3
AGREEMENT
BY AND BETWEEN THE
MOORESTOWN BOARD OF EDUCATION
AND THE
MOORESTOWN EDUCATION ASSOCIATION
JULY 1, 2004 THROUGH JUNE 30, 2007
TABLE OF CONTENTS
ARTICLE PAGE
1 Recognition 2
2 Negotiation Procedure 3
3 Grievance Procedure 4
4 Association Rights 11
5 Management Rights 12
6 Employee Rights and Personal and Academic Freedom 12
7 Insurance Benefits 14
8 Credit Union 15
9 Individual Contracts 15
10 Separability and Savings 14
11 Duration of Agreement 15
12 Employee Absence 16
I Teachers 16
II Secretaries 26
III Paraprofessionals 34
IV Buildings and Grounds 41
13 Employee Evaluation 43
I Teachers 43
II Paraprofessionals 45
III Buildings and Grounds 46
14 Salary Policy and Incentives and Premium Pay 46
I Teachers 46
II Secretaries 51
III Buildings and Grounds 51
IV Paraprofessionals 52
V Tuition for Non-certificated Staff 52
15 Personnel Records 53
16 Committees 54
17 Work Year 55
I Teachers 55
II Secretaries 55
III Paraprofessionals 56
IV Buildings and Grounds 56
V Athletic Trainer 58
18 Work Assignment and Work Day 58
I Teachers 58
II Secretaries 62
III Paraprofessionals 63
IV Buildings and Grounds 63
19 Seniority 65
20 Staff Facilities 65
21 Miscellaneous Benefits 66
SCHEDULE A:
Teachers Salary Guide 2004-2005 69
2005-2006 70
2006-2007 71
SCHEDULE B:
Extra Curricular 72
SCHEDULE C:
Secretarial Staff Salary Guide 77
Definitions 78
SCHEDULE D:
Custodial/Maintenance Salary Guide 79
SCHEDULE E:
Paraprofessional Salary Guide 80
SCHEDULE F:
Athletic Trainer Salary Guide 81
47
ARTICLE 1
RECOGNITION
A. The Moorestown Township Board of Education, hereafter referred to as the Board, hereby recognizes the Moorestown Education Association, hereafter referred to as the Association, as the representative for negotiations concerning terms and conditions of employment for all certificated personnel, secretaries, paraprofessionals, buildings and grounds employees, and athletic trainers in accordance with the bargaining unit certification issued by the Public Employment Relations Commission dated December 11, 1991.
B. For the purposes of this Agreement, "certificated personnel" is defined to include only teachers, counselors, librarians, nurses, psychologists, social workers, speech correctionists athletic trainers, and occupational therapists and LDTC's.
C. For the purposes of this Agreement, "secretaries" is defined to include all ten (10) and twelve (12) month secretaries and clerks, and the Payroll Benefits coordinator, but to exclude the secretaries to the Superintendent, Assistant Superintendent for Business, Assistant Superintendent for Instruction and Personnel Administrator.
D. For the purposes of this Agreement, "paraprofessionals" is defined to include all paraprofessionals, bus aides and non-certificated educational assistants, and interpreters.
E. For the purposes of this Agreement, "buildings and grounds employee" is defined to include all head custodians, custodians, grounds employees, maintenance employees, electricians, carpenters, and audio-visual maintenance employees.
F. For the purposes of Article 1 through 11 of this Agreement, "employee" is defined to include all positions included in the bargaining unit as defined in paragraph A. of this Article. For the purposes of the rest of this Agreement, "employee" is defined to include the category of employee covered by the subsection of the Agreement in which the word "employee" is found.
ARTICLE 2
NEGOTIATION PROCEDURE
A. The Association and the Board agree to enter into negotiations concerning a "Collective Bargaining Agreement" (herein and hereafter referred to as an Agreement) in accordance with Chapter 123, Public Laws of 1974, in good faith, concerning the terms and conditions of employment. Negotiations shall commence according to the procedure set forth in the New Jersey Administrative Code 19:12:2.1(a). Any agreement so negotiated shall apply to members of the negotiating unit, be reduced to writing and be signed by the Board and the Association.
B. During negotiations, the Board and the Association shall present relevant data, exchange points of view, and make proposals and counterproposals. The Board shall make available to the Association for inspection all pertinent public records of the Moorestown School District. The Board shall provide the Association with a tentative line budget for the next fiscal year no later than March 1.
C. Each party shall appoint a negotiations team.
1. The negotiators shall be responsible to meet at reasonable times and negotiate in good faith until a "Collective Bargaining Agreement" is reached. Dates for meetings shall be determined by agreement.
2. The parties shall agree, at the end of each negotiations session, on the topics they wish to discuss at the next session.
3. All meetings shall be scheduled to take place when negotiators are available and are free from assigned duties. If mediation and fact-finding meetings are scheduled by the Public Employment Relations Commission during the assigned school day, negotiators shall be free from assigned duties on that day without loss of pay.
4. Negotiation sessions shall be fewer than three (3) hours in length unless it has been mutually agreed to lengthen the session when the meeting is scheduled.
D. The Board of Education agrees to negotiate with the Association so long as the Association represents the majority of the employees in the unit.
E. New proposals suggested after the date set by New Jersey Administrative Code 19:12:2.1(a) must be placed under negotiations in a succeeding year, unless both parties agree in writing to reopen the proposal submitted.
F. Amendments to the proposal may be made and included in the final agreement when submitted in writing, agreed to by both parties for negotiation, negotiated, and settled.
G. The "Negotiation Procedure" may be modified in whole or in part when both parties agree in writing to a change in procedure. The new procedure will take effect in a subsequent fiscal year.
ARTICLE 3
GRIEVANCE PROCEDURE
A. Definitions
1. A grievance is a written claim based on the interpretation, application or violation of this Agreement, policies or administrative decisions affecting employees of the school district. It does not include:
a. The failure or refusal of the Board to renew a contract of a non-tenured employee.
b. Any claim over which any State or Federal administrative agency or officer has jurisdiction or any claim where a method of review has heretofore been or hereafter is established by law, rule or regulation, by way of appeal to any commissioner, commission, board, agency or court whether said right having been created for general application (e.g., civil service) or specific application (e.g., to the Commissioner of Education).
c. Matters where the Board is prohibited by law, regulations, or decision from acting.
d. Matters beyond this contract involving the sole discretion of the Board.
2. Aggrieved Person is the person or persons, or Association making the claim. Such person, persons, or Association, must be present at each level of the grievance procedure.
3. Group grievance is a grievance, which in the judgment of the Association affects a group or class of employees. The Association may submit such grievance in writing to the Superintendent directly and the procession of such grievance shall commence at Level Two. The Association may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.
4. Representative is an individual selected by the Association to counsel, advise and represent the aggrieved person and be present at all levels of the grievance procedure.
5. Association is the Association, which has been recognized by the employer for purposes of negotiation under the provisions of the Public Employer - Employee Relations Act, commonly known as Chapter 123 N.J.S.A. 34:13-1 et. seq.
B. Purpose
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems, which may from time to time arise concerning the welfare or terms and conditions of employment of employees. Both parties agree that these proceedings will be as informal and confidential as may be appropriate at any level of the procedure.
C. Procedures
Since it is important that grievances be presented as rapidly as possible, the number of days indicated at each level shall be considered a maximum and every effort shall be made to expedite the process. Time limits may be extended by the mutual consent of the parties. Specifically, any grievance not referred to the next higher step in the grievance procedure within the time limit set forth in this grievance article shall be deemed waived unless the matter has been resolved at the preceding step. Consequently, any grievance to which there is no response at any level shall be considered denied at that level and will automatically be referred to the next level within the time frame provided.
1. Employees and the Association are encouraged to discuss concerns and complaints with their principal or supervisor as soon as possible following any problem arising, and prior to filing a written grievance.
2. Level One
a. Any employee with an alleged grievance shall discuss the matter informally with the principal or supervisor within fifteen (15) school days of the grievance with the objective of resolving the matter provided the resolution is consistent with terms of the Agreement and that the Association has been given the opportunity to be present and state its views. The principal or supervisor shall act on the grievance within five (5) school days after the grievance has been discussed.
b. To identify clearly the alleged grievance and to expedite settlement, the aggrieved person, along with the Association representative, shall prepare a Level One form and submit it to the principal or supervisor at the beginning of the informal meeting.
c. If the grievance is not resolved satisfactorily at Level One, an employee with a grievance shall notify the principal or supervisor in writing within fifteen (15) school days after notification of the written disposition of the grievance from the principal or supervisor.
3. Level Two
a. If the grievance is not resolved at Level One or if no decision has been rendered within five (5) school days after the grievance was discussed, the aggrieved person may submit the grievance within five (5) school days to the Superintendent of Schools.
b. The Superintendent of Schools shall act on the grievance within fifteen (15) school days during which time the grievant and representative will discuss the matter with the Superintendent.
4. Level Three
a. If the grievance is not resolved at Level Two or if no decision has been rendered within fifteen (15) school days after the grievance was delivered to the Superintendent of Schools, the aggrieved person may within five (5) school days submit the grievance in writing to the Board of Education through the Superintendent of Schools, who shall attach all related papers and forward the request to the Board of Education.
b. The Board, or a committee thereof, shall review the grievance and shall, at the option of the Board, hold a hearing with the grievant and representative before rendering a decision in writing within twenty (20) school days of receipt of the grievance by the Board from the Superintendent at Level Three.
5. Level Four
a. If the grievance is not resolved or if no decision has been rendered at Level Three and if the grievance involves the express, written terms of this Agreement, the aggrieved person may within ten (10) school days request in writing to the Association President that the Association submit the grievance to arbitration.
b. If the Executive Committee of the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within twenty (20) school days after receipt of a written request by the aggrieved person. At the same time, notice of intention to proceed to arbitration shall be given to the Board through the Superintendent.
c. Within fifteen (15) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve.
d. In the event that the parties cannot agree on the arbitrator within fifteen (15) school days, or if the arbitrator does not agree to serve, the parties jointly or either one of them may issue a request for a list of arbitrators from the Public Employment Relations Commission. Upon receipt of said list, each party will separately strike the names of the arbitrators whom they find unacceptable and list numerically the names, if any, of the arbitrators whom they would accept.
e. The arbitrator who will ultimately be chosen shall be the one, if any, who appears on both acceptable lists with the lowest average number of placement. In the event that there are no arbitrators that are agreeable to the parties, a new list will be requested and the same procedure will be followed until a satisfactory arbitrator is chosen.
f. The arbitrator so selected shall confer with the representative of the Board, the aggrieved person and representatives of the Association and hold hearings promptly and shall issue a decision not later than forty-five (45) calendar days following the close of record of the hearing. The record of the hearing shall be deemed closed upon the submissions of the parties' post-hearing briefs, if any, which shall in no event be submitted more than thirty (30) days following the close of the hearing. The arbitrator may not decide an issue, which is not arbitrable as determined by the arbitrator, PERC, or the State courts, nor may the arbitrator add to or modify the collective bargaining agreement. The arbitrator's decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions on the issue submitted. The decision of the arbitrator shall be final and binding, and may be made available to the public and press without consent of the other parties.
g. The costs of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
D. Miscellaneous
1. 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 participants.
