AGREEMENT
Between
TENAFLY BOARD OF EDUCATION
and
TENAFLY EDUCATION ASSOCIATION
On Behalf of Teaching Staff
for the period
July 1, 2004 to June 30, 2007
48
TABLE OF CONTENTS
ARTICLE PAGE
I. RECOGNITION 1
A. Recognition of the Association 1
B. The Board's Status 1
II. NEGOTIATION PROCEDURE 2
III. TEACHER RIGHTS 3
IV. ASSOCIATION RIGHTS AND RESPONSIBILITIES 3
A. Association Rights and Privileges 3
B. Faculty Meetings and Professional Development 4
Elementary 4
Middle School 5
High School 5
Twenty-two Hours 6
In-service credit 6
C. Association Studies 6
D. Orientation Program 6
E. Graduate Credit
Tuition Reimbursement 7
Timelines for approval & reimbursement 7
Course eligibility 7
V. SICK LEAVE 8
A. Cumulative Sick Leave 8
(absence forms to be completed are available in Principal’s office)
B. Sick Leave During Sabbaticals 8
C. Required Medical Examinations 8
D. Unused Sick Leave 9
VI. TEMPORARY LEAVES OF ABSENCE 9
A. Personal Leave 9
B. Anticipated Disability Leave
(Including Maternity Leave) 10
C. Child-Rearing Leave 12
D. Emergency Disability Leave 13
E. Military Leave 13
F. Other Leaves 13
Serious Illness in Immediate Family 14
Death in Immediate Family 14
Death of Relative or Friend 14
Jury Duty, Subpoena or Legal Process 14
School Purposes 15
VII. INSURANCE 15
A. Health Insurance 15
B. Eligibility 15
VIII. CREDIT UNION AND TAX SHELTERED ANNUITY 15
IX. EXTENDED LEAVE 16
A. Sabbatical Leave 16
1. General 16
2. Eligibility 16
3. Number of Leaves Authorized 16
4. Application for Leave 16
5. Subsequent Service - Return to
Active Duty 17
6. Status of Tenure and Pension 17 7. Illness or Accident 17
8. Forfeiture of Leave 18
9. Sabbatical Leave to "Anticipated
Disability Leave" 18
10. Reinstatement 18
11. Duration 18
12. Salary 18
13. Doctoral Program 19
B. Leave Without Pay 19
X. STRIKES - LOCKOUTS 20
XI. SAVINGS CLAUSE 20
XII. FULLY BARGAINED CLAUSE 20
AMENDMENT OR MODIFICATION 20
NON-WAIVER CLAUSE 20
XIII. TEACHER EVALUATION 21
A. Observation and Evaluation of Tenured
and Non-tenured Staff Members 21
1. Observation an Evaluation of Teachers Assigned to
Regular Classroom Teaching Duties 21
2. Observation and Evaluation of Teachers Not
Assigned to Regular Classroom Teaching Duties 23
B. Summary Evaluation of Tenured and Non-tenured Staff Members 24
1. Annual Summary Evaluations 25
2. Additional General Procedures 26
C. General 26
XIV. TEACHER YEAR 27
A. Attendance 27
B. Number of days 27
C. Calendar Discussions 28
D. Guidance Counselors 28
XV. GRIEVANCE PROCEDURE 28
A. Purpose 28
B. Definition of Terms 29
C. Time Limits 29
D. Levels of Procedure 29
1. Level One (Building Level) 29
2. Level Two (Superintendent's Level) 30
3. Level Three (Board Level) 31
4. Level Four (Arbitration Level) 31
5. Arbitration Procedures 31 E. Rights of Teachers to Representative 32
F. Miscellaneous 33
XVI. PLANNING TIME-ELEMENTARY SCHOOLS 34
XVII. SALARIES
A. Progression Along the Pattern of Increases 35
B. Salaries and Extra Compensation, Columns on Salary Guide 36 C. Workshop Compensation Rate 36
D. Overnight Trip Compensation 37
XVIII PRINTING OF THE AGREEMENT 37
XIX. DURATION OF THE AGREEMENT 37
XX. REPRESENTATION FEE 38
A. Purpose of Fee 38
B. Amount of Fee 38
C. Deduction and Transmission of Fee 38
D. Termination of Employment 38
E. Mechanics 39
XXI FULL AND PART-TIME TEACHER WORKDAY
A. General 39
Part-time teachers 39
Arrival and departure times 39
Travel between schools 40
Voluntary Substituting 40
Flexible Scheduling 40
Parent Teacher Conferences 40
Sixth Period Assignment 40
B. Elementary Teacher 41 C. Middle School Teacher 41
D. High School Teacher 42-43
XXII SEPARABILITY 44
SALARY GUIDE - SCHEDULE "A"
SALARY GUIDE - SCHEDULE "B"
SALARY GUIDE - SCHEDULE "C"
EXTRA COMPENSATION SCHEDULE – SCHEDULE "D"
GRIEVANCE FORMS
AGREEMENT
This Agreement entered into this 22nd day of June, 2004 by and between the BOARD OF EDUCATION OF TENAFLY, BERGEN COUNTY, NEW JERSEY (hereinafter called the "Board") and the TENAFLY EDUCATION ASSOCIATION (hereinafter called the "Association").
ARTICLE I
RECOGNITION
A. Recognition of the Association
1. So long as the Association represents a majority of the following, the Board recognizes the Association as the exclusive representative of certificated staff not in supervising positions, whether currently under contract or on specified and approved leave, for the purpose of collective negotiations concerning the terms and conditions of employment, as provided for an pursuant to the provisions of the N.J. Employer-Employee Relations Act.
2. The term "Teacher(s)" as used in this Agreement refers to all professionally certificated employees of the Board who are represented hereunder by the Association. Part-time Teachers are, for the purposes of the Collective Bargaining Agreement, defined as set forth in Article XXIV hereof.
3. The following employees are not included within the terms of this agreement: Superintendent, Assistant Superintendent(s), principals, assistant or vice principals, Department Chairpersons, directors, Business Administrator/Board Secretary, supervising staff, and substitutes for the following: classroom teachers, nurses, media specialists, psychologists, social workers, subject coordinators and guidance counselors.
B. The Board's Status
1. The Association recognizes the Board as the public agency charged by the Legislature, under the mandate of the Constitution, with the management in the School district of the Borough of Tenafly of a thorough and efficient system of free public schools.
2. The Board hereby retains and reserves unto itself, without limitations, other than those expressly set forth by law and by the specifications of this Agreement, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of New Jersey, and of the United States, including, but without limiting, the generality of the foregoing, and right:
a. To the executive management and administrative control of the school system and its properties and facilities, and the activities therein and thereon of its employees.
b. To hire all employees and, subject to the provisions of law, to determine their qualifications for employment, or their discipline, dismissal or demotion, and to promote, transfer, assign and reassign all such employees.
c. To establish grade levels and courses of instruction, including special programs, and to provide for athletic, recreational and social events for students, all as deemed necessary or advisable by the Board.
d. To decide upon the means and methods of instruction, the selection of textbooks and other teaching materials, and the use of teaching aids of every kind.
e. To determine class schedules.
3. The exercises of the foregoing powers, rights, authority, duties and responsibilities by the Board and its administrative staff, the adoption of policies, directives, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the terms and provisions of this agreement and the Constitution and laws of the State of New Jersey and the Constitution and laws of the United States.
ARTICLE II
NEGOTIATION PROCEDURE
The Board and the Association agree to meet at reasonable times and negotiate in good faith with respect to terms and condition of employment, in accordance with the provisions of the N.J. Employer-Employee Relations Act.
ARTICLE III
TEACHERS RIGHTS
The Board and the Association agree that every Teacher shall have the right to freely and without penalty or reprisal from, join and assist in any employee organization or to refrain from any such activity. N.J.S.A. 34:13A-5.3.
ARTICLE IV
ASSOCIATION RIGHTS AND RESPONSIBILITIES
A. Association Rights and Privileges
1. The Board agrees that the Association shall have the right to use school buildings at reasonable hours for meetings provided the Principal of the building involved be given reasonable advance written notice, or in the case of emergent circumstances, reasonable advance oral notice, and provided there is no conflict with school operations.
2. Officers of the Association shall have the right to transact official business on school property at reasonable times provided this does not interfere with school operation.
3. It is agreed that one (1) day each month, said date to be specified by the President of the Association, shall be designated as the regular monthly meeting day of the Association. Insofar as possible, no activities (other than scheduled inter-scholastic activities) after regular school hours requiring the presence of teachers will be scheduled that will conflict with the time of said meeting.
4. The Association shall have the right to make reasonable use of school facilities and equipment including office machines and audio visual equipment for Association purposes when such facilities and equipment are not in use for educational purposes. The Association agrees to pay for the cost of materials and supplies incidental to such use at the rate paid by the Board and for any repairs necessitated by such use.
5. The Association shall have the right to make reasonable use of the inter-school mail system for distribution of Association materials provided this does not interfere with school operations. The building Principal shall be made aware of such use.
6. The Association shall have the right to use the bulletin board in the Teachers' room, faculty lounge, and the Teachers' dining room. The location and size of such bulletin boards shall be agreed upon with the respective building Principal. Copies of all materials to be posted on such bulletin boards shall be given to the building Principal.
7. The Board agrees to furnish to the Association through the Superintendent, or otherwise to make available to it, any and all information which is a matter of public record.
8. The Association agrees that none of the foregoing rights and privileges granted to the Association shall be used or employed in connection with any form of strike which would involve the suspension of, or the interference with, the normal school program.
9. The Association President shall not be assigned any additional duties beyond his/her regular teaching assignments.
B. Faculty Meetings and Professional Development
All teaching staff shall be obligated to attend meetings devoted to full faculty, department, team, grade level, cross-grade level, cross-school and/or district-wide activities. The focus of these meetings will include, but not be limited to, school operations, staff communications, and workshops required to satisfy specific state and federal staff requirements. Arrangements for such meetings shall include the following:
For Elementary Schools
Nine (9) meetings of up to forty-five (45) minutes each
Nine (9) meetings of up to sixty (60) minutes each
Up to twelve (12) of these meetings shall be building based
Unless otherwise mutually agreed to by building faculty and administration, and
approved by the Superintendent of Schools or his designee, these meetings shall
be scheduled to begin ten (10) minutes after school dismissal for building based
meetings and fifteen (15) minutes after school dismissal for multi-building meetings; and shall be scheduled on Mondays.
