ARTICLE      XXIV SICK LEAVE BANK/GUIDELINES                            37 - 40

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This agreement is entered into on this  July 1, 2000, by and between the Board of Education    of Tipton County, hereinafter called the "Board" and the Tipton County Education Association, an affiliate of the Tennessee Education Association and the National Education Association, hereinafter called the "Association."

    

The Board and the Association have reached specific understandings which they have confirmed in the following agreement.

 

Association Representatives:

__________________________President of Association

__________________________Chief Negotiator for Association

__________________________Association Representative

 

Board Representatives:

__________________________Chairman of the Board

__________________________Director of Schools

__________________________Chief Negotiator for the Board

 

The Board recognizes the Tipton County Education Association, an affiliate of the Tennessee Education Association and the National Education Association, as the exclusive bargaining agent for certain employees of the Board in respect to wages, hours, and other conditions of employment. Included in the bargaining unit are all certified professional employees except the Director of Schools and the five members of the school board negotiating team pursuant to TCA 49-5-601 through 5-613. Also excluded are the maintenance supervisor, transportation supervisor, and all classified personnel.

    

During the life of this agreement should the Education Professional Negotiations Act be amended to require the School Board to exclude personnel from the bargaining unit for which the Association has been recognized, the Board, through formal action shall exclude such personnel.

    

Should the law be amended to require the School Board to include personnel not already included in the bargaining unit the Board, through formal action shall include such personnel.

                                                                  ARTICLE III

This agreement shall be effective as of July 1, 2000, and will continue and remain in full force and effect until June 30, 2003.

 

The parties agree that salaries and salary supplements shall be opened and negotiated annually.

 

Prior to February 1, either party desiring to amend or modify this agreement shall provide written notification to the other party. Negotiations shall begin on or before February 15.

   

During the life of this agreement the parties may by mutual consent decide to discuss and modify this agreement. Such request by the party desiring such discussions shall be made in

writing and the party receiving such request shall respond in writing within ten (10 ) working days of receiving such a request.       

 

Should any provision, part of a provision, or portion of this agreement or any application thereof become unlawful by virtue of any federal or state law or executive order of the President of the United States or the Governor of the State of Tennessee pursuant to law or final adjudication of any court of competent and final jurisdiction, the provision or application of a provision of this agreement shall be modified in compliance with the law, order or final adjudication; but in all other respects the provisions of this agreement shall continue in full force and effect for the life thereof. Further negotiations brought on by such executive or judicial action shall be strictly limited to the article, sections or portions held unlawful and unenforceable. If any provision is held to be null and void, immediate negotiations shall occur.

 

The Association agrees that it will not authorize, instigate aid, condone, or engage in any work stoppage, strike, slow-down, boycott or otherwise interrupt, impede, or restrict the operation of the school system. The Board agrees that it will not cause or engage in any lock-out for the duration of the Agreement.

                                                                  ARTICLE VI

 

The Board and the Association agree that there shall be no discrimination against any professional employee on account of race, color, creed, sex, age, national origin, religion, marital status, domicile, physical handicap, candidacy for political office, active campaigning for or against a political candidate, membership or non-membership in the Association or because of the exercise of any rights guaranteed by this agreement.

  

The Board and the Association recognize that the Board is the legally constituted body responsible for the determination of policies covering all aspects of the public school system in Tipton County except as expressly and specifically limited by this Agreement. The rights of the Board include, but are not limited to the following: to hire, transfer, assign, layoff, promote, dismiss or demote employees and to determine their qualifications therewith and the conditions for their continued employment; to exercise executive, management and administrative control and authority of the school system properties, facilities, students, teachers, principals, etc; to establish, change, or modify methods, curriculum, schedules, techniques, machines, extracurricular activities, processes, means and ends; the duties, responsibilities, evaluation, and assignment of employees; to increase, decrease or discontinue operations, programs or facilities in whole or in part; to contract, subcontract, transfer, lease, assign or convey services performed by employees in the bargaining unit in whole or in part; to establish, change, or modify daily, weekly, term or yearly employee schedules; to establish, change or modify and enforce school regulations and Board policies or procedures. All rights and powers possessed by the Board prior to the execution of this Agreement and not expressly and specifically waived herein shall be retained solely and exclusively by the Board.

                                                               ARTICLE                                                                            

 

A.   All members of the negotiating unit shall be free from reprisals or discrimination by

       reason of their exercise of rights guaranteed by the Education Professional Negotiations Act.

 

B.   The Association and its members shall have the right to make use of school

       buildings,  facilities and equipment for meetings and conducting Association

       business subject to the following provisions:

 

       1.   Persons using equipment are authorized by the Association. The names of

             authorized persons (not to exceed three (3) at each building ) will be supplied 

             to the Principal.

 

       2.   Said equipment is not in use or needed by another employee.

 

       3.   The Association assumes cost of duplication at a rate of ten (10) cents per sheet.

 

       4.   The principal of said school is given at least two (2) days prior notice.

 

       5.   Meetings and use of equipment will not interfere with the normal operations of the school.

 

       6. The Association agrees to pay the cost incurred as a result of damage to school facilities and

                 equipment attributable to Association use.

 

7.      The Association will have the use of central office copying machines and other equipment.

          The Association will provide the Director of Schools with a list of not

          more than five (5) Association members with authority to present materials on behalf

                 of the Association. The use of central office equipment is subject to the

                 following provisions:

 

            a. The Association must receive prior approval from the Director of Schools' designated

                   representative(s).                                                                                                                             

            b. The Director of Schools' designated representative(s) will be available to assist

                   or operate the equipment and

            c. Maintain a tally of pages for the purpose of assessing cost at a rate commensurate with the

                  cost of paper and machine operating cost.

d.      In the event any equipment or facility is damaged by the Association, the Association will

      assume responsibility for that damage.

   

       8.   In the event of abuse of any of the provision stated in Section 2, or delay in payment, the

             Board has the right to promulgate further regulations regarding the use of school and central

                 office facilities and equipment, concerning that specific abuse.

