MEMORANDUM OF UNDERSTANDING · provide for the Association any records of public domain upon...

MEMORANDUM

OF

UNDERSTANDING

2004Certifi ed

2005

Gilbert Unifi ed School DistrictStatement on Sexual Harassment

Sexual harassment is a form of discrimination in employment and educational opportunities on the basis of sex. It is prohibited by Title VII of the federal Civil Rights Act of 1964, by Title IX of the Education Amendments of 1972, by the

Arizona Civil Rights Act, and by District policy.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This includes employee to student actions, student to employee actions, employee to employee

actions and student to student actions. If you feel you have been sexually harassed or you know someone who has been sexually harassed, you are encouraged to report it immediately to your supervisor, Assistant Superintendent (certifi ed

employees), or Director of Human Resources (classifi ed employees).

Sexual harassment by District employees will not be tolerated and will result in disciplinary action.

GILBERT PUBLIC SCHOOLSGILBERT, ARIZONA

Certifi ed Memorandum of Understanding2004 - 2005 School Year

TABLE OF CONTENTS

ARTICLE TITLE PAGE

1. Association Rights ................................................................................................................ 1 2. Preparation/Planning Time ................................................................................................... 2 3. Traveling Teachers ............................................................................................................... 3 4. Professional Work Day ......................................................................................................... 4 5. Part Time Teacher/Prep Period Pay Calculations ................................................................. 5 6. Professional Growth ............................................................................................................. 6 - 9 7. Curriculum Development ..................................................................................................... 7. Curriculum Development ..................................................................................................... 7. Curriculum Development 10 8. Leaves of Absence ................................................................................................................ 11 - 17 9. Illness/Accident Leave ......................................................................................................... 18 - 19 10. Early Retirement Incentive ................................................................................................... 20 11. Group Insurance ................................................................................................................... 21 12. Retirement/Sick Leave Benefi t ............................................................................................. 12. Retirement/Sick Leave Benefi t ............................................................................................. 12. Retirement/Sick Leave Benefi t 22 13. Admission to Athletic Events ............................................................................................... 23 14. Summer Employment ........................................................................................................... 14. Summer Employment ........................................................................................................... 14. Summer Employment 24 15. Early Release for Grading .................................................................................................... 25 16. Calendar Committee ............................................................................................................. 26 17. Grievance Regulations ......................................................................................................... 27 - 29 18. Professional Staff Assignments Reduction in Professional Staff Work Force Suspension and Dismissal of Professional Staff Members .................................................. 30 19. Mobile Relief Substitute ....................................................................................................... 31 20. Staff Voluntary Transfer of Accrued Sick Leave .................................................................. 32 - 33 21. Teacher Service Reemployment ........................................................................................... 21. Teacher Service Reemployment ........................................................................................... 21. Teacher Service Reemployment 34 22. Head Coaching Release Periods ........................................................................................... 35 23. National Board Certifi ed Teachers ....................................................................................... 36 24. Pay for Performance Plan ..................................................................................................... 37 - 45 25. Retirement/Return to Work Benefi t ...................................................................................... 25. Retirement/Return to Work Benefi t ...................................................................................... 25. Retirement/Return to Work Benefi t 46 - 47 26. Phased Retirement ................................................................................................................ 26. Phased Retirement ................................................................................................................ 26. Phased Retirement 48 - 49 27. Shared Contracts .................................................................................................................. 50 - 51

1. ASSOCIATION RIGHTS

• The Association shall have the right to post notices of activities and matters of Association concern on Association bulletin boards in the teacher lounge with the Principalʼs approval.

• The Governing Board agrees that, within the provisions of district policy and the Arizona Revised Statutes, it will provide for the Association any records of public domain upon request.

• Teachers shall be permitted to leave their campus at the conclusion of the school day to attend meetings of the Gilbert Education Association. Building administrators will be notifi ed of such meetings twenty-four (24) hours in advance, when it is possible to do so.

• The administration understands the need for the Gilbert Education Association leadership to carry out his/her duties in serving the needs of all Association members. During the school year, the Gilbert School District will grant release time to the duly elected leadership of the Gilbert Education Association when approved by the Superintendent and when the obligations require it. The cost of the substitute for this release time, when approved by the superintendent, will be borne by the District. The District further agrees to provide the Association leadership with an Offi ce Assistant for 180 hours per year. The salary of this offi ce assistant will be jointly paid by the District and the Association.

2. PREPARATION / PLANNING TIME

All district teachers shall be allocated time during the students ̓ instructional day for purposes of preparation and plan-ning.

Preparation period shall mean an assigned period set aside for all teachers to be used for professional preparation and plan-ning purposes, and, upon prior arrangement when possible, conferencing with parents, students, and administrators.

• The teacher/administrative team supports the principle of teacher empowerment in determining preparation time at each campus. Therefore, all decisions related to this issue at the elementary level will be determined at each campus by a representative committee of teachers and the administration, taking into consideration individual campus needs. An average of thirty (30) minutes per day standard will be considered when devel-oping these plans. It is understood that the unit administrator shall have the fi nal responsibility for setting the schedule.

• All junior high and high school teachers shall be assigned a preparation period within the school day. The preparation period shall be the same length as the normal classroom period. Junior high and high school shall be expected to provide coverage for absent unit members. When a junior high or high school teacher is directed by the building administrator to provide coverage for an absent unit member, he/she shall be compensated for said coverage at a rate of $12.00 per hour and said teacher will lose his or her preparation period for that day.

• The District shall, in October and February, review the status of preparation periods for all special area/special education teachers. These teachers shall receive time as determined by the administration that may include the use of mobile relief substitutes or a dollar reimbursement equivalent to the cost of the mobile relief sub-stitute.

• At the elementary level when a teacher is directed by the building administrator to provide coverage for an absent colleague, such teacher shall be compensated for said coverage at a rate of $12.00 per hour and said teacher will lose his or her preparation period for that day.

• The District understands the need for individual preparation during the orientation days. To that end, regular classroom teachers ̓schedules shall include a minimum of two half days meeting-free for individual prepara-tion. It is not the intent of this agreement to prevent district level meetings from taking place for special area teachers; i.e., special education teachers, elementary physical education teachers, ALP teachers, etc.

• The GEA and Administration support and understand the need for team planning to enhance the educational program. Therefore, decisions relating to the use of collegial planning time will be determined at each site by a representative committee of staff and administration. This decision shall take into consideration district and individual campus needs, but will include team planning as a focus for a minimum of 25% of the total collegial planning time.

• The District shall allocate to each elementary school the sum of sixty dollars ($60) per classroom teacher. The school will develop plans using this money to provide a minimum of one 2-hour team planning time per quarter. The plans shall be developed by a team made up of representatives from each grade level, special areas and administration. These plans shall be submitted to the Assistant Superintendent of Elementary Education for approval on or before October 1.

3. TRAVELING TEACHERS

• Teachers who use their personal automobile in traveling from school to school shall be reimbursed for all such travel at the rate of ARS limit per mile.

• For purposes of assignment of duties, the following procedures will be implemented:

• Traveling teachers between two schools will have duty only at the campus at which their day origi-nates.

• Traveling teachers between three schools will not be assigned duty at any campus.

4. PROFESSIONAL WORK DAY

Teachers will perform all of their contractual obligations.

Faculty meetings may be called at the principalʼs discretion but will be held on the same day of the week and during the working day as much as possible to allow staff members to plan their time. When faculty meetings are held prior to the start of the professional work day, teachers may leave at the conclusion of the student day as long as their professional obligations are fulfi lled. When faculty meetings extend beyond the end of the professional work day, teachers may leave the following day at the conclusion of the student day as long as their professional obligations are fulfi lled. Teachers can be required, at the principalʼs discretion, to return for a reasonable number of evening activities. On such occasions, teachers may leave their respective campuses at the conclusion of the student day as long as their professional obligations are fulfi lled.

A teacher who believes that they are being asked to return for an unreasonable number of evening activities may choose to utilize the grievance procedure in the Memorandum of Understanding.

Each teacher shall have a duty-free lunch of at least thirty (30) uninterrupted minutes. When a thirty (30) minute duty-free lunch is not provided, and if the teacher has no other professional obligations, the teacher shall be allowed to leave at the end of the student day.

The administration shall make every effort to see that adjunct duty responsibilities of teachers are equally shared by all of the teachers at a particular school, and that these responsibilities are scheduled as far in advance as possible so that teachers may plan their instructional preparation activities to accommodate for them.

5. PART TIME TEACHER/PREP PERIOD PAY CALCULATIONS

The District will, in staffi ng of programs and schools, on occasion fi nd it necessary to employ part-time teachers or request that a teacher give up his/her plan period to provide instruction to students. When this happens, the following formula shall be used to calculate the teacherʼs salary.

• Teacher salary ÷ number of contract days =X • X ÷ 8 = Y (the rate of pay per hour) • Y x hours = compensation

6. PROFESSIONAL GROWTH

Courses that may be Approved for Credit

Graduate credits. Graduate courses taken at an accredited college or university will be allowed when such courses will add to the educational background of the teacher. Such course work will be awarded salary credit if it is relevant to the teacherʼs current teaching assignment. Credit will also be granted for courses deemed not relevant to the current teaching assignment under the following conditions:

• The course is part of a masterʼs degree in education. • The teacher presents a plan for education certifi cation in another area, including all proposed course work,

prior to enrollment.

Interdisciplinary course credit. Teachers are encouraged to take classes that will enhance the philosophical instructional model of interdisciplinary/integrated curriculum. To that end, professional growth credit will be granted for course work taken outside the teachers ̓regular teaching assignment. Such course work must be approved by the school principal, the appropriate assistant superintendent and the professional growth committee in order to receive credit. Teachers must fi ll out a EAR and attach a course description and rationale for the course.

Undergraduate credits. Teachers may receive up to twenty-four (24) credits of professional growth credit at the under-graduate level for content area courses after initial employment by the district. These courses must be:

• In the content presently being taught by the teacher; and/or • part of an approved plan of study that allows the teacher to meet requirements to teach in a different content area

Teachers wishing to receive credit must complete a Request for Undergraduate Credit Professional Growth form before taking the course, meet with and have it approved by the building Principal. When approval is granted a copy of the ap-proval form must be fi led with the Human Resources offi ce. Request forms are available in the Human Resources offi ce or the school offi ce.

Special certifi cation credits. Certifi ed members may obtain District credit for special certifi cations that relate to their teaching duties which may include, but are not limited to: Advanced Lifesaving, CPR, Emergency Medical Technician, etc. Credit is subject to committee approval.

Staff development credit. Certifi cated staff members may earn credit by completing courses offered through the staff development program. One unit of credit will be awarded upon the accumulation of fi fteen (15) hours of in-class staff development instruction. Prior approval is not necessary.

Workshops/conferences. Certifi cated employees may obtain District credit for workshops and conferences when the costs of the workshop / conference and substitute teacher are paid by the employee. The certifi cated employee would need to take a Personal Day to obtain credit. Prior approval must be obtained from the unit administrator, the Staff Development Department, and the Professional Growth Committee. The teacher must provide: • Documentation of attendance. • Documentation of the number of hours of the workshop. • A plan to share this workshop with other professionals through the staff development department or the site

administrator.

