BLS Contract Collection

Transcription

1 BLS Contrct Collection Title: Metpolitn Nshville Pulic Schools Bord of Eduction (MNPS) nd Met Nshville Eduction Assocition (MNEA), Ntionl Eduction Assocition (NEA), (25) (MA) K#: This contrct is pvided y the Mrtin P. Ctherwood Lirry, ILR School, Cornell University. The informtion pvided is for noncommercil eductionl use only. Some vritions fm the originl pper document my hve occurred during the digitiztion pcess, nd some ppendices or tles my e sent. Susequent chnges, revisions, nd corrections my pply to this document. The complete metdt for ech collective rgining greement cn e found t - For glossry of the elements see - For dditionl reserch informtion nd ssistnce, plese visit the Reserch pge of the Ctherwood wesite - For dditionl informtion on the ILR School - For more informtion out the BLS Contrct Collection, see r contct us: Ctherwood Lirry, Ives Hll, Cornell University, Ithc, NY ilrref@cornell.edu

2 25-26 Eductionl Agreement Metpolitn Nshville Bord of Pulic Eduction Pm Grrett, Chirmn Kthy Nevill, Vice Chirmn George H. Thompson, III, District 1 George Blue, District 2 Lis Hunt, District 5 Meenin Awipi, District 6 Edwrd Kindll, District 7 Kthleen Hrkey, District 8 Mrsh Wrden, District 9 Executive Bord of the Metpolitn Nshville Eduction Assocition Jmye Merritt, President Erick Huth, Vice President Nncy Hollnd, Secretry Id Gregory Brnes, Finnce fficer Vughn Hles, Prlimentrin Id Etter-Gregory, District I Chris Glenn, District II Stephen Henry, District III Mrk rmn, District IV Forrest Melton, District V Pul Smith, District VI Lee Roerts, District VII Iris Dismukes, District VIII Susn Floyd, District IX Fye Stewrt, TEA Director i

3 25-26 Eductionl Agreement NEGTIATINS UNCIL Representtives of the Metpolitn Nshville Eduction Assocition Erick Huth, Chirperson Memers nd Alterntes: m Bringer Vughn Hles Yvonne Jckson Dine Jrrell Roert Bohrer Helen McMckin Chris Psser Representtives of the Metpolitn Bord of Pulic Eduction Elizeth J. Keel, Ph.D., Chirperson Memers nd Alterntes: Chris Henson Sndy Johnson, Ed.D Lnce Lott Rlph Thompson ii

4 25-26 Eductionl Agreement TABLE F NTENTS INTRDUCTIN..vii APPRVAL F AGREEMENT..vii ARTICLE I PLAN FR THE NEGTIATINS UNCIL A. PREAMBLE. 1 B. REGNITIN.. 1 C. DEFINITINS. 1 D. PRINCIPLES... 1 E. PRCEDURES.. 2 F. SAVINGS CLAUSE 3 G. DURATIN AND AMENDMENT. 3 H. DATING NEW ENTRIES.. 3 I. PRINTING F AGREEMENT.. 3 ARTICLE II ASSCIATIN AND TEACHER RIGHTS A. ACADEMIC FREEDM 4 B. ASSCIATIN NTIFICATIN.. 4 C. FACULTY INVLVEMENT IN DECISIN-MAKING PRCESSES.. 4 D. TEACHER RIGHTS... 5 E. GRADING PRCEDURES.. 5 F. EVALUATIN F CERTIFICATED PERSNNEL.. 5 G. PERSNNEL FILES & INFRMATIN. 6 H. REDUCTIN IN PRFESSINAL STAFF 6 I. STUDENT DISCIPLINE 6 J. PAYRLL DEDUCTINS. 8 K. UNABRIDGED PLICY MANUAL.. 8 L. LCAL SCHL PLICIES AND PRCEDURES. 8 M. ASSCIATIN USE F SCHL FACILITIES... 8 N. MMUNICATIN T THE ASSCIATIN 9. FFICE SPACE IN RESIDENCE 9 P. NEW CERTIFICATIN REQUIREMENTS 9 Q. CERTIFICATIN IN SPECIAL EDUCATIN 9 ARTICLE III EMPLYMENT NDITINS A. SUMMER SCHL B. SUMMER EMPLYMENT 11 C. ADULT EDUCATIN. 12 D. TEACHER TRANSFER GENERAL PRVISIN.. 12 E. TEACHER INITIATED TRANSFERS.. 13 F. ADMINISTRATIVE TRANSFERS 13 G. RESIGNATIN PRCEDURES.. 14 H. PRMTIN PLICY.. 15 I. NN-DISCRIMINATIN J. AFFIRMATIVE ACTIN 15 K. T-SHA REPRT.. 15 L. PRFESSINAL PERSNNEL PRTECTIN. 15 iii

5 25-26 Eductionl Agreement M. PRCEDURES FR HANDLING PHYSICAL ASSAULT CASE N. ST F LSS AND DAMAGE T PERSNAL PRPERTY DUE T ASSAULT. 17. TRANSPRTATIN F STUDENTS SENDARY LIABILITY VERAGE 17 P. VEHICULAR DAMAGE. 17 Q. VACATIN.. 18 R. EXTENDED WRK YEAR S. PRINCIPAL DESIGNEE 18 T. PRINCIPAL INTERVIEW...19 U. PPRTUNITIES FR EDUCATINAL ADVANCEMENT V. LLABRATIVE PLANNING/STAFF DEVELPMENT DAYS.. 19 W. LLABRATIVE ASSESSMENT AND PLANNING DAYS.. 19 ARTICLE IV TEACHING NDITINS A. PLANNING TIME FR TEACHERS...2 B. FACULTY MEETING.2 C. PARTIAL DAY ABSENCE 2 D. DUTY-FREE LUNCH PERID 2 E. SUPPLEMENT PAYING PSITINS 2 F. IMPRVED PRCEDURES FR TEACHING MATERIALS/EQUIPMENT.21 G. ADMINISTRATIVE INFRMATIN MANAGEMENT SYSTEM (AIMS) H. INSTRUCTINAL MATERIALS AND SUPPLIES TEACHER FACILITIES & INPUT INT NSTRUCTIN F FACILITIES J. K-8, ART, MUSIC & PHYSICAL EDUCATIN TEACHERS K. NEW PRGRAM IMPLEMENTATIN.. 22 L. TEXTBKS. 22 M. PUBLICATIN F STAFFING RATIS AND PRCEDURES..23 N. WRK SPACE FR ITINERANT PERSNNEL AND P. E. TEACHERS. 23. HEALTH AND SAFETY. 23 ARTICLE V MPREHENSIVE STAFF DEVELPMENT PRGRAM A. PRFESSINAL GRWTH 24 B. FCUS F STAFF DEVELPMENT ACTIVITIES.. 24 ARTICLE VI TEACHER WRKDAY, RESPNSIBILITIES AND DUTIES A. TEACHER RESPNSIBILITIES AND NN-INSTRUCTINAL DUTIES. 25 B. REPRTING F ABSENCES. 25 C. TEACHER WRKDAY.. 25 D. ARRIVAL AND DEPARTURE TIMES. 25 E. HIGH SCHL TEACHING LADS...25 F. SMKING PLICY 25 ARTICLE VII LEAVES F ABSENCE A. SICK LEAVE B. SICK LEAVE BANK C. JB RELATED INJURY 28 D. BEREAVEMENT LEAVE.. 29 iv

