1. The right to direct employees of the School District;
2. To maintain efficiency of the School District operations entrusted to them;
3. To hire, promote, transfer, assign and retain employees in positions in the School District; and
4. To suspend, discharge or take other disciplinary action.

1. The Board does hereby recognize the Association as the exclusive representative for collective negotiations concerning terms and conditions of employment for the public school teachers of the Westfield Public Schools.
2. The appropriate bargaining unit of the Westfield Education Association shall be comprised of the following personnel: computer teachers, classroom teachers, library/media specialists (elementary and secondary), supplemental teachers, enrichment teachers, reading specialists, speech specialists, learning disabilities specialists, special education teachers (trainable, educable, neurologically and perceptually impaired), resource room teachers, nurses, physical therapists, social workers, guidance counselors, psychologists, basic skills teachers, ESL teachers, student assistance counselor and athletic trainer (hereinafter collectively referred to as "Teachers").
3. The unit excludes the following personnel, assistant superintendents, coordinator of elementary education, principals, assistant principals, supervisors, director of athletics, all noncertificated personnel and all certificated personnel not under contract.

1. A complaint regarding any matter as to which the Board does not have legal authority to act.
2. Any matter as to which a statutory remedy is provided, exclusive of N.J.S.A. 18A:6-9.
3. A complaint of a non-tenured Teacher by reason of his/her not being re-employed.
4. A complaint of any Teacher by reason of appointment to, lack of appointment to, retention in, or lack of retention in, any position for which tenure is either not possible or required.

Step 1. The aggrieved Teacher shall file his/her Grievance with the supervisor or Administrator immediately concerned. The Grievance must be in writing, on the prescribed form, and the writing shall set forth all relevant facts know at that time, the specific contract clause, rule or regulation under which the Grievance has arisen, the date of the alleged Grievance, and relief sought. The Supervisor or Administrator immediately concerned shall render his/her decision in writing with the reasons within ten (10) school days after receipt of the Grievance.
Step 2. Upon receipt of such written decision, the aggrieved Teacher may, within a ten (10) school day period, submit the Grievance to the next level of authority. The person at the next level of authority below the Superintendent, where one exists, and staff members of his/her choosing may meet with the aggrieved Teacher and a representative of the Association within ten (10) school days after receipt of such a Grievance, and he/she shall render his/her decision in writing with reasons no later than ten (10) school days after such meeting or within ten (10) school days after receipt of the Grievance from the aggrieved Teacher if no meeting is held.
Step 3. In the event that the Grievance is not resolved at Step 2, or if no intermediate level of supervision exists, the Association may within ten (10) school days after receipt of the written decision at Step 2 (or at Step

1 where no intermediate level of supervision exists), submit to the Superintendent for review the Grievance, setting forth any additional relevant facts known at that time. The Superintendent, or his/her designee, in the absence of the Superintendent, and staff members of his/her choosing, shall meet with the aggrieved Teacher and a representative of the Association within ten (10) school days after receipt of the Grievance at Step 3. The Superintendent shall at such meeting discuss the Grievance and shall render his/her decision in writing with reasons no later than ten (10) school days after such meeting.
Step 4. In the event that the Grievance is not resolved at Step 3, the Association may, within ten (10) school days after receipt of such written decision, submit the Grievance to the Secretary of the Board for Board review of the decision of the Superintendent. The Superintendent shall immediately make available to the aggrieved Teacher copies of those documents and records dealing with the processing of the Grievance to that date. The Board or a committee thereof shall, within twenty (20) school days after receipt of the Grievance at Step 4, hold a hearing to be attended by the aggrieved Teacher and two (2) representatives of the Association. The Board or its designee shall invite to such hearing such person as it or its designee deems necessary and pertinent for the resolution of the Grievance. Either the aggrieved Teacher or the Board may cause a stenographic record to be made of said hearing at the expense of the party requesting it. The Board shall render a decision in writing within ten (10) days of the hearing.
Step 5. In the event that the Grievance is not resolved by the review of the Board as described in Step 4, the Association may elect to have the matter referred for arbitration by filing, within ten (10) working days of the date of decision at Step 4, written request for arbitration with the Public Employment Relations Commission, with a copy to the Board. In the event that the Association and the Board do not agree upon an arbitrator with ten (10) days, they agree to designate the Public Employment Relations Commission to name the arbitrator, and to set dates directly with the arbitrator.
The award of the arbitrator shall be binding on the parties for Grievances concerning the express terms of this Agreement only and advisory for all other grievances.