Travel credit. The District understands that teachers may travel and during those times experience activities that may be used to enhance their classroom curriculum. Teachers may receive credit for travel after May 22, 1998, if the travel meets the following conditions:

• The travel experience must be directly related to the teacherʼs current assignment. • The travel experience must enhance the classroom and/or grade level curriculum. • The credit may not be for an identical experience.

Thirty (30) days prior to traveling, teachers requesting travel credit must fi le with their principal and the Professional Growth Committee a Projected Request for Travel Credit form including:

• An itinerary of the trip. • The relationship of the trip to their current teaching assignment. • The expected outcome of the trip as it relates to the curriculum. • The projected number of hours they expect to receive.

Approval for travel credit will not be granted until all documentation is received after the travel is completed. Documenta-tion must be submitted on or before December 1.

Upon their return, the teacher must submit the following documents to the principal and Professional Growth Committee to be granted fi nal creditto be granted fi nal credit:

• A journal of travel activities including dates and times of the trip that were spent viewing items; i.e., attending lectures, visiting museums, and how these activities relate to the classroom curriculum.

• A synopsis of the above activities. • A synopsis of what was learned and how they relate to the curriculum. • Documentation of activities; i.e., admission tickets, brochures, etc. • A classroom lesson/unit plan developed from the travel experience to include: • objectives of the lesson • student activities • supplies and materials needed • a student evaluation instrument to measure learner outcomes

It is understood the teacher will receive credit for the time spent viewing items related to their actual teaching assignment. Travel time, preparation time, documentation time, meal time, etc. cannot be used for credit.A teacher may only earn 45 clock hours (3 credits) during a three (3) year period for travel.

General Considerations for Approval of Credit

Prior approval of courses. The purpose of the Professional Growth Committee is to approve credit work for salary advance-ment. Employees are advised and encouraged, but not required, to submit an Employee Action Request (E.A.R.) for course approval prior to enrollment. Staff members should be aware that unless prior approval is obtained they may successfully complete a course but may not receive professional growth credit. The Assistant Superintendent or designee shall have the authority to approve courses relevant to the work assignment that are offered by the North Central Association approved institution. All other requests, including those for undergraduate credit, workshops, and conferences shall be approved by the unit administrator and forwarded to the Human Resources offi ce for action.

Limitation on number of credits. Courses taken at an accredited college or university for the purpose of professional growth on the salary schedule shall not exceed twenty-four (24) semester credits in a calendar year or six (6) semester credits during any semester that the teacher is employed by the District. These guidelines may be exceeded with prior written approval by the unit administrator and the Professional Growth Committee.

Hours above a degree. Once a course is approved for credit, it shall continue to be allowable for continued salary advance-ment; i.e., a course approved for B.A. +12 may also be counted after conferral of the masterʼs degree if it is not a part of the masterʼs degree program.

Verifi cation of completed course work. Offi cial transcripts that show verifi cation of credit must be submitted for evaluation. To qualify for approval, all verifi cation must show a minimum grade of C for course work. Symbols used to indicate that a course was passed and credit was received are also acceptable. (Example: Y used at Arizona State University to indicate that credit was received.) Courses taken for audit credit will be granted for salary advancement under the same guidelines as for workshops/conferences. Employees may not earn more than 6 credits of professional growth at the audit level.

Projected dates for fi ling applications for additional pay:

• Course work must be completed prior to the end of the summer session. • Salary advancement will be awarded, retroactively, provided that offi cial transcripts are received in the Human Resources Department on or before December 1.

Professional Growth Committee

Function. The committee shall evaluate and make recommendations on all applications made for credit toward salary range advancement except for requests pre approved by the Assistant Superintendent or designee.

Committee membership:

• The Assistant Superintendent or designee, who shall chair the committee but vote only in cases if ties. • One principal, to serve two (2) years beginning 1993/94. • One principal or other administrator, to serve three (3) years beginning 1993/94. • One teacher, to serve two (2) years beginning 1993/94. • One teacher, to serve three (3) years beginning 1993/94. • The basic skills and staff development specialist.

Appointments. All appointments will be made by the Assistant Superintendent or designee. The Gilbert Education As-sociation will recommend teachers for committee appointments.

Meetings. The Professional Growth Committee will meet as necessary, and the applicants will be informed in writing of the committeeʼs decisions.

Appeal. A teacher who disagrees with a decision of the Professional Growth Committee may appeal the decision, provided that the following guidelines and procedures are observed.

• Appeal proceedings shall be kept as informal and confi dential as may be appropriate at any level of the appeal procedure. All documents, communications, and records dealing with the processing of an appeal shall be permanently fi led in the Human Resources offi ce. It is important that appeals be processed as expeditiously as possible.

• Appeal procedure:

• A teacher may resubmit the original request with additional documentation within ten (10) school days of the denial. The Professional Growth Committee will deliver a written decision after the ap-peal has been submitted.

• If the teacher decides to appeal the decision, it must be submitted in writing to the Superintendent within ten (10) days after receipt of that decision.

• Upon receipt of the appeal, the Superintendent or designee will review the initial request and sub-sequent appeal and may meet with the teacher. A written decision will be delivered within ten (10) school days after presentation of the appeal. The decision of the Superintendent or designee shall be fi nal.

District Committee Credit

Teachers may earn up to one hundred eighty (180) hours of professional growth credit for serving on district committees that enhance their instructional skills or content area knowledgecontent area knowledge. These requests for credit must be submitted to the Professional Growth Committee by the committee chair at least fi fteen (15) days prior to the fi rst committee meeting. This will be done on the Request for Professional Growth Credit for Committee Work form available in the district Human Resources offi ce.

The committee chair shall also provide the Professional Growth offi ce with a roster of individuals to receive credit within thirty (30) days of last committee meeting.

It is understood that:• Credit is granted only for committee meeting time.

• All work is done outside the professional work day.

• Teachers are not paid for this work by the district.

7. CURRICULUM DEVELOPMENT

It is recognized that curriculum development is of vital importance in maintaining quality education in the District. The District will provide the opportunity for qualifi ed teachers to engage in the process of developing or rewriting curriculum. Curriculum development projects will take place outside the professional working day or during summer vacation when possible to do so. Before accepting responsibility for such tasks, teachers will be advised of the goal and objectives of the project. The Assistant Superintendent will also meet with the project writer to determine an appropriate stipend. Teachers who engage in developing curriculum during the school day will have classes covered for them.

8. LEAVES OF ABSENCE

The Gilbert Education Association (GEA) and Administration would ask that all teaching staff use professional judgement in taking leave days. When employees are absent: 1) students ̓learning is impacted; 2) the cost of substitutes impacts the budget; and 3) availability of qualifi ed substitutes often creates a situation where colleagues cover for the absent teacher.

MEDICAL LEAVE

Each employee shall accrue medical leave days one day per month for the fi rst 5 years. For employees 6 years and beyond, medical leave days will accrue one day plus the fractional portion each month so that the following rate is achieved:

• 6 - 10 Years 11 Days (1.1 days/month) • 11 - 15 Years 12 Days (1.2 days/month) • 16 - 20 Years 13 Days (1.3 days/month) • 21 or More 14 Days (1.4 days/month)

Medical leave may be used for:

• Personal illness (elective surgery must be done outside the contracted employment days)

• Medical appointments that cannot be scheduled outside of the regular work day

• Pregnancy

• Mother: The mother of a newborn child may use up to 6 weeks of accrued leave for her recuperation. She may also take leave longer than 6 weeks without pay under the Newborn Child Care policy and Family Medi-cal Leave Act. In cases where the doctor verifi es that further medical care is necessary for the mother or the child, the employee may request an extension of the leave and use accrued sick leave if available.

• Father: The father of a newborn child may request up to a 6 week leave and use accumulated sick leave dur-ing this absence to assist in the recuperation of the mother/child immediately following birth. He may also take leave longer than 6 weeks without pay under the Newborn Child Care policy and Family Medical Leave Act. In cases where the doctor verifi es that further medical care is necessary for the mother or the child, the employee may request an extension of the leave and use accrued sick leave if available.

• Adoption: Individuals adopting children may request up to 6 weeks of leave or the number of days required by the placement agency and draw from their accumulated sick leave immediately following the adoption. They may also take leave longer than 6 weeks without pay under the Newborn Child Care policy and Family Medical Leave Act. In cases where the doctor verifi es that further medical care is necessary for the mother or the child, the employee may request an extension of the leave and use accrued sick leave if available.

• Attend to an illness of a member of the family (e.g., spouse, father, mother, child, brother, sister, foster parents, in-laws, grandparents, and grandchildren)

Accrued personal days may be used for medical leave if medical leave days have been exhausted.

All medical leave time taken from the District must be for recuperative activity or adoption care.

The district maintains the right to request medical verifi cation of absences under this policy.

All unused medical leave will be accrued.

Employees absent for 6 consecutive work days or more shall provide the District with a Return to Work Form and/or a physicianʼs release.

PERSONAL LEAVE (Revised 10/20/03)(Revised 10/20/03)

Each employee shall have (3) days of personal leave per year. An Employee Action Request Form (EAR) shall be fi led with the site administrator at least (3) working days prior to the leave except in an emergency to allow for securing a substitute. Unused personal leave days will accrue at a rate of 1:1 for each unused personal leave day into an individualʼs medical leave (sick leave) at the end of each contract year.

These days may be used with the exception of the following blackout dates:

• First two weeks of school • Last two weeks of school • Last week of semester I • First week of semester II • The day before or after any scheduled holiday • State mandated testing days • Early release days • Collegial planning days

Employees requesting to use personal leave days during the blackout dates must request approval from the District Leave Committee at least thirty days prior to the date of the requested leave. These days will only be granted in cases of emergen-cies, which must be explained in detail to the committee.

Employees who have banked personal leave days which were accrued prior to July 1, 2003, may use them before retire-ment/termination as outlined in the Certifi ed Memorandum of Understanding or have them bought back at retirement at the employeeʼs daily rate upon retirement/termination if not used.

An employee may use days from his/her personal leave bank as follows:

• Up to 4 consecutive personal leave days by fi ling an EAR with the site administrator at least 3 working days prior to commencement of the leave. Such leave may not be used during the black-out days.

• 5 or more consecutive days may be requested by fi ling an extended personal leave request 30 calendar days prior to commencement of the leave with the site administrator, except in extenuating circumstances.

The administrator shall review the request and forward it to the District Leave Committee for approval/disapproval.

BEREAVEMENT LEAVEAn employee may use up to 5 days leave which would not be deducted from their accumulated leave to attend the funeral of an immediate family member (spouse, parents, children, siblings). An employee may use medical or personal leave if bereavement leave is needed for someone who is not an immediate family member. If more than 5 days are needed, the employee shall apply in writing to district administration for approval.

MEDICAL LEAVE BUY BACKFull time employees terminating employment will be reimbursed for unused medical leave at the following rates:

• *25 - 49 Accumulated medical leave = $25.00 per day • 50 - 74 Accumulated medical leave = $30.00 per day • 75 - 99 Accumulated medical leave = $40.00 per day • 100 - 149 Accumulated medical leave = $56.00 per day • 150 or more Accumulated medical leave = $73.00 per day

*Employees with 25 - 49 days requesting reimbursement must have more than 10 years employment with the Gilbert School District.

