ARTICLE I
RECOGNITION
A. The Board recognizes the S.A.D. #4 Education Association as the exclusive bargaining agent as defined in Title 26 M.R.S.A., Section 962 of a unit consisting of all certified full time teachers of S.A.D. #4, excluding the following:
1. Substitutes, evening and summer school teachers; and those in extra-curricular positions while acting as such.
2. The following supervisory positions whose duties require at least 50% of their time, to be devoted to non-teaching duties: Director of Special Services, Principals, Assistant Principals, Elementary Coordinators, and/or supervisory staff positions;
3. School nurse(s), tutors, aides, and educational technicians;
4. A.D. as it relates to those extra-curricular sports activities;
5. Technology Coordinators;
6. Speech/Language Pathologists;
7. Home-to-School Liaisons;
8. Guidance Personnel.
Certified professional teachers who work less than full time shall receive pro-rated salary and benefits based upon time worked compared to the time worked by full-time teachers.
ARTICLE II
Negotiations Procedure
A. The parties agree to bargain in accordance with Title 26, MRSA, Chapter 9-A.
B. The Board will furnish the Association with proposed policy changes, in writing, prior to First Reading at the Board level.
C. Should a change in educational policy result in a demonstrable impact on working conditions of teachers, the parties agree to bargain the impact upon receipt of a written request from the Association.
D. Once a change in educational policy has taken place resulting in a demonstrable impact on working conditions of teachers, the parties agree to bargain the impact.
E. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.
ARTICLE III
Grievance Procedure
A. Definitions
1. A “grievance” is a dispute as to the interpretations or application of the specific terms of this Agreement. Past practices, or Board policy, shall not become the subject of a grievance.
2. An “aggrieved teacher” is the teacher or teachers making the complaint.
3. A “party in interest” is the teacher or teachers making the complaint and any person who might be required to take action or against whom action might be taken in order to resolve the complaint.
4. “Days” shall mean Monday through Friday except legal holidays and storm days.
5. “Teachers” shall refer to all certified professional employees employed by the Board as described in Article I.
B. Purpose
1. The purpose of this procedure is to secure at the lowest possible level solutions to grievances which may from time to time arise. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate.
2. Nothing herein contained shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally and confidentially with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement. The Association shall be informed of the basis of such resolution in order to determine for itself whether such resolution was consistent with the terms of this contract.
C. Time Limits
Since it is important that grievances be processed expediently, the number of days indicated at each level shall be considered a maximum, and every reasonable effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.
In the event a grievance is filed on or after June 1, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein may be reduced by mutual agreement so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
Any grievance which is not pursued in accordance with the time limits specified herein, is deemed waived.
D. Informal Procedures
If a teacher feels that s/he may have a grievance s/he shall first discuss the matter with his/her principal or other appropriate administrator in an effort to resolve the problem informally. If the teacher is not satisfied with such disposition of the matter, s/he shall have the right to present the grievance at Level 1 of the Formal Grievance Procedure.
Level 1
A. A teacher with a grievance shall submit the grievance in writing to his principal or his/her immediate supervisor within twenty (20) days after the occurrence of the event or condition which gives rise to the grievance. The grievance shall specify particularly the event or condition upon which it is based and the provision or provisions of the Agreement which it is claimed are violated thereby. Incorrect identifications of provisions claimed violated shall not invalidate the grievance.
B. The teacher’s principal or immediate supervisor to whom the grievance is submitted will meet with the aggrieved teacher within five (5) days. The principal or supervisor shall render his/her decision and the reasons therefore in writing within five (5) days from the date of that meeting.
C. If a decision is not rendered, the grievance shall be deemed denied at the expiration of said period.
Level 2
A. If the aggrieved teacher is not satisfied with disposition of the grievance at Level 1, he may, within ten (10) days after the disposition at Level 1, submit the written grievance to the Superintendent. If a grievance is filed at this Level, it must be accompanied by a written statement as to why the resolution proposed at Level 1 is not satisfactory.
B. The Superintendent shall meet within the (10) days after receipt of the written grievance with the aggrieved teacher and the authorized representative of the Association for the purpose of resolving the grievance.
C. The Superintendent will render a written decision within eight (8) days of the meeting. If a decision is not rendered, the grievance shall be deemed denied at the expiration of said period.
A. If the aggrieved teacher is not satisfied with the disposition of the grievance at Level 2, s/he may, within ten (10) days after the disposition at Level 2, submit the grievance to the Board. A grievance filed at this level must be accompanied by a written statement indicating why the resolution proposed in Level 2 is not satisfactory.
B. The Board shall, within twenty-three (23) days after receipt of the grievance, meet with the aggrieved teacher and the authorized representative of the Association for the purpose of resolving the grievance.
C. The Board shall, within five (5) days after such meeting, render its decision and the reason(s) thereof in writing to the aggrieved teacher with a copy to the Association.
