Negotiated Contract 2003

AGREEMENT

between the

DORCHESTER EDUCATORS

and the

BOARD OF EDUCATION

OF DORCHESTER COUNTY

2002-2003

2003-2004

2004-2005

Article 1

RECOGNITION

1.1 Recognition - Pursuant to Title 6, Subtitle 4, of the Public School Laws of Maryland, the Board of Education of Dorchester County hereby recognizes that the Dorchester Educators shall be the exclusive representative for all teachers in positions that require a certificate except administrative/supervisory personnel. The Board will notify the Association of all new positions and the proposed unit assignment.

1.2 Definitions

1. The Board - The Dorchester County Board of Education, the Superintendent or his/her designee.

2. The Association or DE - Dorchester Educators, an affiliate of MSTA/NEA.

3. Days - Unless otherwise indicated, the term day(s) shall refer to work day(s).

4. Teacher - The term “teacher(s)” shall refer to all certificated employees represented by the Association. All references to “he” shall include all unit members.

Article 2

SCHOOL BOARD AUTHORITY

Subject to the terms and conditions of this Agreement and to the provisions of the Public School Laws of Maryland, it shall be the exclusive function of the Board of Education and the Superintendent of Schools to determine the mission of the county public education system and to operate the affairs and direct the personnel of the system in all aspects, including but not limited to the standard of service to be offered, the efficiency of administration, the methods, means, and personnel by which such operations are to be conducted, the right to discipline, and to take whatever action and issue rules, policies, procedures, and regulations necessary to carry out the mission of the county public education system for which they are responsible and which is entrusted to them.

Article 3

ASSOCIATION RIGHTS

3.1 No teacher shall suffer discrimination in employment or promotional opportunity because of Association membership activity.

3.2 Upon reasonable request, the Association will have the right to use school facilities for non-commercial purposes. Requests for the use of school facilities to be used following the regular work day shall be made to the school principal. Requests for use of facilities at other times shall be made in writing on the appropriate form. The Association shall bear the cost of overtime payment to custodians if such custodial service is necessary.

3.3 There will be one (1) bulletin board or wall area reserved for the Association in each school, at a location mutually agreed upon, for the purpose of displaying official notices, circulars, and other such materials.

3.4 Interschool Mail - The Association will have the right to place official notices, circulars, and other materials in teachers’ mailboxes and in the distribution boxes in the central office so long as it does not interfere with the distribution of the materials of the school system. All Association printed materials intended for distribution in schools or in the school system shall be approved by the Association president or his designee before distribution. Copies of all printed materials shall be given to the Principal and the Superintendent, but his approval will not be required.

3.5 Duly authorized representatives of the Association and their respective affiliates may be permitted to transact official Association business on school property at all reasonable times, provided that this does not interfere with or interrupt normal school operation.

3.6 The Association may request and shall be given a place on the agenda of regular Board meetings for brief reports and/or announcements.

3.7 The Building Representative of the Dorchester Educators will have the right to schedule meetings of the members before and after school duty hours or at such other times as do not disrupt the normal school program or be in conflict with scheduled faculty meetings.

3.8 Dues Deduction

1. The Board agrees to deduct dues as follows:

The Association will deliver to the Board, forms signed by the association members

authorizing the Board to deduct from their salary their professional dues in the Dorchester Educators, the Maryland State Teachers Association, and the National Education Association. The deductions shall be made in ten (10) equal installments, beginning with the salary check issued on or about November 15 of each year. On or before the 15^th of September, the Board will furnish to the Association a list of all members included in the bargaining unit categorized by school. This authorization shall be valid as long as such signatories are employed in the Dorchester Schools, unless they countermand it in writing to the Association with a copy to the Board prior to October 1, of any school year. In case of resignation within a school year, the balance due that year will be deducted from the final check.

2. The Association will certify to the Board in writing the current rate of membership dues. The Association will give the Board thirty (30) days of written notice prior to the effective date of any change in the rate of dues.

3. The Board agrees to promptly transmit such monies to the Association.

4. The Board agrees to deduct from teacher salaries, contributions to the Dorchester Educators’ Political Action Committee. If at the end of the school year there are less than ten (10) teachers participating, the Board will discontinue collection of the contributions.