 

C.   The Association shall have the right to post notices (non-political in nature) of

       activities of the Association concerns on bulletin boards, at least one of which

       shall be provided in each school building in areas designated for employee use,

       such as teachers' lounges and workrooms, but not in areas open to the public or

       students. The Association may use the school system's regular interschool mail

       delivery system and employee mail boxes for communication to employees or

       members of the Association.

 

D.   Duly authorized representatives of the Association and their respective affiliates

       shall be permitted to transact official Association business on school property at

       times which do not interfere with or interrupt normal school operations and with

       one (1) day prior notice given to the principal. If the principal considers the matter

       of sufficient urgency, he/she may waive the one (1) day notice.

 

E.   During the 2000-2001 school year the Association shall receive a total of thirty-two

      (32) days to attend Association related meetings. During the 2001-2002 school year

      the Association shall receive a total of thirty-four (34)  days to attend Association

      related meetings. During the 2002-2003 school year the Association shall receive a total

      of thirty-five (35) days to attend Association related meetings. The Association shall:

   

      1.   Notify the principal at least four (4) days prior to said Association related meeting; and

      2.   Assume the cost responsibility for substitute teachers; and

      3.   Limit the number of days that one teacher may use in attending Association related meetings to three

             (3) days. Except, however, the Association President and the President-Elect may use no more that

              eight (8) days of the total days allotted.

 

F.   An item of business which the Association wishes to bring before the Board will be

      placed first on the Board's agenda under new business provided the following conditions

      are met:

 

      1.   The item is brought to the Director of Schools at least eight (8) days before the meeting.

      2.   However, the School Board may at any regular meeting recognize the President of the Association or

               his/her designee to speak or make presentations to the School Board.

      3. There is no urgent matter that must be dealt with at the meeting prior to the

 

 

G.   The rights granted herein to the Association shall not be granted or extended to any 

        other organization claiming to represent anyone covered by the terms of this agreement.

 

The Parties hereto acknowledge that it is usually more desirable for an employee and his/her immediately involved supervisor to resolve problems through a free informal communication; therefore, prior to filing a written grievance, the grievant must attempt to schedule a meeting between the grievant and the superordinate alleged with violating the contract. If, however, the informal process fails, a grievance may be processed as follows:

 

A.   Definitions

     

 1.   A grievance is a claim by a professional employee, covered by the terms

            of the contract, that there has been a violation or misapplication of specific

            provision of this agreement.

 

 2.   The term "grievant" is defined as any member of the negotiating unit making

          such a claim or the Association itself which may grieve any part of the contract that specifically

          pertains to the Association as a body and specifically mentioned in an article under the terms of this

          agreement.                                                                                                                                                       

 

 3. "Working Days" is defined as any day school is in session during the regular school year. 

 

B.   The following are the supervisors referred to in Steps 1 and 2 of this article.

 

             Step 1. Principal or immediate supervisor

             Step 2. Director of Schools or designated representative

 

 

C.    The statement of grievance shall include: name of grievant; date the alleged violation took place; date filed; specific provisions of the agreement violated; factual statement of the grievance; specific relief sought; signature of the grievant; and disposition by appropriate supervisors and/or the Board. Grievance form is attached and is hereto considered part of C. However, if no form is available the grievant may submit the above information in writing.

 

 

 

 

 

D.   Hearings held under this part shall be conducted during non-school hours unless mutually agreed otherwise.

 

Step 1.   Within twenty-five (25) working days after the occurrence, the grievance 

will be presented, in writing, in accordance with Section 3 of this Article by the aggrieved negotiating unit member to the principal or immediate supervisor. The appropriate supervisor (or board designated representative) at this step, within ten (10) working days of the receipt of the grievance, shall meet with the grievant and a TCEA representative (or Uniserv representative) in a effort to resolve the grievance. If a settlement is not made at this meeting, the appropriate supervisor at this step will respond to the grievance, in writing (setting forth the reasons of the decision) within ten (10) working days after the date set for said grievance meeting. A copy will be furnished the Association and the Association's president. The Association shall provide the name/phone number and address of the president.             

 

Step 2. If a satisfactory settlement is not reached in Step 1, the grievance may be presented by the aggrieved negotiating unit member to the Director of Schools or his/her designated representative within fifteen (15) working days from the date of response of the appropriate supervisor in Step 1. (The Director of Schools representative shall have the authority to resolve the grievance.) The Director of Schools or his/her designated representative, within ten (10) working days of the receipt of the grievance, will meet with the grievant and a member of the State or Local Association acting as an Association representative in an effort to resolve the grievance. If a resolution is not made at this meeting, the Director of Schools or his/her designated representative shall respond to the grievance in writing, within ten (10) working days after date set for said grievance meeting. If denied, the response will include reasons for denial. A copy will be furnished to the Association and the Association's president. The Association will provide the name/phone number/ and address of the president.

 

Step 3. If a satisfactory settlement is not reached in Step 2 the Association, upon written request of the grievant, may submit the grievance to arbitration by submitting to the Director of Schools' designee a "Joint Request" form for a list of seven (7) arbitrators to be supplied by the Federal Mediation and Conciliation Service. This request by the Association to the Director of Schools' designee for arbitration must be submitted within fifteen (15) working days after the response at Step 2. Within ten (10) working days of the receipt of the list of arbitrators, a representative of the Association shall advise the Director of Schools' designee that a representative of the Association is available to select an arbitrator to hear the grievance. Selection from a list shall be made by each party alternately crossing out a name until one name remains. The moving party shall strike the first name. Each party has the right to reject one entire panel.

                     

The arbitrator shall be limited in making the determination as follows: (a) the arbitrator shall have no power or authority to add to, subtract from, change, modify, or alter any provisions of this Agreement or to impose on any party hereto a limitation or obligation not explicitly provided for in this agreement; and, (b) the arbitrator shall have no power to change any   practice, policy, or rule of the Board, nor substitute the arbitrator's judgment for that of the Board as to the reasonableness of any such practice, policy, or rule, except as it pertains to this agreement. The decision of the arbitrator shall be advisory to the Board only and shall be presented to the Board for adoption or rejection. The decision of the arbitrator will be considered adopted unless specifically rejected by the Board within sixty (60) days of the receipt of same. The fees and expenses of the arbitrator, transcripts, hearing room, etc. shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expenses of witnesses called by the other.

