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Basic Fairness [pdf]
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Contract AgreementAgreement and Partnership Between School District No. 1 in the City and County of Denver, State of Colorado And Denver Classroom Teachers Association
September 1, 2002 - August 31, 2005 (Amended October 2003) www.denver.k12.co.us www.denverclassroom.org
TABLE OF CONTENTS
STATEMENT OF BELIEFS AND FRAMEWORK FOR PARTNERSHIP 4 Article 1 - Definitions 6 Article 2 - General ...7 Article 3 - Covered Employees and Recognition ... .9 Article 4 - Effective Dates . .10 Article 5 - Collaborative Decision-Making . 11 Article 6 - Negotiating Procedure .18 Article 7 - Grievance Procedure ..20 Article 8 - Professional Standards .26 Article 9 - Central Office Teacher Files 32 Article 10 - Teacher EVALUATION ..34 Article 11 - COMPLAINTS AGAINST TEACHERS/CORRECTIVE ACTION/ Article 12 - Instructional Materials ... .44 ARTICLE 13 - aSSIGNMENTS, SCHEDULES AND TRANSFER ...45 Article 14 - Summer School and Evening School ..54 Article 15 - Teacher Facilities ..55 Article 16 - Personal Injury Benefits and Property Damage 57 Article 17 - Assaults .59 Article 18 - Student Discipline ..60 Article 19 - Personal Health Problems ..61 Article 20 - Reduction in Force 62 Article 21 - Short Leaves of Absence 64 Article 22 - Extended Leaves of Absence 66 Article 23 - Association Rights .67 Article 24 - JOINT ACTIVITIES .70 Article 25 - Job Sharing AND HALF TIME .71 Article 26 - Professional Behavior 72 Article 27 - Controversial Issues in the Classroom ..73 Article 28 - Substitute Teachers ..75 Article 29 - TASK FORCE ON SCHOOL AND DISTRICT CLIMATE .76 Article 30 - Insurance ...77 Article 31 - Salary ..80 article 32 - EXTRA DUTY COMPENSATION ..86 APPENDIX A - TASK FORCE ON SCHOOL AND DISTRICT CLIMATE 90 APPENDIX B - EXTENDED LEAVES OF ABSENCE .. .93 APPENDIX C - CDM COMMISSION .101 APPENDIX D - PAY FOR PERFORMANCE MEMORANDUM OF UNDERSTANDING .103 APPENDIX E - SB 98 MEMORANDUM OF UNDERSTANDING . .107
STATEMENT OF BELIEFS The Board and the Association share the belief that providing a high quality education for the children of Denver is the paramount objective of the District. Both parties affirm that the educational program should be sensitive to the needs and aspirations of children regardless of race, color, ethnic background, creed or economic status. This is reflected in the mission statements adopted by the Denver Classroom Teachers Association and the Denver Public Schools: The mission of the Denver Public Schools, the center of community learning, is to guarantee that our children and youth acquire knowledge, skills, and values to become self-sufficient citizens by providing personalized learning experiences for all students in innovative partnerships with all segments of the community. Community involvement is critical to the success of our schools. The goals of the District are established by the Board of Education with input from the community. Each school site will be required to form a Collaborative School Committee (CSC). The Denver Classroom Teachers Association is a professional organization of recognized educational leaders. We advocate for the rights and responsibilities of all educators, and for an ethical system of quality public education for all students. Quality teaching and high teacher morale promote positive learning environments for students. Attaining the educational goals of the Denver Public Schools requires mutual understanding and cooperation between the Board and the Association. To this end, good-faith negotiations between the Board and the Association with a free and open exchange of views are desirable. In negotiating this Agreement, the Board and the Association, with the concurrence of the Community, have three major goals for joint school reform efforts:
Greater success for all students as reflected in higher achievement. A significantly higher completion rate that moves the District toward its goal of graduating all students from the K-12 educational program. An improvement in the Community's level of confidence that the Denver Public Schools, as an institution, provides effective education for all students.
FRAMEWORK FOR PARTNERSHIP It is in the interest of both the District and the Association that the terms of the Agreement be understood and enforced. The Agreement between the District and the Association is typically referred to as the "teachers" contract. In some quarters, this reference implies that the Agreement is solely for the benefit of the teachers and minimizes the benefits that result to the District through the Agreement. Enforcement of and compliance with the Agreement is essential. However, both parties have a greater interest in developing a joint ownership and commitment in terms of both the letter and spirit of the Agreement. The Agreement will become essential to furthering the desired partnership between the District and the Association. The District and the Association recognize their collective responsibility to promote positive change in the Denver Public Schools in an effort to promote education reform to benefit all students and to ensure professional collaboration between the District and the Association. Following is a systemic framework for improving the enforcement of the Agreement while laying a foundation for joint ownership and a greater commitment to living under the terms of the Agreement.
Interest-Based Bargaining - Our use of Interest-Based Bargaining will contribute to the joint ownership, enforcement and commitment of the resulting Agreement. We are aware of our efforts and the environment that it is creating for a strong partnership relationship. We recommend utilizing an Interest-Based approach for problem solving and decision making in all areas of the District. The Agreement - The Agreement reflects the core beliefs and values of the District and the Association. It utilizes clear and unambiguous language to describe the procedures all teachers and administrators will follow. In doing so, we will improve our success in increased learning for all students and closing the achievement gap. Training - We recognize the need for regular training jointly with administrators and teachers in this Agreement. The training should focus not just on the rules, but also emphasize problem-solving skills and relationship building. Organizational Structure - Organizations in the District have an explicit role in supporting and promoting the enforcement of and commitment to the Agreement. The Board, and the Association governance bodies understand the importance of their roles, encouraging everyone in the District to respect the terms of the Agreement and use it as a tool to jointly resolve legitimate differences. Communications -A formal communications strategy will be developed to share and explain information about this Agreement.
STANDARDS FOR BEHAVIORS in our PARTNERSHIP In an effort to foster and support a greater commitment in terms of both the letter and spirit of the Agreement, the District and Association offer the following "Partnership" Guidelines. These guidelines suggest ways that will support positive change within Denver Public Schools in our efforts to resolve educational issues and to promote positive change to the benefit of all students. In addition, these guidelines offer additional techniques to ensure more effective collaborative problem solving between the District and the Association. It is important that we all make a concerted effort to utilize an "Interest-based" approach for problem solving and decision-making in all areas of the District. These guidelines can be applied at the District level, in the school building and in one on one situations. Our collective ability to successfully use this approach will contribute to and enhance a positive school and District climate. Practical Guidelines Use an interest-based approach to problem solving. Agree on what needs to be worked on. Jointly launch the initiative together. Take on issues honestly and openly - not based on who has the power Focus on an outcome(s) that will advance the educational goals of the District Have clear timelines and deliverables Respect the views of all parties and their right and responsibility to express these views Contribute the best you have to work on the problem Recognize you may see things from different perspectives Disagree without being disagreeable Recognize each others roles as a representative of another constituent group Jointly validate information received Gather necessary information before making a decision Gather expertise from both within and outside of the District Jointly communicate in an appropriate and timely manner Have an in-depth communications plan - communicate progress and final results Give the same answers together as partners Give each other a heads up - dont blindside Assume the best of the other party, not the worst Learn from your mistakes - Build in processes for evaluation and feedback Article 1 - Definitions 1-1 The term "community" as used in these Articles shall include parents and other Denver community members. 1-2 The term "teacher" as used in this Agreement shall mean all non-administrative teaching personnel, employed half-time or more, who are licensed by the Colorado Department of Education as teachers, including others who are authorized to teach by statute. 1-3 The term "Board" as used in these Articles shall mean the Board of District No. 1 in the City and County of Denver and State of Colorado. 1-4 The term "Association" as used in this Agreement shall mean the Denver Classroom Teachers Association. 1-5 The terms "School District," "District" and "Denver Public Schools" as used in these Articles shall mean District No. 1 in the City and County of Denver and State of Colorado. 1-6 The term "Superintendent" as used in these Articles shall mean the Superintendent of Schools of District No. 1 in the City and County of Denver and State of Colorado. The Superintendent is the Chief Executive Officer of the Board who administers the affairs and programs of the District as provided by law and Board policy. 1-7 The term "school year" as used in these Articles shall mean the officially adopted school calendar. 1-8 The term "principal" as used in these Articles shall include the head administrator of a school, as well as an administrative supervisor, where appropriate. 1-9 The term "school" as used in these Articles shall refer to each educational unit overseen by a principal or administrative supervisor.
Article 2 - General 2-1 The District and the Association agree to abide by and enforce the provisions of this Agreement in good faith. 2-2 The Board shall apply the provisions of this Agreement equally to all employees without discrimination on the basis of race, creed, color, national origin, sex, sexual orientation, marital status, age, and consistent with the provisions of the Americans with Disabilities Act, membership or official activities in any teacher organization or such other specified human or civil rights as may be protected by statute. 2-3 The District and the Association shall regularly conduct training with teachers and administrators to ensure the implementation and enforcement of the Agreement. 2-4 No change, rescission, alteration or modification of this Agreement in whole or in part shall be valid unless the same is ratified by both the Board and the Association. 2-4-1 Unless otherwise provided in this Agreement, requests for waivers from this Agreement shall be made by the Principal and the Association Representative to the Board of Education and the Association. 2-5 This Agreement shall be governed and construed according to the Constitution and Laws of the State of Colorado. If any provision of the Agreement or any application of this Agreement to any teacher covered hereby is found contrary to law, such provision or application shall have effect only to the extent permitted by law, but all other provisions or application of this Agreement shall continue in full force and effect. 2-6 In case of any direct conflict between the express provisions of this Agreement and any Board policy or writing not incorporated in this Agreement, the provisions of this Agreement shall control. 2-7 The parties recognize that the Board has the responsibility and authority to establish policies and regulations for the management of all the operations and activities of the District. All lawful rights and authority of the Board not modified by this Agreement are retained by the Board. 2-8 This Agreement constitutes District policy for the term of said Agreement and the Board and the Association will carry out the commitments contained herein and give them full force and effect. 2-9 The Association shall continue to admit persons to membership without discrimination on the basis of race, creed, color, national origin, sex, sexual orientation, marital status, age, handicapping condition, membership in any teacher organization or such other specified human or civil rights as may be protected by statue. 2-10 Teachers have the right to join, or refrain from joining, any lawful organization for their professional or economic improvement and for the advancement of public education. Membership of a teacher in or financial support for any organization shall not be required as a condition of employment with the District.
