ARTICLE I: GENERAL PURPOSES

Section 1: Preamble

WHEREAS, meeting the educational needs of the children, youth, and adults of Monroe County requires the full cooperative effort of all members of the staff of the Monroe County Public Schools; the Board and the Union pledge their individual and joint support to bring about the highest quality performance in the educational program of the District School Board of Monroe County; and

WHEREAS, the Board and the Superintendent of Schools, hereinafter referred to as the "Superintendent", have the constitutional and statutory authority, respectively, for the operation of the District School Board of Monroe County in addressing the educational needs of the community; and

WHEREAS, the Union and the Board, following good faith negotiations have reached certain understandings and in consideration of the following mutual covenants, it is hereby agreed as follows:

Section 2: Purpose

This contract is negotiated under Florida Statutes Chapter 447, Part II, in order to fix for its duration, wages, hours, and terms and conditions of employment. The parties believe that where effective and harmonious working relationships can be encouraged between the Board, the employees and the Union, the cause of public education can best be served.

The Union and each of its members affirm the concept that all employees support the effective and active development of a positive, progressive and cooperative attitude toward the operation of schools in Monroe County.

Nothing contained herein shall be construed to deny any employee their rights under State Law or under State Board of Education rules or under School Board Rules. However, any alleged denial of these rights shall not be grievable but shall be dealt with under available statutory and administrative remedies.

These definitions are to be used to assist in clarifying and understanding the intent and language of this contract and do not constitute more than working definitions within the context of this contract.

A. Assistant Superintendent: The individual who by nature of the organizational structure of the Board as determined by the Superintendent and the Board has immediate administrative authority over District personnel.

                    B. Board: The District School Board of Monroe County

C. Board Rules: That body of rules adopted by the District School Board of Monroe County.

D. Days: As referred to in the time limits herein, days shall mean working days.

E. Directives: Those administrative directives issued by the Superintendent or the designee(s).

F. District: The Monroe County School System.

G. Employee: All personnel in the unit represented exclusively by the Union.

H. Grievant: The grievant shall mean any full-time or part-time teacher and such other person who is a member of the bargaining unit.

I. Parties: The United Teachers of Monroe, as the exclusive bargaining agent, and the District School Board of Monroe County as Employer.

J. Principal: The chief administrator of a school site.

K. School Site: That location where the member of the unit performs his/her duties on an itinerant or regular basis.

L. State Regulations: That body of regulations adopted by the State Board of Education and the State of Florida and directives issued by the Commissioner of Education to clarify and implement State Statutes which relate to education in the State of Florida.

M. Superintendent: The Superintendent of the District School Board of Monroe County or the designee(s).

N. Supervising Administrator: The individual who serves as the ranking administrator at the work location.

O. Teacher: All certified employees in the unit who work with students or in student-related work, both in schools and at other sites.

P. Union: The United Teachers of Monroe, FEA/United, AFT Local 3709, AFL-CIO, as the exclusive bargaining agent representing members of the bargaining unit.

Q. Unit: That group of non-exempt employees determined by the Board and the Union and approved by the Florida Public Employees Relations Commission, hereinafter called "PERC", to be appropriate for the purpose of collective bargaining.

Titles of the Articles herein shall not in and of themselves affect the meaning, construction or effect of any of the sections or provisions of this contract.

Should any provision of this Agreement be declared illegal by a court of competent jurisdiction or as a result of State or Federal legislation, said provision shall be void and the parties will attempt to renegotiate the provision to conform it to law, but the remaining provisions shall remain in full force and effect for the duration of this Agreement, if not affected by the deleted provision.

Section 7: Waiver

The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in the Agreement. Therefore, each party voluntarily and unqualifiedly waives the right to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge and contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

The parties agree that all employees of the Board shall implement and carry out the provisions of this collective bargaining agreement entered into by the Board and the Union.

The provisions of this contract shall be applied without regard to race, creed, color, religion, national origin, age, sex, handicap, or marital status, unless such condition is imposed by a court, State or Federal agency. Alleged violations of the preceding shall be resolved through appropriate administrative or judicial proceedings and shall not be subject to the grievance/arbitration procedure.

The Board hereby recognizes the Union as the exclusive bargaining agent for the employee unit comprised of classroom teachers, beginning teachers, librarians, guidance counselors, permanent substitutes, teachers of homebound students, special program teachers, cluster leaders, grade level chairmen and department chairman; excluding Superintendent, Assistant Superintendents, Team Leaders, Directors, Coordinators, Principals, Substitute Teachers, Teacher Aides, Deans and all other hourly paid employees.

