Contract Between
Mercer Cty Spec Serv B/E-Mercer
- and -
Mercer Cty Spec Serv Ed/Thera Assn
* * *
07/01/2002 thru 06/30/2006


CategorySchool District
UnitTeaching/Professional Staff

Contract Text Below
7

      AGREEMENT

      between

      The Board of Education
      of
      The Mercer County
      Special Services
      School District

      and

      The Mercer County
      Special Services
      Educational and Therapeutic
      Association


      Covering the period
      7/1/02-6/30/2003 - 7/1/03-6/30/2006







      TABLE OF CONTENTS

      PAGE
      PREAMBLE
      3
      ARTICLES
      I
      RECOGNITION
      3
      II
      NEGOTIATIONS PROCEDURE
      4
      III
      GRIEVANCE PROCEDURE
      4
      IV
      EMPLOYEE RIGHTS
      9
      V
      ASSOCIATION RIGHTS
      10
      VI
      EMPLOYEE WORK YEAR
      11
      VII
      WORK HOURS AND WORK LOAD
      12
      VIII
      SALARIES
      15
      IX
      LEAVES OF ABSENCE
      19
      X
      EMPLOYMENT AND PROMOTIONS
      25
      XI
      TEACHER WORK STATIONS
      26
      XII
      EVALUATION PROCEDURES AND PERSONNEL FILE
      26
      XIII
      SENIORITY AND JOB SECURITY FOR ASSISTANTS
      29
      XIV
      PERSONAL AND PROPERTY INTERESTS
      30
      XV
      INSURANCE PROTECTION
      31
      XVI
      MISCELLANEOUS PROVISIONS
      33
      XVII
      DURATION OF AGREEMENT
      35
      Schedule A
      TEACHERS’ SALARY GUIDES
      36
      Schedule B
      CLASSROOM ASSISTANTS’ SALARY GUIDES
      37
      Schedule C
      CERTIFIED OCCUPATIONAL THERAPY ASSISTANTS’ AND PHYSICAL THERAPY ASSISTANTS’ SALARY GUIDES
      39
      Schedule D
      CRISIS INTERVENTION SPECIALISTS’ SALARY GUIDE
      40
      Schedule E
      OVERNIGHT TRIPS
      40




      PREAMBLE

          This Agreement entered into this 27th day of February 2003,
          by and between the Board of Education of the Mercer County Special Services School District (hereinafter the “Board”) and the Mercer County Special Services Educational and Therapeutic Association (hereinafter the “Association”).
      ARTICLE I
      RECOGNITION
          1:1 The Board hereby recognizes the Mercer County Special Services Educational and Therapeutic Association as the exclusive and sole representative for collective negotiations concerning the terms and conditions of employment for the following personnel under contract by the Board:
              Teachers
      Therapists
      Classroom Assistants
      Nurses
      School Counselors
      School Social Workers
      School Psychologists
      Learning Disabilities Teacher Consultants
      Certified Occupational Therapy Assistants
      Physical Therapy Assistants
      Crisis Intervention Specialist
          but excluding supervisory, executive personnel, and all
          hourly-paid personnel.
          1:2 Unless otherwise indicated, the term “employee” when used hereinafter in this Agreement shall refer to all members included in the unit as defined above and references to “employees” shall be deemed to include both male and female.
          1:3 The term “teacher” when used hereinafter in this Agreement shall refer to all members working in a position requiring a professional certificate, and reference to “teachers” shall be deemed to include both male and female.

      ARTICLE II
      NEGOTIATIONS PROCEDURE

          2:1 The Board and the Association agree to commence negotiations for a successor agreement in accordance with the timetable established by the Public Employment Relations Commission pursuant to N.J.S.A. 34:13A-1 et seq.
          2:2 The Board shall make available to the Association, upon request, all information of the Mercer County Special Services School District required by law.
          2:3 The Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.
          2:4 Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party.
      ARTICLE III
      GRIEVANCE PROCEDURE

      3:1 Definition
      3:1.1 “Grievance” is a claim by an employee based upon an interpretation, application or a violation of this Agreement, Board policies or administrative decisions affecting the terms and conditions of employment of said employee. As used in this Article, the term “employee” shall mean (a) an individual employee, (b) a group of employees having the same grievance, (c) the Association.
          3:1.2 A grievance to be considered under this procedure must be initiated by the employee within twenty-five (25) school days of its occurrence.
      3:2 Procedure
      3:2.1 Failure at any step of this procedure to appeal a decision respecting a grievance to the next step within the specified time limits shall be deemed to be acceptance of the unappealed decision.




          3:2.2 It is understood that employees shall during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall be fully determined.
      Step I

          3:2.3 Any employee who decides either alone or with the assistance of the Association that he/she has a grievance shall discuss it with his/her immediate supervisor in an attempt to resolve the matter informally at that level. If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee, or no decision is rendered, within ten (10) school days of such discussion, the employee shall set forth his/her grievance in writing to his/her principal or other immediate supervisor, specifying:
      a. The nature of the grievance and the date of its occurrence.
      b. The results of the previous discussions.
      c. His/her dissatisfaction with the decisions previously rendered.
      d. Relief sought.
          The principal or immediate supervisor shall communicate his/her decision to the grievant and his/her representative in writing within seven (7) school days of receipt of the written grievance.
      Step II

          3:2.4 The employee no later than ten (10) school days after receipt of the principal’s, or immediate supervisor’s decision, may appeal the principal’s or immediate supervisor’s decision to the Superintendent of Schools. The appeal to the Superintendent of Schools shall be made in writing reciting the matter submitted to the principal as specified above in 3:2.3 and the employee’s dissatisfaction with the decision previously rendered and whether a meeting with the Superintendent is desired. The Superintendent shall attempt to resolve the matter as quickly as possible, but within a period not to exceed fifteen (15) school days, and the Superintendent shall communicate his/her decision in writing to the employee, the principal and the Association. If the grievant or the Association requests a meeting at the Superintendent’s level, the Superintendent or his/her representative shall conduct a meeting and render a decision within the time limits set forth herein.
      Step III
          3:2.5 If the grievance is not resolved to the employee’s satisfaction, he/she, no later than ten (10) school days after receipt of the Superintendent of School’s decision, may appeal to the Board by submission in writing through the Superintendent of Schools who shall forward the appeal within seven (7) calendar days of his/her receipt to the Board. The Board shall review the grievance and shall, at the option of the Board, hold a hearing with the employee and render a written decision in any case within fifteen (15) school days of receipt of such grievance by the Board, or within fifteen (15) school days of the date of the hearing with the employee, whichever comes later.
      Step IV
      ARBITRATION