6 25-26 Eductionl Agreement E. PERSNAL LEAVE F. PRFESSINAL LEAVE. 3 G. FAMILY & MEDICAL LEAVE ACT (FMLA) 3 H. MILITARY LEAVE.. 32 I. PLITICAL LEAVE 33 J. EXTENDED PRFESSINAL DEVELPMENT LEAVE K. ASSCIATIN LEAVE. 35 L. RELIGIUS RITE R RDINANCE.. 35 M. ASSCIATIN PRESIDENT N. ASSCIATIN FFICE 35. SPECIAL LEAVE PEACE RPS/GVERNMENT APPRVED ACTIVITY.. 35 P. URT APPEARANCE PLICY 36 Q. PLACING TEACHERS RETURNING FRM LEAVE.. 36 R. LEAVE WITHUT PAY. 36 S. ACCRUED BENEFITS UPN RETURNING FRM LEAVE.. 36 ARTICLE VIII PRFESSINAL MPENSATIN A. WRK YEAR AND PAY SCHEDULE 37 B. ADMINISTRATIVE SALARIES 37 C. LNG-RANGE GALS FR MPENSATIN. 37 D. TERMINAL PAY AT RETIREMENT 37 E. SALARY SCHEDULE 39 F. ADMINISTRATIVE SALARY.41 G. MILEAGE. 42 H. SALARY SUPPLEMENTS ANNUAL LEAVE PAYMENT UPN DEATH R RETIREMENT.. 43 J. EXTRA MPENSATIN PAYMENT K. VLUNTARY WRKSHPS AND TRAINING ACTIVITIES 43 L. INSURANCE BENEFITS.. 43 M. WELLNESS. 44 N. EMPLYEE ASSISTANCE PRGRAM 44. MARTIN LUTHER KING HLIDAY. 44 P. PTINAL INSTRUCTINAL PREPARATIN PAY.. 44 Q. NATINAL BARD CERTIFICATIN 44 ARTICLE IX GRIEVANCE PRCEDURE..46 ARTICLE X UNCILS AND MMITTEES A. PRFESSINAL UNCIL 49 B. CURRICULUM ADVISRY UNCIL C. FACULTY ADVISRY UNCIL 51 D. SCHL CALENDAR ADVISRY MMITTEE 52 E. STAFF DEVELMENT GVERNANCE UNCIL.52 F. JINT MMITTEES G. PEER ASSISTANCE, LEADERSHIP & SUPPRT (PALS) PRGRAM.. 54 ARTICLE XI INSTRUCTINAL PRGRAM A. LITERACY STANDARDS FR STUDENTS 56 B. NTINUITY F INSTRUCTINAL PRGRAM 56 v

7 25-26 Eductionl Agreement C. SHARED EVALUATINS. 56 APPENDIX A. STIPENDS FR PERATING TEACHER.. 57 B. MATERNITY LEAVE. 57 C. EDUCATN TRUTH IN REPRTING 57 D. MEMRANDUM F AGREEMENT N SUPPLEMENT PAY SCHEDULE 59 E. MEMRANDUM F AGREEMENT N SAFETY AND SECURITY.59 F. MEMRANDUM F AGREEMENT N INCENTIVE MMITTEE.6 G. MEMRANDUM F AGREEMENT N LAYFF AND RECALL/ADMINISTRATIVE TRANSFERS...6 H. MEMRANDUM F AGREEMENT N INCREASE IN BEP FUNDING..6 I. MEMRANDUM F AGREEMENT N WELLNESS..6 J. MEMRANDUM F AGREEMENT N PLANNING DAYS 61 vi

8 25-26 Eductionl Agreement INTRDUCTIN The pvisions included in this edition of the Eductionl Agreement represent the cumultive results of severl yers of negotitions etween the Met Nshville Eduction Assocition nd the Bord of Eduction of the Metpolitn Nshville Pulic Schools. As gup they represent mutul greement etween the certificted employees nd the Bord of Pulic Eduction. Ech summer new pvisions nd/or modifictions of erlier pvisions re incorported into the greement sed on negotitions sessions, which tke plce the preceding spring. The representtives of the Bord of Eduction nd MNEA re dedicted to fully implementing the policies in this greement. Both prties recognize tht these policies re imperfect nd re committed to further impvements, which will enefit techers, the system nd ultimtely the students of Met Nshville. It is hoped tht you will keep this ooklet ville for redy reference thughout the school yers. Appvl of Agreement This document ws rtified y the Metpolitn Nshville Eduction Assocition on June 2, 25, nd y the Metpolitn Bord of Pulic Eduction on August 9, 25. Appved y Pm Grrett, Chirmn Metpolitn Nshville Bord of Eduction vii