By unanimous agreement of involved building faculty and administration, and
with the approval of the Superintendent of Schools or his designee, alternative
meeting times may be arranged, as long as the yearly total time devoted to such
meetings shall equal the number of minutes described above.
For the Middle School
Nine (9) meetings of up to sixty (60) minutes each
Weekly team meetings of one period each. The nine remaining 44-minute periods
shall be duty-free.
Unless otherwise mutually agreed to by building faculty and
administration, and approved by the Superintendent of Schools or his designee,
the nine (9) meetings of up to sixty (60) minutes shall be scheduled to begin
fifteen (15) minutes after school dismissal and shall be scheduled on Mondays. The
weekly team meetings shall be scheduled during the workday at
times when the members of individual teams have common planning periods.
By unanimous agreement of involved building faculty and administration, and
with the approval of the Superintendent of Schools or his designee, alternative
meeting times may be arranged, as long as the yearly total time devoted to such
meetings shall equal the number of minutes described above.
For the High School
Nine (9) meetings of up to forty-five (45) minutes each
Nine (9) meetings of up to sixty (60) minutes each
Unless otherwise mutually agreed to by building faculty and administration, and
approved by the Superintendent of Schools or his designee, these meetings shall
be scheduled to begin fifteen (15) minutes after school dismissal; and shall be
scheduled on Mondays.
By unanimous agreement of involved building faculty and administration, and
with the approval of the Superintendent of Schools or his designee, alternative
meeting times may be arranged, as long as the yearly total time devoted to such
meetings shall equal the number of minutes described above.
In addition to the meeting commitments described above, all teaching staff shall be obligated to engage in district planned and/or approved activities outside the teacher workday equal to twenty-two (22) hours per calendar year (July 1-June 30) or prorated for any teacher working less than a full year or on a part-time basis. The district will plan and/or approve staff instructional and instructionally related workshops, instructional development activities, non-teacher work year academies and other related activities. Each year the district will plan and/or approve opportunities sufficient to allow teachers to satisfy the twenty-two hours requirement of this contract and to meet the twenty (20) hours per school year of State-approved continuing professional development as required by N.J.A.C. 6:11-13.2.
Staff will be provided opportunities to choose from among numerous workshops, instructional development activities, and curriculum planning and writing. At the same time that teachers satisfy the twenty-two (22) hours obligation, a majority of planned and/or approved activities will be designed to allow staff to earn in-service credits for movement on the salary guide and to satisfy the state requirement of 100 hours of training over each five-year period. Staff that accepts a district invitation to teach workshops or assume responsibilities for a planned instructional or curriculum development activity will be able to earn in-service credits for movement on the salary guide while satisfying their twenty-two hours obligation. Teachers that do the latter will be credited with four (4) hours for every three (3) hours of approved workshop teaching or assumed responsibility for a planned curriculum development activity.
District approved in-service credits as described above will be credited toward movement along salary columns on a ratio of up to 4 in-service credits of every 8 credits on the salary columns. Each credit will equal fifteen (15) hours of participation in those activities designated as carrying in-service credit.
C. Association Studies
The Association shall furnish to the Board copies of all pertinent studies, surveys and lists which would assist the Board in making decisions.
D. Orientation Program
The Board agrees to provide, during the orientation period for new Teachers, a time and place for new Teachers to meet with representatives of the Association for the purpose of Association orientation. The time and place shall be agreed upon by the Superintendent and the President of the Association.
E. Tuition Reimbursement
The Board of Education will provide tuition reimbursement in the following amounts and with the following provisions.
For 2004-2005 year the total sum of $30,000 shall be made available for reimbursement of district approved graduate credits earned by teaching staff. For 2005-2006 the total sum shall be increased to $33,000, and for 2006-2007 the total sum shall be increased to $36,000.
For purposes of reimbursement, each teacher may utilize up to 6 college graduate credits awarded in any one fiscal year (July 1 – June 30). The basic per credit reimbursement amount shall be equal to the actual cost to the teacher or one-half the cost of the average state tuition rate, whichever is less. If the total cost of all teacher graduate credits to be reimbursed in any one fiscal year exceeds the pool of money available, reimbursement amounts shall be pro-rated on the basis of a specific dollar amount per credit equal to the funds available.
In order to be eligible for reimbursement, a completed District Graduate Credit Reimbursement Approval Form must be received by the Superintendent of Schools or designee at least fifteen (15) work days prior to the actual beginning of the course being claimed for reimbursement and must be approved by the Superintendent of Schools or designee before the course actually begins. Proof of successful completion of an approved graduate course (including evidence of what credit was awarded) must be received by the Superintendent of Schools or designee on or before June 30th of the year for which reimbursement will be given. Failure to produce such proof by the 30th of June of the fiscal year for which a claim for reimbursement is made will result in making such a claim no longer valid. However, courses completed in May and June for which the documentation has not been produced must be produced by August 31st and credited to the next year’s allocation or else a claim will no longer be valid. Reimbursement payments shall be distributed no later than July 31st immediately following the end of each fiscal year.
All graduate courses for which credit on the salary guide and/or tuition reimbursement is given, must be earned at a state accredited institution of higher learning and must be specifically approved by the Superintendent of Schools or designee, utilizing the following criteria:
-direct relevance to the instructional duties and responsibilities of the person
taking the graduate course.
-direct relevance to district assigned significant non-instructional duties
and responsibilities of the person taking the graduate course.
-courses that are specifically required as part of a formal Master’s or Doctor’s
Degree program in which a teacher is enrolled.
ARTICLE V
SICK LEAVE
A. Cumulative Sick Leave
1. All Teachers who are employed on a ten (10) month basis shall be awarded thirteen (13) days as sick leave credit for each school year in this district. Such sick leave credit shall be accumulative with no maximum limit. Sick leave is hereby defined in accordance with applicable provisions of N.J.S.A. 18A:30-1 et seq.
2. All teachers who are absent due to personal disability as a result of illness or injury shall be entitled to full pay for each day of such absence up to the number of days accumulated. When such absence exceeds five (5) consecutive school days, the Teachers shall file with the Superintendent, through the Principal's office, not later than five (5) school days after returning to work, a doctor's certificate which attests to the Teacher's personal illness or injury during the period of absence.
3. A Teacher starting employment after the beginning of the school year shall receive a pro rata amount of sick leave credit based upon the length of the employment contract.
B. Sick Leave During Sabbaticals
1. Teachers on Sabbatical leave shall be credited with sick leave benefits as above defined.
2. Teachers shall report on return from sabbatical leave the number of days that should be subtracted from their credited sick leave on account of illness during the said leave.
C. Required Medical Examinations
1. The Board agrees to provide any and all physical or health examinations the Board may require, free of expense to all Teachers except for X-rays. If, in the course of the premium year, the Plan benefits for a Teacher and the Teacher's family have been exhausted, the charge for any additionally required X-ray of the Teacher will be reimbursed by the Board.
2. If the Teacher chooses to decline the services of any licensed practitioner designated by the Board, he/she may select any licensed practitioner, approved by the Board, in which case the cost of such physical or health examination shall be borne by the Teacher.
D. Unused Sick Leave
1. Payment for unused accumulated sick leave upon retirement pursuant to TPAF or PERS, as applicable, shall be paid in accordance with the following schedule and options:
Year Rate per day Maximum Number of Days Maximum Payment
July 1, 2004 $100 150 $15,000
July 1, 2005 $100 150 $15,000
July 1, 2006 $100 150 $15,000
a. A lump sum payment in January of the year following the year of retirement.
b. Ten (10) equal monthly installments beginning in September of the year of retirement and ending in June of the year following the year of retirement.
c. Twenty (20) equal monthly installments beginning in September of the year of retirement through June of the year following retirement and in September through June of the following year.
d. In the event of the death of retired employee prior to that employee ‘s having received all of that employee's additional remuneration, that employee's estate shall be paid the remainder.
ARTICLE VI
TEMPORARY LEAVES OF ABSENCE
A. Personal Leave
1. A Teacher's absence from school for personal or business reasons when not in excess of a total of three (3) school days during the school year for those with less than twenty (20) years of service in Tenafly, or a total of four (4) school days during the school year for those with twenty (20) or more years of service in Tenafly shall be granted without loss of pay.
2. A Teacher's reason for such leave shall be stated in writing in advance to the building Principal except when extenuating circumstances does not permit advance notification.
3. The exact reason shall be stated unless the reason is considered very personal by the teacher, in which case the word "Personal" may be used.
4. Additional days, beyond those days allowed, may be granted at the discretion of the Superintendent. Any such additional personal leave granted at the discretion of the Superintendent shall be with full pay less the amount of the prevailing substitute teacher rate of pay.
5. Personal day requests for the day immediately preceding or immediately following a vacation or school holiday will be considered only under exceptional circumstances. Upon written application, such requests may be granted at the sole discretion of the Superintendent of Schools.
6. Personal days shall not be used on any days that school is re-scheduled to make up an emergency closing if the personal days are used for vacation purposes.
B. Anticipated Disability Leave (Including Maternity Leave)
1. Any Teacher who anticipates undergoing a state of disability such as, but not limited to, surgery, hospital confinement, medical treatment, pregnancy, etc., may apply for a leave of absence based upon such anticipated disability in accordance with provisions hereinafter set forth, in which instance such leave of absence shall be chargeable to the accumulated sick leave, if any, of said Teacher. All Teachers covered by this Agreement anticipating such a state of disability shall notify the Superintendent through their Principal of the condition expected to result in disability as soon as the condition which may result in disability is known, and shall submit to the Superintendent (i) a certificate from his/her physician verifying the condition expected to result in disability and the physician's prognosis as to the anticipated duration of such disability, and (ii) if requesting a leave under this Article, a written request specifying the date on which he/she wishes to commence said leave and the date on which he/she wishes to return to employment following recovery from said disability.
2. A Teacher who desires to continue in the performance of his/her duties during a period expected to lead to a state of disability shall be permitted to do so provided said Teacher produces a statement from his/her physician stating that said Teacher is physically capable of continuing to perform his/her duties and further stating up to what date, in the opinion of said physician, the Teacher is capable of performing said duties.