2. All meetings and hearings under this procedure shall be conducted in private and shall include only such parties in interest and their designated or selected representatives, heretofore referred to in this section.
3. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall be prepared jointly by the Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.
4. In case a grievance is filed in the period of fewer than ten (10) school days before the end of the school calendar, the grievance will start at Level Two and will follow the regular procedure thereafter. During the summer, school days shall be replaced by business days. If a grievance is filed after the last day of school, the grievance will follow the timelines established on the grievance procedure, unless mutually agreed upon by the parties to the grievance. If mutual agreement cannot be reached, the grievant may begin at Level II or a mutually agreed upon waiver may be made to the existing timelines.
5. Employees are required to carry out all administrative directives despite an alleged contract violation or the pendency of a grievance.
6. 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 harm to the grievant, the time limits set forth herein shall be waived so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.
7. No Strike/No Lock-Out
a. The Association covenants and agrees that during the term of the Agreement neither the Association nor any person acting in its behalf will cause, authorize, or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty, or willful absence of any employee from a position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employment), work stoppage, slowdown, walkout or other action against the school district. The Association agrees that such action would constitute a material breach of this Agreement.
b. The Association will actively discourage and will take whatever affirmative steps are necessary to prevent or terminate any strike, work stoppage, slowdown, walkout or other job action against the Board.
c. The School Board covenants and agrees that during the term of this Agreement neither the Board nor any of its agents will cause, authorize or support the locking out of the employees in this bargaining unit.
ARTICLE 4
ASSOCIATION RIGHTS
A. Whenever any representative of the Association or any employee participates during working hours in negotiations, grievance proceedings, conferences, or meetings, requested or required by the Board of Education, the employee shall suffer no loss in pay.
B. The Association may use school facilities and equipment, including typewriters, telephones, duplicating machines, calculating machines, fax machines, computers and all types of audio-visual equipment at reasonable times when such equipment is not otherwise in use. The Association shall furnish the supplies and qualified personnel necessary to operate this equipment, and shall reimburse the district for the actual cost of the use of the facsimile machine. A copy of all materials shall be sent to the Superintendent. The use of the equipment is limited to school property.
C. The Association shall have, in each school building, the use of a bulletin board. Copies of all materials to be posted on such bulletin boards shall be given to the principal, but no approval shall be required.
D. The Association shall have the right to use the inter-school mail facilities and school mail boxes with the knowledge of the building principal and/or Superintendent.
E. The Board agrees to furnish to the Association in response to reasonable requests from time to time pertinent public records.
F. The President of the Association shall be freed from all non-teaching duties. At the request of the President of the Association, and with the approval of the Superintendent or designee, additional release time shall be granted on an as needed basis.
G. Representation Fee
1. At the Association's written request for each member of the bargaining unit who is not a member of the Association, the Board shall deduct a representation fee equal to 85% of the regular dues and assessments charged by the Association to its members from the regular checks of any non-member.
2. Such deduction shall commence only after the Association has notified the Board of its regular dues and assessments and the name of each non-member for which it wishes a deduction to be made and within thirty (30) days of such notification to the Board.
3. The Board shall transfer all funds so deducted to the Association within thirty (30) days of such deduction.
4. The Association shall hold and save the Board harmless from any legal action, whether civil or criminal, judicial or administrative taken by any individual as a result of Board acts or omissions pursuant to this provision.
5. This provision shall have no force or effect until the Association files a copy of a lawful demand and return system with the Board.
ARTICLE 5
MANAGEMENT RIGHTS
Except as limited by the provisions of this Agreement, the Board of Education reserves all rights and functions vested in it pursuant to applicable laws and regulations and all other functions as are normally and customarily exercised by boards of education in the management of the affairs of the school district.
ARTICLE 6
EMPLOYEE RIGHTS AND PERSONAL AND ACADEMIC FREEDOM
A. Pursuant to Chapter 123, Public Laws 1974, the Board hereby agrees that every employee of the Board shall have the right freely to organize, join, and support the Association and its affiliates for the purpose of engaging in collective negotiation. The Board of Education shall not discriminate against any employee by reason of membership in the Association or its affiliates.
B. Nothing contained herein shall be construed to deny or restrict to any employee such rights as the employee may have under New Jersey School Laws or other applicable laws and regulations.
C. No employee shall be disciplined, reduced in rank or compensation, or have an increment withheld without just cause. This statement shall not extend to renewal or non-renewal of employee contracts. The rights of employees or the Board of Education under Title 18A shall not be abridged or modified by the above statement.
D. The Board of Education and the Association agree that there shall be no discrimination, and that all practices, procedures, and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of employees, or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, or marital status or any legally protected status or category.
E. The personal life of an employee is not an appropriate concern for attention of the Board except as it may prevent the employee from performing properly assigned functions.
F. Employees shall be entitled to full rights of citizenship, and no religious or political activities of any employee or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such employee, providing said activities do not violate any local, state or federal law.
G. The parties acknowledge that the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-1 through 10:4-21, as amended, grants certain rights concerning Board business matters to the public and, at the same time, provides privacy rights for the employees. Specifically, the parties agree that there shall be no public discussion of the performance of any employee under this Agreement unless the express terms of N.J.S.A. 10:4-12b(8) has been satisfied. It is understood and agreed by the parties that provision of law requires the exclusion of the public from a portion of any meeting at which the Board would discuss any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any employee unless each individual employee whose rights could be adversely affected by such discussion requests in writing prior to the meeting that the discussion be held in public. Additionally, the parties agree that pursuant to N.J.S.A. 10:4-14 no minutes or record of any such discussion shall be made available to the public in any manner that is inconsistent with N.J.S.A. 10:4-12b(8).
H. No employee shall be reprimanded in front of peers, parents or students when there is a reasonable or practical alternative manner in which to present the reprimand.
ARTICLE 7
INSURANCE BENEFITS
A. The Board of Education shall pay one hundred (100%) percent of the cost for the employee and his/her dependents under the New Jersey Public and School Employees Health Benefits Plan, or provide the equivalent payment of any health maintenance organization of the employee's choice established under the New Jersey Public Law 1973, Chapter 337. Effective July 1, 1995, the health insurance benefits shall include the following, if permitted by the carrier:
Mandatory Second Surgical Opinion
Deductibles in the traditional indemnity plan shall be $200 single/ $400 family
B. An employee may elect the N.J.E.A. group disability insurance as written by Washington National Insurance Company in lieu of coverage under the N.J.H.B. plan or approved health maintenance organization.
C. There shall be a family dental plan selected by the Association for the duration of this Contract. The Board's maximum contribution to the cost of this plan shall not exceed a CAP. For the duration of the 2004-2007 Contract, the CAP shall be established as that premium in effect on June 30, 2007.
D. The Board shall contribute the sum of ninety dollars ($90.00) per unit member during each school year toward the purchase of a Vision Care Insurance program. Said sum shall be set forth in the contract as the CAP on the Board's contribution.
E. Effective with the 1998-1999 school year, new hires must work at least 25 hours per week to be eligible for basic health, dental and vision insurance. Current employees already receiving insurance benefits who work between 20 and 25 hours per week remain eligible for basic health, dental and vision insurance.
ARTICLE 8
CREDIT UNION
With proper application and notification, the Board of Education shall authorize payroll deductions of employees who participate in the a Teachers Credit Union, such as ABCO
ARTICLE 9
INDIVIDUAL CONTRACTS
Any individual contracts or job description between the Board and an individual employee, heretofore or hereafter executed shall be subject to and consistent with the terms and conditions of the Agreement. If an individual contract job description contains any language inconsistent with this Agreement, this Agreement shall be controlling.
ARTICLE 10
SEPARABILITY AND SAVINGS
Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement to the extent that in the event any clause or clauses shall be finally determined to be in violation of any law, then in such event, such clause or clauses, only to the extent that any may be so in violation shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the Agreement, including any and all provisions of the remainder of any clause, sentence or paragraph in which offending language may appear.
ARTICLE 11
DURATION OF AGREEMENT
This Agreement shall be effective as of July 1, 2004 and shall continue in effect until June 30, 2007.
Dated day of .
President, Moorestown President
Education Association Board of Education
Secretary, Moorestown Secretary
Education Association Board of Education
ARTICLE 12
EMPLOYEE ABSENCE
I. TEACHERS
A. Personal Illness
1. Sick Leave
a. Definition
"Sick Leave" is defined as absence from duty because of personal disability due to illness or injury, or because of exclusion from school by the medical authorities because of a contagious disease, or being quarantined for such a disease in the immediate family.
b. Ten-Month Employees
In case of absence from school on account of personal illness, non-tenured certificated personnel shall be allowed full pay for ten- (10) days sick leave during the school year. Certificated personnel newly employed after the beginning of any school year shall, at the time of employment, be credited with sick leave at the rate of one (1) day for each month or portion of a month remaining in the school year. Any portion of a month shall be considered a full month. The unused number of such days is accumulative to be used for additional sick leave as needed in subsequent years. Accumulation of sick leave for certificated personnel shall be set at fifteen (15) days per year beginning when the certificated employee receives tenure in the Moorestown Township Public Schools (hereinafter the "District"). Accumulation of sick leave above the state mandated ten (10) days per year shall not exceed one hundred (100) additional accumulated days for any certificated employee.
c. Eleven-Month Employees Certificated Personnel
In case of absence from school on account of personal illness, non-tenured certificated personnel shall be allowed full pay for eleven- (11) days sick leave during the school year. The unused number of such days is accumulative without limit to be used for additional sick leave in subsequent years. Accumulation of sick leave for certificated personnel shall be set at fifteen (15) days per year beginning when the certificated employee receives tenure in the Moorestown Township Public Schools. Accumulation of sick leave above the state mandated ten (10) days per year shall not exceed one hundred (100) additional accumulated days for any certificated employee.
d. Twelve-Month Employees Certificated Personnel
In case of absence from school on account of personal illness, non-tenured certificated personnel shall be allowed full pay for twelve (12) days sick leave during the school year. The unused number of such days is accumulative without limit to be used for additional sick leave as needed in subsequent years. Accumulation of sick leave for certificated personnel shall be set at fifteen (15) days per year beginning when the certificated employee receives tenure in the Moorestown Township Public Schools. Accumulation of sick leave above the state mandated ten (10) days per year shall not exceed one hundred (100) additional accumulated days for any certificated employee.
e. New Employees
Certificated personnel newly employed after the beginning of any school year shall, at the time of employment, be credited with sick leave at the rate of one (1) day for each month or portion of a month remaining in the school year.
f. Transfer of Sick Leave
The Board shall allow certificated employees who have been previously employed in public school systems immediately preceding employment with the Board to transfer up to twenty (20) days of accumulative sick leave. The certificated employee shall present a certified statement from the Secretary of the Board of the previous employer to the Board's secretary no later than three (3) months following employment by the Board. At its discretion, the Board may extend this provision to periods in excess of twenty (20) days. These provisions shall be equally applicable to secretarial as well as professional staff employees.
g. Absence Beyond Accumulated Days
In the event that a certificated employee exhausts accumulated sick leave, the Board may extend on an individual case basis additional sick leave to such a certificated employee, at the certificated employee's per diem rate of pay minus the cost of a substitute.
h. Any certificated personnel who have accumulated unused sick leave, and who dies while in the employ of the District, shall have all such accumulations paid to his or her estate, pursuant to the formula set forth in the contract.
i. Certification of Illness
Physician's certification of illness, or a signed statement from the certificated employee certifying illness, shall be required at the discretion of the Superintendent.
j. Retirement Payment
(1) Payment shall be made to a certificated employee by the Board for all of that employee's unused accumulated sick leave upon an official retirement, which has been approved by the New Jersey Division of Pensions.