9 A. PREAMBLE Eductionl Agreement ARTICLE I PLAN FR THE NEGTIATINS UNCIL The Bord of Eduction of Metpolitn Nshville Pulic Schools (MNPS) hereinfter referred to s "Bord" nd the Metpolitn Nshville Eduction Assocition (MNEA) which represents mjority of the certificted employees, hereinfter referred to s "Assocition" do herey gree tht the welfre of the children of the Met School System is prmount in the opertion of the schools nd will e pmoted y oth prties. The prties do herey gree s follows: B. REGNITIN 1. The Assocition recognizes the Bord s the leglly ppointed representtive of the people of Nshville-Dvidson County nd s the employer of the certificted personnel of the MNPS. 2. The Bord recognizes the Assocition s representtive of the certificted personnel employed y the Bord, pvided, however, tht nothing contined herein shll phiit ny employee fm ppering efore the Bord on his or her own ehlf. 3. The purpose of this recognition is the mutul greement tht the prties will cooperte with regrd to ll mtters of common concern nd use pfessionl nd eductionl chnnels in reching greements. C. DEFINITINS "Employee" nd "Techer"--The terms "employee" nd "techer" shll e used interchngely nd shll include techers, ssistnt principls, principls, supervisors, directors, nd ll other certificted personnel of the Bord, unless otherwise indicted or differentited in this Agreement. (1997) D. PRINCIPLES 1. Attinment of ojectives of the eductionl pgrm of the district requires mutul understnding nd coopertion mong the Bord, the Director, his stff, nd the pfessionl teching personnel. The Assocition recognizes nd supports the principle of ly contl of the eductionl pgrm nd tht it is the duty nd right of the Bord of Eduction to determine policies governing the opertion of the school system nd tht it is the responsiility of the Director to dminister ll policies. The Assocition nd the Bord oth recognize tht the development of policy is mutul nd joint responsiility. 2. It is recognized tht teching is pfession requiring specilized qulifictions, nd tht the success of the eductionl pgrm in the district depends upon the mximum utiliztion of the ilities of techers in the development of policies nd pgrms. It is recognized tht the Assocition hs responsiilities for mintining nd impving stndrds of pfessionl preprtion, prctice nd stnding s well s prticipting in development of policy. 3. It is further recognized tht techers hve the right to join, or not to join ny orgniztion for their pfessionl or economic impvement nd tht memership in ny orgniztion shll not e required s condition of employment. 4. The Bord nd the Assocition recognize tht the est interest of pulic eduction will e served y estlishing pcedures to pvide n orderly method for the Bord 1

10 25-26 Eductionl Agreement nd representtives of the Assocition to rech mutul greement nd support of policies nd pgrms dopted or modified y the Bord. These policies would include such items s: the conditions of employment which will ttrct nd retin superior teching force in the district such s slry schedules nd their ppliction, fringe enefits, inservice nd pfessionl gwth pgrms, clss size, teching nd clssom conditions, student teching pgrms, ressignment, evlution, discipline, pmotion, grievnces, other relted personnel policies, nd other mtters of concern of the pfessionl personnel nd the Bord. 5. The Bord nd the Assocition gree to complete the economic issues in the negotitions pcess in time to e rtified nd included in the school udget sumitted to the myor. (1993) E. PRCEDURES 1. There is herey estlished Negotitions Council consisting of five (5) memers representing the Bord nd five (5) representtives of the Assocition. The Chirmn of the Bord, or nother memer ppointed y him, nd the President of the Assocition, or memer of the Executive Bord ppointed y him, my ttend meetings of the Council s oservers. 2. Since the purpose of the Council is to ring out mutully supported policies nd pgrms, pposls nd counter-pposls my e freely presented nd exchnged y representtives of the Bord nd the Assocition representtives. Meetings re to e held on cll y either the Assocition or the Bord, t which time the purpose of the meeting will e stted. Such meetings shll e held within fifteen (15) dys of the request, unless mutully extended. Techer memers of the Negotitions Council, not to exceed seven (7), will e relesed fm school duties without loss of slry to ttend ny meetings scheduled during school hours. 3. Ech prty shll hve the right to utilize, jointly or seprtely, the services of consultnts who my mke reports directly to the Council. 4. The Bord nd the Director gree to furnish to the Assocition's representtives, in ccordnce with their resonle requests, ll ville informtion concerning finncil resources of the district, tenttive udgetry requirements nd lloctions, nd such other informtion s will ssist the Assocition in developing intelligent, ccurte nd constructive pposls on ehlf of techers, students, nd the eductionl pgrm. 5. When the Bord nd Assocition representtives hve reched written pposed greement, it shll e presented first to the Assocition nd then to the Bord for considertion. 6. If the Council is unle to gree on pposl, the respective representtives should seek further instructions fm their respective gups. All resonle mens, including expert guidnce should e employed in n effort to rech greement nd mutully supported recommendtion y the memers of the Council. 7. If forty-five (45) dys prior to the end of the fiscl yer, the Assocition or the Bord representtives re of the opinion tht the Council cnnot rech mutully supported recommendtion to the Assocition nd the Bord, such filure shll e reported to the Executive Bord of the Assocition nd the Bord of Pulic Eduction. The report shll e reduced to writing setting forth those mtters greed upon nd those mtters in conflict stting the resons on ech side for such conflict. Upon the request of the Executive Bord or the Bord of Pulic Eduction, joint conference to ttempt to resolve the differences shll e clled within fifteen (15) dys, unless mutully extended. 2

11 25-26 Eductionl Agreement 8. Should no greement ensue fm the joint conference etween the Executive Bord of the Assocition nd the Bord of Pulic Eduction, dispute settlement pcedures s follows my e invoked y either prty: F. SAVINGS CLAUSE If thirty (3) dys prior to the end of the fiscl yer, the Bord nd the Assocition cnnot come to mutul understnding concerning mtters efore the NC, either prty my request tht the Federl Medition nd Concilition Service ppoint meditor fm its stff. The meditor shll meet with the prties or their representtives, or oth, forthwith, either jointly or seprtely, nd shll tke such steps, s he my deem ppprite, to persude the prties to resolve their differences nd effect mutully cceptle greement. All costs for this service shll e shred eqully y the Bord nd the Assocition. If greement cnnot e reched thugh deliertion with meditor, the Bord shll hve the responsiility for finl decision. Should ny rticle, section, or cluse of this greement e declred illegl y court of competent jurisdiction, sid rticle, section, or cluse, s the cse my e, shll e utomticlly deleted fm this greement to the extent tht it violted the lw. The remining rticles, sections, nd cluses shll remin in full force nd effect for the durtion of the greement if not ffected y the deleted rticle, section, or cluse. The deleted rticle, section, or cluse shll e rewritten within thirty (3) dys unless extended y mutul greement. G. DURATIN AND AMENDMENT This pln shll e in full force nd effect for period of one (1) yer fm the effective dte hereof. The pln will utomticlly continue in force unless either prty requests termintion thirty (3) dys prior to the expirtion dte. It my e mended y mutul greement t ny time. H. DATING NEW ENTRIES As of July 1, 1993, ny entries dded to the Eductionl Agreement will indicte the yer of ppvl. (1993) I. PRINTING F AGREEMENT The costs of printing the Eductionl Agreement shll e orne eqully y the Bord nd the Assocition. Both MNEA nd the Bord gree to work coopertively to expedite the printing nd distriution of the Eductionl Agreement. 3

