Christina School District Agreement 2022-2025 PDF

AGREEMENT Between the CHRISTINA SCHOOL DISTRICT BOARD OF EDUCATION And the CHRISTINA EDUCATION ASSOCIATION, INC. July 1, 2022 to June 30, 2025  TABLE OF CONTENTS...

AGREEMENT Between the CHRISTINA SCHOOL DISTRICT BOARD OF EDUCATION And the CHRISTINA EDUCATION ASSOCIATION, INC. July 1, 2022 to June 30, 2025  TABLE OF CONTENTS PAGE Preamble, Witnesseth.................................................................................................................................................... 3 ARTICLE: 1 Recognition........................................................................................................................................... 3 2 Negotiation of Agreements................................................................................................................... 4 3 Grievance Procedure............................................................................................................................. 4 4 Employee Rights...................................................................................................................................9 5 Employee - Administration Liaison...................................................................................................13 6 Shared Decision Making/Restructuring............................................................................................. 14 7 No Strike-No Lockout Provision........................................................................................................ 15 8 Maintenance of Classroom Control and Discipline........................................................................... 16 9 Personal and Academic Freedom....................................................................................................... 17 10 Protection of Employees, Pupils and Property................................................................................... 17 11 Rights of the Parties............................................................................................................................19 12 Employment.........................................................................................................................................22 13 Employee Work Year.......................................................................................................................... 23 14 Transfers..............................................................................................................................................23 15 Employee Appraisal............................................................................................................................27 16 Seniority, Layoff and Recall...............................................................................................................29 17 Personnel Records................................................................................................................................ 32 18 Leaves of Absence.............................................................................................................................. 34 19 Time Requirements.............................................................................................................................36 20 Facilities and Supplies......................................................................................................................... 40 21 Salary Deductions............................................................................................................................... 41 22 Professional Development and Educational Improvement.............................................................. 42 23 Innovative Practices........................................................................................................................... 44 24 Technology......................................................................................................................................... 44 25 Salaries and Employee Benefits........................................................................................................ 45 26 Extra Pay for Extra Responsibility (EPER)....................................................................................... 47 27 Class Size............................................................................................................................................ 50 28 Special Education................................................................................................................................ 51 29 School Closings, Openings, Movement of Groups of Students....................................................... 52 30 Resident Advisors............................................................................................................................... 53 31 Contract Mandated Committees........................................................................................................ 54 32 Miscellaneous..................................................................................................................................... 56 33 Duration of Agreement....................................................................................................................... 58 APPENDICES: A Local Salary Schedule……………………....................................................................................... 59 B Extra Pay for Extra Responsibility………………............................................................................ 62 C Grievance Form.................................................................................................................................. 65 D Use of Force........................................................................................................................................ 67 E Leaves of Absence.............................................................................................................................. 69 F Development of Instructional Materials............................................................................................ 72 G Discipline Powers and Responsibility of Superintendents, State Code............................................ 75 H Philosophy of Shared Decision Making/Restructuring..................................................................... 76 I Planning Time Options...................................................................................................................... 77 J Special Education............................................................................................................................... 78 CONTRACT INDEX…….….……………………………………………………………………………….…………79 2  PREAMBLE This Agreement is entered into this first day of July 2022 between the Board of Education of the Christina School District, hereinafter called "the Board", and the Christina Education Association, Inc., hereinafter called "the Association." WITNESSETH: WHEREAS, the Board has an obligation, pursuant to and consistent with Chapter 40, Title 14, Delaware Code, to negotiate with the Association as the representative of employees hereinafter designated, and WHEREAS, the parties have reached certain understandings, which they desire to confirm in this Agreement, be it RESOLVED, in consideration of the following mutual covenants, it is hereby agreed as follows. ARTICLE 1 RECOGNITION 1:1 The Board hereby recognizes the Association as the exclusive negotiating representative of the certificated non-administrative employees, not including supervisory, staff personnel, or substitutes of the District, and other non-certified non-administrative employees in all matters specified in Chapter 40, Title 14, Delaware Code unless another provision of the Delaware Code supersedes this section. Those recognized as non-administrative professionals under Section 1305 Chapter 14 of Delaware Code. 1:2 DEFINITION 1:2.1 The "Board" as used in this Agreement shall mean the Christina Board of Education. 1:2.2 An "employee" or "teacher" as used in this Agreement shall mean any certificated non- administrative employee employed by the School District not including supervisory, staff personnel, or substitutes; and reference to employees or teachers shall be deemed to include both the male and female. 1:2.3 The "Association" as used in this Agreement shall mean the Christina Education Association, Inc. 1:2.4 The "District" as used in this Agreement shall mean the Christina School District. 1:2.5 School Work "Days" as used in this Agreement shall mean those days on which employees are scheduled to report for work according to the official District calendar. 3  ARTICLE 2 NEGOTIATION OF AGREEMENTS 2:1 This Agreement shall be for a period as specified in the Duration Article, and negotiations concerned with the terms of this Agreement shall not be reopened during that time. 2:1.1 The parties agree to reopen the contract during the term of this agreement if changes occur in State or Federal laws or regulations that alter teacher wages, responsibilities or working conditions. (i.e., Delaware Performance Appraisal System II, Every Student Succeeds Act - ESSA). In addition, the only articles that would be discussed would be Article 15, Article 19 and Article 25. 2:2 Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party. 2:3 The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals, and make counter-proposals in the course of negotiations; however, the Board negotiating team shall not have the authority to bind the Board and all agreements shall be subject to final approval of the Board of Education. 2:4 This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation. 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. 2:5 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. 2:6 The parties agree to enter into negotiations over a successor Agreement pursuant to and consistent with Chapter 40, Title 14, Delaware Code. Such negotiations shall begin no later than six months prior to the expiration of the Agreement. 2:7 Any agreement so negotiated shall be reduced to writing, submitted for ratification by the Association and approval by the Board, and be signed by the President of the Association, the Chairperson of the Professional Negotiations Committee of the Association, the President of the Board, and the Executive Secretary of the Board. 4  ARTICLE 3 GRIEVANCE PROCEDURES 3:1 DEFINITION 3:1.1 A grievance shall be defined as a written claim by an employee that the terms of this Agreement have been violated, misinterpreted, or misapplied resulting in the abridgement of rights granted to the employees by this Agreement. 3:1.2 A grievance may also be defined as a written claim by the Association that the terms of this Agreement have been violated, misinterpreted, or misapplied resulting in the abridgement of rights granted to the Association by this Agreement. 