3. In no event the Board be obligated to permit a Teacher anticipating a state of disability to continue in the performance of his/her duties where the performance of said Teacher had substantially declined from that performance demonstrated by said Teacher at the time immediately prior to the time when notification was given or should have been given of the state of anticipated disability. The Board may require any Teacher desiring to continue in the performance of his/her duties during the period preceding an anticipated disability to submit to the Board, upon the request of the Board not more than once per month, a certificate from his/her physician certifying that said Teacher is able satisfactorily to continue to perform his/her duties.
4. The Board shall have the right to require any Teacher who has been on disability leave and who desires to return to his or her duties by a fixed date following recovery from disability to produce a certificate from his/her physician stating that he/she is capable of resuming his/her duties, which shall be confirmed by the school medical inspector.
5. Whenever, in the opinion of the Board, the dates of the commencement of an anticipated disability leave and/or the dates of the resumption of duties would substantially interfere with the administration of the school or with the education of the pupils, the requested dates may be changed by the Board if, in the opinion of the school medical inspector, such change is not medically contra-indicated.
6. A Teacher who has undergone hospital confinement shall be expected to resume his/her duties within fifteen (15) calendar days of the date of discharge from the hospital; provided, however that the resumption of duties is not medically contra-indicated; and provided, further, that said Teacher has submitted a certificate from his/her physician certifying that said Teacher is able satisfactorily to resume the performance of his/her duties.
7. Where a disability leave has been approved, the commencement or termination dates thereof may be further extended or reduced for medical reasons upon application by the Teacher to the Board accompanied by a certificate from the Teacher's physician as to the advisability of such extension or reduction. Such extensions or reductions shall be granted by the Board for additional reasonable periods of time provided, however, that the Board may alter the requested dates upon a finding that such extension or reduction would substantially interfere with the administration of the school and/or with the education of the pupils and, provided, further, that such change by the Board is not medically contra-indicated. All extensions of such leaves shall in any event be subject to the provisions of the N.J.S.A. 18A:30-1 et seq., and, specifically, N.J.S.A. 18A:30-7.
8. These provisions shall not be deemed to impose upon the Board any obligation to grant or extend a leave of absence of any non-tenured Teacher beyond the end of the contract school year in which the leave is originally granted.
9. Where the anticipated disability leave is for pregnancy reasons, pregnant Teachers applying for leaves of absence under the provisions of this Section may simultaneously make application for a child-rearing leave in accordance with the provisions of Section C of this Article.
C. Child-Rearing Leave
1. In the case of the birth of a child or the placement of a child under the age of five (5) years for adoption, any Teacher shall have the right to apply for a wave without pay or any other benefits provided herein for child-rearing purposes.
2. In cases where both husband and wife may be Teachers in this school system, only one of said persons may be entitled to such leave.
3. A child-rearing leave shall be granted for a period of up to the end of the school year in which the birth of the child or the placement of a child under the age of five (5) years for adoption occurs, but such leave shall be automatically extended, in the cases of tenured Teachers only, upon notification by a tenured Teacher, for one (1) additional school year. Such notification by such tenured Teacher for an extension of such child-rearing leave must be given to the Superintendent no later than March 1st. Such child-rearing leave for such tenured Teacher may, in the absolute discretion of the Board, be extended, upon request by such tenured Teacher made to the Superintendent in writing at least three (3) months prior to the expiration of the second period thereof, but in no event later than March 1st, for a second additional school year.
4. Where a child-rearing leave is requested, the Teacher requesting such leave shall not be permitted to return to the school system following such leave during the last six (6) weeks of the school year.
5. Applications for child-rearing leave must be filed at least one hundred twenty (120) days before the anticipated birth of the child or immediately upon termination of the disability leave. Application for child-rearing leave in connection with the placement of a child for adoption shall be filed upon receipt by a Teacher of a notice of such placement.
6. Where a Teacher who has been granted a child-rearing leave returns to the system, such Teacher may be assigned to any position decided upon by the Superintendent so long as such assignment is within the certification of such Teacher.
7. Anything to the contrary notwithstanding, a child-rearing leave granted to a non-tenured Teacher need not be extended beyond the end of the contract year in which the leave is granted. In the case of a non-tenured Teacher who shall exercise his/her right to take child-rearing leave, the period of said leave shall not be included in the minimum period required by statute to attain tenure, and said Teacher shall not acquire tenure during such leave.
8. The dates for the commencement and termination of child-rearing leave shall in all cases be subject to and based upon a finding and determination by the Board that such leaves will not interfere substantially with the administration of the school or with the education of the pupils.
9. During a child-rearing leave, a Teacher shall not be eligible for credit on the salary guide or any other benefits provided by this Agreement.
D. Emergency Disability Leave
1. If a Teacher requires a disability leave of absence because of an emergency not herein specified, such leave may be granted at the discretion of the Superintendent with the approval of the Board, but shall not in any case exceed the portion or remainder of the school year in which the leave may be granted.
E. Military Leave
1. Teachers serving in any branch of the armed forces of the United States or full-time service of the American Red Cross, in time of war or an emergency, during their employment in Tenafly, shall continue to enjoy the same benefits as other Teachers and shall not lose tenure, seniority or pension status.
2. The time spent in said military service shall be counted for salary purposes as if it were time spent in the active employ of the Board. However, no salary shall be paid nor shall other benefits not specified in this Article accrue or be granted.
3. Teachers with active reserve status in the Federal Reserve or National Guard shall be permitted to serve required reserve training duty without loss of salary for a period not to exceed ninety (90) calendar days. Said reserve duty time shall not be charged as vacation or personal leave.
4. For purposes of determining salary, newly employed Teachers with full-time, active duty military experience shall be credited with an equivalent number of years as if actually spent in teaching. The amount of credit for such full-time active duty military service, however, shall not exceed four (4) years. N.J.S.A. 18A:29-11.
F. Other Leaves
1. Absences during any one (1) school year for the following reasons, which are not chargeable against a Teacher's accumulated sick leave, shall be allowed with full pay, except as otherwise provided, and subject to the limitations set forth in this Article.
a. Serious Illness or Injury in Immediate Family
For no more than a total of five (5) school days per year, for serious illness or injury to a member of the Teacher's immediate family, i.e., husband, wife, child, mother, father, sister, brother, mother-in-law, father-in law, daughter-in-law, son-in-law, domestic partner as defined by NJSA 26:8A-10, or any other relative, provided such relative lives within the Teacher's immediate household. Within five (5) days after returning to work, the Teacher shall file with the Superintendent a physician's certificate or sufficient explanation showing that the absence was for said reasons. Unsubstantiated absences shall result in full deduction of pay. Leave for the purpose of attending to serious illness or injury as provided herein may be extended at the discretion of the Superintendent to a maximum of ten (10) school days wherein the Teacher absent between the 6th and 10th day, inclusive, shall receive as compensation, the difference between the substitute rate of pay and the per diem rate of said Teacher.
b. Quarantine
Absence of a Teacher from school on account of the Teacher's being quarantined by a Board of health because of the contagious disease of a third person.
c. Death in Immediate Family
For no more than a total of five (5) school days per school year for death in the Teacher's immediate family, as defined previously in this Article and which for purposes of Section C shall also include grandchildren.
d. Death of a Relative or Friend
For no more than one (1) school day per school year for a death of a friend or of a relative outside of the Teacher's immediate family.
e. Jury Duty, Subpoena or Legal Process
Required absence by a teacher by a reason of required jury duty, a subpoena, or legal process issued by court of competent jurisdiction, except that a Teacher serving on required jury duty shall receive the regular per diem contracted salary less any monies received for service for jury duty, and no salary shall be paid to a Teacher for time spent in court or before any administrative agency in any case involving an action instituted by a Teacher against the Board. The subpoena or other evidence of legal process as to the Teacher's required attendance in court or before any administrative agency shall be filed with the Superintendent through the Principal's office.
f. School Purposes
Absences which are for school purposes as recommended by the building principal and approved by the Superintendent at his/her discretion.
2. For the purposes of this Article, all substitute deductions shall be made at the then prevailing Board rate.
ARTICLE VII
INSURANCE
A. Health Insurance
The Board shall, pursuant to appropriate rules and regulations relating to the State Health Benefits Program, pay one hundred (100) percent of the cost of the State Health Benefits Plan (which shall include Blue Cross Blue Shield and Major Medical) and one hundred (100) percent of the cost of a dental plan for those staff members herein covered who receive a salary or wages for a minimum of twenty (20) in-school work day hours per week, and for the spouses and dependent children of such staff members.
B. Eligibility
In order to be eligible for insurance benefits, a staff member must be appointed for a minimum of a .5 contract. A .5 contract shall be defined as a workload which is one-half (1/2) the time and responsibility required of a teacher at that level who is appointed to a full-time contract. Coverage shall include spouses and dependent children.
ARTICLE VIII
CREDIT UNION AND TAX SHELTERED ANNUITY
The Board agrees to make payroll deductions for the Paragon Federal Credit Union, Prudential Insurance Company of America Tax Deferred Annuity Plan deposits, or any other annuity as may be defined by NJSA 17B:17-5, as may be requested by employees and agreed upon by the Board, and deposit these funds in such manner as may be prescribed by law.
ARTICLE IX
EXTENDED LEAVE
A. Sabbatical Leave
1. General
a. Sabbatical leave is planned to help maintain instructional services at the highest level of quality and efficiency. While satisfactory service is a prerequisite, sabbatical leave is not a reward for past accomplishments. On the contrary, it is a privilege granted to Teachers for their professional advancement so that they may better serve the local school district.
b. The granting of a sabbatical leave to any Teacher shall be at the discretion of the Board based upon the recommendation of the Superintendent.
2. Eligibility
Any Teacher who has completed at least seven (7) successive years of satisfactory service in the Tenafly Public Schools may, upon the recommendation of the Superintendent, be granted a leave of absence for one (1) or one-half (1/2) academic year for study, or for travel if the travel is clearly related to the professional advancement of the Teacher in question and only if carefully planned to that end.
3. Number of Leaves Authorized
Not more than two (2) per cent of all the Teachers covered by this Agreement shall be granted sabbatical leave during any academic year. The number of persons eligible shall be rounded to the nearest whole number.