Individuals wishing to apply for this benefi t must notify the Superintendent or his/her designee in writing 180 calendar days prior to terminating employment. In the event of the death of a certifi cated staff member with 10 or more years of continuous service to the District, medical leave reimbursement will be distributed to the employeeʼs benefi ciaries/estate. Should more employees apply for this program than the District budget allows, monies shall be distributed on a fi rst-to-ap-ply, fi rst-reimbursed basis. When funds are not available, reimbursement will be given the following year.

The committee shall consider such factors it deems necessary including but not limited to:

PERSONAL LEAVE BUY BACK (Revised 10/20/03)(Revised 10/20/03) Accrued personal leave will be bought back at the employeeʼs daily rate upon retirement/termination. The employee must have reached a total of 70 points (using years of employment in Gilbert and the employeeʼs age) to participate in the personal leave buy back program. The employee will notify the Assistant Superintendent in writing of his/her intent to retire/termi-nate service 15 months prior to retiring. In the event of the death of a certifi cated staff member with 10 or more years of continuous service to the District, personal leave reimbursement will be distributed to the employeeʼs benefi ciaries/estate. An individual may consult with the Assistant Superintendent to establish a pay plan.

DISTRICT LEAVE COMMITTEE

The District Leave Committee shall be composed of:

• An elementary, junior high school and high school teacher appointed by the Gilbert Education Association.

• An elementary, junior high school and high school administrator appointed by the School Superintendent.

• The committee shall be chaired by the Assistant Superintendent of Human Resources who shall have no voting power.

The committee shall meet as needed and approve/disapprove requests for leave during black-out days and extended leave.

• The reason for the leave • The frequency of the leave • The employeeʼs attendance/performance • The recommendation of the site administrator

LONG TERM LEAVE

Long term leave, without pay, may be granted an employee upon the recommendation of the Superintendent or his designee for a period of not longer than one (1) year for medical reasons, including pregnancy. This would also include leave to care for an ill spouse, son, daughter or parent. An accompanying statement from the employeeʼs personal physician (M.D. or D.O.) is required before such leave is granted. An employee granted a long term leave for a full year shall be reemployed at the conclusion of the leave at the same step on the salary schedule. Any leave for less than one-half year shall be granted one (1) step on the salary schedule the following year. Notifi cation of intention to resume employment, after a leave, must be submitted in writing to the Superintendent or his designee on or before March 1 of the year in which the leave is granted. A minimum of one (1) week prior to return, the employee must submit a medical release from their physician stating that the employee is able to resume full responsibilities.

NEWBORN CHILD CARE

Staff members with more than 3 years employment may request up to one yearʼs unpaid leave for the purpose of newborn child care. Such leave shall be for the duration of a semester or academic year. Such leave must be requested at least ninety (90) days prior to the semester/year for which the leave is requested. Teachers being granted newborn child care leave for a full year shall not be given salary service advancement credit. Teachers granted such leave shall notify the Superintendent or his designee in writing of his/her intention to return at least thirty (30) days prior to the end of the semester. Employees with newborn children and/or adopting children are referred to the Family Medical Leave Act which is further explained in this policy.

FAMILY AND MEDICAL LEAVE ACT (FMLA)FAMILY AND MEDICAL LEAVE ACT (FMLA)

The District shall fully comply with the Family and Medical Leave Act and all interim and fi nal regulations interpreting the FMLA issued by the U.S. Department of Labor. Accordingly, all portions of this procedure that pertain to the FMLA shall be interpreted in a manner consistent with the FMLA and its regulations. Subject to the conditions set forth herein, any eligible employee (having completed 12 months and 1,250 hours of service with this district) of the District may take up to twelve (12 weeks of leave (FMLA leave) during any twelve (12) month period, without pay, for any one or more of the following reasons:

• Because of the birth of a child of the employee and in order to care for such child. The leave may start before the birth of a child, but it must be verifi ed by a doctorʼs certifi cate.

• Because of the placement of a child with the employee for adoption or foster care.

• In order to care for the spouse or a son, daughter, or parent of the employee, if such person has a serious health condition.

• Because of a serious health condition that renders the employee incapable of performing the functions of his/her job.

Serious medical condition means an illness, injury, impairment, or physical condition that involves inpatient care in a hospital, hospice, or residential medical facility, or outpatient care with continuing medical treatment by a licensed physician.

Employee eligible for FMLA: Any employee who has been employed by the district at least twelve (12) months and who has completed at least 1,250 hours of service, with this District, immediately prior to the time the FMLA is to commence shall be eligible for FMLA leave.

Special conditions applicable to FMLA: Entitlement to leave for the birth of a child or the placement of a child for adop-tion or foster care ends at the expiration of a twelve (12) month period, beginning on the date of the event.

A husband and wife working for the District may be limited to a total of twelve (12) weeks of leave during each fi scal year for the birth of a child or the placement of a child for adoption or foster care and to care for an employeeʼs parent with a serious health condition.

The District shall not require any employee to substitute accrued sick leave for FMLA leave used by reason of a birth, adop-tion, or foster placement. In any other circumstance, an employeeʼs accrued sick, vacation, personal, or other applicable leave shall be substituted for FMLA leave, to the extent available by policy, unless otherwise agreed to by the District.

Employee application for FMLA: An employee must provide the Districtʼs Benefi ts Department at least thirty (30) days notice before the FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption, or foster care, or planned medical treatment for a serious health condition of the employee or family member. If thirty (30) days notice is not practicable, notice must be given as soon as practicable. The notice shall be in the form of a request for leave of absence as specifi ed in this policy. The District may deny FMLA leave to any eligible employee until such time as the employee has provided the required notice.

Medical certifi cation: All medically related FMLA leave shall be supported by medical certifi cate provided by the em-ployeeʼs health provider in the form of the exhibit accompanying this policy. In any instance where the FMLA leave must be preceded by thirty (30) days ̓notice, the medical certifi cate should accompany the request for leave of absence. In any other instance, the medical certifi cate should be provided within fi fteen (15) days after the FMLA leave commences.

The employee may be requested to provide recertifi cation of medical conditions in support of leave if the District feels that the circumstances so warrant and notice is given. Recertifi cation shall not be required for intervals shorter than thirty (30) days.

Whenever a medical certifi cation or recertifi cation is required of an employee, notice describing such requirement and pro-viding the form of such certifi cation shall be provided to the employee. An employee shall not be denied FMLA leave or other rights under the FMLA unless a notice required by FMLA in such situation has fi rst been provided to the employee.

Intermittent or reduced time (IRT) leave: FMLA leave may be taken intermittently or on a reduced leave schedule only: 1) if medically necessary to care for a family member or for the employeeʼs own serious health condition; or (2) if approved by the District. The District may, for the term of the leave, transfer the employee to an alternative position with equivalent pay and benefi ts.

If the IRT leave is for an instructional employee (one whose principal function is to instruct students in a class, small group, or as individuals), the District can require the employee either to take leave for a period or periods of a particular duration not greater than the duration of the planned treatment or to transfer temporarily to an available alternative position with equivalent pay and benefi ts that provides better accommodation of recurring periods of leave, provided the leave is:

• Requested to care for a qualifying family member or as a result of the employeeʼs serious health condition preventing job performance;

• Foreseeable, based upon planned medical treatment; and

• For more than twenty (20%) of the working days in the leave period.

The employee may be granted leave under these circumstances, subject to reasonable efforts to schedule treatment so as not to unduly disrupt the educational program.

Special end-of-semester circumstances for instructional employees: Under each of the following conditions, leave for an instructional employee may be required to continue to the end of the academic semester:

• Leave begins more than fi ve (5) weeks before the end of the semester, leave is for at least three (3) weeks, and return to employment would occur during the last three (3) weeks of the semester.

• Leave other than for the employeeʼs serious health condition begins within the last fi ve (5) weeks of the se-mester, leave is for greater than two (2) weeks ̓duration, and return to employment would occur during the last two (2) weeks of the semester.

• Leave other than for the employeeʼs serious health condition begins within the last three (3) weeks of the semester and leave exceeds fi ve (5) working days.

Employee notifi cation: With each request for FMLA leave, the employee shall be notifi ed:With each request for FMLA leave, the employee shall be notifi ed:With each request

• About FMLA by provision of the FMLA fact sheet (exhibit 2).

• As appropriate concerning the expectations, obligations, and consequences of taking FMLA leave per 29 C.F.R. Section 825.301 of FMLA.

• That FMLA leave may be withheld until a requested notice is provided or the time frame is met.

• That if leave is granted to an employee who is unable to perform the work required, restoration may be de-nied until the employee has complied with the request to provide medical certifi cation of ability to return to work.

The District will post notices in conspicuous places on the District premises that provide a summary of FMLA and infor-mation on how to fi le a charge for an FMLA violation.

Health care continuation: An employee taking FMLA leave shall be entitled to have the health care plan in which the employee is participating continue under the same terms and conditions applicable to actively working employees. The District shall require the repayment of any health care premiums paid by the District for continuing coverage during the period of the FMLA leave if the employee fails to return to work after the FMLA leave expires and the failure to return is not due to circumstances beyond the employeeʼs control.

Position restoration: Upon return from FMLA leave, an employee shall be restored to the same position held before the FMLA leave commenced or to an equivalent position with equivalent pay, benefi ts, and working conditions. The District requires an employee to provide a medical certifi cate from a health care provider that the employee is able to resume work before returning from FMLA leave for a serious personal health condition. The District may delay the return of an instructional employee from FMLA leave at the end of a semester, in accordance with Section 103(d) of FMLA. The District may deny restoration of position to any key employee (i.e., one who is among the highest ten (10%) of all employees of the District), in accordance with Section 104(b) of FMLA.

PROFESSIONAL LEAVE:

A professional leave of absence without pay may be granted an employee who has been employed a minimum of four (4) con-secutive years. This leave will be for a period of not longer than one (1) year for reasons of professional improvement:

• Attendance at a college or university for the purpose of obtaining a higher degree;

• A professional project approved by the Superintendent and Governing Board. The Board or Superintendent may request appropriate written documents related to the project and may meet with the teacher for further clarifi cation of the project.

SABBATICAL LEAVE:

A member of the teaching staff, who has been employed by the District seven (7) or more consecutive years, may be granted, upon request, a sabbatical leave for one (1) year. This will be a paid leave of absence granted for formal professional education, that will enhance the Districtʼs education program. Offi cial transcripts of work shall be submitted to support additional education. During the sabbatical leave, the staff member shall be considered to be in the employ of the District, and shall be paid at the rate of one-half (l/2) of the last salary received. Upon returning to duty with the District, the staff member will be placed on the appropriate salary range in conjunction with the employee s̓ level of preparation.

Guidelines for instituting the sabbatical leave are:

• A maximum of three percent (3%) of the combined elementary and high school faculty members may be granted sabbaticals in any one year.

• February 15 is the last date that a sabbatical may be applied for to be effective the following year. Board ap-proval or rejection of such application should be given by March 15.

Guidelines for Board to use in selecting applications are:

• The staff member must have been employed by the District as a teacher for at least seven (7) years.

• The staff member must present a program of study that will enrich the educational program of the school.

• Work will be at any approved educational institution.

• The staff member may be required to explain the proposed education program if the Board desires such explanation.