12 A. ACADEMIC FREEDM Eductionl Agreement ARTICLE II ASSCIATIN AND TEACHER RIGHTS The schools seek to educte people in the democrtic trdition; to foster recognition of individul freedom nd socil responsiility; to inspire meningful wreness of, nd respect for, the Constitution nd the Bill of Rights; nd to instill pprecition of the vlues of individul personlity. It is recognized tht these democrtic vlues cn est e trnsmitted in n tmosphere which is free fm censorship nd rtificil restrints upon free inquiry nd lerning, nd in which cdemic freedom for techer nd student is encourged. Acdemic freedom shll e gurnteed to techers in order to crete in the clssom n tmosphere of freedom, which permits students to rise questions deling with criticl issues of the time nd which mintins n tmosphere conducive to the study, investigtion, presenttion nd interprettion of fcts which stress the interply of ides. In ddition, the techer is responsile for exercising his/her judgment in selecting for discussion those relevnt issues which he/she my deem ppprite to the mturity nd understnding of the students involved. Freedom of individul conscience, ssocition nd expression will e encourged, nd firness in pcedures will e oserved oth to sfegurd the legitimte interest of the schools nd to exhiit y ppprite exmples the sic ojectives of democrtic society. Techers will e entitled to full rights of citizenship. No lwful religious or politicl ctivity of ny techer will e gunds for discipline or discrimintion with respect to the pfessionl employment of such techer. Pfessionl eductors should recognize tht cdemic freedom is not n solute, nd it must e exercised within the sic ethicl responsiilities of the teching pfession. As outlined in the NEA Code of Ethics dted July 3, 197, these responsiilities include: 1. Commitment to the Student 2. Commitment to the Pulic 3. Commitment to the Pfession 4. Commitment to Pfessionl Employment Prctices B. ASSCIATIN NTIFICATIN The Administrtion shll notify the Assocition thugh the Pfessionl Council prior to recommending to the Bord ny policy ffecting techers. C. FACULTY INVLVEMENT IN DECISIN-MAKING PRCESSES Eductors re held ccountle for the success of the eductionl pcess. Therefore, the Metpolitn Nshville Bord of Eduction nd the Metpolitn Nshville Eduction Assocition recognize the necessity for involving fculties in the decision-mking pcess. When fesile during workshops nd locl inservice, techers nd principls will explore nd discuss wys of orgnizing schools for impved pgrms. Where pplicle, locl stffs will consider differentited stffing, which would include identifying nd descriing vrious functions within the school setting tht cn e performed y pr-pfessionls, tem teching, vrile student guping, etc., which might mke possile the reconstruction of instructionl stffs, instructionl ptterns, nd school orgniztion. When necessry, techers will devote the necessry time eyond the norml school dy in order to ccomplish the ove ojective. 4

13 25-26 Eductionl Agreement D. TEACHER RIGHTS 1. Reprimnds nd grievnces shll e conducted in privte. An ffected techer shll, however, hve the right, in ll such instnces, to request the presence of certificted employee orgniztion representtive t sid interview nd, when such request is mde, the interview will not pceed until the representtive is in ttendnce. 2. Techers shll e fforded due pcess to insure tht ny dverse ction shll e for just cuse nd cn e delt with firly nd equitly. 3. Any pfessionl recommended for suspension to the Director of Schools shll e grnted hering on the question of suspension efore the Director of Schools within ten (1) working dys fm the dte of such recommendtion. Prior to the hering, nd prior to the imposition of suspension y the Director of Schools, the pfessionl shll remin in full-py sttus. The MNEA shll e notified immeditely whenever suspension is recommended to the Director. 4. Except for cses of extreme emergency, techers clled to the office for conference concerning student or prent shll e notified of the reson prior to the conference. (1997) 5. Any complints regrding n employee mde to n dministrtor y prent, student, or other person shll e pcessed ccording to Bord Policy #13. E. GRADING PRCEDURES Appved pcedures for the evlution of student pgress nd the reporting of such shll e mde ville to principls for distriution to techers. If the ppved pcedures pvide for optionl reporting forms, the locl school principl nd fculty, working coopertively with the dministrtion, shll e llowed to select those they find most ppprite. Techers shll hve the right nd responsiility to determine grdes nd student pmotions. An dministrtive chnge in techer's decision on grde or pmotion shll not e mde without prior consulttion with the techer. A techer my request tht the decision of the principl or the results of the consulttion e reviewed y the ppprite ssistnt superintendent or designee. Grdes shll e recorded on officil school records including report crds nd permnent student records in the mnner prescried y the centrl dministrtion. Techers my use percentge nd/or letter grdes for individul record keeping in grde ooks. If the techer's individul method of record keeping vries fm the method prescried for the officil recording, n explntion or key shll e filed with the uilding principl efore the first grding period nd shll lso e ffixed to the fnt pge of the grde ook. F. EVALUATIN F CERTIFICATED PERSNNEL Appved evlution pcedures for certificted personnel shll e mde ville upon request y the employee. Copies of the guidelines for conducting evlutions shll lso e mde ville. All evlutions shll e conducted ccording to the ppved pcedures. Techers will e given copy of ny evlution report nd will discuss such report with the person prepring it efore it is sumitted to the techer's permnent file. The techer shll e requested to ffix his/her signture to indicte tht he/she is wre of the contents of the report. Such signture does not necessrily indicte greement with the content of the report. The Pfessionl Council will hold discussions out the pcess for determining pposed chnges. 5