Level 4 - Arbitration
A. If the aggrieved teacher is not satisfied with the disposition of the grievance at Level 3, he/she may, within eight (8) days after the decision, request in writing to the President of the Association that his/her grievance be submitted to arbitration.
B. The Association shall within three (3) days after receipt of such request, if the Association formally determines that the grievance is meritorious and recommends such action, submit the grievance to arbitration by so notifying the Superintendent in writing.
C. If the parties are unable to agree upon an arbitrator within ten (10) days, they shall request the American Arbitration Association to utilize its procedures for the selection of a neutral arbitrator. As soon as possible, after receipt of the list of arbitrations, the parties shall make their selection in accordance with those procedures prescribed by the American Arbitration Association.
The arbitrator shall have no power to add to, subtract from, or modify the provisions of this Agreement, and shall confine any decision to the meaning of the specific written contract provision which gave rise to the dispute. The arbitrator shall be without power to make any decision which is contrary to law, interferes with the statutory duties of the Board, or violates the terms of this Agreement. The arbitrator’s decision will be final and binding on the parties, subject to judicial review.
D. Costs: The costs for the services of the neutral arbitrator, including any per diem expenses, actual and necessary travel and subsistence expenses and the cost of hiring the premises where any arbitration proceedings are conducted, will be shared equally by the parties to the arbitration. All other costs will be assumed by the party incurring them.
E. Rights of Teachers to Representation
1. No reprisals of any kind shall be taken by either party or by any member of the Administration against any participant in the grievance procedure by reasons of such participation.
2. Any party in interest may be represented at any Level of the formal grievance procedure by a representative of his own choosing.
3. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
4. Forms for filing and processing grievances shall be prepared by the Board with consultation from the Association and made available through the Association so as to facilitate operation of the Grievance Procedure.
ARTICLE IV
Teachers’ Rights
A. Pursuant to Chapter 424, Public Laws, State of
B. Nothing contained herein shall be construed to deny or restrict any teacher such rights as they may have under State of
C. Whenever any teacher is required to appear before the Board or any committee thereof, they shall receive written notice of the reason and shall be entitled to have a representative of their choice. Whenever a teacher is required to meet with an administrator for investigatory purposes, which may lead to disciplinary action, they shall be entitled to request that a representative of the Association be present during the conference.
D. The Board or its designee will meet and consult with the Association upon written request on any Board policy changes concerning evaluation procedures, but the Board’s authority to determine the necessary number of evaluations and the most appropriate form for the evaluations, will not be diminished.
E. 1. No teacher on continuing contract shall be reduced in rank, non-renewed or dismissed without just cause.
2. By way of clarification, this just cause provision does not apply to the non-renewal or dismissal of a probationary teacher, nor does it apply to the termination of a teacher’s contract in connection with the elimination of a teaching position, nor does it apply to the non-reappointment or dismissal of a teacher under annual appointment to coaching or other extra-curricular or co-curricular activity.
3. No grievance may be filed in connection with this, E2, provision unless the teacher, in writing, has previously waived any right the teacher may have to file a civil action or to seek judicial or administrative relief relating to the termination of the teacher’s contract.
4. Any suspension of a teacher pending final action shall be with pay.
F. At such time as the Board determines that a reduction in force is necessary, the following procedure shall be utilized.
1. Impact Areas
a. K-8
b. 9-12 (by departments)
c. K-12 (specialty subject) - Art, Physical Education, Career Prep, Health/Wellness, Music, Gifted & Talented, Special Education, Industrial/Manufacturing Technology, Foreign Language, Computer Teacher, Computer Technology Integration Specialist, Literacy Coach and Reading Specialist.
2. Order of Layoff
a. When the Board determines that a reduction in force is necessary, it shall consider the relative qualifications and abilities of all teachers within the specific impact area.
b. The criteria that may be considered include, but shall not be limited to, academic preparation, certification, length of service, performance evaluation, and teaching experience.
3. Recall
a. When a vacancy occurs within a specific impact area, those continuing contract teachers who have lost their position within the specific impact area, shall be recalled to those positions for which they are certified in the specific impact area.
b. The Association shall be notified in writing of all job changes, reductions or openings of positions.
c. When a vacancy occurs in another impact area, teachers certified in that impact area shall be given first consideration for that position. Consideration shall mean: notification, interview and full consideration prior to interviewing outside candidates.
d. Continuing contract teachers shall remain on the recall list for a period of twelve (12) months from the date of severance or until they have refused an offer of a position of an equivalent amount of time from the Board or have signed a contract elsewhere for a position of an equivalent amount of time. It is the responsibility of the teachers to inform the Superintendent in writing of changes in job status and to furnish the Superintendent with a current mailing address.
e. When a vacancy occurs for the position, which a continuing contract teacher held prior to the layoff, that continuing contract teacher shall be recalled to that specific position unless he/she is presently employed as a teacher within or outside of the system.