If more than the maximum three percent (3%) apply for sabbatical leaves, the Board should consider:

• The value of the program to the school.

• The years of service of each staff member.

• The number of years left in the staff memberʼs career.

If one person has been accepted for a sabbatical in a given year from the junior or senior high schools, the preference should be shown the person from one of the elementary schools, if programs are of like value.A staff member, upon return from sabbatical leave, shall be restored to the former position or to a position of a like nature and status. A staff member on sabbatical leave who does not return by the end of the one-year period shall repay to the District the amount received from the District during the leave period. If such amount is not so paid, the Board shall direct the county attorney to institute suit against such person to collect the amount due. If a staff member should leave District employment before fulfi lling three (3) years of employment following the sabbatical, then that staff member must return

that pro rata amount of money received for the sabbatical. If a staff member dies or becomes unemployable because of ill-ness before the three (3) years of employment is completed after a sabbatical leave, the Board may, if they feel the situation warrants such action, waive the reimbursement fee to the District for not fulfi lling the sabbatical contract.

JURY DUTYJURY DUTY

Members of the certifi cated staff called to serve jury duty shall be granted leave for such service. Individuals so called are to report their anticipated absence to substitute services personnel a minimum of twenty-four (24) hours prior to such service, when possible. Upon return from jury duty, the employee shall complete the normal absence report.

MILITARY LEAVE (Revised 04/01/04)(Revised 04/01/04)

The District recognizes that employees may perform voluntary or involuntary service for the military. In those cases, it is the intention of the district to comply with all rules and regulations, now in effect or as they may be modifi ed in the future, of the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Employees performing military duty should inform their immediate supervisor and the Human Resources Department of any pending military service preferably in writing prior to the military leave.

Included in these regulations are:

• The employee may, at his/her option, use his/her personal days, vacation time or other paid leave to maintain income during period of active military service.

• Military service will be counted as time with the Arizona State Retirement System (ASRS) and the District shall contribute both the employee and employer contributions.

• Any Gilbert Public Schools employee who is a member of the national guard shall be entitled to leave of ab-sence from his/her duties without loss of time or effi ciency rating on all days during which he/she is engaged in fi eld training as provided by this chapter and for a period during leave of absence not to exceed thirty days in any two consecutive years he/she shall be entitled to his/her pay.

• The employee military service shall not cause a change in seniority status.

• The employee shall receive salary credit as though he/she were continuously employed.

• The employee and/or covered dependents may elect to continue to receive District health insurance for up to eighteen months at a rate of 102% of the cost in lieu of military insurance that commences on the 31st day of st day of st

military service.

• Health insurance shall be immediately reinstated upon the employee s̓ return to work.

• If the military leave exceeds thirty days, the employee shall provide documentation of the service to the Dis-trict.

• Employees of the District shall comply with rules and regulations of the USERRA regarding the time line for the return to work of the employee.

• Employees should notify their supervisor and the Human Resources Department as soon as possible regarding their return to work date.

9. ILLNESS / ACCIDENT LEAVE

The District expects that employees perform their duties in a safe manner but realize that a teacher may occasionally be injured at the work site through no fault of their own. If an employee is injured on the job and granted Workmanʼs Com-pensation, the District will pay his/her insurance premium for up to nine months after all leave has been exhausted.

When an employee is injured at work, the District provides a replacement income insurance policy through the Workmanʼs Compensation Plan. This plan provides compensation at 2/3 of an employeeʼs salary to the state allowable maximum.

The Workmanʼs Compensation Plan provides replacement income at the following rates:

Days 1-7. No compensation unless employee is off work fi fteen (15) days or more. When the employee is off work fi fteen (15) days or more, the plan provides compensation retroactively to the fi rst day.

Day 8 or Longer. 2/3 of pay to the state allowable maximum.

The District understands that employees may or may not have sick days available to compensate for lost income during this time period. Therefore, the following benefi ts are provided:

Employees with more than Seven (7) Sick Days Available

Days 1-7. Employees with sick days available may use sick leave to continue pay. Sick leave will be deducted.

Day 8 or Longer. The employee may:

• Accept the state compensation award and have no sick leave deducted, or

• Use his/her available sick leave to supplement his/her income up to 90% of his/her normal take-home pay. Sick leave will be deducted on a pro rata basis in this case, depending on the sick leave supplemented in each case, or

• When or if the employee runs out of sick leave, he/she will be compensated at the pay rate awarded by State Comp.

Employees with less than Seven (7) Sick Days Available

If an employee has less than seven (7) sick days, he/she may request that sick days be advanced. This advance may not be more than:

• The sick days available to that employee for the rest of the fi scal year, or

• The combination of accrued sick leave plus the advance may not exceed seven (7) days.

Requesting Sick Day Advance

The request for a sick day advance must be submitted in writing to the Director of Finance within ten (10) working days unless extenuating circumstances exist (i.e., employee hospitalized).

The Director of Finance may approve or deny the request based on:

• The employeeʼs years of employment • The employeeʼs past medical record • The employeeʼs past attendance record

The Director of Finance shall respond in writing within three (3) working days of receipt of the request.

If the Director of Finance denies the request, the employee may appeal his/her decision to the Industrial Leave Committee within fi ve (5) working days of receipt of the denial. This appeal shall be in writing and delivered to the Assistant Super-intendent or designee and state the reasons why the decision of the Director of Finance should be overturned. The Indus-trial Leave Committee shall meet within seven (7) working days of the request and either uphold, overturn, or modify the decision of the Director of Finance. The Committee may request that the employee and/or Director of Finance meet with them to clarify issues. The employee may request to make a presentation to the committee. The Committee shall deliver its decision in writing. The decision of the Committee shall be fi nal.

Requesting Reinstatement of Sick Leave (Days 1 through 14)

Employees who believe they have been injured through no fault of their own may appeal to the Director of Finance that the fi rst seven (7) days sick leave be reinstated. The employee shall provide all necessary documents to the Director of Finance, including but not limited to:

• A copy of the industrial report • A detailed description of the incident • Notarized witness statements • The reason for the request

This reinstatement claim must be fi led within thirty (30) calendar days of the accident except in extenuating circumstances. The Director of Finance shall deliver his written response within ten (10) working days.

If the Director of Finance denies the claim, the employee may fi le an appeal with the Industrial Leave Committee through the Assistant Superintendent or designee within ten (10) days of the Director of Financeʼs decision. The committee shall meet twice during the fi scal year. The written decision of the committee shall be fi nal.

Committee Composition

• The Assistant Superintendent or designee for Certifi ed Personnel who shall chair the committee and only vote in cases of ties.

• Two (2) certifi ed teachers, recommended by the GEA. • Two (2) administrators appointed by the Assistant Superintendent or designee.

Compensation

Days 1-7. If the request for advanced days is approved, the employee will receive full pay for the number of days advanced. If the employee goes beyond fi fteen (15) days and is reimbursed by the Industrial Commission, he/she will have deducted an amount equivalent to the compensation award. This reimbursement to the District must be completed by the end of the fi scal year and his/her sick leave will be reinstated.

Day 8 and beyond. The amount of the compensation award.

It is understood that should money be granted an employee, and a determination is made that the injury was not industrial, he/she shall be liable to refund all monies received through sick leave advancement prior to the end of the fi scal year.

10. EARLY RETIREMENT INCENTIVE

A full time staff member with ten (10) years consecutive service to the District who retires early, may apply to work in the Districtʼs Early Retirement Program. Written application must be made before January 1 of the preceding year. In the event of extenuating circumstances, the District will evaluate on a case by case basis.

Early retirees may work a maximum of forty (40) days at a rate of $120. per day. Early retirees may work only nineteen (19) hours per week.

Early retirement benefi ts are granted on a year-to-year basis.

In the event more individuals apply for this program than District budget allows, participants will be selected on a fi rst-to- apply, fi rst-selected basis.

Early retirees will have the opportunity to carry their insurance through one of the following options:

• Private insurance carrier at the employeeʼs expense.

• COBRA segment of the Gilbert Insurance Trust. The employee will be responsible for costs above the state reimbursement.

• The insurance program offered through the Arizona State Retirement System.

11. GROUP INSURANCE

The District shall continue to provide group insurance coverage for each full-time member of the professional teaching staff as defi ned by the Trust Document. The Governing Board shall continue to give consideration to recommendations on specifi c details on insurance programs presented through the Superintendent from the District Insurance Committee.

12. RETIREMENT / SICK LEAVE BENEFIT

Full time certifi cated employees terminating employment will be reimbursed for unused sick leave at the following rates:

*25-49 Accumulated unused sick days = $25.00 per day 50 - 74 Accumulated unused sick days = $30.00 per day 75 - 99 Accumulated unused sick days = $40.00 per day 100 - 149 Accumulated unused sick days = $56.00 per day 150 or more Accumulated unused sick days = $73.00 per day

*Employees with 25-49 days requesting reimbursement must have more than 10 years service to district.

Individuals wishing to apply for this benefi t must notify the Superintendent or designee at 180 calendar days prior to terminat-ing employment. In the event of the death of a certifi cated staff member with ten (10) or more years of continuous service to the District, sick leave reimbursement will be distributed to the staff memberʼs benefi ciaries. Should more employees apply for this program than the District budget allows, monies shall be distributed on a fi rst-to-apply, fi rst-reimbursed basis. When funds are not available, reimbursement will be given the following year.

13. ADMISSION TO ATHLETIC EVENTS (Revised 8/05/04)

Certifi cated employees may use their GPS photo I.D. for admission to GPS athletic events. This pass shall admit the em-ployee and one (1) guest. Family athletics passes are available for purchase through the District Athletic Offi ce.

14. SUMMER EMPLOYMENT

The District recognizes that, in order to provide a quality educational program, certain positions may require additional contract days for staff personnel. Staff members who work additional contract days will be paid on a stipend basis depen-dent on the nature of the task(s). The District shall advise the staff member(s) of the task(s), the goals and objectives of such task(s), and the stipend(s). The District may fi rst offer these stipends to the individuals to whom such task(s) are most relevant. If an individual chooses not to accept such assignment, the District may, if warranted, post the position.

15. EARLY RELEASE FOR GRADING

All students will be released early on the last day of the fi rst (1st) and third (3rd) grading periods in order to provide teach-ers time to complete student records and reports to parents. It is recognized by the district that this release time is to allow teachers to calculate and record student grades. Administrators will not schedule meetings during this release time unless the teacher is not responsible for grades.

The amount of this release time will be not longer than one hundred eighty (180) minutes, and also will be of such duration so as to comply with statutory provisions for the student attendance count to be equivalent to a full ADM day.

16. CALENDAR COMMITTEE

The Superintendent or his/her designee shall annually meet with the president of the Gilbert Education Association to determine the process used to recommend the school calendar(s) to the Governing Board.

17. GRIEVANCE REGULATIONS

The following terms will be used within these procedures, using the accompanying defi nitions:

• A grievance is any claim by any employee or any group of employees that an administrator(s) or supervisor(s) has violated, misinterpreted, or misapplied a Board policy or an administrative regulation.

• The aggrieved person(s) shall mean the employee or group of employees making the claim.

• The offender(s) shall mean the person or group of persons against whom the claim is made.