 

E.   These special provisions shall also apply to this article:

 

       1. Failure of the appropriate Supervisor or Director of Schools at any step of the grievance                     procedure to communicate the decision on a grievance within the specified time limit shall permit the grievant, as appropriate to present the grievance at the next step of the grievance procedure. The grievant's failure to advance the grievance within the time limits provided shall result in the grievance being  considered withdrawn.

 

       2. Time limits provided in this article may be extended by mutual agreement when signed by the parties.

 

       3. By mutual agreement of the parties involved, any step of the grievance procedure may be by-passed to move on to the next.

          

       4. The grievant or his/her representative shall be given in writing notice of place, time and date of such hearings from the appropriate Supervisor at least two days before the meeting is to take place.

 

       5. Any grievance arising during the term of this contract (or until impasse has been reached in the negotiation for renewal of this contract) will be processed according to the provisions of this Article.

 

       6. Association grievances shall be filed by the Association president at Step 2.

 

 

F.   During the non-tenured period, termination or failure to re-employ a professional employee

       shall not be subject to the grievance procedure. 

G. All documents, communications, and records dealing with the processing of a grievance shall

      not be forwarded to any prospective employer of the grievant, nor shall such documents be

      revealed or the grievance(s) be alluded to in any communication between the administration and

      said prospective employer, unless otherwise required by law.

                                                                    

                                                                             

 

    

     An Education Council will be formed to consider professional employee concerns. The

     guidelines below will be followed:

 

     A.   Members:

     1.   One for each school's faculty appointed by the Association President.

     2.   Each school's faculty will elect one (1) faculty member.

 

     These members will meet with the Director of Schools or his/her designated representative.                                   

 

 

     B.   Meetings:

           There will be nine (9) regular meetings per year - one each month (September through May) - on a

                  set date (Ex. 2nd Tuesday) to be agreed upon at the organizational meeting (date to be set

                  by the Director of Schools or his/ her designated representative).

 

     C.   Chairperson:

            At the organizational meeting, the group will elect its own chairperson, who will preside

                  over discussions.

 

     D.   Purpose:

            The purpose of the Council will be:

            1.   To act as a "Sounding Board" for suggestions and ideas concerning our county educational     

                        system.

            2.   To hear professional employee concerns and refer them to the appropriate people

                        for their consideration.

 

     E.   Special Provisions

           1.   When items are to be discussed that concern a particular administrative department

                  or a particular group of employees, the Director of Schools and/or Association President                     

                  may invite these people to attend and hear what is being said.

 

           2.   Three (3) items, in particular, for which suggestions should be made are:

                 A.   County wide discipline policy

                 B.   Teacher evaluation tool

                 C.   School calendar

 

    

     F.   Building Education Council

           The two representatives chosen in accordance with Section A above and a third representative appointed by the school level administration shall constitute a Building Education Council which shall meet monthly (September through May) with the building principal to discuss professional employee concerns. Concerns which pertain to the faculty and are subject to the managerial authority of the principal shall be discussed with the principal prior to any presentation to the Education Council.           

                                                                             

 

 

 

A.   Deductions from professional employees' paychecks will include:

       Association dues, hospitalization and/or other insurance available on a county-wide

      basis to all professional employees, credit union transactions, plus any other

       deductions agreed upon by the Association and the Director of Schools.

                                                                                                                                                                                        

B.   Financial institution transactions will be in the form of direct deposit made on the same

       day as payroll deductions.

                                                                                                                                                                                   

C. Upon receipt of an enrollment roster from the Association, the Board shall make

deductions   for Association dues. Another written form will be submitted by each employee indicating other desired deductions from those that are authorized. The Association agrees to furnish the Board with a list of all Association members together with the amounts to be deducted. This list shall be arranged alphabetically according to school site. Deductions will begin with either the first paycheck or last paycheck in September. Deductions will be made from the first paycheck in September, provided that the Association has supplied the list ten (10) working days prior to the date due for issuance of the first paycheck. If not deducted from the first paycheck deductions will be made beginning with the last paycheck in September, (provided the Association has supplied the list ten working days in advance). No deductions will be made for any professional employee whose name does not appear on the list of Association members required by this Article.

 

D. Deduction for Association dues after the beginning date of deductions shall be appropriately pro-rated. 

            The Association is responsible to give the central office bookkeeping department a signed payroll     

            deduction form and the amount to be deducted no later than the first working

            day of the month the dues deductions are to begin.

 

E. Authorization shall be revocable upon written notice to the Board and the Association.                          

The official written notice requires the signature of the member, the Association President and the Director of Schools or his/her designee. Such notice shall be submitted to the Board and the Association during the period of May 1 through June 30. Such revocation shall be effective

July 1 of the year of revocation. This procedure shall become effective the August 16, 1998.

 

                                                                                                                                                                                     

 

F. The Association member's earnings must be regularly sufficient to cover the amount of the appropriate 

Association dues or other deductions after other legal and required deductions are made. When the Association member is in a non-pay status, no deductions shall be made.

 

G. The Association shall indemnify the Board and hold it harmless against any and all claims, demands, 

suits or other forms of liability that should arise out of, or by reason of, any action taken by the Board for the purpose of complying with the provisions of this article.

 

H. When a professional employee authorizes payroll deductions and subsequently ends his/her employment

with the Tipton County Board of Education, all authorized deductions for that pay period will be made unless revoked in writing ten (10) days or more prior to the day when dues are to be deducted. Legally required deductions (non-revocable) will be made from the final paycheck such as: social security, withholding, retirement, and garnishments.

 

I. The Association agrees to refund to the Board any amount paid to it in error resulting from payroll 

deductions. The Board agrees to pay the Association any dues amount not paid the Association called for by this agreement.

 

J. The Board shall provide the Association each month a list of employees for whom dues deductions have 

been made. The list shall be arranged alphabetically according to school site.         

A.The length of the normal school day for professional employees shall be 7-l/2 hours.

The normal school day may be extended by the following:

                                                                                                                                                                            

1.   Bus duty - transportation schedules will be arranged so as to provide as little extra duty                                 for teachers as practicality will allow.