In no event shall the award have the effect of adding to, modifying, or amending the provisions of this Agreement, nor shall it be contrary to any applicable statute or rules and regulations of the State Board of Education or the Commissioner of Education.
The fees of the arbitrator and the expenses of the hearing and investigation shall be shared equally by the Board and the Association, but each party shall be responsible for its own expenses with respect to the hearing.

A teacher will be advised by the applicable Administrator of his/her entitlement to have a representative present before any discussion with that Administrator on any matter which may adversely affect his/her employment.

1. One (1) school day (an “Early Release Day”) on which said teachers shall not be required to teach students after a four (4) hour session and on which said teachers shall after the completion of said four (4) hour session conduct parent-teacher conferences from 6 PM to 9 PM.
2. One (l) school day (the "Early Release Day") on which said Teachers shall not be required to teach students after a four (4) hour session and on which said Teachers shall (after the completion of said four (4) hour session and one (l) hour duty-free lunch break) conduct parent-teacher conferences during the remainder of the in-school work day.

3. On one (1) school day, full-time Kindergarten teachers will be provided release time in order to hold parent/teacher conferences.

Should the state no longer reimburse the district for mentor fees, new teachers assigned a mentor shall have deducted from their paycheck starting in September or whichever is their first employment month fifty ($50) dollars per paycheck until a total sum of the state’s recommended mentoring fee has been deducted. The total amount of the fee shall be fully reimbursed by the Board to the provisional teacher in the first month of the teacher’s tenure year.

Review of individual documented time spent on moves for grades 6-12 will be at the discretion of the Superintendent of Schools, and will be reviewed on a case by case basis. Any compensation offered by the Westfield Board of Education to grade 6-12 teachers who move will not be considered precedent.

At the secondary level, the number of appointees shall be such that there be one (l) member for every twenty (20) Teachers or fraction thereof.

B. Five (5) representatives selected by the Association in September of each year for membership on a Superintendent's Liaison Committee shall meet with the other members of such Committee, including the Superintendent and his/her designee, totaling five (5) in number, to review and discuss current school district practices and concerns at least five (5) times during the school year beginning in September, with not more than two (2) months elapsing between meetings. At least one (l) interim meeting shall be held between each of the five (5) scheduled meetings if requested by either party.

Recommendations voted by a majority of the Superintendent's Liaison Committee shall immediately be forwarded to both the Association Executive Council and the Board for their reactions.
C. Minutes of meetings of the Building Liaison Committee and the Superintendent's Liaison Committee shall be submitted to the Superintendent and the President of the Association not later than ten (10) school days following such meetings.
D. The Superintendent and the President of the Association may jointly call a special meeting of the Superintendent's Liaison Committee and shall submit an agenda to Committee members so they may have sufficient time to study it prior to the meeting.

1. For absence occasioned because an employee is quarantined for the sickness of another.
2. For absence occasioned by an accident on the job.

1. Up to six (6) days during each school year for the absence occasioned by the death of each parent, husband, wife, daughter, son, brother, sister or member of the Teacher's immediate household.

2. Up to three (3) days during each school year for absence occasioned by the death of each father-in-law, mother-in-law or grandparent.
3. Up to one (l) day during each school year for absence occasioned by the death of each aunt, uncle, brother-in-law, sister-in-law or friend.
4. Up to an aggregate of four (4) days during each school year for absence occasioned by the serious illness of any one or more of the following: husband, wife, daughter, son, father, mother, brother, sister, grandparent, father-in law, mother-in-law or member of the Teacher's immediate household.
5. Up to an aggregate of five (5) days for the adoption of a child.