3:1.3 A grievant is the person, persons, or Association who files a grievance as provided for under this Agreement. 3:1.4 A class action grievance is a grievance filed by the Association, which asserts an effect on a group or class of employees. 3:1.5 Days as used in this Article refer to employee workdays. When a grievance is submitted between May 1 and the first teaching day, days shall refer to business days. 3:2 Purpose - The purpose of this procedure is to provide an alternative to existing means of resolving concerns over matters specified in this Agreement, which affect employees of the District. Both parties agree that these proceedings, if utilized, will be kept confidential except that the Board shall provide the Association with copies of all grievances and written decisions at each level. 3:3.1 No grievance may be changed after its formal presentation. However, the grievance may be amended with respect to cited contract items following the decisions rendered at Level 1 of the grievance procedure and shall be considered timely filed if resubmitted at Level 1 within ten days of the initial response. 3:3.2 All grievances should be processed as rapidly as possible; the number of days indicated at each level will be considered a maximum and every effort will be made at each level to expedite the process. The time limit specified may, however, be extended by mutual written agreement. 3:3.3 Failure at any level of this procedure to communicate the decision on a grievance within the specified time limits shall constitute authority for the grievant to proceed to the next level. Failure at any level of this procedure to appeal a grievance to the next level within the specified time limits shall be deemed to be acceptance of the decision rendered at that level. 3:3.4 If a grievance is a class action grievance or concerns rights of the Association, the grievance shall commence at a level appropriate to the occasion giving rise to the grievance. 3:4 LINE OF GRIEVANCE 5 3:4.1 The line of grievance which an employee will follow in processing a written grievance is: (a) Building principal, immediate supervisor, or district personnel making decision (b) Superintendent or designee (c) Arbitrator 3:5 SPECIFIC PROCEDURE 3:5.1 The grievant is encouraged to meet with the principal or his/her immediate supervisor or applicable District Office personnel with the objective of resolving the matter informally. 3:5.2 Level I - The grievant will set forth his/her grievance in writing as provided in Section 3:4 within fifteen days from the date the employee became aware he/she was aggrieved. Within ten days of receipt of the written grievance the principal, immediate supervisor or district office personnel shall hold a hearing. A decision in writing delineating the reason for the decision will be rendered to the grievant within five days of the hearing. (Appendix C) 3:5.3 Level II - If the grievant is not satisfied with the disposition of the grievance at Level I, he/she may, within ten days after being notified that the decision has been rendered, appeal the decision to the Superintendent or designee. The basis for the employee's continued dissatisfaction shall be delineated. The Superintendent or designee shall hold an informal grievance hearing within ten days after receiving the grievance. The Superintendent or designee shall communicate the decision in writing to the grievant within five days after the date of the hearing. 3:5.4 Level III - Submission to Arbitration- The decision of the Superintendent or his designee shall finally determine the matter unless the Association, within ten days of the Superintendent's decision, advises the Superintendent of its desire to proceed to arbitration. The Association shall submit a demand for arbitration to the Public Employment Relations Board. The request shall state in reasonable detail the nature of the dispute and the remedy requested. The parties shall then be bound by the regulations of the Public Employment Relations Board in the selection of an arbitrator. The Association shall represent the grievant at the arbitration level 3:6 REDIRECTING PRINCIPLES 3:6.1 No claim by an employee or the Association shall constitute an arbitrable matter or be processed through arbitration if it pertains to: (a) A matter where a specific method of remedy or appeal is prescribed by law (e.g., the Fair Dismissal Act) and/or by this Agreement. (b) Any rule or regulation of the State Department of Education. (c) Any matter which according to law is either beyond the scope of Board authority or which is illegal for the Board to delegate. (d) Dismissal or discharge of an employee or non-renewal of an employee's contract. 6  (e) Administrative decisions relating to the involuntary transfer or unassignment of an employee when it is necessary to satisfy requirements of law, court order, or affirmative action programs or being the least senior in a building. (f) Safety issues as specified in Section 10:1. Items (a) through (f) above, although not arbitrable, shall be appealable through the grievance procedure to the Board within fifteen (15) days of the Superintendent's decision which shall, at its option, hold a hearing concerning the matter or determine the matter on the basis of the written records. The Board shall render its decision within thirty (30) days of the date of the filing of the appeal to the Board. 3:7 ARBITRABILITY 3:7.1 If the Superintendent or designee disagrees as to the arbitrability of the dispute; he/she may request a conference to discuss the issue of arbitrability and to seek to resolve the differences between the parties. 3:7.2 If the disagreement over arbitrability persists, the arbitrator appointed under the procedures set forth herein shall rule upon the question of arbitrability prior to hearing the merits of the dispute in question. The same arbitrator shall schedule a second meeting to hear the dispute on its merits if the dispute is judged to be arbitrable. 3:8 PROCEDURE 3:8.1 The Public Employment Relations Board shall administer arbitrations pursuant to regulations adopted by the Public Employment Relations Board. The arbitrator's decision shall be binding upon the parties pursuant to 14 DE Code § 4013 except for items on voluntary transfers, involuntary transfers, and unassignments for "programmatic reasons" and evaluations where the arbitrator's decision should be advisory. 3:8.2 The arbitrator, in the written opinion, shall not amend, modify, nullify, ignore, or add to the provisions of the Agreement. The opinion must be based solely and only upon his/her interpretation of the meaning or application of the express relevant language of the Agreement. 3:9 COST OF ARBITRATION 3:9.1 The costs for the services of the arbitrator in determining whether a dispute is arbitrable, including per diem expenses, if any, and actual and necessary travel and subsistence expenses shall be borne by the losing party. The costs for the services of the Arbitrator incurred in deciding the merits of a dispute, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring 7  same. 3:10 MISCELLANEOUS 3:10.1 Commencing with Level I of the Grievance Procedure the grievant may be accompanied by a representative of his/her own choosing. 3:10.2 If the grievant does not choose to be accompanied and represented by an Association grievance representative the Association shall have the right to be present and to state its views at all levels of the grievance procedure. This shall not apply when the grievance involves matters of personal, embarrassing, and confidential nature and the grievant specifically requests, in writing, that the Association representative not be present. 3:10.3 If the employee elects to be represented, he/she must still be present at any level of the grievance procedure where his/her grievance is to be discussed except that he/she need not be present where it is mutually agreed that no facts are in dispute, and when the sole question is the interpretation of this Agreement. 3:10.4 Where grievance proceedings are mutually scheduled by the parties during school time, persons proper to be present shall suffer no loss of pay. In the event that a dispute arises as to whether it is proper that a person be present at the grievance such dispute shall be subject to resolution through the grievance procedure. 3:10.5 No documents, communications, and records which are developed in connection with the processing of a grievance shall be filed in the District's file pertaining to the employee. 3:10.6 It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the District until such grievance and any effect thereof shall have been fully determined. 3:10.7 A form for filing grievances shall be prepared jointly by the Association and the Administration, reproduced by the Administration and distributed to the Association so as to facilitate operation of the grievance procedure. Such form shall be attached as Appendix C of this Agreement. The appropriate form shall be used for filing a grievance at each level of the procedure. Grievances may be faxed to the appropriate administrator who will respond by fax his/her receipt of the grievance. 3:10.8 Hearings at any level of the grievance procedure may be waived by mutual agreement of the parties. 3:10.9 Level I grievance decisions accepted by individual employees which appear in conflict with this Agreement may be grieved by the Association beginning with Level IL 3:10.10 If a grievance is granted at Level I and the problem continues to occur, the Association may file a class action grievance at Level II provided that the actions fall within the same school 8  year and under the same administrator who responded at Level I. 9  ARTICLE 4 EMPLOYEE RIGHTS 4:1 Pursuant to Chapter 40, Title 14, Delaware Code, the Board hereby agrees that employees have the right to join an organization for engaging in collective bargaining. 4:2 The parties shall not discriminate against, interfere with, restrain, nor coerce employees in the right to organize or to join or participate in lawful Association activities or to refrain from so doing. Nothing contained herein shall be construed to deny or restrict to any employee such rights as may be held under Delaware School laws or other applicable laws and regulations. 