14 25-26 Eductionl Agreement G. PERSNNEL FILES & INFRMATIN 1. Ech techer shll hve the right, upon request, to review the contents of his/her own personnel file. A representtive of the Assocition my, t the techer's request, ccompny the techer in this review. The review shll e mde in the presence of the Assistnt Superintendent for Humn Resources or designee. 2. No mteril of degtory nture will e plced in the permnent personnel file of techer without the techer's prior knowledge of the content of the mteril nd the dte of plcement in the file. Upon request y the techer, response my e ttched to the mteril. (1999) 3. The tier-level ssistnt superintendents shll notify principls of the need to mintin confidentility of personl informtion out stff memers, which hs not een mde prt of their officil records, y not including it in ny electnic system which my e trnsmitted thughout the school network. In order to mke the informtion more redily ville this rticle shll e cited in the District Stndrd perting Pcedures (DSP) mnul. 4. Supervisors, uilding principls, nd deprtment nd division heds will e responsile for hndling other sensitive documents of personl nture in mnner which complies with the requirements of the Americns with Disilities Act, HIPPA, other pertinent federl sttutes, nd the Tennessee pen Records Act. (1999) 5. Prior to use for evlution or for mking ny record of permnence, ll degtory informtion tht n dministrtor hs reltive to n employee must e shown to tht employee upon request. 6. The Humn Resources Deprtment will mintin list of certificted personnel contining res of certifiction nd length of service for reserch purposes. Upon resonle justifiction, employees my review this informtion. H. REDUCTIN IN PRFESSINAL STAFF When stff reductions mong certificted personnel re necessitted y decrese in enllment, udgetry restrictions, or phsing out of pgrms, reductions shll e mde first y reverse order of seniority within the re of techer certifiction, nd then considertion shll e given to cdemic pgrm needs y suject re or grde level. All certificted personnel terminted for the resons stted ove shll e re-employed in order of system seniority within their re(s) of certifiction s vcncies occur nd consistent with Title 49 of Tennessee Code Annotted. (1999) I. STUDENT DISCIPLINE 1. System-wide discipline regultions, The Code of Student Conduct, shll e pulished nd distriuted to students ech yer. The Administrtion shll clerly indicte the intent of the Bord to enforce these regultions nd mintin n orderly lerning envinment in the schools. Techers enforcing these regultions will hve the support of the Bord nd Administrtion. The ehvior of students will e in conformnce with system-wide regultions. Filure to conform shll suject student to disciplinry ction. 2. The Bord nd the Assocition recognize tht effective clssom teching nd lerning is dependent upon techer mngement of the clssom nd the sence of disruptive ehvior on the prt of the students. The Bord herey recognizes its responsiility to support techers with respect to mintennce of contl nd discipline in the school within the frmework of Bord Policy. 6

15 25-26 Eductionl Agreement 3. Whenever it ppers tht prticulr pupil requires the ttention of specil counselors, socil workers, lw enforcement personnel, the Administrtion will tke positive steps to secure the ppprite services. 4. If techer in school is concerned with the mnner in which ehviorl plems re eing djusted within tht school, the mtter will e discussed etween the techer nd the principl. If the mtter is not stisfctorily resolved t tht level, the techer nd/or principl my use pper nd estlished orgniztionl chnnels for resolution of the difference. (1995) 5. Individul records on student discipline will e mde ville to the techer concerned s n id for determining disciplinry recommendtions concerning prticulr pupils. (1995) 6. The generl purpose of this pvision shll e to pvide concise informtion for oth techer nd principl to ssist them in coopertively mintining the est possile lerning envinment. Mintennce of pper student ehvior, generlly, is the concern of the entire pfessionl stff. Mintennce of pper student ehvior in the clssom is primrily the responsiility of the techer. However, techer will direct pupil to the Principl or designee when the seriousness of the ehvior, the persistence of the misehvior, or the disruptive effect of the violtion mkes the continued presence of the student uncceptle. (23) In such cses, the techer will immeditely furnish the Principl or his/her designee with knowledge of the referrl nd s soon s possile, ut no lter thn the conclusion of tht school dy, the full detils of the incident leding to the dismissl nd concise written sttement descriing the disciplinry steps tken y the techer efore referrl to the Principl or his/her designee. The techer shll redmit the pupil upon the written uthoriztion of the Principl or his/her designee. A concise written communiction of the ction tken y the Principl or his/her designee to ssist the techer nd/or pupil shll e pvided. (23) 7. If, in the judgment of either the principl or his/her designee nd/or the techer, conference is necessry, it will e held s soon s possile. The conference should include, s required, the techer, principl nd such other persons s my contriute to the resolution of the plem. If stisfctory steps do not result fm this conference, the principl my, fter consulttion with the techers who serve the student, schedule nother conference involving the ppprite dministrtor or designee nd such other persons s my contriute to solution of the plem. 8. The principl my suspend student fm ttendnce t school, including its sponsored ctivities, or fm riding school us in ccordnce with the rules nd regultions of the Bord of Eduction nd Tennessee Code Annotted. (1995) A student my e excluded fm further ttendnce in the Metpolitn Pulic Schools. 9. Corporl punishment is phiited ccording to District Policy. 1. Techers re expected to exert their est efforts nd pfessionl judgment to mintin discipline in the school. If fights involving students do occur on school pperty, techer is expected to do wht ny resonle person would do under the circumstnces. If circumstnces wrrnt nd permit, techer is llowed, ut not required, to use physicl restrint to stop the fight. If the techer determines tht he/she cnnot stop the fight, or tht physicl restrint is not resonle, ssistnce should e requested immeditely. (1999) 7