      3:2.6 If the employee is dissatisfied with the decision of the Board at Step III herein and only if the grievance pertains to an interpretation of the terms of this Agreement between the Board and the Association, the employee and the Association may request the appointment of an arbitrator, such request to be made known to the Superintendent of Schools and submitted to the Public Employment Relations Commission by the Association no later than ten (10) school days after the written decision of the Board is made known. An employee in order to process his/her grievance beyond Board level must have his/her request for such action accompanied by the written recommendation of the Association.
          3:2.7 No claim by an employee shall constitute a grievable matter beyond Board level or be processed beyond Board level unless its resolution requires a determination as to the interpretation of this Agreement. In addition, no claim by an employee shall constitute a grievable matter beyond Board level or be processed beyond Board level if it pertains to:
      a. Any matter for which a review by arbitration is prohibited by law.
      b. Any matter for which a procedure for review is mandated by law.
      c. Any rule or regulation dealing with the internal matters of the Board of Education or the State Commissioner of Education.
      d. Any act beyond the Board’s legal authority to act.
      e. A complaint of a non-tenure teacher, which arises by reason of his/her not being re-employed.
      f. A complaint occasioned by appointment to or lack of retention in any position for which tenure is either not possible or not required.
      g. A complaint by an employee occasioned by the withholding of an increment, discharge, charges relating to the withholding of an increment or discharge, or charges before the Commissioner of Education.
          3:2.8 Procedure for securing the services of an Arbitrator.
      a. Initial Request
          A request will be made to the Public Employment Relations Commission to submit a roster of persons qualified to function as an arbitrator on the dispute in question.
      b. Second Request
          If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, they will request the Public Employment Relations Commission to submit a second roster of names.
      c. Final Designation
          If the parties are unable to determine a mutually satisfactory arbitrator from the second submitted list, the Public Employment Relations Commission may be requested by either party to designate an arbitrator.
      d. Authority of Arbitrator
          The arbitrator shall limit himself/herself to the issues submitted to him/her and shall consider nothing else. He/she can add nothing to nor subtract anything from nor modify any of the terms of the Agreement between the parties or any policy of the Board of Education. The decision of the arbitrator shall be final and binding upon the Board, the Association and all employees.
      e. Decision of Arbitrator
          The arbitrator shall be requested to render his/her decision within thirty (30) days after the case is presented for arbitration.
          3:2.9 Costs
      a. Each party shall bear the total costs incurred by their participation. The fees and expenses of the arbitrator and the Public Employment Relations Commission are the only costs, which shall be shared by the two parties, and such costs shall be shared equally.
      b. The time lost by an employee or employees due to arbitrator proceedings must either be unpaid or charged to personal leave except where the employee(s) is appearing at the request of the Board.
          3:3 General Regulations
          3:3.1 All time limits stated in this Article must be strictly adhered to unless an extension is mutually agreed upon in writing by both parties to this Agreement. If the processing of a grievance extends beyond the end of the school year, all timelines thereafter shall refer to calendar days not including Saturdays, Sundays, or holidays.
          3:3.2 The grievant and his/her representatives shall have the right to be present at all meetings or hearings conducted at any step of the grievance procedure, provided however, that the grievant shall be limited to two (2) representatives at any such meetings or hearings.
          3:3.3 The right of an employee to attempt to resolve a grievance directly through a normal administrative procedure is not to be abridged in any way.
          3:3.4 The employee shall have the right to present his/her own appeal or designate representatives of the Association to appear with him/her or for him/her at any step of his/her appeal under this Article. If the grievant does not designate a representative, the Association shall be informed that a grievance is in process and shall have the right to be present at all hearings pertaining to the grievance unless excluded by law.



          3:3.5 In the event that a grievance results from the action of a school official higher than the rank of principal, the grievant may commence his/her grievance with that official specifying:
      a. The nature of the grievance and the date of occurrence.
      b. Relief sought.
          ARTICLE IV
          EMPLOYEE RIGHTS

          4:1 Employees employed by the Board of Education shall have the right to organize, join and support the Association for the purposes of collective negotiations in accordance with the New Jersey Employer-Employee Relations Act.
          4:2 Nothing contained herein shall be construed to deny or restrict to any employee such rights as he/she may have under New Jersey School Laws or other applicable laws and regulations. The rights granted to employees hereunder shall be deemed to be in addition to those provided elsewhere.
          4:3 Whenever any employee is required to appear before the Board or any committee thereof concerning any matter which could adversely affect the continuation of that employee in his/her office, position or employment or the salary or any increments pertaining thereto, then he/she shall be given prior notice of reasons for such meeting or interview, to the extent possible, and shall be entitled to have two representatives of the Association present to advise him/her and represent him/her during such meeting or interview.
          4:4 Alleged violations of paragraphs 4:1 and 4:2 may be appealed before the Public Employment Relations Commission, the State Commissioner of Education, the State Board of Education, or other such appropriate legal forums and shall not be arbitrable under Article III of this Agreement. Alleged violations of paragraph 4:3 of this Article may be appealed to arbitration under Article III of this Agreement, but shall not be appealable to the Public Employment Relations Commission, the State Commissioner of Education, the State Board of Education or any legal forum.


          ARTICLE V
          ASSOCIATION RIGHTS

          5:1 Information
          The Board agrees to furnish to the Association in response to reasonable request from time to time available public information concerning the financial resources of the district and such other information as may be required by law.
          5:2 Use of Building
          The Association and its representatives shall have the right to use school buildings at reasonable hours for meetings upon approval by the building principal of the Mercer County Special Services School District and as permitted by the lease agreement between the Board and owner of the school building. The principal of the building in question shall be notified in advance of the time and place of all such meetings.
          5:3 Use of Equipment
          The Association shall have the right to use school facilities and equipment including typewriters, duplicating equipment, calculating machines and all types of audio-visual equipment at reasonable times, when such equipment is not otherwise in use. No equipment shall be removed from school property without permission of the principal. The Association shall pay for the reasonable cost of all materials and supplies incident to such use and shall pay for any damage to, or loss or theft of school property while being used by the Association.
          5:4 The Association shall have the right to use the school mailboxes for Association related purposes only. All Association material placed in school mailboxes shall be on the official stationary of the Association and authorized by the Association. In addition, the Association shall have the exclusive use of a bulletin board in each faculty lounge, if available, unless precluded by the agreement between the Board and the owner/lessor. Copies of all Association materials to be posted on such bulletin boards shall be on official Association stationary, authorized by the Association, and copies thereof shall be given to the building principal on the same date as the material is posted.
      ARTICLE VI
      EMPLOYEE WORK YEAR

          6:1 In-School Work Year
          6:1.1 The in-school work year for employees employed on a ten-month basis shall not exceed 187 days, except as provided in 6:2.1 and 6:3.1 below.
          6:2 Definition of In-School Work Year
          6:2.1 The in-school work year shall include days when pupils are in attendance, orientation days, and any other days on which employee attendance is required by the Board. It is recognized by the parties that this is the minimum in-school work year. Where the efficient and effective completion of the regular or assigned responsibilities of an employee necessitate his/her presence on school property prior to the start of, or beyond the end of, this minimum in-school work year, the employee shall be considered engaged in his or her regular or assigned duties. The Board encourages employees to provide such additional days of work time if their regular or assigned duties will be more efficiently and effectively completed thereby. Such additional days of work time are not eligible for payment under 6:3.1, as they are not assigned or required by the Superintendent.
          6:3 Work Beyond In-School Work Year
          6:3.1 Work beyond the 187 days as outlined in 6:1.1 which is assigned by the Superintendent and which is required to be done between September 1 and June 30 and which is a continuation of the employee’s regular in-school work year responsibility shall be compensated at the per diem rate of 1/187th of the employee’s annual salary.
          6:4 Extended School Year
          6:4.1 There shall be a 210 day student year for some or all students beginning in July 1999. Staff working the 210 student year will have a total work year of 213 days. They shall be paid 1/187 of their ten month salary for each of the extra 26 days. The length of the day and all other terms and conditions of employment of the regular school year shall be in effect for these employees except that these employees shall receive one (1) additional sick leave day per year. Staff working the 213 day work year shall participate in three (3) in –service days per year, all to be designated by the Board effective July 1, 2003.
          ARTICLE VII
          WORK HOURS AND WORK LOAD

          7:1 Work Day
          7:1.1 It is recognized by the parties that the time periods set forth in this Article describe the minimum in-school work day. Where the efficient and effective completion of the regular or assigned responsibilities of an employee necessitate his/her presence on school property earlier or later than the times set forth in this section, the employee shall be considered engaged in his or her regular or assigned duties. The Board encourages employees to arrive before the start of the minimum school day, and to remain after the end of the minimum school day, if their regular or assigned duties will be more efficiently and effectively completed thereby.
          7:1.2 Employees shall record their daily arrival and departure by initialing a daily attendance sheet, which shall be kept at a location designated by the principal or his/her designee.
          7:1.3 The arrival and departure times for all employees shall be designated by the Board. Employees’ total in-school work day shall consist of not more than seven (7) hours which shall include a duty-free lunch period of one-half (1/2) hour. Any staff working a maximum of 3.5 hours per day shall receive a duty-free break period of fifteen (15) minutes.
          7:1.4 Employees shall not be required to work more than a total of ninety (90) minutes more than the length of the pupils’ school day, except as otherwise provided in this agreement. The ninety (90) minutes may be flexibly scheduled. However, not more than sixty (60) minutes shall be required before the opening or after the closing of the pupils’ school day. This time shall be scheduled on a building wide basis.
          7:1.5 Certified staff shall have daily scheduled preparation time of thirty (30) minutes, when they shall not be expected to participate in meetings with their supervisors, parents, students or staff. This shall be in addition to a duty free lunch under section 7:1.3 of this agreement. This time shall be mutually scheduled with the principal with the approval of the Superintendent. If there is no agreement, the time shall be scheduled by the Superintendent. Scheduled preparation time shall not be rescheduled, except as required by Article 7:1.7.