4:3.1 An employee who is required to appear before the Board or an agent thereof for disciplinary reasons (written reprimand, suspension, termination) shall be given prior written notice. The letter will contain the date(s) of the incident(s) and specific reason(s), such as "Professional Responsibilities related to __________ and to the incident(s) of ___________". Any topic not included in the letter will not be covered at said meeting unless agreed to by the employee. If not agreed, it will be discussed at a later date after proper notice has been given. The parties agree that 48 hour meetings will not be scheduled the day before a holiday. An employee required to appear in this instance shall be entitled to have an Association Representative present during such meeting and any follow-up meeting that is held. With prior notice, an additional Association member may attend the meeting for training purposes or due to his/her area of expertise. The parties agree that 48-hour meetings may be postponed 24 hours in order for the employee to secure representation. 4:3.2 When an employee is requested to meet with an administrator and he/she at any time reasonably believes the meeting may result in disciplinary action, the employee may have an Association representative present. Such representative must be available within a reasonable amount of time. 4:3.3 Sections 4:3.1 and 4:3.2 do not preclude informal discussion with an employee by a member of the administrative staff pertaining to the employee's performance at his/her work location. 4:4 No employee shall be disciplined, reprimanded orally or in writing, or reduced in pay except for just cause. Any such action will be conducted in private. 4:5 Suspension of an employee pending the disposition of charges by the Board of Education shall be with full pay and benefits unless the employee is arrested for a felony offense which constitutes grounds for termination. If an employee is arrested for a misdemeanor offense related to their ability to work with children, the employee may be suspended without pay. If the said employee is exonerated, back wages will be reimbursed. Where an employee is suspended for disciplinary reasons and that suspension is not revoked through the grievance procedure, an amount of pay equal to the number of days of said suspension shall be deducted from said employee's pay. If the number of remaining pay periods permit, no more than one day's pay in any one pay period shall be deducted from the employee's pay. If an employee leaves employment of the District before the completion of the grievance procedure, if used, the employee's pay will be deducted in the last paycheck of the employee. If suspension is subsequently revoked the District shall return any monies to the employee. 4:5.1 When an employee has been placed on administrative leave for a period of more than two (2) months, 10  and is scheduled to return, the employee may request a re-entry meeting. The request shall include the identification of the re-entry issues the employee would like to address. The issues should be provided to the building/ program administrator and Human Resources 24 hours prior to the official meeting. The re-entry discussion shall occur after the 48 hour meeting topics are discussed and will not be disciplinary in nature. The meeting may include an Association Representative and a Human Resource Representative. 4:6 Teachers are required to keep a comprehensive gradebook, inclusive of all grades given to students that are used to calculate a marking period grade. Teachers shall have the responsibility for determining grades within the grading policy of the District. Comprehensive gradebooks shall be updated/made current at a minimum of every ten school days. Only the principal, with the approval of his/her immediate supervisor, or the school counselor with the approval of the principal, shall have the right to change a grade and shall (1) if an employee is available within a reasonable amount of time, consult with the teacher before making the change, (2) as soon as possible inform the teacher in writing of his/her right to file a disclaimer of responsibility for the grade, and (3) provide in writing a reason for the grade change, one copy to be given to the teacher. A statement will be included in the electronic file noting the administrator or counselor making the change and the date the change occurred. 4:6.1 Any school using computerized reporting with the exception of those requiring narrative reports shall have three (3) workdays to turn in grades to the building administrator. Teachers in schools not using computerized reporting and/or those requiring narrative reports shall have six (6) workdays from the close of the last day of the marking period to tum in grades to the building administrator, excluding the last marking period. Progress reports for IEPs while computerized, require a short narrative and will be held to the six (6) workday turnaround time. The last marking period grades will be due three (3) days from a date designated by the administration. Teachers will be informed of this designated date no later than May 1. Final grades for seniors in danger of failing the course are not subject to the three (3) day timeline. 4:6.2 One full day per marking period will be allocated for the purpose of reporting and grading with the other half dedicated to professional development. Such days shall be set by the District and will occur on in-service days between the first student day and the last teacher day in conjunction with the grade reporting window between marking periods. This will take effect for the 2017-2018 school year. 4:7 Students shall not be removed from, added to, or transferred to an employee's classroom without 24 hours notice. Notification can be in the form of an email to the teacher. Educational information concerning a student transfer shall be provided to the classroom teacher. Teachers will be provided educational and medical information on all students with special needs with whom they have contact as soon as it is available. As used in this paragraph, "medical information" means that data necessary for the teacher to accommodate or adequately respond to known medical or health conditions. 4:7.1 Teachers shall be given three (3) workdays (except in unusual circumstances) to provide transfer grades and information for students who are withdrawing from their classes. 4:8 PARENT CONFERENCES -Efforts should be made to schedule conferences at mutually 11  agreeable times and to provide at least 24 hours notification of the conference. 4:8.1 When the parent/guardian indicates a desire to attend a conference with a community/legal representative the building administrator shall be responsible for scheduling and attending such a conference. The employee shall have the right to bring an Association representative. 4:8.2 In the event that the parent/guardian is accompanied by a member of his/her immediate family then the employee shall not be entitled to representation. However, if at any time during the meeting the employee believes he/she needs a representative the principal shall terminate the conference until an Association representative may also be present. 4:8.3 In such cases when an Association representative attends with an employee, the Association representative must maintain the confidentiality of all material discussed at such meetings. 4:8.4 The building administrator shall terminate the conference if he/she feels the conduct or language directed at the employee becomes foul or abusive. If an administrator is not present during the conference a teacher may terminate the conference until an administrator is available. Also, if, after a verbal objection, abusive behavior continues the teacher may leave the conference. 4:9 INSTRUCTIONAL MATERIALS A copy of the District's policy concerning rights and responsibilities relating to development of instructional materials is placed at the end of this Agreement for the information of employees as Appendix G. Any recommendations for change in the policy will be submitted to the Superintendent by a teacher/administration committee. The committee will be made up of three (3) Association representative 4:10 DRESS CODE The parties recognize the positive effect a teacher can have on their students and on ensuring an environment conducive to learning and maintaining decorum in the classroom. All District employees are expected to adhere to a code of professional dress appropriate to a professional office or educational workplace setting as determined by building leadership. As a rule, business casual will be the expected professional role. An exception may be agreed to at individual buildings/programs safety reasons, specific spirit days and a professional development days which will be communicated by the building administrator o r s u p e r v i s o r via district email. We are in agreement to the following guidelines regarding to the manner of dress and grooming for all staff members whenever performing a professional role. 4:10.1 Staff should dress and groom in a manner which shows cleanliness, ensures safety, demonstrates respect for others and not likely to distract students or disrupt the educational process. 4:10.2 Clothing and jewelry shall be free of writing, pictures, or any other insignia which are crude, 12  vulgar, obscene, profane, sexually suggestive, advocate prejudice or violence against any group/individual, or advocate the use of drugs or alcohol. 4:10.3 If, in the judgment of an employee's immediate supervisor, an employee has physical hygiene issues or is not appropriately groomed or dressed for duty, then the immediate supervisor may direct the employee to leave District premises until he/she has resolved such issues and can report to work as expected. Any time away from duty is to be charged to the employee's appropriate paid or unpaid leave. 4:11 The balance of student load, number of preparations and duties shall be considered in student assignments. 4:12 An administrator shall not delegate his/her supervisory responsibilities to individuals within this bargaining unit. 4:13 REMOTE INSTRUCTION 4:13.1 Synchronous Learning will be defined as any education, instruction, and learning (including but not limited to televisual, digital, online learning, video conference, interactive webinar, and chat based discussion) in which students learn from teachers in time, but not in person. Asynchronous learning will be defined by the Christina School District as any instruction where a teacher is not delivering real time instruction in front of students (examples- district approved online curriculum resources such as Dreambox, I-Ready and Khan Academy, pre-recorded videos from quality sources, digital assignments based on curriculum needs in Schoology). Hybrid Instruction shall mean simultaneously instructing students who are in-person and those who are remote. 4:13.2 In the event of an unexpected building closure, the Christina School District will make every effort to inform affected staff and families by no later than 2pm on the day before the closure. On such a day, a combination of synchronous and asynchronous learning may be provided for all Christina students. 