1. Any Teacher who experiences a disability arising out of, but not limited to, surgery, hospital confinement, medical treatment, pregnancy, or the like, shall be entitled to a paid or unpaid Disability Leave based upon such disability. In the event that said Teacher applies for a paid Disability Leave, such Disability Leave shall be chargeable to the accumulated sick leave account, if any, of said Teacher. If the accumulated sick leave account is or has been exhausted, the Disability Leave of absence shall, except as is otherwise provided for under Article XIV of this Agreement, entitled "Sick Leave," be without pay. All policies, practices, rules and regulations applicable to Teachers granted leave under Article XIV of this Agreement, entitled "Sick Leave," shall govern such Disability Leave. The period of disability related to pregnancy and childbirth for which a Teacher may use her accumulated sick leave shall be defined as the period commencing one (l) month before the anticipated delivery date and ending one (l) month after the actual delivery date or such different period of actual disability as shall be certified to the Board by the Teacher's physician.
2. All Teachers anticipating a long term disability shall notify their Principal of the condition expected to result in disability as soon as practicable, and shall submit to the Principal a written statement from his/her physician verifying the condition expected to result in the long term disability and, if possible, the physician's prognosis as to the anticipated duration of such disability.

3. The Board shall have the right to require any Teacher who has been on paid or unpaid Disability Leave and who desires to return to his/her duties by a fixed date following recovery from disability to produce a written statement from his/her physician stating that he/she is capable of resuming his/her duties, which opinion shall be confirmed by the Board medical inspector.
4. Whenever, in the opinion of the Board, the date of commencement of an unpaid Disability Leave and/or the date for the resumption of duties would substantially interfere with the administration of the schools and/or the education of students, the requested dates may be changed by the Board, if, in the opinion of the Board medical inspector, such change is not medically contraindicated.
5. Where an unpaid 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 written statement from the Teacher's physician as to the advisability of such extension or reduction. Such extensions or reductions may 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 schools and/or the education of students and, provided further, that such change by the Board is not medically contraindicated. All extensions of such leaves shall in any event be subject to the provisions of N.J.S.A. 18A:30-1 et seq. and, specifically N.J.S.A. 18A:30-7.
6. These provisions shall not be deemed to impose upon the Board any obligation to grant or extend a Disability Leave of any non-tenured Teacher beyond the end of the work year in which such leave was originally granted, provided, however, that the provisions of this Subsection shall not in any way preclude the ability on the part of the Board, in its absolute discretion, to grant to a non-tenured Teacher a Disability Leave extending beyond the end of such work year. The period of an unpaid Disability Leave granted to a non-tenured Teacher shall not be included in the minimum period required by statute to attain tenure, and said Teacher shall not acquire tenure during such leave.
7. Where a Disability Leave is for disability related to pregnancy, the pregnant Teacher applying for such leave 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.

1. All Teachers requesting an unpaid Maternity/Paternity Leave under this Article without regard to a claimed present state of disability, shall (as soon as the pregnancy is medically confirmed) submit to the Principal a written request specifying the date (no earlier than five (5) months prior to the anticipated date of the birth of a child) on which he/she expects to commence said leave and the date on which he/she expects to return from said leave, which shall not be chargeable to said Teacher's sick leave account.
2. Whenever, in the opinion of the Board, the date of the commencement of the unpaid Maternity/Paternity Leave, and/or the date for the resumption of duties would substantially interfere with the administration of the schools and/or the education of students, the requested dates may be changed by the Board.
3. Where an unpaid Maternity/Paternity Leave has been approved, the commencement or termination dates thereof may be extended or reduced upon application by the Teacher to the Board, accompanied, where appropriate, by a written statement from the Teacher's physician as to the advisability of such extension or reduction. Such extensions or reductions may 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 schools and/or with the education of students and, provided, further, that such change by the Board is not medically contraindicated. All extensions of such leaves shall in any event be subject to the provisions of N.J.S.A. 18A:30-1 et seq. and, specifically, N.J.S.A. 18A:30-7.
4. These provisions shall not be deemed to impose upon the Board any obligation to grant or extend a Maternity/Paternity Leave of any non-tenured Teacher beyond the end of the work year in which such leave was originally granted, provided, however, that the provisions of this Subsection shall not in any way preclude the ability on the part of the Board, in its absolute discretion, to grant to a non-tenured Teacher a Maternity/Paternity Leave extending beyond the end of such work year. The period of an unpaid Maternity/Paternity Leave granted to a non-tenured Teacher shall not be included in the minimum period required by statute to attain tenure, and said Teacher shall not acquire tenure during such leave.