                                                                                                                                                                            

2.   Faculty meetings - held only when necessary and not on days preceding a day when                                     teachers are not required to be at school except in the case of an emergency (to be                                               determined by the principal). No solicitations or presentations shall take place during                                          faculty meetings or any other meetings which teachers are required to attend.     

           

3.   Emergency circumstances - as determined by the principal or Director of Schools.

 

4.   Extra-curricular duties - principals will assign extra-curricular duties as equally                                                    and fairly as possible. 

 

5. Principals will have the authority to designate teachers to work on revenue producing events. Designated teachers working at revenue producing events will be paid                                                                                                    $10.00 (net) per event. (Arrival and departure time will be established by the principal.)

                                                                                                                                                                            

B. All full-time teachers will be guaranteed a minimum of:

                

High School - one (1) planning period per day

Middle School - one (1) planning period per day

Elementary School - two hours planning time per week

or the time allowed for teacher planning required by the State Rules and Regulations or law whichever is greater. The planning period will be during the normal school hours.

 

All personnel covered by this agreement shall receive a duty-free lunch period equal in length to the amount of time allowed for students in his or her school. This does not prohibit a teacher from eating with his or her students if the teacher so desires. As far as practicable, lunch periods will take place between 10:00 a.m. and 1:30 p.m.

 

C. In order to assure that pupils are taught by teachers working within their area of competence, teachers shall, if possible, be assigned to teach in areas for which they hold a certificate issued by the Tennessee State Board of Education. If any variation in this procedure is anticipated, a conference (prior to the assignment, if practical) will be held with the teacher involved so that the teacher's ideas and opinions may be heard.

 

D. Extended Contract activities for Career Level II and III teachers will be scheduled in accordance with the State Department of Education Guidelines.

 

1.   Professional employees working on approved extended Contract activities will be paid                                  the State approved Career Ladder supplement. Career Ladder money shall be paid in                                                addition to salaries called for by this agreement. In no case may Career Ladder                                                    supplements be substituted for any salary requirements called for by this agreement.                                      

 

2. The Extended Contract committee will be formed as required by TCA 49-5-5209.                                   

                 The President of the Association shall be a member of this committee.

 A. All professional employees shall be evaluated in accordance with the procedures, rules, and criteria set forth in the state evaluation model and State Minimum Rules and Regulations appropriate to the employee classification (teachers, principals, guidance counselors, etc.) A copy of the State Evaluation Model, Board Policies, and State Minimum Rules and Regulations will be placed in each school library. 

 

B. Teachers will be evaluated at least a minimum number of evaluations as required by the State guidelines.

 

C. Teachers will be evaluated by the Principal, and/or Assistant Principal, and/or Supervisor(s). These observations shall occur, if practicable, before the last two (2) weeks of each semester.

 

D. The Principal, and/or Assistant Principal, and/or Supervisor(s) will review the evaluation with the teacher and any item marked less than satisfactory will be discussed with the teacher and recommendations for improvement given.

 

E. The teacher will sign the form. The signature of the teacher indicates only that the report has been reviewed and does not necessarily denote agreement.

 

F. Definite positive assistance shall be provided to employees upon recognition of "professional difficulties".   For the purpose of this article the term "professional difficulties" shall apply to observed deficiencies relating to job performance as identified in the State Evaluation Model

instrument.

 

G. The Principal, and/or Assistant Principal and/or Supervisor (s) will recommend a list of three (3) teachers to serve as a peer mentor. The teacher will select a mentor from this list. The Principal, and/or Assistant Principal and/or Supervisor (s) and selected peer mentor will develop an improvement plan which allows the teacher to improve and be reevaluated. The Principal, and/or Assistant Principal and/or Supervisor (s) and peer mentor will follow the board adopted State Framework for Evaluation and Professional Growth which provides for a comprehensive assessment plan as appropriate. 

 

H. At least two weeks prior to the first evaluation teachers will receive an in-service which will explain the Evaluation Model. Teachers who are hired after the beginning of the school year will receive an inservice if they make request for same in writing to their principal. However, said newly hired teachers shall receive with the teacher handbook a standard notification statement of the right and need to request an evaluation in-service.

A. Personnel files shall be maintained at the Board of Education office.

 

B. Authorized supervisors, administrators, and the Board of Education members may examine said files, but the information shall be considered confidential except as may be needed by any of the aforementioned persons in the performance of their duties relating to the professional employee.

 

C. Professional employees may examine material in their files with the exception of pre-employment data which will be kept in a separate envelope or folder alongside other material in the file but not in a separate file or place. If requested to do so, a member of the Association may accompany said employee in such inspection.

 

D. The Director of Schools will designate central office personnel who will be authorized to go to the files to secure material for professional employees wishing them. No professional employee will be allowed to "browse" among the files, lest the confidentiality of the files be lost. Upon completion of the examination by the professional employee, the file will be returned by a Director of Schools-authorized person.

 

E. No unsigned material will be placed in a teacher's or other professional employee's personnel file. In the event a parent or student making a complaint wishes to remain anonymous and the reason is considered valid by the supervisor involved, the supervisor

will make a thorough investigation of the complaint. If he/she feels the complaint is

valid, he/she will sign the material before it is placed in the file. The teacher will be notified of such intent and may attach a written response to the complaint before if is

placed in the file. If the complaint is not found to be valid, nothing will be put in the file

as a result.

 

F. Any negative or derogatory material must be shown to a professional employee before it

 is placed in his/her personnel file. The employee shall be given the opportunity to initial

 and date the material (showing only that it has been read) and to prepare a written                                       

response to be attached thereto before it is placed in the file. All negative or derogatory material will be removed (unless otherwise required by law) after four (4) years.

 

G. In the event an authorized person removes anything from a personnel file, a dated                                    

notation shall be placed in the file stating what has been removed and for what reason.

 

H. Professional employees may obtain copies of any material in their personnel files, by request.  In addition, the employee will be responsible for costs incurred for copies. 

The cost will be commensurate with the cost of paper.