Article 3 - Covered Employees and Recognition 3-1 Employees covered by this Agreement include all teachers as defined in Article 1-2 and personnel who are employed half-time or more as nurses, social workers, therapists, psychologists, counselors, speech language instructors, educational audiologists and JROTC instructors, but excluding vocational teachers covered by the Vocational Teachers Federation Agreement and Type II Authorization Interns. 3-2 Pursuant to current Board resolutions granting recognition, the Board hereby reaffirms recognition of the Association and agrees that the Association shall continue as the exclusive representative of the employees specified in Article 3-1 until six months after the expiration of this Agreement and for such additional periods of time as its recognition may be extended under procedures approved by the Board. 3-3 All rights and privileges granted to the Association under the terms and provisions of this Agreement are for the exclusive use of the Association.
Article 4 - Effective Dates 4-1 Upon ratification, this Agreement shall be effective September 1, 2002, except for specific articles that have their own dates embedded in them and shall remain in full force and effect until August 31, 2005, except that Articles 30, 31 and 32 shall be subject to negotiation in 2003 and 2004. (Either party may request the opening of Article 8.) 4-2 This Agreement may be re-opened by mutual consent at any time. 4-3 After January 1, 2005, upon request by either party, the Board and the Association will negotiate as provided in Article 6. Such negotiations shall conclude no later than May 1, 2005, unless extended by mutual consent. If impasse is reached the parties shall use the vehicle for resolution as provided under Article 6-11. 4-4 After January 1, 2003, and January 1, 2004, upon request by either party, the Board and the Association will negotiate the limited re-openers described in Article 4-1 as provided in Article 6. Such negotiations shall conclude no later than May 1, 2003, and May 1, 2004, unless extended by mutual consent. If impasse is reached, the parties shall use the vehicle for resolution as provided under Article 6-11. 4-5 The Board and the Association shall mutually publish this Agreement and share the costs of providing all teachers and administrators with a copy. Teachers newly hired will receive a copy of the current Agreement upon hiring. 4-5-1 On the first business day of August and September the District shall provide to the Association a list of all new hires and transfers, including the name, current address, and phone number.
Article 5 - Open for use during the next negotiations session. Article 6 - Negotiating Procedure 6-1 Written requests for negotiations between the Board and the Association may be submitted on such matters concerning teachers' salaries, wages, hours and conditions of employment. All proposals relevant to these issues are subject to negotiation. Such requests will specify the subject matter to be considered. 6-2 A written response will be made within ten (10) school days of the receipt of any such written request. 6-3 Negotiations will be conducted at times and places mutually agreeable to the negotiators named by each party; provided, however that the first meeting shall be held within ten (10) school days of such written response. 6-4 The Board and the Association agree to accept and consider recommendations from the community when modifying this Agreement. 6-5 The parties to this Agreement recognize that the public has an interest in the negotiations and acknowledge a duty jointly to inform the public of the status and progress of negotiations. 6-6 During negotiations, the Board and the Association will present relevant data, exchange points of view, and make proposals and counter-proposals. Upon request of either party, the other will make available for inspection its records and data pertinent to the subject of negotiations. 6-7 As of the time they are made available to the Board, the Board will provide the Association with a Superintendent's proposed budget for the next fiscal year, as well as available preliminary budgetary information and proposals affecting teachers' salaries, wages, hours and conditions of employment. 6-8 If negotiations are scheduled during the school day, the negotiators shall be released from their regular duties with no loss of pay. 6-9 Either party may use the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations. 6-10 Tentative agreements reached as a result of such negotiations will be reduced to writing and will have conditional written approval of both parties pending final adoption of the District budget. After such adoption and approval, the final Agreement will be signed by the Board and Association and will become an addendum to this Agreement. If changes in this tentative Agreement are necessary as a result of a legal budget adoption process, the Agreement will be subject to negotiation. 6-11 Impasse Resolution/Mediation. 6-11-1 Either party may declare an impasse. Then a mediator shall be selected with the assistance of the American Arbitration Association according to the procedure of Article 7-3-4-2. 6-11-2 Any mediation efforts must be concluded by August 31 and will be conducted under rules determined by the mediator. 6-11-3 If mediation is unsuccessful and if both parties agree, the mediator may issue a written report to the parties explaining the matters still at issue. 6-11-4 The parties agree to share the cost of mediation equally. 6-12 Interim Negotiations. This provision is not intended to allow for changing the language or the intent of the existing Agreement outside of the normal bargaining cycle. From time to time, however, matters arise that the parties may need to address in a timely manner and when waiting until the next negotiations period is not practicable. Therefore, during the term of this Agreement and between regularly scheduled bargaining sessions, the parties may choose to engage in interim negotiations. 6-12-1 Such negotiations may be initiated by the Association with a request to the Superintendent or by the District with a request to the Association President. Following a discussion of the purpose of the requested negotiations, the Superintendent and Association President will decide if the matter will be addressed and what group of individuals will be given the responsibility for addressing the matter. There would be no commitment to a particular outcome. The matter could be referred to an existing body such as the Educational Initiatives Panel, the Agreement Review Committee (ARC) or the Instructional Issues Council or the Superintendent and Association President may agree to appoint a special committee to address the matter. 6-12-2 Generally, the matters to be addressed will be those substantive in nature and which impact the operation of the District and/or the operation of this Agreement. 6-12-3 If matters are related to the interpretation of the Agreement or matters on which the Agreement is silent, the results of work of the body to which the matter is referred will become a Memorandum of Agreement, subject to the approval of the Representative Council of the Association and the Superintendent. If approved, the Memorandum will be binding on both parties but will be reviewed at the next formal bargaining session. 6-12-4 Matters that change existing provisions of the Agreement will be referred to the membership of the Association and the Board for ratification. Article 7 - Grievance Procedure 7-1 Definitions. 7-1-1 A "grievance" shall mean a written complaint by a teacher, or teachers, in the negotiating unit that there has been a violation, a misinterpretation, or inequitable application of any of the provisions of this Agreement. 7-1-2 Unless provided otherwise in this Agreement, all administrative procedures, practices and written personnel policies which affect teachers are grievable, but only those covered by this Agreement may go to Level Three, upon the request of the Association. 7-1-3 The term "grievance" shall not apply to any matter as to which (1) the method of review is prescribed by law, (2) the Board is without authority to act or (3) a grievance is specifically prohibited or limited by the terms of this Agreement. As an example, the term "grievance" shall not apply to the dismissal of a non-probationary teacher, the review of which is prescribed by law. 7-1-4 An "aggrieved person" is a teacher or teachers asserting a grievance. 7-2 Purpose. Consistent with the principles of collaborative decision making, the purpose of this grievance procedure is to secure equitable solutions at the lowest possible administrative level to problems which may arise. To this end, grievance proceedings will be kept informal and confidential and both parties will work toward a resolution to avoid litigation. 7-3 Procedure. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level is a maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement. If a grievance is filed which might not be finally resolved at Level Three under the time limits set forth herein prior to the end of the school year, the time limits will be reduced so that the grievance procedure will be concluded prior to the end of the school year, or as soon thereafter as practicable. If a grievance is filed after May 14, by mutual agreement, the timelines may be shortened to assure that a Level Two decision is rendered prior to the last day of the teacher's school year. 7-3-1 Level One. A grievance first will be discussed with the aggrieved person's principal to attempt to resolve the matter informally, at which time the aggrieved person (1) may discuss the grievance personally, (2) may be accompanied by the Association's Representative, or (3) may request that the Association's Representative act on behalf of the aggrieved person. No written documentation of the grievance or administrative response will be required if the grievance is settled at Level One. If the principal indicates s/he cannot resolve the grievance at Level One, the grievance will be referred to the Department of Human Resources who will refer it to the appropriate Level One decisionmaker. 7-3-2 If the aggrieved person is not satisfied with the results of the informal conference, the aggrieved person may then file a grievance in writing on the proper form with the principal or supervisor within five (5) school days. The grievance must refer to the specific Articles of the Agreement and explain how they were violated. The grievant will use Form A to file the grievance. The principal and the grievant shall sign the grievance. The grievant shall send a copy of the grievance to the Department of Human Resources and the Association. The Department of Human Resources will assign a tracking number to the grievance. 7-3-3 Level Two. The grievance request must indicate the reason why the Level One decision is unsatisfactory. The Department of Human Resources will represent the administration at this level of the grievance procedure. The Department of Human Resources will meet with the aggrieved person in an effort to resolve the grievance. Such meeting will take place within five (5) school days after receipt of the written grievance by the Department of Human Resources. 7-3-3-1 The Level Two hearing officer will be determined by the Department of Human Resources after consultation with the Association. The principal and the grievant will attend this hearing. 7-3-3-2 The decision will be based on the merits of the grievance and provide the reasons therefore in writing. The decision will be transmitted promptly to all parties in interest and to the Association. If the Level Two hearing officer cannot provide the relief requested, he or she may write a decision without holding a hearing. 7-3-3-3 Upon request by the Association, grievances concerning an administrative transfer, reduction in building staff (RIBS) or the recommendation by a principal for non-renewal of a probationary teacher shall be subjected to an expedited grievance procedure. The Level Two hearing will take place within three (3) school days. Grievances concerning the recommendation by a principal for non-renewal of a probationary teacher will not be processed beyond Level II. 7-3-4 Level Three. If the aggrieved person is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within ten (10) school days after the Department of Human Resources has heard the grievance, the aggrieved person may request that the Association submit the grievance to either arbitration or mediation. This request must be made within five (5) school days of the Level Two disposition. If the Association deems the grievance meritorious, it may elect and demand either arbitration or mediation within twenty-five (25) school days after the receipt of the aggrieved person's request. The arbitration/mediation demand from the Association must be in writing and must indicate the reason the Level Two decision is unsatisfactory. 7-3-4-1 Mediation. If the Association elects mediation, a mediator shall be selected from a permanent panel of five (5) mediators jointly determined by the parties from lists provided by the American Arbitration Association. 7-3-4-1-1 The mediator panel shall consist of mediators who are skilled in educational issues and shall be from the greater Denver Metropolitan area. 7-3-4-1-2 A panel shall be selected and reviewed annually not later than February 1. 7-3-4-1-3 Unless otherwise agreed, the mediator shall be assigned based on a rotating system. 7-3-4-1-4 At the conclusion of the mediation process the parties will implement any action agreed to through the mediation process. 7-3-4-2 If the Association elects arbitration and the parties cannot agree on the choice of an arbitrator, the Association shall submit a request to the American Arbitration Association for a list of seven (7) arbitrators skilled in arbitration of educational issues, with a copy to the District. Within ten (10) days of the receipt of a list, representatives of the Association and the District shall meet and alternately strike a name on the list. The last name remaining shall be appointed arbitrator. 