5. A Teacher applying for a Maternity/Paternity Leave 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.

1. In the case of the birth of a child or the placement of a child under the age of five (5) for adoption, or obtaining legal custody for a child under five, any Teacher shall have the right, upon application, to leave for the purpose of child rearing. Said Child Rearing/Adoption Leave shall be without pay. In any case where both parents of such child are Teachers in the Westfield Public Schools, only one (l) parent shall be entitled to such Child Rearing/Adoption Leave at any one time.
2. Application for Child Rearing/Adoption Leave in connection with the birth of a child shall be filed at least sixty (60) days prior to the anticipated date of leave. Application for Child Rearing/Adoption Leave in connection with the placement of a child under the age of five (5) for adoption shall be filed immediately upon receipt by a Teacher of a notice of such placement.
3. In the case of a Teacher who has been granted Disability Leave under the provisions of Section A of this Article, and who has applied for Child Rearing Leave, such Child Rearing Leave shall become effective immediately upon the termination of the aforesaid Disability Leave.

4. Child Rearing/Adoption Leave shall be granted, upon application made therefore, for a period ending as of the date requested by the Teacher unless the date of return selected by that Teacher for the resumption of duties would substantially interfere with the administration of the schools or with the education of pupils. Such Child Rearing/Adoption Leave shall be automatically extended, in the case of tenured Teachers only, upon the request of a tenured Teacher, for one (l) additional work year. Such request by such tenured Teacher for an extension of such Child Rearing/Adoption Leave for such additional work year shall be made to the Superintendent in writing no later than the March 1st preceding the expiration of the first period thereof. Effective as of July 1, 1986, the Board will only be required, at its expense, to provide to Teachers on Child Rearing/Adoption Leave insurance benefits under Sections A, B, C and D of Article XXII of this Agreement for up to, but not more than, twelve (12) months following the commencement of such Child Rearing/Adoption Leave no matter when such Child Rearing/Adoption Leave commenced. The Board shall not be responsible, at its expense, to provide teachers insurance benefits during consecutive Child Rearing/ Adoption leaves of absences.

5. A Teacher may request early reinstatement, the granting of which shall be in the sole discretion of the Board.
6. These provisions shall not be deemed to impose upon the Board any obligation to grant or to extend a Child Rearing/Adoption Leave of any non-tenured Teacher beyond the end of the work year in which such leave was originally granted, provided, however, that the provisions of this Subsection shall not in any way preclude the ability on the part of the Board, in its sole discretion, to grant to a non-tenured Teacher a Child Rearing/Adoption Leave extending beyond the end of such work year. The period of an unpaid Child Rearing/Adoption Leave granted to a non-tenured Teacher shall not be included in the minimum period required by Statute to attain tenure, and said Teacher shall not acquire tenure during such leave.

1. A Guidance Counselor shall receive a pay differential of five (5) percent above the appropriate step on the salary guide. Each Guidance Counselor who voluntarily works additional days beyond 195 days shall be paid at the rate of $383 for 2005-06, $398 for 2006-07, $414 for 2007-08 for each additional day.
2. Each Teacher who is a member of the Child Study Team and who voluntarily works additional days beyond 185 days shall be paid at the rate of $383 for 2005-06, $398 for 2006-07, $414 for 2007-08 for each additional day.

3. Any librarian or nurse who voluntarily works additional days beyond the 185 days shall be paid at the rate $383 for 2005-06, $398 for 2006-07, $414 for 2007-08 for each additional day.

The extra compensation to be paid Teachers for sponsoring extra curricular activities shall be as set forth in Schedule "B" attached hereto and made a part hereof.

1. Progress along the pattern of increases shall be automatic unless the Board withholds all or any part of a Salary Increase (defined below) in accordance with the provisions of this Section F.
2. The Board expressly reserves the right to withhold, for inefficiency or other good cause, all or any 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.
3. In the event that the Board exercises its rights to withhold for inefficiency or other good cause any Salary Increase or portion thereof, the Board does hereby agree to employ the following procedures:
a. The immediate superior and/or the Principal shall not forward any recommendation to withhold a Teacher's Salary Increase or any portion thereof to the Superintendent later than April 15 of the school year preceding that in which such action would take effect. The immediate supervisor or Principal shall give to the Teacher against whom the recommendation shall be made written notice of the alleged cause or causes

for the recommendation, in which event the Teacher may within five (5) school days request in writing an opportunity to meet with the immediate supervisor or Principal. In the event such a meeting is requested, the Superintendent shall take no action on the recommendation until five (5) school days after said meeting occurs.
b. The Teacher may, during the five (5) school day period following the meeting with the immediate supervisor or Principal, 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) calendar 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) calendar days after said meeting, give written notice of such action, together with the reasons therefore to the Teacher concerned.