4:13.3 The district reserves the right to assign teachers to work from home. When necessary, teachers who teach VA students may be required to report to their physical building in order to fulfill their Professional Responsibilities (including but not limited to picking up supplies, administering state testing, attending professional development, etc.). It is understood that a teacher who opts to work in the physical building may have to share a classroom space. Teacher duties may be distributed equally to all staff with consideration given to whether they are working remotely or in-person. 4:13.4 If any teacher in the collective bargaining unit is required to teach in a Hybrid Teaching Model or separate in-person classes and virtual classes, they may work with their administrator to utilize Appendix I to gain additional plan time for the work required of hybrid learning. 4:13.5 Employees will not be required to record their lessons but will have the option to do so if they choose. If a student is absent, the teacher shall provide the student all appropriate options to make up their missed work. 4:13.6 Employees’ instruction will not be recorded without their prior knowledge and consent. In 13  addition, the employee’s recorded lessons will not be used for any reason including disciplinary actions against the employee without their prior knowledge and consent. The Building Administrator can retain copies of a recorded lesson for purposes of a grievance or a student disciplinary matter. Administrators should be present in any lesson being used as a formal observation. 14  ARTICLE 5 EMPLOYEE-ADMINISTRATION LIAISON 5:1 FACULTY LIAISON 5:1.1 The establishment and make-up of the Faculty Liaison is the responsibility of the Association. 5:1.2 The basic purpose of the Faculty Liaison is to establish and maintain positive relationships and communication among the faculty and the administration. The Faculty Liaison will be able to:  provide a vehicle for reviewing and discussing school problems and practices including the building budget;  provide a vehicle for bringing group issues of concern to teachers before the school administration in an orderly and productive manner; should a school have only one staff member in a seniority classification, and that employee has not received resolution on a concern, the individual's issue may be included on the liaison topics.  provide a vehicle which teachers can use without bringing attention to themselves as individuals;  provide a vehicle for quickly stopping the spread of rumors and misinformation;  provide an opportunity for both teachers and administrators to maintain a clear understanding of each other's needs;  provide a vehicle by which a faculty can feel assured that their Association interests and perspectives are shared;  provide a process for developing and maintaining positive and more efficiently run schools where teaching and learning have an improved opportunity to prosper. 5:1.3 In the spirit of collaboration the Administration of each school shall meet with the Faculty Liaison at least monthly at a mutually agreeable time for discussion of areas of concern and problem solving. Agenda items shall be exchanged at least twenty-four (24) hours in advance. The Administration and Faculty Liaison shall jointly prepare Minutes, and Minutes shall be made available to teachers in the building as well as sent to the Association President/or designee and the Superintendent's designee. 5:1.4 The District and the Association will jointly develop and keep current a faculty/administration training program for the operation of the Faculty Liaison Committee. This training will be made available via webinar on a State platform. FLC team members will participate in the webinar annually. Human Resources will provide a list of teachers and administrators who have completed the training by the last Friday in October. Information on individuals who complete the training after October will be communicated as completion is confirmed. 15 5:2 DISTRICT LIAISON 5:2.1 The Association president and individual(s) of his/her choice shall meet with the Superintendent or designee and an individual of his/her choice on a monthly basis in order to discuss the administration of this agreement and other concerns which affect employees. Meetings will be held at a mutually agreeable time and, if necessary, release time will be provided. 5:2.2 The Association shall submit a tentative agenda to the Superintendent or designee at least 24 hours in advance of the meeting. 5:3 The Liaison Committee(s) shall not consider matters which are more properly subjects for the grievance procedure as outlined in the Grievance Article. 5:3.1 The District Liaison Committee will not discuss items that are specific to one school, that have not been discussed by the Faculty Liaison Committee at said school. 5:4 BOARD LIAISON 5:4.1 In order to maintain communication and the collaborative process between the Association and the Board, the Board and the Association Executive Board will meet twice a year on a mutually agreeable date, time, and place for at least one hour to discuss a mutually agreed upon agenda. 5:5 INSTRUCTIONAL LIAISON 5:5.1 Representatives of the Association and representatives of the Instructional Department shall meet at least twice during the year, at mutually agreeable times, to discuss instructional issues/practices. ARTICLE 6 SHARED DECISION MAKING/RESTRUCTURING 6:1 The Association and the Board Agree that shared decision making is the process of remodeling our educational system to meet the needs of all students in order to maximize individual student achievement. 6:2 The Association and the Board agree on the Philosophy of Shared Decision Making/Restructuring. (Appendix I). 6:3 The Association and the Board agree that the following procedures are important to the implementation of shared decision making in the Christina School District. (a) Each building shall establish a democratic procedure for selection of Site Council members. At least one representative selected by members of the Association at the site shall be a member of said Council. (b) Selection procedures shall be communicated to all staff members and parents and filed at the Administration Building and the Association. This 16  procedure shall be in place and filed by October 31. (c) All activities of the Site Council shall be posted or distributed in writing by the recorder for the Site Council by the end of each month. (d) Every attempt shall be made to include the Site Council reports in parent and staff newsletters. The reports should include a short summary of activities, any action taken, meeting date, future agenda items, and expenditures of funds of the Site Council. This information should also be shared in general faculty meetings and sent to PTA and CAC officers to be shared at parent meetings. (e) All processes of the Site Councils are subject to the negotiated agreements, policies of the Christina Board of Education, State Board of Education, and laws of the State of Delaware. (f) An agreed upon procedure for reaching a decision in which everyone has input should be defined by each building. The procedure for the building should be readily communicated and followed in adopting or implementing all restructuring programs. (g) The Association will have representation on any District committee dealing with Shared Decision Making/Restructuring. 17  ARTICLE 7 NO STRIKE - NO LOCKOUT PROVISION 7:1 Both parties recognize the desirability of continuous and uninterrupted operation of the instructional program during the normal school year and the avoidance of disputes which threaten to interfere with such operation. Since the parties have established a comprehensive problem solving procedure under which unresolved disputes may be settled the parties have removed the basic cause of work interruptions during the period of this Agreement. 7:2 The Association agrees that during the period of this Agreement it will not, nor will any person acting in its behalf, overtly cause, authorize, or support a strike or any other concerted disruption of normal school district activities as a result of disputes over interpretation of this Agreement or any other matter over which the Board has jurisdiction. 7:3 The District agrees that during the term of this Agreement it will not, nor will any person acting on its behalf, overtly cause, authorize, or support an offensive lockout of any employee covered by this Agreement as a result of a labor dispute between the District and the employees covered by this Agreement. 18  ARTICLE 8 MAINTENANCE OF CLASSROOM CONTROL AND DISCIPLINE 8:1 SPECIAL ASSISTANCE 8:1.1 When in the judgment of an employee a student requires the attention of the principal, assistant principal, counselor, psychologist, or other specialist, the employee shall inform the principal or his/her designee. The principal or his/her designee will assess the information relayed and confer with the teacher or other appropriate staff as necessary. When the employee advises the principal or his/her designee in writing of the matter, the principal or designee shall advise the employee in writing of the disposition of the matter. If in the judgment of the principal/designee and/or the teacher, a conference is desirable, the principal/designee and/or the teacher shall arrange, within five (5) working days, for a meeting among the appropriate parties to discuss the problem and to decide upon appropriate actions for its resolution. 8:2 DISRUPTIVE STUDENTS 8:2.1 In accordance with Board Policy/Student Manual/Behavior Student Referral Process, an employee may remove from his/her class, or wherever disruptive behavior occurs, a student whose misbehavior or disruptive behavior makes the continued presence of the student in the classroom intolerable or detrimental to the other students. The students shall be directed to an area designated by the building administrator. A student so excluded shall be returned to class only after appropriate action in accordance with the Student Manual has been taken. 8:2.2 When disciplining students, the building administrator or his/her designee shall take appropriate action in accordance with any existing behavior plan and as specified by the Student Manual. Employees shall be informed within five (5) working days as to what action the administrator or designee has taken. 8:2.3 The student Cumulative Record File shall contain a student's discipline record as recorded in ESchool. 8:2.4 Employees shall be able to access the Student Manual and all District forms necessary for making discipline reports electronically. Concerns regarding noncompliance that are not resolved at the building level shall be specified in writing (including copies of any relevant documentation) and sent to the Association President/designee and Assistant Superintendent/designee. 