7-3-4-2-1 Upon request by the Association, administrative transfer grievances shall be subject to expedited arbitration. If selected, applicable rules regarding expedited arbitration will be followed. 7-3-4-3 The arbitrator will have authority to hold hearings and make procedural rules. 7-3-4-4 All hearings held by the arbitrator shall be in closed sessions and no news releases shall be made concerning progress of the hearings. 7-3-4-5 A report will be issued within thirty (30) days after the close of the hearing. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify, any of the terms of this Agreement. 7-3-4-6 The arbitrator's report shall be submitted in writing to the Board and the Association only, and shall set forth the arbitrator's findings of fact, reasoning, conclusions and recommendations on the issues submitted. The arbitrator's recommendations shall be consistent with law and with the terms of this Agreement. The arbitrator's report shall be advisory only, not binding on the Board or the Association. 7-3-4-7 Within five (5) school days after receiving the report of the arbitrator, the Board's designee and the Association's designee will meet to discuss the report. The Association will be given the opportunity to respond in writing to the Board concerning the arbitrators recommendation. The Board will review and consider any response by the Association and shall accept or reject the report of the arbitrator not later than thirty (30) days (not counting July) after receipt of the arbitrator's report. No public release may be made until after the next legislative meeting of the Board. 7-3-4-8 Within five (5) school days after receiving the Board's official action on the arbitrator's report, the Board's Designee and the Association's Designee will meet to discuss the action of the Board. 7-3-4-9 The costs for the services of the arbitrator or mediator, including per diem expenses, if any, plus actual and necessary travel and subsistence expenses, shall be shared equally by the District and Association. The party who cancels a scheduled arbitration will pay the full cost of any fees assessed by the arbitrator. 7-3-4-10 Any party may request an official stenographic record of the testimony at the hearings. The party requesting shall pay the costs. If the other party requests a copy of the record, it shall share the entire cost of making the stenographic record. 7-3-4-11 In appropriate cases, both parties may agree to follow the expedited rules and procedures of the American Arbitration Association in processing any grievance at Level Three, except that the Arbitrator shall always be chosen pursuant to Article 7-3-4-2. 7-4 Rights of Teachers to Representation 7-4-1 Neither the District nor any member of the Association shall take reprisals affecting the employment status of any teacher, any party in interest, any Association Representative or any other participant in the grievance procedure by reason of such participation. 7-4-2 All teachers who file a grievance shall do so with full knowledge and assurance that they will be represented solely by the Association and/or the Association's designee(s) at all levels and steps and proceedings of the grievance procedure, except that the aggrieved teacher may decline representation at Level One. 7-4-2-1 No aggrieved teacher may be represented by a representative or officer of any teacher organization other than the Association. 7-4-2-2 Level One representation will normally be provided by the Association's building level Grievance Representative and/or Association Representative. 7-4-3 When Level Three hearings are held, all witnesses who are District employees shall be summoned by the Department of Human Resources. The Association and the District will mutually exchange written witness lists at least two (2) days in advance of the hearing. 7-5 Miscellaneous. If the time limits for processing a grievance are not met by the administrator responding to the grievance, the grievance may be moved to the next level at the request of the aggrieved, or upon request of the Association, the Superintendent or his designee will review with the responding administrator the reason why the time limits were not met and any extenuating circumstances therefore. The Department of Human Resources may take appropriate action on whether to grant the grievant's requested remedy based on its review of the situation. 7-5-1 If, in the judgment of the Association, a grievance affects a group of teachers in more than one (1) building, the Association may submit such grievance in writing directly to the Department of Human Resources, and the processing of such grievance may be commenced at Level Two. 7-5-2 All written and printed matter relating to grievances will be filed separately from the central office personnel files of the participants. 7-5-3 Necessary forms for filing, for serving notices, for making appeals, for making reports and recommendations and other necessary documents will be jointly prepared and distributed by the Department of Human Resources and the Association. 7-5-4 The Board agrees to make available to the aggrieved person and the aggrieved person's representative, all pertinent information not privileged under law, in its possession or control and which is relevant to the issues raised by the grievance. The Association agrees to make available to the Board and its representatives, all pertinent information not privileged under law, in its possession or control and which is relevant to the issue raised by the grievant. 7-5-4-1 In conducting arbitration cases, the Board will present all relevant material so that the arbitrator will have complete information upon which to base a decision. A copy of any information presented to the arbitrator will be provided to the aggrieved person. 7-5-5 When it is necessary at Level Two or Level Three for a representative(s) designated by the Association to attend a meeting or a hearing called by the Department of Human Resources during the school day, the Department of Human Resources shall notify the principal of such Association representatives. The representatives will be released without loss of pay for such time as their attendance is required at such meeting or hearing. The Association will cooperate with the District in minimizing interruption of the continuity of classroom instruction by scheduling witnesses and notifying the District as far in advance as possible of the need to provide substitutes for teachers' release for such hearing. 7-5-6 No grievance shall be recognized by the District or the Association unless it is presented at the appropriate level within fifteen (15) school days after the aggrieved person knew, or should have known, of the act or condition on which the grievance is based. No grievance shall be recognized at Level Two unless it is filed with the Department of Human Resources within at least twenty (20) school days after the act or condition upon which it is based occurred. Grievances not timely presented will be considered as waived. 7-5-7 The Agreement Review Committee shall monitor the number and types of grievances and the length of time such grievances take to be resolved. Article 8 - Professional Standards Professional Standards Committee. Each school will have a Professional Standards Committee (PSC) consisting of a minimum of three (3) teachers, elected by a majority of the faculty voting by secret ballot of the faculty, and also consisting of an Association representative and the principal unless otherwise agreed to by the Association representative and principal. The PSC will be responsible for making decisions as noted in Article 8. Decisions in specified areas except for lunch periods and secondary teaching loads will be made by reaching mutual agreement. If mutual agreement cannot be reached, then interventions will be provided by the Association and the District. If mutual agreement still cannot be reached, then the principal will make the decision. Decisions may be made by the PSC to alter the length of the lunch period (Article 8-2) or Secondary Teaching Load (Article 8-5-1) only after applying the decision making standards which will be supplied for this purpose, conducting a confidential vote of the majority of the faculty, and reflecting this process on a form which will be supplied for this purpose. Changes will not be made to the length of the lunch period or secondary teaching load without a positive majority confidential vote of the faculty. Information about such changes will be sent to the Instructional Issues Council for tracking purposes. 8-1 Contract year. The contract year shall be one hundred eighty-one (181) days. If a teacher is required to extend his/her contract year and is continuing to do the work he/she performed during the contract year, he or she shall be paid at their regular scheduled rate per day. Regular scheduled rate per day is the teachers salary divided by the number of days in the contract year. 8-1-1 In addition to the one hundred eighty-one (181) days, newly hired teachers may be required to attend pre-session orientation meetings and shall be paid in accordance with Article 32. New teachers will be paid for orientation meetings on the next practical payday. 8-1-2 The length of the contract year for teachers shall be one hundred eighty-one (181) days, which shall include four (4) planning days, two (2) professional days, one (1) assessment day and one- (1) parent/teacher conference days. 8-1-2-1 During each of the planning days, a minimum of four (4) hours shall be reserved for self-directed instructional planning, allowing the remainder for any activities initiated by school administration. 8-1-2-2 During each of the professional days a maximum of 6 hours shall be reserved for inservice at the District, area or site level. 8-1-2-3 The assessment day will be used for individual and/or small group assessments or other assessment related activities. 8-1-2-4 Schools may modify the daily schedule on the parent/teacher conference days to meet the needs of the community. 8-1-3 There is an expectation that teachers will attend beyond the contract year for professional development determined by the principal if the: program needs to be scheduled outside the contract year, no programs will be scheduled for the last two weeks of June and the first two weeks of July, written notice is given 90 days prior to the end of the school year, educational reason is sound, teachers attending are paid in accordance with Article 32, adequate alternate opportunities to learn the content are provided. 8-1-3-1 Teachers who can not attend will need to discuss reasons with their administrator. 8-1-3-2 Schools may seek a waiver from this Agreement, as in Article 5-5-5, if the training cannot be scheduled during the week prior to or after the school year. In such cases attendance would be voluntary. Under no circumstances, will a waiver be granted if training is also being held before or after the school year as in Article 8-1-3. 8-1-4 Evening meetings. Each teacher may be required to attend three (3) evening events, approved by the PSC, per school year as part of the contracted time. 8-1-5 Special Conditions of Employment. Any special conditions regarding the assignment of any teacher will be reduced to writing and become an addendum to the individual's initial employment contract with the District. 8-2 Forty (40) Hour Work Week. The work week shall be forty (40) hours and shall include: Lunch Periods. There shall be a minimum standard forty-five (45) minute daily lunch unless altered by the PSC process. Lunch shall be duty free. Operations time up to sixty (60) minutes per week to include but not be limited to faculty meetings or school related committee meetings. Professional time up to ninety (90) minutes per week to include but not be limited to grade level meetings, vertical teaming, department meetings, planning with a literacy coach, staff development or data analysis. 8-2-1 The principal shall have authority to permit teachers to diverge from the regular school day. 8-2-2 The Districts scheduled student school contact day will not be extended without applying the due process of collective bargaining. 8-3 Planning Time. Each teacher shall receive a minimum of forty (40) minutes of uninterrupted self-directed instructional planning time scheduled during the student school contact day. If that is not possible, some of the uninterrupted block of forty (40) minutes may be scheduled outside the student school contact day. 8-3-1 Area Superintendents may grant exceptions to the above only in those cases where the Collaborative School Committee has chosen to utilize any supplemental allocations in regular classes instead of specials classes in order to reduce the class sizes of teachers in their buildings. In such cases, the school must schedule forty (40) minutes of self-directed instructional planning time for teachers in the largest practical blocks of uninterrupted time. A minimum of twenty (20) minutes daily and two hundred (200) minutes weekly will be guaranteed. 8-3-2 The Instructional Issues Council will evaluate and monitor the granting of exceptions to Article 8-3 and implementation of Article 8. 8-4 Multi-School Assignments. When teachers are assigned to more than one (1) school site, the principals at the schools involved shall collaborate on the scheduling of the workdays for those personnel. These teachers shall be required to assume non-teaching duties only in their home school assignment. Every effort will be made to limit the amount of inter-school travel. Such teachers shall be notified of any change in their schedules as soon as practicable. 8-5 Teaching Loads. The range of teaching loads, number of preparations and number of pupil contacts required should provide for effective instruction and meaningful teacher-student interaction. 8-5-1 Secondary Teaching Load. Unless altered by the PSC process, the normal teaching load for secondary school teachers shall be five (5) teaching periods per day or the equivalent thereof if block scheduling is used. A teacher may request to teach a sixth period. 