4. A teacher may, after one year meet with the Superintendent to request that he recommend to the Board restoration of increment. The Superintendent may, at any time recommend to the Board of Education restoration of a teacher’s increment. The Board of Education shall take action no later than sixty (60) days after the Superintendent’s recommendation. If the teacher so requests, the Board shall grant the teacher a meeting in executive session. However, after four (4) years of the increment being withheld, the teacher shall be entitled to a Board hearing for restoration of increment.

1. If the resignation becomes effective as of June 30, the Teacher shall receive an amount equal to his/her number of unused accumulated sick leave days times the amount listed in the schedule below up to the maximums listed below.
Per Sick Maximum
Day Amount
2005-06 ($67) $9,000
2006-07 ($67) $9,500
2007-08 ($67) $10,000

2. If the resignation becomes effective as of any other day, the Teacher shall receive an amount equal to his/her number of unused accumulated sick leave days times the amounts listed in the schedule below up to the maximums listed below.
Per Sick Maximum
Day Amount
2005-06 ($33) $4,433
2006-07 ($33) $4,679
2007-08 ($33) $4,925

If a teacher with fifteen (15) or more years of service in the Westfield Public Schools dies while employed by the District, his/her estate shall receive the moneys provided under subsection 1 of this Section H.
3. Teachers may defer all or part of their payment to the January in the year following their retirement.

1. Liability
The Association agrees to indemnify and hold the Board harmless against any liability which may arise by reason of any action taken by the Board in complying with the new provisions of this Article, provided that:
a) The Board gives the Association timely notice in writing of any claim, demand, suit or other form of liability in regard to which it will seek to implement this paragraph; and

b) If the Association so requests in writing, the Board will surrender to it full responsibility for the defense of such claim, demand, suit or other form of liability and will cooperate fully with the Association in gathering evidence, securing witnesses, and in all other aspects of said defense. The Board's attorney shall be provided copies of all documents presented in the dispute by all parties.
2. Exception
It is expressly understood that Paragraph 1 above will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board's imperfect execution of the obligations imposed upon it by this Article.

1. Mileage from the first building location to the last building location of the day is to be indicated on a travel voucher form.
2. Travel voucher forms are to be completed in detail and submitted to the Principals or supervisors at the end of each month for approval.
3. Mileage is to be computed at the Internal Revenue Service rate per mile or, at the option of the Teacher, mileage can be paid according to the following schedule. The Teacher must exercise this option on or before September 15 and payment will be made on or before June 30th.

4. Payments on account of actual mileage will be made in January and June.
5. Teachers opting for the daily rate for mileage reimbursement may receive mileage reimbursement in addition to required travel to out-of-district placements more than 30 miles from Westfield or out-of-state.
6. Any teacher selecting payment from the above schedule shall provide their weekly travel schedule on the purchase orders for January and June payments to support such payment.

Effective July 1, 2002, the Board shall pay for all teachers and dependents, the full premium, less the employee contribution, for the Oxford Point of Service Plan (POS).
Teachers who enroll in the Oxford Point of Service Plan continue Delta Dental and Prescription Plans without charge.

Effective July 1, 2002, eligible teachers who wish Oxford traditional indemnity coverage for health and major medical may enroll in that plan with a cost of $600 per year.
Section 125 Plan
The Board has in place an IRC Section 125 plan for the purpose of implementing this provision.

The Board shall pay for all Teachers, for either single or family coverage as may be appropriate, the full premium for Delta dental coverage, which will include the usual and customary rate for diagnostic and preventive services, and for Delta riders covering additional basic, periodontal services and prosthodontic services, which aggregate coverage shall be for not more than $1,500.00 per insured per year. Effective July 1, 2002 there shall be a per child lifetime maximum of $1,500 for orthodontic services.