The Union recognizes the authority of the Board and/or Superintendent to designate new administrative or supervisory positions as managerial or confidential. The Union further recognizes the authority of the Board and/or Superintendent to designate persons in an acting capacity for a maximum of one (1) fiscal year to fill administrative or supervisory positions.

The Board reserves to itself sole jurisdiction and authority over matters of policy and retains the right, subject only to the limitations expressly imposed by the language of this Agreement, in accordance with applicable laws and regulations: (1) to direct employees of the school district; (2) to hire, promote, transfer, assign, and retain employees in positions in the school district and to suspend, demote, discharge or take disciplinary action against employees for proper cause; (3) to relieve employees from duty because of lack of work or for other legitimate reasons; (4) to maintain efficiency of the school district operations entrusted to it; (5) to determine the methods, means and personnel by which such operations are to be conducted; and (6) to take whatever actions may be necessary to carry out the mission of the school district in situations of emergency. Any of the rights, powers, authority and privileges that the Board had prior to the signing of this contract are retained by the Board except those specifically relinquished by the Board in this contract.

Where the Board determines it necessary or desirable to provide current or new employees covered by this contract opportunity to participate in contracted or shared programs with other governmental agencies, community or charitable organizations or private corporations, the Board agrees that the salary, terms, and conditions of this contract shall apply to those employees.

1. Conversion of an Existing School:

Any proposal for converting an existing district school to a charter school shall comply with all provisions of the law as outlined in Florida statutes prior to implementation.

1. Any proposal developed for converting an existing district school to a charter school shall be presented to the full faculty prior to conducting a vote to convert to a Charter School.

2. In order to demonstrate the needed 50 percent support of the teachers at an existing school for converting to a charter school, a secret ballot vote shall be conducted at the school site. A committee comprised of one (1) member designated by the Superintendent and one (1) member designated by the UTM President shall conduct the balloting. The committee members shall not be employees of the school. Notification of the results of the vote shall be immediately made public.

3. In order to demonstrate the needed 50 percent support of the parents of the children enrolled at the school site, the parties seeking to convert an existing school to a charter school shall conduct a vote of those parents affected. A list of the parents shall be certified by the school office as being qualified to vote on the issue of whether the school is to be a charter school. The committee identified in A (2) shall certify the balloting results and shall be present during the secret ballot vote.

4. When an existing school meets all the criteria for converting to a charter school, all employees of that school who are members of an existing bargaining unit shall decide by a secret ballot election conducted by the UTM whether to remain in the existing bargaining unit, form their own bargaining unit or choose to have no bargaining unit.

5. Should the Board terminate a converted charter school, all public employees on approved leave from the school district and employed at the charter school shall again become employees of the school district.

Where state statutes require that employee(s) serve under individual contract, the Board agrees that each employee shall receive a copy of that contract within thirty (30) calendar days after receipt by the Personnel Department of a valid Florida teaching certificate.

All teachers employed on Annual Contract shall receive a copy of their contract within thirty (30) calendar days after approval by the Board and the Union of the salary schedule for the school year. Teachers must return their signed copy of said contract within five (5) days of receipt of said contract.

Section 2: Negotiated Contract

The negotiated contract shall be distributed to all members of the bargaining unity, production costs to be borne equally by the parties.

All partial contracts shall be for a maximum of one year unless extended by agreement of both the administration and the employee. All PSC and CC contract rights are maintained while on partial contract as specified in Florida Statutes. Any partial contract percent shall be determined first by the number of periods taught, if applicable, and then by time as compared to the normal workday of seven and one-half hours and the normal workweek. Teachers on a partial contract of 51% or less are not provided duty-free lunch or a planning period within the 51% contract. Teachers on such a partial contract may choose to add a duty free lunch and/or planning period into their day. However, such additions shall not increase the percentage of their contract. Teachers on a contract of more than 51% shall be entitled to duty-free lunch and the appropriate pro-ration of planning time as provided by the contract. Other duties, which may be necessary to meet the time required, shall be determined by the principal after consulting with the teacher.

The Union and the Board agree to work cooperatively to support the passage of legislation, which will improve the quality of education in Monroe County. Contingent upon mutual agreement, the Union and the Board shall pursue common objectives through their legislative activities.

Pursuant to Florida Statute 447, no public employee or employee organization may participate in a strike against a public employer by instigating or supporting in any manner, a strike. Any violation of this section shall subject the violator to penalties provided in this part.