16 25-26 Eductionl Agreement 11. At the eginning of ech school yer, systemwide commitment for estlishing nd mintining orderly nd effective clssoms nd schools will e demonstrted y focusing on the ehviorl expecttions of students nd empowering techers to ecome ctive prticipnts in the development nd implementtion of locl school discipline plns. This ojective will e chieved y:. Reserving portion of one of the stte-mndted inservice dys for the purpose of ddressing the issue of student discipline.. Pviding time for the locl school discipline committees to gther fculty input for n effective discipline pln or to re-exmine with the fculty the pln in existence with regrd to its effectiveness in ddressing the schoolwide discipline concerns. c. Prior to the end of the first six-weeks grding period, the fculty discipline committee shll hve completed the development or re-exmintion of the locl schoolwide discipline pln to ssure tht the desired expecttions nd outcomes for students nd stff re effective. After strtegies for impvement hve een exmined, the pln shll e sumitted to the Assistnt Superintendent of Student Services. (1995) J. PAYRLL DEDUCTINS Whenever duly uthorized y ny techer on form or forms ppprite for such purposes nd consistent with regultions estlished y the Business Services Division, pyll deductions for memership dues of the Assocition shll e mde in ccordnce with such form or forms. Pyll deductions for memership dues my e initited t ny time, pvided the Business ffice receives the pyll deduction crds requesting deduction ten (1) dys in dvnce of the first pyll check tht will e ffected. The Assocition grees to deliver to the Met Schools Business ffice n officil list, including supporting documenttion, of those persons cnceling pyll deduction for continuing memer dues for the following school yer no lter thn June 3. Authoriztion for pyll deduction for other purposes my e dded y mutul greement. (1999) The Bord shll e held hrmless s to ny liility relted in ny wy to the deduction of such dues. (1999) K. UNABRIDGED PLICY MANUAL A complete nd up-to-dte copy of ll Bord of Pulic Eduction policies shll e plced on the District we site. (23) L. LCAL SCHL PLICIES AND PRCEDURES 1. Ech certificted employee shll e given written list of policies nd pcedures of his/her individul school t the time of his/her ssignment to tht school. In the development of locl school policies nd pcedures, it is recognized tht Stte policies nd locl Bord policies nd pcedures supersede those of locl schools. 2. The nnul udit of the locl school's finncil receipts nd disursements shll e mde ville to the fculty within fifteen (15) dys fter the opening of school or within ten (1) dys if the udit is received during the school yer. M. ASSCIATIN USE F SCHL FACILITIES Suject to the Bord's retention of the right of prior ppvl thugh the ppprite Administrtive ffice, duly uthorized representtives of the MNEA my use school uildings for officil orgniztion usiness pvided tht pyment for ny direct costs re mde nd tht such meetings do not interfere with the norml opertion of the school nd further 8

17 25-26 Eductionl Agreement pvided no orgniztion views on mtters relting to techer school or Bord-orgniztion reltionships will e discussed in the presence of students. 1. The Mondy of ech month preceding the MNEA Representtive Assemly shll e set side for MNEA fculty meetings, if needed, or fculty meetings t which MNEA mtters re first on the gend. Attendnce t MNEA fculty meeting is voluntry. The MNEA Fculty Representtive or his/her designee shll chir the meeting or the prt of the meeting which hs MNEA gend items. 2. Meetings of the Assocition, whether in gups within school or generl meetings, shll e rrnged for in dvnce thugh the office of the school where the meeting is to e held. 3. The Assocition shll hve the right s techer orgniztion to post notices of its ctivities nd mtters of orgniztion concern on techer ulletin ords. At lest portion of one (1) or more shll e pvided in ech school uilding. 4. Authorized representtives of the Assocition will ssume responsiility for posting or distriuting mteril for the Assocition. 5. An informtion copy of distriuted notices nd other mterils shll e sent to the principl nd Director of Schools t the time of posting of distriution. 6. The Assocition will hve the right to use the regulr inter-school mil delivery system to distriute officil Assocition mterils, including pickup fm nd delivery to MNEA office. 7. Any communiction posted on ulletin ord or sent thugh school mens of distriution or plced in employee miloxes y the MNEA shll hve pper identifiction of the MNEA. 8. Except for MNEA's elections, politicl cmpign literture shll not e posted on school ulletin ords or distriuted thugh school mils y the MNEA or ny of its memers, unless ppved y the Bord nd the Director of Schools. N. MMUNICATIN T THE ASSCIATIN In order to pvide for etter communiction etween the MNEA nd the vrious deprtments within the school system, ll deprtments shll forwrd to the MNEA informtion copies of ppprite communictions, including ll mterils pvided to the Press.. FFICE SPACE IN RESIDENCE The Bord recognizes tht, in order for techers to ccomplish their jos effectively, it will usully e necessry to hve n office in prt of their residences for the purpose of preprtion, grding ppers, storge of mterils nd other functions relted to the prctice of their pfession. The Bord of Pulic Eduction shll not e responsile for this office. P. NEW CERTIFICATIN REQUIREMENTS When the locl school system is informed of new certifiction requirements y the Stte Deprtment of Eduction, the Humn Resources Deprtment will mke resonle effort to pvide informtion out the new requirements to ffected personnel. Q. CERTIFICATIN IN SPECIAL EDUCATIN When new certifiction stndrds re required in specil eduction, the school system will pvide informtion out the new requirements to ffected personnel. The system shll ttempt to fcilitte the efforts of the individul techer to meet nd comply with the new 9

18 25-26 Eductionl Agreement certifiction stndrds y mking n effort to pvide notifiction of ville opportunities in re colleges nd universities. The Director of Schools shll pply for wiver within the context of Stte Deprtment of Eduction nd/or Stte Bord of Eduction Rules nd Regultions to ssist n employee who hs demonstrted resonle effort ut is unle to meet the new certifiction stndrds. 1

19 A. SUMMER SCHL Eductionl Agreement ARTICLE III EMPLYMENT NDITINS 1. A sttement of ll suject re systemwide enrichment pgrms in grdes 1-3 nd credit nd pmotion offerings for summer school techers shll e dequtely pulicized y the Director of Schools nd shll e posted in ech school uilding s erly s possile. Techers who hve pplied for such summer school positions shll e notified of the ction tken regrding their pplictions s erly s prcticle nd under norml circumstnces not lter thn My 1. (1995) 2. All summer school positions nd ny offer of employment re contingent upon sufficient enllment nd ility to finnce. 3. In filling summer school positions, priority plcements will e given to creer ldder techers with ssignments consistent with the system's creer ldder needs ssessment. The school system will ssign summer school personnel with respect to diversity of rce nd sex to ech uilding where possile. (1995) 4. Positions in summer school clsses will, to the extent possile, e filled y regulrly ppointed pfessionl personnel in the Metpolitn Nshville Pulic Schools who pln to return to the system for the ensuing school yer.. Preference will e given to personnel who, during the regulr school yer, re clssom techers hving tenure in Metpolitn Nshville Pulic Schools nd teching in the re for which they re requesting summer school employment.. Second choice shll go to non-tenure techers in Metpolitn Nshville Pulic Schools who re teching in the re for which they re requesting summer school employment. c. Third choice shll e fm clssom techers in Metpolitn Nshville Pulic Schools, certified ut not presently teching in the re for which they re mking ppliction. d. Fourth choice shll e fm certified pfessionl personnel who re not clssom techers. 5. In res where there re more qulified pplicnts for summer school thn positions ville, preference shll e given to pplicnts who hve tught not more thn two (2) summer sessions immeditely pceeding the current yer. 6. All summer school techers will e pid t the sme hourly rte of py. (The current Bord ppved rte is ( $16.76 per hour strting July 1, 25) Beginning with the school yer, ll slry schedule increses will lso pply to the summer school rte of py. (25) B. SUMMER EMPLYMENT The Humn Resources Deprtment shll nnounce possile clssified summer employment ville to techers during April of ech school yer. A list of techers interested in such employment shll e mintined y Humn Resources. Preference will e given to personnel who, during the regulr school yer, re employees of the Metpolitn Nshville Pulic School System. 11