4. Application for Leave
a. Application for sabbatical leave shall be made on or before November 15 of the school year preceding that for which leave is being sought. If approved, such leave shall become effective at the beginning of the succeeding school year.
b. Application shall be made in writing in such form as prescribed by the Superintendent and shall state clearly the nature, purpose and professional benefits of the proposed activity for which the sabbatical leave is requested.
c. In recommending sabbatical leave of absence, the Superintendent shall give consideration to the use to be made of the requested leave and to seniority in service within the Tenafly school system. Due consideration shall be given to the reasonable and equitable distribution of sabbatical leaves among the different schools and departments.
d. Each applicant shall be notified by the Superintendent in writing on or before March 15 of the school year preceding that for which leave is being sought of the decision of the Board concerning his or her application.
5. Subsequent Service - Return to Active Duty
a. As a condition to being granted leave, the Teacher shall enter into a written contract, prior to June 30 of the year preceding the year in which the leave is to commence, upon mutually agreeable terms, to continue in the service of the Board for a period of at least two (2) full academic years immediately following the year in which the sabbatical leave is taken.
b. If the Teacher fails to continue in the service of the Tenafly Public Schools after such sabbatical leave, said Teacher shall repay to the Board a sum of money equal to the amount of salary received while on leave, unless such Teacher is incapacitated, has been discharged, or has been released from this obligation for good and sufficient reasons by the Board.
c. A Teacher on sabbatical leave shall confirm to the Superintendent on or before March 1 of the year of leave his or her intention to return to duty at the start of the following school year.
6. Status of Tenure and Pension
The period of sabbatical leave shall count as regular service for the purpose of retirement, and contributions by the Teacher to the retirement fund shall continue as usual during such period. Tenure rights shall not be impaired. The period of time spent on sabbatical leave shall be counted for purpose of salary increment and seniority, just as though the Teacher had actively engaged in teaching.
7. Illness or Accident
In the event that the program of study or travel being pursued by a Teacher on sabbatical leave should be interrupted by serious accident or illness during such leave, as shown by satisfactory evidence submitted to the Superintendent, such an interruption shall not constitute a breach of the conditions of such leave, or prejudice the Teacher from receiving all rights and privileges provided for under the terms of this sabbatical leave policy, provided that the Superintendent was notified of such accident or illness within ten (10) calendar days of its occurrence.
8. Forfeiture of Leave
If the Superintendent is convinced that a Teacher on sabbatical leave is not fulfilling the purpose of such sabbatical leave, he/she shall immediately report this fact to the Board and the Board may terminate the leave immediately after giving the Teacher an opportunity to be heard.
9. Sabbatical Leave to "Anticipated Disability Leave"
If a Teacher on sabbatical leave should ascertain that a disability exists which would necessitate an interruption of his/her sabbatical leave, the Teacher shall immediately report this fact to the Superintendent so that he/she may take appropriate action.
10. Reinstatement
A condition of reinstatement is the presentation of evidence by the Teacher, in the form of a written report as to the manner in which the sabbatical leave was utilized and the results thereof, indicating to the satisfaction of the Superintendent, whose judgment shall be exercised reasonably, and the period of leave has been utilized in good faith for the purpose for which it was granted. The Board shall have the right to transfer or reassign any Teacher, upon reinstatement, within such Teacher's area of certification, as though such Teacher had remained at all times in active service.
11. Duration
Sabbaticals may be for either one-half (1/2) school year or for one (1) full year. Neither the Superintendent nor the Board shall be compelled to recommend or grant any specific ratio of one-half (1/2) or full year sabbaticals.
12. Salary
a. A Teacher on sabbatical leave for the full school year shall receive fifty (50%) percent of his or her contractual salary for the year on sabbatical leave less regular deductions plus an additional five (5%) percent of full contractual salary for each year beyond seven (7) years of service in the district or since the previous sabbatical leave, up to the maximum of seventy-five (75%) percent of full contractual salary.
b. The salary paid to a Teacher on sabbatical leave for one-half (1/2) year shall be the pro rata annual contractual salary for the year on sabbatical leave less regular deductions.
c. Salary checks shall be issued to a Teacher on sabbatical leave as per the salary payment policy for all other Teachers in the Tenafly Public School system.
13. Doctoral Program
a. In the event a Teacher is granted a sabbatical leave to pursue a full doctoral program which requires a year's residency, the compensation for said leave shall be one hundred (100%) percent of his/her contractual salary for that year less regular deductions. As a consideration to being granted such leave, said Teacher shall enter into a written contract, before June 30 in the year preceding the year in which the leave is to commence, upon mutually agreeable terms, to continue in the service of the Board for a period of at least two (2) full academic years immediately following the year in which the sabbatical leave is taken.
b. Except for the length of subsequent service and compensation, sabbatical leave for a doctoral program shall be consonant with all other provisions of this Article.
B. Leave Without Pay
1. The Board, upon recommendation of the Superintendent, may grant a leave of absence without pay to any tenured Teacher for a period of up to one (1) school year for good and sufficient reason. Application for such leave shall be made to the Superintendent on or before November 15 of the school year preceding the school year for which the leave is being sought. Exceptions, in the case of applications made after November 15 of said school year, may be made at the discretion of the Superintendent in cases of emergency.
2. A Teacher on leave without pay shall report to the Superintendent on or before March 1 of the year of leave his or her intention to return to duty at the start of the following school year. The Board shall have the right to transfer or reassign any Teacher, upon reinstatement, within such Teacher's area of certification, as though such Teacher had remained at all times in active service.
3. During such leave, a Teacher shall not be eligible for credit on the salary guide or any other benefits provided by this Agreement.
ARTICLE X
STRIKES - LOCKOUTS
No lockout of employees shall be instituted by the Board during the term of this Agreement. The Association agrees that during the term of this Agreement, neither it nor its officers or members will engage in, encourage, sanction, support, or suggest any form of strike. In the event that Association members participate in such activities in violation of this provision, the Association shall notify those members so engaged to cease and desist from such activities and shall instruct the members to return to their normal duties. In the event that legislation is enacted legalizing teacher strikes, the provisions of this Article shall be null and void, and of no further force and effect.
ARTICLE XI
SAVINGS CLAUSE
Except as otherwise contained herein, the terms and conditions of employment which were in existence on the effective date of this Agreement shall continue in full force and effect for the terms of this Agreement. In the event the Board unilaterally institutes a change in terms and conditions of employment, the Association shall have the right to grieve the propriety of said change in accordance with the provisions of the Grievance Procedure as set forth in Article XV.
ARTICLE XII
FULLY BARGAINED CLAUSE
This Agreement represents and incorporates for the duration of the Agreement the complete and final understanding and settlement by the parties on all issues which were subject of negotiations.
AMENDMENT OR MODIFICATION
This Agreement shall not be amended or modified in any way whatsoever except by written agreement.
NON-WAIVER CLAUSE
The failure of either party to insist upon strict performance of any provision of this Agreement shall not be deemed a waiver of the right thereafter to insist upon performance of that or any other provisions of this Agreement.
ARTICLE XIII
TEACHER EVALUATION
A. Observation and Evaluation of Tenured and Non-Tenured Staff Members
The New Jersey Administrative Code (N.J.A.C. 6:3-4.3, Evaluation of tenured teaching staff members) will be followed by the Board in carrying out the observation and evaluation of tenured teaching staff members, including both those assigned to, and those not assigned to, regular classroom teaching duties.
The non-tenured teachers' evaluation law (N.J.S.A. 18A:27-3.1 et seq.) and the New Jersey Administrative Code (N.J.A.C. 6:3-4.1, Supervision of instruction: observation and evaluation of non-tenured teaching staff members) will be followed by the Board in carrying out the observation and evaluation of non-tenured staff members, including those assigned to, and those not assigned to, regular classroom teaching duties.
The procedures for the supervision of instruction, observation and evaluation of both tenured and non-tenured teaching staff members, including both those assigned to, and those not assigned to, regular teaching duties, shall be as follows:
1. Observation and Evaluation of Teachers Assigned to Regular Classroom Teaching Duties.
The procedures for the supervision of instruction, observation and evaluation of tenured and non-tenured teaching staff members assigned to regular classroom teaching duties shall conform with N.J.A.C. 6:3-4.3 (Evaluation of tenured teaching staff members) and N.J.A.C. 6:3-4.1 (Supervision of instruction: observation and evaluation of non-tenured teaching staff members) and shall be as follows:
(a) The term "Observation", as applied to a teaching staff member assigned to regular classroom teaching duties, shall be construed to mean a visitation to a classroom by a member of the administrative/supervisory staff of the District who holds an appropriate certificate for the supervision of instruction (hereinafter referred to as the "Evaluator") for the purpose of observing the performance of the instructional process by the teaching staff member. Such observation shall be conducted openly and with full knowledge of the teaching staff member.
(b) The term "Evaluation" as applied to a teaching staff member assigned to regular classroom teaching duties, shall be construed to mean a written evaluation report prepared by the Evaluator who visits the classroom for the purpose of observing the performance of the instructional process by the teaching staff member. The written evaluation report has as its purpose the improvement of the quality of instruction, should be as comprehensive as possible, and should describe the lesson, command position aspects, identify deficiencies and extend assistance for the correction of such deficiencies.
(c) Evaluators shall have been appointed to such positions by the Board.
(d) Each non-tenured teaching staff member shall be observed and evaluated at least three times during each school year but not less than once during each semester, provided that the number of required observations and evaluations may be reduced proportionately when an individual non-tenured teaching staff member's terms of service is less than one academic year.
(e) Each tenured teaching staff member shall be observed and evaluated at least once each school year.
(f) Observations and Evaluations shall relate only to school related activities and responsibilities. Evaluators shall have the right to determine when an Observation and Evaluation shall be made. In selecting the times for Observations and Evaluations, an Evaluator shall avoid making Observations and Evaluations at times when, in the opinion of the Evaluator, a fair Observation and Evaluation cannot be made.
(g) Each Observation shall be conducted for a minimum duration of one class period (44 minutes) in the high schools and middle school and one complete subject lesson (30 minutes) in an elementary school.