4. Other Considerations
a. Continuing contract teachers whose positions have been terminated due to a reduction in force shall be entitled to not more than two (2) days of leave with pay for the purpose of seeking alternative employment. These days are in addition to days granted elsewhere in the Agreement.
b. The Superintendent shall provide to the Association President and shall post in each building a seniority list each year no later than September 30th. The seniority list will list teachers by name, date of employment, and area in descending order of seniority.
ARTICLE V
Association’s Rights and Privileges
A. Representatives of the Association will not be scheduled to participate during working hours in negotiations or grievance proceedings unless necessary. If such scheduling is deemed necessary, the representatives of the Association shall not experience a loss of pay.
B. The Association shall report the presence of affiliates and gain approval of Superintendent of Schools or his designee before transaction of business on school property. The transaction of business shall not interfere or interrupt normal school operation.
C. The Association and its representatives may use school buildings at reasonable hours for meetings upon advance notice of the time and place of such meetings. The principal shall permit the holding of such meetings except in cases when previously schedule for another event. The Association shall reimburse the Board for any extra janitorial labor costs required for the holding of such meetings.
D. The Association may use school equipment, on school property, including typewriters, computers, duplicating equipment, calculating machines, and all types of audio-visual equipment at reasonable times, when such equipment is not otherwise in use. The Association will be responsible for the damage of facilities and equipment used.
E. The Association may purchase expendable office supplies and other materials from the Board suppliers at the time of Board purchase if supplies are to be used for legal or authorized reasons only.
F. The Association shall have the right to use the inter-school mail facilities and school mail boxes for legal or authorized reason only--official Association business.
ARTICLE VI
Rights of the Board
The Association recognizes that except as specifically limited by a specific written provision of this agreement, the Board shall continue to have all rights, functions, powers, duties, and authority available to it under law, regulation, ordinance, custom, or otherwise to have the exclusive right to take any action it deems appropriate in the operation of the school system in the implementation of the educational policies, and in the direction of the work of employees covered herein in accordance with its judgment.
ARTICLE VII
Salaries/Benefits
A. General Provisions
1. Teachers are to be paid in twenty-six (26) installments bi-weekly. The installments are due on appropriate dates approved by the Board. If a payday falls on a legal holiday, when the administrative office is closed, checks will be available on the day prior to the holiday.
2. A teacher retiring in June will be paid one lump sum payment at the close of the teaching year in order that he/she might receive the advantages of the full pay for their retirement benefit.
3. A teacher may request the July and August payments in a lump sum on the first payroll in July. He/she must give the Superintendent of Schools three (3) weeks notice in writing of such request as payroll courtesy.
4. The determination of which, if any, financial institutions the Board will send direct deposits to - will be made solely by the Board. The direct deposits shall be made available to the financial institution on the day of the Board approved pay date.
2005-2008 (Hired Prior to 2002)
The Board agrees to pay 80% full benefit of MEA Benefits Trust Option II (i.e., individual election between Standard and Choice Plus plans), or any other plan agreed to by the Education Association and Board of Directors, or any plan established by state or federal legislation, for single subscribers, two persons, adult with child(ren) or family coverage, as applicable, up to a maximum of full coverage per month for full-time teachers. Each teacher shall select annually either Standard or Choice Plus Plan. In the event that both spouses are employed by the district, the above sum shall be paid towards only a single, two person, adult with child(ren) or family policy, as applicable, in order to minimize the cost to the district. Those eligible for the coverage are the employees, spouse or children who meet the age requirement of the policy.
2005-2008 (New Hires)
Teachers hired for the 2002-2003 school year and after, the Board agrees to pay 80% of the MEA Choice Plus Plan, or any other plan agreed to by the Education Association and Board of Directors, or any plan established by state or federal legislation, for single subscribers, two per persons, adult with child(ren) or family coverage; as applicable, up to a maximum of full coverage per month for full-time teachers. In the event that both spouses are employed by the district, the above sum shall be paid towards only a single, two person, adult with child(ren) or family policy, as applicable, in order to minimize the cost to the district. Those eligible for the coverage are the employees, spouse or children who meet the age requirements of the policy. Employees who choose to have the MEA Standard Plan will have to pay the difference between the Choice Plus and Standard Plan.
2005-2008 (MSRS Retirees)
The Superintendent of Schools, on behalf of the Board, shall have the option of entering into an agreement with “MSRS retirees” that allows the retiree to be enrolled in his/her state retirement systems health insurance plan, and receive cash in lieu of the local health insurance coverage. The combination of the state contribution towards the single premium cost and the local cash in lieu benefit shall not exceed the total health insurance benefit that is provided for the regularly employed teacher. Payments to the MSRS retiree will be made through M.S.A.D. #4 Accounts Payable upon quarterly (July 1, October 1, January 1 and April 1) receipt of documentation proving membership and balance due.
2005-2008 (Dental Insurance)
Dental Insurance will be provided at a group rate, employees are responsible for 100% of the premiums.