          7:1.6 Work Beyond the In-School Work Day
          Work, which is assigned by the Superintendent and which is required to be done beyond the regular work day, shall be compensated on an hourly pro-rata of the employee's annual salary.
          7:1.7 Pay for a Lost Preparation Period
          In the event a teacher is required to cover the class of an absent teacher, or in the event of a physical or medical crisis of a student in which the teacher participates at the direction of the principal, and the teacher consequently loses a preparation period, the teacher will be paid for the lost preparation period as follows: effective July 1, 2002-$26.00; effective July 1, 2003-$28.00; and effective July 1, 2004-$30.00. There shall be no early release for the teacher.
          7:1.8 Inclement Weather
          Employee attendance shall not be required whenever student attendance is not required due to inclement weather. If students are dismissed during the school day because of inclement weather, employees shall be permitted to depart after all vehicles transporting students have departed and they have been notified by the principal that they may leave. In cases of delayed openings, teachers shall report one half hour before the students.
          7:2 Leaving the Building
          7:2.1 Employees may leave the building during their scheduled duty-free periods without requesting permission after initialing the sign-out sheet located in the main office.
          7:3 Meetings
          7:3.1 Employees may be required to work up to seven and one half hours for the purpose of attending faculty or other professional meetings, not exceeding four (4) days each month. One (1) of the four (4) meetings shall be set aside exclusively for Association business.
          7:3.2 An Association representative may meet with employees at the meeting referred to in 7:3.1 subject to the Board of Education’s right to utilize the building at the time such meeting is to be held and provided twenty-four (24) hours notice is given to the Superintendent or his/her designee.
          7:3.3 The notice of an agenda for any meeting to be held after the regular in-school work day shall be given to the employees involved at least one (1) day prior to the meeting.
          7:3.4 Employees may be required to attend not more than four (4) evening assignments or meetings each school year without additional compensation as designated by the Superintendent. An evening assignment, other than parent/teacher conferences, shall be limited to 2 (two) consecutive hours. Parent/teacher conferences shall be limited to two (2) and one quarter consecutive hours,
          7:4 Parent Conferences
          Twice per year, a four-hour student day shall be scheduled, and parent conferences shall be scheduled between the time of student dismissal and the end of the normal in-school day. Additional time for parent conferences shall be scheduled during the evenings as deemed necessary by the administration, and in accordance with 7:3.4. Teachers may request additional release time from student contact time to schedule and/or conduct parent conferences where special circumstances, such as large class load, warrant. Such additional release time may be granted at the approval of the principal.
          7:5 Alternative Proficiency Assessment
          Teachers who participate in the Alternative Proficiency Assessment shall be provided additional compensation of $25.00 per student per year, regardless of the number of assessments per student per year. Payment shall be made by the District within 30 days of when the assessment is turned into the State of N.J. but no later than the last paycheck in June of each year.
          7:6 Training Days
          Crisis Intervention Specialists shall receive three (3) professional days per school year. The selection of training shall focus on behavioral issues and be with the approval of the supervisor. Cost of training shall be paid by the Board of Education.



          ARTICLE VIII
          SALARIES

          8:1 The salaries of all employees covered by this Agreement are set forth in schedules A, B, C, D and E which are attached hereto and made a part hereof.
          8:2 General requirements for credits on the salary guide in degree-plus categories for positions for which a certificate is required shall be as follows:
          B.A.+15 15 hours (6 of which shall be directly related to assigned instructional or service responsibilities)
          B.A.+30 30 hours (12 of which shall be directly related to assigned instructional or service responsibilities)
          M.A.+15 15 hours (6 of which shall be directly related to assigned instructional or service responsibilities)
          M.A.+30 30 hours (12 of which shall be directly related to assigned instructional or service responsibilities)
          M.A.+45 45 hours (18 of which shall be directly related to assigned instructional or service responsibilities)
          “Credits” shall be defined as credits for courses successfully completed at an accredited institution of higher learning. As of July 1, 1983, credit shall also include credit for participation in training programs by physical, occupational or speech therapists, school social workers, and school counselors which are equivalent to the type of instruction normally offered at accredited institutions or those offered by professional associations. To be eligible, one must have received advanced approval from the Superintendent prior to enrollment in the program, and proof of successful completion must be provided.
          One (1) credit on the salary guide for said training programs shall be approved for each fifteen (15) hours of participation, and shall be accumulative in units of not less than one-half (1/2) credit.
          8:3 New teachers shall be granted credit on the salary guide (Schedule A) for educational courses satisfying the requirements specified in 8:2. Credit for experience on the salary guide (Schedule A) for new teachers shall be subject to the discretion of the Superintendent and approval by the Board.
          8:4 New employees shall move up on the salary guides who have begun work in the district no later than December 1 of the preceding school year.
          8:5 Employees will be reimbursed for the cost of tuition for courses or training programs related to their job duties, subject to the prior written approval of the Superintendent, up to the limit of the tuition rates prevailing at The College of New Jersey, for a maximum of nine (9) credits for any one employee in any contract year, up to a maximum of $45,000 per year for certified employees and $15,000 per year for non-certified employees effective July 1, 2002. Any funds not committed by December 31 of each year for non-certified employees shall be allocated for certified employees for the remainder of the school year ending the following June 30. Any funds not utilized by June 30 of each year shall not be carried over to the following school year. To be eligible to apply, employees must have completed one full year of service with the district at the time of application. To obtain reimbursement, employees must receive a passing grade in the courses taken. Part-time employees shall be eligible for a pro-rated amount of reimbursement per credit, based on their salary as a percentage of full-time salary. Employees receiving reimbursement shall agree in writing to remain in the employ of the district for one year after receiving reimbursement, or shall repay the district in full for the reimbursement received in the year prior to their resignation. Such repayment shall be made before the last paycheck is issued.
          8:6 Employees shall be entitled to one incremental step for experience on salary guides each year for satisfactory performance of duties as determined by the Superintendent based on established evaluation procedures and upon approval of the Board, except as modified by Schedules A, B, C and D (attached).
          8:7 The Board upon the superintendent’s recommendation shall designate the appropriate location upon the salary guide of new employees.
          8:8 Paydays shall be every other Friday, but when a payday falls on or during a school holiday, employees shall receive their paychecks on the last previous working day. Payments shall be as equal as possible.
          8:9 Employees may elect to have a designated amount deducted from their checks to be deposited in the Mercer County Teachers’ Credit Union.
          8:10 The Board agrees to deduct dues of the Association and its affiliates from the salaries of its employees as said employees individually and voluntarily authorize the Board to deduct in compliance with Chapter 233, New Jersey Public Laws of 1969 (N.J.S.A. 52:14-15.9e) and under rules established by the State Department of Education. Said monies together with current records of any corrections shall be transmitted to the designated official of the Association by the 15th of each month following the monthly pay period in which deductions were made.
          8:11 Representation Fee
          8:11.1 Purpose of Fee
          If an employee does not become a member of the Association during any membership year (i.e. from September 1 to the following August 31) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Association for that membership year. The purpose of this fee will be to offset the employee’s per capita cost of services rendered by the Association as majority representative.
          8:11.2 Amount of Fee
      a. Notification
          Prior to the beginning of each membership year, the Association will notify the Board in writing of the amount of the regular membership dues, initiation fees and assessments charged by the Association to its own members for that membership year. The representation fee to be paid by nonmembers will be determined by the Association in accordance with the law.
      b. Legal Maximum
          In order to adequately offset the per capita cost of services rendered by the Association as majority representative, the representation fee should be equal in amount to the regular membership dues, initiation fees and assessments charged by the Association to its own members, and the representation fee may be set up to eighty-five (85%) percent of that amount as the maximum presently allowed by law.
          8:11.3 Deduction and Transmission of Fee
      a. Notification
          Once during each membership year covered in whole or in part by this Agreement, the Association will submit to the Board a list of those employees who have not become members of the Association for the current membership year. The Board will deduct from the salaries of such employees in accordance with paragraph b. below, the full amount of the representation fee and promptly will transmit the amount so deducted to the Association.
      b. Payroll Deduction Schedule
          The Board will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee of the aforesaid list during the remainder of the membership year in question.
      c. Termination of Employment
          If an employee who is required to pay a representation fee terminated his or her employment with the Board before the Association has received the full amount of the representation fee to which it is entitled under this Article, the Board will deduct the unpaid portion of the fee from the last paycheck paid to said employee during the membership year in question.
      d. Mechanics
          Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the Association will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Association.
          8:11.4 Indemnification
          The Association will indemnify and hold the Board harmless for all claims and liabilities, including reasonable legal fees, arising from its actions in compliance with this representation fee provision.
          8:12 Whenever classroom assistants must cover classes on days when no teacher is present, they will receive additional compensation for such coverage at the rate of $44.00 per day. The amount paid for such coverage shall be increased as follows: effective July 1, 2002-$45.00; effective July 1, 2003-$48.00; and effective July 1, 2004-$50.00.
          The Board may assign assistants to serve as substitute teachers up to five (5) days per year if they work 187 days, and up to six (6) days per year if they work 213 days. These assistants may volunteer for additional assignments. Assistants, voluntary or not, who cover assignments shall be paid. Assignments, voluntary or not, shall be within the building to which the assistant is regularly assigned. Assistants will be paid the negotiated stipend for each day of substitute teaching. Effective July 1, 2002, the Assistant designated by the Principal, who performs the instructional and educational duties when the teacher is at meetings or otherwise absent from the classroom during the student day, shall be compensated at the prorated hourly rate for a time period of thirty (30) consecutive minutes.
          8:13 Effective July 1, 2002 employees under contract who present a workshop in or out of the District shall be compensated for preparation as follows:
          Full day workshop (5 hours) $100.00
          Half day workshop (2 1/2 hours) $50.00
          Special presentation (1 hour) $25.00
          8:14 Effective July 1, 2002, an employee who performs the duties of an interpreter at an IEP meeting or for students and/or parents with the approval of the principal or his/her designee shall be compensated at the rate of $15.00 per day during the school day and $25.00 per day after the school day, in addition to his/her contractual salary.
          ARTICLE IX
          LEAVES OF ABSENCE