(2) Such payment shall be made at the rate of twenty percent (20%) of the retiree's daily rate of pay at date of retirement for each unused sick leave day. Daily rate of pay is defined as 1/200 of a ten- (10) month employee's annual salary and 1/240 of a twelve- (12) month employee's annual salary.
B. Serious Illness in the Immediate Family
Five (5) days without loss of pay shall be allowed each year as a family leave for serious illness in the immediate family which shall be defined as the certificated employee's spouse, parent, or dependent child as that term is defined by the Internal Revenue Service. This leave shall not be deducted from the accumulative personal sick leave record of the employee. When absence of more than two (2) days at one time is required under this regulation, a physician's certificate may be required.
C. Temporary Leave of Absence - With Pay
Eight (8) days shall be available for personal business without loss of pay for unavoidable absence for every certificated employee. Employees will provide two (2) weeks notice for taking personal leave for graduation and marriage.
1. Death in the Immediate Family
Immediate family as used here means husband or wife, parents, brothers, sisters, own children, grandparents,grandchild and close in-law relatives of any certificated employee or the death of any relative who was living in the home of the employee immediately prior to his or her death. In the event of the death of more than one immediate family member in one year the Superintendent may grant additional bereavement leave.
2. Legal Purposes
The Board shall grant leave to appear in any legal proceeding which the certificated employee is required to attend. Time lost for the following matters shall not be covered under this provision: Any legal proceeding arising out of an employee's refusal to perform work or otherwise engage in any concerted work stoppage against the Board or in any legal proceeding arising out of a suit in which the employee is a plaintiff against the Board.
3. Graduation exercises of the certificated employee or a member of the employee's immediate family.
4. Marriage
Marriage of the certificated employee or immediate family member of the employee. For purposes of this paragraph only, the term family member shall mean parents, siblings, children or stepchildren, grandparents, or a relative of the employee living in the household of the employee immediately prior to the relative's marriage.
5. The number of days granted under 1. 2. 3. and 4. above in each situation shall be consistent with the requirements of the situation.
6. Up to two (2) days during a school year may be taken within the eight- (8) day limit for religious observance. These days may only be used when the tenets of the religion to which the certificated employee adheres require that the employee attend religious services during working hours.
7. Two (2) days may be taken under this section without stating a reason other than that the days are being taken under this section.
a. There shall be a limit of fifteen (15) certificated personnel who may take leave under this section on a day immediately preceding or following a school recess or holiday, except weekends other than those which are part of the school recess or holiday.
b. If more than fifteen (15)-certificated personnel apply for a leave under this section, such requests shall be considered for approval on a first-come first-served basis.
c. This limitation of fifteen (15)-certificated personnel does not apply to employees who indicate that they are taking the day as a religious holiday.
8. All such requests must be approved in advance by the Superintendent of Schools upon recommendation of the building principal.
D. Leaves of Absence Without Pay - Miscellaneous
1. Leaves of absence without salary may be granted by the Board to certificated personnel having tenure for reasons of advanced study or educational travel. Applications for extended leaves of absence should be made to the Superintendent for the consideration of the Board. There shall be no change in scale placement during leave for advanced study or educational travel.
2. Extended leaves of absence for illness may be granted without salary by the Board of Education for a period of one (1) contract year to certificated personnel having tenure. The employee shall submit a statement from a physician certifying the need for such leave. There shall be no change of scale placement during such extended leaves for illness.
E. Disability Leave
1. Disability for the purpose of this section occurs when a certificated employee is unable to perform any or all of his/her normal job functions.
2. The following provisions are in addition to the certificated employee's use of accumulated sick leave as outlined elsewhere in the Article.
3. Any certificated employee who anticipates undergoing a state of disability, such as but not limited to surgery, hospital confinement, medical treatment or pregnancy may apply for a leave of absence based upon said disability in accordance with provisions hereinafter set forth.
4. All certificated personnel anticipating a state of disability shall notify the Superintendent of the condition expected to result in disability as soon as the condition, which may result in disability, is known.
5. A certificated employee desiring an unpaid disability leave shall provide the Board with a certificate concerning the disability from his/her physician. Said certificate shall review the nature of the disability and the anticipated commencement and termination dates for said disability. The Board may request that its physician or a physician of its choosing confer, with the employee's physician. The Board may require the employee to be examined by its own physician if recommended by the Board's physician after said conference. Said examination will be at the Board's expense.
6. In all cases where there is a dispute or difference of opinion between the employee's physician and the Board physician, the two doctors will select a third, and the parties will be governed by the opinion of third physician. Should the doctors not agree on such third doctor, he or she will be selected by the County Medical Society. The expense of the third physician will be shared by the parties.
7. The employee requesting a leave under the provisions of 8. and 9. below shall specify in writing the date on which he or she wishes to commence said leave and the date on which he or she wishes to return to employment following recovery from said disability.
8. If the provisions of the foregoing sections have been met, the Board shall grant an unpaid leave of absence to an employee up to the balance of the year, which concludes on June 30.
9. The employee may seek an additional unpaid leave of absence of one (1) full school year or less by making application to the Superintendent no later than April 1 of the school year in which the disability leave commenced. The application shall include the employee's statement as to the period of additional unpaid leave required, not to exceed one (1) additional school year. It must be accompanied by a physician's statement pursuant to E.5.
10. The provisions of E.1. et seq. shall not be deemed to impose on the Board any obligation to grant or extend a leave of absence of any non-tenured employee beyond the end of the contract school year in which the leave is obtained.
11. If an employee shall file a certificate from her physician that she is disabled as a consequence of a pregnancy or birth, she shall be paid accumulated sick leave for the period of time she is so disabled. The Board shall have the right to have such employee examined by its own physician to confirm the existence of such disability. Disputes shall be resolved under the provisions of 6.
12. No employee shall be prevented from returning to work after disability leave solely on the basis that there has not been some time lapse between the temporary disability and the desired date of return to work.
F. Child-Rearing Leave Without Pay
1. Applications for child-rearing leave shall be made by the certificated employee to the Superintendent at least four (4) months prior to the anticipated birth date of the child.
2. The Board of Education, upon recommendation of the Superintendent of Schools, shall grant child-rearing leave of not more than one (1) school year, without pay, to any certificated employee upon request subject to the conditions under F.1. above and F.3. and 4. below.
3. Child rearing shall commence upon the conclusion of the disability period under the terms of E.11. above, or in the case of adoption, under the terms of 5. below.
4. The Board of Education reserves the rights to adjust the termination date to no later than the beginning of the next term or semester following the leave period to assure continuity of the educational and instructional process.
5. Any employee adopting a child shall be granted a child-rearing leave in conformity with the provisions of 2. above. Such leave shall commence upon the date the employee obtains custody of the child. Since the date of custody cannot be predetermined in all cases, applications shall be made to the Superintendent at least sixty (60) days prior to the anticipated date of custody if possible or as soon as practicable.
6. Employees on child-rearing leave may substitute in the District within their area of certification or competence.
7. Nothing herein shall prevent the employee and the Board from agreeing that an employee may return sooner than the leave termination date granted if such earlier return is administratively convenient to the Board and is not
medically contraindicated. Denial of early return shall not be subject to the grievance procedure.
8. The Board shall not grant a child-rearing leave of absence to any non-tenured employee beyond the end of the contract school year in which leave is obtained, and nothing in this Article shall be construed to require the Board to offer a new contract for a new school year to any non-tenured employee who would not otherwise have been offered such a contract.
9. Upon return from child rearing leave all benefits to which the employee was entitled at the time of the commencement of leave, including unused accumulated sick leave, shall be restored.
G. Sabbatical Leave
The Board may, upon recommendation of the Superintendent, grant a sabbatical year's leave of absence for professional growth to members of the professional staff.
1. The certificated employee must have been employed by the District for no fewer than seven (7) consecutive years.
2. Sabbatical leave may be granted only for graduate study as follows:
(a) Doctoral studies
(b) Master degree studies
(c) Other graduate study
(d) Educational travel
3. Not fewer than six (6) months prior to the beginning of the leave the applicant will:
(a) Provide evidence that he/she has been accepted into the graduate program for which sabbatical leave time is requested.
(b) Submit a detailed proposal to the Superintendent. The proposal will include:
(1) The purpose of the leave.
(2) A detailed outline of the program to be followed, including credits to be earned.
(3) The relationships of the sabbatical program to the applicant's regular assignment.
(4) The manner in which the School District and its students will benefit from the sabbatical.
4. The Superintendent will then submit the proposal to the Board with a recommendation for approval/disapproval.
5. Final approval of requests for sabbatical leave shall rest with the Board, following recommendation by the Superintendent. If approved, the leave shall be for a period of not less than one (1) year.
6. Reimbursement shall be at the rate of 75% of the salary scheduled for the employee during the year for which the leave is granted. This 75% reimbursement shall be paid in the following way. 50% of said salary shall be paid during the school year in which the leave is granted and upon return, 25% of the said salary shall be paid during that school year.
7. The employee shall agree to remain as a member of the staff of the district for no fewer than two (2) school years following the sabbatical leave.
8. Upon return from sabbatical leave, the employee shall be placed on the salary schedule at the level which the employee would have achieved had the employee remained actively employed in the system during the period of absence.
9. If leave is terminated for any reason, salary reimbursement is terminated and the employee is responsible for reimbursement to the Board.
10. One percent (1%) or fraction thereof of certificated personnel under this agreement may be approved for sabbatical leave in any school year.