C. Salary Schedules
Reference Appendix B, C and D.
D. Definition of Training Categories on Salary Schedule:
1. Bachelors Degree - Earned baccalaureate degree awarded by university or college.
2. Masters Degree - Earned master degree awarded by a recognized graduate school of a university or college.
3. MS +30 or CAS
4. If there is a question as to the relevance of the course to the needs of the district, the Superintendent will make final determination.
E. Recognition of Increased Professional Training:
1. Increased salary compensation will be made on receipt of an earned degree.
2. It shall be the responsibility of the teacher to notify the Superintendent in writing of any anticipated change in his/her level of education, resulting in a change on the salary schedule, no later than February 1.
3. The basic salary schedule will be adjusted in accordance with the current schedule for years of training and experience if evidence of an earned degree or certificate of completion of the requirements for the degree or additional year of training, is completed before the opening date of the new school year and received by the Superintendent on or before September 15th.
Head Teacher/Building Liaison
A. Head Teacher - (in absence of elementary principal position)
The Head Teacher will receive an annual stipend of $3,500.00
B.
The Elementary Building Liaison will receive an annual stipend of $1,000.00
ARTICLE IX
Pupil Evaluation Team Salaries
A. Any teacher appointed as a regular member to the Pupil Evaluation Team will be paid for every meeting beyond a normal teacher work day at a rate of $16.00 per meeting after a teacher has attended (10) ten individual P.E.T. meetings held after regular school hours.
B. A regular member of the Pupil Evaluation Team is defined as:
1. Special Education teachers who are required to be at P.E.T. meetings.
2. Teachers who are required by the Special Education Director to attend an individual’s P.E.T. meeting.
ARTICLE X
Reimbursement for Professional Credit
A. The Board shall accept monetary responsibility for teacher’s full tuition costs, academically related fees, textbooks and course specific software for professional credits. Tuition cost not to exceed 9 (nine) credits per contract year at the current year’s
1. These costs shall not include any travel cost and/or board or room.
2. Courses taken are approved for recertification by the Support System Steering Committee.
3. These tuition costs shall not exceed the normal cost of tuition of that college or university.
4. The teacher shall furnish the Superintendent with the proper evidence that he/she is enrolled as a student at an accredited college or university in a Bachelor’s, Master’s, CAS or Doctoral Program.
5. Payment for professional credits taken for any other reason shall be at the discretion of the Superintendent.
6. The courses shall be in the area generally taught by the teacher. If there is a question as to the relevance of the course to the needs of the district, the Superintendent will make the final determination. Such determination shall not be subject to the grievance procedure.
B. Teachers must present evidence of satisfactory completion of approved courses from an accredited institution within one month of completion of course work.
C. The Board shall make arrangements at the teacher’s request with any accredited college or university for a procedure for third party billings of courses taken and successfully completed.
D. The teacher must receive a minimum grade of “B” or its equivalent for the district to be responsible for payment.
E. Failure to comply with any of the preceding items will result in the teacher having the cost expended by the district for the course withheld from that teacher’s pay. The individual teacher responsible for reimbursement of cost to the district shall enter into a written agreement specifying that the repayment amount will be deducted from bi-weekly payrolls not to exceed five (5) in number or to be concluded no later than issuance of the final payroll for the school year.
ARTICLE XI
Extra - Curricular
EXPERIENCE DETERMINATION
There will be a 3% increase with each step achieved.
This is multiplied and added to the Extra-Curricular Base of $22,850.
This is also added to the leveling of the coaches and advisors where applicable.
NOTE: Leveling is done first then experience.
STEP YEARS EXPERIENCE %
0 0-1 0
1 2 3
2 3 6
3 4-5 9
4 6-7 12
5 8-9 15
6 10-11 18
7 12-13 21
8 14-15 24
9 16-17 27
10 18-19 30
Credit for experience will be given from: Non-varsity sport or activity to non-varsity;
Varsity to non-varsity;
No credit will be given for: Non-varsity to varsity.
Outside credit for experience will be given upon recommendation of the A.D. and approval by the Principal.
EXTENDED SEASON
The extended season is figured upon the number of days from the start of the activity to the end, counting Saturdays. The pay will be figured per diem by approval from the A.D. in athletics and by the Principal in non-athletics.
FIGURE BASE
+ FIGURE LEVEL
X EXPERIENCE
Jr. Varsity coaches will not receive extended season pay for an extended Varsity season.
EXTRA CURRICULAR PAY DETERMINATION
The activity is given a factor rating based on time and experience.
These are as follows:
Amount of time of activity Points
0 - 60 Hrs. = 1 pt.
61 - 140 Hrs. = 2 pts.
141 - 220 Hrs. = 3 pts.
221 - 300 Hrs. = 4 pts.
301 + Hrs. = 5 pts.
An additional point is given if the activity is during school vacation time, for travel time, and extra time.
Total possible points is 8.