3.9 The rights granted to the Association in this Article will not be granted to any other “teachers” organization during the term of this Agreement.

3.10 Association Leave - A total of ten (10) days per year without loss of pay or benefits shall be made available to officers and official representatives of the Association for official business and five (5) additional days per year without loss of pay or benefits shall be made available to officers and official representatives of the Association for the Dorchester Art Exhibit. The Association shall provide the cost of substitutes for officers or official representatives who attend to said official business or Art Exhibit. The president shall submit, in writing, to the Assistant Superintendent a list of teachers requesting to attend meetings requiring release time. Such permission shall be requested at least five (5) working days prior to the date of the meeting. One Association representative from each school and the members of the Association executive team will be released from school duties at the time of student dismissal to attend Association meetings.

3.11 MSTA Convention - The Board will provide release time, without loss of pay or benefits, for one (1) work day per designated employee per school year to attend the Annual Convention of the Maryland State Teachers Association. Except in case of emergency, no later than ten (10) working days prior to the date for which release time is being requested, the president of the local association shall certify, in writing to the Superintendent of Schools, the names of official delegates (with a maximum of one (1) delegate per fifty (50) actively employed DE members) and up to three (3) additional members whose attendance is required at the convention. No later than ten (10) working days after the convention, the president shall similarly certify the attendance of these delegates at the state convention.

3.12 New Teachers Lists - The Board will provide the names and assignments of all new teachers prior to the beginning of the Board’s orientation program. The Board will provide updates as new teachers are hired.

3.13 The Board shall provide the Association with relevant, readily available information regarding negotiation proposals or grievance investigations. All Association requests shall be reasonable and the Board shall have the right to withhold any confidential information.

3.14 If any provision of this Agreement or any application thereof is held to be contrary to law by a court of competent jurisdiction, such provision or application will not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

Article 4

TEACHERS’ RIGHTS

4.1 No teacher will be disciplined or reduced in rank or compensation without cause.

4.2 Any suspension of a teacher pending a proper hearing before the Board shall be with pay.

4.3 Personnel Files

1. No unfavorable material related to a teacher’s conduct, service, character, or personality will be placed in their personnel file without the teacher’s knowledge. The teacher shall acknowledge his awareness of the material by affixing his signature to the material to be filed with the understanding that such signature does not necessarily indicate agreement with the contents thereof.

2. The teacher shall have the right to answer any material placed in his personnel file and his answer shall be attached to the file copy.

3. A teacher shall be permitted to examine his personnel file under the supervision of and by prior appointment with the Assistant Superintendent. Only confidential references pertaining to original employment, promotion, or employment will be excluded from such view.

4.4 Association Membership

It is recognized that all teachers have the right to join, or not to join, the Association, but membership shall not be a prerequisite for employment or continuation of employment of any teacher. The Board will not take reprisals of any kind against any employee by reason of this membership in the Association or participation in any of its lawful activities.

4.5 Reduction in Force

When there is to be a reduction in the professional teaching staff in any field for which a certificate is issued, no tenured teacher will be laid off until all probationary teachers in their field of certification have been laid off; no probationary teachers shall be laid off until all provisional teachers in their field of certification have been laid off.

Tenured teachers shall be laid off in each field of certification in inverse order of length of total satisfactory service as a teacher in Dorchester County Schools. Tenured teachers who are laid off shall be recalled in inverse order of their separation when positions in their field of certification become vacant. A teacher shall remain on the recall list for a period of two years.

4.6 Personal Life

The personal life of a teacher shall be the concern of and warrant the attention of the Board only if it interferes with the regular conduct of the school(s) or as it may directly prevent the teacher from properly performing his assigned functions.

4.7 Health and Safety

The Board shall comply with state and federal regulations with regard to safe and healthful

working conditions. When the building administrator judges a room or an area to be a health or safety hazard, the room or area will be closed until the hazard has been corrected. Teachers shall not be asked to search for bombs or other explosives.

4.8 Academic Freedom

Teachers shall be responsible for providing students with opportunities to investigate all facets, sides, and/or options of and about any and all topics introduced. The teachers shall strive to promote tolerance for the views of others and the right of individuals to form and hold differing views and opinions.