          9:1 Sick Leave
          9:1.1 All employees shall be allowed sick leave with full pay for ten (10) school days in any school year.
          9:1.2 Any employee who exhausts his/her cumulative sick leave may make a request to the Board for consideration of additional sick days, and/or differential remuneration between his contract salary and that of a replacement as allowed by law. Such judgment by the Board shall be based upon the circumstances of each individual case, shall be final, and not subject to the grievance procedure.
          9:1.3 All unused sick leave days, which an employee has in his/her accumulated sick leave account in other school districts, shall be credited to his/her accumulated sick leave account in the Mercer County Special Services School District after certification from the prior employing school district. In the event the District adopts a policy in compliance with N.J.S.A. 18A:30-3.2 then this Article 9:1.3 shall be void.
          9:1.4 Effective July 1, 2002, the Board shall pay to each employee or his/her estate for unused accumulated sick leave $62.00 per day for teachers and $31.00 per day for assistants, for up to one hundred fifty (150) days of unused accumulated sick leave. Effective July 1, 2003, the maximum payment shall be for up to one hundred sixty (160) days. Effective July 1, 2004, the maximum payment shall be for up to one hundred seventy (170) days. . Payment shall be made upon retirement and entering into TPAF, PERS, death or disability. Under exceptional circumstances, payment upon retiring without entering into TPAF or PERS may be granted by the Board of Education. Decisions rendered by the Board of Education under this section shall be final and binding.
          9:2 Family Illness Leave
          9:2.1 All employees shall be granted two (2) family illness days with full pay in any school year. Family illness days accumulate to a maximum of ten (10) and are not payable as accumulated sick leave under 9:1.4 of the article.
          9:3 Personal Leave
          9:3.1 All employees shall be allowed three (3) days leave with full pay in any school year for personal business that cannot be handled outside of school hours. Effective July 1, 2002 staff working the 213 day work year shall be allowed four (4) days leave with full pay in any school year for personal business that cannot be handled outside of school hours. It is the intention of the parties that leave under this Article shall be available for reasons of hardship or other pressing need and not merely for personal convenience. Such personal days shall not be accumulated from year to year.
          9:3.2 Requests for leave must be made five (5) work days prior to the date requested off, except in cases of emergency.
          9:3.3 The Superintendent has discretion in all cases to approve or disapprove the leave requests when, in his/her judgment, granting the leave request would be detrimental to the best interests of the district’s educational program. No requests shall be denied arbitrarily or capriciously.
          9:3.4 All personal leave days accrued during the 1994-95 school year and after which are not used by an employee during that year will be converted to sick leave and added to the employee’s accumulated sick leave account.
          9:4 Disability Due to Pregnancy
          9:4.1 Pregnant employees shall apply for a disability leave of absence. Such leave may be granted commencing with the period of actual disability and terminating with the end of the period of actual disability. The following conditions shall apply to pregnancy disability leaves.
          9:4.2 The employee shall notify the Superintendent of her pregnancy as soon as possible after medical confirmation.
          9:4.3 Upon request of the Board, request for maternity leave shall include a statement from a physician confirming the pregnancy and anticipated date of birth.
          9:4.4 Exact dates of leave will be arranged in consideration of both medical evidence and administrative feasibility. The Board of Education reserves the right to regulate the termination dates of anticipated disability leaves in order to preserve educational continuity. When this occurs, an employee who is placed on an involuntary unpaid leave shall be entitled to all sick leave during the period of actual disability.
          9:4.5 A statement from a physician certifying that an employee is physically able to return to duty may be required by the Board before the employee is permitted to return from maternity leave.
          9:4.6 An employee’s return date to employment may be extended for a reasonable period of time at her request and upon approval by the Board for reasons associated with pregnancy, birth or related medical cause.
          9:4.7 A disability leave of absence may not be extended beyond the end of the school year in which the leave is obtained.
          9:4.8 Except as provided above, no employee shall be barred from returning to duty after the birth of her child solely because there has not been a certain time lapse between the birth and her desired date of return.
          9:4.9 No employee shall be removed from her duties during pregnancy except upon one of the following reasons.
      a. The Board has found that her performance has noticeably declined.
      b. The pregnant employee is found to be medically unable to continue working by her own physician and the Board’s physician, or where these physicians disagree, by a physician jointly selected by the Board and the employee.
          9:4.10 Any employee granted disability leave may, at her discretion, elect to use all or part of her accumulated sick leave during the period of actual disability and receive full pay and benefits.
          9:5 Childcare Leaves
          9:5.1 The Board shall grant voluntary unpaid leaves of absence for the purposes of childcare of an infant to those employees who fulfill the requirements set out below. Approval is conditioned upon adequate staffing as determined by the Board of Education.
          9:5.2 Childcare leaves shall begin either:
      a. At the beginning of a school year and prior to the beginning of the actual disability:
      b. Immediately following the pregnancy-disability period, or
      c. At a date during the school year, upon the request of the employee and with the approval of the administration; such date shall be set by the administration to minimize disruptions in the continuity of the educational program.
          Childcare leaves shall normally terminate at the end of the school year in which they begin. An earlier termination date may be established at the request of the employee and with the approval of the administration; such date shall be set by the administration to minimize disruptions in the continuity of the educational program.
          9:5.3 Extensions of childcare leave may be for one-half (1/2) school year or one (1) full school year at the request of the employee and the approval of the Board. Extensions beyond one (1) full year will only be granted in extreme emergencies at the discretion of the Board. Commencement and termination dates shall be agreed upon between the Board and the employee, and shall be set to minimize disruptions to the continuity of the educational program. Such extensions shall be available only to tenured teachers.
          9:5.4 An employee desiring an unpaid leave shall apply no less than ninety (90) calendar days before the anticipated delivery date of the infant. Said application shall not constitute a waiver of the rights outlined in 9:4.1 above.
          9:5.5 In the case of an adoption, notice shall be given to the employee’s supervisor when the employee is approved by the adopting agency. In cases of adoption, application shall be made for a specific leave period as soon as the employee is informed of the anticipated date of physical custody of the child.
          9:5.6 To be eligible for a salary increment, an employee must work at least ninety (90) days in the school year that the leave commences or terminates.
          9:5.7 An employee on a voluntary unpaid leave of absence shall not be eligible to either receive or accrue benefits except as statutorily required.
          9:5.8 Employees on childcare leave shall notify the Board of their intent to return following their leave no later than seventy-five (75) calendar days prior to the scheduled end of their leave. Tenured teachers requesting an extension under 9:5.3 above shall submit their request no later than seventy-five (75) calendar days prior to the scheduled end of their leave.
          9:6 Bereavement Leave
          9:6.1 Leave of absence without loss of pay not exceeding a total of ten (10) days per school year shall be granted for the following purposes subject to the limitations per category stated therein:
      a. Leaves of absence without loss of pay, not to exceed eight (8) days per year with no more than five (5) for a single occurrence, shall be granted when a death occurs in the immediate family. Immediate family is defined to mean, husband, wife, father, mother, brother, sister, son, daughter, grandparents, grandchild, spouse’s parents, and any other member of the employee’s immediate household.