RESPONSIBILITIES IS BASED ON
Number of pupils responsible for: (general average over 5 yr. span)
0 - 9 = 1 pt.
10 - 20 = 2 pts.
21+ = 3 pts.
A point is also given for each additional responsibility factor.
RESPONSIBILITY FACTOR:
1. Program Development
2. Budget Responsibilities
3. Probability of Danger
4. School Property
5. Level of Competition
6. Direct Revenue Producing in Excess of $1,000.00
7. Direct Revenue Producing in Excess of $10,000.00
8. Business/Industry/Community Representation
9. Full Year Commitment
ATHLETIC LEVELING
* LEVEL I - A coach must be ACEP certified or college preparation or other, approved by A.D.
* LEVEL II - A coach must meet Level I criteria
- Minimum 3 yrs. completed experience in that sport as defined in experience determination.
- Every year involved in 5 professional development days. These are prior approved by A.D. No more than 3 days working in same camp. At least 1 day should be devoted to upgrading athletic training or first aid related skills.
- The coach will be responsible for being the mentor for other coaches approved by the athletic director.
NON-ATHLETIC
* LEVEL I - Approved by Principal
* LEVEL II - A minimum 3 yrs. completed experience in that activity or another related activity approved by the building principal.
- Every year involved in 5 professional development days. These are prior approved by the principal.
- The advisor will mentor, approved by the building Principal.
* LEVEL II coaches and advisors will receive 20% pay above the base.
* Outside credit for leveling will be determined by the AD with approval from the principal.
* Must be completed yearly.
Reference Appendix A
ARTICLE XII
Teacher Resignations
A. A teacher must submit at least a sixty (60) day notice of resignation at all times except during the months of July, August, and September when a resignation requires a ninety (90) day notice. Any teacher who fails to comply with the aforementioned notice requirement shall be liable for liquidated damage of five (5) percent of any salary received up to the effective date of the cessation of employment. Liquidated damages shall be deducted from the last payroll check or if not sufficient to cover the damage, the balance shall be due within thirty (30) days of termination. The payment of damages may be waived by the Board in exceptional circumstances.
ARTICLE XIII
Teacher Retirement
A. Any teacher who has taught in the district for fifteen (15) or more years will be paid up to thirty (30) days of unused sick leave at time of retirement. The rate of pay will be based on their regular teaching daily rate of pay computed on one hundred eighty-two (182) days. Teachers who intend to retire at the end of the school year will need to notify the Superintendent in writing prior to December 15 of the school year in which they intend to retire. Said letter shall bear the current date and shall also state that the retirement will become effective at the end of the then current school year. Retirement payments under this Article will not be paid prior to July 1st of each year.
B. Should a teacher retire, for any reason, after being reassigned during the period between December 15 and the start of the following school year, they will be entitled to the thirty (30) days of unused sick leave.
C. Should a teacher retire during the period between December 15 and the start of the following school year due to extenuating circumstances, the thirty (30) days of unused sick leave may be granted at the discretion of the superintendent.
ARTICLE XIV
Teacher Employment
The length of the work year shall not exceed five (5) days beyond the length of the student year. Should a teacher be assigned by the Board to work in excess of 182 days, he/she shall be compensated at his/her per diem rate of pay for the additional days.
1. Teachers who are requested to work beyond (182) days shall be paid at a per diem rate
of $145.00.
2. Parent-Teacher conferences are a professional responsibility of teachers beyond the regular school day or the established school year. The SAD #4 Board of Directors or its designees, may establish scheduled parent teacher conferences immediately after the regular school day or in the evening.
1. For purposes of determining per diem pay, a regular teacher work day is defined as seven (7) hours.
2. Each teacher shall have a period of time during the day in which to eat lunch.
1. Intact Committee System Support Team Chairman will receive $2,000 per year.
2. Each member of the Intact Group (System Support Team) will receive $200.00 per year.
3. New Teacher Induction Leader will receive $550.00 per year.
4. Each teacher mentor will receive $100.00 per year (maximum of 15 members per school year).
ARTICLE XV
A. Fifteen (15) days of sick leave shall be established for each full time teacher as of the first official day of each school year. These fifteen (15) days shall be used prior to charging days against accumulated days. Unused sick leave days, including accumulated personal days available for sick leave, shall be accumulated from year to year to a maximum limit of 167 days. The Board shall have the prerogative of requesting a doctor’s certificate corroborating the use of the sick days. Effective September 1, 1999, teachers who have accumulated sick leave including accumulated personal days for sick leave purposes in excess of 167 days shall maintain those accumulated days available for sick leave.
B. The Board shall provide a written statement for each teacher at the beginning of each school year indicating the total of sick leave credit.
C. Sick leave shall not be permitted for elective surgery and associated recuperation time (i.e., surgery performed on a date selected by the teacher), if, in the attending physician’s opinion, the surgery and recuperation time could be scheduled during a time when schools are not in session without being detrimental to the health of the teacher.