II. SECRETARIES
A. Personal Illness
1. Sick Leave
a. Definition
"Sick Leave" is defined as absence from duty because of personal disability due to illness or injury, or because of exclusion from school by the medical authorities because of a contagious disease, or being quarantined for such a disease in the immediate family.
b. Ten-Month Secretaries
In case of absence from school on account of personal illness, non-tenured secretaries shall be allowed full pay for ten- (10) days sick leave during the school year. Secretaries newly employed after the beginning of any school year shall, at the time of employment, be credited with sick leave at the rate of one (1) day for each month or portion of a month remaining in the school year. Any portion of a month shall be considered a full month. The unused number of such days is accumulative to be used for additional sick leave as needed in subsequent years. Accumulation of sick leave for secretaries shall be set at fifteen (15) days per year beginning when the secretary receives tenure in the Moorestown Township Public Schools (hereinafter the "District"). Accumulation of sick leave above the state mandated ten (10) days per year shall not exceed one hundred (100) additional accumulated days for any secretary.
c. Twelve-Month Secretaries
Secretarial employees who are non-tenured shall receive twelve (12) days of sick leave per year as defined in 1. above. Once tenured they will receive fifteen (15) days.
d. New Employees
Secretaries newly employed after the beginning of any school year shall, at the time of employment, be credited with sick leave at the rate of one (1) day for each month or portion of a month remaining in the school year.
e. Transfer of Sick Leave
The Board shall allow secretaries who have been previously employed in public school systems immediately preceding employment with the Board to transfer up to twenty (20) days of accumulative sick leave. The secretary shall present a certified statement from the Secretary of the Board of the previous employer to the Board's secretary no later than three (3) months following employment by the Board. At its discretion, the Board may extend this provision to periods in excess of twenty (20) days.
f. Absence Beyond Accumulated Days
In the event that a secretary exhausts accumulated sick leave, the Board may extend on an individual case basis additional sick leave to such an employee, at the employee's per diem rate of pay minus the cost of a substitute.
g. Any secretary who has accumulated unused sick leave, and who dies while in the employ of the District, shall have all such accumulations paid to his or her estate, pursuant to the formula set forth in the contract.
h. Certification of Illness
Physician's certification of illness, or a signed statement from the employee certifying illness, shall be required at the discretion of the Superintendent.
i. Retirement Payment
(1) Payment shall be made to a secretary by the Board for all of that employee's unused accumulated sick leave upon an official retirement, which has been approved by the New Jersey Division of Pensions.
(2) Such payment shall be made at the rate of twenty percent (20%) of the retiree's daily rate of pay at date of retirement for each unused sick leave day. Daily rate of pay is defined as 1/200 of a ten-(10) month employee's annual salary and 1/240 of a twelve-(12) month employee's annual salary.
B. Serious Illness in the Immediate Family
Five (5) days without loss of pay shall be allowed each year as a family leave for serious illness in the immediate family which shall be defined as the secretary's spouse, parent, or dependent child as that term is defined by the Internal Revenue Service. This leave shall not be deducted from the accumulative personal sick leave record of the employee. When absence of more than two (2) days at one time is required under this regulation, a physician's certificate may be required.
C. Temporary Leave of Absence - With Pay
Eight (8) days shall be available for personal business without loss of pay for unavoidable absence for every secretary. Employees will provide two (2) weeks notice for taking personal leave for graduation and marriage.
1. Death in the Immediate Family
Immediate family as used here means husband or wife, parents, brothers, sisters, own children, grandparents, grandchild and close in-law relatives of any employee or the death of any relative who was living in the home of the employee immediately prior to his or her death. In the event of the death of more than one immediate family member in one year the Superintendent may grant additional bereavement leave.
2. Legal Purposes
The Board shall grant leave to appear in any legal proceeding which the employee is required to attend. Time lost for the following matters shall not be covered under this provision: Any legal proceeding arising out of an employee's refusal to perform work or otherwise engage in any concerted work stoppage against the Board or in any legal proceeding arising out of a suit in which the employee is a plaintiff against the Board.
3. Graduation exercises of the employee or a member of the employee's immediate family.
4. Marriage
Marriage of the employee or immediate family member of the employee. For purposes of this paragraph only, the term family member shall mean parents, siblings, children or stepchildren, grandparents, or a relative of the employee living in the household of the employee immediately prior to the relative's marriage.
5. The number of days granted under 1.,2.,3., and 4. above in each situation shall be consistent with the requirements of the situation.
6. Up to two (2) days during a school year may be taken within the eight-(8) day limit for religious observance. These days may only be used when the tenets of the religion to which the employee adheres require that the employee attend religious services during working hours.
7. Two (2) days may be taken under this section without stating a reason other than that the days are being taken under this section.
a. There shall be a limit of fifteen (15) employees who may take leave under this section on a day immediately preceding or following a school recess or holiday, except weekends other than those which are part of the school recess or holiday.
b. If more than fifteen (15) employees apply for a leave under this section, such requests shall be considered for approval on a first-come first-served basis.
c. This limitation of fifteen (15) employees does not apply to employees who indicate that they are taking the day as a religious holiday.
8. All such requests must be approved in advance by the Superintendent of Schools upon recommendation of the building principal.
D. Leaves of Absence Without Pay - Miscellaneous
Extended leaves of absence for illness may be granted without salary by the Board of Education for a period of one (1) contract year to secretaries having tenure. The employee shall submit a statement from a physician certifying the need for such leave. There shall be no change of scale placement during such extended leaves for illness.
E. Disability Leave
1. Disability for the purpose of this section occurs when a secretary is unable to perform any or all of his/her normal job functions.
2. The following provisions are in addition to the secretary's use of accumulated sick leave as outlined elsewhere in the Article.
3. Any secretary who anticipates undergoing a state of disability, such as but not limited to surgery, hospital confinement, medical treatment or pregnancy may apply for a leave of absence based upon said disability in accordance with provisions hereinafter set forth.
4. All secretaries anticipating a state of disability shall notify the Superintendent of the condition expected to result in disability as soon as the condition, which may result in disability, is known.
5. A secretary desiring an unpaid disability leave shall provide the Board with a certificate concerning the disability from his/her physician. Said certificate shall review the nature of the disability and the anticipated commencement and termination dates for said disability. The Board may request that its physician, or a physician of its choosing confer, with the employee's physician. The Board may require the secretary to be examined by its own physician if recommended by the Board's physician after said conference. Said examination will be at the Board's expense.
6. In all cases where there is a dispute or difference of opinion between the secretary's physician and the Board physician, the two doctors will select a third, and the parties will be governed by the opinion of third physician. Should the doctors not agree on such third doctor, he or she will be selected by the County Medical Society. The expense of the third physician will be shared by the parties.
7. The secretary requesting a leave under the provisions of 8. and 9. below shall specify in writing the date on which he or she wishes to commence said leave and the date on which he or she wishes to return to employment following recovery from said disability.
8. If the provisions of the foregoing sections have been met, the Board shall grant an unpaid leave of absence to a secretary up to the balance of the year, which concludes on June 30.
9. The secretary may seek an additional unpaid leave of absence of one (1) full school year or less by making application to the Superintendent no later than April 1 of the school year in which the disability leave commenced. The application shall include the employee's statement as to the period of additional unpaid leave required, not to exceed one (1) additional school year. It must be accompanied by a physician's statement pursuant to E.5.
10. The provisions of E.1. et seq. shall not be deemed to impose on the Board any obligation to grant or extend a leave of absence of any non-tenured secretary beyond the end of the contract school year in which the leave is obtained.
11. If a secretary shall file a certificate from her physician that she is disabled as a consequence of a pregnancy or birth, she shall be paid accumulated sick leave for the period of time she is so disabled. The Board shall have the right to have such employee examined by its own physician to confirm the existence of such disability. Disputes shall be resolved under the provisions of 6.
12. No secretary shall be prevented from returning to work after disability leave solely on the basis that there has not been some time lapse between the temporary disability and the desired date of return to work.
F. Child-Rearing Leave Without Pay
1. Applications for child-rearing leave shall be made by the employee to the Superintendent at least four (4) months prior to the anticipated birth date of the child.
2. The Board of Education, upon recommendation of the Superintendent of Schools, shall grant child-rearing leave of not more than one (1) school year, without pay, to any secretary upon request subject to the conditions under F.1. above and F.3. and 4. below.
3. Child rearing shall commence upon the conclusion of the disability period under the terms of E.11. above, or in the case of adoption, under the terms of 5. below.
4. The Board of Education reserves the rights to adjust the termination date to not later than the beginning of the next term or semester following the leave period to assure continuity of the educational and instructional process.
5. Any secretary adopting a child shall be granted a child-rearing leave in conformity with the provisions of 2. above. Such leave shall commence upon the date the secretary obtains custody of the child. Since the date of custody cannot be predetermined in all cases, applications shall be made to the Superintendent at least sixty (60) days prior to the anticipated date of custody if possible, or as soon as practicable.
6. Secretaries on child-rearing leave may substitute in the District within their area of certification or competence.
7. Nothing herein shall prevent the secretary and the Board from agreeing that an employee may return sooner than the leave termination date granted if such earlier return is administratively convenient to the Board and is not medically contraindicated. Denial of early return shall not be subject to the grievance procedure.
8. The Board shall not grant a child-rearing leave of absence to any non-tenured secretary beyond the end of the contract school year in which leave is obtained, and nothing in this Article shall be construed to require the Board to offer a new contract for a new school year to any non-tenured secretary who would not otherwise have been offered such a contract.
9. Upon return from child rearing leave all benefits to which the secretary was entitled at the time of the commencement of leave, including unused accumulated sick leave, shall be restored.
III. PARAPROFESSIONALS
A. Personal Illness
1. Sick Leave
a. Definition
"Sick Leave" is defined as absence from duty because of personal disability due to illness or injury, or because of exclusion from school by the medical authorities because of a contagious disease, or being quarantined for such a disease in the immediate family.
b. Ten-Month Paraprofessionals
In case of absence from school on account of personal illness, paraprofessionals shall be allowed full pay for ten (10) days sick leave during the school year. Paraprofessionals newly employed after the beginning of any school year shall, at the time of employment, be credited with sick leave at the rate of one (1) day for each month or portion of a month remaining in the school year. Any portion of a month shall be considered a full month. The unused number of such days is accumulative to be used for additional sick leave as needed in subsequent years. Accumulation of sick leave above the state mandated ten (10) days per year shall not exceed one hundred (100) additional accumulated days for any paraprofessional.
c. Absence Beyond Accumulated Days
In the event that a paraprofessional exhausts accumulated sick leave, the Board may extend on an individual case basis additional sick leave to such an employee, at the employee's per diem rate of pay minus the cost of a substitute.
d. Any paraprofessional who has accumulated unused sick leave, and who dies while in the employ of the District, shall have all such accumulations paid to his or her estate, pursuant to the formula set forth in the contract.
e. Certification of Illness
Physician's certification of illness, or a signed statement from the employee certifying illness, shall be required at the discretion of the Superintendent.
f. Retirement Payment
(1) Payment shall be made to a paraprofessional by the Board for all of that employee's unused accumulated sick leave upon an official retirement, which has been approved by the New Jersey Division of Pensions.
(2) Such payment shall be made at the rate of twenty percent (20%) of the retiree's daily rate of pay at date of retirement for each unused sick leave day.