8-5-1-1 The maximum class size in grades six (6) through twelve (12) shall not exceed thirty-five (35) students. In no case shall a teacher have a total greater than 175 students per day unless an exception is provided for in Article 8-5-1-2. 8-5-1-2 For music and physical education classes, a PSC Committee may annually set a higher daily class size limit for a single school year or semester after engaging in direct consultation with the affected teacher(s) and department chairperson(s). The criteria to be considered in deciding whether to increase the maximum class size limit must include safety of students and staff, adequacy of the facility and equipment, and the impact on the educational program in those classes. The PSC Committee will specify which courses and sections will have the higher class size limits and the actual maximum number in each. All raised limits will expire at the end of each semester or school year as specified by the PSC Committee. All decisions to increase maximum class size must be made no later than the time that schedules are set for the school each semester. 8-5-2 Elementary Teaching Load. The Board shall maintain its effort to retain the class size reduction which has been achieved in grades 1 and 2. The level of staffing to maintain such class size is dependent on availability of funding. When it is necessary to have class size exceed twenty-five (25) in primary elementary grades (K-3), the Board shall honor teachers' requests for qualified paraprofessional assistance according to the following schedule, and in grades four (4) and five (5) when class size exceeds 27 the following schedule will apply: 8-5-2-1 One (1) hour of paraprofessional assistance per day for one (1) to two (2) students over twenty-five (25). 8-5-2-2 Two (2) hours of paraprofessional assistance per day for three (3) to five (5) students over twenty-five (25). 8-5-2-3 Three (3) hours of paraprofessional assistance per day for six (6) to seven (7) students over twenty-five (25). 8-5-2-4 For grades K-5, in no event shall classes exceed thirty-five (35) students, unless the only solution is transferring students to other schools. 8-5-3 Specialized Service Providers. The District and the Association recognize the valuable contribution that specialized service providers bring to our schools and to improving student achievement. Therefore, the Board and the Association are committed to providing schools with both multidisciplinary teams and staffing ratios that lead the Denver metropolitan area. To meet this commitment, the parties agree that, beginning with the 2003-2004 budget process, any increases in the "at-risk" funding component of the School Finance Act that are not earmarked by the state will be used to improve specialized services staffing ratios. 8-6 Department chairpersons in high schools shall be elected by the Department, subject to approval by the principal. Unless determined otherwise by the CDM Committee, the term for department chairpersons shall be three (3) years. Department chairpersons shall not succeed themselves unless approved by the CDM Committee. 8-6-1 Department chairpersons shall be provided time to fulfill the duties of that assignment as determined by the principal after consultation with the CDM Committee. 8-7 Non-Teaching Duties. The District agrees to make every effort to reduce non-teaching duties that do not best use a teacher's presence and skills, through the use of teacher aides and part-time clerical assistants. 8-7-1 Assignment of teachers to non-teaching duties not done by aides will be rotated so that no teachers will have the same assignment for more than four (4) consecutive semesters, unless the teacher agrees to such assignment. Reassignment to such non-teaching duty can only be after an interim of at least two (2) consecutive semesters. 8-7-2 Special educators non-teaching duty time will be used solely for implementing the Individuals with Disabilities Education Act (IDEA) mandates. 8-8 Lesson Plans. Teachers will maintain effective lesson plans related to the approved curriculum for use by the teacher in regular instruction and review by the administration, as well as specific, detailed lesson plans for use by substitute teachers. 8-8-1 Teachers and administrators will discuss and agree upon the format of lesson plans. 8-8-2 The administrator can ask for lesson plans to be turned in for the purpose of improving instruction and will provide constructive feedback to the teacher submitting the plans. 8-8-3 If the administrator has questions regarding the lesson plan, then the administrator and the teacher will discuss the lesson plan and identify any next steps as necessary. 8-9 Classroom Interruptions. The District agrees that classroom interruptions diminish the time for instruction. The administrative staff and teachers shall make every effort to avoid unnecessary interruptions during instructional periods. 8-10 Class Coverage. It is an administrative responsibility to cover all scheduled classes. 8-10-1 During the first month of each school year, the principal, in consultation with the department chairs at the secondary level or grade level chairs at the elementary level, shall develop a written contingency plan for class coverage occasioned by a shortfall of substitute teachers. Such plan shall include the procedure for enabling teachers to invoke Article 32-6. 8-11 Emergency School Closings. 8-11-1 When weather conditions constitute a danger sufficient to require the closing of schools, the following procedure shall be followed: If the conditions exist prior to the normal school opening time, teachers shall be notified, as early as possible, by public media or direct contact and shall not be required to report to work. If the conditions require closing during the school day, teachers shall be dismissed as soon as possible after students are dismissed. 8-11-2 When weather conditions are such that schools will be open, but some professional staff or students are not able to attend because of the severity of conditions in their locale, the following procedure shall be followed: As soon as possible, teachers affected shall notify the principal of their inability to attend school that day. Professional staff who cannot attend school because of weather conditions or other emergencies will have deducted from their personal leave, if available, or sick leave if personal leave is not available, the day or days they were unable to attend their assignment. All teacher absences under this Article are subject to review by the school building level administrator. 8-12 Teacher-in-Charge. If a teacher is placed in charge of a building during the absence of the principal, and when the principal's absence will be one-half day or longer, the teacher will be relieved from either the office or classroom assignment. 8-13 Transportation of Students. Teachers shall not be required to transport pupils to activities, which take place away from the school building. Article 9 - Central Office Teacher Files All teacher permanent central office files shall be maintained under the following conditions: 9-1 All materials placed in the permanent central office file and originating within the District shall, upon request, be available to the teacher for inspection in no more than seventy-two (72) hours. In cases where teachers express a pressing need to see their personnel file immediately, the District will make every effort to meet the teacher's request. At the teacher's request, anyone may be present in this review. If requested, teachers may be provided copies of material contained in their central office file without cost. 9-2 Material originating within the District and which is disciplinary in nature or negative in regard to a teacher's conduct, service, character or personality shall not be placed in a teacher's file unless the teacher has had an opportunity to read the material and to sign the copy to be filed. Such signature does not indicate agreement with the content of the material. 9-2-1 If a teacher is exonerated with respect to any of the matters cited above or is exonerated following the completion of an investigation during which the teacher was placed on administrative leave with pay, all adverse entries in the teacher's central personnel file related to that incident or issue will be removed. 9-3 The teacher shall have the right to answer any material filed and have the answer reviewed by the Executive Director of Human Resources, and attached to the file copy. 9-4 Written material sent to the central office by students or parents shall be sent to the principal for appropriate response and shall not be placed in the central file except pursuant to the provisions of this article. 9-5 Upon written request by the teacher, material contained in the central office file for more than three (3) years will be reviewed and eliminated as long as such material does not interfere with the safety, physical, and moral well-being of children. The District shall have the exclusive responsibility to determine whether the material should be retained. 9-6 All written and printed material dealing with the processing of a grievance will be filed separately from the central office personnel files of the participants. 9-7 A log will be kept in the Department of Human Resources, which must be signed and dated by any person examining the file, except for central office personnel. 9-8 All materials contained in local school files kept by principals must be forwarded to the permanent central office file in accordance with the conditions of this Article before its use in any central office action that affects a teacher's employment status, promotion, demotion, or dismissal. Article 10 - Teacher Evaluation 10-1 Performance Evaluations are used to: improve instruction; communicate the Districts objectives and direct its work force; enhance the implementation of program curriculum; measure professional growth and development of licensed personnel; implement District and school goals in the classroom; determine and document satisfactory or unsatisfactory performance; and measure the level of performance of all personnel covered by this Agreement. 10-2 Definition of Terms. 10-2-1 As used only in this evaluation process, unless the context otherwise requires: 10-2-1-1 "Days" means working school days. 10-2-1-2 "Evaluator" means school principal or administrative supervisor who is responsible for the evaluation. Principals are responsible for all evaluations in their buildings, but may designate other qualified administrators to assist. 10-2-1-3 "Objectives" means annual measurable objectives developed by a teacher in collaboration with that teachers evaluator, two of which must address District and/or school objectives. 10-2-1-4 "Objectives conference" means the annual conference between the evaluator and the teacher to develop and/or review the teachers objectives. 10-2-1-5 "Observation" is a work setting observation of a teachers performance. 10-2-1-6 "Peer assistant" is a teacher selected from a pool of specially trained teachers to assist a teacher during a remediation plan. 10-2-1-7 "Standards and Criteria" are those observable behaviors on which performance is rated, as advanced, proficient, partially proficient, or unsatisfactory: "Advanced" means standards and criteria are clearly exceeded. "Proficient" means performance consistently meets standards and criteria. "Partially Proficient" means performance partially meets standards and criteria; therefore, improvement is needed. "Unsatisfactory" means that performance consistently fails to meet objectives of standards and criteria. 10-2-1-8 "Post-evaluation conference" means a conference between the teacher and evaluator or designee in which the final written evaluation is discussed and presented to the teacher for signature. This may be combined with a post-observation conference. 10-2-1-9 "Post-observation conference" means the conference required between the teacher and evaluator or designee following each formal observation to discuss what was observed and to make recommendations for improved performance, if appropriate. 10-2-1-10 "Pre-evaluation conference" means a conference between the teacher and evaluator or designee at the beginning of the evaluation process to discuss the evaluation procedure. This may be combined with a pre-observation conference in Article 10-2-1-11 and with the objectives conference in Article10-2-1-4. 10-2-1-11 "Pre-observation conference" means a conference between the teacher and evaluator or designee held prior to a formal observation. 10-2-1-12 "Remediation Plan" is a plan jointly developed by the teacher and evaluator or designee to correct an unsatisfactory performance rating on any performance characteristic. 10-2-1-13 "Satisfactory performance" means that a teacher is rated at or above partially proficient on all standards and criteria. 10-2-1-14 "Unsatisfactory performance" means that a teacher is rated unsatisfactory on any performance criterion. 10-2-1-15 "Written improvement plan" means a section of the written evaluation report which specifies what performance improvements, if any, are needed and makes recommendations for achieving those improvements. 10-2-1-16 "Year" means the school year. 10-3 Types of Evaluations and Observations. 10-3-1 The District has three types of evaluations: Probationary evaluations are conducted on an annual basis during the teachers probationary employment. Non-probationary evaluations are conducted once every three (3) years for teachers who have successfully completed their probationary period.
Special evaluations are conducted when a supervisor determines that a teacher requires assistance in a non-evaluation year.
10-3-2 The District has two types of observations: A formal observation is scheduled in advance, is recommended to be at least twenty (20) minutes in length and includes a pre-observation conference and a post-observation conference. An informal observation does not include the requirements of the formal observation and may occur at any time. Informal observations are conducted yearly in non-evaluation years for non-probationary teachers.