20 25-26 Eductionl Agreement C. ADULT EDUCATIN 1. Clsses in Adult Eduction re offered ech fll nd spring. Applictions for teching must e sumitted to the ffice of Adult Eduction t lest three (3) months prior to the eginning of the next session. An ppliction my e sumitted for teching clss normlly tught in the regulr pgrm or one in which the pplicnt hs specil interest nd/or skill. Any offer of employment is contingent upon sufficient enllment nd ility to finnce. 2. Positions in Adult Eduction will, to the extent possile, e filled y regulrly ppointed pfessionl personnel in the Metpolitn Nshville Pulic Schools.. Preference will e given to personnel hving tenure nd presently teching in the re for which they re mking ppliction.. Second choice shll go to non-tenure techers. c. Third choice shll go to pfessionl personnel who re not presently teching in the re for which they re mking ppliction. d. Fourth choice shll go to those who re not regulrly ppointed pfessionl personnel in the Metpolitn Nshville Pulic Schools. 3. In filling Adult Eduction positions, considertion will e given to mintining rcil lnce consistent with tht of the regulr school pgrm, nd mking ppointments with no discrimintion sed on gender. D. TEACHER TRANSFER -- GENERAL PRVISINS 1. Seniority shll e determined y the most recent dte of continuous employment. Appved leves shll not e considered rek in employment nd shll hve no impct on seniority. 2. Trnsfers my e mde t the request of the techer, principl, or my e initited y the Director of Schools nd his/her stff for ny purpose tht in the judgment of the Director of Schools is for the welfre of the techer or the schools. The ppvl of the Director of Schools or his/her designee is required for ny trnsfer. (25) 3. The principl criterion for considertion of request for trnsfer is whether or not the request will result in the est eductionl pgrm for the school system. The Bord nd the MNEA recognize tht eductionl pgrms re fcilitted y the selection of school fculties which re well lnced in terms of the techers' trining, experience, specil qulifictions nd interests, gender, rce, ge, nd length of service. Creful considertion will e given to ech of the ove when filling vcncies in order to chieve pper lnce of techers on ny locl school fculty. (25) 4. Furthermore, there shll e no discrimintion in the filling of positions, dministrtive or clssom, ecuse of rce, creed, religion, or gender. (25) 5. The Bord nd MNEA shll continue their efforts to chieve nd mintin integrtion nd rcil lnce of school fculties, nd no portion of the trnsfer pcedures shll e interpreted in such mnner s to hinder their efforts. 6. When techer is newly ssigned or is trnsferred etween schools, grde levels, nd/or suject mtter res, every effort will e mde to pvide necessry mterils for tht suject or grde to set up the clssom. 12

21 25-26 Eductionl Agreement 7. Continuing techers presently teching outside their re(s) of certifiction shll e plced in vcncies in their re(s) of certifiction efore new techers re ssigned. Exceptions must e in ccordnce with Stte regultions. (25) E. TEACHER INITIATED TRANSFERS 1. Not lter thn April 1, the Assistnt Superintendent of Humn Resources shll hve posted in the office of ech school list of the known vcncies y loction nd certifiction for the ensuing school yer. Such list shll include ll vcncies in positions of dministrtion, counselors, techers of exceptionl children, other specil teching res, s well s regulr teching ssignments. A copy of the current trnsfer form will e ttched to ech list of vcncies. The uilding principl shll cll specil ttention to vcncies in the locl school so tht considertion my e given to techers in tht locl school for filling such vcncies. The MNEA recognizes tht some vcncies will e in dout, ecuse pgrms nd udgets will e suject to chnge. 2. Before chieving tenure sttus, techers shll e eligile for trnsfer only etween their first nd second yer of service to MNPS. Exceptions for voluntry trnsfers t other times my e mde for extenuting circumstnces s ppved y the Assistnt Superintendent of Humn Resources. (25) 3. Any techer receiving Bord-pid trining in Pidei, Montessori, or Interntionl Bcclurete (IB) methods, must remin in sid pgrm for three (3) yers efore pply for voluntry trnsfer. This trnsfer limittion only pplies to those techers voluntrily trnsferred in Pidei, Montessori, or IB pgrm fter July 1, 25. Exceptions my e mde for extenuting circumstnces s ppved y the Assistnt Superintendent of Humn Resources. ther specilty trining tht my limit voluntry trnsfers cn only e dded to this susection y the mutul consent of the MNEA nd MNPS. (25) 4. Techers who desire trnsfer shll otin fm the principl or the Humn Resources Deprtment set of Request for Trnsfer forms nd send one (1) copy of the request to the Humn Resources Deprtment, 261 Brnsford Avenue, y April 15 of ech yer. Trnsfer requests my include, ut not e limited to, the posted vcncies. 5. If techer does not wish to e considered for vcncies which occur in the summer, the techer must cncel the request for trnsfer in writing. All requests for trnsfer on file in office of the Assistnt Superintendent for Humn Resources shll e destyed on ctoer 31 of ech school yer. Techers desiring trnsfers for the following school yer shll renew their trnsfer request on the ppprite forms. Nothing in this rticle shll prevent ny techer fm requesting, or prevent the Director of Schools nd his stff fm inititing trnsfer t ny time. 6. Techers nd dministrtors who re to e trnsferred shll e notified in writing s soon s prcticle nd, under norml circumstnces, not lter thn July 1 of ech yer. If trnsfer is requested ut not grnted, the techer my request conference in the Humn Resources Deprtment to discuss the reson(s) the trnsfer request ws not grnted. After the conference, upon request of the techer involved, the Humn Resources Deprtment shll pvide written sttement concerning the denil of the request for trnsfer. 7. In evluting request for trnsfer, considertion shll e given to trining, experience, rce, gender, ge, specil qulifictions nd length of service, nd in ddition the convenience nd wishes of the individul techer including distnce trveled to post of duty. If more thn one techer hs pplied for the sme position, e it n dministrtive or clssom position, the techer est qulified for tht position shll e ppointed. 13