B. Serious Illness in the Immediate Family
Five (5) days without loss of pay shall be allowed each year for paraprofessionals contracted to work for twenty (20) hours or more per week as a family leave for serious illness in the immediate family which shall be defined as the employee's spouse, parent, or dependent child as that term is defined by the Internal Revenue Service. This leave shall not be deducted from the accumulated personal sick leave record of the employee. When absence of more than two (2) days at one time is required under this regulation, a physician's certificate may be required.
C. Temporary Leave of Absence - With Pay
Eight (8) days shall be available for personal business without loss of pay for unavoidable absence for every paraprofessional. Employees will provide two (2) weeks notice for taking personal leave for graduation and marriage.
1. Death in the Immediate Family
Immediate family as used here means husband or wife, parents, brothers, sisters, own children, grandparents, grandchild and close in-law relatives of any employee or the death of any relative who was living in the home of the employee immediately prior to his or her death. In the event of the death of more than one immediate family member in one year the Superintendent may grant additional bereavement leave.
2. Legal Purposes
The Board shall grant leave to appear in any legal proceeding which the employee is required to attend. Time lost for the following matters shall not be covered under this provision: Any legal proceeding arising out of an employee's refusal to perform work or otherwise engage in any concerted work stoppage against the Board or in any legal proceeding arising out of a suit in which the employee is a plaintiff against the Board.
3. Graduation exercises of the employee or a member of the employee's immediate family.
4. Marriage
Marriage of the employee or immediate family member of the employee. For purposes of this paragraph only, the term family member shall mean parents, siblings, children or stepchildren, grandparents, or a relative of the employee living in the household of the employee immediately prior to the relative's marriage.
5. The number of days granted under 1.,2.,3., and 4. above in each situation shall be consistent with the requirements of the situation.
6. Up to two (2) days during a school year may be taken within the eight-(8) day limit for religious observance. These days may only be used when the tenets of the religion to which the employee adheres require that the employee attend religious services during working hours.
7. Two (2) days may be taken under this section without stating a reason other than that the days are being taken under this section.
a. There shall be a limit of fifteen (15) employees who may take leave under this section on a day immediately preceding or following a school recess or holiday, except weekends other than those which are part of the school recess or holiday.
b. If more than fifteen (15) employees apply for a leave under this section, such requests shall be considered for approval on a first-come first-served basis.
c. This limitation of fifteen (15) employees does not apply to employees who indicate that they are taking the day as a religious holiday.
8. All such requests must be approved in advance by the Superintendent of Schools upon recommendation of the building principal.
D. Leaves of Absence Without Pay - Miscellaneous
1. Leaves of absence without salary may be granted by the Board to employees. Applications for extended leaves of absence should be made to the Superintendent for the consideration of the Board.
2. Extended leaves of absence for illness may be granted without salary by the Board of Education for a period of one (1) contract year to paraprofessionals. The employee shall submit a statement from a physician certifying the need for such leave. There shall be no change of scale placement during such extended leaves for illness.
E. Disability Leave
1. Disability for the purpose of this section occurs when a paraprofessional is unable to perform any or all of his/her normal job functions.
2. The following provisions are in addition to the paraprofessional's use of accumulated sick leave as outlined elsewhere in the Article.
3. Any paraprofessional who anticipates undergoing a state of disability, such as but not limited to surgery, hospital confinement, medical treatment or pregnancy may apply for a leave of absence based upon said disability in accordance with provisions hereinafter set forth.
4. All paraprofessionals anticipating a state of disability shall notify the Superintendent of the condition expected to result in disability as soon as the condition, which may result in disability, is known.
5. A paraprofessional desiring an unpaid disability leave shall provide the Board with a certificate concerning the disability from his/her physician. Said certificate shall review the nature of the disability and the anticipated commencement and termination dates for said disability. The Board may request that its physician, or a physician of its choosing confer, with the employee's physician. The Board may require the employee to be examined by its own physician if recommended by the Board's physician after said conference. Said examination will be at the Board's expense.
6. In all cases where there is a dispute or difference of opinion between the employee's physician and the Board physician, the two doctors will select a third, and the parties will be governed by the opinion of third physician. Should the doctors not agree on such third doctor, he or she will be selected by the County Medical Society. The expense of the third physician will be shared by the parties.
7. The paraprofessional requesting a leave under the provisions of 8. and 9. below shall specify in writing the date on which he or she wishes to commence said leave and the date on which he or she wishes to return to employment following recovery from said disability.
8. If the provisions of the foregoing sections have been met, the Board shall grant an unpaid leave of absence to an employee up to the balance of the year, which concludes on June 30.
9. The employee may seek an additional unpaid leave of absence of one (1) full school year or less by making application to the Superintendent no later than April 1 of the school year in which the disability leave commenced. The application shall include the employee's statement as to the period of additional unpaid leave required, not to exceed one (1) additional school year. It must be accompanied by a physician's statement pursuant to E.5.
10. The provisions of E.1. et seq. shall not be deemed to impose on the Board any obligation to grant or extend a leave of absence of any paraprofessional beyond the end of the contract school year in which the leave is obtained.
11. If a paraprofessional shall file a certificate from her physician that she is disabled as a consequence of a pregnancy or birth, she shall be paid accumulated sick leave for the period of time she is so disabled. The Board shall have the right to have such employee examined by its own physician to confirm the existence of such disability. Disputes shall be resolved under the provisions of 6.
12. No paraprofessional shall be prevented from returning to work after disability leave solely on the basis that there has not been some time lapse between the temporary disability and the desired date of return to work.
F. Child-Rearing Leave Without Pay
1. Applications for child-rearing leave shall be made by the paraprofessional to the Superintendent at least four (4) months prior to the anticipated birth date of the child.
2. The Board of Education, upon recommendation of the Superintendent of Schools, shall grant child-rearing leave of not more than one (1) school year, without pay, to any paraprofessional upon request subject to the conditions under F.1. above and F.3. and 4. below.
3. Child rearing shall commence upon the conclusion of the disability period under the terms of E.11. above, or in the case of adoption, under the terms of 5. below.
4. The Board of Education reserves the rights to adjust the termination date to not later than the beginning of the next term or semester following the leave period to assure continuity of the educational and instructional process.
5. Any paraprofessional adopting a child shall be granted a child-rearing leave in conformity with the provisions of 2. above. Such leave shall commence upon the date the employee obtains custody of the child. Since the date of custody cannot be predetermined in all cases, applications shall be made to the Superintendent at least sixty (60) days prior to the anticipated date of custody if possible, or as soon as practicable.
6. Employees on child-rearing leave may substitute in the District within their area of responsibility or competence.
7. Nothing herein shall prevent the employee and the Board from agreeing that an employee may return sooner than the leave termination date granted if such earlier return is administratively convenient to the Board and is not medically contraindicated. Denial of early return shall not be subject to the grievance procedure.
8. The Board shall not grant a child-rearing leave of absence to any non-tenured employee beyond the end of the contract school year in which leave is obtained, and nothing in this Article shall be construed to require the Board to offer a new contract for a new school year to any non-tenured employee who would not otherwise have been offered such a contract.
9. Upon return from child rearing leave all benefits to which the employee was entitled at the time of the commencement of leave, including unused accumulated sick leave, shall be restored.
IV. BUILDINGS AND GROUNDS
A. Sick Leave
1. Sick leave is defined as absences from duty because of personal disability due to illness or injury, or because of exclusion from school by the medical authorities on account of a contagious disease, or being quarantined for such a disease in the immediate household.
2. Sick leave shall accrue for all buildings and grounds employees at the rate of one (1) day per month or part thereof during the first calendar year of employment, and twelve (12) days per year of employment thereafter, and shall accumulate from year to year. However, accumulation of sick leave above the state mandated ten (10) days per year shall not exceed one hundred (100) additional accumulated days for any buildings and grounds employee.
3. A certificate of a physician in attendance shall be required as proof of need of the employee's leave after three (3) consecutive days sick leave, or after ten (10) days sick leave in any one (1) school year.
4. The Assistant Superintendent for Business may, at any time, require proof of illness of a buildings and grounds employee on sick leave, whenever such a requirement appears reasonable to the Assistant Superintendent for Business .
5. Upon return from sick leave, the Board may require a buildings and grounds employee to submit a certificate of a physician stating that the employee is fit to return to full duty.
6. Upon retirement from service under the Public Employees Retirement System, the Board shall reimburse the employee for all unused sick days at the rate of twenty percent (20%) of the employee's normal daily rate of pay at retirement for each day of unused sick leave.
7. Any buildings and grounds employee who has accumulated unused sick leave, and who dies while in the employ of the district, shall have all such accumulations paid to his or her estate, pursuant to the formula set forth in the contract.
8. In the event that a custodial or maintenance employee exhausts his accumulated sick leave, the Board may extend on an individual case basis additional sick leave to such an employee, at the employee's per diem rate of pay minus the cost of a substitute.
B. Serious Illness In The Immediate Family
Five (5) days without loss of pay shall be allowed each year as a family leave for serious illness in the immediate family which shall be defined as the buildings and grounds employee's spouse, parent, or dependent child as that term is defined by the Internal Revenue Service. This leave shall not be deducted from the accumulative personal sick leave record of the employee. When absence of more than two (2) days at one time is required under this regulation, a physician's certificate may be required.
C. Temporary Leaves Of Absence
1.Up to a maximum of eight (8) days per school year shall be available for personal business without loss of pay. Employees will provide two (2) weeks notice for taking personal leave for graduation and marriage.
a. Death in the Immediate Family - Immediate family as used herein means husband, wife, parents, brothers, sisters, own children, grandparents, grandchild and close in-law relatives of any employee or the death of any relative who is living in the home of the employee immediately prior to his or her death. In the event of the death of more than one immediate family member in one year the Superintendent may grant additional bereavement leave.
b. Legal purposes, which are, court appearances, real estate transactions, etc.
c. Marriage of the employee or immediate family member of the employee. For purpose of this paragraph and this paragraph only, the term "family member" shall mean parents, siblings, children or stepchildren, grandparents, or a relative of the employee living in the household of the employee immediately prior to the relative's marriage.
d. Graduation exercises of the employee or a member of the immediate family.
e. Two (2) days may be taken under this Article without stating a reason other than the day is being taken under this article.
f. Up to two (2) days during a school year may be taken within the eight-(8) day limit for religious observance. These days may only be used when the tenets of religion to which the employee adheres require that the employee attend religious services during working hours.
2. All requests must be approved in advance by the Superintendent of Schools upon recommendation of the Business Administrator.
ARTICLE 13
EMPLOYEE EVALUATION
I. TEACHERS
A. Frequency - Non-tenured Teachers
Non-tenured certificated personnel shall be formally evaluated by their superiors at least three (3) times in each school year, to be followed in each instance by a written evaluation report and by a conference between the certificated employee and his/her immediate superior for the purpose of identifying any deficiencies, extending assistance for their correction and improving instruction.