10-4 Evaluators. 10-4-1 The school principal is responsible for all evaluations in the school building. When a teacher is assigned to more than one building, the home school principal must coordinate the evaluation with the appropriate principals or supervisors. As necessary, the principal will identify a designated evaluator for each teacher, as well as other administrators who may be asked to conduct classroom observations. Designated evaluators work at the direction of the principal, and they are solely responsible to the principal. 10-4-2 Under state law, evaluators must be trained and thoroughly familiar with the evaluation process. 10-5 Data Sources. Data sources used in conducting the evaluation must be stated in writing and discussed at both the pre- and post-evaluation conferences. 10-5-1 Data sources may include, but are not limited to: evidence from parents, students, staff, and the community, including information obtained from standardized surveys; the designated evaluators observations of the teachers performance in the work setting; other data sources may include, if available, prior evaluations and a portfolio presented by the teacher. 10-6 Conduct of the Evaluation: Probationary and Non-Probationary 10-6-1 All evaluations shall be conducted in compliance with state statute and regulations and with contractual obligations. Evaluations shall be completed by the date set annually by the Department of Human Resources. 10-6-2 Notification. A teacher shall be informed in advance about the purpose and nature of the evaluation process, the elements of the evaluation, the procedure for conducting the evaluation and the responsibilities of the individuals involved. At the commencement of the school year in which an evaluation is to be conducted, the principal will review the evaluation process, as per Article 10-2-1-10, with the teacher and will give the teacher a copy of the procedures, the standards and criteria and the ratings to be used. 10-6-3 Observations. Observations of the teacher shall be conducted openly and with full knowledge of the teacher. Written reports of observations shall include the date, time and notes made during the observation and shall be shared with the teacher, as per Article 10-2-1-9. The evaluator shall make one or more formal observations of the teacher and shall make any recommendations for growth areas. Unless extenuating circumstances arise, the date and time shall be honored as agreed upon for the post-observation conference. 10-6-4 Documentation. The legal rights of the teacher shall be preserved and the evaluation and all documentation used in the evaluation shall be confidential and available only to the teacher, evaluator, and other persons identified by statute. No evaluation information shall be gathered by electronic devices without the consent of the teacher. No informality in any evaluation or in the manner of making or documenting any evaluation shall invalidate such evaluation. 10-6-5 Written Evaluation Report. The evaluation report shall: be written on the adopted form; identify all data sources used; contain a written improvement plan specifying performance improvements needed, if any, and recommendations for achieving those improvements; be specific as to the strengths and weaknesses of the teacher; and specify when direct observations were made. The evaluator shall sign the written evaluation report and discuss it with the teacher during the post-evaluation conference. The teacher shall sign the written evaluation report and will receive a copy of it. Such signature shall not be construed to indicate agreement with the information or the conclusions in the final written evaluation report, and the teacher shall be given an opportunity to attach any written explanation or other relevant documentation that the teacher deems necessary. The final written evaluation report will be sent to the appropriate Area/Assistant Superintendent for review and signature. 10-7 Remediation Plan. A teacher whose performance is deemed unsatisfactory shall be given a copy of the written evaluation report of the deficiencies that led to the unsatisfactory rating. A remediation plan to correct said deficiencies shall be jointly developed by the evaluator and the teacher. 10-7-1 The remediation plan shall: address not more than three identified deficiencies at any time. state the behaviors expected to remedy each deficiency. include a reasonable period of time of not less than thirty (30) nor more than ninety (90) school days to remedy the deficiencies. (The remediation plan begins when the peer assistant(s) have the first meeting with the teacher or when the teacher signs the form to deny peer assistance.). identify the resources and assistance that are available to remedy the deficiencies. 10-7-2 A copy of the remediation plan shall be sent to the appropriate Area/Assistant Superintendent who may recommend changes to the teacher and the evaluator. 10-7-3 Peer assistance will be part of the remediation plan unless the teacher declines in writing to the evaluator. A peer assistance request/denial form must be filed by the principal with the Department of Human Resources. Peer assistance shall be provided by not more than three teachers who are specifically trained to provide assistance. Data gathered by peer assistant(s) shall not be or become part of the evaluation. Data from other resources can become part of the evaluation. Peer assistant(s) will provide progress reports and recommendations to the teacher within ten (10) days of the initial meeting. Recommended strategies shall be shared with the evaluator. For a probationary teacher on a remediation plan, the principal may request a peer assistant to aid in remedying deficiencies in addition to any other means of assistance. 10-7-4 During the implementation of the plan, the evaluator shall continue to conduct observations and conferences. At the end of the remediation period, the evaluator will complete the written evaluation report and one (1) of three (3) options is possible: The teacher is no longer rated unsatisfactory on any criterion. No further action shall be taken and the individual shall be returned to the regular cycle. An annual observation shall be conducted the following semester. Progress has been made but the evaluator still rates the teachers performance as unsatisfactory but the evaluator may continue the remediation plan for an additional specified period; The teacher has made insufficient progress and is still being rated unsatisfactory. In this case, the procedures referred to in Articles 10-7-5 or 10-7-6 will be followed. 10-7-5 Non-Probationary Teacher. If the final written evaluation report indicates that the teacher is still performing unsatisfactorily, the principal shall make a recommendation of dismissal for unsatisfactory performance to the appropriate Area/Assistant Superintendent. 10-7-6 Probationary Teachers. This performance evaluation process is not intended to limit the authority of the Board to non-renew the contract of any probationary teacher. A remediation plan shall not be a prerequisite for non-renewal. Following the completion of the final written evaluation report, a recommendation by the principal for the renewal or non-renewal of the contract of a probationary teacher shall be made to the appropriate Area/Assistant Superintendent. The Area/Assistant Superintendent will review the recommendation and notify the teacher in writing denying the recommendation, or confirming the recommendation and stating that it will be sent to the Board for action. 10-7-7 If the teacher goes on an extended leave after the remediation plan has commenced, the leave time will not be counted as part of the remediation time and the plan will continue upon the return of the teacher to active service. 10-7-8 Once a remediation plan is implemented, the teacher may be transferred only with written consent of the evaluator, the teacher, and the principal of the school to which transfer is sought. 10-8 Special Evaluation. When an evaluator determines that a non-probationary teacher needs assistance during a non-evaluation year, a special evaluation shall be initiated. 10-8-1 To initiate a special evaluation, the evaluator shall conduct a formal observation with pre- and post-observation conferences. During the pre-observation conference, the evaluator shall indicate the performance concerns. A second observation shall be conducted. 10-8-2 Following the second observation, the written evaluation report shall be completed and discussed with the teacher within ten (10) days. 10-8-3 If the written evaluation report indicates unsatisfactory performance on any performance criterion, a Remediation Plan shall be developed by the teacher and evaluator. The procedures for such a plan shall apply as in Article 10-7. 10-9 Evaluation procedures to be used in the District shall be developed by the Advisory District Personnel Performance Evaluation Council (1338 Committee) subject to approval by the Board. 10-9-1 The procedures shall be published and available for review by all teachers and a copy will be given to each teacher prior to any scheduled evaluations. 10-9-2 Teacher representatives on the 1338 Committee, which the Board is required to appoint under the provision of C.R.S. 22-9-107, shall be nominated by the Association. 10-9-3 The 1338 Committee will revise the appraisal processes for teachers and specialized service providers in order to base them on standards for professional practice. They will recommend changes to the District and Association no later than September 1, 2003. 10-9-4 In September 2002, the 1338 Committee will revise the appraisal processes for teachers and specialized service providers in order to base them on standards for professional practice. They will recommend changes to the District and Association no later than September 1, 2003.
Article 11 - Complaints Against Teachers/Corrective Action/Administrative Leave 11-1 Complaints Against Teachers. 11-1-1 When a person makes a complaint against a teacher, the principal or designee shall attempt to resolve the complaint informally. 11-1-2 If the complaint is made in writing, the following procedure will govern: 11-1-2-1 The teacher shall be promptly notified of the nature of the complaint and the identity of the complainant, and given an opportunity to respond to the complaint. 11-1-2-2 If necessary, the principal or designee shall arrange a meeting within seven (7) school days with the complainant, the teacher and the principal or designee. 11-1-3 If any record of the complaint, or its formal or informal resolution, is placed in the teacher's files, the teacher shall have the right to file a written response within twenty (20) school days. 11-2 Corrective Action. 11-2-1 Before taking a corrective action against a teacher, the supervising principal shall investigate the matter of concern and meet with the teacher to hear the teacher's response regarding the matter. The principal shall follow the procedures and protocols established in the District document "Basic Fairness and Due Process, A Guide For Corrective Discipline." 11-2-2 If a principal determines it is necessary to take a corrective action, the principal shall schedule another meeting with the teacher and notify the teacher in advance that the reason for the meeting is to take a corrective action. 11-2-2-1 Upon request, the teacher may be accompanied during the corrective meeting by another teacher from the school or have an opportunity to arrange for representation of the Association. Such meeting may not be delayed by the teacher for more than twenty-four (24) hours in order to arrange Association representation. 11-2-3 Neither a letter of warning nor a letter of reprimand shall be issued, nor shall a teacher be suspended without pay, except for just cause. 11-3 Administrative leave. 11-3-1 Administrative leave should be considered as an option to be used only when necessary to protect the interests of students or staff. Before a principal decides to place a teacher on administrative leave for purposes of investigation, the teacher shall be given the specific allegation(s) of misbehavior and the basic reason why the administrative leave for investigation is necessary, when possible. The teacher shall be given the opportunity to respond. The teacher has the opportunity to arrange for Association representation within a twenty-four (24) hour period of being placed on administrative leave in order to respond and at any meeting thereafter related to their administrative leave. The initial response meeting with Association representation should be held as soon as possible within three (3) school days. 11-3-2 At the onset of a possible administrative leave action, the principal or supervisor shall provide the teacher a copy of an administrative leave checklist. The teacher shall sign the form only as acknowledgement of receipt and be given a copy of it for informational reference. 11-3-3 After hearing the response, if any, of the teacher to the alleged misbehavior, the principal may then determine that further investigation is necessary and place the teacher on administrative leave, which shall be at the end of the school day, or whenever it is appropriate. 11-3-4 Investigations, when necessary, will be completed as expeditiously as possible. If an investigation must extend beyond seven (7) calendar days, or if the administrative leave must be extended, the teacher and the Association will be notified by phone calls from the Department of Human Resources the reasons for the extension and the expected date of completion of the investigation and/or leave. 11-3-5 Pending the investigation, the teacher placed on administrative leave will continue to receive full pay. All rules for active employees will continue to apply. 11-3-6 Administrative leave is not a punitive action and there will be no record of the leave in a teacher's personnel file. 11-3-7 The Agreement Review Committee (ARC) will review on an annual basis administrative leaves for the prior year to ensure that the above procedures have been implemented appropriately.