"Strike" means the concerted failure of employees to report for duty; the concerted absence of employees from positions; the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement; and picketing in work after the expiration of a collective bargaining agreement; and picketing in furtherance of a work stoppage. The term "strike" shall also mean any overt preparation including, but not limited to, the establishment of strike funds with regard to the above-listed activities.

The Board has developed uniform district policies governing student conduct and developed a Code of Conduct dealing with student behavior. The principal at each school shall make a copy of the Code available to all instructional personnel and will review the code at a faculty meeting during pre-planning. Teachers and employees who are normally assigned students who have been identified as violent and unruly shall receive training in "safe physical management" along with an in-depth explanation of the policy procedures. These policies will be supplemented as necessary in the individual schools by the principals in conjunction with the Building Level Planning Teams. Copies of any individually supplemented Codes of Conduct shall be circulated to all students, parents, and teachers in the individual school(s).

In each instance in which an employee acts to help a student conduct himself/herself properly, emphasis shall be placed upon the growth of the student in the ability to discipline himself/herself.

The Union and the District principals agree that the use of corporal punishment is not a means for discipline in the Monroe County school system. No employee shall be authorized to use this form of discipline. Teachers shall be empowered to refuse any request by an administrator to administer corporal punishment and shall report any such request to the Superintendent's office.

The Board reaffirms its support of the administrative staff and teachers in taking all necessary steps to enforce and implement all Board policies and regulations pertaining to control of student behavior.

A. The beginning of the school year, all principals shall formulate with the building planning team and report in writing to the Superintendent a plan for additional school supervision to be used when necessary. This plan should be one, which would utilize the school staff and volunteer parents on an emergency basis. The plan is to be put into effect when disruptive incidents seem imminent.

B. A rumor-control line will be publicized through all available means including memoranda to parents from individual schools.

C. Disruptive incidents are to be reported promptly by the principal or his designated representative to the District office, and if necessary, to the proper police authorities. In addition, each principal will maintain a record of disruptive incidents, including the disposition of those thus reported, as a supportive record.

D. Each principal shall establish a school advisory council and may establish other participating parent organizations. School staffs are encourage to use every opportunity to establish committee(s) with community individuals or groups as well as parents to assist in providing the community support necessary for sound student behavior and support of other school programs.

E. Principals are to advise students and parents annually, in writing, of causes for suspensions, expulsions, and exclusions.

F. Each principal and members of the building planning team shall establish written procedures by October 1st which are to be used in that school by staff members seeking administrative assistance in handling difficult and disruptive students.

A. A teacher may send a student to the principal’s office to maintain effective discipline in the classroom. The school referral form shall be used and reflect the teacher’s recommended disciplinary action. The principal shall consider the teacher’s recommendation when applying discipline. The principal shall employ appropriate discipline-management techniques consistent with the code of conduct under F.S. 230.23 and report his/her actions to the teacher.

B. A teacher may request a permanent removal of a student from class: (1) Whose chronic behavior has been documented by the teacher in accordance with uniform district procedures to repeatedly interfere with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn; or (2) whose behavior the teacher documented is so unruly, disruptive, or abusive that it seriously interferes with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn. Students referred to the principal under the provisions of school board policies for suspension and/or expulsion shall be dealt with in accordance with those policies and procedures and are not to be considered a part of the disciplinary procedures referred to above.

C. If a teacher requests a permanent removal of a student from class, the principal may place the student in another appropriate classroom, in in-school suspension, or in an alternative education program; or the principal may recommend the student for out-of-school suspension or expulsion, as appropriate. The student may be prohibited from attending or participating in school sponsored or school-related activities. The principal may not return the student to that teacher’s class without the teacher’s consent unless the committee established herein determines that such placement is the best or only available alternative. The teacher and the Placement Review Committee must render decisions within five (5) calendar days of the removal of the student from the classroom. In order to comply with student due process, records of all decisions of the committee shall be maintained by the principal, which includes among other things: the student’s name, the teacher’s documentation and recommendation and the committee’s decision.

D. Each school shall establish a Placement Review Committee to determine placement of a student when a teacher withholds consent to return a student to the teacher’s class. Committee membership shall include the following ratios: two (2) teachers elected by the eligible bargaining unit members at the school, one (1) member of the school staff selected by the principal, one (1) teacher alternate elected by the eligible bargaining unit members at the school. The alternate shall serve when the regular teacher on the committee is the teacher who withheld consent to readmitting a student or if the regular teacher is unable to serve. Members of this committee shall be elected during the first grading period. The length of service shall be determined by the school when the committee is established.