8:3 Principals shall report all cases of assault suffered by an employee in connection with his/her employment to the appropriate authorities as required by law and in accordance with the Student Manual. The Superintendent shall establish procedures to inform the Association President of such cases. A summary of State law reporting procedures is provided at the end of this Agreement as Appendix H. 8:4 The Board and Association shall maintain an on-going discipline committee. See Article 32. 19 8:5 A student who assaults a staff member shall be dealt with in accordance with the Student Manual's definition of Assault I, II, and III which is consistent with the Delaware Criminal Code, Title II. 8:6 Out of building alternate placements shall be based on the guidelines established in the District Student Manual. 20  ARTICLE 9 PERSONAL AND ACADEMIC FREEDOM 9:1 The personal life of an employee other than that which is covered by Delaware Code, Chapter 14, Title 14, will not concern the Board. 9:2 The Board recognizes that model lessons are resources for teachers. In courses in which curriculum maps, core content standards, and mandatory course materials are provided by the District, teachers will be expected to follow the curriculum maps and/or deliver instruction that addresses the state content standards. For instructional areas that do not have state content standards, the teachers will be responsible for aligning their instruction to the course objectives. 9:3 The Board and the Association agree that academic freedom is essential to the fulfillment of the purposes of the District; they acknowledge the fundamental need to protect employees from censorship or restraint which interferes with the performance of their teaching responsibilities. 9:3.1 Employees are encouraged to develop and utilize innovative practices from life experiences, connections to previous careers and outside resources/ancillary materials that are aligned to the common core standards, to enrich academic content for courses. 9:4 While it is the Board's responsibilities to adopt and to provide curricular material, it is the teacher's responsibility to meet the requirements as listed in 9:2. 21  ARTICLE 10 PROTECTION OF EMPLOYEES, PUPILS, AND PROPERTY 10:1 The Board and the Association agree that effective means for the protection of employees, pupils, and property are essential to the smooth functioning of the School District. Employees shall report in writing (except in cases of an emergency) all unsanitary, unsafe or hazardous conditions to the administrator in charge who shall, as quickly as possible after investigation and evaluation, take appropriate action to remedy the condition. The administrator within three (3) working days shall provide in writing to the reporting employee(s) the action taken. If the problem is not resolved satisfactorily a grievance may be initiated at Level II. 10:1.1 Employees shall not be required to work under conditions determined to be unsanitary, unsafe or hazardous by the preceding procedure. Employees may request a transfer by writing the Human Resources Office and providing written reason and back-up information after taking appropriate action outlined in 10:1. 10:1.2 At the beginning of the school year, current emergency procedures will be reviewed with employees and they will be provided ongoing access to these written procedures in order to respond effectively to potential life-threatening situations. 10:1.3 When landlines are down and the nurse needs to contact families in an emergency or for essential information, the nurse will immediately notify their administrator and be provided a working phone to complete the task. 10:2 An employee may, within the scope of employment, use and apply such amount of force as is reasonable and necessary as defined in the Delaware Code. For the information of employees, a summary of the State law is placed at the end of this Agreement as Appendix D. 10:3 Employees shall immediately report cases of injury suffered by them in connection with their employment to their principal or other immediate supervisor. In the case of the employee who remains at work, he/she must complete an official incident report in collaboration with the school nurse, when available, on the day of the incident. 10:4 No employee shall be required to transport a pupil in a personal automobile. 10:5 When feasible, where acceptable alternative facilities exist and upon request of the employee, instruction shall not continue in a classroom when there are unreasonable temperature conditions. Employees will be informed as to the steps taken to remedy the situation. 10:6 The District shall take reasonable precautions to provide protection for an employee's vehicle while parked on school property but shall not assume liability for loss or damage. 10:7 No employees, other than school nurses, will be required to administer medicines. In the event that it is permitted by law, resident advisors may administer medication. No employees, other than school nurses, will be required to handle the changing of feeding tubes. 10:7.1 Employees other than school nurses shall not be required to perform nursing duties except in an 22  emergency. In such cases a qualified medical person shall be brought to the scene as soon as possible and the employee shall be held harmless from liability by the Board unless the employee's acts or omissions amount to gross negligence or willful and wanton misconduct. 10:8 Employees who have a work-related injury (Worker's Compensation) will continue to receive all Board-paid fringe benefits as outlined in the District's Worker's Compensation policy. 23  ARTICLE 11 RIGHTS OF THE PARTIES 11:1 The Board agrees to make available to the Association upon reasonable written request all information, reports, and budgets which are available to the public and shall, upon reasonable written request, make available to the Association other statistics, information, and records necessary for negotiations. 11:2 The Association shall have the right to use school buildings for Association business on the same basis as other school-affiliated organizations in accordance with District policy. 11:3 The Association may use the school mail system and bulletin board space for posting notices in areas readily available to employees and assigned for the dissemination of information by means of notices, circulars, or other similar materials pertaining to Association business under the following provisions: (a) The material must clearly identify the individual(s) and/or organization responsible for the information contained therein. (b) A copy of the material for general distribution or an opportunity to copy material being distributed must be given to the building principal or his designee prior to or at the time of posting or dissemination in that building. If the material is to be distributed or posted system-wide, a copy also must be furnished to the Superintendent or designee prior to or at the time of posting or dissemination. (c) The use of the mail system and bulletin boards may not interfere with the normal business of the school. 11:4 A copy of current Board policy and Board minutes (agendas) are available electronically on the Board's approved posting system that provides public access. The Association shall provide the Board copies of its Constitution and By-Laws and a current roster of its elected and appointed officials. A table of the District's administrative organization with names will be available on the District website. 11:5 The building representative shall have the right to speak to employees during regularly scheduled faculty meetings if the representative notifies the building principal at least two (2) days in advance of the scheduled meetings. The requirement for two (2) days advance notice may be waived by mutual agreement. Placement on the meeting agenda shall be at the discretion of the building principal. 11:6 The Association shall have the right to use, on school premises, office and A-V equipment as designated by the principal when not otherwise being used. The Association shall pay for the cost of materials and supplies. The Association also agrees that it will pay for the repair or replacement of equipment damaged during such use. 11:7 Accredited representatives of the local, State, and National Association shall be permitted to 24  transact official Association business on school property at all reasonable times provided that this shall not interfere with or interrupt the program of the School District. The Association representative shall obtain approval of the principal of the building or other person in charge of the building which the representative is visiting by reporting to the office. Such approval shall not be unreasonably withheld. 11:8 Whenever, by mutual agreement of the parties, any employees participate in negotiations during working hours they shall suffer no loss in pay, nor shall they be required to make up the time lost. 11:9 The Association shall have input into the preparation of the District calendar and the District budget. Final determination of the calendar and budget shall reside with the Board. 11:10.1 Except as limited by this Agreement, the Christina School Board, on its own behalf and on behalf of the citizens of the District, hereby retains and reserves unto itself all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Delaware and of the United States, and including the right to administer and to supervise the schools of the District, and shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the schools of the District. Such administration, supervision, and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules, and regulations of the State Board of Education. Additionally, nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authorities provided by applicable law(s). 11:10.2 The Board, subject to Delaware Code and in accordance with the policies, rules, and regulations of the State Board of Education, shall in addition to other duties: (a) determine the educational policies of the District and prescribe rules and regulations for the conduct and management of the schools. (b) enforce the provisions of this Title relating to school attendance. (c) grade and standardize all the schools under its jurisdiction and may establish kindergarten and playgrounds and such other types of schools as in its judgment will promote the educational interest of the District. (d) adopt courses of study. (e) select, purchase, and distribute free of charge such textbooks and other materials of instruction, stationery, furniture, equipment, apparatus, and supplies as are necessary to the work of the schools. (f) provide forms on which regular school employees shall make such reports as may be required by the Board. (g) make all reports required by the State Secretary of Education at such time, upon 25  such items, and in such form as may be prescribed by the State Superintendent; and (h) appoint personnel. 