D. Sick days shall not be permitted for dental work cases other than emergency.
E. Up to five (5) sick leave days per year may be used in the event of serious illness or accident in the immediate family requiring the presence of the teacher.
ARTICLE XVI
Temporary Leaves of Absence
A. Teachers shall be entitled, subject to approval by the Superintendent, to the following temporary non-accumulative leaves of absence with full pay each school year.
1. Personal Leave
Up to three (3) days personal leave will be granted for non-recreational purposes that cannot be conducted outside of school time, only with prior approval of the Superintendent or his designee. These days cannot occur on the last working day prior to a holiday or vacation or on the first working day following a holiday or vacation, nor shall these days be used for job interviews. Personal day(s) of leave may follow bereavement leave but only after bereavement days of leave have been depleted. Any unused personal days will be accumulated as sick leave. No more than thirty (30) days can be accumulated, from a combination of sick days and personal days, toward retirement as referenced under Article XIII. If an employee does not use any personal days and is at the maximum of 167 sick leave days, at the end of the school year, the employee will be paid $50.00 per day for the three personal days (total of $150.00).
2. Other Leave
Other days may be granted for non-recreational use. If an employee should have an emergency or other unique situation even on a day prior to or immediately following a vacation day(s) or a holiday, this day will be deducted from an employee’s personal leave. The necessity for the day will be clearly demonstrated by the employee. The employee must notify the administration at the earliest time possible. This leave would be approved on a case by case basis by the superintendent and will not be subject to the grievance process.
3. Bereavement Leave
Up to four (4) days shall be granted in each instance by the Superintendent or his designee for death in immediate family. Definition: Immediate family of teacher or spouse includes; father, mother, husband, wife, brother, sister, children, grandparents and grandchildren or a more distant relative who has served in the place of a natural parent. The Superintendent may, at his/her discretion, grant bereavement leave for other close relationships.
B. Jury Duty
Teachers selected for jury duty will be paid their regular contracted per day salary for those days while sitting on jury duty. The jury duty stipend paid by the courts shall be returned to the District. It is the teachers’ duty to have an official of the court certify the number of days of jury duty served and the compensation earned per day less travel and any other compensation.
C. Sabbatical Leave
1. Teachers who will have completed seven (7) years of consecutive teaching service in M.S.A.D. #4 shall be eligible to apply for a sabbatical leave. Sabbatical leaves will only be granted to teachers to pursue a further course of study or to travel so as to be better qualified by education and culture for the position they hold. The sabbatical shall not exceed one (1) full year at one-half (1/2) salary.
2. Applications for sabbatical leave shall be submitted no later than January 1 or at least six (6) months prior to the proposed effective date of the sabbatical. In extenuating circumstances, this provision may be waived. Teachers shall be notified of approval or disapproval of sabbatical leave applications by the Superintendent no later than four (4) months prior to the proposed effective date of the sabbatical.
3. Teachers who receive a sabbatical leave shall enter into a written agreement with the Board specifying:
a. The purpose of the sabbatical;
b. The teacher’s obligation to return for a minimum of two (2) years, and
c. Failure to comply with the terms of the sabbatical will result in forfeiture of any pay for the leave and termination of the leave.
4. The decision of the Board to grant or not grant a sabbatical leave shall be final and shall not be subject to the grievance procedure.
5. The teacher may be required to make either a verbal or written report to the Board outlining the educational benefit of the leave to the school system.
ARTICLE XVII
Extended Leaves of Absence
A. Workers Compensation:
The Board will provide workers compensation coverage for all employees as required by the Workers Compensation Act. It is the Board’s policy that an employee must notify their immediate supervisor within forty-eight (48) hours of knowledge of a work-related injury or condition by completing an Employee’s Report of Injury form. An employee becomes eligible for workers compensation wage benefits following a compensable injury on the eighth day of loss time from work. Prior to reaching the eighth day, the employee may elect to receive available sick leave benefits. If the incapacity extends beyond fourteen (14) days, workers compensation benefits become retroactive to the first day of incapacity. If such a condition occurs, an employee will reimburse the district for monies received from sick leave up to the amount received from workers compensation loss time benefits. The employee’s sick leave will be restored on a pro-rated basis. Thereafter, the employee will be eligible for the workers compensation loss time benefits only.
B. The Board shall grant all certified teachers covered hereunder, leave of absence without forfeiture of continuing contract status and other accumulated benefits to fulfill the duties of a state legislator, provided that written notice of intent to become a candidate for Legislature is given at the time teacher contracts are issued.
C. Upon return from military leave granted, a teacher shall be considered as if he were actively employed by the Board during the leave and shall be placed on the salary schedule at a level he would have achieved if he had not been absent, provided, however, that time spent on said leave shall not count towards the fulfillment of the time requirements for acquiring continuing contract status.
D. All benefits to which a teacher was entitled, at the time of military leave of absence commenced, including unused accumulated sick leave and credits toward sabbatical eligibility, shall be restored to him/her on his/her return.