The Board shall pay for all Teachers, for either single or family coverage as may be appropriate, the full premium for the major medical rider covering catastrophic events with major medical deductible of $200 per individual and $400 per family.

The Board shall pay for all Teachers, for either single or family coverage as may be appropriate, the full premium for prescription plan to be afforded by Horizon, which plan will provide for a co-pay of twenty five (25) dollars for non-generic prescriptions, ten (10) dollars for generic prescriptions and five (5) dollars for mail order services for maintenance prescription drugs.

The Board shall pay for all Teachers, for either single or family coverage as may be appropriate, the full premium less a per employee annual contribution of $12 for an Employee Assistance Program (EAP) as detailed in the Priority Systems Proposal.

Any Teacher whose employment is terminated prior to June 30 and who is rehired by the Board prior to July 1, shall be entitled to have the coverage payments referred to in Sections A, B, C and D above, as may be applicable as of the July 1 in question, extended to cover July and August.

The Board agrees to permit each Teacher, who has retired from the Westfield Public Schools under the provisions of the New Jersey Teachers' Pension and Annuity Fund and is entitled to receive pension payments thereunder, to continue his/her participation in the insurance programs which are the subject of this article and

which are in effect as of the time of the Teacher's retirement from the Westfield Public Schools. In order for a Teacher to be so eligible to continue participation in said insurance programs after the Teachers' retirement, the Teacher must have retired after fifteen (15) or more years of service in the Westfield Public Schools and must, within thirty (30) days of retirement from the Westfield Public Schools, submit to the Board a request in writing for continued participation in said insurance programs. Each retired Teacher who participates in the insurance programs which are the subject of this Article, shall pay the cost for his/her participation, such payment to be made by semiannual installments paid in advance. Eligibility for participation in said health insurance programs shall cease immediately upon the attainment by the retired Teacher of eligibility to participate in Medicare or upon the Teacher's death.

Notwithstanding the provisions of Section A, B, C and D, the Board and the Association agree that, in the event that the Board or the Association desires to replace the insurance described in any one or all of Sections A, B, C and/or D, the Board may do so upon the following conditions:
1. Under no circumstances may the insurance described in Sections A, B, C or D be reduced in any way below the coverage provided for.
2. There shall be no break or discontinuance in insurance coverage under Sections A, B, C and D.
3. Any other provider of the insurance described in Sections A, B, C and D must provide insurance that is generally acceptable to hospitals (and to doctors, dentists and pharmacies, if applicable) in the area of Westfield, New Jersey.
4. Any other provider of the insurance described in Sections A, B, C and D must have a reputation for making payments within a reasonable amount of time.
5. Either party shall have the right to reject the selection of a new insurance provider for any of the reasons set forth in Subsections 1 through 4 above. Such rejection, if it occurs, may be submitted to arbitration under the terms of Article III of this Agreement.

1. The Plan

Effective July 1, 2005, the district shall offer a voluntary health insurance waiver plan, or “opt-out” plan, provided that employees can demonstrate that they have alternative coverage for themselves and their dependents.
2. Payments Under the Plan

Employees who select the opt-out plan shall receive payments from the Board as follows:

Payments shall be made in semi-monthly installments for ten months (September through June).

The maximum number of employees who will be permitted to waive health insurance coverage may not exceed five (5%) per cent of all employees receiving benefits in any year. In the event that more than five (5%) per cent of insured employees seek to waive coverage, employees will be selected to participate in the waiver on a lottery basis.

A waiver of health insurance form is available from the payroll office. This form shall be distributed to all employees by June 1 and returned to the Payroll Office no later than June 15.