(h) Each Observation and Evaluation shall be followed, within a reasonable period of time, but in no instance more than 15 calendar days after the Observation, by a conference between the Evaluator and the teaching staff member, provided, however, that the teaching staff member's signature shall not be deemed to signify agreement with the contents. Both parties to such conference will review and sign the Evaluation and retain a copy for his/her records. In the event that both the Evaluator and the teaching staff member agree that there has been an oversight or a mistake of fact in connection with any Evaluation, such Evaluation shall be rewritten, at said conference, to correct the agreed upon oversight or mistake of fact. The teaching staff member shall have the right to submit a written disclaimer of such Evaluation within 10 calendar days following the conference, and such disclaimer shall be attached to each party's copy of the Evaluation.
2. Observation and Evaluation of Teachers Not Assigned to Regular Classroom Teaching Duties.
The procedures for the supervision of instruction, observation and evaluation of tenured and non-tenured teaching staff members not assigned to regular classroom teaching duties (including, but not limited to, school nurses, guidance counselors, remedial instruction specialists, Title I teachers, compensatory education teachers, speech therapists, media specialists, school psychologists, school social workers, learning disabilities teachers, television coordinator, district media coordinator and subject coordinator) shall conform with N.J.A.C. 6:3-4.3 (Evaluation of tenured teaching staff members) and N.J.A.C. 6:3-4.1 (Supervision of instruction: observation and evaluation of non-tenured teaching staff members) and shall be as follows:
(a) The term "Observation" as applied to a teaching staff member not assigned to regular classroom teaching duties, shall be construed to mean a visitation or visitations by an Evaluator, for the purpose of observing the performance of duties by the teaching staff member, to a work station in, or in other than, a classroom setting during but not limited to times when the teaching staff member is interacting with students, parents, teachers or administrators, or times when the teaching staff member is performing any duty related to his/her responsibilities as set forth in the job description for the position. The Observation shall be conducted openly and with the full knowledge of teaching staff member.
(b) The term "Evaluation" as applied to a teaching staff member not assigned to regular classroom teaching duties, shall be construed to mean a written evaluation report prepared by the Evaluator who visits a work station for the purpose of observing the performance of the teaching staff member. The written evaluation report has as its purpose the improvement of the quality of the education program, should be as comprehensive as possible, and should describe the duties being performed, commend positive aspects, identify deficiencies and extend assistance for the correction of such deficiencies.
(c) Evaluators shall have been appointed to such positions by the Board.
(d) Each non-tenured teaching staff member shall be observed and evaluated at least three times during each school year but not less than once during each semester, provided that the number of required observations and evaluations may be reduced proportionately when an individual non-tenured teaching staff member's term of service is less than one academic year.
(e) Each tenured teaching staff member shall be observed and evaluated at least once each school year.
(f) Observations and Evaluations shall relate only to school related activities and responsibilities. Evaluators shall have the right to determine when an Observation and Evaluation shall be made. In selecting the times for Observations and Evaluations, an Evaluator shall avoid making Observations and Evaluations at times when, in the opinion of the Evaluator, a fair Observation and Evaluation cannot be made.
(g) Each visitation which constitutes a part of an Observation may, in the discretion of the Evaluator, take place for time periods of varying durations. Prior to writing the Evaluation of each teaching staff member not assigned to regular classroom duties, the Evaluator shall have observed the teaching staff member for a minimum cumulative amount of observation time which is equivalent to one class period (44 minutes) in the High School and Middle School or one complete subject lesson (30 minutes) in each elementary school.
(h) Immediately after completion of each of the cumulative observation periods, the Evaluator shall notify the teaching staff member that the cumulative observation period in question has been completed.
(i) Each cumulative observation period and Evaluation shall be followed, within a reasonable period of time, but in no instance later than 15 calendar days after notification by the Evaluator to the teaching staff member of the completion of the cumulative observation period in question, by a conference between the Evaluator and the teaching staff member. Both parties to such conference will review and sign the Evaluation and retain a copy for his/her records, provided, however, that the teaching staff member's signature shall not be deemed to signify agreement with the contents. In the event that both the Evaluator and the teaching staff member agree that there has been an oversight or a mistake of fact in connection with any Evaluation, such Evaluation shall be rewritten, at said conference, to correct the agreed upon oversight or mistake of fact. The teaching staff member shall have the right to submit a written disclaimer of such Evaluation within 10 calendar days following the conference, and such disclaimer shall be attached to each party's copy of the Evaluation.
B. Summary Evaluation of Tenured and Non-Tenured Staff Members
In addition to the observations and evaluations referred to above, there shall, each year, be a written Summary Evaluation of each tenured and non-tenured teaching staff member's total performance as an employee of the Board.
The procedures for Summary Evaluations of both tenured and non-tenured teaching staff members, including both those assigned to, and those not assigned to, regular classroom teaching duties, shall be as follows:
1. Annual Summary Evaluation
(a) The Summary Evaluation shall be construed to consist of an annual conference followed by a written Summary Evaluation report prepared by Board designed representative(s) who shall assemble all evidence available concerning a teaching staff member's services to the District
including any relevant information from other members of the administrative staff. The data may include but is not necessarily limited to anecdotal records, work samples (teacher, student), observations, review of personnel files, interviews/conferences, review of records (student, class, school), self-appraisal, standardized testing of students, criterion-referenced testing of students, review of unit-lesson plans, professional interactions and unsolicited comments (parent, peer, community, student).
(b) The annual conference and written report which constitute the Summary Evaluation are designed to promote professional excellence, improve job skills, assist student learning and growth, and provide a basis for the review of performance of teaching staff members.
(c) The conference between the Board designated representative(s) and teaching staff member shall include (i) an analysis of the teaching staff member's performance of skills, interpersonal relations, and professional responsibilities as set forth in the job description for the position, (ii) a discussion of areas of strength, (iii) recommendation for the position, (iv) a review of the teaching staff member's progress toward any previously stated professional improvement plan and (v) an analysis of pupil progress indicators.
(d) The annual conference shall be followed by the preparation in final form by the Board designated representative(s) of the written Summary Evaluation report which shall contain the basic information discussed during the annual conference. The Board designated representative(s) shall sign the written Summary Evaluation report and forward the same to the teaching staff member. The teaching staff member shall have 5 school days following the receipt of the written Summary Evaluation report within which to (i) review the written Summary Evaluation report with the Board designated representative(s) and (ii) sign it. In the event that both the Board designated representative(s) and the teaching staff member agree that there has been an oversight or a mistake of fact in connection with the written Summary Evaluation report, such written Summary Evaluation report shall be rewritten to correct the agreed upon oversight or mistake of fact.
(e) The teaching staff member shall have 10 school days from the date of the signing within which to attach a written disclaimer. The written Summary Evaluation report shall not be forwarded by the Board designated representative(s) to the Superintendent of Schools and the Assistant Superintendent of Schools for their review until after the expiration of 10 school days from the date of signing by the teacher.
2. Additional General Procedures
(a) Copies of all cited statutory provisions and regulations along with criteria for observation, job description, and evaluation forms shall be distributed to all teaching staff members in September of each school year. Teaching staff members hired after the beginning of the school year shall receive copies of the above cited materials upon employment.
(b) Any amendment of evaluation policy and/or procedures shall be distributed to each teaching staff member within 10 school days after adoption.
(c) Evaluation forms and criteria, as developed by the Board from time to time after consultation with the Association, shall be used for all observations and evaluations.
(d) All teaching staff members shall be required to sign written evaluation forms and Summary Evaluations, but the signing of such forms shall not be deemed to signify that a teaching staff member agrees with the contents.
(e) For non-tenured staff members, the Summary Evaluation report shall serve as the basis for recommendations regarding re-employment.
C. General
1. The job description for Teachers, which was adopted by the Board in August 1979, shall not be construed as having effected any change in terms and conditions of employment of Teachers. Said job description shall not be unilaterally changed by the Board insofar as any such change would affect terms and conditions of employment.
2. All complaints about a Teacher or materials or facts derogatory about a Teacher's conduct, service, character or personality, which are received from without the administration, the effect of which, or the cumulative effect of which, may, in the judgment of the administration, affect a Teacher's status in the District, shall be investigated by the appropriate administrator(s). At the time the administration receives a complaint or materials or facts directly or indirectly or circumstantially derogatory about a Teacher, the effect of which, or the cumulative effect of which, may, in the judgment of the administration, affect a Teacher's status in the District, the Teacher in question shall be notified in writing of, and be served, either personally or by certified mail, return receipt requested, with a copy of statement of the complaint or materials of facts derogatory about that Teacher. Neither complaint nor materials or facts derogatory about that Teacher shall appear in any evaluation or influence an evaluation or be placed in the Teacher's personnel file, unless the investigation, in the opinion of the administrator(s), substantiates the complaint or materials of facts derogatory about the Teacher. The Teacher in question shall have the right of representation by the Association for the duration of the investigation. If an administrator's written report results from the investigation, said report shall be placed in the Teacher's personnel file and a copy thereof served, either personally or by certified mail, return receipt requested, upon said Teacher, in which event the Teacher in question shall have the right, within ten (1) days after receipt of a copy of such report, to reply in writing thereto and to have said reply placed in that Teacher's personnel file and appended to the administrator's report.
3. Except for personal references solicited by the Board at the time of employment and as to which the Teacher has waived his/her right of inspection or review, the contents of a Teacher's personnel file shall be subject to the right of the Teacher, upon his/her request made at least two (2) school days in advance, to review, at a mutually agreeable time, the contents of his/her personnel file in the company of a representative of his/her own choosing and in the presence of a representative of the Board.
ARTICLE XIV
TEACHER YEAR
A. Attendance
All Teachers shall be required to sign in each time upon entering the building and sign out each time when leaving the building, but shall not be required to indicate the times of arrival and departure.
B. Number of Days
The work year for all Teachers employed on a ten (10 month basis shall not exceed one hundred and eighty-five (185) days. Teachers new to the system may, in the discretion of the Board, be required to attend up to three (3) additional days for orientation at the beginning of the year.
Effective in the 1998-99 school year, if the district uses no more than two of the three designated calendar days for inclement weather or other reason during the school year, the work year for all teachers employed on a ten (10) month basis shall be reduced by one (1) day.
Effective in the 1998-99 school year, all elementary teachers shall be released at 12:45 p.m. and all middle school and high school teachers shall be released at 12:30 p.m. on the last working day before the December recess. (These early release times are contingent upon teachers having satisfied the four-hour minimum instructional day established by N.J.A.C. 6:20-1.3)
If in any school year wherein evening parent/teacher conferences are scheduled a day becomes available due to underutilization of emergency closing days, notification of the specific day and date of an additional full non-work day for Certificated personnel will be given to the T.E.A. by April 1.