E. Other leaves of absence with or without pay may be granted by the Board.
ARTICLE XVIII
Dues - Deductions from Salary
The Board shall deduct from teacher’s salaries membership dues as indicated below as teachers individually and voluntarily authorize the Board to deduct and to transmit the monies to such Associations.
The Association shall certify to the Board, in writing each year, the current rate of such membership dues. In the event any Association changes the rate of its membership dues, the local Association shall give the Board and its membership thirty (30) days written notice prior to the effective date of such change.
The Association shall indemnify and hold the Board completely harmless against any and all claims, demands, suits or liability of any nature whatsoever that may arise out of or by reason of actions taken or not taken by the District as a result of the dues deductions provisions of Article XVIII.
Salary Deductions Authorization
The teacher may authorize the Board of S.A.D. #4,
The teacher waives all claims and rights for said monies so deducted and transmitted in accordance with this authorization, and relieves the Board and the District and all their officers from liability thereof. The Board will discontinue such deductions only if the teacher gives the Board and the Association fourteen (14) days advance notice in writing.
Computer Purchases - Salary Deductions
Computer Purchases
It is the intent of the Board of Directors to allow teachers to purchase computers through payroll deductions based on procedures developed through policy.
Automatic Direct Deposit
Automatic direct deposits of paychecks to financial institutions as agreed to by SAD #4, shall be deposited on the same day regular paychecks are issued.
ARTICLE XIX
School Calendar
A. The Board or its designee, will consult with the Association President in preparation of the annual school calendar, but it is acknowledged that the final decision in this regard must rest with the Board, subject to the provisions set forth by the laws of the State of
B. The Board, or its designee, will consult with the Association President concerning the planning of in-service workshops.
ARTICLE XX
Teacher Assignment
A. 1. All teachers shall be given written notice of their salary schedule and tentative
class and/or subject assignments for the forthcoming year, no later than May 14th.
2. The Superintendent shall assign all newly-appointed teachers to their specific positions within that subject area as soon as practicable.
B. In order to assure that the pupils are taught by teachers working within their area of competence, teachers shall not normally be assigned outside the scope of their teaching certificates and/or their major or minor fields of study.
C. Teachers who are assigned to more than one (1) school per day shall be reimbursed for all such travel at the current IRS rate.
D. Teachers who receive prior approval from the Superintendent or his designee, shall be reimbursed for approved travel at the current IRS rate.
ARTICLE XXI
Voluntary Transfers and Reassignments
The Board retains the ultimate right to select, assign and transfer teachers as the need of the district dictates.
When vacancies are known to occur, the Superintendent shall publish and distribute to all teachers a list of the known vacancies as soon as possible.
Teachers who desire a change in grade and/or subject assignment or who desire to transfer to another building, shall file a written notice of such request with the Superintendent. Such notice shall include the grade and/or subject to which the teacher desires to be transferred, together with the reasons such a change is requested.
ARTICLE XXII
Students and Property
A. Teachers shall not be required to work under unsafe or hazardous conditions or to perform tasks which endanger their health, safety, or physical well-being.
B. The Board shall give full support to the teacher for assault upon the teacher when acting in accordance with Board directives and instructions relating to such matters.
C. 1. The teacher shall immediately submit in writing to his/her principal, cases of assault or threatening behavior in connection with his/her employment.
2. The principal shall immediately notify the Superintendent of Schools.
3. The Principal shall comply with a request from the teacher for information relating to the incident in so far as is practicable with regard to student’s rights to privacy.
4. The Principal will notify the teacher in writing of the decision made or action taken.
Miscellaneous Provisions
A. If any provision of the Agreement or any application of this Agreement, to any teacher or group of teachers, is held to be contrary to law, then such provision or application shall not be deemed valid or subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
B. Any individual contract between the Board and an individual teacher shall be subject to and consistent with the terms and conditions of the Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling.
C. Copies of this Agreement shall be printed at the expense of the Board within thirty (30) days after the Agreement is signed and presented to all teachers now employed or hereafter employed.
D. Whenever any notice is required to be given by either of the parties to this Agreement to the other, pursuant to the provision (s) of this Agreement:
1. If by Association to the Board, in care of the Superintendent.
2. If by Board to Association, in care of the President.
ARTICLE XXIV
Strikes
A. The Association agrees that during the term of this Agreement, or any renewal or extension thereof, neither it nor any of its agents will engage in, incite, or participate, either directly or indirectly, in any strike, sit down, stay in, slow down, work stoppage, withholding of service, concerted unauthorized absences, sanctions, or any other interference, with assigned or expected work.
B. The Association further agrees that should any strike, sit down, stay in, slow down, work stoppage, withholding of services or any other interference occur, (regardless of the lack of the Association connection with the activity) it shall be put forward every effort to immediately have the activity terminated.