E. Any teacher who permanently removes 25 percent of his or her total class enrollment shall be required to complete professional development to improve classroom management skills. If a teacher is asked to complete the required professional development, the district shall be responsible for providing that component at reasonable times and places within the requirements of the normal workweek and workyear. When circumstances exist that prohibit the completion of the component during the current school year, the teacher may complete the component during the first semester of the following school year.

A. Effective with the 99-2000 school year, the workyear for all returning teachers shall be 196 workdays including six (6) paid holidays. All teachers new to the district shall have a workyear of 199 days for their first year of employment. The workyear for all teachers in the Monroe County school system shall consist of three (3) workdays prior to the students' first day of school with the exception of those teachers working 199 days and no more than two (2) workdays after the students' last day of school. The District will develop a pre-planning schedule which will provide at least two (2) days prior to the student's first day of school for teacher planning and preparation and school-level meetings at the school site. At least two workdays following the students last day of school shall be reserved for teachers to perform year-end closing activities at their worksites.

B. In the event that hurricane days have not been scheduled in the calendar and have to be used, the calendar committee shall be convened to make a recommendation to the Superintendent for consideration.

A. Teachers shall be required to work no more than forty (40) hours per week on the school site or with school activities. The normal workday shall be no more than seven and one-half (7 1/2) hours unless extended or altered by the principal for attendance at school-related activities including but not limited to the following: faculty, grade level, department and team meetings, staff development activities, accreditation and five-year district self studies, meetings with parent groups, open house programs, and special school programs such as music, dramatic and holiday presentations.

The additional two-and-one-half (2-1/2) hours provided in the workweek must be used Monday through Friday and shall not be cumulative from week to week.

When it is necessary to use teachers during the two and one-half hour extended workweek for extra-curricular activities no more than two (2) such activities per teacher may be required during the school year. Assignment of teachers to extra-curricular activities, which include: carnivals, dances, interscholastic and intraschool athletic contests and student supervision, shall first be made from those teachers who volunteer. In the event there are an insufficient number of volunteers obtained, instructional personnel will be assigned to attend said events.

None of these limits shall apply to those activities for which teachers received a salary supplement to perform.

B. The starting and dismissal times for students shall be established by the Superintendent, provided that no change in schedule will increase the length of the workweek.

C. In the case of late arrival or early departure from the work location, an employee present for more than one-fourth (1/4) and less than three-fourths (3/4) of the workday is considered as having worked one-half (1/2) day; and employees present more than three-fourths (3/4) and absent less than one-fourth (1/4) of the workday are considered as having worked a full day upon prior notification and at the discretion of the principal or designee.

D. Attendance of an instructional employee for payroll purposes may be maintained on sign-in/sign-out sheets or other devices.

E. On a school day, which immediately precedes a holiday or vacation, the teacher’s day, shall end fifteen (15) minutes after the students are dismissed. On other days a teacher may, at the discretion of the principal or designee, leave after the completion of the teaching assignment.

F. Meetings on Election Days: Meetings after school hours requiring attendance of school employees shall not be scheduled for any day when countywide, primary or general elections are held.

G. When teachers are assigned to cover open classes, they will be compensated at the rate of $15.00 per period (this shall be known as the substitute rate). The principal or designee shall be responsible for recording the use of teachers as substitutes on a standard form provided by the district.

H. In order to provide staff development time for District teachers, pupils in the District's schools may be dismissed one (1) hour early one (1) afternoon a week upon approval from the District Office.

This shall govern the terms and conditions of employment applicable to those persons who will instruct an additional sixth period assignment in the District's middle schools and senior high schools.

A. Any assignment to teach a sixth period shall be on a voluntary basis.

B. Teachers who voluntarily agree to instruct a sixth period shall receive supplemental compensation.

C. Guidance counselors, librarians and other service personnel shall also be eligible to teach a sixth period assignment provided that it is different from their service assignment; provided further that a counselor or librarian may be employed on a voluntary basis to extend their guidance or librarian function upon recommendation of the principal and with approval by the Superintendent.

D. It is not the intent of the administration to utilize teachers who select to instruct only for five periods as substitutes to cover classes that may be unmanned during the school day. In the event that teachers must be assigned to substitute for other teachers, the teacher so utilized shall be compensated at the substitute rate in accordance with section 2(G) of Article IX.

1. Teachers who volunteer to teach six (6) periods on a six (6) or seven (7) period day or who volunteer to teach seven (7) out of eight (8) blocks on the 4x4 block schedule shall receive the sixth period supplement. The practice of teaching 8 out of 8 blocks or 7 out of 7 periods shall be discouraged and only be approved by the principal in extenuating circumstances.