B. Frequency - Tenured Teachers
Each tenured certificated employee is formally evaluated each year, but the Board of Education or administration may request evaluation more often if desired as stated in Board of Education policy. Such formal evaluation (classroom teacher) in each instance shall consist of at least one (1) in-classroom observation of at least thirty (30) minutes, each occurring on separate days. It is understood that there may be informal observations or visitations during the year in which there will be no required reports.
C. General Criteria
1. Open evaluation - All monitoring or observation of the work performance of a certificated employee shall be conducted openly and with full knowledge of the employee. The use of remote sensory devices shall be strictly prohibited.
2. Evaluation by Certificated Supervisors - Certificated personnel shall be evaluated only by person certificated by the New Jersey State Board of Examiners to supervise instruction.
3. Copies of Evaluation - A certificated employee shall be given a copy of any class visit or evaluation report prepared by his evaluators at least one (1) day before any conference to discuss it. No such report shall be submitted to the central office, placed in the employee's file or otherwise acted upon without prior conference with the employee. No employee shall be required to sign a blank or incomplete evaluation form.
D. Evaluation Procedure
1. Communication - Prior to any evaluation report the immediate superior of a certificated employee shall have had appropriate communication including, but not limited to, all steps in paragraph 2. below with said employee.
2. Reports - Evaluation reports shall be presented to each employee by his/her immediate superior in accordance with the following procedures:
a. Such reports shall be issued in the name of the immediate superior based on a compilation of reports and observations by any or all supervisory personnel who come into contact with the employee in a supervisory capacity.
b. Such reports shall be addressed to the employee.
c. Such reports shall be written in narrative form and shall include when pertinent:
(1) Strengths of the employee as evidenced during the period since the previous report.
(2) Weaknesses of the employee as evidenced during the period since the previous report.
(3) Specific suggestions as to measures, which the employee might take to improve his/her performance in each of the areas wherein weaknesses, have been indicated.
3. Evaluation conferences shall be held within ten (10) school days of the evaluation observation.
II. PARAPROFESSIONALS
A. Administrators shall keep paraprofessionals informed as to whether or not the kind of service being performed is:
1. Commendable.
2. Satisfactory.
3. Needs improvement.
4. Unsatisfactory.
B. The appropriate administrator shall give written evaluations on the "Evaluation Form for Non-Instructional Personnel" at least once a year for new employees (less than two years of service) and once a year for employees with two or more years of service.
C. If service rendered is less than satisfactory, the appropriate administrator shall confer with the employee at the time the evaluation form is given to the employee.
D. All written evaluations shall be given to the employee for signature and written comments prior to submission of the reports to the Superintendent.
III. BUILDINGS AND GROUNDS
Evaluations
There shall be a minimum of two (2) evaluations each twelve (12) month period. Evaluation of buildings and grounds personnel shall be by the Supervisor of Buildings and Grounds and the Building Principal. Evaluation of groundskeepers and maintenance workers shall be by the Supervisor of Buildings and Grounds.ARTICLE 14
SALARY POLICY AND INCENTIVES AND PREMIUM PAY
I. TEACHERS
A. The Board of Education will allow credit for approved academic training on the basis of a standard semester hour.
B. Rules and Regulations
1. Degree Teachers
A degree from a recognized institution will be evaluated as 120 semester hours. Institutions recognized by the State Department of Education will be recognized by Moorestown.
2. Adjustment on Salary Guide to New Column
a. Salary adjustments to a new column of the guide are made annually on the presentation of official evidence of eligibility for a new column. Deadline dates for submission of evidence of credits to be counted for salary moves are July 15, August 15, October 15, and March 15. Transcripts are to be submitted to the Superintendent. Salary payment provisions for adjusted salaries are as follows:
(1) Board approvals made in July and August affect salary for the current school year beginning July 1.
(2) Increases approved by the Board in October are retroactive to September 1.
(3) Increases approved by the Board in March are retroactive to February 1.
(4) New contracts will be issued to certificated personnel whose salary status is changed.
b. Steps on Salary Guide are not the equivalent of years teaching.
c. Increments will be granted only when recommended by the Superintendent of Schools and approved by the Board of Education.
d. Certificated personnel new to the system may receive such credit for similar service as recommended by the Superintendent of Schools and approved by the Board of Education, but salaries of any new employee, should, as far as possible, be in line with salaries of staff with similar service.
e. Certificated personnel new to the system may receive such credit for previously evaluated experience up to and including ten (10) years on the salary guide. Initial placement beyond ten (10) years shall be approved by the Board of Education.
f. Certificated personnel who plan to enroll for college credit courses or equivalency credit work shall, in order to move on the salary guide, seek approval from the Superintendent in advance. Requests must be submitted on the proper form. Such courses, if taken on the undergraduate level, will be approved for salary credit only if taken for certification purposes or if valuable in relation to the employee's subject field.
3. Academic Requirements for Salary Columns
a. Scale I (Bachelor's Degree) - Certificated employee with degree evaluation at 120 semester hours.
b. Scale II (Bachelor's + 15) - 15 approved credits after the Bachelor's Degree.
c. Scale III (Bachelor's + 30) - 30 or more approved credits after the Bachelor's Degree but without an approved Master's Degree.
d. Scale IV (Master's Degree) - a Master's Degree granted for more than 30 credits will be honored for total credits earned. A Master's degree granted for fewer than 30 credit hours will be honored.
e. Scale V (Master's + 15) - 15 approved credits after the Master's Degree as approved in advance by the Superintendent of Schools.
f. Scale VI (Master's + 30) - 30 or more approved credits after the Master's Degree as approved in advance by the Superintendent of Schools.
g. Scale VII (Doctor's Degree) - a Doctor's Degree granted by an accredited college or university.
4. Foreign and Domestic Travel
a. Travel credit may not exceed a total of six (6) semester hours and shall not be retroactive.
b. Foreign travel is defined as travel requiring a passport.
(1) One semester hour credit per week will be allowed.
(2) An itinerary and its instructional value must be presented in a plan to the Superintendent of Schools for approval in advance.
(3) A satisfactory report must be filed at the conclusion of the trip with the Superintendent of Schools. This report should be the equivalent of a term paper and relate to instructional values of the experience.
c. Domestic travel is defined as travel not requiring a passport.
(1) One-half semester credit per week will be allowed with a minimum of one week for a trip.
(2) The minimum mileage per trip is 1,000.
(3) An itinerary and its instructional value must be presented in a plan to the Superintendent of Schools for approval in advance.
(4) A satisfactory report must be filed at the conclusion of the trip with the Superintendent of Schools. This report should be the equivalent of a term paper and relate to the instructional values of the experience.
5. The Board of Education reserves the right to withhold increments and adjustments in any given year with due notice to the certificated employee at least three (3) months prior to the issuance of contracts. Nothing in this section shall be construed to prohibit the Board from exercising its right to withhold increments under applicable statutes and rules and regulations.
6. Members of the unit as defined in Article 1, B. of this Agreement who are employed under a 12-month contract shall be paid at the rate 1.2 based upon their placement on Salary Guide A.
C. Effective upon ratification of this Agreement there shall be a tuition reimbursement program established with the following conditions:
1. Courses taken must be in education or within the teaching area in which the certificated employee works.
2. The employee must receive a grade of "B" or better in the course.
3. The course must be approved by the Superintendent whose decision may not be the subject of a grievance.
4. Approval for courses must be in advance.
5. Only graduate level courses may be approved. Exceptions may be made in unusual cases at the Superintendent's discretion.
6. The Board will provide $85,000 in each year of this agreement for tuition reimbursement. ($85,000 in year 2004-2005; $85,000 in year 2005-2006; $85,000 in year 2006-2007) In no event shall the Board be required to spend more than the designated amounts in any year for the combined tuition reimbursement requests of certificated staff and non-teaching staff.
a. There shall be no limit on the number of courses a certificated employee can take, so long as the total expenditure in any one-year shall not exceed the indicated annual tuition reimbursement maximum set forth above.
b. The total amount of funds will be divided by the total amount of credit hours approved for tuition reimbursement to determine a dollar value per credit.
c. This dollar per credit will then be distributed to members based on the number of approved credit hours and each employee will receive the prorated amount so calculated.
d. No member will receive more than the total amount actually expended for tuition. If there are funds remaining after initial per credit calculation, monies will be distributed evenly up to 100% of their tuition until all monies have been distributed.
e. Paper work indicating completion of the course and the grade for the course will be presented to the BOE office no later than June 30 of the contract year. Payment for reimbursement will be made July 30 of the next contract year. (30 days later)
f. Courses will be charged to the available funds for the fiscal year in which the last classroom session in the course is held.
D. Notification of Retirement
In order to facilitate staffing, any certificated employee or secretary who gives written notice of his/her intention to retire at least six(6) months prior to his/her actual retirement date shall receive a cash bonus of five hundred ($500.00) from the Board.
II. SECRETARIES
A. Secretaries new to the system may receive such credit for similar service as recommended by the Superintendent of Schools and approved by the Board of Education, but salaries of new employees should, as far as possible, be in line with salaries of staff with similar service.
B. Secretaries new to the system may receive such credit for previously evaluated service up to and including ten (10) years on the salary guide. Initial placement beyond ten (10) years shall be approved by the Board of Education.
III. BUILDINGS AND GROUNDS
A. Salaries
1. The salaries for buildings and grounds employees shall be as designated in "Salary Schedule" in Appendix A, attached.
2. Buildings and Grounds personnel hired on or after February 1 shall remain on the step hired until July 1 of the succeeding year. Buildings and Grounds personnel hired prior to February 1 shall advance on the salary guide.
B. Premium Pay
1. The Board of Education, at its discretion, shall appoint two (2) Custodians as night crew leaders. One shall be at the middle school and the other at the high school. They shall serve as night crew leaders under supplemental contracts effective September 1 through June 30 of each year. During that ten-(10) month period, they shall receive additional compensation equal to ten percent (10%) of their regular base salaries.
2. The Head Custodian in the building, or his designee with the approval of the Superintendent, shall receive a supplemental contract for the period September 1 through June 30 if there is a Board approved after school program in the building. The contract shall provide for additional compensation equal to ten percent (10%) of his regular base salary.
3. Each custodian and maintenance employee who is in possession of a Black Seal License shall receive an additional compensation of $991 in 2004-05, $1043 in 2005-06 and $1097 in 2006-07.
IV. PARAPROFESSIONALS
Paraprofessionals who accumulate thirty (30) college credits directly related to current responsibilities shall receive an adjustment of twenty cents ($.20) per hour. Paraprofessionals with an Associates Degree directly related to being an Instructional Assistant or a Bachelor’s Degree will receive an adjustment of forty cents ($.40) per hour (total). Adjustments will be effective per the schedule for column movement for teachers. Institutions must be accredited by DOE.