Guidelines:

• A grievance shall not apply to any matter to which a method of review is prescribed by law or by any rule or regulation of the Arizona State Board of Education or the Superintendent of Public Instruction that has the force and effect or law, or by any policy of the Arizona State Board of Education; nor shall it apply to any matter in which the Governing Board is without authority to act.

• The Associate Superintendent for personnel shall be liaison for the Superintendent and the Board in all matters affecting interpretation of employee contracts, grievances, or complaints.

• Grievance proceedings shall be kept as informal and confi dential as may be appropriate at any level of the grievance procedure.

• All documents, communications, and records dealing with the processing of a grievance shall be permanently fi led in the personnel offi ce.

• Any aggrieved person shall continue to follow Board policy and administrative direction during the processing of a grievance, regardless of the status of the grievance, until such grievance is properly completed.

• All grievance meetings, at the administrative level, shall be conducted in private, as opposed to a public meet-ing, and shall include only such parties as heretofore referred to in this grievance procedure.

• Nothing contained herein shall be construed as limiting the right of any teacher, administrator, or other em-ployee having a complaint to discuss the matter informally with the appropriate person or persons and having the complaint adjusted without use of the grievance procedure.

• It is important that grievances be processed as rapidly as possible. The number of days indicated at each level shall be considered as a maximum. Every effort shall be made to expedite the process. The time limits specifi ed may, however, be extended by mutual agreement of the parties concerned.

• All time limits consist of working days, except that when a grievance is submitted less than ten days before the close of the current school term, it will be processed as soon thereafter as possible.

• School days, for the purpose of the grievance procedure, shall mean days of scheduled school attendance for teachers.

• In cases of extenuating circumstances, any administrator may waive personal involvement in the grievance procedure.

Procedure for submitting a grievance:

• Each grievance to be processed through the formal grievance procedure shall be submitted in writing.

• Each grievance shall identify the aggrieved party, the provision(s) of these procedures, established Board policy, the memorandum of understanding, or administrative regulation(s) involved in the grievance; the time and the place where the alleged offense constituting the grievance occurred; a statement of the grievance; a statement of redress sought by the aggrieved party; and, if known, the identity of the person or persons responsible for causing the offense.

• A formal grievance shall be deemed waived and void unless it is submitted, in writing, within 15 working days of the date when the offense occurred.

• An aggrieved person shall submit a grievance to the building principal or the employeeʼs immediate supervi-sor.

• An aggrieved person may be accompanied by a District employee.

• Failure at any step in this procedure to communicate decisions, in writing, as called for on a grievance within the specifi ed time limits shall permit the grievance to proceed to the next step. Failure at any step to appeal a decision to the next step, in writing, within the specifi ed time limits shall be deemed to be acceptance of the decision rendered at that step and there shall be no further right of appeal.

Informal Procedure

An aggrieved person shall fi rst discuss, informally and privately, the potential grievance with the building principal or im-mediate supervisor, with the objective of resolving the matter informally and may be accompanied by a District employee. The grievance need not be written at the informal procedure level, but the discussion must take place within ten working days of the occurrence.

Formal Procedure

Level One:

• If the aggrieved person is not satisfi ed with the disposition of the grievance at the informal level, or if no decision has been rendered within fi ve working days after presentation of the grievance, the aggrieved person may submit the grievance, in writing, to the building principal or immediate supervisor.

• The building principal or immediate supervisor shall deliver a written decision within fi ve working days. If the aggrieved person is not satisfi ed with the response of the building principal or supervisor, or if no deci-sion has been rendered within fi ve working days, the aggrieved person may submit a copy of the grievance to the Assistant Superintendent for Human Resources or designee. This must be done within fi ve days after the decision of the building principal or supervisor.

Level Two:

• Upon receipt of the grievance, the Assistant Superintendent for Human Resources or designee shall confer with the aggrieved person and other persons with respect to the grievance in an effort to resolve the grievance.

• The Assistant Superintendent for Human Resources or designee shall deliver a written decision to the aggrieved person within fi ve working days after it is received.

• If the aggrieved person is not satisfi ed with the disposition of the grievance at Level Two, or if no decision has been rendered, the aggrieved person may submit an appeal of the grievance, in writing, to the Superintendent within fi ve working days after presenting it at Level Two.

Level Three:

• Upon receipt of the grievance, the Superintendent shall confer with the aggrieved person and other persons with respect to the grievance in an effort to resolve the grievance.

• The Superintendent shall deliver a written decision to the aggrieved person within fi ve working days after it is received.

• If the aggrieved person is not satisfi ed with the disposition at Level Three, or if no decision has been rendered within fi ve working days after presentation of the grievance, the aggrieved person may submit an appeal of the grievance, in writing, to the Governing Board. Such an appeal shall be fi led with the Superintendent not later than fi ve working days after notifi cation of the Superintendentʼs decision at Level Three.

Level Four:

• Upon receipt of the grievance and the recommendations of the Superintendent, the Governing Board shall review the grievance and confer with the aggrieved person and other persons within fi fteen working days.

• The Governing Board shall deliver a written decision to the aggrieved person within fi ve working days after it is reviewed by them.

• The decision rendered by the Governing Board shall be fi nal.

18. PROFESSIONAL STAFF ASSIGNMENTS AND TRANSFERS REDUCTION IN PROFESSIONAL STAFF WORK FORCE SUSPENSION AND DISMISSAL OF PROFESSIONAL STAFF MEMBERS

The following documents are contained in the Gilbert Unifi ed School District Governing Board Policy Manual: Profes-sional Staff Assignments and Transfers (GCI-R); Reduction in Professional Staff Work Force (GCPA-R); Suspension and Dismissal of Professional Staff Members (GCPD/GCPD-R). If it becomes necessary to modify the procedures stated in the documents or to develop a new procedure, both the teacher leadership (GEA) and administrative team will be notifi ed and a committee may be convened to develop revisions when necessary and agreed upon. A request for review may be initiated by either the teacher leadership or the administration. All revisions must be approved by the Governing Board.

19. MOBILE RELIEF SUBSTITUTE

Mobile relief substitutes used in the special education department will receive full benefi ts including travel reimbursement and be paid according to the following salary calculation formula:

Salary Calculation FormulaSalary Calculation Formula 20 days times the substitute salary plus the number of days in a teachers contract less 20 days times 80% of a beginning teachers daily rate.

Mobile relief substitutes employed prior to the 1998 - 1999 school calendar year are exempt from the above salary calcula-tion formula.

The employeeʼs application will be reviewed by the Sick Bank Committee for approval/disapproval, within ten (10) work-ing days of receipt of the application.

An employee must use all his/her accumulated leave including vacation and compensatory time before applying to the sick bank.

An employee who withdraws from the bank may contribute at his/her discretion to the bank with no limitations.

PayPay

An employee may draw from the sick bank until he/she is covered by:

• the District Short Term Disability Program. • the Long Term Disability Program. • disability benefi ts provided by no-fault insurance. • Social Security disability benefi ts. • rehabilitation income. • any salary, wages, commission or similar compensation payments. • loss of time benefi ts provided by any other insurance.

Catastrophic Illness/Accident Defi nedCatastrophic Illness/Accident Defi ned

A catastrophic illness/accident is defi ned as a sudden, unexpected illness/injury with disastrous consequences. Such con-sequences shall include, but not be limited to: terminal illness, inability to perform duties or loss of income. In addition, it will include loss of the ability to perform basic life functions, i.e., ability to feed oneself, ability to communicate, ability to perform activities of daily living or mobility in which it is projected the employee will be absent from the workplace a minimum of eleven (11) days. (Normal pregnancy and childbirth are not included.)

20. STAFF VOLUNTARY TRANSFER OF ACCRUED SICK LEAVE

The District recognizes that employees may face catastrophic illnesses/injuries that may exhaust their sick leave. To provide assistance to employees in these cases, the District shall establish a sick leave assistance program to which employees may voluntarily contribute sick days for use by other employees.

Contribution of Sick DaysContribution of Sick Days

Employees will be given the opportunity to contribute sick days to the bank after two (2) years of full-time employment. Initially, an employee may only contribute to the bank if he/she has more than ten (10) days in his/her own account.

The bank shall initially be established by requesting a one day contribution from all employees. If at any point the bank has less than ninety (90) days, the District shall request additional donations to the bank of one (1) day. Employees must contribute each time donations are requested to remain an active member of the bank. The District shall annually, during the last week of October and fi rst week of November, accept sick day contributions from new members to become eligible for the sick bank.

It is understood that once these days are contributed they shall not be returned to the employee and shall become the pos-session of the sick bank.

Withdrawal of Sick Bank DaysWithdrawal of Sick Bank Days

A full-time employee may request days from the sick bank for catastrophic illness/accident to himself/herself or a member of his/her immediate family. This illness/accident must be verifi ed by a medical doctor.

In order to qualify, the employee:

• must have been employed by the District full-time for two (2) full years. • must be a sick leave bank contributor.

The use of the sick leave bank for a member of the immediate family shall be the same as defi ned above. The necessity for the employee to be absent from work shall be for the purpose of care-giving to the immediate family member as verifi ed by a doctor.

Immediate FamilyImmediate Family

The immediate family of an employee is defi ned as spouse, children, adopted children, parents of the employee, brother, sister or any other blood relatives who have lived with and been dependent on the employee for the previous twelve (12) continuous months.

Committee CompositionCommittee Composition

• Assistant Superintendent for Human Resources or designee, who shall chair the committee but have no voting rights.• Two (2) certifi ed employees appointed by the Superintendent from a list of ten (10) names recommended by GEA.• Two (2) classifi ed employees appointed by the Superintendent from a list of ten (10) names recommended by GSCP.• One (1) administrator appointed by the Superintendent.

All decisions of the committee shall be fi nal.

21. TEACHER SERVICE REEMPLOYMENT

Staff members who resign with more than fi ve (5) years service to the district and are re employed within three (3) years after that resignation shall be reemployed at the step on which they left. Teachers shall not lose any right to any other benefi ts provided by law or the rules and regulations of the governing board on their return to the school district.

22. HEAD COACHING RELEASE PERIODS

The following programs shall be asterisked in the Memorandum of Understanding, and the following statement placed at the bottom of the salary schedule:

• *High School Football • *High School Baseball • *High School Basketball (2) • *High School Softball • *High School Track (2) • *High School Wrestling • *High School Soccer (2) • *High School Tennis (2) • *High School Volleyball (2) • *High School Badminton • *High School Golf (2) • *High School Swimming (2) • *High School Cross Country (2) • *High School Spirit Squad • *High School Chess Coach (receives only if class does not make)

The asterisked programs may receive a supplemental addenda of $600 per program where there are off-season responsibili-ties between July 1 and June 30. In order to obtain this stipend, the program must be involved in a minimum of sixty (60) hours of practices and provide a minimum of one (1) competitive opportunity for the team. The coach(es) in charge of the program, shall meet with the site Athletic Director before the last day of the preceding school year and outline his/her off-season activities. Before the fi rst day of classes of the next school year, the coach will submit a log of his/her off-season practices, competition opportunities and a roster of the students who where involved. The site Athletic Director shall review this log and based on this log, approve or disapprove the stipend.

It is understood that coaches shall not be reimbursed in any other way for logged activities, e.g., camps, swimming lessons, etc. Programs whose head coaches are presently receiving a release period shall not qualify for this supplemental addenda.