In order to be eligible to receive a supplement under any of the conditions of a sixth period assignment (Art. IX, Section 3) teachers must be instructing all other periods in a complete assignment.

A. Faculty meetings held after the normal dismissal time are to be considered in conjunction with the established workweek.

B. The planning teams and the principals of the district's schools will meet during the pre-planning period to schedule a weekly day and time to provide for department meetings, interdepartment meetings, faculty meetings, staff development activities and other activities which will foster school communication and improve faculty interaction.

C. Regularly scheduled meetings may be cancelled when there is no business to conduct.

D. Solicitation of bargaining unit members during a required faculty meeting is forbidden, except as approved by the Superintendent for school or community campaigns of unusual merit. Time for merchandising may be allowed on a voluntary basis.

A. For days designated in the school calendar as professional days at the end of the first and third grading periods, one-half day (1/2) of each of these days and one (1) full day at the end of the second grading period shall be used by the employee for instructional planning, recording of grades, completing student cumulative folders, developing instructional materials or activities, team or department planning, other classroom preparation activities, school level meetings and voluntary professional development.

In order to encourage teachers to attend statewide meetings and have the least impact on student attendance days, beginning with the 1996-97 school year, two days shall be included in the school year as non-work days to coincide with the scheduling of statewide curriculum meetings.

B. Days designated in the school calendar as professional days and pre or post-planning days shall not be used for area or county meetings except as deemed necessary and appropriate by the Superintendent or designee.

C. Teacher professional days are chiefly to be used by the employee for instructional planning, recording of grades, completing student cumulative folders, developing instructional materials or activities, team or department planning, and other classroom preparation activities, staff development, building planning team activities and professional development.

D. During the teacher pre-planning days, all newly assigned teachers shall be provided with an orientation of their job responsibilities designed by the principal.

Section 6: Duty-Free Lunch

A. All teachers shall be provided duty-free lunch time of no less than thirty (30) minutes beginning in 1996-97 with the exception of Key Largo School which shall have twenty-five (25) minutes without student supervisory responsibilities, except for those exceptional student education teachers who must, because of the physical handicaps of their students as defined in the student's IEPs, be present during the students' lunch period. In such cases, the principal and the building level planning team at the school site shall develop a plan to provide those teachers a duty-free lunch period at an alternate time within the regular student day. This duty-free lunch period at Key Largo School shall remain in effect until a thirty (30) minute lunch schedule, meeting the needs of both students and staff, that is acceptable to the principal can be structured by the building level planning team, or the cafeteria facility is expanded to accommodate a thirty (30) minute lunch or the new upper keys middle school facility is available for used. Any duty-free lunch plans are canceled under emergency conditions such as bomb threats, fires, etc.

B. Employees who have duty-free lunch shall not be required to travel during their uninterrupted duty-free lunch period. Lunch shall be exclusive of preparation or travel allowance time. Such employees shall also be free to leave their work location during the duty-free lunch period upon notice to the principal or designee.

A. All teachers shall have daily planning time of no less than fifty (50) minutes during the workday. At the elementary level, all teachers shall have a minimum of a thirty (30) minute block of planning daily during the student day except at Plantation Key School. However, Plantation Key School will comply with that requirement for the 1997-98 school year. All teachers shall receive a printed schedule indicating assignments, lunch and planning time.

B. Classes shall not be combined in order to provide teachers with planning periods.

1. In elementary schools, whenever a specialist (i.e. art, music, physical education, Spanish) is in charge of a class, the classroom teacher shall be entitled to leave the classroom. In the event that the specialist is absent and the classroom teacher is required to substitute for the specialist, the teacher will be paid the substitute rate in accordance with section 2(G) Article IX. In the event that the specialist is required to substitute for a regular classroom teacher and the specialist's class for that day is cancelled, the specialist will receive the substitute rate in accordance with section 2(G) Article IX.

D. When a senior high teacher has three (3) or more preparations, consideration may be given to assigning the teacher to an additional planning period instead of an additional assignment.

E. No teacher shall be required to teach six (6) class periods in one day.

F. At the high school level, for the 1996-97 block scheduling pilot program, and using the current funds available for the hiring of staff to perform necessary supervisory functions, all teachers shall have a full block of uninterrupted planning time each day. At schools where the 4x4 block is in place, teachers will receive a full block of uninterrupted planning time each day. At schools where an alternating block schedule exists, teachers shall receive a full block of uninterrupted planning time on alternate days.

Efforts shall be made to limit the number of senior high preparations per teacher to no more than two per eighteen weeks. When a teacher receives more than two preparations, he/she shall be able to examine the master schedule and make recommendations to the principal for an alternative schedule that could provide a schedule within the limits. The principal shall examine the alternate schedule and make a final determination and communicate his/her decision to the teacher.