      b. Two (2) days leave of absence per year without loss of pay to attend the funeral of a close friend or relative not a member of the “immediate family” shall be granted upon request, not to exceed more than one (1) per occurrence.
      c. Additional days with pay may be granted at the discretion of the Superintendent when unfortunate circumstances may warrant additional days. Decisions rendered by the Superintendent under this section shall be final and binding.
          9:7 An employee may request leave without pay but the Board determination shall be final and binding.
          9:8 Procedure
          9:8.1 All applications for leave shall be presented in writing on forms provided by the Board, except sick leave, family illness, and bereavement leave shall be by telephone notice to the Board where the opportunity for prior written application is not feasible.
          9:8.2 All benefits to which an employee was entitled at the time the approved leave of absence commenced shall be restored upon his/her return, and he/she shall be assigned to an equivalent position to that held at the time the leave commenced.
          9:9 Professional Leaves of Absence
          9:9.1 Teachers may apply for leave with pay to attend professional conferences, workshops and seminars that have a direct relationship to the employee’s responsibilities in the district. Leave under this section shall not exceed one (1) day per year. Additional days may be taken for such conferences, seminars and workshops from those days available to the employee under 9:3.1 above, subject to the procedures for their use established in 9:3.2 through 9:3.3.
          9:9.2 Requests for leave must be made five (5) work days prior to that requested off, and shall include sufficient background information on the conference, workshop or seminar so that the Superintendent can evaluate the value of the conference to the employee’s responsibilities in the district. Requests directly related to the goals designated in an employee’s Professional Improvement Plan shall receive precedence over other requests. Employees shall be responsible for all costs associated with any conference attended under this clause.
          9:9.3 The Superintendent has discretion in all cases to approve or disapprove such requests when in his/her judgment, granting the leave request would be detrimental to the best interests of the district’s educational program. No requests shall be denied arbitrarily or capriciously.
          9:9.4 Upon the recommendation of the Superintendent and the approval of the Board, leaves under this section may exceed one (1) day.
          9:10 Military Leave
          9:10.1 Brief leaves of absence with pay will be granted annually to personnel required to perform short periods of military duty annually, pursuant to Section 38:23-1 of the New Jersey Statutes. A copy of the military orders shall be filed with the Secretary of the Board.
          9:10.2 Leaves of absence for military duty for an extended period of time without pay may be granted upon request and upon filing a copy of the military orders with the Secretary of the Board. An extended leave must be renewed annually if it extends beyond the end of one school year. An extended period is defined as any period longer than ninety (90) days.
          9:11 Educational Furloughs
          9:11.1 Employees may receive a half-year leave with full health insurance benefits, or a full year with benefits paid fifty percent (50%) by the Board and fifty percent (50%) by the employee. Such leaves shall be for study only at the equivalent of at least twelve (12) college credits per semester, subject to the prior written approval of the Superintendent. Tuition reimbursement shall be available per the terms of Article 8:5 of this Agreement. Employees on educational furloughs shall agree in writing to return to employment in the district for a period of two (2) years immediately following the leave; failure to return shall obligate the employee to repay to the Board the cost of benefits and tuition borne by the Board during the leave.

          ARTICLE X
          EMPLOYMENT AND PROMOTIONS

          10:1 Opportunity will be given to any employee to apply for available positions in the district by posting notices in the district’s school buildings.


          10:2 Notice of any vacancies shall be posted in each school/center of each building used by the District at least ten (10) calendar days before the final date by which applications must be submitted. Any copy of said notice shall be mailed to the Association President.
          ARTICLE XI
          TEACHER WORK STATIONS
          11:1 Procedure
          11:1.1 The Superintendent of Schools will use his/her best efforts to give written notice not later than June 30 of each year to employees then employed of their tentative class and building assignments for the forthcoming school year. The Superintendent will use his/her best efforts to give such notice to employees hired after June 30 by the first days of the school year. A list of said classes and building stations shall be simultaneously sent to the Association.
          11:1.2 The Superintendent of Schools retains the discretion to make such changes in class and building assignments as may be determined to be necessary notwithstanding any other provision of the Agreement. In the event that changes in such class and/or building stations are made the Association and any teacher affected shall be notified promptly in writing.
          11:1.3 Employees who may be required to use their own automobiles in the performance of their duties and/or employees who are assigned to more than one (1) school per day shall be reimbursed for all such travel for all driving done between arrival at their first location at the beginning of their workday and last location at the conclusion of the workday.