The following positions shall continue to receive a release period for head coaching responsibilities as long as the incumbent remains in that position:

Gilbert High School • Head Baseball Coach • Head Boyʼs Track Coach • Head Girlʼs Track Coach • Head Cross Country Coach • Chess Coach • Head Girlʼs Softball • Head Boyʼs Volleyball

Highland High School • Head Girlʼs Basketball • Head Girlʼs Softball • Head Boyʼs Wrestling • Head Boyʼs Baseball • Head Boyʼs Football • Head Badminton (To Receive $1,000)

Their successors shall not receive the release period.

23. NATIONAL BOARD CERTIFIED TEACHERS

The District recognizes that certifi ed staff completing National Board Certifi cation requirements meet high standards of professionalism that is valuable to the district.

To encourage and recognize these individuals, the District provides the following support and remuneration:

Qualifi cationsQualifi cationsIndividuals being supported by the District must have completed three (3) years of successful teaching experience in Gilbert.

ProgramProgramThe District will support ten (10) teachers per year in the following manner:

1. The District will pay up to 1/2 of the fee, not funded by grants, to a maximum of $750. per individual. The maximum budget for these reimbursements per year shall be $3,750. If more than fi ve (5) teachers apply before July 1, the reimbursement will be distributed among all applicants.

2. The enrolled teachers shall: a. receive an additional fi ve (5) professional release days to complete the program; and b. be released from all extra duties.

Program CompensationProgram CompensationTeachers completing all requirements, the written assessment, and who do not receive National Board Certifi cation will be reimbursed a one time Completion Bonus of $1,500. after submitting a certifi cate of test completion to the Human Resources offi ce.

When a teacher receives the National Board Certifi cation, he/she will receive supplemental pay for each year for the life of the certifi cate. This pay shall be $3,000. the fi rst year and be increased by $100. for each year of the certifi cate. The completion bonus shall be included as part of the fi rst year payment.

24. PAY FOR PERFORMANCE PLAN (Revised 4/22/04)

INTRODUCTION

This Pay for Performance Plan, developed by the District Oversight Committee (DOC) in collaboration with the District Interest Based Bargaining Team (IBBT), representing administrators, teachers, and the Gilbert Education Association (GEA), describes how Classroom Site Funds Category C Performance Pay monies will be distributed. See Appendix I attached for more details on the breakdown of Classroom Site Funds (Prop. 301).

OVERVIEW

The Pay For Performance Plan consists of three components: a Knowledge and Skills Program, an Academic Goal Ac-tion Plan, and Measurement Indicator of Academic Success:

KNOWLEDGE & SKILLS ACADEMIC GOAL PROGRAM ACTION PLAN SCHOOL/SITE GOAL INDICATOR OF ACADEMIC SUCCESS (“MEASUREMENT”)

COMMITTEES:

The following two committees will oversee the development and administration of the Pay for Performance Plan.

1. District Oversight Committee (“DOC”)District Oversight Committee (“DOC”)

The Gilbert Public Schools DOC consists of administrators, certifi ed teachers and a Governing Board member. Their duty is to review and approve “Site Goals”. They are also responsible for the continued development of the Pay for Performance Plan.

The committee will be composed of:

• One Assistant Superintendent who will chair the committee• Two elementary school teachers• Two junior high school teachers• Two high school teachers• Three building level administrators: one each from the elementary, junior high and senior high level• One district curriculum supervisor• One governing board member

Advisory non-voting members:

• One assessment coordinator• The IBBT Administrative Liaison• The GEA President

This committee is appointed by the Superintendent of Schools. Certifi ed teachers are appointed to the committee from a list of names submitted by GEA to include at least three names for each opening on the committee. Members serve three year staggered terms.

Each certifi ed teacher member of DOC receives a stipend of $3,503$3,503.

NOTE: All stipends and money fi gures contained in this document are estimates only. Final fi gures will be calculated when projections of sales tax revenues are released by the Department of Revenue.

KNOWLEDGE & SKILLS ACADEMIC GOAL PROGRAM ACTION PLAN SCHOOL/SITE GOAL INDICATOR OF ACADEMIC SUCCESS (“MEASUREMENT”)

KNOWLEDGE & SKILLS ACADEMIC GOAL PROGRAM ACTION PLAN

2. School Improvement Committee (“SIC”)School Improvement Committee (“SIC”)

SIC consists of the administrator and certifi ed teachers representative of each grade level/department at the school. SIC is appointed by the school administrator, in consultation with the president of the GEA.

Compensation for members of SIC is determined as follows:

A. Each elementary school receives eight stipends of $500 each. B. Each junior high school receives nine stipends of $500 each. C. Each high school receives seventeen stipends of $500 each.

In addition, each school receives $10 for each full time equivalent (FTE) member eligible certifi ed teacher as of September September 30. This money may be used to increase the number of members on the committee, or divided equally among the members of the committee.

SCHOOL ACADEMIC GOAL:

The Academic Goal is designed to improve student learning in one of the core subject areas (reading, writing, or math). Each school, through the SIC, sets an academic goal in one of the core subject areas to improve student learning. This goal is developed using a collaborative model and ratifi ed by 75% by the school certifi ed staff. After ratifi cation, this goal is forwarded to DOC for review and fi nal approval.

Academic Action Plan (“Action Plan”)Academic Action Plan (“Action Plan”):

• Certifi ed teachers develop an Action Plan. The instructional activities that the certifi ed teachers imple-ment in the Action Plan must support the school goal and target student achievement.

• The proposed Action Plan is submitted to the SIC for review and approval. At the time certifi ed teachers submit their proposed Action Plan, they must also identify the documentation that could be provided for evidence of completion of the activities and identify a classroom assessment that will be used to assess student achievement following completion of the Action Plan.

• When the activities have been completed, the certifi ed teacher provides an Evaluative Refl ection on the Action Plan and signs a verifi cation stating that it has been completed and documentation can be provided upon request.

• The Action Plan Evaluative Refl ection section is split into four subsections to require: the strengths and weaknesses of the plan, discussion on the results from a teacher assessment of student achievement fol-lowing the Action Plan, indications of the follow up or reteaching necessary after the assessment, and an indication of the learning acquired from Knowledge and Skills classes incorporated into the Action Plan (if the Knowledge and Skills component was completed).

After approval and completion of the activities, the certifi ed teacher submits evidence to the SIC documenting comple-tion. The SIC may return an Action Plan for revision before fi nal approval. After approval by the SIC that these activities were successfully completed, requests for the individual certifi ed teacher’s performance pay are forwarded to the Payroll Department.

Each certifi ed teacher successfully completing this Academic Action Plan receives a projected stipend of $930.00.

SPECIAL NOTE1. The certifi ed teacher's Action Plan, under this program replaces the Professional Growth Plan presently required

in the District evaluation instrument. If a certifi ed teacher decides to opt out of Pay for Performance, he/she must still work towards the school goal and revert back to the original Teacher Professional Development Plan.

2. Completion of the Action Plan is necessary for receipt of Measurement funds.


3. Certifi ed teachers may complete the Action Plan but not participate in Knowledge and Skills hours if they wish.

KNOWLEDGE AND SKILLS PROGRAM

The SIC, in collaboration with certifi ed teachers, develops a Knowledge and Skills Proposal, which includes a description of the program. It must follow a criteria/rubric that supports the Academic Goal. The DOC must approve each school’s Knowledge and Skills Program. As a means of guidance for their staff, a school may provide a list/menu of classes for the teachers’ use. Certifi ed teachers may submit requests to add additional conferences, workshops, on-line training, and classes that support the Academic Goal, and these classes must meet the specifi c criteria/rubric developed by the SIC. Ap-proval by the SIC is required.

The Program, which serves the diverse needs of the certifi ed teachers, identifi es courses, workshops, seminars, conferences, on-line training, video courses with a facilitator, college credit courses, and staff development classes, which support the Academic Goal.

Teachers are able to elect to use fi ve of their knowledge and skills hours for collaborative grading or collaborative curriculum work. To participate in these hours teachers need to follow specifi c guidelines and submit a request and proposal for the work to the SIC Committee and Educational Services. (A packet with details is available for teachers and SIC members.)

Certifi ed teachers may teach classes or workshops for Pay for Performance Knowledge and Skills hours if ap-proved by SIC as part of the Knowledge and Skills Program. However, only the hours for the fi rst time the class is taught can be used, and normal staff development payment is made for subsequent hours.

If a certifi ed teacher is to receive credit for hours for the Knowledge and Skills Program, the certifi ed teacher must be involved in a an activity that provides growth and learning to the teacher. An activity that takes place to provide learning for a student does not provide Pay for Performance credit. Activities such as planning, indepen-dent study, or chaperoning student fi eld trips/conferences cannot be part of the Knowledge and Skills Program. Meetings or discussions cannot be part of the program unless they are structured under the collaborative grading and collaborative curriculum work outlined above.

After completion of the program, the SIC forwards a list of successful participants to the Payroll Department of pay. Each program consists of a minimum of 15 hours. These Knowledge and Skills hours, approved by the SIC, may take place during the teacher contract hours or they may be outside of contract hours. Certifi ed teachers must complete all 15 hours to receive the stipend, unless they are part time teachers as specifi ed below in Clarifi cations and Defi nitions #6 and #7. Documents of Knowledge and Skills hours must be provided to the SIC prior to approval and payment of the stipend.

Each certifi ed teacher successfully completing the Knowledge and Skills Program receives a projected stipend of $620.00.

SPECIAL NOTE:

1. Certifi ed staff will not be granted professional growth credit for Knowledge and Skills hours.

2. Completion of Knowledge and Skills hours is not necessary for receipt of the Measurement funds outlined be-low.

3. Certifi ed Staff may participate in Knowledge and Skills hours and not complete the Action Plan, or they may com-plete the Action Plan and not participate in Knowledge and Skills. However, the Action Plan must be completed to be eligible for the Measurement funds outlined below.


MEASUREMENT:

The third portion of the Category C Performance Pay funds is allocated based on a performance indicator of school aca-demic success (Measurement). The indicator to be used for the Measurement will be the Achievement Profi les reported by Arizona State’s Accountability Program, Arizona Learns (“AZLearns”) Achievement Profi les.

Certifi ed teachers receive the Measurement funds following the success of their school on any oneany one of three Performance Indicators listed below:

• The school will maintain or increase the AZLearns Achievement Profi le as compared with the previous year.• The school will maintain or increase the subject (in the area of the academic goal) AZLearns total points as com-

pared with the previous year.• The school will maintain or increase the school AZLearns total points as compared with the previous year.

NOTE: If any one of the above three Performance Indicators is met, the school is successful.

However, in the event a school had an Excelling Achievement Profi le, but drops to Highly Performing, it is still considered to be successful, and teachers receive the Measurement funds.

Each certifi ed teacher at a school successfully meeting any one of the Measurement Performance Indicators receives a projected stipend to a maximum of $390.00.

SPECIAL NOTE: If they wish, certifi ed teachers may participate in the Knowledge and Skills hours and not com-plete the Action Plan, or they may complete the Action Plan and not participate in the Knowledge and Skills hours. However, participation in the Action Plan will be necessary for payment of the Measurement funds.