C. Calendar Discussions
1. The Superintendent shall meet and confer with representatives of the Association prior to the adoption of the calendar for the following year. The Board shall have the ultimate and final authority as to the preparation and adoption of the calendar.
2. Upon final adoption of the calendar by the Board, a copy shall be provided to each Teacher.
D. Guidance Counselors
The Board shall have the right to schedule guidance counselors to work up to three (3) days following the end of the work year and up to three (3) days preceding the beginning of the work year unless the Principal and the Counselor agree to a different combination of the six days, at the rate of 1/200th per day. Guidance counselors scheduled to work either beyond the school year or before the beginning of the school year as provided for above shall receive five (5) days advance notice before the scheduled day.
ARTICLE XV
GRIEVANCE PROCEDURE
A. Purpose - The purpose of this Article is to establish a procedure under which a Grievance may be processed as rapidly as possible and resolved at the lowest possible level. All Parties in Interest shall endeavor to expedite the process and to keep the proceedings as informal and confidential as the procedure at any given level will permit.
B. Definition of Terms
"Grievance" is a claim of an Aggrieved Person concerning the interpretation, application, or violation of this Agreement or of Board policies or administrative decisions affecting the terms and conditions of employment of a Teacher or group of Teachers. A grievance shall not be deemed to include: (a) any matter as to which a prescribed method of review is required by law, or by a rule or regulation of the Commissioner or State Board of Education; or (b) any matter as to which the Board does not have the legal authority to act.
"Aggrieved Person" is the Teacher(s) or the Association claiming a Grievance.
"Party in Interest" is an Aggrieved Person and any other person who might be required to take action or against whom action might be taken in order to resolve a Grievance.
C. Time Limits
1. The number of days indicated on each level shall be considered as a maximum. The time limits specified may, by mutual agreement, be enlarged or reduced.
2. The failure of an Aggrieved Person to proceed to the next level within the specified time limits shall be deemed to be an acceptance of the decision rendered at the level last resorted to and shall constitute a waiver of any further proceedings on the basis of the Grievance in question.
3. In the event a Grievance is filed at such time that it cannot be processed through all the steps in this Grievance Procedure by the end of the school year, and, if left unresolved until the beginning of the following school year, could result in irreparable harm to a Party of Interest; the time limits set forth herein shall be reduced so that the Grievance Procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
D. Levels of Procedure
1. Level One (Building Level) - Step One:
An Aggrieved Person with a Grievance shall, within forty-five (45) school days after either the occurrence of the event or acts which give rise to the Grievance or the date on which the Aggrieved Person knew of or would be reasonably expected to know of such, first orally discuss it with his or her Principal, or immediate supervisor, with the objective of resolving the matter informally. Failure to act within said forty-five (45) school day period shall be deemed to constitute an abandonment of the Grievance. The Aggrieved Person and the appropriate Principal, or immediate supervisor shall, at the conclusion of such oral discussion, execute a form acknowledging such discussion. The Principal, or immediate supervisor, shall communicate his decision to the Aggrieved Person within five (5) school days next following said oral discussion. If the Principal, or immediate supervisor, fails to communicate his decision within said five (5) school day period, the relief sought shall be deemed denied and the Aggrieved Person may proceed to Step Two of Level One of the Grievance Procedure.
Step Two:
If the relief sought in Step One of Level One is denied, the Aggrieved Person may, within five (5) school days following the denial, file his Grievance in writing with the Principal setting forth the specific allegations of fact which gave rise to the Grievance, the specific provision(s) of the Agreement or Board Policy or the particular past practice alleged to have been violated, the date as of which the event or acts which gave rise to the Grievance first occurred, and the relief sought. If the appeal is not timely filed in writing with the Principal, the decision at Step one of Level One shall be final and the matter closed. If the appeal is timely filed with the Principal, then the Principal shall communicate his decision in writing to the Aggrieved Person within five (5) school days next following the filing of the written Grievance. If the Principal fails to communicate his decision in writing within the time prescribed, the relief sought shall be deemed denied and the Aggrieved Person may proceed to the next level of the Grievance Procedure.
2. Level Two (Superintendent's Level:
If the Aggrieved Person is not satisfied with the disposition of the Grievance at Step Two of Level One, the Aggrieved Person may, within three (3) school days after the decision at Level One, appeal the decision at Step Two of Level One in writing to the Superintendent setting forth the respects in which the Aggrieved Person disagrees with the decision at Step Two of Level One and the action requested to be taken by the Superintendent. If the appeal is not timely filed in writing with the Superintendent, the matter shall be orally discussed between the Superintendent or his designee and the Aggrieved Person. The Aggrieved Person and the Superintendent or his designee shall, at the conclusion of such oral discussion, execute a form acknowledging such discussion. The Superintendent or his designee shall communicate his decision in writing to the Aggrieved Person within fifteen (15) school days after the conclusion of said oral discussion. If the Superintendent or his designee fails to communicate his decision in writing within the time prescribed, the appeal shall be deemed denied and the Aggrieved Person may proceed to the next Level of the Grievance Procedure.
3. Level Three (Board Level):
If the Aggrieved Person is not satisfied with the disposition of his Grievance at Level Two, the Aggrieved Person may, within eight (8) school days after the decision at Level Two, file an appeal in writing with the Board setting forth the respects in which the Aggrieved Person disagrees with the decision of the Superintendent and the action requested to be taken by the Board. If the Aggrieved Person fails to timely file the written appeal with the Board, the decision at Level Two shall be final and the matter closed. If the Aggrieved Person files the written appeal with the Board within the time limit provided, the matter shall be orally discussed by and between the Board, or its designee, the Association and the affected Teacher within ten (10) school days after the appeal has been filed with the Board; and the Board, or its designee, shall communicate its decision in writing to the Association within ten (10) school days after the conclusion of said oral discussion. If the Board, or its designee, fails to communicate its decision in writing within the time prescribed, the appeal shall be deemed denied and the Association may proceed to the next Level of the Grievance Procedure.
4. Level Four (Arbitration Level:
If any Grievance is not resolved at Level Three, the Association may, within ten (10) school days after the decision of the Board at Level Three, serve written notice on the Board of its desire to submit the Grievances to binding arbitration as hereinafter provided. If timely notice is not served upon the Board, the decision at Level Three shall be final and the matter closed.
5. Arbitration Procedures:
a. In the event that the Grievance is to be submitted to binding arbitration before an arbitrator, the Association and the Board shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator, the Association or the Board shall, within ten (10) school days after the request to submit the Grievance to binding arbitration, request a list of arbitrators to be submitted by the Public Employment Relations Commission (PERC). The Board and the Association shall then be bound by the rules and procedures of the Public Employment Relations Commission (PERC) in the selection of an arbitrator.
Level Three shall be final and the matter closed.
b. The arbitrator selected shall confer with the representatives of the Board and the Association and hold a hearing promptly and shall issue his decision not later than twenty (20) calendar days from the date of the close of the hearing, or from the final statements and proofs, including briefs and legal memoranda, are submitted to the arbitrator. The arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning, and conclusions on the issues submitted. The authority of the arbitrator is limited to the interpretation of, the application of, or the compliance with, the provisions of this Agreement, and the arbitrator shall have no authority to in any way alter, modify, substitute, change, add to or delete from any of the terms of this Agreement, and the arbitrator shall, in interpreting, applying, or making a determination as to compliance with, the provisions of this Agreement, be bound by, and decide in accordance with, all applicable New Jersey and Federal Statutes, the Constitutions of the State of new Jersey and of the United States, and all applicable decisions of the Commissioner of Education, the State Board of Education, the Public Employment Relations Commission, the Courts of the State of New Jersey and the Federal Courts having jurisdiction over matters arising within the State of New Jersey. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties.
c. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and 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 the same.
E. Rights of Teachers to Representative
1. An aggrieved Person may at Levels One, Two or Three of the Grievance Procedure, be accompanied or represented by not more than two (2) persons of his own choosing, of whom one (1) or both may be designated representatives of the Association. When an Aggrieved Person is not represented by the Association, a representative of the Association shall have the right to be present and to state its views at all Levels of the Grievance Procedure after Level One.
2. No reprisals of any kind shall be taken by the Board or by any member of the administration against any Party in Interest, any Building Representative, any member of the Association or any other participant in the Grievance Procedure by reason of such participation.
F. Miscellaneous
1. If a Grievance affects a group or class of Teachers, the Association may, within forty-five (45) school days after either occurrence of the events or acts which give rise to the Grievance or the date on which the Teachers know of or would be reasonably expected to know of such, first orally discuss it at Level Two with the Superintendent with the objective of resolving the matter informally. Failure to act within said forty-five (45) day period shall be deemed to constitute an abandonment of the Grievance. The Superintendent shall communicate his decision to the Association within ten (10) school days next following said oral discussion. If the Superintendent fails to communicate his decision within said ten (10) school days, the relief sought shall be deemed denied and the Association, may proceed to Level Three and then, if necessary, Level Four of the Grievance Procedure. The Association may process such a Grievance through such Levels of the Grievance Procedure even though one (1) or more members of a group or class of affected Teachers does not wish to do so.
2. Written decisions rendered at Levels One, Two and Three of the Grievance Procedure shall be transmitted promptly to all Parties in Interest and to the Association and shall, where any of the relief sought has been denied, set forth the reasons therefor.
3. If a Party in Interest other than the Aggrieved Person is a Teacher who may be affected by the disposition of the Grievance, he shall be deemed an Aggrieved Person and shall be bound by the decision.
4. All documents, communications and records dealing with the processing of a Grievance shall be filed in a separate Grievance file and shall not be kept in the personnel file of any of the Parties in Interest.
5. Forms for acknowledging grievance discussions, filing Grievances, and rendering determinations shall be in the forms annexed hereto as Exhibits "B" through "F" and shall be given the distribution set forth therein so as to facilitate operation of the Grievance Procedure.