A. The County-Wide Discipline Policy will be adopted by the Board of Education.

 

B. Within each school an advisory committee of five (5) certified employees consisting of

the principal, assistant principal, two (2) selected by the faculty and one (1) selected by

the principal will develop a guiding policy for discipline for his/her school based on procedures adopted by the Board. Such a committee will be organized no later than three (3) weeks after the lst day of in-service and will meet at least once each semester in order                                                                                                                   

to review discipline in the school. A copy of the minutes of each meeting will be

submitted to the Director of Schools office.

 

C. Professional employees will be expected to follow all policies, rules, regulations and

statutes (Board, administrative, local, state and federal) in the performance of their

duties.

 

D. A written statement by the Board governing the use of corporal punishment of student shall

be publicized to all professional employees and will be included in the teacher handbook.

 

A. Seniority shall be defined as the length of a professional employee's continuous service in the negotiation unit from the most recent date of employment as recorded in the Board's records.

 

B. A “regular employee or teacher" is defined as a member of the negotiation unit who is on "permanent tenure" with the Board.

 

C. A "probationary employee or teacher" is defined as a member of the negotiation unit who is not on either "permanent tenure" or "limited tenure" with the Board. After having obtained permanent tenure or limited tenure, such employee or teacher shall cease to be "probationary".

 

D. Seniority shall accrue during leaves of absence authorized by the Board.

 

E. In the event that more than one teacher has the same date of hire, seniority shall be established by random selection as determined by the Board.

 

F.A seniority list shall be posted on or about September 30 of each year. Ten (10) working

 days after publication and posting, the validity of the seniority list shall be final and no longer subject to the grievance procedure.

 

G. An employee shall be terminated and lose seniority upon: (1) resignation, (2) discharge, (3) retirement, (4) failure to return to work from layoff within one (1) week of recall to                                                                           the employee's assigned location,(5) overstaying a leave of absence, (6) being in an inactive status due to a leave of absence or layoff or reasons beyond twelve (12) calendar                                                                                 months except as otherwise mandated by law, (4), (5), and (6) may be waived if an extension is granted by the Board.

    

H. The seniority list will be posted on the official teacher's bulletin board in each school.  

 

 

 

 

 

A.        A transfer is defined as a change from one school or building location to another.

 

B.        An assignment is defined as a specific grade level(s) or subject(s) taught by a classroom

            teacher and other duties as assigned in a particular academic year in a school or other location.

 

C.        A reassignment is defined as a change from one assignment to another assignment within

            a school or other location.

 

D.         Teachers who desire a change in a grade and/or subject assignment or who desire

              to transfer within the system may file a written statement with the Central Office no                                later than 4:00 p.m., May 15 of any academic year (except as provided for in E). 

              Such statement shall include all pertinent information about the teacher's desires

               (grades, school, etc.).    Transfer request forms must be obtained from the Principal

             or Central Office.

 

E.          Notice of known vacancies for the ensuing school year will be posted on the

             official bulletin board in each school and at the Central Office by May 1. Notice

             of vacancies occurring during the summer will be posted in an obvious place at

             the Central Office on or about July 1 and August 1. If a teacher has not

             already requested a transfer (pursuant to D above) for these posted positions, the

             teacher may fill out a new transfer request form. For the request to be considered it

             must be filed no later than the date for submission set forth on the notice of vacancy.

             This date will not be less that five (5) calendar days from the date of posting.

            

         The list(s) shall include all known permanent position vacancies. Such list(s) shall

            not include positions scheduled to be vacated for less than twelve (12) months

            (ie. vacancies due to maternity leave, leaves of absence, etc.) Principals,

            after consultation with the Central Office, may adjust faculties by reassignment

            of teachers within the school before declaring vacancies. For all transfers, the

            school district must comply with federal directives, court orders, and Title IX guidelines. 

            Vacancies thereafter will be filled at the discretion of the Board on a temporary

            basis. Such temporary positions will be posted for the following school year.

 

F.         Teachers within the system will be considered first for such jobs. Preference will

             be given according to seniority, certification, areas of endorsement,

             evaluations, experience, duties related to the assignment, job-related special

             abilities, curriculum needs and accreditation requirements. When the preceding factors are

             equal, seniority shall control.

 

G.         The hiring of new teachers shall be at the sole discretion of the Board and shall not

             be subject to the grievance procedure.

 

H.          Any transfer or reassignment being contemplated will be discussed with the

              professional employee and his/her opinion will be considered in any decision

              that is made.

 

 

I.             Involuntary Transfer

                1.   Notice of an involuntary transfer or reassignment shall be given to an employee

                      as soon as practicable.

                2.   An involuntary transfer or reassignment shall be made only after a

                      meeting between the employee involved and the Director of Schools

                      or his/her designee.

                3.   In those cases where an involuntary transfer is to be made for disciplinary

                      reasons, the transfer shall be made only for just cause.

                4.   In those cases where an involuntary transfer or reassignment is made necessary

                       by enrollment, curriculum or program changes. the principal shall seek a

                       volunteer.  If no volunteer is available, the employee with the least amount

                      of seniority in the affected grade or program area shall be transferred

                      if *qualifications are equal.    *The following factors shall be considered: 

                      seniority, certification, areas of endorsement, evaluations, experience, duties

                      related to the assignment, job-related special abilities, curriculum needs,

                      and accreditation requirements.     

         

 

 

 

 

A.   Layoffs

       1.No professional employee shall be laid off except in cases of change in the size of the student

             population or budgetary limitations. Determination of size of thestudent population or budgetary

             limitations will be at the sole discretion of the Board. However, the Board agrees that it will not act

             in a capricious or arbitrary manner.

    

      2.   Given that qualifications are equal, the teacher with the least system-wide seniority

            shall be laid off first.

    

     3.   No teacher may be prevented from securing other employment during the period

           he/she is laid off under this subsection.

 

 

B.   Notification

      When the Board determines that layoffs will be necessary, each teacher affected will

      receive written notification stating the reason for proposed layoffs.

 

   

C.   Recall

       1.   As vacancies arise a laid-off teacher will be recalled to the first available vacancy

             for which the teacher is certified with the senior teacher being recalled for such

             vacancy first, provided *qualifications are equal.

       2.   A laid-off teacher may make two refusals to accept a position. After the second

             refusal, failure to accept the next position offered shall result in termination.