Measurement and New Schools

Teachers at a new school in its fi rst year of operation receive their fi rst year Measurement funds if they participate in sixteen hours of off contract hours with the principal to analyze the school’s fi rst year test data, identify curriculum areas for focus, and develop their second year school Academic Goal. These hours must take place after the fi rst year test data is available and must be completed by October 15th, when school Academic Goals are due. New teachers starting at the school at the beginning of the second school year are not eligible for the fi rst year measurement performance pay, but new teachers who participate are eligible for staff development hours, but not Pi hours. The principal will develop the workshops in collabo-ration with district curriculum and assessment staff.

At the end of the second year, new schools are assessed on their standardized test scores. For certifi ed teachers to receive the Measurement performance pay, the school must be successful on any oneany one of the three following New School Perfor-mance Indicators:

The mean percent of students passing the AIMS test for all grade levels in all three academic subjects is at or above the previous year’s level.

The mean percent of students passing the AIMS test at each grade level in the subject of the school’s Academic Goal is at or above the previous year’s level.

If an elementary or junior high school, the mean percent of students who made one year’s growth on the State NRT in reading and math is at or above the district average.

If a high school, the mean percentile on the state norm referenced test is at or above the previous year’s level in the subject of the academic goal.

At the end of the third year, schools receive their AZLearns Achievement Profi le under the current plan, but since there will be no previous year with which to compare AZLearns data, schools will receive Measurement funds if they are at the Performing, Highly Performing, or Excelling Achievement Profi le level.

At the end of the fourth year, schools receive their Measurement funds based upon the three Performance Indicators set out above for established schools.


Established schools, who have not received an AZLearns Achievement Profi le in the past due to being small or an alternative school and receive one for the fi rst time, will receive Measurement funds if they are at the Performing, Highly Performing, or Excelling Achievement Profi le level. If such schools continue to not receive a Profi le, they will be assessed as second year schools as set out above.

MEASUREMENT APPEALS:

1. Appeal CategoriesAppeal Categories:

If a school does not meet at least one of the three Performance Indicators listed in the Measurement section, but the SIC believes that the teachers are eligible to receive Measurement performance pay, they may appeal to the Appeals Committee on the basis of one of the three following categories:

• Statistical — evidence of incorrect statistical/numerical data or calculations used for the AZLearns Achievement Profi le.

• Substantive — evidence of substantive problems associated with the AZLearns data causing the school AZLearns Achievement Profi le to inaccurately refl ect the growth in student achievement at the school.

• Circumstantial — evidence of unavoidable situations at the school that resulted in the school being unable to meet the required growth in student achievement.

2. The Appeal CommitteeThe Appeal Committee:

The Appeals Committee consists of the DOC members, with the exception of the three advisory members. The Assess-ment Coordinator acts as a liaison between the school and DOC while supporting the school with the appeal. The DOC Chairman chairs the Appeals Committee, but is a non-voting member. A quorum consists of nine out of the eleven voting DOC members on the Appeals Committee. The Appeals Committee has the fi nal decision. If a DOC member is a faculty member at a school that is requesting an Appeal, the member will excuse his or herself from the Appeals Committee.

3. Appeal Time lineAppeal Time line:

Appeals must be made to DOC within 60 calendar days of receipt of fi nal AZLearns Achievement Profi les. In the event an appeal is made by GPS to the Department of Education, it is understood that this 60-day period commences after receipt of the Department of Education’s decision on the District appeal.

The Appeals Committee meets to hear the Appeal within 10 working days of receipt of the full appeal documentation. A decision on the Appeal is made at the meeting or, if needed, a second meeting may take place within 5 working days and the decision will be made at that meeting.

4. Appeal ProcessAppeal Process:

A school notifi es the Assessment Coordinator of their intention to appeal. The SIC and the Assessment Coordinator meet to discuss the process and content of the appeal. School members, with the assistance of the Assessment Coordinator, complete an Application for Appeal. Supporting evidence, data, and documentation are gathered and added to the Appeal Application. The Appeal Application is sent to the DOC Chairman who notifi es the school and DOC members of the date and location for an Appeal Hearing.

The school appoints the spokesperson who presents the school’s case to the Appeals Committee. The presentation may last no more than 30 minutes. The Appeals Committee may ask questions for clarifi cation for a maximum of 15 minutes and votes on the Appeal after school members have left the meeting. The fi nal decision is based upon a simple majority vote.

Further details of the Appeal Process are contained in the PFP Appeals Guidelines, which is provided to all schools.


5. Joint School AppealJoint School Appeal:

If future adjustments to the AZLearns Achievement Profi le formula result in lower AZLearns Achievement Profi les (with not time to change the PFP Plan) and cause a number of schools to not meet one of the Measurement Performance Indicators, the Assessment Coordinator, in conjunction with the SIC, will provide equivalency data to identify all the schools that have made appropriate student achievement progress, and will submit the Appeal that the teachers at all the schools identifi ed should receive Measurement performance pay.

DISTRIBUTION OF PERFORMANCE PAY MONEY:

Category C Pay for Performance monies will be distributed to certifi ed teachers as outlined below:

1. Academic Goal/Action Plan:

Verifi cation of completion of this goal is submitted to the Payroll Department between April 1 and April 30 and is distributed to certifi ed teachers on three consecutive subsequent pays no later than the second pay of June.

2. Knowledge and Skills Program:Knowledge and Skills Program:

Verifi cation of completion of the Knowledge and Skills Program is submitted to the Payroll department after completion. Funds for verifi cations submitted on or before November 15 is distributed to teachers on or before January 30. All veri-fi cations must be submitted to the Payroll department by April 30 and funds are distributed to certifi ed teachers on three consecutive pays no later than the second pay of June.

3. Measurement:

Depending upon availability of funds and with the priority that the dollar amount for Action Plan and Knowledge and Skills does not decrease from the current level, it is anticipated that up to $390 per certifi ed teacher will be allocated to the Measurement component of the plan.

The fi rst priority will be that the Knowledge and Skills and Action Plan funds should not be less than the 2002/2003 dollar level. (Action Plan - $930 and Knowledge and Skills - $620)

If at least $390 additional funds are not available, the funds for measurement are reduced and not the dollar amount for the Knowledge and Skills and the Action Plan.

Measurement funds are distributed after AZLearns Achievement Profi les have been announced, typically in October, and after the Appeals Committee decision, in the event of a successful Appeal.

• Certifi ed teachers who transfer to a different school within the district remain eligible for measurement funds contingent on the success of the school they were members of during the measurement year.

• Certifi ed teachers who leave the district at the end of the measurement year for any reason other than retire-ment are not eligible for measurement funds.

4. Additional Funds:

At the conclusion of the fi scal year, the District reviews the pool of money not expended from the resources provided for the Pay for Performance Plan. If suffi cient funds exist to provide each returning/retiring certifi ed teacher for the next aca-demic year successfully completing goals, an additional stipend (“Bonus”) of $100 or more, such Bonus is distributed by January 1 of the next academic year. If less than $100 per successful participant is available, said monies are carried over to the next year’s pool.

• Teachers must complete both the Knowledge & Skills hours and the Action Plan, participate at a school which earns the measurement money, and return to the school district the following year (or retire) in order to receive any Bonus funds discussed above.


Page 42 calculated when projections of sales tax revenues are released by the Department of Revenue.

Page 42 calculated when projections of sales tax revenues are released by the Department of Revenue.

PROCEDURES AND DEADLINES:

1. The Pay for Performance Plan will be submitted for Board approval at the second Board Meeting in April each year.

2. Academic Goals and the Knowledge and Skills Programs may be submitted to DOC for approval any time between the date the Pay for Performance Plan has been approved by the Board and October 15.

3. The DOC may return a school’s Academic Goal and Knowledge and Skills Program for revision before fi nal ap-proval.

4. Certifi ed teachers must submit the fi rst section of the Action Plan (Page 1) to the SIC for approval on or prior to November 15th.

5. Teachers may submit for approval Knowledge and Skills hours taken at any time after, but not prior to, the Board approval of the Pay for Performance Plan at the second Board Meeting in April.

6. Teachers who have completed all of their Knowledge and Skills hours prior to November 15th may submit their documentation to SIC for approval. If received by Human Resources prior to November 15th payment will be made in the next three paychecks.

7. Completion of the Action Plan and Knowledge and Skills hours must be submitted to the SIC for approval prior to April 15th.

8. SIC must submit the list of teachers who have completed their PFP requirements to Human Resources prior to the April 30th deadline.

CLARIFICATIONS AND DEFINITIONS:

1. A certifi ed teacher participating in the Pay for Performance Plan is defi ned as any employee who holds a teaching certifi cate issued by the Arizona Department of Education, who is paid from the certifi ed salary schedule, and whose duties involve ongoing instructional or counseling contact with students.

2. Traveling certifi ed teachers, and other eligible certifi ed teachers who are not connected to a specifi c school, will participate in the program at school as designated by the Assistant Superintendent of Administrative Services.

3. Full time, new, certifi ed teachers beginning after the start of the school year, but on or prior to the fi rst day of the second quarter, are eligible to participate in the Action Plan. Certifi ed teachers employed after this date may not participate in the Action Plan.

4. Full time, new, certifi ed teachers who start any time after the beginning of the year may submit a prorated number of Knowledge and Skills hours and receive a prorated portion of the funds, depending upon their months or hours of employment, or, if they wish, they may complete and receive payment for the total 15 hours. Full time, new, certifi ed teachers who start any time after the beginning of the year are eligible for measurement funds based on a prorated basis, depending upon their months or hours of employment.

5. Part time certifi ed teachers who start at the beginning of the school year, or after the start of the school year but on or prior to the fi rst day of the second quarter, are eligible to participate in the Action Plan, Part time certi-fi ed teachers employed after the fi rst day of the second quarter may not participate in the Action Plan. Part time employees will receive payment for the Action Plan and Measurement on a prorated basis, depending upon their hours worked.

6. Part time certifi ed teachers who start at the beginning of the school year or after may submit a prorated number of Knowledge and Skills hours and receive a prorated portion of the funds, depending upon their months or hours of employment, or, if they wish, they may complete and receive payment for the total 15 hours.


7. If long term, substitute, certifi ed teachers begin on or prior to the fi rst day of the second quarter, and are em-ployed until the end of the year, they are also eligible to take part in the Academic Goal Action Plan and Knowl-edge & Skills hours as stated in 4 and 5 above.

8. A certifi ed teacher whose contract is terminated by the Governing Board will not receive Pay for Performance monies for that year. In the event these monies have been paid, the district may deduct these monies from the employee’s fi nal paycheck or the teacher will refund these monies to the district.

9. A certifi ed teacher whose contract is not renewed by the Governing Board will not receive measurement funds.


APPENDIX I

CLASSROOM SITE FUNDS (PROPOSITION 301)CLASSROOM SITE FUNDS (PROPOSITION 301):

Proposition 301 was passed by the voters of Arizona in the fall of 2000 to further fund education through an increase in the state sales tax effective July 1, 2001. This initiative provided additional funding to schools in three separate categories.

Category A – Teacher Compensation

20% These monies are to be added to teachers’ salary schedules. The distribution of these monies on the salary schedule will be considered as a part of the Meet and Confer process.