6. The meetings under Levels One, Two and Three of the Grievance Procedure shall not be conducted in public and shall include only the Parties in Interest and their representatives. No arbitration hearings under Level Four shall be conducted in public and such hearings shall include only the Parties in Interest, their representatives, their witnesses and such other persons as either party or the arbitrator may deem necessary for the proper processing of the Grievance.
ARTICLE XVI
PLANNING TIME-ELEMENTARY SCHOOLS
1. In addition to their lunch periods, duty-free planning time for elementary teachers engaged in full group class instruction will range from 250 to 280 minutes per week for an average of 265 minutes per week over two weeks. In addition to their lunch periods, planning time of small group instructors (basic skills, resource center, ESL, bilingual, speech and instrumental music) shall be governed by past practice plus an average of 60 minutes per week over two weeks. Full time librarians shall be provided planning time ranging from 190 to 220 minutes per week for an average of 205 minutes per week over two weeks. Full time Physical Education teachers shall be provided planning time ranging from 235 to 265 minutes per week for an average of 250 minutes per week over two weeks.
2. No block of planning time will be less than 30 minutes per day for a classroom teacher. With mutual agreement between staff members involved and the principal, teachers may choose two planning periods on one day and no planning time on another day.
3. Whenever possible, vocal music, physical education, library, art, and world languages teachers' planning time will be provided in 30-minute blocks. When this is not possible, no block less than 15 minutes will count as planning time.
4. The block amount of planning time allotted on any given day in a shortened school week shall be no different than if it were a full five (5) day school week. In a shortened school day the block amount of planning time may be shortened proportionately to the shortened pupil contact time.
5. Planning time, as used in this Article, shall mean non-pupil contact time during the normal student day. Planning time shall be scheduled by the Building Principals.
6. At the discretion of the Building Principal, non-tenured teachers may be required, not more than one (1) time each month, to remain in the classroom when a class is being directed by any one of the art teacher, the music teacher, the physical education teacher, the media specialist, or the classroom teacher.
ARTICLE XVII
SALARIES
A. Progression Along the Pattern of Increases
1. The Board expressly reserves the right to withhold, for inefficiency or other just cause, all or part of a Salary Increase, defined as follows: (a) for any Teacher not at the maximum of any degree level of the Teacher Salary Guide, the annual increment and the negotiated salary adjustment, if any; and (b) for any Teacher at the maximum of any degree level of the Teacher Salary Guide, the negotiated Salary adjustment, if any.
2. In the event that the Board exercises its right to withhold for inefficiency or other good cause any Salary Increase or portion thereof, the Board does hereby agree to employ the following procedure:
a. The Principal shall forward any recommendation to withhold a Teacher's Salary Increase or any portion thereof to the Superintendent of the school year preceding that in which such action would take effect. The Principal shall give to the Teacher against whom the recommendation shall be made written notice of the alleged cause or causes for the recommendation.
b. Once a recommendation is forwarded to a Teacher and the Superintendent, the Teacher may within ten (10) school days request in writing an opportunity to meet with the Superintendent. In the event such a meeting is requested, the Superintendent shall take no action on the recommendation until said meeting occurs.
c. Whenever the Superintendent recommends that the Board withhold a Salary Increase or portion thereof, the Teacher to be so deprived shall be given written notice of such recommendation.
d. If, following such recommendation by the Superintendent, such Teacher desires to pursue the matter further, arrangements shall be made to afford said Teacher reasonable opportunity to appear before the Board and to be accompanied by a representative of his/her own choosing. In order to have such an opportunity, such Teacher must, within seven (7) school days after receipt of written notice of the Superintendent's recommendation, request in writing such a meeting with the Board. The meeting between such Teacher and the Board shall not constitute a plenary hearing.
e. The Board shall be given a reasonable opportunity, following said meeting, to deliberate. If the resultant action of the Board is to withhold a Salary Increase, the Board shall, within ten (10) school days after said meeting, give written notice of such action, together with the reasons therefor to the Teacher concerned.
B. Salaries and Extra Compensation
1. The salary guide for Teachers for 2004-05 shall be set forth in Schedule "A", and for 2005-06 in Schedule "B", and for 2006-2007 in Schedule "C".
2. Extra compensation to be paid Teachers for coaching and sponsoring co-curricular activities shall be as set forth in Schedule "D" attached hereto and made a part hereof.
3. All columns of the BA Schedule
Beginning with the school year 2004-2005 any newly employed staff
member with less than a Master’s degree shall not progress more than six
steps beyond the step on which he/she was initially placed until a master’s
degree has been received. On September 1 or February 1 immediately
following a staff member’s submission of official documentation of
having attained a master’s degree, the staff member shall be placed on the
appropriate step of the master’s salary guide at the step that would have
been attained by normal progression on the guide.
Addition of an MA+60 Column
An M.A.+60 column shall be added to salary guides. Each step shall be $450 above the comparable M.A.+48 step. Credits earned after July 1, 2004 may be counted toward movement from the M.A.+48 to the M.A.+60 column. Up to six (6) of the twelve (12) credits needed to move from the M.A.+48 to the M.A.+60 column may be approved in-service credits.
C. Workshop Compensation Rate
For 2004-2005 an hourly rate of $30.00 shall be paid for participating in district
sponsored and/or approved workshops once the yearly twenty-two (22) hours of
district planned and/or approved activities outside the teacher workday specified
in Article IV. B. Faculty Meetings and Professional Development Activities have
been satisfied. This hourly rate shall be increased to $32.00 for the 2005-2006
school year, and to $34.00 for the 2006-2007 school year. Teachers teaching
such workshops, once they satisfy the same obligations, shall be paid an hourly
rate equal to one and one-half times the participation rates stated above or if the
teacher prefers, this time may be applied to in-service credit.
Teachers that engage in district approved curriculum writing completed and
received in its final version by the district office between July 1 and August 15 shall have a choice of receiving compensation or receiving credit for the hour value assigned to the project assigned by the superintendent or his designee. Credits shall be applied to the fulfillment of the yearly 22 hours of professional development activities described in Section IV B of the contract. Any such work completed and submitted after August 15th shall automatically be applied to the 22 hours requirement.
Teachers who are directed by their supervisors to write curriculum shall have the choice of receiving compensation or receiving credit for the hour value assigned to the project by the Superintendent or designee to be applied to the 22-hour yearly requirement per Article IV. B.
D. Overnight Trip Compensation
Teachers who volunteer to supervise approved overnight trips which are an integral part of the curriculum shall be compensated at the rate of $150.00 per night. This includes, but is not limited to, Camp Bernie, 8th Grade Trip, Frost Valley, Elementary Environment trips. This does not include extended voluntary trips such as the Russia and Montreal trips.
ARTICLE XVIII
PRINTING OF THE AGREEMENT
The cost of printing the duly executed written Agreement by and between the parties shall be borne equally by the parties.
ARTICLE XIX
DURATION OF THE AGREEMENT
The effective term of this Agreement shall be from July 1, 2004 to June 30, 2007.
ARTICLE XX
REPRESENTATION FEE
A. Purpose of Fee
If a teacher does not become a member of the Association during any membership year (i.e., from September 1 to the following August 31) which is covered in whole or in part by this Agreement, said Teacher will be required to pay a representation fee to the Association for that membership year to offset the costs of services rendered by the Association as majority representative.
B. Amount of Fee
Prior to the beginning of each membership year, the Association will notify the Board in writing of the aggregate amount of the regular membership dues, initiation fees and assessments charged by the Association to its own members for that membership year. The representation fee to be paid by non-members will be equal to 85% of said aggregate amount.
C. Deduction and Transmission of Fee
The Board agrees to deduct from the salary of any Teacher who is not a member of the Association for the current membership year, the full amount of the representation fee set forth in Section B above and promptly will transmit the amount so deducted to the Association.
The Board agrees to deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each Teacher during the remainder of the membership year in question. The deductions will begin thirty (30) days after the Teacher begins his or her employment in a bargaining unit position.
D. Termination of Employment
If a Teacher who is required to pay a representation fee terminates his or her employment with the Board before the Association has received the full amount of the representation fee to which it is entitled under this Article, the Board will deduct the unpaid portion of the fee from the last paycheck paid to said Teacher during the membership year in question and promptly forward same to the Association.
E. Mechanics
Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Association.
ARTICLE XXI
FULL AND PART-TIME TEACHER WORK DAY
A. General
1. A part-time teacher is any teaching staff member who is employed by the Board of Education for less than a full-time assignment. A part-time teacher will be paid according to the current negotiated teachers' salary schedule, prorated.
2. Part-time teachers shall begin and end their days at times assigned by the Principal and agreed to by the teachers involved.
3. Part-time teachers shall, unless excused by the Principal, attend, for their full duration, all out of school meetings (including committee meetings) as full-time teachers are required to attend.
4. Part-time teachers shall assume their proportionate share of such other out of school responsibilities as are regularly performed by full-time teachers.
5. Part-time teachers shall be entitled to their proportionate share of such "planning time" as is afforded full-time teachers.
6. Because of differences in the scheduling procedures, assignments and responsibilities at the elementary, middle and high school levels, three different and distinct definitions of a part-time teacher are necessary.
7. Arrival and departure time for professional staff shall be predicated upon the beginning and end of the pupil day as follows:
a. Elementary School Teachers – twenty (20) minutes before and ten (10) minutes after the pupil day. Pupil contact time (instructional time) for elementary teachers will increase by fifteen (15) minutes per day.
b. Middle School Teachers - 30 minutes before and 20 minutes after the pupil day
c. High School Teachers - 10 minutes before and 30 minutes after the pupil day.
8. Professional staff who travel between buildings (except nurses when travelling for medical reasons) shall not be assigned any supervisory duty on days when they travel.
9. Teachers with appropriate certification and expertise may volunteer during their preparation or supervisory time to teach a class for an absent colleague. If a volunteer teaches upon the Principal's request, compensation shall be $40.00 per class. As long as the program continues, the rate of $40.00 shall remain in effect.
10. Flexible scheduling may be permitted where the staff member volunteers for such a schedule and the Principal believes it is in the best interests of the district. The same length of continuous work day, as well as all other provisions of the contract, shall apply to a staff member on a flexible schedule. The flexible schedule shall start no earlier than one hour before the start of the work day in that building and end no later than one hour after the end of the work day in that building.
11. At the Elementary, Middle and High School there shall be one evening parent-teacher conference per semester commencing at 6:30 p.m. and concluding at 9:30 p.m.