A. The assigning of grades is the responsibility of the teacher, and infringement of this responsibility should be avoided. However, if the principal of a school believes it is necessary to change a pupil's grade in any subject at the end of a nine (9) weeks grading period or a final grade for a year, the principal must first consult with the teacher who issued the original grade before such grade change is made. No grade change shall be made without prior knowledge of the teacher involved. If, after consultation, a change in grade is made, it shall be recorded as the principal's grade and not the teacher's grade, and the reasons for that change shall be attached to the student's cumulative file, with a copy to the teacher and the Superintendent.

B. Any administrative change in grade shall be made by the principal only, and authority to make such a change shall not be delegated to a principal designee except in case of emergency.

C. A teacher shall have the right to change his/her student's grade without the approval of any other school employee when he/she has re-evaluated the student's performance and finds the grade change to be necessary. The principal shall be notified of any grade change to be made and, if requested, the reasons for the change.

A. Employees who are required to split their work assignments between two (2) or more work locations during the same workday shall be given reasonable travel time.

B. Principals will endeavor to limit the rooms in which individual teachers teach to two (2). A teacher who is required to change his/her permanent room assignment(s) during or in between school years shall be provided the necessary assistance when moving.

C. The Board agrees to maintain an appropriate level of nursing services as provided in the contract with the Monroe County Health Department.

D. The Board shall make available in each school, lunchroom, toilet and lavatory facilities for staff use and at least one (1) room, furnished and ventilated, which shall be for use as a faculty area.

E. Parentlink:

The design of the Parentlink program at each school shall be determined by each school's planning team. The design shall include the types of messages, returning of phone calls, training needed, the number of additional phones needed and a plan for securing the additional phones through the school technology allocation. Designs shall provide flexibility for individual teacher use. Each faculty shall select a committee to develop a design plan and present it to the planning team for approval. The faculty committee shall review the need for changes in the design at the end of each school year and present recommendations to the planning team during the preplanning period of the next school year. All teachers are expected to use the system in conjunction with the school design.

1. Fingerprinting

Under this agreement the Board will pay the cost of fingerprinting and/or criminal checks on all employees hire prior to 1989.

The Board and the Union recognize that stability of the instructional program is in the best interest of children. Disruption of educational programs can be avoided by strategies to provide for continuing instruction.

A. When it is necessary to replace a teacher during the school year, the Board shall employ a replacement no less than three (3) days prior to the original teacher's departure when the replacement is available. Provisions will be made to allow the replacement to spend three (3) working days with the original teacher in the classroom to facilitate continuity of instruction when the replacement is available.

B. The building level planning team and the principal shall determine the need for permanent substitutes at each school site and shall meet during pre-planning to determine the possible duty assignments and priority of such assignments for permanent substitutes at the school on those days when all teachers are present.

C. The principal or designee at the school site shall be responsible for obtaining substitutes for absent teachers. Every reasonable effort shall be made to avoid the utilization of special area teachers as substitutes and the utilization of teachers during their planning periods or administrative assignments to substitute. In the event that teachers must be assigned to substitute for other teachers, the teacher so utilized shall be compensated at the substitute rate in accordance with section 2(G) of Article IX. Classes shall not be combined under the supervision of one teacher or permanent substitute except in an emergency.

Since communication between the home and school is an important aspect of the educational process, teachers will return all telephone calls from parents as soon as possible after receiving a request for a telephone conference and will respond to a request for a parent conference meeting by arranging for a conference at the earliest possible date convenient to both parties.

A. The purpose of drug and alcohol testing is to deter the use of drugs and alcohol in the workplace by establishing standard procedures for all employees. All new employees will undergo testing for the use of drugs and alcohol. Initial drug testing as a pre-condition of employment shall be the responsibility of the applicant. Applicants who are offered a position shall be required to take a drug test and, upon successfully passing said test, shall be reimbursed for its cost.

B. All testing procedures shall comply with all alcohol and controlled substance testing procedures contained in 49 Code of Federal regulations Parts 382,291,192, and 395. The Board recognizes its obligation to protect individual dignity, privacy and confidentiality in the program. Specimen analysis shall be conducted in a manner to assure a high degree of accuracy and reliability and using laboratory facilities, which are certified by the U.S. Department of Health and Human Services and the Florida agency for health care administration.

A. Vacancies: All coaching positions must be advertised through the Monroe County School Board’s Personnel Department. When vacancies occur and there are qualified applicants within the school, or system, these individuals shall be considered prior to other applicants.