4.9 Student Discipline

The Board affirms the policy that physical or serious verbal abuse of teachers cannot be tolerated. Methods of dealing with physical and serious verbal abuse toward teachers by students shall be in compliance with Board policy and state law. Each school shall have a functioning school discipline committee. When a student’s behavior seriously disrupts the instructional program to the detriment of other students, a teacher shall have the right to recommend the temporary removal of that student from class. The teacher will use a written referral form when referring a student to a school administrator or his/her designee. The principal or his/her designee will determine the action to be taken, including when the student will return to class and, in accordance with state law, will confer with the teacher prior to the student’s return to class.

4.10 Evaluations

1. Teachers shall be evaluated in accordance with current Maryland State Department of Education Regulations and board policy.

2. Whenever the rating of a second-class certificate is being considered, the appropriate supervisor must be utilized as the second opinion evaluator.

3. All observations of the work performance of a teacher will be conducted openly and with full knowledge of the teacher. Observation for the purpose of evaluating the teacher’s performance may be made at any time during the school year except the day before Thanksgiving, the day before Winter Break, and the day before Spring Break.

4. Within ten (10) days after the observation, teachers will be given a copy of any class visitation report, observation report, or evaluation report as a basis for a conference between the instructional coordinator and/or the appropriate administrator and the teacher.

5. Professional criticism of a teacher’s work will not occur in the presence of students or other teachers unless there is a serious problem which requires immediate, corrective action or student safety is in jeopardy. This shall not preclude more than one administrator/supervisor from participating in conferences.

6. In the event a teacher’s evaluation is not completed by the end of the fiscal year, said evaluation shall be considered to be satisfactory.

7. Teachers will be notified of any allegations made against their conduct, character,

performance, or personality if such is to be placed in the personnel file.

8. Evaluation/observation forms will be available for teachers to review.

9. Administrators and supervisors will observe/evaluate only one teacher at a time.

Article 5

NEGOTIATION PROCEDURES

5.1 Negotiating Teams

At the October Board meeting, the Board and the Association shall each designate in writing to the other, the names of no more than seven (7) official representatives including its chairperson. The Board and the Association may have additional persons present at times when testimony is needed. The official representatives appointed by each group shall have full power to negotiate for the group regarding all matters related to salaries, wages, hours, and other working conditions, but the final agreement shall be subject to the ratification or rejection by the ratifying body of the Association and the Board.

5.2 Opening and Closing Negotiations

The negotiation period will commence no earlier than on the first Monday in November and every effort shall be made to conclude negotiations by January 31, of the following year. Basic issues proposed for negotiation shall be submitted in writing by the Association to the delegated representatives of the Board at the first meeting and by the Board to the delegated representatives of the Association no later than the second meeting. Bargaining sessions shall be held at times and places mutually satisfactory to both teams.

5.3 Reaching Agreement

When consensus is reached, the proposed total contract shall be reduced in writing, signed by the official negotiating teams and submitted to the ratifying body of the Association and the Board for approval within ten (10) school days of the receipt of the contract from the negotiating teams. Upon ratification by the parties, they shall approve and sign the contract to become effective July 1, unless otherwise specified.

5.4 Pursuant to Section 6-408, PUBLIC SCHOOL LAWS OF MARYLAND, if the parties in an impasse proceeding are unable to agree upon a third panel member or to obtain a commitment to serve within the specified period, they shall use the services of the American Arbitration Association and split the cost equally.

5.5 Provisions for Renegotiations

1. The items of this Agreement not requiring fiscal support shall be valid and binding when duly ratified by the Association and the Board.

2. If any fiscal item cannot be funded, after enactment of the budget by fiscal authorities, further negotiation on these items shall be instituted within ten (10) days after enactment by the fiscal authorities.

Article 6

WORKING CONDITIONS

6.1 Work Day

The work day for teachers shall be 7.5 consecutive hours per day including 30 consecutive

minute duty free lunch period. Faculty meetings shall not be scheduled for more than one day

each week for up to 45 minutes beyond the work day except for budget development or Middle States Evaluation. The work schedule will be determined by the principal and can vary among teachers. The Association and the Board mutually recognize the value of school related activities which occur beyond the scheduled work day. While staff participation in these activities is recognized to be voluntary, the Association and the Board join in encouraging all teachers to attend and become actively involved in these activities.