At the Elementary Schools there shall be two consecutive early release days (12:45 p.m.) for the purpose of parent-teacher conferences. These parent-teacher conferences shall commence after lunch and continue for the duration of the contractual day. The first early release day in any semester shall be on the day of the evening conference.
12. Any full time high school teacher who assumes a sixth period of
instruction at the high school or middle school shall receive an annual stipend equal to one-sixth of the teacher’s annual salary or prorated
portion thereof if the assignment is less than the entire school year. Such
teacher shall not have a supervisory assignment while assuming a sixth
period of instruction. Such assignment is to be made under the following
conditions:
1. After advertising and no qualified and
appropriately certified person can be found.
2. No volunteers are available;
3. No teacher will be assigned two years in a row if
there is another qualified teacher on staff.
At any one time the District shall direct no more than two
full time classroom teachers to assume a sixth teaching
assignment.
Any middle school teacher who assumes a sixth period of
instruction shall do so on a voluntary basis.
B. Elementary Teacher
1. The basic in-school instructional day for full-time elementary teachers is, exclusive of a forty-five (45) minute duty free lunch period, six hours and forty minutes.
2. Subject to contract provisions of Article XVI and Article XXI, the
district shall have the right to assign elementary teaching staff lunch and
recess duties. The physical location of teachers assigned such duties shall
be at the discretion of the district.
3. Part-time elementary teachers shall be assigned by the principal to periods of in-school work time which are equivalent to a fractional part of the in-school work time required of full-time elementary teachers. Within such in-school work time, a proportionate amount of the "Planning time" provided for in Article XVI of the Collective Bargaining Agreement between the Board and the TEA will be scheduled.
C. Middle School Teacher
1. The full-time middle school teacher's commitments are, in addition to those referred to in section 3 and 4 under the heading "General" above, as follows:
a. Five periods of instruction and/or supervision of students totaling 220 minutes, plus
b. Two periods of preparation time totaling eighty-eight (88) minutes, of which one (1) prep period per week shall be utilized for team planning meetings with nine remaining 44 minute periods duty free, plus
c. Thirty minutes additional time before school and twenty minutes additional time after school, plus
d. Homeroom or, for those staff members who do not have a homeroom assignment, two to three weeks of morning supervision, plus
e. Supervision of students during one (1) evening activity or during one (1) 6th grade or 8th grade overnight activity, plus
f. Supervision of students during the day for two twenty-two (22) minute study halls per week. The Board of Education shall, for the duration of the contract, create no other types of supervision than those in use during the 2003-2004 school year.
2. Part-time middle school teachers shall be assigned by the principal to periods of in-school work time equivalent to a fractional part of the in-school work time required of full-time middle school teachers.
3. Part-time middle school teachers who do not have homeroom assignments shall be required to carry out appropriate fractional part of the supervision required by subsection 1(d) above.
4. The principal and each part-time middle school teacher shall mutually agree upon a daily schedule with a single block of time, if feasible.
D. High School Teacher
1. In the high school, a teacher's assignment, full-time or part-time, is determined by the number of sections that he/she teaches per day. For example, in the English Department, five classes equal a full-time assignment; in the Mathematics Department, five classes equal a full-time assignment; and in the Physical Education area, six classes equal a full-time assignment.
2. A part-time classification in the high school is determined by the number of sections that a teacher teaches. For example, in the English Department, a teacher teaching three classes per day would be teaching three-fifths time. In the Mathematics Department, a teacher teaching three classes per day would be teaching three-fifths time. In the Physical Education area, a teacher teaching four classes per day would be teaching two-thirds time.
3. Supervision A (homeroom and A.M. Supervision time), Supervision B (Study Hall and Special Assignment time) and Conference Planning Time (including before and after school time and that which is in the regular day) are determined in the high school by applying the applicable ratio to the amount of such time as is worked by a full-time high school teacher in the Department or area in question.
4. Effective September 1, 1989, there will be an increase of two (2) supervisory mods at the high school, changing the total number of mods for full time teachers for both instruction and supervision from 53 to 55 mods per week. Part-time teachers shall be responsible for a comparable increase in supervision responsibilities.
5. The principal and each part-time high school teacher shall mutually agree upon a daily schedule with a single block of time, if feasible.
6. The following chart contains breakdowns by the week of the operation in the high school of the part-time definition:
PART-TIME DEFINITION BREAKDOWN BY WEEK
DEPARTMENT Teaching Supervision Supervision Conference
A B Planning
(Minutes by Week)
Math, Foreign
Language, Music, Art,
Home Ec., Bus. Ed.,
Ind. Arts:
(Normal Assignment -
5 Sections)
Full 1,200 50 120 848
Part-time - 1/5 240 10 24 170
Science:
Normal Assignment-
4 Sections)
Full 1,152 50 168 848
Part-time -1/4 288 12 42 212
Physical Education:
(Normal Assignment-
6 Sections)
Full 1,152 50 168 848
Part-time -1/6 192 10 28 141
Social Studies, English:
(Normal Assignment-
5 Sections)
Full 1,200 50 72 896
Part-time -1/5 240 10 15 179
All staff members are eligible to perform supervision. Traveling teachers K-12 will not have supervisory duties on days they travel between schools.
ARTICLE XXII
SEPARABILITY
In any provision of this Agreement, or any interpretations, application or administration thereof, shall be determined by any court or administrative agency having jurisdiction thereof to be contrary to law, such provision, interpretation or administration shall be deemed invalid and inoperative to the extent required by such determination. All other provisions hereof shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective Presidents, attested by their respective Secretaries, and their respective corporate seals affixed hereto, at Tenafly, New Jersey, on this 22nd day of June, 2004.
TENAFLY BOARD OF EDUCATION
________________________
President
________________________
Board Secretary
TENAFLY EDUCATION ASSOCIATION
_________________________
President
Chief Negotiator
T E N A F L Y P U B L I C S C H O O L S
ACKNOWLEDGMENT FORM
LEVEL ONE - (Informal Building Level)
DATE____________________
TIME____________________
The undersigned do hereby acknowledge that they orally discussed this date, at Level One - Step One of the Grievance Procedure set forth in the Agreement between the Tenafly Education Association and the Tenafly Board of Education, the grievance of the Aggrieved Person identified below concerning the following:
______________________________
Signature of Aggrieved Person
______________________________
Signature of appropriate
Principal or Immediate Supervisor
Original - to be retained by Principal or Immediate Supervisor
One Copy - to the Superintendent
One Copy - to the Aggrieved Person
One Copy - to the TEA PR&R Committee Chairperson
T E N A F L Y P U B L I C S C H O O L S
GRIEVANCE FORM
LEVEL ONE - Step Two (Formal Building Level)
This form is to be used for grievance processing in accordance with the Agreement between the Tenafly Education Association and Tenafly Board of Education. Where additional space is needed, addenda are to be used, attached hereto, signed and dated.
AGGRIEVED PERSON_________________________DATE SUBMITTED___________
POSITION________________________SUBMITTED TO______________________
SCHOOL____________________LEVEL ONE-DISCUSSION DATE_______________
LEVEL ONE-DEPOSITION DATE_______________
DESCRIPTION OF GRIEVANCE: (Explain in narrative form all of the allegations of fact which gave rise to the grievance)
DATE OF THE OCCURRENCE OF THE EVENT OR ACTS WHICH GAVE RISE TO THE GRIEVANCE OR THE DATE ON WHICH THE AGGRIEVED PERSON KNEW OR WOULD BE REASONABLY EXPECTED TO KNOW OF SUCH:
CITATION OF CONTRACT PROVISION, BOARD POLICY OR PAST PRACTICE ALLEGED TO HAVE BEEN VIOLATED: (Cite the same with specificity, including the date of adoption)
RELIEF SOUGHT:
SIGNED____________________ DATED_______________
DETERMINATION:
SIGNED____________________ DATED_______________
All copies of this form are to remain intact until a determination has been made. Distribution of copies shall then be made as follows:
Original - to be retained by Principal
One Copy - to the Superintendent
One Copy - to the Aggrieved Person
One Copy - to the TEA PR&R Committee Chairperson
T E N A F L Y P U B L I C S C H O O L S
GRIEVANCE FORM
LEVEL TWO (Superintendent's Level)
This form is to be used for grievance processing in accordance with the Agreement between the Tenafly Education Association and Tenafly Board of Education. Where additional space is needed, addenda are to be used, attached hereto, signed and dated.
AGGRIEVED PERSON_________________________DATE SUBMITTED___________
POSITION________________________SUBMITTED TO______________________
SCHOOL________________LEVEL ONE-STEP TWO DISPOSITION DATE_________
ATTACH COPY OF COMPLETED LEVEL ONE FORM
REASON FOR APPEAL: (Explain in narrative form the reason(s) the grievant disagrees with the decision at Level One)
RELIEF SOUGHT:
SIGNED____________________ DATED_______________
DETERMINATION:
SIGNED____________________ DATED_______________
All copies of this form are to remain intact until a determination has been made. Distribution of copies shall then be made as follows:
Original - to be retained by Principal
One Copy - to the Superintendent
One Copy - to the Aggrieved Person
One Copy - to the TEA PR&R Committee Chairperson
TE N A F L Y P U B L I C S C H O O L S
GRIEVANCE FORM
LEVEL THREE (Board Level)
This form is to be used for grievance processing in accordance with the Agreement between the Tenafly Education Association and Tenafly Board of Education. Where additional space is needed, addenda are to be used, attached hereto, signed and dated.
AGGRIEVED PERSON_________________________DATE SUBMITTED___________
POSITION________________________SUBMITTED TO______________________
SCHOOL____________________LEVEL TWO DISPOSITION DATE______________
ATTACH COPY OF COMPLETED LEVEL ONE AND LEVEL TWO FORMS
REASON FOR APPEAL: (Explain in narrative form the reason(s) the grievant disagrees with the decision at Level Two)
RELIEF SOUGHT:
SIGNED____________________ DATED_______________
DETERMINATION:
SIGNED____________________ DATED_______________
All copies of this form are to remain intact until a determination has been made. Distribution of copies shall then be made as follows:
Original - to be retained by Principal
One Copy - to the Superintendent
One Copy - to the Aggrieved Person
One Copy - to the TEA PR&R Committee
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