11:11 In an emergency affecting the health, safety, or welfare of the students of the District, the Board or designee may take appropriate actions. 11:12 The rights and privileges of the Association and its representatives as set forth in this Article shall be granted only to the Association so long as it remains the exclusive representative of the employees. 11:13 The Association shall indemnify and hold the employer harmless against any and all claims, demands, suits, and other forms of liability that shall arise out of or by reason of any action taken or not taken by the employer for the purpose of complying with any of the provisions of this Agreement. 11:14 The District shall provide a telephone in the classroom of the President of the local Association or in an area easily accessible to the President. Such telephone shall not be utilized during normal class time except in an emergency. 11:15 The District will allow the President of the Association forty (40) days per year for legal association activities. Additional days may be added with mutual agreement of the parties. Use of such days must be with advance notice to the Superintendent or designee and the employee's building administrator unless exigent circumstances prevent such notice. In the event of exigent circumstances, the President of the Association shall subsequently provide the building administrator and the Superintendent or designee with a brief written summary specifying the exigency. In addition, the Association may purchase an additional 100 days at the per diem rate (based on the status of the person hired) so a "parallel teacher" can be employed. 11:16 At the request of the President, the District will allow the Association thirty (30) days per year for legal Association activities. Use of such days must be by prior notice to the Superintendent or designee and the employee's building administrator. 11:17 The Association shall be advised of any formal committee that deals with teacher working conditions and be given the opportunity to appoint teachers to the committee. 11:18 The Association shall have the right to have a representative on any committee that is related to the development and operation of a drug and alcohol program. 11:19 The Association's designee shall receive copies of all information that is to be broadcast or distributed to members of the Bargaining Unit. 26  ARTICLE 12 EMPLOYMENT 12:1 Employees shall be notified of their employment status for the next fiscal year pursuant to law. 12:2 Employees who may be required to use their own automobiles in the performance of their duties shall be reimbursed for such required travel at the rate provided by Delaware Code. Employees will follow District procedures for reimbursement and will utilize District forms that may be obtained from the building secretary for personal reimbursements. 12:3 Employees shall be notified in writing of a known change in their building placement for the ensuing year not later than June 1. If a change is necessary after June 1 the employee shall be notified in writing, with reasons, by email as soon as the change becomes evident. 12:4 The building or program principal shall give written notice to all employees of a known change in their assignment (including assignments outside of their certificated area) for the following year, not later than June 1. If any changes occur after June 1 this will be communicated via email. If the notification of changes is received after the April 1 deadline for submitting a voluntary transfer request, the employee shall have the right to apply for a voluntary transfer with 10 days of receipt of notification of the change. 12:5 All openings for positions in the evening school, summer school, and other similar programs shall be posted in each school building at least ten (10) calendar days prior to the application deadline. 12:5.1 Employees who are properly certificated applicants for summer school and other similar programs shall be given preference over outside applicants in the filling of such vacancies. Individuals on the District recall list shall have full application rights for such positions. 12:6 In general, employees of the District shall be given first consideration to provide homebound instruction occurring beyond the normal school day for students assigned to them. The District, however, reserves the right to establish the homebound instruction program in a manner it believes to be most beneficial to students. 12:7 Paraprofessionals/Paraeducators shall be under the direction of the classroom teacher during the time the paraprofessional/paraeducators is assigned to said teacher. However, it is understood by the parties that both the teacher and the paraprofessional/paraeducators shall be under the direction of the building administrator during the employee(s) workday. 27  ARTICLE 13 EMPLOYEE WORK YEAR 13:1 The in-school work year for employees employed on a ten-month, eleven-month or twelve-month basis shall not exceed the State/District funded days. Should the District decide to initiate a "year-round school program" it shall meet with representatives of the Association to develop the procedures necessary to implement the program including the voluntary assignment of employees. If during the term of this contract, the State mandates additional days or hours, the parties will meet to discuss Article 25. 13:2 The above stated maximum number of work days for each category may be extended three (3) additional days for new employees for the purpose of orientation and in- service education. The association will be allocated two hours for an orientation breakfast. 13:3 Employees will be paid for the days that are worked as determined and funded by the State. 13:4 SPECIAL SCHOOLS 13:4.1 Positions at special schools requiring workdays in excess of the ten-month in-school work year will, to the extent possible, be filled from within the school on a voluntary basis. 13:4.2 If these positions are not filled from within the school on a voluntary basis the positions shall be open to all qualified employees in the District. 13:4.3 In the event there are not sufficient qualified applicants for such positions, qualified special school employees may be assigned to said positions on a rotating basis with the employee having the least amount of seniority and the least number of rotational involuntary special school assignments being assigned first with notification of such involuntary assignment to be made by May 1. 28  ARTICLE 14 TRANSFERS 14:1 DEFINITIONS 14:1.1 Temporary Vacancy 14:1.2 A vacancy resulting from leaves of absence, special assignment, or any position so designated by the Superintendent. 14:1.3 New Position A newly created position within the District or the authorization of additional positions not recognized under State allotment. 14:1.4 Reassignment Changing an individual's position on the staff of a building to another position in that building or to a combined position in that building and another constitutes a reassignment. Individuals who are working in more than one building, program, and/or content area whose placement or assignment is changed within those buildings, programs, and/or content areas shall be considered to have been reassigned. Such reassignments may take place before the identification of a permanent vacancy or a new position. 14:1.4.1 Employees shall be given the opportunity to request a reassignment through the building principal for the next school year prior to March 1. Teaching assignments will be determined by the building principal. 14:1.4.2 If it becomes necessary to reassign staff within a building, the principal shall first solicit and consider volunteers. 14:1.4.3 If an employee is assigned outside of his/her current major teaching assignment and is not in agreement with assignment, every effort will be made to return the employee to his/her original teaching area the next school year. When reassigned, teachers will be notified that the change in placement may impact their current State Teacher Evaluation Systems Classification, Seniority Roster Category, Grade Level Expectations or required curricular professional development. Teachers will be notified that the reassignment does not change their seniority date. 14:1.5 Unassigned/Excessed Employees Employees who are displaced from their previous placement as a result of declining pupil enrollment, educational program changes, and/or adjustment in staff allocations. All permanent employees who are excessed will receive a placement unless Chapter 14 of Title 14 is applied. 29 14:2 VACANCY POSTINGS/INTERVIEWS 14:2.1 Employees who would like to transfer to another building location may submit their request for any posted vacancy within the district throughout the calendar year. There will be a streamlined process for internal applicants. All qualified employees who apply within the posted time period shall be offered the opportunity to interview. Principals, at their discretion, may interview applicants who are not certified. The District reserves the right to offer an employee a permanent or temporary contract for a vacancy. During the timeframe of November 1 to July 14, a position shall be posted for a minimum of ten (10) calendar days prior to the closing date of the posting. During the timeframe of July 15 to October 31, a position shall be posted for a minimum of three (3) workdays prior to the closing date of the posting. The District will send direct notice of postings through the Christina School District email system to all current employees. External candidates cannot be considered until the Recall process has been completed. 14:2.2 The written notice of vacancy shall contain: (a) type of vacancy; (b) position description; (c) location; (d) starting date; (e) qualifications; (f) salary; and (g) other relevant information. 14:2.3 The description set forth for a particular position shall not be substantively changed after posting. Any other changes must be made prior to the application deadline or must be brought to the attention of the applicant at the time of interview. 14:2.4 Interviews with internal and external applicants may be conducted on the same day. The Association shall have a minimum of one (1) Association member on the internal interview committee. The President of the Association will be given at least 48 hours prior notice of the date, time, and location of the internal interview(s) to assign one (1) member to the internal interview panel. 14:2.5 The following factors shall be considered by the interview committee, and no one factor outweighs the other: certification; seniority; qualifications, professional experience; system- wide balance; and other relevant factors. An employee shall be allowed one transfer per school year. A school year transfer purpose will run from July 1 to June 30. 