B. Job Descriptions/Objectives: During the 1997-98 school year a study committee will be appointed to develop job descriptions and objectives for coaches. This study committee will be structured as outlined in Article XXIX of the contract.

C. Program Review: All head coaches shall meet with their athletic directors and/or principals within 30 days after the completion of his/her season. Each head coach will be given important feedback on program objectives as well as the following:

Effectiveness of supervision of players

Disciplinary expectations imposed and enforced

Coordination of fund-raisers

Interpersonal communication with players

Communication with parents

Communication with Administration

Inventory maintenance and control

Sportsmanship of players on and off the field

Operation of the program within the budget

Effective communication with the media

This important feedback will give the athletic directors and/or principals an opportunity to set expectations for their program. The established evaluation form shall be used for feedback.

D. Athletic Directors: The duties and responsibilities of athletic directors have expanded as well as the number of programs at each high school. In the best interest of all athletes, directors should not be a head coach of another sport. It is not the intent of this language to limit the flexibility of administration.

E. Supervision of Athletes: The athletic director at each high school will require the head coach of each sport to formulate a written plan prior to the season to supervise male and female athletes on and off the field, on away trips, etc. This plan will emphasize the importance of supervision as it relates to liability.

The principal shall advise the faculty of the amount of monies available for the purchase of supplies, materials and equipment for the coming school year. The principal, with the building level planning team, after considering input and commendations from the faculty, will develop plans for the expenditure of these funds.

Class size and other related curricular matters shall be determined by the school site Building Level Teams in accordance with the procedures established in Article XXVII, School-Based Management, Building Level Planning Teams.

Teachers shall not be assigned or required to perform the following non-teaching duties:

A. Lunchroom supervision during the duty-free lunch period for employees who have duty-free lunch periods.

B. Cleaning or moving equipment or furniture.

C. Performing anything other than preventive maintenance on equipment which is part of their instructional program.

D. Hand scoring of any countywide standardized tests except at the kindergarten level.

E. Assuming administrative duty in lieu or in the absence of the principal unless functioning as the principal's administrative designee.

F. Preparing work assignments for students who have withdrawn from the Monroe County School System and who are enrolled in the home school program.

Capitalizing on one's position in the Monroe County schools to sell merchandise or services will be considered a violation of this contract. Solicitation by members of the unit is forbidden except when approved by the Superintendent for school or community campaigns of unusual merit.

Section 3: Tutoring

The following rules shall apply to any public school employee who engages in independent tutoring for a fee of any student enrolled in the public school:

A. The employee shall not arrange to tutor for a fee any student currently enrolled in his/her class, or to solicit any student for a private school.

B. The employee shall not tutor any student for a fee during regular working hours of the employee nor on public school premises.

C. An employee who accepts tutoring engagements shall make his/her own arrangements with the parents for the fees to be charged.

No teacher may use his regular work hours to earn compensation from sources other than the Board except for services construed to be desirable public services approved by the Superintendent.

A teacher on continuing contract in Monroe County who leaves the employment of the Monroe County School System and is re-employed and holds a regular certificate, may return to professional service contract status if so recommended by the Principal and the Superintendent.

A teacher who leaves the employment of the Monroe County School System on annual contract and returns to the system after a lapse of time of not more than two (2) years, may be eligible to return at the contractual status and salary rate the teacher would have received had the teacher been on leave if so recommended by the Principal and Superintendent.

A teacher who has previously held a continuing contract in another county, upon employment by the Board, may be awarded a professional service contract by Board action.

Recognizing the need to maintain both staff stability and opportunities for employees to transfer from one work location to another, the Board agrees to provide an opportunity for voluntary transfers based upon the following principles:

A. Application for Transfer: Applications for transfer on forms furnished by the Board shall be filed with the District Personnel Department with a copy to the principal by May 30, prior to the beginning of the school year in which the transfer is to take effect. Applications may be filed after this deadline and will be processed if and when it appears that all vacancies in the work location will not be filled by prior applicants, surplus employees, or new employee appointments. The application form shall provide the employees with the opportunity to list up to three (3) schools to which a transfer is requested. Employees wishing to activate a transfer application are not subject to prior approval by their principal.

B. The Transfer List: A list of employees seeking transfer, to be known as the Transfer List, shall be established and maintained by the Personnel Department. The Personnel Department shall, as soon as possible and contingent on central data processing's ability to process the workload, make available to appropriate administrators and to the Union, personnel lists of those personnel interested in transfer to the work location they administer.