V. TUITION FOR NON-CERTIFICATED STAFF
A. Tuition reimbursement shall be provided to non-certificated staff in an amount not to exceed Seven Hundred and Fifty dollars ($750.00) per year per individual for courses directly related to their current responsibilities. The Board will provide up to $200 toward the cost of the electrician’s license renewal fee. Any additional cost will come from the tuition reimbursement fund.
B. Courses must be approved in advance by the Superintendent whose decision may not be the subject of a grievance.
C. The total cost for such tuition reimbursement is to come out of the annual maximums established in Section I.C.6 of Article 14 dealing with tuition reimbursement for teachers, and the Board shall not be required to spend more than these annual contractual maximums for the combined tuition reimbursement requests of the teaching and non-teaching staff. ARTICLE 15
PERSONNEL RECORDS
A. An employee shall have the right, upon request, to review the contents of his/her personnel file and to receive copies at Board expense of any documents contained therein. An employee shall be entitled to have a representative of the Association accompany him/her during such review. At least once every three-(3) years, an employee shall have the right to indicate those documents and/or other materials in his/her file which he/she believes to be obsolete or otherwise, inappropriate to retain. Said documents shall be reviewed by the Superintendent or his/her designee and if, in fact, they are obsolete or otherwise inappropriate to retain, they shall be destroyed. Disputes over the retention of said documents may be processed through the grievance procedure commencing at Level Two.
B. No material derogatory to an employee's conduct, service, character or personality shall be placed in his/her personnel file unless the employee has had an opportunity to review the materials. The employee shall acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with contents thereof. The employee shall also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent or his/her designee and attached to the file copy.
C. The Board shall not establish any separate personnel file, which is not available for the employee's inspection. It is understood that pre-employment personal and academic references are not subject to inspection by the employee.
D. Termination of Employment
Upon termination due to a reduction in force, a summative evaluation shall be provided prior to severance. For termination for any other reason, an informal exit interview shall be provided upon the request of the employee, and no summative evaluation shall be required.
ARTICLE 16
COMMITTEES
A. Faculty Advisory Council
1. There shall be a district level Faculty Advisory Council comprised of two representatives for each school building, the President of the Association, the Superintendent of Schools, the Assistant Superintendent and the Principal (or designee) of each school in the district and subject supervisors as needed. The Faculty Advisory Council shall meet at 2:30 p.m. on the designated day.
2. Areas for consideration by the district Faculty Advisory Council shall be:
a. Review, revision and development of district policies and practices.
b. Administration of this Agreement.
3. There shall be a building level Faculty Advisory Council formed in the following manner:
Each building faculty shall elect a faculty committee for each school building, which shall meet with the principal at least once a month. Said committee shall consist of one member for every ten-(10) teachers in the school building, and, in no event have fewer than three (3) members. Two (2) of the elected members shall be the members of the district level Faculty Advisory Council.
4. Areas for consideration by the building level Faculty Advisory Council shall include school building level discussions about review, revision, and development of building policies and practices.
B. Health and Safety Committee
A Health and Safety Committee as an ad hoc committee shall be organized for the duration of this Agreement. The committee will be composed of two (2) teachers and one (1) principal from each school, the school business administrator, Superintendent, supervisor of buildings and grounds as a resource person. The committee will assist in the inspection of each school and make recommendations for improved working conditions. Teachers shall be selected by the building faculty.
C. 4-4-1 Committee
A committee shall be comprised of four (4) members of the Board, selected by the Board; four (4) members of the Association, selected by the Association; and the Superintendent of Schools. The purpose of the committee shall be to discuss concerns of either party. The meeting must be held within thirty (30) calendar days of the request of either party.
ARTICLE 17
WORK YEAR
I. TEACHERS
A. The work year for certificated personnel shall be one hundred eighty-five (185) days which includes two (2) days to be dedicated for inservice.
B. In order to receive the final paycheck, a certificated employee must complete year-end activities including, but not limited to book collection, grading, record keeping, and room condition.
C. Per Diem rates for ten-month employees, when applicable under this contract, shall be 1/200 of the annual salary.
II. SECRETARIES
A. The work year for ten-month secretaries shall be September 1 through June 30.
B. Per Diem rates for ten-month secretaries, when applicable under this contract, shall be 1/200 of the annual salary.
C. Vacation - 12 Month Secretaries
1. Secretarial unit members who are twelve-month employees shall receive vacation each year at the rate of one and one-quarter (1-1/4) days per month accumulation.
2. Secretaries who have completed twenty (20) years of service in the district shall be entitled to twenty (20) days of annual paid vacation.
III. PARAPROFESSIONALS
The work year for paraprofessionals shall be one hundred eighty-four (184) days which includes two (2) days to be dedicated for inservice. For purposes of calculating annual salaries, 186 will be the factor used to compensate for two (2) paid holidays at their contracted daily rate of pay.
IV. BUILDINGS AND GROUNDS
HOLIDAYS
A. The following days shall be designated as paid holidays for buildings and grounds during the term hereof, subject to the terms and conditions set forth in this Article.
1. Independence Day
2. Labor Day
3. Yom Kippur
4. Thanksgiving Day
5. Day after Thanksgiving Day
6. Christmas Eve
7. Christmas Day
8. New Year's Eve
9. New Year's Day
10. Martin Luther King Day
11. Presidents' Day
12. Good Friday
13. Easter Monday
14. Memorial Day.
B. If school is in session on one of the above holidays, an alternate, mutually acceptable day shall be selected for the holiday.
C. Holidays which fall on Saturday or Sunday shall be celebrated on the preceding Friday or following Monday, respectively, unless school is in session on such day, in which case a mutually acceptable day shall be selected for the holiday observance.
D. Not more than four (4) buildings and grounds employees shall be allowed two (2) days off with pay to attend the NJEA Annual Convention.
E. For purposes of determining entitlement to overtime pay, a holiday shall be considered as time worked in computing the required forty (40) hours of the regular work week.
VACATIONS
A. Buildings and grounds employees shall be entitled to receive vacations in accordance with the following schedule:
Length of Service based upon Date of Hire Number of Days
90 days to 1 year 5 days
1 year to 5 years 10 days
6 years to 14 years 15 days
15 years to 19 years 20 days
20 years and over 25 days
B. Vacation times shall be scheduled in coordination with the work schedule, and shall be subject to the approval of the employee's supervisor. Buildings and grounds employees in each building shall be entitled to preference in selection of vacation in accordance with each person's length of continuous service in the district. This preference must be exercised by May 1 of each year, after which vacation time shall be available on a first-come, first-served basis.
C. Buildings and grounds employees who are scheduled for vacation during a week in which there is a paid holiday shall not be charged a vacation day on the holiday.
D. Buildings and grounds employees shall not be permitted to accumulate more than twice the amount of annual vacation entitlement unless requested by an administrator.
E. Payment shall be made for any earned but unused vacation time upon separation of employment, calculated at the rate of pay received by the employee at time of separation.
V ATHLETIC TRAINER
A. All contract provisions apply to the position of Athletic Trainer except as differentiated below:
1. Work Year: August 15 to one week after the last day of spring sports (regardless of the last day for teachers). The trainer collects equipment, does inventory, orders for next year, completes all reports and cleans all areas
2. Holidays: The following is a list of holidays the Athletic Trainer will not be expected to work. If it is necessary to work on one of these days the Athletic Trainer will be paid at 1 ½ (1.5) times the hourly wage for every hour worked:
Labor Day
Thanksgiving
Christmas Eve
Christmas Day
New Year’s Day
Good Friday
Memorial Day
July 4th
ARTICLE 18
WORK ASSIGNMENT AND WORKDAY
I. TEACHERS
A. Notification of Assignment
1. Not earlier than June 15 or later than July 15, certificated personnel will be notified of the following matters concerning assignment for the following year:
a. Subjects to be taught.
b. Grade or class assignment.
c. Building assignment.
2. Circumstances and/or emergencies may necessitate changes. In the event that changes are made in 1.a., b., or c., following July 15, the employee affected shall be promptly notified in writing.
B. Meetings
There will be no more than four (4) mandatory meetings per month. Such meetings shall be used for information exchange, department meetings, grade-level meetings, professional development, or other activities. No more than two (2) of the four (4) meetings per month may be used for professional development and these meetings will be scheduled in the afternoon. The meetings shall be limited as follows:
1. Begin no earlier than ten (10) minutes following regular student dismissal times.
2. Limited to fifty (50) minutes duration, not to end more
then (60) minutes after students are dismissed.
3. District meetings will be held between 3:40 and 4:30 p.m.
4. Agenda must be provided at least twenty-four (24) hours prior to meeting.
5. Faculty may provide items for the agenda.
6. Meetings may not be scheduled for any Friday, or on days preceding school holidays.
7. Association announcements may be made at end of meetings.
8. Meetings may not be scheduled during parent conference week.
C. Non-Classroom Professional Staff - Work Day
Non-classroom professional staff who are members of the unit as defined in Article 1, paragraph B. of this Agreement shall have the same length working day as classroom teachers.
D. Bus Duty
Teachers assigned to the elementary schools may be assigned to bus duty. Persons so assigned shall be reimbursed at the appropriate rate.
E. Transfers
Teachers may request building and/or grade level transfers.
F. Preparation Time
Elementary teachers - Preparation time for all full time elementary teachers shall include the twenty (20) minutes following lunch five (5) days per week plus four (4) regular class periods per week
Upper Elementary school teachers - Preparation time for all full time upper elementary school teachers shall average ten (10) regular classroom periods over a ten (10) day work period, with no less than forty (40) minutes per preparation period, and preparation periods on at least four (4) days of every five day work week.
Middle school teachers - Preparation time for all full time middle school teachers shall average ten (10) regular classroom periods over a ten (10) day work period, with no less than forty (40) minutes per preparation period, and preparation periods on at least four (4) days of every five day work week.
High school teachers - Preparation time for all full time high school teachers shall average ten (10) regular classroom periods over a ten (10) day work period, with no less than forty minutes per preparation period, and preparation periods on at least four (4) days of every five day work week.
If a teacher is deprived of any preparation time provided by the contract, as a result of a principal's or administrative directive, except as provided in paragraph H. of this Article, said teacher shall be compensated for such lost preparation, at regular rates based upon the teacher's per diem rate of pay as set forth in Article 17.I.C.
G. Work Day
The parties agree that the regular work day shall be no longer than six hours and forty-five minutes (6 hours and 45 minutes), excluding lunch, and exclusive of meeting time as provided elsewhere in this Agreement. Lunch shall be no less than forty (40) minutes. The parties agree that minor adjustments in the length of the school day may be made unilaterally by the Board of Education to accommodate the District's needs but in no event shall the length of the work day at any school be altered by more than eleven (11) minutes beyond the aforementioned six hours and forty-five minutes (6 hours and 45 minutes).