Article 12 - Instructional Materials 12-1 In order to provide the best possible educational program in each school, the District will endeavor to provide sufficient instructional materials and equipment to ensure that each pupil and teacher will have access to them. 12-1-1 Prior to final preparation of budgets for materials and supplies, the CDM Committee in consultation with the teachers affected will determine an equitable distribution of resources in the proposed budget. The final building budgets will reflect the priorities established by the CDM Committee. 12-1-2 Each school will be allocated a revolving fund through their budget accounts to use for the purpose of instructional materials that are not otherwise readily obtainable by teachers. 12-2 The Association and the District support equal educational opportunity for all children in the Denver Public Schools. It is their mutual aim, through the careful selection of multi-ethnic instructional materials, to help students develop a sense of individual worth and respect for the worth of others, regardless of their ethnic or cultural backgrounds. Article 13 - Assignments, Schedules and Transfer General Principles 13-1 Teacher assignments, schedules and transfers will be made in the best interest of the educational program for the students and consistent with teacher preparation, certification and experience. Every effort will be made to identify the District educational strategies, programs and leadership in a timely manner to maximize site-based planning, teacher selection, assignments and transfers. 13-2 Qualifications/Eligibility In order to be considered for a position, a teacher must meet accreditation standards of the Colorado Department of Education and the North Central Association, where applicable, and must meet all posted requirements for the position including the requirements set forth by the No Child Left Behind Act. 13-3 Teachers shall be notified of their tentative program, schedule, or grade level assignment for the ensuing semester or year as applicable, as soon as possible following preparation of the master schedule. In addition, they will be notified of changes in their tentative program, schedule, or grade level assignment, if any. 13-4 Teacher scheduling shall be made without regard to race, creed, color, sexual orientation, national origin, gender, marital status, age, and consistent with the provisions of the Americans with Disabilities Act, membership in any teacher organization or such other specified human or civil rights as may be protected by statute. 13-5 School schedules for each teacher normally will include a variety of assignments. The District and the Association recognize that students who are not achieving to the level of ability need the expertise of experienced teachers as much as do students with high achievement levels.
13-6 Once a remediation plan is implemented, the teacher may be transferred only with written consent of the evaluator, the teacher, and the principal of the school to which transfer is sought. (Reference 10-7-8)
13-7 Timelines Teacher staffing process timelines shall be established by the Department of Human Resources on an annual basis and published by October 1st of each school year. The timeline of dates shall include: teacher declaration of grade level, department or specialty area (Reference 13-10-2) teacher staffing process aligned with the budget process end of transfer for continuing contract teachers intent to vacate administrative transfer recommendation for non-renewal of probationary teacher job share and half time extended leave retirement direct placement of unassigned teachers return from leave notice
13-8 Personnel Committee 13-8-1 Each school shall establish a Personnel Committee to select candidates for vacancies and reduction in building (RIBS) staff at the school building. 13-8-2 The Personnel Committee will be composed of the principal, and three (3) teachers chosen by a vote of the faculty and may have no more than two (2) parent(s) as member(s) appointed by the Collaborative school committee. 13-8-3 Teacher members will be chosen by the faculty. The Personnel Committee may have one (1) or more of the teacher assignments filled, on a rotating basis, by (a) teacher(s) in the grade, team or department in which the vacancy exists. The Personnel Committee will determine whether more than one (1) Personnel Committee is necessary to meet the needs of the school. 13-8-4 The Personnel Committee will make decisions by consensus. If the Personnel Committee is unable to reach a decision by consensus, the principal shall make an impasse decision. 13-8-4-1 A consensus decision is either unanimous or a majority decision that the entire Committee (including the dissenters) will support. 13-8-5 The decision or results of the Personnel Committee shall not be grievable. The failure to comply with the procedure contained in this Article is subject to grievance.
13-8-6 In determining the most suitable candidate for a vacant position or reducing a member of the staff, the Personnel Committee shall consider at least the following criteria: instructional practices classroom management appropriateness of academic preparation teaching experience in the subject areas of the assignment and/or grade level participation in school activities beyond the classroom appraisals and relevant information in the central personnel file other criteria specific to the position as stated in the job posting building level interview references 13-8-7 The Personnel Committee shall operate during the school year. Outside of the school year the principal may fill positions without the requirement of consultation with the Personnel Committee. 13-8-8 The Area/Assistant Superintendent will review and address any alleged abuses of principal authority in the Personnel Committee process that are brought to his/her attention. INVOLUNTARY TRANSFERS 13-9 Transfer A teacher may be transferred by the Superintendent from one school, position, or grade level to another within the District, if such transfer does not result in the assignment of the teacher to a position of employment for which he/she is not qualified by virtue of academic preparation and certification. There shall be no discrimination shown toward any teacher in the assignment or transfer of that teacher to a school, position or grade because of sex, race, creed, color, or membership or non-membership in any group or organization. 13-9-1 Principal Recommended Principals may recommend to the Superintendent or designee the administrative transfer of teachers. If a principal is considering recommending a teacher for administrative transfer, the principal shall provide a written notice including the specific reasons to the teacher and to the Area/Assistant Superintendent. In the interest of problem solving, once the written notice has been given, a meeting shall be held with the Area/Assistant Superintendent, principal and teacher to discuss the reasons for the transfer. The teacher is entitled to representation from the Association at this meeting. After review, the Area/Assistant Superintendent may only recommend an administrative transfer for good and sufficient reason for final action to the Superintendent. 13-9-1-1 General examples of good and sufficient reasons for an administrative transfer include, but are not limited to, failure to support the educational philosophy of the school and or not being a "good educational fit" within the school. These specific reasons must be explained in writing describing the teachers behavior(s) that inhibit the educational mission of the school. 13-9-1-2 Good and sufficient reasons for an administrative transfer does not include transfer for corrective action or discipline, transfer due to classroom performance evaluation or transfer in retaliation for reasonable performance of activities covered by this contract or by law. 13-9-2 Relocation When a school program is relocated from one (1) site to another, currently assigned teachers with continuing contracts will maintain their assignment pursuant to the provisions of Article 13. 13-9-3 Changes in Program The provisions of Article 13, which allow for the administrative transfer of staff due to a change in program, adopted by the Collaborative School Committee and affirmed by the Superintendent, will be appropriately followed. 13-9-4 Opening/Closing of a School When a new school is opened, the principal shall make hiring decisions until the new Personnel Committee becomes operational. The principal will follow the processes and standards set out in this Article. If a school is relocated leaving few, if any, teachers assigned, teachers who remain assigned will not have to interview for their respective positions.
13-10 Reduction in Building Staff (RIBS) 13-10-1 The Collaborative School Committee will charge the Personnel Committee with the task of conducting a reduction in building staff upon receipt of information that reduced the number of teaching assignments at a school, or when a Collaborative School Committee decides fewer teaching assignments are needed in a department, grade level or ELA/specialty area. 13-10-2 Following a determination of staffing needs including all attrition (resignations, retirements, administrative transfers, teacher declaration of vacancies, and annual assignments) and declaration of consideration group, the Personnel Committee shall establish the group of teachers to be considered for reduction. The determination of staffing needs should include identification of all teachers who would volunteer to vacate a position. The consideration group may be a grade level, department or specialty area. The consideration group shall be defined as narrowly as possible based on program needs. The Personnel Committee shall notify the affected consideration group as soon as possible. Teachers will not be required to re-interview for their positions if they are not in an affected consideration group. 13-10-3 For the purpose of establishing consideration groups, teachers serving in more than one department, grade level or ELA/specialty area shall annually declare the department, grade level or ELA/specialty area in which they choose to be considered no later than the completion of the third week of school. 13-10-4 Each teacher may reside in only one consideration group. 13-10-5 Excluding job share teachers, contract teachers who are assigned to a school, less than full-time, shall be accorded the same transfer rights as other teachers in the consideration group. 13-10-6 Teachers on approved leaves where their positions are being held in accordance with Appendix B shall be considered equally for the purpose of reduction. 13-10-7 The Personnel Committee shall establish and make available to all faculty members a written procedure that will be followed when determining the teacher(s) to be reduced from a building. In developing the procedures for reduction in building staff, the Personnel Committee shall include the following: teachers in the consideration group may choose to vacate an assignment; teachers in the consideration group should be allowed to interview for any vacancy in the school that is posted through the in-building bidding process; all members of the consideration group must be interviewed by the Personnel Committee. 13-10-8 The Personnel Committee shall attempt to reach consensus on the candidate most suitable to be reduced. If the Personnel Committee is unable to reach consensus, the principal will decide which candidate will be reduced. 13-10-9 Any teacher transferred during the school year by the District may be provided with up to two (2) days of non-pupil contact planning time in order to permit the transferred teacher to make an orderly transition between the two (2) assignments. 13-10-10 Teachers who are involuntarily transferred are expected to actively participate in the teacher staffing process. The District may pursue consequences for teachers who are directly placed for three consecutive years who have not actively participated in the teaching staffing process. 13-10-11 Leaves/Job Share/Retirement See related Articles 22, 25 and 31-14. 13-11 School Redesign The Association and the District enter into this Agreement to assure that a known and fair process is followed in the treatment of personnel in a school that has been designated for redesign. By definition, the redesign of a school shall refer to the Superintendent's decision to overhaul a school's complete educational and or programmatic structure due to substandard growth in student achievement. 13-11-1 The parties affirm that the action to redesign a school is due to structure and design reasons and is not a reflection on individual teacher competency. 13-11-2 The parties agree the treatment of personnel to be as follows: The District will designate a principal who will begin the teacher selection process immediately. All teachers who have continuing assignments at the school will have an opportunity to interview for vacant positions with the principal until a new Personnel Committee is elected. Teachers who are not selected through this process defined in #2 may apply for and be interviewed for positions on the District-wide postings. Teachers who choose to leave the redesigned school, or who interview at the school but are not selected, will be guaranteed at least two (2) interviews for other vacancies on the District-wide postings. The District and the Association will monitor this process to ensure adherence to this procedure. The District may require additional work outside the normal school day, time beyond the adopted school year, or activities attributable to the design of the new teaching and learning structure and programs at the school. Compensation for such time will be in accordance with the applicable provisions of this Agreement.