In regard to delayed opening or early dismissal of school due to emergency conditions, teachers shall not be required to report for work earlier than thirty (30) minutes prior to the start of school for students and remain no longer than fifteen (15) minutes after student departure.

The number of work days for teachers employed on a ten month basis shall be 188 days in FY 2003, 189 days in FY 2004, and 190 days in FY 2005. If, in any individual year of the Agreement, any terms of this Agreement fail full funding by the Board of Education, the number of work days will not be increased for that year.

6.2 Lunch Periods

In general, teachers are expected to remain at the school during the lunch period. For good reason, permission shall be granted for leaving the premises, provided that the principal may limit the number of teachers who may leave the building during the lunch period at any one time in order that adequate supervision of children shall be provided.

6.3 Transporting Students

Teachers shall not be required to transport students.

6.4 Planning Periods

Secondary teachers shall have at least five (5) unassigned preparation periods per week. A minimum of 225 minutes of planning time per normal school week will be provided to elementary school teachers. Planning time will be scheduled in blocks of no less than thirty (30) consecutive minutes. School administrators will make an effort to provide some planning time each day.

6.5 Teachers shall not be required to serve as substitutes during their planning time except in emergencies as determined by the principal. An emergency shall be defined as a situation for which there was no administrative knowledge within 24 hours prior to the need for a substitute. This section shall not prohibit teachers volunteering for such duty.

6.6 Teachers shall not obtain substitutes. Principal, or his/her designees, will be notified as early as possible pending absence due to illness but not later than 7:00 a.m. on the day of the absence. Lesson plan(s) will be furnished by the teacher.

Article 7

ASSIGNMENT AND TRANSFER

7.1 Assignment

1. Building

All teachers holding Standard Professional and Advanced Professional Certificates will be given written notice of their building assignment for the forthcoming year not later than June 1. In the event a change is made in a teacher’s building assignment after June 1, the teacher will be so notified, in writing, as soon as possible.

2. Teaching

All teachers holding a Standard Professional or an Advanced Professional Certificate will be given notice of their teaching assignment for the forthcoming year not later than August 1. In the event a change is made in the teaching assignment after August 1, the teacher will be notified of the reasons, in writing, as soon as possible.

7.2 Transfers

1. Voluntary Transfers

Teachers interested in being considered for transfer shall submit, in writing, their requests to the Board indicating the school, grade, or position sought. Such requests shall be retained for a period of one contract year and can be renewed from year to year. Whenever a vacancy arises or is anticipated, all certificated and qualified persons who have filed a request for transfer will be considered in filling the position. In making assignments, the instructional needs and the best interest of the school will be paramount. A teacher whose request for transfer has been denied will be notified in writing of the specific reasons for the denial.

2. Involuntary Transfers

An involuntary transfer will be made only for cause.

Article 8

PROMOTIONS

8.1 The following procedures will be used when advertising administrative and supervisory positions:

1. All vacancies will be advertised. Announcements of vacancies shall be made available to each school for posting on the faculty bulletin board, sent to the Association, and to other school systems, colleges, and universities as considered necessary.

2. The announcement shall include a description of the position, duties and responsibilities, salary range, qualifications, and procedures for application.

3. Announcements shall be distributed at least ten (10) days before the closing dates for accepting applications.

4. When vacancies occur that must be filled immediately, an interim appointment may be made at the discretion of the Superintendent, but shall extend no longer than the school year. However, a permanent appointment will be made as soon as possible.

5. When vacancies occur during the summer months the Board will give ample notice, ten (10) days, to those teachers who have indicated their interest in such a position by writing a letter expressing their desire to the Board of Education.

6. Any applicant who has applied for a position and was not accepted for that position shall have the right to schedule a conference with the Superintendent or his designated representative to discuss the outcome of his application.

Article 9

ABSENCES AND LEAVES

9.1 Sick Leave

1. During the regular work year all certificated 10 month teachers shall be granted twelve (12) sick leave days, of which three (3) per year may be used for personal leave.

2. Sick leave may also include other absences such as medical, dental, or optical examinations, or treatment impossible to schedule on non-duty days. Sick leave is construed to mean personal illness or illness in the family.