14:3 Current employees must use the online application system to become part of the applicant pool for a position that becomes available. The employee's eligibility will remain in place until the close of the Right of Return process. (Refer to 14:7.2) 14:4 VOLUNTARY TRANSFER 30  Permanent or temporary employees may request a voluntary transfer. Permanent employees who have been unassigned/excessed shall also be allowed to participate in the voluntary transfer process. Employees on an improvement plan are not eligible to participate in the voluntary process. 14:4.1 During the time frame of November 1 to July 14, the employee will have 72 hours, not including weekends and holidays, to respond to a notice of an opening of a requested position. During the time frame of July 15 to October 31, the employee will have 24 hours not including weekends and holidays, to respond to a notice of an opening of a requested position. Employees will be notified of their offer via district email. 14:4.2 Transfer requests to a different field will not be considered until all unassigned/excess employees in that field have been placed and/or employees who have been involuntarily transferred, declared unassigned, or have served in a special assignment have been given the option to return as established in Section 14:7. 14:4.3 Vacancies not filled by an internal candidate through the voluntary transfer process (as determined by 14:2.4) shall be filled by the next eligible person on the appropriate recall list and then open to external candidates. 14:4.4 While the interview panel may make a recommendation to the principal, the decision of the principal is final based the selection criteria above. In the event the interview panel’s recommendation is not the principal’s final choice, the principal shall communicate the rationale to the interview panel upon request. Unsuccessful candidates shall be so informed in a timely manner. If an employee is denied a transfer, written reason(s) will be given upon written request of the employee. 14:4.5 The District determines the start date of the voluntary transfer which could be up to the beginning of the next school year 14:5 UNASSIGNED/EXCESS EMPLOYEES 14:5.1 Notice of "unassignment" shall be given to the employee upon knowledge of such "unassignment." 14:5.2 The least senior certificated employee in a seniority classification within a building/ program will be declared unassigned/excessed unless the sending or receiving school's program or human physical resources utilization requires a particular employee's certification and qualifications or where it is necessary to satisfy requirements of law, court order, or diversity. Seniority is as defined in Article 16. 14:5.3 Unassigned employees will have the opportunity to view a list of all known vacancies posted on the District website. Such employees will state their preferences as to the positions and return the list to the Human Resources Office on or before the date indicated. Unassigned employees shall have the right to complete a voluntary transfer request. 31 14:6 INVOLUNTARY TRANSFER 14:6.1 Notices of proposed involuntary transfers shall be given to the employee involved upon knowledge of such transfer with reasons stated as system-wide balance or specific programmatic needs. 14:6.2 An employee may request a meeting with the Human Resource Administrator to discuss the involuntary transfer after meeting with the principal or supervising administrator. 14:6.3 An employee shall not be transferred to a position outside his/her area of certification except in unusual circumstances. Specific reasons for such unusual circumstances shall be explained to the employee upon request. 14:6.4 Where involuntary transfers are deemed necessary, the least senior certificated employee in a building/program will be involuntarily transferred unless the sending or receiving school's program or human and physical resources utilization require a particular employee's certification and qualifications or where it is necessary to satisfy requirements of law, court order, or affirmative action programs. Seniority is as defined in Article 16. 14:7 Any employee who is involuntarily transferred, declared unassigned, or on a special assignment shall be given the right to return to his/her original building (in the category listed in the seniority roster) where a permanent full- or part-time vacancy occurs if: (a) He/she so requests in writing within ten calendar days of being declared unassigned or transferred involuntarily. (b) The vacancy occurs during the voluntary transfer period or the following school year if a vacancy is available as a result of a temporary special assignment; or (c) Organizational needs permit. 14:7.1 Rejecting a part-time position does not preclude the option of returning to a full-time position should one become available. 14:7.2 The Right to Return period will end on the last working day in July. 14:8 ADMINISTRATIVE VACANCIES 14:8.1 When the Superintendent determines that a vacancy exists m an administrative/supervisory position it shall be posted as cited in Section 14:2.1. 14:8.2 The Superintendent shall establish in consultation with Association leadership, a procedure to provide employee input into the selection of District building level administrators. 32  ARTICLE 15 EMPLOYEE APPRAISAL 15:1 Evaluation and judging of an employee's performance shall be for, but not limited to, the following purposes: (a) To provide teachers with feedback and support for continuous self- improvement. (b) To provide an enhancement process in order to promote creativity, innovation, and risk-taking. (c) To motivate members of the staff to participate in formulating and evaluating instructional programs. (d) To provide an atmosphere of cooperation between administrators and teachers throughout the evaluative process. (e) To provide information for decisions on in-service training and staff improvement programs. (f) To provide information for making judgments about personnel promotions, reassignments, tenure, and dismissal. 15:2 The state approved appraisal system shall be the official system used to appraise employees. All administrators doing teacher appraisals will be trained according to State procedures. 15:3 Complaints that the proper procedure has not been followed may be processed through the grievance procedure with the last step being advisory arbitration. 15:4 When an employee is notified that an improvement plan will be developed, he/she will receive a 48 hour meeting notice for the development of the plan. The notice will include language stating the employee has the right to have an Association representative present. The improvement plan shall be developed collaboratively according to the guidelines in the State appraisal system. 15:4.1 When an improvement plan has been satisfactorily completed, it will be recorded in the electronic performance appraisal system. 15:5 Within timelines specified by the state approved appraisal system the employee may respond in writing. The employee shall submit a copy of his/her response to the appraiser who shall attach the employee's response to the appraisal report and forward the employee's appraisal and response to the appropriate office for filing. 15:6 Employees shall have the opportunity to provide information about the instructional climate to their appropriate supervisor. 15:7 Employees may suggest alternate or additional times for formal observations because of 33  classroom activities. No unannounced formal or short observations shall be done two days before or after the winter holiday break and the spring holiday break. 15:7.1 All formal observations including "Short Observations" must be completed by the administrators in the building who are credentialed observers or their designee who is a School District administrator credentialed observer. The Formative Feedback Documentation form may include discussion points from the pre-observation conference (if the observation was announced), post observation conferences, and data about the lesson that is directly observed by the administrator. 15:8 Appraisal of an employee's voluntary or involuntary participation in an extra-curricular activity shall be separate from the employee's classroom performance appraisal. Such appraisal shall be used for the sole purpose of retaining or dismissing the employee from this extra-curricular activity. 15:9 Non-participation in extra-curricular activities beyond those described in Appendix J shall not be a factor in the appraisal of an employee; however, commendations for participation in multiple extra-curricular activities may be placed in the employee's personnel file. 15:10 The employee shall follow the process required by the electronic performance assessment system to acknowledge evaluative material received which will become part of the evaluation record. 15:11 The Association and the Board agree that walk-throughs are a useful tool in assisting to evaluate the overall instruction within a building. Whenever possible, teachers will be notified when walk-throughs will occur within the building and the individuals who will participate in the process. The administration is responsible for sharing the data collected during the walk-throughs with the faculty as a whole on a mutually agreed upon basis. 34  ARTICLE 16 SENIORITY, LAYOFF, AND RECALL 16:1 SENIORITY 16:1.1 Seniority shall be calculated as the length of most recent continuous service as a teacher and/or administrator in the District. Time earned as a temporary contract employee in the district shall count toward seniority upon the hiring of the employee on a permanent contract provided that service is continuous. 16:1.2 For transition purposes, seniority dates for teachers shall be the seniority date as established in the spring 1981 seniority roster of the New Castle County School District adjusted for any time spent on layoff during 1981-82 and other reasons for adjustment as outlined by this Article. 16:3 An administrator who is assigned to bargaining unit positions shall be afforded seniority as a teacher commensurate with the time of his/her previous employment as either a teacher and/or administrator by the District, the New Castle County School District, and/or one of the component districts prior to July 1, 1978. Such service must be continuous and a resignation is considered a break in service. (Moving from a teacher to an administrative position within the same District is not considered a resignation.) 