          ARTICLE XII
          EVALUATION PROCEDURES AND
          PERSONNEL FILE

          12:1 Teachers
          12:1.1 All monitoring or observation of the work performance of a teacher shall be conducted openly and with full knowledge of the teacher. The use of eavesdropping, cameras, audio systems, and similar surveillance devices shall be prohibited except any teacher may voluntarily agree to the use of such devices.
          12:1.2 Non-tenured teachers (excluding classroom assistants) shall be evaluated at least three (3) times in each school year with each evaluation equal in time to a subject lesson or therapy session. Such evaluations shall be scheduled at various times by the Superintendent of Schools and a written evaluation report shall be prepared after each evaluation.
          12:1.3 A teacher shall be given a copy of any class visit or evaluation report prepared by his/her evaluators at least one (1) day before any conference to discuss it, and no more than ten (10) school days following the scheduled observation. No such report shall be submitted to the central office, placed in the teacher’s file or otherwise acted upon without opportunity provided to the teacher for a prior conference.
          12:1.4 A teacher shall be required to sign the evaluation form, after the conference referred to in 12:1.3 with the express understanding that such signature does not necessarily indicate agreement with the contents thereof. No teacher shall be asked to sign a blank or incomplete evaluation form.
          12:1.5 Policies and procedures for the evaluation of tenured teaching staff members shall be distributed to each tenured teaching staff member no later than October 1.
          12:2 Classroom Assistants
          12:2.1 Classroom assistants shall be evaluated at least once each school year in accordance with policies of the Board. 12:2.2 Prior to the annual evaluation conference, the assistant may request the presence of the teacher in charge of the assistant during the evaluation conference.
          12:2.3 A classroom assistant shall be required to sign an evaluation form, after the conference with the express understanding that such signature does not necessarily indicate agreement with the contents thereof. No classroom assistant shall be asked to sign a blank or incomplete evaluation form.
          12:2.4 A classroom assistant shall be given a copy of any class visit or evaluation report prepared by his/her evaluators at least one (1) day before any conference to discuss it and no more than ten (10) school days following the scheduled observation. No such report shall be submitted to the central office, placed in the assistant’s file or otherwise acted upon without opportunity provided to the assistant for a prior conference.
          12:3 Personnel File
          12:3.1 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 representative(s) of the Association accompany him/her during such review.
          12:3.2 No material pertaining to any employee’s conduct, service, character or personality shall be placed in his/her personnel file unless the employee has been offered an opportunity to review the material. 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 the contents thereof. The employee shall also have the right to submit a written answer to such material, which shall be attached to the file copy. A response may be filed to the employee’s written response and included in the employee’s file. In all cases, the employee shall be provided copies of such materials.
          12:3.3 At least once every three (3) years, an employee shall have the right to indicate those documents and/or other materials in the file, other than written evaluation reports, which he/she believes to be obsolete or otherwise inappropriate to retain. Said documents shall be reviewed by the Superintendent and if, in his/her judgment, they are obsolete or otherwise inappropriate to retain, they will be destroyed. Said decision of the Superintendent shall not be subject to the grievance procedure.
          12:4 Mentoring
          The District shall provide each mentor as defined in the N.J.A.C. four (4) release periods each of which shall be equal in time to the subject lesson or therapy session for observation of the mentee. Each mentor/mentee pair shall be released from all duties for a period not to exceed thirty (30) minutes following each observation for the purpose of discussing the observation. All release periods shall be approved by the building administrator(s).
          ARTICLE XIII
          SENIORITY AND JOB SECURITY FOR ASSISTANTS

          13:1 This Article becomes effective on July 1, 1999. Seniority earned prior to that date will apply to each employee employed as of that date.
          13:2 Seniority becomes effective on the first day of the thirty-seventh month of employment.
          13:3 This Article shall apply to all assistants. Part-time assistants shall earn seniority on a prorated basis. “One to One” assistants shall earn seniority only in the category of “One to One” assistants, but they shall carry their seniority with them if they move into a classroom assistant position, retroactive to their first day of employment as a “One to One” assistant.
          13:4 Recall rights under this Article shall exist for eighteen (18) months from the last calendar day of the last month of employment.
          13:5 School district seniority is defined as service by assistants in the school district in the collective bargaining unit covered by this Agreement.
          13:6 Any reduction of positions shall only be accomplished in the following manner: classroom assistants affected by such a reduction shall have seniority rights over the most junior classroom assistant staff member. Those classroom assistants thus affected shall retain the same rights in replacing the most junior classroom assistants.
          13:7 In the event that a vacancy occurs, a laid-off Assistant shall be entitled to recall thereto in the order of his/her seniority.
          13:8 Notice of recall to work shall be addressed to the assistant’s last address appearing on the records of the school district, by certified mail, return receipt requested. Within thirty (30) days from receipt of such notice of recall, the assistant staff member shall notify the Board of Education, in writing, whether or not he/she desires to return to the work involved in the recall. If he/she fails to reply or he/she indicates that he/she does not desire to return to such work, he/she forfeits all of his/her seniority and all rights to recall.


          13:9 Seniority shall not accumulate during the period of lay-off. Upon recall the Assistant member shall have his/her accumulated seniority and benefits restored to the date of lay-off.
          13:10 An assistant shall loose all accumulated school district seniority only if he/she resigns or is discharged for just cause, irrespective of whether he/she is subsequently rehired by the school district.
          13:11 All currently employed Assistants shall be placed on a seniority list from their date of employment.
          ARTICLE XIV
          PERSONAL AND PROPERTY INTERESTS

          14:1 The Board of Education and the Association recognize the mutual rights and responsibilities of the Board and its employees pursuant to N.J.S.A. 18A:6-1.
      14.2 The Board shall reimburse employees for the reasonable cost of replacement or repair of clothing, eyeglasses, contact lenses, or other personal property on the person damaged or destroyed by a student or stolen by a student or other person while the employee was acting in the discharge of his/her duties within the scope of his/her employment but such reimbursement shall not exceed $400 per occurrence. No reimbursement will be made for stolen money or for jewelry other than watches. In order to claim reimbursement for stolen property, an employee must have
      a. submitted a police report, and
      b. submitted an insurance claim.
          Reimbursement for stolen property will be limited to $200.00. Employees shall exercise good judgment in the choice of clothing and other personal property worn during classroom or professional activities. Vandalism against employee automobiles caused by district students when the automobile is in a parking lot designated for district use, or parked in the street when no lot is available, is also reimbursable under this section, to the maximum of $400 per occurrence or to the amount of the deductible under the employee’s auto insurance, whichever is less. An incident report indicating the place, date, time, witnesses, and student(s) responsible must be filed along with the request for any reimbursement under this section.
          ARTICLE XV
          INSURANCE PROTECTION

          15:1 Insurance Protection
          15:1.1 The Board shall provide health care insurance protection as described hereinafter to employees where employees elect to receive, and are eligible for, such protection. Single coverage insurance will be provided for all new employees who are eligible for insurance benefits for their first three years of continuous service. Any staff who was previously employed by the Board and resumes employment after a resignation or termination shall be deemed a "new employee." A new employee may purchase dependent coverage during the first three years of continuous employment. After completion of the third year of continuous employment, the Board shall provide protection to the employees, their spouse and their dependents. Employees hired and receiving health benefits prior to July 1, 1995, shall be entitled to full family coverage regardless of their years of service.
          15:1.2 The Board shall be required to provide health insurance at a level equal to that in effect on June 30, 1995 with the following exceptions:
      a. The deductible shall be $200 for single coverage and $400 for family coverage.
      b. Effective July 1, 1996, the co-insurance rate shall be twenty percent of the first $4000 in expenditures with no co-insurance thereafter.
              c. Effective July 1, 1997, a mandatory second surgical opinion rider will be added to the plan.
          15:1.3 Employees starting their employment in the district after June 30, 2000, may enroll in any health insurance plan offered to the rest of the bargaining unit. The Board will pay the full cost for single coverage of any HMO or managed care plan, and up to the cost of the most expensive HMO or managed care plan offered to other bargaining unit employees for employees who enroll in the indemnity plan. After thirty-six months of employment the Board will pay the full cost of single and dependent coverage in any plan offered to the rest of the bargaining unit.
          15:1.4 The Board shall provide a prescription drug plan, with contraceptives, to employees and their dependents. The co-pay shall be $5.00 generic/$10.00 name brand. Effective January 1, 2003, the co-pay shall be $5.00 generic or mail order/ $15.00 name brands.
          15:1.5 The Board will continue to provide individual and family dental insurance and will pay the premiums for such insurance up to the limit of the premium rates in effect on June 30, 1992. It is understood that those dollar limits will remain in effect upon the expiration of this agreement. The cap on the Board contribution toward the cost of dental insurance in Art. 15:1.5 shall not apply to employees with salaries below $32,000. Effective January 1, 2003, the Board shall pay all dental premiums for all employees and the dental rider regarding the maximum annual benefit level shall increase to $1500.00.
          15:1.6 Health Insurance Waiver Incentive Payments
          The Board will make the following payments to employees who voluntarily waive their medical, prescription and/or dental insurance coverage.

          Medical
          Prescription
          Dental
          Single
          $ 800
          $200
          $100
          Parent/Child
          $1000
          $250
          $200
          Husband/Wife
          $1500
          $300
          $300
          Family
          $2000
          $400
          $300

          Payments will be made one half in December and one half in May. Proof of alternative coverage is required. Employees will be eligible for re-enrollment “Cobra” life circumstance changes. The Board will create and pay for Sec. 125 accounts for participants.
          15:1.7 The Board agrees to pay the full coast of Washington National Disability Income Protection Insurance, Plan III, effective January 1, 1984. It is understood that the plan benefits and rates shall reflect appropriate increases to provide coverage at least equal to that provided under the New Jersey Temporary Disability Benefits Law as mandated by N.J.S.A. 43:21-42.