Category B – Menu Items

40% These monies are overseen by the Governing Board to be distributed either district-wide or at individual sites. The money may be allocated with princi-pal input for the following items:

Class Size Reduction Teacher Compensation AIMS Intervention Teacher Development Dropout Prevention Teacher Liability

As a result of input received from principals, it was recommended to the Governing Board that a signifi cant portion of Category B dollars continue to be used for teacher compensation.

Category C – Performance Pay for Teachers

40% These monies are to be expended through a collaboratively designed and developed performance based pay plan.

The monies from Categories A and B built into the salary schedule are distributed to employees as a part of their regular paycheck be-ginning August 2001. Monies from Category C will be distributed to certifi ed teachers as outlined in this Pay for Performance Plan.

NOTE: All stipends and money fi gures contained in this document are estimates only. Final fi gures will be calculated when projections of sales tax revenues are released by the Department of Revenue.NOTE: All stipends and money fi gures contained in this document are estimates only. Final fi gures will be

25. RETIREMENT/RETURN TO WORK BENEFIT (Revised 4/01/04)

The Governing Board and the Gilbert Education Association (GEA) recognizes the value that long term staff members provide to the school district. In an effort to recognize these contributions to the district, the following policy is adopted allowing teachers to return to work after retirement:

Retirees who meet qualifying standards, as outlined below, may return to work and continue to draw benefi ts from the Arizona State Retirement System. These individuals will only be able to work within the limitation of the Arizona State Retirement System guidelines which are:

A. They may work part time for the entire year at fewer than twenty (20) hours per week;

B. They may work full time for up to nineteen (19) weeks; or

C. They may work full time for up to nineteen (19) weeks, and may also work the remainder of the year at fewer than twenty (20) hours per week.

Part time positions for secondary teachers are 2 - 3 periods per day. Elementary teachers may job share, teach part time kindergarten, part time ALP, etc.

Qualifi cationsQualifi cationsIndividuals applying to the program must have at least eighty (80) points [age plus years of service] and a minimum of twenty (20) years service to the district.

Application for this ProgramApplication for this ProgramIndividuals wishing to apply to the program must submit a letter of retirement on or before January 1. They should also include a letter of interest specifying their desire to participate in this program, their qualifi cations, and include a current résumé. They will be interviewed for appropriate positions with fi nal approval by the Assistant Superintendent for Hu-man Resources or designee and the Governing Board. The District shall make every attempt to notify employees of their selection of participants in this program on or before July 1.

Sick Leave Buy BackSick Leave Buy BackThe District will buy back these retirees ̓sick leave pursuant to the present policy as outlined in the Memorandum of Un-derstanding.

Insurance CoverageInsurance CoverageRetirees participating in this program may purchase their insurance coverage through COBRA, the Arizona State Retire-ment System, or an individual plan.

Sick LeaveIndividuals selected to participate in this program shall earn sick leave on a pro rata basis during their continued employment. They shall be allowed to accumulate up to a maximum of twenty (20) days of sick leave. Employees entering this program may also choose to carry over days from their regular employment sick leave to supplement these days up to ten percent, to a maximum of ten (10) days, of their accumulated days. When days are used, they may be earned back as long as the employee does not exceed the twenty (20) day limit. These days will not be eligible for buy back from the District at any time. The Assistant Superintendent or designee shall be able to advance days to an employee in extenuating circumstances.Employees will be deducted the cost of a substitute from their salary for each day missed.

Personal LeaveRetirees participating in this program are not eligible for personal days.

Pay for Performance MoniesPay for Performance MoniesRetirees shall be eligible for Pay for Performance monies under the same criteria as outlined in the District Pay for Performance Plan.

Salary Schedule PlacementSalary Schedule PlacementSelected retirees will be paid on a per diem basis on step ten (10) of their present range. Those retirees with more than twenty (20) years service will receive an additional step on a one for two year service basis: i.e., an individual with twenty two (22) years of experience would be placed on step eleven (11); an individual with twenty six (26) years of experience would be placed on step thirteen (13).

Step AdvancementStep AdvancementRetirees working part time will receive a step advancement for each two (2) years of service.

DutiesRetirees selected to this program will be expected to attend faculty meetings, open house nights, and perform other duties required of teachers. In addition, these retirees will also perform another forty (40) hours of duties beyond their teaching contract: i.e.; mentoring new teachers, substituting, developing curriculum, etc.

Performance ReviewRetirees participating in this program will receive a performance review on an annual basis.

Retirees are advised that selection into this program is at the sole discretion of the district based on individual site needs, and that teachers will be selected through an interview process for available positions. Selection to participate in this program is granted on a year to year basis at the sole discretion of the district. Retirees must reapply each year. Retirees are also advised that present Arizona State Retirement System regulations allow them to participate in this program for one year, then return to full time teaching and continue to receive state retirement benefi ts.

26. PHASED RETIREMENT (Revised 8/05/04)

The Governing Board recognizes the value that long-term staff members provide to the school District. In an effort to rec-ognize these contributions to the District, the following policy is adopted allowing certifi ed employees to draw benefi ts from the Arizona State Retirement System and phase their retirement as an employee through a 3rd party contracted employer.

Employment by smartschoolsplus,inc.Employment by smartschoolsplus,inc.GPS has entered into a contract with a private 3rd party employer, smartschoolsplus,inc. who provides more senior and experienced staff eligible to retire from Arizona State Retirement System, to Gilbert Public Schools on an as needed basis. smartschoolsplus,inc. employees will be placed in the District in a position for which they are qualifi ed. smartschoolsplus, inc. shall be responsible for the smartschoolsplus employees ̓salary, benefi ts (e.g. sick days, performance pay) and direct supervision through the phased retirement placement. smartschoolsplus,inc. employees may be placed to a maximum of 3 years, but employed on a year to year basis. After the three (3) year period, an employee wishing to be re-employed by the District or smartschoolsplus,inc. must complete all requirements to become a part of the District applicant pool and complete the required interviewing process.

Qualifi cationsQualifi cationsIndividuals applying to this program must be eligible to retire from the Arizona State Retirement System, have at least eighty (80) points (age plus years of service), and have been employed by Gilbert Public Schools for a minimum of ten (10) years or at least 62 years of age and have been employed by the District for a minimum of ten (10) years.

Application for this ProgramApplication for this ProgramIndividuals wishing to apply to the phased retirement program must submit a letter of interest to the district on or before January 1 (June 30 for 2003).

Sick Leave/Personal Leave Buy BackSick Leave/Personal Leave Buy BackThe District will buy back these retirees ̓sick leave/personal leave pursuant to the present policy as outlined in the Memo-randum of Understanding. These days shall be bought back over a three (3) year period.

Sick LeaveIndividuals selected to participate in this program shall earn sick leave on a pro rata basis during their continued employ-ment. They shall be allowed to accumulate up to a maximum of twenty (20) days of sick leave. Employees entering this program may also choose to carry over days from their regular employment sick leave to supplement these days up to ten percent, to a maximum of ten (10) days, of their accumulated days. When days are used, they may be earned back as long as the employee does not exceed the twenty (20) day limit. These days will not be eligible for buy back from the District at any time. The Assistant Superintendent shall be able to advance days to an employee in extenuating circumstances. Employees will be deducted the cost of a substitute from their salary for each day missed.

Personal DaysPersonal DaysRetirees participating in the program are not eligible for personal days.

Insurance CoverageInsurance CoverageContracted employees participating in this program may purchase their insurance in the following manner: 1) they may continue their insurance coverage with GPS under the guidelines adopted by the Gilbert Employee Benefi t Trust; 2) they may purchase insurance through the Arizona State Retirement System plan; 3) they may purchase insurance throughsmartschoolsplus,inc.; 4) they may purchase insurance through COBRA; or 5) they may purchase an individual insurance plan.

DutiesContracted employees will be expected to adhere to District Policies and Procedures as outlined in the Memorandum of Understanding, attending faculty meetings, open house nights, and perform other duties required of regularly employed school district employees. In addition, contracted employees will also perform forty hours (40) of duties beyond their contract responsibilities: i.e., mentoring new teachers, substituting, developing curriculum, etc.

Salary Schedule PlacementSalary Schedule PlacementSelected employees will be paid a salary commensurate with their range and step of the ensuing year by smartschoolsplus, inc. This salary will remain constant for the term of employment with smartschoolsplus,inc.

Retirees who receive a satisfactory evaluation shall be eligible for continued employment with the District during this three (3) year period. Retirees are advised that selection into this program is at the sole discretion of the District based on individual site and staffi ng needs. smartschoolsplus,inc. phased retirement contracts are granted on a year-to-year basis.

27. SHARED CONTRACTS (Implemented 4/01/04)

The District and the Gilbert Education Association recognize the value of shared contracts to both employees and students. In the Districtʼs interest to retain quality staff, the following guidelines are the requirements for shared contract em-ployment.

Qualifi cationsQualifi cations• Partner teachers must have a minimum of three years experience, one of which is in the Gilbert School District.

• Partner teachers must be recommended by the building principal and approved by the Assistant Superintendent of Human Resources and the Superintendent.

• The building administrator must have worked with the partner teachers for a minimum of one year unless approved by the building administrator, Assistant Superintendent and Superintendent.

• The building administrator will ensure that there is at least one full time teacher at the grade level where a shared contract is to occur.

• Student placement into the shared contract classroom will be voluntary.

• The number of students in the shared contract classroom must meet the school average.

Criteria• Partner teachers will attend all preservice days as required by the district.

• Partner teachers will be expected to jointly attend parent/teacher conferences, inservices, collegial days, grade level activities, and faculty meetings (at site administratorʼs discretion).

• Partner teachers will be expected to establish adequate weekly common planning time to ensure student success.

• Partner teachers will both teach the fi rst two weeks of school if the shared contract is in grades 1, 2, or 3.

• Partner teachers will both teach the last week of the school year.

• Partner teachers will both teach the fi rst week of school if the shared contract is in grades 4, 5, or 6.

• Planning and coordination of the teaching schedule of the partner teachers will be developed in conjunction with the building administrator and approved by the building administrator.

Limitations• Partner teachers will earn .50 of their regular salary and receive .50 of accrued sick leave.

• No insurance benefi ts are provided for the partner teachers.

• Partner teachers will receive full movement on the salary schedule

If circumstances require one partner teacher to be removed from the shared contract, the remaining partner will be expected to assume full-time teaching responsibilities (with appropriate compensation and benefi ts.)

The District reserves the right to remove one or both partners if the District feels the educational and emotional needs of the students are not being met..

ApplicationApplicationIndividuals wishing to be employed under shared contract shall fi le a letter of intent with the building principal by the fi rst Friday in March. This letter shall include the following items:

• Name• Address• Telephone Number• Employment history with Gilbert Public Schools• Employment history outside Gilbert.• Partner (co-teacher) — Name/Address/Telephone Number• Reason for sharing contract• Proposed schedule: i.e., 1/2 days, share week, etc. . . .• Philosophy of shared contract• Things that are needed for success

The District shall make every attempt to approve or disapprove requests for shared contracts before the fi rst Friday of May.

MEMORANDUM OF UNDERSTANDING · provide for the Association any records of public domain upon...

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Transcript of MEMORANDUM OF UNDERSTANDING · provide for the Association any records of public domain upon...