VOLUNTARY TRANSFERS 13-11-3 Specialized Services Specialized service personnel, including nurses, social workers, psychologists, speech correctionist/therapists, and any other specialty group, shall be transferred according to a written procedure made available to all affected employees. Specialized service personnel shall meet annually with their supervisor to discuss and make revisions to written reassignment procedures. 13-11-4 Intent to VacateA notice to vacate a position may only be requested by a non-probationary teacher. A notice to vacate results in a teacher relinquishing her/his current assignment at the building. Teachers who vacate must actively participate in the teacher staffing process. 13-11-5 Probationary Teachers A probationary teacher in good standing may choose to transfer only once during his/her probationary period upon mutual agreement between the probationary teacher and the site administrator unless otherwise noted in Article 13-9. 13-12 In-Building Bidding 13-12-1 The Department Chairs at the secondary level and grade level Chairs at the elementary level, in collaboration with the principal will establish procedures whereby teachers may indicate assignment preferences. All such procedures shall emphasize the needs of students as the primary consideration for assignment. Teacher preferences may be established at grade level meetings, departmental meetings, or team meetings, as appropriate. 13-12-2 In accordance with Article 13-8, the Personnel Committee shall determine whether any vacant positions will first be posted in that school before they are posted District-wide. Based on this decision, members of a school faculty who are qualified and have a continuing contract shall be able to apply for all such vacancies that may occur in that school prior to its being posted District-wide. 13-12-3 In determining if current faculty is allowed to bid on a vacancy prior to its being posted District-wide, the Personnel Committee will: identify its staffing needs, including the identification of all teachers who will vacate their positions; determine assignments open for in-building bidding and announce them to the faculty; determine and announce procedures for in-building bidding; allow eligible faculty members interviews by the Personnel Committee 13-12-4 Teachers who agree to fill a different position within the same school for the next school year, through the in-building bidding procedure, forfeit their right to bid for and be assigned to a position listed on the vacancy list. 13-13 Posting Vacancies 13-13-1 The principal shall be responsible for notifying the Department of Human Resources of vacancies that are open at their school as soon as they are known. 13-13-2 Each vacancy shall be posted on the Denver Public Schools website. 13-13-3 The Personnel Committee shall write basic postings and detailed job descriptions for all vacancies that occur at their school. 13-13-4 The Personnel Committee shall write interview questions based on the posting. 13-13-5 Postings shall include a brief description of all involved responsibilities, and special and unique qualifications. 13-13-6 Vacancies that occur outside of the school year shall be filled by the Department of Human Resources and the principal at the school on an annual assignment basis. Un-posted vacancies will be posted subject to the provisions of Article 13-2. 13-13-7 Vacancies for Teacher on Special Assignment (TOSA) shall be posted when they become available. 13-13-8 Teachers with continuing contracts shall be eligible to bid on all posted vacancies. If positions from the first posting are not filled, out of District applicants shall be eligible to bid on them. For all subsequent postings, teachers with continuing contracts and out of District applicants shall be eligible to bid on those positions. 13-14 Applications 13-14-1 Teachers applying for a vacancy in other schools must complete the appropriate application forms and notify their principal at the time of application. 13-14-2 Applications for vacancies may be submitted by any currently qualified candidate. The Department of Human Resources shall screen all applications to ensure compliance with the state law and District requirements.. The applications of all qualified candidates for a vacancy will be forwarded to the school. Teacher applicants shall be responsible for sending their resumes to the schools where they have applied. 13-15 Selection Procedure 13-15-1 The Personnel Committee shall review all applications forwarded from the Department of Human Resources and determine how many and which applicants will be interviewed. When there are two or more applicants for a position, the Personnel Committee shall interview a minimum of two candidates. 13-15-2 Interviews shall be completed and a decision made no later than thirty (30) days after the vacancy is posted. 13-15-3 The Department of Human Resources will be notified no later than thirty (30) days after the vacancy is posted if no candidate is selected. The Association will receive this information upon request. 13-15-4 After the final round of Personnel Committee interviews, principals may select any qualified teacher from the pool of unassigned contract teachers. Positions which remain unfilled shall be filled by the Department of Human Resources. 13-16 Assignments/Placements 13-16-1 Teachers assigned to a vacant position will not be eligible to apply for subsequent vacancies during the current school year. 13-16-2 Teachers accepted to fill vacancies will remain in their current assignment until the end of the school year, except as determined by the Department of Human Resources. 13-16-3 Teachers who do not have an assignment for the next school year should, whenever possible, forward a copy of their resume to the Department of Human Resources to aid in proper placement of the teacher. 13-16-4 Direct Placement of Teachers All current teachers shall be assigned as far as practicable by the last day of the school year. When there are no assignments for which an unassigned non-probationary teacher is qualified under the No Child Left Behind Act, the Department of Human Resources may directly place a teacher in a position for which they are not highly qualified.13-16-5 The Department of Human Resources will send written confirmation of changes in assignments to teachers. The letter of confirmation will indicate if the assignment is temporary, annual or continuing. 13-16-5-1 A temporary or annual assignment is for a specified period of time, subject to the provisions of Article 13. 13-16-5-2 A continuing assignment continues from year to year, subject to the provisions of Article 13.
Article 14 - Summer School and Evening School 14-1 Summer School and Evening School. Summer and evening school programs shall be provided flexibility of design and implementation following the guidelines set forth below. 14-1-1 Staffing. The purpose of all staffing procedures is to find the most suitable candidates for the teaching positions needed to run the summer school. 14-1-1-1 Summer school teaching positions shall be posted. 14-1-1-2 Postings shall include the following basic components: descriptions of any teaching position that may be included in the summer school; and an explanation of the selection process. 14-1-1-3 All teaching positions in summer school programs will be filled first by teachers currently in the District. 14-1-2 Compensation. Teachers will be paid for summer and evening work as provided in Article 32. 14-2 Teachers applying for positions in the evening school at Emily Griffith Opportunity School shall make written application directly to the Emily Griffith Opportunity School. They shall be notified of action on their application. Qualified teachers in the District shall be given priority for interviews for positions in the evening school, except for adult vocational education classes. In filling such positions, consideration will be given to the teacher's area of competence, major and minor fields of study, quality of teaching performance, attendance record and the criteria specified in Article 13-5-4.
Article 15 - Teacher Facilities 15-1 Each school will have the following facilities: 15-1-1 Space in each classroom in which teachers may safely store instructional materials and supplies, provided that the District shall not be held to be the insurer of the teacher's personal belongings stored in such space. However, the reimbursement provisions of Article 16-2 are applicable. 15-1-2 A desk and chair for each teacher except in unusual circumstances. 15-1-3 Well lighted and clean teacher restrooms. 15-2 Insofar as financially practicable each school shall be provided with the following: 15-2-1 A work room for teachers containing equipment and supplies to aid in the preparation of instructional materials. 15-2-2 A furnished room to be used as a faculty lounge. Such room will be in addition to the aforementioned work room. 15-2-3 Telephone service available to teachers which permits privacy of conversations. 15-2-4 Space in the parking lot at each school will be reserved for teacher parking. When the District is unable to provide off-street parking for teachers, every effort will be made to provide reserved on-street parking as may be needed. 15-2-5 Each teacher will be provided a place which may be locked to keep personal items. Such places may be in teachers' lounges or individual school rooms. 15-2-6 Office space other than the faculty lounge for teachers whose classrooms are not available during the teachers' scheduled planning period. 15-2-7 Office space for specialized services personnel which affords appropriate privacy to conduct conferences and testing. 15-3 When new schools are constructed, they will include teacher facilities of the nature noted above. 15-4 Every effort will be made to ensure that for instructional periods, teachers will be assigned to well ventilated, heated, and properly lighted classrooms which meet applicable health and safety standards and which allow for an appropriate amount of space to meet instructional needs. Article 16 - Personal Injury Benefits and Property Damage 16-1 Temporary Total Disability. 16-1-1 Teachers are covered by the District's Worker's Compensation program. 16-1-1-1 Teachers, who have been injured on-the-job within the course and scope of their employment and are temporarily unable to perform their essential job functions, will be paid their full salary for up to four (4) months from their date of injury. Within the four (4) month period, teachers will either be taken off of work by their authorized treating physician or released to modified duty. The District has a commitment to all their teachers to provide modified duty. If the injured teacher is still unable to perform their essential job functions after the four (4) month period, they will be placed on Temporary Total Disability. This is paid by workers' compensation up to the statutory maximum. Teachers have the option to supplement their Temporary Total Disability with sick time that they have accrued. They will remain on Temporary Total Disability until released by the primary treating physician. 16-2 Property Damage. 16-2-1 In the event a teacher, while acting within the scope of their employment, has their clothing or other personal property damaged or destroyed, as a result of an attack, assault, menace, vandalism, or pupil supervision problem the District may reimburse the teacher the cost of repair or the reasonable replacement cost of the property. 16-2-2 Given prudent and responsible handling, the District may reimburse/replace wallets/purses, outer-wear and briefcases and contents if appropriate which are stolen while on school grounds up to Two Hundred Fifty Dollars ($250.00). 16-2-3 Given prudent and reasonable handling, the District may reimburse/replace stolen and damaged personal property used for instructional purposes at school with prior documentation and approval up to Two Hundred Fifty Dollars ($250.00). 16-2-4 The District may pay the insurance deductible and/or Two Hundred Fifty Dollars ($250.00) for the automobile damage because of the vandalism provided the automobile was on school grounds and the employee was acting within the scope of their employment. 16-2-5 In order for the District to reimburse the teacher for losses as outlined in this Article, the teacher must file a claim by submitting both a written District property loss report and a police report. The District can investigate any or all such claims of loss to ascertain applicability to this Article. The maximum dollar amount of claims that will be processed for reimbursement for losses occurring during the term of this agreement shall be Thirty Thousand Dollars ($30,000.00). Completed claims will be reimbursed on a first come, first served basis. Article 17 - Assaults 17-1 Assaults Upon Teachers. 17-1-1 Any teacher who has suffered any assault in connection with the teacher's employment shall immediately make a written report of the circumstances thereof to the administrator in charge of the school or department. The assaulted teacher may file a complaint with the appropriate law enforcement agency against the offender. The administrator shall make all reports required by state law. In addition, any teacher who is assaulted must file a workers' compensation report of injury with the District within twenty-four (24) hours. 17-1-2 The Board shall adopt, after consultation with appropriate individuals and groups, a safe school plan for handling situations involving potential assaults on staff by adults and/or students. The plan shall include any statutory requirements concerning assault upon, disorderly conduct toward, harassment of and making false accusations directed toward any teacher. This plan will be reviewed with the faculty by the principal at the beginning of each school year. 17-2 Teachers Accused of Assault. 17-2-1 A teacher accused of assault shall make written reports to the administrator in charge of the school or department, attaching copies of any summons, complaint, process, information, indictment, notice or demand served upon the teacher in connection with such assault within five (5) days after the teacher has been served therewith, and reporting the final disposition of any such proceeding. 17-2-2 Such reports will be forwarded to the District by the administrator and, in the event civil or criminal proceedings are brought against the teacher, the District will comply with any reasonable request by the teacher for such information in the Districts possession not privileged by law or policy of the District and which is determined to be relevant to the incident reported. 