3. The Board will be responsible for affecting the transfer of all accumulative sick leave for any teacher who comes to the Dorchester County School System from another county in Maryland and will notify the teacher of the number of sick days credited to him/her.

4. The Board shall inform each teacher during the month of June of the amount of sick leave accumulated.

5. Unused sick leave shall be cumulative without limit.

6. Teachers shall, with medical documentation, be allowed to use sick leave for absences due to disability connected with or resulting from pregnancy. Under this provision, such disability shall be treated as a temporary disability, and all Board policies concerning personal illness shall be applicable to such disability. Upon termination of such disability, the teacher must return to work unless she resigns or requests a leave of absence.

9.2 Personal Leave

Personal Leave as noted in 9.1, Section A., shall not be granted immediately before or immediately after a holiday, nor on an inservice day for teachers, nor during the first five (5) days of the student calendar or the last five (5) days of the student calendar.

Exception: Personal leave may be used by teachers when the opening of a college summer session precedes the last duty day for teachers. This leave shall not interfere unduly with the program of instruction (no more than 5% of any teaching faculty or one teacher for schools with less than twenty (20) teachers on any given day - fraction rounded to next highest integer) and shall be subject to approval by the principal. This type of leave will not be considered unless the request is made in writing to the principal prior to the effective date of leave.

9.3 Sabbatical Leave

Sabbatical leave will be granted subject to the following conditions:

1. The teacher shall be professionally certified, tenured, and shall have been employed in the Dorchester County Public Schools a minimum of seven (7) consecutive years.

2. The teacher shall agree to return to the Dorchester County Public Schools following completion of his sabbatical leave for a minimum of two (2) years’ service or repay all monies advanced by the Board within sixty (60) days of the date that the sabbatical was completed. A sabbatical contract signed by the teacher and Board shall be required.

3. There will be no more than two (2) sabbatical leaves budgeted each school year.

4. A program verified by an institution, or one approved by the Board of Education, including study in another area of specialization, for travel or for other reasons of value to the school system, is accepted as meeting the sabbatical leave requirement. A teacher on sabbatical leave, either for one-half (1/2) of a school year or for a full school year will be paid by the Board at one-half (1/2) of the salary rate which s/he would have received if s/he had remained on active duty. If the requirement is not fulfilled, then the teacher must refund sabbatical pay prorated on the basis of actual completion of the originally verified and approved full-time program.

5. In the event a teacher on sabbatical leave receives extra monies through any type of grant or scholarship, the combined amount of those monies and the sabbatical leave allowance shall not exceed the amount of money the person would have received as a staff member for the school year in which the sabbatical leave had been granted. In cases where the combined monies exceed the regular salary, the sabbatical leave salary shall be reduced accordingly.

6. Upon return from leave, the teacher shall be placed on the salary schedule at the level which s/he would have achieved had s/he remained actively employed in the system during this period of absence. S/He will also be credited with sick leave accumulated prior to the period of the absence.

7. When the teacher returns from leave, s/he will be assigned to the same type of position held at the time said leave commenced, if available. If the same type of position is not available, the teacher will be assigned to a comparable position as determined by the Superintendent of Schools.

8. The teacher may elect to continue paying his/her share of retirement, hospitalization and major medical insurance, and other fringe benefits during this period of leave.

9. Sabbatical leave shall be in effect from September 1 through June 30.

10. Prospective candidates must apply to the Board prior to December 15 of each year (preceding sabbatical year) and the Board must notify candidates who requested sabbatical leave by March 1. Decisions regarding sabbatical leave are not grievable.

9.4 Parental Leave

1. Tenured teachers shall, at their request, be granted a leave of absence, without pay, for child bearing and/or child rearing for such period of time as is mutually agreed upon with the Board, but normally not to exceed one (1) year. All benefits to which an employee was entitled at the time his/her leave of absence commenced, including accumulated sick leave, will be restored upon return to employment.

2. No teacher on said leave shall, on the basis of said leave, be denied the opportunity to substitute in the Dorchester County School System, upon presentation of medical testimony that the teacher is able to do so.

3. Tenured teachers adopting an infant shall, at their request, receive similar leave which shall commence upon the teacher receiving de facto custody of said infant, or earlier if necessary to fill the requirements for the adoption.