16:4 The Human Resources Office shall annually publish a list of all employees by field of current major teaching assignment listed in seniority order. This list shall be published and posted in each school by February 15 of each year. Employees who wish to appeal their placement on this list must do so in writing to the Human Resources Office before March 1 of the year the list is published. A final list shall be published by March 31 each year. An employee's failure to question prior to March 1 his/her seniority date and classification on the first published list will preclude the assertion of incorrect seniority date and classification in challenging a subsequent layoff. 16:4.1 If an employee's seniority date or classification is different on the second list as compared to the first list such employee has three (3) days from the posting of the second list to appeal the change. 16:5 The Association will be made aware of the composition of the seniority list prior to the posting of such list. The Association may make suggestions for additions and/or deletions. The final composition of the seniority list shall rest with the Superintendent and is not subject to the grievance procedure outlined in Article 3. 16:6 In the event two or more employees have the same seniority date the following criteria shall be used in the order enumerated as tie breakers: (a) total length of teaching service in the Christina School District; (b) total length of State teaching service (c) length of total teaching experience; (d) educational level on the salary schedule; and 35  (e) lottery. 16:1.7 Board-approved leaves of absence shall not constitute a break in service, but will not be counted toward seniority as applied in this Article with the following exceptions: (a) sabbatical leaves (b) military leave (c) leave for officer of the Teacher Association(s) 16:2 LAYOFF 16:2.1 The Superintendent or designee shall determine the number of positions to be reduced, taking into consideration known attrition, and shall apprise the President of the Association of this information and also share with the Association how this information was developed. 16:2.2 To accomplish the necessary reduction in force, employees will be laid off from the field of their current major assignment on the basis of seniority. 16:2.3 Employees who work in programs of limited duration and are scheduled to be laid off from such program shall be permitted to return to a regular position in their former major teaching field when the limited duration program is reduced or terminated provided the employees have sufficient seniority. When a decline in enrollment, a decrease in program, or a reduction in funding is anticipated for the following year, any necessary reduction will be made in that field consistent with seniority to permit such reassignment. 16:2.4 Employees who have been involuntarily transferred or involuntarily reassigned to an assignment that places them in a different seniority classification and are scheduled to be laid off from such classification shall, at the employee's option, be permitted to return to their previous seniority classification provided they have sufficient seniority. 16:2.5 Employees who are on one of the seniority classifications listed below and are scheduled to be laid off in that classification shall, at the employee's option, be permitted to exert their seniority provided they have sufficient seniority to the least senior employee in the related classification(s) listed below for which they are fully certificated. Such certification must be on file in the Human Resources Office prior to March 1 of the year the reduction takes place: Seniority Classification Related Classification Biology All other science classifications Chemistry All other science classifications Earth Science All other science classifications Physics All other science classifications Physical Science All other science classifications General Science All other science/elementary classifications Elementary Vocal Music All other music classifications Elementary Inst. Music All other music classifications Secondary Vocal Music All other music classifications 36  Secondary Inst. Music All other music classifications Strings All other music classifications 16:2.6 Employees who are laid off shall be placed on the recall list in the subject field from which they were laid off and in a field in which they have been issued a standard certificate. An employee may request that his/her name be removed from a seniority classification on the recall list. Placement on the recall list will be for two years. 16:3 RECALL 16:3.1 Notification of recall will be by telephone and personal email address. The employee will be responsible for submitting their preferred telephone number and email address to Human Resources upon notification of their reduction in force status. A person who has been placed on the recall list shall be notified of a recall prior to any external candidate being hired. The person will be expected to respond to the offer within 48 hours (excluding weekends and holidays) of the telephone call or email. 16:3.2 If notification by telephone and email is not successful Human Resources will contact the CEA President and Uniserv Director via email. They will have an additional 72 hours excluding weekends to contact the teacher and garner a response. 16:3.3 The person who accepts recall will report to work on the date indicated by the administration or at a later date if mutually agreeable. A person may have at least 72 hours to report to work. 16:3.4 A person who refuses a permanent full-time position in the classification from which he was laid off or accepts a position in another school district will be removed from the recall list and the District will have no further obligation to the person. A person who refuses a permanent full-time position in a classification other than which he/she was laid off will stay on the recall list in other classifications, but the District will have no further obligation to offer another position in the same classification. 16:3.5 A person on the recall list who is offered and accepts recall to a temporary or a part-time position will not forfeit his/her right to a permanent full-time position. The person may be placed in a permanent full-time position before the completion of the temporary or part-time employment with administrative approval. The person will be placed at his/her appropriate position on the recall list upon completion of such temporary employment. 16:3.6 A person who declines a temporary or part-time position will not be removed from the recall list but the District will have no further obligation to offer another temporary or part-time position to such a person. 16:3.7 Persons who are eligible for recall must keep the Human Resources Office informed in writing of any changes in their address, telephone number, and/or certification. 37 16:3.8 Time lost by an employee laid off under provisions of this Article who is subsequently recalled under provisions of this Article shall not be considered to interrupt continuous service, but such time shall not be counted toward seniority. Adjustments of seniority will be calculated based on the number of days not worked, 16:4 MISCELLANEOUS 16:4.1 Employees on Board-approved leaves of absence shall be subject to all provisions of this Article. 16:4.2 Employees who resign or have been dismissed for any reason other than reduction in staff are not subject to the provisions of this Article. 16:4.3 Nothing in this Article shall apply to an individual on a temporary contract or in any way serve to extend the employment of such individuals, except as provided in Section 16:3.5. 16:4.4 Laid off employees may continue benefits at their own expense where the company/carrier permits. 38  ARTICLE 17 PERSONNEL RECORDS 17:1 Personnel files on each employee will be maintained at the Human Resources Office. 17:2 The Board agrees that it will maintain only one personnel file for each employee. 17:3 An employee shall have the right to review the District's personnel file on him or her, with the exception of confidential materials, at a time mutually agreeable to the employee and the personnel officer or designee. In any event, such review shall take place within five (5) working days provided there are not an inordinate number of requests. Confidential materials shall be defined as college placement papers, references, interview records, and similar materials gathered in connection with the employee's application for a position in the District. 17:4 An employee may have a representative of the Association present during such review; however, the personnel file shall not be taken from the office by the employee and shall be examined in the presence of the personnel officer or his/her designee. 17:5 The employee shall affix his/her signature to all evaluative material to be placed in his/her file to indicate that he/she has seen the material. The Association shall be informed in writing if any employee refuses to sign material placed in his/her file. A meeting of the employee, the Association president or his/her designee, and the administrator shall be held at a mutually agreeable time. At this time the administrator shall once again request that the employee sign the material in question. If the employee refuses to sign, the Association president or his/her designee shall sign a statement typed on the material for this purpose. The statement shall read: "I have witnessed refusal to sign this material." Employee's Name ________________________________________ 17:6 Any document regarding an employee's performance which an employee either has not signed or been given the opportunity to sign shall not be placed in the employee's file or shall not be utilized in any proceeding against him/her. 17:7 Within 15 days of receipt of the document, the employee shall have the right to answer, in writing, any material filed (except confidential material) and the answer shall be attached to the file copy. 17:8 Employees may receive copies without charge of up to ten (10) individual pages of non- confidential documents filed in the personnel files. Once the employee has received ten (10) free copies, he/she shall be charged ten cents per copy for each page of additional non- confidential material received except as provided in other provisions of this Agreement. 17:9 An employee may request in writing to the personnel officer that material he/she deems unfavorable contained in his/her personnel file be removed. If the request is approved, such documents and all directly related documents shall be removed. The employee shall be advised in writing of the disposition of his/her request within 10 days. 17:10 Anyone who reviews the District file on an employee, other than employees of the Personnel Office, 39  shall do so in a manner prescribed by administrative regulation. An individual authorized by such regulations to review the file shall indicate such action by affixing his/her name and date of such review. 17:11 Copies of commendations issued to employees by the Board or administrat