Election for the waiver of health insurance shall be made on an annual basis, subject to the 5% limitation set forth above, and such waiver shall be for only one (1) year. Election is voluntary and is renewable on subsequent application. Employees not re-electing the waiver shall be automatically re-enrolled in the district’s health insurance plan upon completion of the necessary paperwork without penalty or restriction including but not limited to pre-existing conditions for themselves and eligible dependents. All employees shall have the option of considering the waiver each year of this agreement, subject to the terms of this provision.
5. Restoration of Benefits
During any time of the year in which the employee has elected to waive coverage, the employee shall be able to terminate the coverage waiver agreement and re-enroll in the district’s insurance plan under the following conditions:
a. Loss of spouse’s employment
b. Disability or death of spouse
c. Divorce or legal separation
d. Other life-altering event
Where applicable, domestic partner shall serve in place of spouse.
Re-enrollment shall be immediate without penalties or restrictions including, but not limited to, pre-existing conditions for the employee and eligible dependents. Enrollment shall be as if the waiver or coverage had not been elected.
Employees must notify the board in writing of their decision to terminate the coverage waiver and re-enroll in the district plan no later than thirty (30) days after the event causing such decision. Payment for the waiver in such instances shall be on a pro-rata basis.

The Board has in place an IRC Section 125 plan for the purpose of implementing this provision.

The Board of Education through its collective bargaining agreement shall make health insurance available to its employees. The Business Administrator/Board Secretary shall act as the certifying agent in the administration of this program.
1. Domestic Partner Coverage
The Board of Education through its collective bargaining agreements shall make health insurance available to the domestic partners of employees. For the purpose of health insurance benefits, a Domestic Partner shall be defined as a person who:
Shares the employee’s permanent residence; and

b. Has resided with the employee for no less than one (1) year; and

c. Is no less than eighteen (18) years of age; and

d. Is financially interdependent with the employee and has proven such interdependence by providing documentation of at least two (2) of the following ownerships:


Common ownership of real property or a common leasehold interest in such property; ownership of a motor vehicle; a joint bank account or a joint credit account; designation as a beneficiary for life insurance or retirement benefits or under your partner’s will; assignment of a durable power of attorney or health care power of attorney; or such other proof as is considered by the insurance carrier to be sufficient to establish financial interdependency under the circumstances of your particular case; and
e. Is not a blood relative any closer than would prohibit legal marriage; and
f. Has signed jointly a notarized Affidavit of Domestic Partnership.
In addition, the employee and the Domestic Partner will be considered to have met the terms of this definition as long as neither the employee nor the Domestic Partner:

Has signed an Affidavit of Domestic Partnership or declaration with any other person within twelve (12) months prior to designating each other as Domestic Partners hereunder; or

h. Is currently legally married to another person; or

i. Has any other Domestic Partner, spouse, or spouse equivalent.

2. The employee and the Domestic Partner must have registered as Domestic Partners as required by the State of New Jersey where applicable. Domestic Partners are eligible for health insurance membership only at open enrollment. An Affidavit of Domestic Partnership must be submitted to the Payroll Office at the time of application for health insurance benefits.
3. Definition of Family


Domestic Partner shall be treated the same as spouse in the definition of family for the purposes of the administration of sick leave, personal leave, extended leave, leaves of short duration and any other areas for which definition of family is a criteria.

1. Only graduate credits taken during the current school year shall be eligible for reimbursement.
2. Prior approval for the course must be recommended by the building principal and supervisor and granted by the Superintendent of Schools on the prescribed form.
3. The course must be given for graduate level credit at a college or university accredited by the State of New Jersey.
4. Course work approved for tuition reimbursement must be directly related to the Teacher's work in the Westfield Public Schools and must be taken outside of school hours. Courses outside the Teacher's field may be taken with approval of the Superintendent for the purpose of earning new certification requested by the district.
5. Money for approved courses is encumbered for that fiscal year only. The Teacher shall receive tuition reimbursement encumbered funds upon the submission of an official transcript certifying completion and receipt of credit for the approved course. In addition to tuition, required course fees and the cost of required texts may be reimbursed upon submission of appropriate receipts from the total amount accumulated by the Teacher.
6. No tuition reimbursements will be made to a Teacher who has resigned or who will be on a leave of absence for any reason other than sabbatical.
7. Upon request, teachers will be notified of the amount of the tuition reimbursement money in their accounts on an annual basis.