4. Teachers returning from parental leave shall be assigned to their former position or a comparable position if either is available provided the Board is notified in writing by April 1 for the following September, or three (3) months prior to their desire to return. They shall have assignment preference over new incoming teachers. Exceptions may be made only in case of unusual subject matter requirements.

5. The teacher on leave shall be afforded the opportunity to continue payments toward retirement providing that the leave meets the requirements set forth by the State Retirement and Pension System of Maryland.

6. The teacher on leave shall be afforded the opportunity to continue payments toward insurance programs.

9.5 Temporary Leaves of Absence

1. Bereavement Leave

Upon the death of a child, parent, step-parent, brother, sister, husband, wife, in-law, aunt, uncle, niece, nephew, grandparent, or anyone who has lived regularly in the household of a teacher, such teacher shall be allowed a maximum of four (4) working days without loss of salary.

2. A teacher who is subpoenaed as a witness in a case or who is called to serve on a jury may be granted leave for the period of time he is unable to report to work. The

teacher shall transmit (via personal check, made payable to the Board of Education) any money received from such duty other than that used for personal expenses (i.e. travel). The teacher may elect to retain any money received from such duty and be granted leave without pay. Applications for leave must be made in advance and submitted with a copy of the subpoena.

3. Military Leave

1. Short Term - Teachers who lose time due to short term obligations or annual unit training duty with the National Guard or Reserve component of the armed forces for the United States shall be granted leave with regular pay and accrual of benefits up to a period of fifteen (15) working days per annum.

2. Call to Active Duty - In the event of state or national emergency, teachers who are called involuntarily to active duty from the National Guard or Reserve component of the armed forces of the United States shall be granted a leave of absence without loss of pay for that period of time when service is involuntary, not to exceed sixty (60) working days. “Without loss of pay” shall mean the teacher’s regular pay and accrual of benefits for the time missed, minus the teacher’s military base pay. Upon return from a call to duty the teacher will be assigned as described in 9.3 Section G.

9.6 Leave for Association Activities

1. The Board agrees to grant a leave of absence without pay, but with extension of full experience credit, for a member of the Association who has been elected to a local, state, or national office.

B. Leave granted in this section shall be for a maximum of six (6) years.

3. Upon return, the teacher shall be assigned to their former position or to a comparable position as determined by the Board.

9.7 Extension of Leaves

An extension of a leave of absence may be granted at the discretion of the Board, if such extension is requested by the teacher.

9.8 Sick Leave Bank

The Board of Education will provide a space for teachers to donate sick leave days to a sick leave bank. The Association must assume total responsibility for operating the sick leave bank in accordance with state and federal laws and regulations.

9.9 The benefits provided by the Family and Medical Leave Act of 1993 shall not diminish any of the leaves and benefits contained in this Agreement, but rather, shall be construed to be in addition thereto.

Article 10

REIMBURSEMENTS

10.1 Reimbursement for Professional Training

1. Teachers holding a Standard Professional or Advanced Professional Certificate will be paid for graduate courses taken toward certificate renewal, an Advanced Professional Certificate, a Master’s degree, or courses required by the Maryland State Department of Education, provided the Assistant Superintendent has granted prior approval for the courses/program to be taken. In cases where undergraduate course work will serve to satisfy requirements, such course(s) will be reimbursable, provided they receive prior approval as required for graduate level courses.

2. Teachers approved to take courses shall be reimbursed at the lesser of the actual cost or the Salisbury University rate per credit hour for a maximum of nine (9) semester hours per year.

3. Payment will be by separate check under one of the following schedules as selected by the teacher:

Normal Reimbursement - Upon submission of a receipt showing payment for the course and an official grade slip, payment will be made within twenty (20) working days.

Advanced Reimbursement - Upon submission of a receipt showing payment for the course, payment will be made within twenty (20) working days. Upon completion of the course and no later than twenty (20) working days following the last day of the course, the grade slip showing satisfactory completion will be submitted. The full amount of the advanced reimbursement is due and payable to the Board of Education under the following circumstances:

1. Resignation or termination of employment.

2. Failure to supply a grade slip showing satisfactory completion by the deadline cited.

3. Dropping or cancellation of the course.