H. Work Load
1. The assignment of teachers is a prerogative of the Board as long as all contractual obligations are met.
2. The Board may assign no more than twenty-five percent (25%) of the teachers in the Middle and High School per year to a sixth teaching period (30 regular classes per week). In calculating the number of teachers available for a sixth teaching period, the instrumental music and driver education teachers will be excluded. These teachers may be assigned a sixth teaching period and will not be included in the base that is used to calculate the potential 25% who may be assigned to a sixth teaching period. Teachers are counted based upon their full-time equivalency (FTE). Teachers teaching a sixth period will not be assigned to a duty period (nor to a homeroom if administratively possible).
3. Volunteers will first be solicited from among teachers qualified for the prospective assignments by the Board. If there are no such volunteers, the Board shall assign teachers on a rotating basis, when possible.
4. The Superintendent will notify the Association President of
the need and assignments and will confer upon request with
representatives of the Association on possible ways to fill the
assignments.
5. A seventh class period of teaching may be assigned on one day per week when the total classes being taught per week by that teacher does not exceed twenty-five (25) classes. The teacher shall be paid an additional compensation of $2,000. This assignment shall not occur more than once every two-(2) years.
6. Teachers who are scheduled for a preparation period and who volunteer to cover the class of an absent teacher shall be paid thirty dollars ($30.00) per period. Teachers may volunteer to give up their lunch to cover such a class, and shall be paid the same amount.
7. Teacher schedules in a departmentalized structure ideally should have no more than three (3) consecutive periods and no more than three (3) different subject preparations. Administrators are encouraged to create schedules with this in mind.
8. If the district schedules instructional programs before and after the school day:
a. Classes will be non-graded
b. One (1) hour of pay for every forty (40) minute period.
c. Hourly rate will be calculated by dividing the yearly salary by 1400 (200 days times 7 hours per day).
II. SECRETARIES
A. Secretarial Work Day
1. Secretarial summer hours shall commence on the day after school is over for the students and teachers in June.
2. Secretarial summer hours referred to under Paragraphs A. 1 and 3. shall be those which are currently practiced depending upon the work location of the secretary, namely 7:30 a.m. to 3:00 p.m. or 8:00 a.m. to 3:30 p.m.
3. Each secretary shall be guaranteed a daily thirty-(30) minute lunch break, duty free, during the summer.
4. Secretaries who are required to work in excess of forty (40) hours in any week shall be compensated for all such hours in excess of forty (40) at time and one-half (1-1/2) rates, with paid time and one-half (1-1/2) to be in cash or time off as selected by the secretary.
5. The secretary work day during the school year shall consist of seven-and-one-half hours. In addition, the lunch break shall be thirty minutes in the school buildings and sixty minutes in the administration building, on top of the seven –and-one-half hour work day.
III. PARAPROFESSIONALS
A. Notification of Assignment
1. Not later than July 15, and earlier if conditions make it possible, paraprofessionals will be notified of their future employment status and the number of hours scheduled.
2. Circumstances and/or emergencies may necessitate changes. In the event that changes are made following July 15, the paraprofessional affected shall be promptly notified in writing.
3. Each para-professional shall be released from duties for a ten (10) minute break. This applies to para-professionals employed for four (4) or more hours per day.
4. All vacancies will be posted in the appropriate work locations.
IV. BUILDINGS AND GROUNDS
HOURS OF WORK
A. The normal workweek for full-time buildings and grounds employees shall consist of forty (40) hours per week, Monday through Friday. However, the last shift on Friday may extend beyond midnight without incurring overtime unless that time is beyond forty (40) hours.
B. Work schedules showing the buildings and grounds employees' shifts, workdays and hours shall be posted in each school.
C. Each buildings and grounds employee whose work day exceeds four (4) hours shall be entitled to a one-half (1/2) hour lunch period, to be scheduled by the employee's immediate supervisor. Employees may leave the school premises for their lunch period.
D. Each buildings and grounds employee shall be entitled to one (1) fifteen (15) minute break in the morning and one (1) fifteen (15) minute break in the afternoon. Said breaks shall be scheduled solely by the employee's immediate supervisor.
E. Buildings and grounds employees shall be entitled to one and one-half (1-1/2) times their regular base rate of pay for all time worked in excess of the regular forty (40) hours in any work week.
F. Rotational List
1. Overtime work shall be offered on a rotational basis among qualified workers in the building(s) where the overtime work is needed.
2. A rotational list for offering overtime shall be maintained for each building, which shall be structured in accordance with each person's length of continuous service in the district.
3. If use of the rotational list results in no or few qualified volunteers, the overtime work shall be assigned to the qualified person in the building who has the shortest length of continuous service with the district. However, all employees recognize that they can be required to work a reasonable amount of overtime in order to prevent the junior employee from working an excessive amount.
G. Buildings and grounds employees shall be entitled to two times their regular base rate of pay for all hours worked in excess of the forty (40) hours in any work week if said excess falls on a Sunday. Employees shall be compensated two times their base pay for performing work on holidays.
H. The Board has the right to schedule overtime work as needed.
I. The Board will make available to the Association monthly records of all overtime worked by buildings and grounds employees.
J. If a buildings and grounds employee is recalled to duty, he/she shall receive a minimum guarantee of two (2) hours' compensation at the overtime rate, provided said recall duty is not contiguous with the employee's normal shift. The Board shall have the right to retain the employee on recall duty for the minimum two-(2) hour time period.
K. When any custodian assumes the role of head custodian, after five (5) consecutive days, that custodian will receive twenty dollars ($20.00) a day, in addition to his base salary, retroactive to the first day of the assignment. Head custodian substitute will be paid on the guide after one (1) month, retroactive to the first day of the assignment.
ARTICLE 19
SENIORITY
A. In the event of a reduction in force, and for that purpose only, a seniority list shall be established for each salary classification of buildings and grounds employee. Employees shall be placed on the seniority list in accordance with their date of hire.
B. Buildings and grounds employees will be let go, according to seniority with the following conditions:
Within the classification of employees, certain assignments require special skills and experience. Seniority will be considered in retaining employees in circumstances where skills and experience are a determining factor, only when ability and qualifications are equal.
C. A buildings and grounds employee's seniority shall terminate and he shall no longer be considered an employee upon:
1. Discharge.
2. Voluntary quit.
3. Retirement.
4. Unreported absence of three (3) workdays.
ARTICLE 20
STAFF FACILITIES
The Board shall provide the following:
A. A private telephone in each staff lounge for the exclusive use of staff.
B. A well-lighted and clean staff rest room separate from the student rest rooms.
C. A suitable dictionary in every classroom, as requested.
D. Books, paper, pencils, pens, chalk, erasers, marking pens, stapler, scotch tape dispenser, will be available for each teacher's use.
E. Upon request of the Association, vending machines may be installed in the staff lounge and staff lunchroom area.
ARTICLE 21
MISCELLANEOUS BENEFITS
A. All employees who do not reside in Moorestown Township may elect to enroll their children in the Moorestown Township Public Schools and pay twenty-five percent (25%) of the regular private tuition rate. Said tuition will be automatically deducted from employee's payroll.
B. Employees under contract to the Moorestown Township Board of Education, their spouses and dependent children, and retirees of the district may enroll in the Moorestown Adult School tuition free. "Retired" shall be interpreted as it is for payment for unused sick leave.
C. In the event the Board directs a teaching staff member to relocate his/her classroom from one building to another at any time outside of the regular school year, the Board shall pay the teaching staff member the hourly rate applicable to summer school teaching for all hours required by such relocation.
D. A meal allowance of up to ten dollars ($10.00) will be provided each employee accompanying pupils on a field trip, or for employees attending an approved conference, when either activity extends over the employee's normal lunch period, upon presentation of a voucher.
E. Chaperones-
Staff shall be compensated at the rate of Thirty dollars ($30.00) per session.
F. Homebound Instruction - "Homebound" instruction shall be compensated at the hourly rate set forth in the Extra Curricular Schedule.
G. Retired staff shall be eligible for a card, comparable to a staff identification card that will provide free admission to school activities. "Retired" shall be interpreted as it is for payment for unused sick leave.
H. There shall be a probationary period of ninety (90) days for all newly hired Buildings and Grounds employees during which said employees shall not be entitled to any of the benefits set forth in this Agreement.
I. In-service Lecturers:
Members who serve as instructors for in-district, in-service training programs shall be paid as follows:
1. Two hours pay for every one hour of instruction (or a pro-rated amount for less than one hour of instruction), at the “Summer Curriculum Rate”, when the instruction occurs on days and/or times when the member would otherwise not be at work;
2. One hour pay for every one hour of instruction (or a pro-rated amount for less than one hour of instruction), at the “Summer Curriculum Rate”, when the instruction occurs on a work day such as an early dismissal day for students.
Such pay will not apply to short presentations made at faculty meetings where the presentation is one item on an agenda that covers several business items.
J High School Counselors
1. Counselors will work seventeen (17) days in the summer and ten (10) evenings at two (2) hours per evening in addition to their regular teaching year and day.
a. Their salary will be increased by ten percent (10%) (pensionable).
b. This salary will be paid equally over ten (10) months beginning September, 2004 (20 paychecks between September 15 and June 30).
c. If counselors do not work any of their contracted 17 days in the summer, they will be required to repay the district the per diem rate for missed evening and/or missed summer days.
d. Summer hours in 2004 will be paid at the per diem rate as described in a. above, but this will not be pensionable. Timesheets will be used and the salary will be paid on the 15th and 30t" of each month as it is earned.
e. All counselors will work five (5) days following the last student day in June and may be assigned days prior to the opening of school. The remaining days will be scheduled cooperatively among the counselors so that all business days are covered through Labor Day.
2. In addition to the above counseling requirements, high school counselors will attend evening events.
a. Two (2) evening events will be counted as part of the high school counselors' responsibilities.
b. High school counselors may be required to attend evening events in addition to these two (2), not to exceed five (5), for a maximum total of seven (7).
c. Counselors may volunteer, with administration approval, to attend more than the required number of events to be paid in the same manner as the required events.
d. Counselors will be paid the curriculum rate for at least three (3) hours for each assigned event as described in b. above. This will not be pensionable and will be
paid in the next regular pay check.
Secretarial Salaries Definitions
H AND J -10 MONTH SECRETARIES
H Secretary to the School Nurse
Secretary in the High School Office/Telephone Administrator
Secretary in the Media Center (grades K - 8)
Secretary/Clerk in the Middle School Office
J Secretary to the Assistant Principal
Secretary to Guidance Counselors (grades 4 - 8)
Attendance Secretary in the High School
Media Secretary in the High School Secretary to Subject Supervisors
K-10.5 MONTH SECRETARIES
Secretary to the Principal of an Elementary School (grades K - 3)
Secretary in the Transportation Office
L AND N - 12 MONTH SECRETARIES
L Secretary in High School Office
Secretary to the Child Study Team
Secretary in the Information Center (Data Processing)
N Secretary to the Guidance Office
Secretary to the Assistant Principal
Financial Secretary
Secretary to the Principal
Secretary to the Director of Special Education Services
Secretary to the Supervisor of Buildings and Grounds
   
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