       3.   No new appointments may be made while there are laid-off teachers available who

             are equally qualified to fill the vacancies.

 

 

     * The following factors shall be considered: Seniority, certification, areas of endorsement, evaluations, experience, duties related to the assignment, job-related special abilities, curriculum needs and accreditation requirements.

A. A teacher may, within the scope of his/her duties, use such force as is proper and necessary to quell a disturbance threatening physical injury to others; to obtain possession of weapons or other dangerous objects upon the person or within the control of the student; or to insure personal safety. If any question arises, the Board may investigate to see if the teacher was, in fact, acting responsibly and in a reasonable manner.

 

B. If it is determined by the Board that the teacher was acting in a proper way and legal action is brought against a teacher as a result of his/her action, the Board shall provide the teacher with defense and indemnification. The Board's determination will not be subject to the grievance procedure.

 

C. The Board shall reimburse an employee for the actual value of any personal property damaged or destroyed during an unprovoked physical attack by a student or other person while the employee is on the job. Such reimbursement shall not exceed the amount in excess of any valid and collectible insurance payments. Furthermore, the Board's obligation under this section is limited to $3500.00 per school year. The Board will allocate $3500.00 per year for substantiated claims under this section. Any unused portion of this money will be accumulated the following year for the life of this contract in an amount not to exceed  a maximum of $10,500.00

D. A teacher who is absent from assigned duties as a result of personal injury caused by physical assault or other violent criminal act committed against the teacher in the course of the teacher's employment activities shall receive benefits comparable to those provided by the state workers' compensation program for up to one (1) year after the injury. All procedures and standards for determining eligibility shall be

            the same as provided by T.C.A. Title 50 Chapter 6.

        

             The employee shall immediately upon the occurrence of such personal injury, or as

            soon as is reasonable and practicable, give or cause to be given notice to the Board;

            and shall provide a written report of the incident and injury to the Board. Further,

            the employee shall cooperate fully with the Board, and law enforcement officials,

            if necessary in the investigation of the incident and injury, including providing to

            the Board necessary releases.

 

            The injured employee shall select a treating physician from a group of three (3)

            reputable physicians or surgeons not associated together in practice. Additional

            opinions may be obtained from other physician(s) selected and paid for by the Board.

 

            The employee shall return to work upon release by an authorized physician, and may

            not return without proper release from the physician.

 

     Pursuant to T.C.A. 49-5-714, a leave of absence for personal injury resulting from an

     assault or other violent criminal act shall not be charged to the teacher's sick leave, personal

     or professional leave, accumulated or granted, pursuant to T.C.A. 49-5 Part 7 - Leave.

     However, any period of injury covered by this policy which qualifies for leave under

     the Family Medical Leave Act shall be counted against the twelve (12) week leave period,

     and the employee shall be entitled to all reinstatement rights provided by the Act.

 

Reopener: Agreement reached and signed 5/23/01

 

 

 

 

 

 

 

                                                                 ARTICLE XX

 

 

                                                                                                                                                                             The local raise for professional employees for the 2001-2002 school year shall be three percent (3%) on the local supplement of the 2000-2001 school year.

 

The local supplement increase is subject to being funded by the appropriate local funding authorities.

Reopener: Agreement reached and signed: 5/23/01

A.   PRINCIPALS - 12 month contract

            1.   ELEMENTARY SCHOOL PRINCIPAL - regular teacher's pay based on degree and

                  and experience for 12 months plus 12% of state base.

            2.   MIDDLE SCHOOL PRINCIPAL/SUPERVISORS OF INSTRUCTION - regular teacher's

                  pay based on degree and experience for 12 months plus 16% of state base.

            3.   HIGH SCHOOL PRINCIPAL /DIRECTOR OF OPERATIONS/

                  DIRECTOR OF INSTRUCTION - regular teacher's pay based on degree and experience for 12

                    months plus 28% of state base.

                                                                                                                                                                                     

B.   ASSISTANT PRINCIPALS - 10 1/2 month contract

                                                                                                                                                                 1.   ELEMENTARY ASSISTANT PRINCIPAL - regular teacher's pay based on degree and

                  experience for 10-1/2 months plus 14% of state base

2.   MIDDLE SCHOOL ASSISTANT PRINCIPAL - regular teacher's pay based on degree and

                  experience for 10-1/2 months plus 17% of state base

3.   HIGH SCHOOL ASSISTANT PRINCIPAL - regular teacher's pay based on degree and

                  experience for 10-1/2 months plus 22% of state base      

 

 C.   COACHES (10 Months)

                                                                                                                                                                              1. HIGH SCHOOL

                                                                                                                                                                        a. High School Head Coaches of football and boys' and girls' basketball - regular local teacher's supplement plus 22.25% of state base

                                                                                                                                                                        b. High School Assistant Coaches (including 9th grade positions) regular teacher's supplement plus 12.25% of state base

                                                                                                                                                                        c. High School Coaches of minor sports (such as baseball and softball) -                                                             regular local teacher's supplement plus 11.25% of state base

                                                                                                                                                                        d. High School Coaches of minor sports (such as volleyball, wrestling, boys

                        and girls track, cross-country, golf, tennis and soccer) regular local

                        teacher's supplement plus 7.25% of state base

                                                                                                                                                                        e. High School Assistant Coaches of minor sports (baseball and softball) regular local teacher's supplement plus 6.25% of state base

 

                                                                                                                                                                              2.   MIDDLE SCHOOL

                                                                                                                                                                        a. Middle School Boys and Girls Basketball Coaches - regular local

                       teacher's supplement plus 6.25% of state base                                                                             

                                                                                                                                                                        b. Middle School Football Coaches - 6.25% of state base

                                                                                                                                                                        c. Middle School Assistant Football and Basketball Coaches - 4.25% of state base

                                                                                                                                                                        d. Middle School Boys and Girls Track Coaches - 4.25% of state base

                                                                                                                                                                        e. Middle School Volleyball Coaches - 4.25% of state base

 

D.   CHEERLEADER SPONSORS

                                                                                                                                                                  1.   HIGH SCHOOL

                                                                                                                                                                       

 a.   Basketball cheerleader sponsor - 3.25% of state base

                                                                                                                                                           

 b.   Football cheerleader sponsor - 3.25% of state base

 

                                                                                                                                                                 2.    MIDDLE SCHOOL

                                                                                                                                                                       

 a.   Cheerleader sponsor - 3.25% of state base

                        

E.   HIGH SCHOOL MUSIC POSITIONS

                                                                                                                                                                  1.   Band Directors - regular local teacher's supplement plus 22.25% of state base

                                                                                                                                                                  2. a. Choral Director, when serving as assistant to Band Director, as described in job description in the Director of Schools office, regular local teacher's supplement plus 12.25% of state base.