1. Funds for professional growth through participation of Teachers in approved conferences, seminars and workshops shall be allocated by the Board in the following amounts for the sole use of Teachers:
Year Amount
2005-2006 $60,000
2006-2007 $65,000
2007-2008 $70,000

The funds shall be allocated on a per capita basis by the school or department which serves as the staff member's home base. Building principals or department supervisors shall recommend approval of conference/seminar/workshop attendance and the amount of funds to be considered. Requests shall be submitted to the Office of Human Resources for further consideration and approval. Distribution of the school's or department's allotment of available funds shall be made at that level.
Building Principals/District Supervisors shall approve Conference/Seminar/ Workshop attendance and the amount of funds to be considered. Distribution of funds shall be made by the Office of Human Resources.
2. The Board will report to the Association at the end of each school year about the funds expended for professional improvement.

1. In accordance with N.J.A.C. 6:11-13, the Association and the Board pledge to cooperate through the local district Professional Development Committee in forming the district professional development program in accordance with the standards established by the State Professional Teaching Standards Board and the Commissioner of Education. The program shall include, but not be limited to, some or all of the following annual opportunities following annual opportunities for each teacher:
a. One (1) full in-service workshop day of six (6) hours
duration (Columbus Day).
b. Beginning in 2003-04 one full in-service workshop day of six (6) hour duration (date to be determined by the Board).
c. Professional days and college credits as presented elsewhere in this agreement.
d. District courses/programs planned outside of the teacher workday attended on a voluntary basis shall have eliminated any financial compensation or graduate course credit when the State's Continuing Education requirements take effect.

e. In-district college/university graduate courses planned outside of the teacher workday, attended on a voluntary basis, without financial compensation which may be taken for graduate credit in compliance with the district tuition reimbursement program.

2. The district will maintain a record of the number of hours of State approved continuing education credits completed by each teacher and provide each teacher and supervisor with an accounting of accumulated credits on an annual basis no later than April 1. Any discrepancies between the district and a teacher's records should be noted within thirty (30) days of receipt of the Board's records.
3. All of the above is subject to N.J.A.C. 6:11-13 and amendments.

1. Application for Sabbatical Leave shall be made on or before November 15 of any year. If approved, such leave shall become effective at the beginning of either the first or second semester of the year immediately following.
2. Application shall be made upon a regular blank form prescribed by the Superintendent, and shall set forth a program or itinerary to be followed by the Teacher during the period of the leave.
3. In recommending Sabbatical Leaves of Absence, the Superintendent shall give consideration to the use to be made of the requested leave and to seniority in service. Due consideration shall be given to the reasonable and equitable distribution of Sabbatical Leaves among the different schools and departments. A limit for any one (l) faculty is established as follows: five (5%) percent for each secondary school per year; ten (10%) percent for each elementary school per year; ten (10%) percent for special services and special Teachers per year; and ten (10%) percent for nurses per year.
4. Each applicant shall be notified promptly in writing by the Superintendent of the decision of the Board concerning his/her application.

1. A Teacher to whom a Sabbatical Leave is granted shall hereby be deemed to have entered into a contract to continue in the service of the Board for a period of not less than two (2) years after the expiration of the Sabbatical Leave.
2. If a Teacher fails to so continue in service after a Sabbatical Leave, such Teacher shall repay to the Board a sum of money which bears the same ratio to the amount of salary received while on Sabbatical Leave as the unperformed part of the two (2) subsequent years of service bears to the two (2) years, unless such Teacher is

incapacitated, has been discharged, or has been released by the Board from this obligation for good and sufficient reasons approved by the Board.

1. A Teacher who has been on Sabbatical Leave for the first semester of any school year shall notify the Superintendent, on or before December 1 of that year, of his/her intention to return to duty the following semester. If leave has been granted for the second semester of the entire school year, the Teacher shall notify the Superintendent on or before April 1 of that year, of his/her intention to return to duty the following school year.

2. Failure of a Teacher on Sabbatical Leave to give such notification may be interpreted as indicating that such Teacher does not wish to retain a connection with the Westfield Public Schools.

1. The salary paid to a Teacher on Sabbatical Leave for a full year shall be one-half (1/2) of the salary to which he/she would have been entitled if not on leave, less the regular deductions for Government Income Tax and for the New Jersey Teacher's Pension and Annuity Fund as computed for all present entrants employed in the State.
2. Teachers receiving Sabbatical Leave for one (l) semester shall receive full pay, minus the regular deductions listed above.
3. Salary checks shall be issued in accordance with the salary schedule for all Teachers in the Westfield Public Schools.