22 25-26 Eductionl Agreement 8. A current register of vcncies in ll certificted positions shll e redily ccessile to techers in the Humn Resources ffice. F. ADMINISTRATIVE TRANSFERS 1. Techers who re to e trnsferred y dministrtive request shll e notified s soon s prcticle. Time will e pvided for the techer eing trnsferred for closing out nd/or moving nd prepring for the new ssignment. This will pply to oth inter-school nd intr-school trnsfers. When necessry, sustitute techers shll e mde ville to fcilitte this relesed time. 2. A trnsfer will e mde only fter the Assistnt Superintendent for Humn Resources or his/her designee hs personlly contcted the techer. The reson or resons for the pposed trnsfer shll e set forth in writing nd presented to the techer. In the event tht the techer ojects to the trnsfer, he/she my immeditely notify the MNEA. The Assistnt Superintendent for Humn Resources or his/her designee will then meet with the techer nd the MNEA representtive to discuss the mtter. (2, 25) 3. There shll e no retlition ginst techer who uses the grievnce pcedure to chllenge n involuntry trnsfer. (25) 4. When trnsfers re mde necessry ecuse of reduction in enllment or pgrm chnges, the principl will consider the pgrm needs of the school nd determine where reductions cn est e mde. The school principl nd Humn Resources ffice shll request volunteers. Seniority shll e the determining fctor in involuntry trnsfer. However, exceptions to seniority my e mde if necessitted y ny of the following criteri: (25) Certifiction Considertion of diversity within the school School s instructionl pgrm needs ther specilized trining Extr-curriculr ssignment needs When ll other considertions re equl, the techer with the lest length of service within uilding shll e trnsferred first. (2) 5. When the pjected enllment decline does not mterilize in school nd the position is gin ville on or efore the end of the first six weeks grding period, techer who hs een involuntrily trnsferred shll e permitted to trnsfer ck to tht school. (2) 6. If the school s enllment necessittes n involuntry trnsfer fter the first six weeks grding period, the techer trnsferred shll receive priority considertion for returning to the former school should n ppprite vcncy occur for the next school yer. (2) 7. When the enllment of school necessittes techer trnsfer, the principl shll notify the Humn Resources Deprtment of the recommendtion s soon s possile. (25) 8. When choice of positions is ville, techers my indicte n order of preference for ppprite considertion. G. RESIGNATIN PRCEDURES A techer shll give 3-dy notice when resigning fm MNPS. The conditions under which it is permissile to rek contrct re outlined in TCA (). If the techer desires, 14

23 25-26 Eductionl Agreement MNPS will grnt relese fm employment efore the end of the 3-dy period once suitle replcement hs een employed. (23) In order to pvide for optimum techer plcement nd to fcilitte the following trnsfer pcedures, it is recognized tht, except in unusul circumstnces, techers hve pfessionl responsiility to give notice to the Humn Resources Deprtment efore Mrch 15, if they do not intend to remin in the Metpolitn Schools the following school yer. If techer hs notified the Humn Resources Deprtment of n intent not to remin in the system nd the circumstnces contriuting to tht decision chnge, the Deprtment hs pfessionl responsiility to consider these new fctors nd developments nd to reinstte the techer in his or her originl position if it is ville, or in nother position for which the techer is qulified when the first such vcncy occurs. H. PRMTIN PLICY When n opening in n dministrtive or supervisory position occurs, it is the desire nd policy of the Bord of Pulic Eduction to employ the pplicnt est qulified whether he/she is currently employed within or without the school system. ther things eing equl, first considertion will e given to employees currently employed in the school system; therefore, to the extent dministrtively resonle, effort shll e mde to inform employees of pmotionl vcncies. However, during the period June 15 thugh August 15, ny position chnges or vcncies during the course of nd s result of the reorgniztion/ressignment pcess my not llow time for forml nnouncing or posting. I. NN-DISCRIMINATIN There shll e no discrimintion in the filling of positions, dministrtive or clssom, or extrcurriculr, ecuse of rce, religion, sex, ntionl origin, color, ge nd/or disility. Nor shll n pplicnt for position e discriminted ginst ecuse of grde level tught where tht experience is not requisite to the desired qulifictions. Employment, pmotion, nd trnsfer prctices shll e consistent with Title VII of the Civil Rights Act of 1964, s mended. (1999) J. AFFIRMATIVE ACTIN The mjor ojective of the Affirmtive Action Pln is to hve ppprite minority nd femle representtion in the vrious deprtments of the Metpolitn School System. K. T-SHA REPRT In Ferury of ech yer, copy of the report sumitted to the Tennessee Deprtment of Lor to comply with the Tennessee ccuptionl Sfety nd Helth Act (T-SHA) shll e mde ville to the Assocition. L. PRFESSINAL PERSNNEL PRTECTIN 1. Any techer who hs suffered or inflicted ny ssult in connection with his/her employment while cting within the scope of his/her duties shll immeditely mke written report of the circumstnces thereof to his/her principl. The principl shll forwrd copy of this report to the Assistnt Superintendent for Humn Resources nd to the MNEA. The Assistnt Superintendent for Humn Resources shll cknowledge receipt of such report nd shll ring the mtter to the ttention of the Metpolitn Deprtment of Lw nd seek dvice s to wht ction, if ny, should e tken. 2. Sid report will e forwrded to the Bord thugh the Assistnt Superintendent for Humn Resources cting under the direction of the Director of Schools, nd, in the event civil or criminl pceedings re ught ginst the techer, the Bord will 15