                                                                                                                                                                       

     b. When serving only as Choral Director and not as assistant to the Band Director - regular local teacher's supplement plus 7.25% of state base

                                                                                                                                                                       

     c. When serving as Assistant Band Director only regular local teacher's supplement plus 7.25% of state base

 

F.   MIDDLE SCHOOL MUSIC POSITIONS

                                                                                                                                                                                    

         1.     Band Directors - regular local teacher's supplement plus 6.25% of state base

                                                                                                                                                                              

         2.      a.   Choral Directors, when serving as assistant to Band Director as described in

                           job description in the Director of Schools' office, - regular local

                           teacher supplement plus 6.25% of state base

                                                                                                                                                                                        

                   b.   Choral Directors, when serving only as Choral Director and not as assistant to

                           the Band Director , regular local teacher's supplement plus 3.25% of state base

 

G.     Department Heads, Team Leaders, Grade Level Chairpersons, Guidance Counselors,

         Title I Coordinators, Special Ed Consulting Teachers, Annual Staff Sponsors and  

         sponsors of organizations whose main activities take place after school hours

         (who are not otherwise compensated) - 1.75% of state base. The Building Education

         Council (BEC) will be responsible for making recommendations to the

         Principal for establishing such positions and the number of such positions provided

         for in this paragraph. The Principal and Director of Schools will be responsible for making

          the final determination as to the positions and number of positions which will

          be granted the 1.75% supplement. To add any new supplements, the Board and

          the Association negotiation team will meet and agree on additions.

 

H.      SUPPLEMENT LIMITS

                                                                                                                                                                                

1.      Coaches - 30% of state base for any one employee; 20% of state base for any two (2) assistant

          positions

                                                                                                                                                                               

          2.   High School Band Directors - 22.25%

 

 

A.   During the life of this agreement, the Tipton County Board of Education will pay 90 % on

       a single policy and 75%on a family policy for each certified employee toward the

       monthly premium on the state hospitalization plan. If a husband and wife are both

       employed by the Board and qualify as certified personnel, the Board will pay 85%

       on a family policy. The Board shall not modify the provisions of any such

       insurance coverage or change carriers without the approval of the Association

       unless insurance coverage or carrier is changed by law or regulation.         

 

B.   The Board shall provide, at the employees expense, group dental and vision insurance.

 

C.    During the life of this agreement, employees who retire under age 65 with twenty (20)

        or more years of service with the Tipton County Board of Education, the Board will

        pay $936.00 annually on an individual plan or $1560.00 annually on a dependent care plan.

  

D.   And, the employee must meet all other requirements of the plan and regulations of the

       State of Tennessee, Division of Insurance Administration.

 

Upon request in writing at least thirty (30) days in advance of the leave (the thirty day notice may be waived or reduced by the Board upon a certified statement of a physician approved by the Board) on forms provided by the Board, leaves of absence not to exceed one (1) year may be granted by the Board to members of the negotiating unit. The employee's application for leave shall contain, but not be limited to: (a) description of the type of leave requested; (b) the requested beginning and ending dates; (c) a statement of intent to return to the position from which the leave is granted. All leaves, except military leave, shall be from date certain to date certain; however, any leave may be extended to a later specified date upon written request from the employee and approved at the sole discretion of the Board. Unless otherwise indicated herein or required by law or granted by the Board, these leaves will be without pay, fringe benefits, increment privileges, but without a loss of seniority. These leaves of absence shall include:

A. Military Leave

Employees who enter the military service of the United States during time of declared war or national emergency shall be granted a leave of absence for the period of the military service. Upon discharge and presentation of an honorable or medical discharge, being physically and mentally competent and otherwise qualified to perform the assigned duties, the employee shall be reinstated and afforded all rights and privileges of employment as provided under the Military Selective Service Act.

B. Parental Leave

The employee may use all or a portion of accumulated sick leave during a parental leave only during the period of physical disability.

 

C. Leaves with pay for which there are days available: Sick leave, personal leave, and professional leave days will be provided as prescribed by state or federal law.

 

D. Other leaves may be granted by the Board of Education, who will determine if they shall include increment growth:

                                                                                                                                                                             1. Education improvement 

2. Recuperation of Health                                                                                                                                  3. Personal Reasons

 

 

E. Special days away from school:

                                                                                                                                                                             Special situations relating to one's own field and work may grant employees days away from school with students involved in field trips, contests, festivals, regional, state or national meetings relating to the students' work. On such trips both students and teacher will be considered as being present in their school. The Board of Education will pay substitutes as needed. The Principal, with the consent of the Board of Education, must approve said days. Days in excess of the two(2) personal/professional days may be permitted. Written approval must be obtained from the Principal and Board of Education; however, if the Principal does not grant permission, the teacher may petition The Board for an approved leave to attend conferences, workshops, etc. relating to his/her work. The Board of Education may pay substitutes or require the employee to do so.

 

F. Unusual situations

 

If a professional employee is called to jury duty and cannot be excused after a sincere effort is made for same, the employee will be granted the time off to serve. The Board will pay substitutes as needed and the employee will turn over all monies paid to him/her for service on the jury.

 

G. Positions vacated for less than twelve (12) calendar months by teachers on leave shall be filled with an interim teacher for such time as the teacher is on leave. Upon return of said teacher within the twelve (12) calendar months, the interim teacher shall relinquish the position and the teacher return thereto. If the leave exceeds twelve (12) calendar months, the teacher shall be placed in the same or comparable position upon return from leave.

 

H. Employees who have been granted unpaid leave(s) by the Board will be permitted to pay insurance premiums and will remain full participants in the insurance program to the extent allowed by the State of Tennessee Teacher Group Insurance Program or applicable law.