          ARTICLE XVI
          MISCELLANEOUS PROVISIONS

          16:1 Policy
          16:1.1 This Agreement constitutes Board policy for the term of said Agreement, and the Board shall carry out the commitment contained herein and give them full force and effect as Board policy.
          16:1.2 The Agreement represents and incorporates the complete and final understanding by the parties of all bargainable issues, which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any matter that was within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement, except that the Board may reopen negotiations in order to fulfill its obligations by law.
          16:1.3 The Board retains, subject to the limitations of the Agreement, all powers, rights, and authority vested in it by all laws, rules, and regulations, including but not limited to the management and direction of all the operations and activities of the school district, the hiring, discharge, and non-renewal of teachers and other employees, the transfer of teachers and other employees and the scheduling of the work year, the evaluation of teachers and other employees, and for just cause, the suspension, reprimand, or discipline of teachers and other employees.
          16:2 Separability
          16:2.1 If any provision of this Agreement or any application of this Agreement is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.





          16:3 Compliance Between Individual Contract and Master Agreement
          16:3.1 Any individual contract between the Board and any individual employee heretofore or hereinafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If any individual contract contains any language inconsistent with this Agreement, this Agreement shall be controlling.
          16:4 Printing Agreement
          16:4.1 Copies of this Agreement shall be printed at the expense of the Board after agreement with the Association on format within sixty (60) days after the Agreement is signed. The Agreement shall be presented to all employees now employed, hereinafter employed, or considered for employment by the Board.
          16:5 No employee shall suffer any discipline or punishment as a result of their participation in job actions involved in or related to the strike of 12/23/1998 through 1/4/1999.
          16.6 Youth Detention Center
          Should the Association have any concern regarding working conditions at the Youth Detention Center, then upon request of the Association, the administration shall send a written request to schedule a meeting with the appropriate administrator at the Youth Detention Center. A representative of the Association may participate.
          16:6 Notice
          16:6.1 Whenever any notice is required to be given by either of the parties of this Agreement to the other, pursuant to the provision (s) of this Agreement, either party shall do so by telegram or registered letter at the following addresses:
      a. If by the Association to Board:
              Mercer County Special Services School District
              3705 Quakerbridge Road, Suite 216
              Trenton, NJ 08619
      b. If by the Board to the Association:
              Home address of the President



          ARTICLE XVII
          DURATION OF AGREEMENT

          This Agreement shall be effective as of July 1, 2002 and shall continue until June 30, 2003. The successor agreement shall be effective as of July 1, 2003 and shall continue until June 30, 2006.




          IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized officers.

          MERCER COUNTY MERCER COUNTY
          SPECIAL SERVICES SPECIAL SERVICES
          BOARD OF EDUCATIONAL AND
          EDUCATION THERAPEUTIC
          ASSOCIATION


          ______________________ _________________________
          President President

          ______________________ _________________________
          Secretary Secretary



          Date: _________________









      SCHEDULE A
      TEACHERS’ SALARY GUIDE
      2002-03
      Step BA BA+15 BA+30 MA MA+15 MA+30 MA+45
      1 35,810 36,360 36,830 37,360 37,910 38,390 38,940
      2 36,310 36,860 37,330 37,860 38,410 38,890 39,440
      3 36,810 37,360 37,830 38,360 38,910 39,390 39,940
      4 37,310 37,860 38,330 38,860 39,410 39,890 40,440
      5 37,810 38,360 38,830 39,360 39,910 40,390 40,940
      6 40,610 41,160 41,630 42,160 42,710 43,190 43,740
      7 43,910 44,460 44,930 45,460 46,010 46,490 47,040
      8 46,910 47,460 47,930 48,460 49,010 49,490 50,040
      9 48,810 49,360 49,830 50,360 50,910 51,390 51,940
      10 49,910 50,460 50,930 51,460 52,010 52,490 53,040
      11 50,910 51,460 51,930 52,460 53,010 53,490 54,040
      12 52,410 52,960 53,430 53,960 54,510 54,990 55,540
      13 56,530 57,080 57,550 58,080 58,630 59,110 59,660
      14 63,000 63,550 64,020 64,550 65,100 65,580 66,130


      2003-04
      Step BA BA+15 BA+30 MA MA+15 MA+30 MA+45
      1 36,390 36,960 37,450 38,000 38,570 39,060 39,630
      2 36,890 37,460 37,950 38,500 39,070 39,560 40,130
      3 37,390 37,960 38,450 39,000 39,570 40,060 40,630
      4 37,890 38,460 38,950 39,500 40,070 40,560 41,130
      5 38,540 39,110 39,600 40,150 40,720 41,210 41,780
      6 41,330 41,900 42,390 42,940 43,510 44,000 44,570
      7 44,120 44,690 45,180 45,730 46,300 46,790 47,360
      8 46,910 47,480 47,970 48,520 49,090 49,580 50,150
      9 48,810 49,380 49,870 50,420 50,990 51,480 52,050
      10 50,630 51,200 51,690 52,240 52,810 53,300 53,870
      11 52,900 53,470 53,960 54,510 55,080 55,570 56,140
      12 56,850 57,420 57,910 58,460 59,030 59,520 60,090
      13 60,800 61,370 61,860 62,410 62,980 63,470 64,040
      14 65,300 65,870 66,360 66,910 67,480 67,970 68,540


      2004-05 Teachers
      Step BA BA+15 BA+30 MA MA+15 MA+30 MA+45
      1 36,540 37,140 37,650 38,220 38,820 39,330 39,930
      2 37,040 37,640 38,150 38,720 39,320 39,830 40,430
      3 37,540 38,140 38,650 39,220 39,820 40,330 40,930
      4 38,040 38,640 39,150 39,720 40,320 40,830 41,430
      5 39,240 39,840 40,350 40,920 41,520 42,030 42,630
      6 41,850 42,450 42,960 43,530 44,130 44,640 45,240
      7 44,460 45,060 45,570 46,140 46,740 47,250 47,850
      8 47,070 47,670 48,180 48,750 49,350 49,860 50,460
      9 49,680 50,280 50,790 51,360 51,960 52,470 53,070
      10 52,300 52,900 53,410 53,980 54,580 55,090 55,690
      11 56,300 56,900 57,410 57,980 58,580 59,090 59,690
      12 60,300 60,900 61,410 61,980 62,580 63,090 63,690
      13 64,300 64,900 65,410 65,980 66,580 67,090 67,690
      14 68,300 68,900 69,410 69,980 70,580 71,090 71,690




      2005-06 Teachers
      Step BA BA+15 BA+30 MA MA+15 MA+30 MA+45
      1 38,390 39,010 39,540 40,120 40,740 41,270 41,890
      2 38,890 39,510 40,040 40,620 41,240 41,770 42,390
      3 39,390 40,010 40,540 41,120 41,740 42,270 42,890
      4. 39,890 40,510 41,040 41,620 42,240 42,770 43,390
      5 40,390 41,010 41,540 42,120 42,740 43,270 43,890
      6 42,850 43,470 44,000 44,580 45,200 45,730 46,350
      7 45,850 46,470 47,000 47,580 48,200 48,730 49,350
      8 49,360 49,980 50,510 51,090 51,710 52,240 52,860
      9 52,880 53,500 54,030 54,610 55,230 55,760 56,380
      10 56,400 57,020 57,550 58,130 58,750 59,280 59,900
      11 59,930 60,550 61,080 61,660 62,280 62,810 63,430
      12 63,460 64,080 64,610 65,190 65,810 66,340 66,960
      13 66,990 67,610 68,140 68,720 69,340 69,870 70,490
      14 70,520 71,140 71,670 72,250 72,870 73,400 74,020





      Longevity Factor: $700 additional pay for teachers with fifteen years or more experience as certified teachers in a public school, a state operated school or a nonpublic school approved to receive handicapped pupils from public school districts. Credit will be granted to therapists for experience in clinics, hospitals or similar settings while working under a license or certificate in the discipline. (Fifteen years shall mean fifteen full school years or the aggregate of fifteen years total experience where part-time employment is a factor.) For persons hired to begin initial employment after January 5, 1999, longevity payments shall be made after fifteen full years in the district.