ARTICLE XXV
Personnel File
Review Content of Personnel File:
A teacher shall have the right, upon request, to review the contents of his personnel file. Teachers shall have the right to indicate those documents and/or materials in the file which they believe to be obsolete or inappropriate to retain. Said documents, shall be reviewed by the Superintendent or his designee and if, in fact, in the sole judgment of the Superintendent of Schools they are obsolete or otherwise inappropriate to retain, they shall be returned to the teacher. This decision is not subject to the grievance procedure. Prior to any new material being added to a teacher personnel file, the teacher will receive a copy of the material. Any material removed from the teacher file will be returned to the teacher.
ARTICLE XXVI
Personal and Academic Freedom
A. Teachers shall be entitled to full rights of citizenship, and no religious or political activities of any teacher, or the lack thereof, shall be grounds for any discipline or discrimination with respect to the professional employment within the appropriate concern or attention of the Board unless it affects the teacher’s performance in the classroom.
B. Academic freedom shall be guaranteed to teachers, and no special limitations shall be placed upon study, investigation and the presenting and interpreting of facts and ideas (including personal opinions when identified as such) concerning man, society, the physical and biological world, and other branches of learning.
This should not be interpreted to limit the Board and Administration rights regarding curriculum development and the evaluation and improvement thereof. The K-12 Curriculum, latest revision, as adopted by the Board of Directors is the guide.
ARTICLE XXVII
Duration of Agreement
A. This Agreement shall be effective as of August 15, 2005 and shall continue in effect until August 14, 2008 subject to the Association’s right to negotiate over a successor Agreement as provided in Article II. This Agreement shall not be extended orally and it is expressly understood that it shall expire on the date indicated.
B. IN WITNESSETH WHEREOF the parties hereto have caused this Agreement to be signed by their respective presidents, attested by their respective secretaries, and their corporate seals to be placed hereon, all on the day and year first above written.
C. This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiations. During the term of the Agreement, neither party shall be required to negotiate with respect to any such matter whether or not covered by this Agreement and whether or not, within the knowledge or contemplation of either or both of the parties at the time they negotiated or executed this Agreement.
School Administrative District No. 4 Education Association:
By_________________________________ By______________________________
Association President Association Secretary
School Administrative District No. 4 Board of Directors:
By_________________________________
Board of Director’s Chairperson
Dated this 14th day of June, 2005.
APPENDIX A - 2005-2008
ATHLETIC – PCHS
Formula for Determining Extra-Curricular Pay:
66% Factors X Extra-Curricular Base of $22,850 = Extra Curricular Pay:
Base Pay Plus 20% for Level II
Experience Factor Added in after Leveling
SPORT FACTOR BASE PAY
V. Basketball (Boys) 18 $2,714.58
V. Basketball (Girls) 18 2,714.58
Cross Country 10 1,508.10
Golf 7 1,055.67
V. Soccer (Boys) 13 1,960.53
V. Soccer (Girls) 13 1,960.53
V. Field Hockey 13 1,960.53
JV Soccer (Boys) 8 1,206.48
JV Field Hockey 8 1,206.48
JV Basketball 12 1,809.72
V. Cheerleading 10 1,508.10
V. Track 12 1,809.72
Asst. Track 10 1,508.10
Baseball 13 1,960.53
Softball 13 1,960.53
Skiing 13 1,960.53
NON-ATHLETIC - PCHS
ACTIVITY FACTOR BASE PAY
Yearbook 14 $2,111.34
Senior Play 7 1,055.67
Jr. Prize Speaking 4 603.24
Musical/Drama 9 1,357.29
One Act Play 5 754.05
Band 10 1,508.10
Chorus 5 754.05
Lit Magazine 8 1,206.48
Student Council 5 754.05
National Honor Society 5 754.05
Key Club 5 754.05
Chess Club 4 603.24
Math Team 4 603.24
APPENDIX A –2005-2008 (continued)
ATHLETIC – PCMS
Formula for Determining Extra-Curricular Pay:
66% Factors X Extra-Curricular Base of $22,850 = Extra Curricular Pay:
Base Pay Plus 20% for Level II
Experience Factor Added in after Leveling
SPORT FACTOR BASE PAY
A. Basketball (Boys) 10 $1,508.10
A. Basketball (Girls) 10 1,508.10
B. Basketball (Boys) 8 1,206.48
B. Basketball (Girls) 8 1,206.48
Soccer (Boys A) 9 1,357.29
Boy’s Club Soccer 7 1,055.67
Girl’s Club Soccer 7 1,055.67
Field Hockey (A) 9 1,357.29
Field Hockey (B) 7 1,055.67
Cheerleading 8 1,206.48
Baseball 9 1,357.29
Softball 9 1,357.29
Track 9 1,357.29
Assistant Track 7 1,055.67
NON-ATHLETIC
Chorus 4 $603.24
Band 4 603.24
Drama 4 603.24
Intramurals (3) 4 603.24
Special Projects 500.00