                                                               ARTICLE XXIV

The Board will establish a sick leave bank as provided for by the Tennessee Teachers Sick Leave Bank Act. The Bank rules and regulations are not subject to the grievance procedure but shall be governed by the terms of the Sick Leave Bank Act.

                                                                                                                                                                              

                                                                                                                                                                             The purpose of the Sick Leave Bank is to provide sick leave to contributors who have suffered an unplanned personal illness, injury, disability or quarantine and whose personal sick leave is exhausted.

 

 B.   Administration

 

                                                                                                                                                                             *The Sick Leave Bank shall be administered by a Committee of Trustees. The Committee shall be composed of five (5) members: two (2) members appointed by the School Board, two (2) members appointed by the Association from its membership and the Director of Schools or his/her designee, who shall chair the Committee.

 

                                                                                                                                                                             The Trustees shall provide for rules, regulations, and forms not inconsistent with the provisions of TCA 49-5-801 thru 49-5-810. (Copies of the rules and regulations shall be filed with the Director of Schools office and the President of the Association).

 

                                                                                                                                                                             Employees participating in the Bank shall agree to abide by the rules and regulations established herein by the Trustees.

                                                                                                                                                                            

                                                                                                                                                                             All action of the Trustees or designated representatives shall require three (3) affirmative votes. Decisions of the Trustees or designated representatives shall be final.

 

                                                                                                                                                                             All members of the Committee shall be certified employees of the school system, Director of Schools or his/her designee.

 

                                                                                                                                                                              1. Any certified professional employees shall be eligible to participate in the Sick Leave Bank; however, a minimum participation of twenty (20) employees shall be required to establish the bank.

                                                                                                                                                                             2. Any teacher who elects to participate in the Bank shall initially have one (1) day of sick leave deducted from his/her personal accumulation and deposited to the Sick Leave Bank by completing and signing the Sick Leave Bank Enrollment Card. The signing of the enrollment card by the participant relieves the Board of Education, the TCEA and the Trustees from any liability as a result of action taken by the Trustees. Teachers electing to participate shall do so during the months of August, September, or October of any year. The deadline date for enrollment is October 31. Donations of sick leave to the Bank are nonrefundable and nontransferable. In the event the Bank is terminated, the total days on deposit shall be returned proportionately to the then participating members and credited to their personal sick leave accumulation.

                                                                                                                                                                             3. If at any time the number of days in the Sick Leave Bank is less than twenty (20), or one (1) per member if there are more than twenty (20) members, or at any time deemed advisable, the Committee shall assess each member one (1) or more days of accumulated sick leave. If a member has no accumulated sick leave at the time of assessment, the first earned days shall be donated as they are accrued by the teacher.

                                                                                                                                                                             4. The enrollment authorization shall remain in effect for the current and subsequent school years unless cancelled in writing. A member may withdraw from the Bank on any June 30 by prior written notice to the Trustees. Membership withdrawal shall result in forfeiture of all days contributed.

                                                                                                                                                                             5. Members of the Sick Leave Bank shall be eligible to make application to the Bank for sick leave only after having been a member of the bank for thirty (30) calendar days.

                                                                                                                                                                             6. A participant shall not receive any sick leave from the Bank until after having exhausted all accumulated sick leave, personal leave, or any paid Board extension. There shall be a waiting period of three (3) consecutive days (excluding all extensions for the same illness or injury) following the exhaustion of all available "paid leave" before days from the Bank may be used.

                                                                                                                                                                             7. Leave grants from the Bank, recommended by the Board of Trustees shall be in units of no more than twenty (20) consecutive duty days for the individual applicant. Applicants may submit requests for extensions of such leave grants before their prior grants expire. The maximum number of days any participant may receive in any fiscal year is sixty (60). The maximum number of days any participant may receive as a result of any one or the same illness or accident is ninety (90) days.

                                                                                                                                                                             8. In the event a member is physically or mentally unable to make a request to the Sick Leave Bank for use of sick leave days, a family member or agent may file the request.

                                                                                                                                                                             9. If the Committee determines it necessary, they may require a physician's certificate of condition from any member requesting additional leave. Refusal to comply will result in denial of the pending request for use of sick leave days from the Bank.

                                                                                                                                                                             10. Sick leave granted a member from the Bank need not be repaid by the individual except as all members are uniformly assessed.

                                                                                                                                                                             11. Grants of sick leave from the Sick Leave Bank shall not be made to any member on account of any elective surgery, or illness of any member of the participants family, or during any period the member is receiving disability benefits from social security or the state or local retirement plan. Disability benefits from individually purchased policies shall not affect eligibility to draw from the Bank.

                                                                                                                                                                             12. A member shall lose the right to obtain the benefits of the sick leave bank by:

(a) Resignation or termination of employment

(b) Cancellation of participation which is effective on June 30 exact.

(c) Refusal to honor such assessment as may be required by the Committee of Trustees.

(d) Being on approved leave of absence with the exception of personal illness or disability leave.

(e) Retirement

(f) Refusal to comply with the guidelines, rules and regulations of the Bank.

 

 

                                                                                                                                                                             1. Contributions to the Bank must be made on a Sick Leave Bank Donation Form.

                                                                                                                                                                             2. All requests to draw upon the Bank must be made upon a Sick Leave Bank Request Form and submitted to the Committee of Trustees within thirty (30) calendar days of the first dates bank usage is requested. In extreme and unusual cases exceptions may be approved.

                                                                                                                                                                             3. The Committee shall act affirmatively or negatively on all applications within ten (10) calendar days of the application.

                                                                                                                                                                             4. All requests to draw from the Bank must be accompanied by a physician's statement on the approved form confirming the cause of illness or injury and must be signed by the physician.

 

5. An applicant may be required to undergo at his/her expense a medical review by a physician approved by the Committee.

           

6. Any person submitting a request to draw on the Bank must have made his/her proper contribution for the fiscal year in which the request is made.

           

7. All records of the Sick Leave Bank shall be kept in the central office of the school system which handles regular sick leave records. The Committee shall inform this office of all applications they approve and the amount of additional leave granted the member.