17-2-3 If criminal or civil proceedings are brought against a teacher alleging that the teacher committed an assault in connection the teacher's employment, such teacher, after making the reports described in Article 17-2 above, may request District assistance in the preparation of the teacher's defense. Upon receipt of such request, the District will instruct its attorney to consult with the teacher's legal counsel and cooperate with such counsel in the preparation of the teacher's defense, insofar as the interests of the teacher and the District are not conflicting. Article 18 - Student Discipline When a teacher judges it necessary to protect the instructional process, he or she may remove a disruptive student from class and refer the student to the administrator in charge or the administrator's designee. As soon as possible the teacher or school principal or designee will contact the parent or legal guardian and request his or her attendance at a conference regarding the removal. A behavior plan may be developed at this time, but must be developed after the second removal of the student from the class. The plan should be consistent with the building disciplinary plan that should be determined by the CDM Committee. Conditions under which students will be returned to class after the first or second removal, including the time period which should expire before the student is returned, shall be part of the behavior plan if developed. Upon the third removal, the student may be removed, consistent with the Board policy on student discipline, from the teachers class for the remainder of the term. Whether the student will be in place in a different education setting, suspended or expelled will be in accordance with Board policy. 18-1 In the disciplinary plan, which will be reviewed annually, the CDM Committee will incorporate the requirements of CRS 22-32-109.1 and Board Policy concerning disorderly conduct toward, harassment of and making knowingly a false accusation of child abuse against a teacher. 18-2 In implementing the disciplinary plan a teacher shall be protected from civil or criminal liability as provided by CRS 22-32-109.1 (9). 18-3 If a principal has evidence a teacher is referring excessive number of students for disciplinary reasons, the principal shall review the classroom practices of the teacher and try to determine if a more preventive approach is possible through change in practice, or if the teacher would benefit from staff development. Article 19 - Personal Health Problems 19-1 Teachers who experience personal health problems such as alcoholism, drug abuse, depression, stress, or similar illness, and who voluntarily seek help for such problems, may be referred, through the Department of Human Resources, to the appropriate health agency or private physician, on a voluntary basis. 19-2 The District will make available, through the Districts Employee Assistance Program (EAP), a comprehensive listing of self-help programs, mental health centers and other treatment facilities. 19-3 Confidentiality will be respected at all times by District employees. Article 20 - Reduction in Force (RIF) 20-1 Reduction in force shall be defined as the cancellation of an employment contract as a result of a necessary reduction in the work force due to decreased student enrollment, shortage of revenue or as otherwise provided in Colorado Revised Statutes. Such reductions shall be done in compliance with federal and state statutes, any existing court orders upon the District, and in a manner that will maintain the best educational program for the District. 20-1-1 If the District anticipates a reduction in staff, the Executive Director of Human Resources, prior to formal action, shall consult with the Association and provide information relative to the number, kind and reason for the anticipated staff reduction. 20-1-2 Normal attrition shall precede any reduction in force of regularly assigned teachers. 20-1-3 Required staff reductions should be done by endorsement area in reverse order of being hired as a teacher. 20-1-3-1 If hiring dates are identical, the tie shall be eliminated using the following criteria in descending order: The District contract experience in the subject area of program to be reduced; and, Highest degree held. 20-1-4 Upon final decision that a reduction of force will occur, the District shall provide the Association with data relative to the status of each bargaining unit employee whose job will be reduced. Such data shall include the name, certification and endorsement information, and hiring date. 20-1-5 Whenever possible, reductions in force will be limited to the end of the semester or school year. Affected teachers shall receive thirty (30) days written notice. 20-1-6 Upon the written request of the teacher identified for job reduction, the administration shall investigate all possible assignments for which the teacher is eligible. If the hiring date, certification and endorsement are in accord, the teacher shall be reassigned to another position for which qualified. 20-1-7 All staff members subject to cancellation of employment contracts shall not lose their prorated fringe benefits or salary afforded them under this Agreement. Neither shall other individual or supplemental employment opportunities or contracts be denied or negated. 20-2 No new staff members shall be employed by the District so long as there remain employees of the District whose contracts have been canceled unless those employees do not have proper certification, endorsement and qualifications to fill the vacancies which may occur. Such priority consideration will be for a period of three (3) years following the reduction. 20-2-1 Teachers will be hired in reverse order of reduction provided the teacher is certified and endorsed for the vacancy. 20-2-2 The District will send a registered or certified letter to the teacher's last known permanent address. It shall be the teacher's responsibility to notify the District of any change in the permanent address. 20-2-3 Teachers must accept the assignment within ten (10) days of the postmark date of the recall notice or the position will be offered to the next certified and endorsed teacher. The liability of the District to recall employees whose employment contracts have been canceled shall terminate if the employee does not accept re-employment. 20-2-4 When the former employee is re-employed, all accrued benefits at the time of the non-renewal shall be restored, including all eligible credit on the salary schedule. 20-3 Rights of Probationary Teachers in the event of a Reduction in Force. Should the District be forced to non-renew any probationary teacher in the event of a reduction in force, they will have the right to be considered for interviews for any previously posted and unfilled positions, and will be given preference over similarly qualified teachers without District teaching experience. Probationary teachers will have preference for a period of fifteen (15) months following the non-renewal of their contracts. In order to be notified of any such available positions, the probationary teacher whose teaching contract was non-renewed is required to notify the personnel office on a monthly basis of their availability for such interviews. Article 21 - Short Leaves of Absence 21-1 Sick Leave. 21-1-1 The District will allow ten (10) days of leave each year for teachers which may be used for the purpose of sick leave. 21-1-2 Sick leave is to be used for a teacher's own illness, illness of an immediate family member, or the death of a family member or friend. 21-1-3 Unused sick leave shall be accumulated from year to year. 21-1-4 The Sick Leave Bank will be continued under guidelines and procedures developed and administered by the Sick Leave Bank Committee approved by the District and the Association. Teachers may choose to enroll in the Bank during September of any year. During the month of November, one (1) day will be taken from the available sick leave of the participating teacher and contributed to the Bank. 21-1-5 Unused accumulated sick leave will be included in the Compensation for Unused Sick Leave Program of the District up to a total number of one hundred eighty four (184) days. See Article 31. 21-1-6 Because of the changes in this Article on Short Leaves of Absence effective January 1, 1991, it is the policy of the District that any teacher who accumulated sick leave days in excess of one hundred and ninety (190) days prior to December 31, 1990, shall continue to be credited with such accumulation, and such accumulation will be eligible for and included in the sick leave annuity program of the District.
21-1-7 Selling Sick Leave. Under the provisions below, teachers shall be allowed to convert unused sick leave from any one year to cash payments. Only unused sick leave from the previous school year shall be eligible for conversion by an individual. Balances from prior years will not be eligible. Conversion will be allowed only if the teachers sick day balance will be more than 10 days after the conversion. The calculation of the amount of sick leave that is eligible shall be made after any conversions from personal leave to sick leave have occurred. Conversions from personal leave to sick leave will occur no later than July 1. The conversion value shall be at the daily substitute teachers rate as defined in the contract. The dollar limit on conversion for any teacher shall be 3/181 times his/her annual base salary. There is an overall limit on conversions equal to the 2002-03 base year expenditures for substitute teachers minus the expenditures for the year in question. Both expenditures from the substitute teacher pool and for substitutes paid from the long-term leave pool shall be counted. The calculation shall include an adjustment to the base year for changes in the rate of substitute teacher pay subsequent to the base year. In the event that teacher requests for sick leave conversions exceed the limit in (d) above, the requests for conversion shall be prorated. Teachers will get a share of the available days proportional to their share of the requested days. Teachers shall file a request with the benefits office for conversion on or before June 1 or the end of school whichever is later of each year. The benefits office shall obtain the overall expenditure limit from the budget office and allocate amounts to each request in accord with the provisions above. The payments shall be made in the August paycheck. Teachers may elect to redirect the payment into a 403(b), a 457 or other approved plans subject to the rules of those plans. 21-2 Personal Leave. 21-2-1 Teachers will have up to four (4) days per year of personal leave. 21-2-2 It is intended that personal leave will be available only for reasons of hardship or other pressing or emergency need and not merely for personal convenience. Unused personal leave will be accumulated from year to year as sick leave. 21-2-3 Personal leave may not be used to extend a period of school intermission or used in conjunction with the observance of a Federal Holiday. 21-3 Legal Proceedings Leave. 21-3-1 Teachers shall be granted leave time necessary to make appearances in any legal proceedings connected with the teacher's employment. The teacher shall be required to present the subpoena or summons to verify the teacher's need for absence. 21-4 Additional Leave Restrictions. 21-4-1 Use of personal leaves may be restricted or denied by the District when an adequate supply of substitute teachers is not available. 21-4-2 To maximize continuity of instruction, personal leaves will not be granted during the first four (4) or last four (4) weeks of the school year except for urgent, documented reasons. 21-4-3 Application for leave for purposes other than sick leave shall be submitted to the principal on a District approved form at leave five (5) working days in advance except in case of emergency. 21-5 Professional Leave. Teachers shall apply for professional leave days using a procedure established by the principal. This procedure shall be presented by the principal to the faculty every year. The principal will make every effort to distribute the days fairly among the faculty. Article 22 - Extended Leaves of Absence 22-1 Unpaid leaves. Teachers will be granted the following extended leaves of absence according to the provisions set forth in Appendix B. association activities leave action, vista or peace corps military maternity, paternity, and adoption family illness extended personal illness elective office travel/study or research oversee dependent schools general leave corporate internship 22-2 Paid Leave. Teachers will be granted the following extended leaves of absence according to the provisions set forth in Appendix B. sabbatical leave vocational education proficiency leave These leaves may be paid. Refer to Appendix B. Short-term disability leave (formerly "Restoration of Health Leave") will no longer be available, effective September 1, 2003. Refer to Appendix B, 7 - Extended Personal Illness Leave and covered by Long Term Disability Insurance. 22-3 Applying for Leaves. Teachers requesting extended leaves of absence should apply by the date established to the Department of Human Resources. The Department of Human Resources will research availability of teachers, impact of the educational program, and impact on the District budget to determine if leaves may be granted. Requests for emergency leaves are accepted.
Article 23 - Association Rights 23-1 The Board recognizes the Association as the official organization to represent teachers. 23-1-1 The District will grant a leave of absence in one year increments to the President of the Association during the President's term in office. On an annual basis, the Association shall remit to the District the amount commensurate with salary and benefit costs of employing a replacement teacher. The President shall continue to receive full salary, benefits and all other entitlements while on such leave. At the conclusion of the term of office, the President shall have the same return to duty rights as stated in Appendix B, paragraph 1.b. 23-1-2 The Association President may visit schools for a specific purpose after notification to the office of the principal. The Superintendent and the Association President shall enter into a memorandum of understanding that will permit an authorized designee of the Association President to visit schools for a specific purpose after notification to the office of the principal. 23-1-3 Teacher organizations may utilize school facilities for meetings before or after the school day by making advance arrangements through the Office of Facility Use and pursuant to the same conditions as other community organizations. Teacher organizations do not have to pay for the use of the building before or after school hours if they furnish their own security and janitorial services. 23-1-4 The Association has the right to place notices, circulars, and other material on designated bulletin boards and in teachers' mailboxes. Such notices, etc. must be consistent with applicable legal guidelines and Board policy. An information copy of distributed notices, circulars, and other material shall be provided to the principal at the time of posting or distribution |