      SCHEDULE B
      CLASSROOM ASSISTANT’S SALARY GUIDE

      2002-03
      Step A B C D
      1 14,690 14,990 14,990 15,290
      2 15,040 15,340 15,340 15,640
      3 15,440 15,740 15,740 16,040
      4 15,840 16,140 16,140 16,440
      5 16,240 16,540 16,540 16,840
      6 17,600 17,900 17,900 18,200
      7 19,560 19,860 19,860 20,160
      8 20,500 20,800 20,800 21,100
      9 21,140 21,440 21,440 21,740
      10 21,740 22,040 22,040 22,340
      11 22,340 22,640 22,640 22,940
      12 23,270 23,570 23,570 23,870
      13 24,210 24,510 24,510 24,810
      14 25,570 25,870 25,870 26,170






      2003-04 Assistants
      Step A B C D
      1 15,751 16,051 16,051 16,351
      2 16,101 16,401 16,401 16,701
      3 16,451 16,751 16,751 17,051
      4 16,851 17,151 17,151 17,451
      5 17,251 17,551 17,551 17,851\
      6 17,651 17,951 17,951 18,251
      7 19,560 19,860 19,860 20,160
      8 20,971 21,271 21,271 21,571
      9 21,911 22,211 22,211 22,511
      10 22,551 22,851 22,851 23,151
      11 23,151 23,451 23,451 23,751
      12 24,345 24,645 24,645 24,945
      13 25,601 25,901 25,901 26,201
      14 26,921 27,221 27,221 27,521



      2004-05 Assistants
      Step A B C D
      1 16,781 17,081 17,081 17,381
      2 17,131 17,431 17,431 17,731
      3 17,481 17,781 17,781 18,081
      4 17,831 18,131 18,131 18,431
      5 18,231 18,531 18,531 18,831
      6 18,631 18,931 18,931 19,231
      7 19,560 19,860 19,860 20,160
      8 20,971 21,271 21,271 21,571
      9 22,351 22,651 22,651 22,951
      10 23,291 23,591 23,591 23,891
      11 23,931 24,231 24,231 24,531
      12 25,307 25,607 25,607 25,907
      13 26,762 27,062 27,062 27,362
      14 28,301 28,601 28,601 28,901


      2005-06 Assistants
      Step A B C D
      1 17,969 18,269 18,269 18,569
      2 18,319 18,619 18,619 18,919
      3 18,669 18,969 18,969 19,269
      4 19,019 19,319 19,319 19,619
      5 19,369 19,669 19,669 19,969
      6 19,769 20,069 20,069 20,369
      7 20,169 20,469 20,469 20,769
      8 21,098 21,398 21,398 21,698
      9 22,509 22,809 22,809 23,109
      10 23,889 24,189 24,189 24,489
      11 24,829 25,129 25,129 25,429
      12 26,398 26,698 26,698 26,998
      13 28,066 28,366 28,366 28,666
      14 29,839 30,139 30,139 30,439

      Column “A”: assistant base salary
      Column “B”: assistant base salary plus differential for holding a substitute certificate
      Column “C”: assistant base salary plus differential for holding a B.A. degree
      Column “D”: assistant base salary plus differential for holding both a substitute certificate and a B.A. degree

      Longevity Factor: Classroom Assistants and Crisis Intervention Specialists with twelve or more years experience as Classroom Assistants, Behavioral Assistants, Crisis Intervention Specialists (or equivalent positions) shall be entitled to $500 additional pay per year. (Twelve years cumulative experience shall mean twelve full school years or the aggregate of twelve years total experience where part-time employment is a factor.) For persons hired to begin initial employment after January 5, 1999, longevity payments shall be made after twelve full years in the district.

        SCHEDULE C
        CERTIFIED OCCUPATIONAL THERAPY
        ASSISTANTS AND
        PHYSICAL THERAPIST ASSISTANTS
        SALARY GUIDES

            2002-03 2003-04 2004-05 2005-06
        Step
        1 31,708 33,515 35,361 37,419
        2 32,208 34,015 35,861 37,919
        3 32,708 34,515 36,361 38,419
        4 33,208 35,015 36,861 38,919
        5 33,708 35,515 37,361 39,419
        6 34,208 36,015 37,861 39,919

        B.A. Factor: $300 additional pay per year for possessing a baccalaureate degree.

        Longevity Factor: COTAs and PTAs with twelve or more years experience as a COTA, PTA or Classroom Assistant shall be entitled to $500 additional pay per year. (Twelve years experience shall mean twelve full school years or the aggregate of twelve years total experience where part-time employment is a factor.) For persons hired to begin initial employment after January 5, 1999, longevity payments shall be made after twelve full years in the district.




        SCHEDULE D

        CRISIS INTERVENTION SPECIALIST
        2002-03
        Step A B C D
        1 27,892 28,192 28,192 28,492
        2 28,392 28,692 28,692 28,992
        3 28,892 29,192 29,192 29,492
        4 29,392 29,692 29,692 29,992
        5 29,892 30,192 30,192 30,492
        6 30,392 30,692 30,692 30,992

        2003-04
        Step A B C D
        1 29,497 29,797 29,797 30,097
        2 29,997 30,297 30,297 30,597
        3 30,497 30,797 30,797 31,097
        4 30,997 31,297 31,297 31,597
        5 31,497 31,797 31,797 32,097
        6 31,997 32,297 32,297 32,597

        2004-05

        Step A B C D
        1 31,137 31,437 31,437 31,737
        2 31,637 31,937 31,937 32,237
        3 32,137 32,437 32,437 32,737
        4 32,637 32,937 32,937 33,237
        5 33,137 33,437 33,437 33,737
        6 33,637 33,937 33,937 34,237

        2005-06
        Step A B C D
        1 32,965 33,265 33,265 33,565
        2 33,465 33,765 33,765 34,065
        3 33,965 34,265 34,265 34,565
        4 34,465 34,765 34,765 35,065
        5 34,965 35,265 35,265 35,565
        6 35,465 35,765 35,765 36,065

        *SALARIES ARE BASED ON 213 DAY WORK YEAR
        SCHEDULE E
            Overnight trips $90.00 per employee per night





            YEAR 1
            ?004-2005
            Salary Guide
            StepClerk
              Sec.
            Prin. Sec.
            H. Resour
            Cleaner
            Custodian
            Cus/MaintC.R.S.
            1
            22952
            26746
            30540
            39831
            20213
            26746
            318050
            2
            23640
            27434
            31228
            40519
            20901
            27434
            324930
            3
            24350
              28143
            31937
            41228
            21610
            28143
            332020
            4
            25079
              28873
            32667
            41958
            22340
            28873
            339320
            5
            25831
              29625
            33419
            42710
            23092
            29625
            349660
            6
            26606
              30400
            34194
            43485
            23867
            30400
            354590
            7
            27404
              31198
            34992
            44283
            24664
            31198
            362570
            8 9
            28226 29073
              32020
              32866.
            35814
            45104
            25486
            32020
            370790
            36660
            45951
            26333
            32866
            379250
            10
            29944
              33738
            37532
            51192
            27205
            33738
            387970
            OG
            30466
              34504
            38316
            0
            30296
            36853
            4191228128
            OG
            0
              38862
            44178
            0
            34831
            0
            488370
            OG
            0
            0
            0
            0
            0
            00




    Mercer Cty Spec Serv BE and Mercer Cty Spec Serv Ed Thera Assn 2002.pdf