C. Announcement of Vacancies:

1. Administrators shall announce vacancies to the Personnel Department as soon as possible. Lists of announced vacancies for the following school year shall be prepared commencing May 15th and shall thereafter be published through Tropic Topics as soon as possible and distributed to each work location and to the Union.

2. All vacancies shall be posted in each school. Posting shall include all known vacancies, which will occur, newly created positions, the date the vacancy will occur, and the date the vacancy is expected to be filled.

3. No vacancy shall be filled unless notice of same has been stated in Tropic Topics or posted on bulletin boards in the schools for a minimum of three (3) days for vacancies that occur during the school year. After the post planning period and until the beginning of the pre planning period, a notice of all vacancies will be posted on bulletin boards in the schools and the Personnel Department and will be faxed to the UTM office as they occur. Such notices will provide for a minimum of a ten (10) day period of application.

D. Filling of Vacancies: Employee requests for voluntary transfer will be considered through June 30 of each year. Employee transfer requests will be considered prior to assigning surplus personnel or new hires. Consideration includes qualifications, training, experience, annual evaluations and time in the District. Employees requesting a transfer will be interviewed and considered at all sites to which they have requested a transfer when a vacancy for which they are qualified is advertised. If a principal denies the request, he/she shall notify the teacher in writing prior to considering other applicants outside the system and a fax copy of the notice to UTM. Such transfer requests will continue to receive consideration after June 30, and subsequent vacancies may be filled by employees who have requests for transfer on file.

E. Notification: Transfers shall be made effective as of the reporting date for teachers in August. The Personnel Department will assist those employees seeking transfers under the provisions of this section. Notification re-assignments shall be furnished to the union.

A teacher may be transferred from one school to another within the county and on the level provided by the certificate of the teacher concerned when, in the judgment of the Superintendent, the interests of the educational program will be better served. The Superintendent will have complete discretion with reference to transfer and will consider, among other things, the suitability of the teacher qualifications as they relate to the needs of the position to be filled, the teacher's personal preferences and place of residence. The teacher and the UTM President will be notified in writing when an involuntary transfer is planned. In addition, the teacher will be consulted prior to the transfer, and will be provided with a written explanation of the reasons for the transfer, with a copy sent to the UTM President.

No later than sixty (60) days prior to the end of the current school year, subject or grade preference sheets shall be distributed to all teachers. Preference indicated will be considered in the formulation of teacher schedules. When a principal plans to assign a teacher to a subject or grade other than the teacher's indicated preference, the principal will meet with the teacher affected to discuss and review the rationale for the assignment prior to the date set for tentative program notification.

No later than fifteen (15) days prior to the last day for teachers, teachers shall be notified of the following matters concerning their tentative program for the following term:

A. Subjects or grades to be taught.

B. Any special or unusual classes that teachers will be required to teach.

C. The session to which a teacher will be assigned if the school operated on more than one (1) session.

No later than five (5) days before the last day for teachers, teachers shall receive their tentative building assignments for the following school year including assigned periods, grade levels and rooms where the teaching assignments will occur.

In order to make certain that teachers are not frozen in positions which are relatively easy or difficult in terms of reading and math achievement, or which were not the teacher's preferred assignment, a teacher who has been assigned to a class in one (1) category for a period of one (1) year may, upon request be assigned to another for the following year.

Teachers will not be involuntarily assigned outside subject areas listed on their certificates for more than one (1) year. The reason for such assignment shall be stipulated in writing.

In selecting teachers for new positions created at or before the beginning of the school year, first consideration, which includes qualifications, training, experience, annual evaluations and time in the district, shall be given to members of the current staff who apply before applicants outside the school are considered for such positions.

Any person employed regularly by the Board who is assigned to work with a project funded from sources other than the State and local tax sources shall retain all the rights and privileges and accrue all rights and privileges as if he/she had remained in his/her original position. Those persons initially employed specifically for purpose of working in a project that is funded from sources other than State and local tax sources shall secure all rights and privileges as any other person employed in the regular program but shall not be guaranteed continued employment. If such person is reassigned to the regular program, with no lapse of time he/she shall be entitled to retain all the rights and privileges accrued under the program funded.

A. All employees of the school system are appointed by the Board upon the nomination of the Superintendent. Principals shall notify all annual contract teachers not recommended for reappointment in writing at the same time that the Superintendent makes his/her recommendation to the Board. However, any such annual contract teacher who receives a satisfactory evaluation will be placed on a list, with area of certification identified, and shall be eligible to be rehired within his/her area of certification. Immediately following Board action for reappointment the above list will be prepared and circulated to all principals. This should occur no later than one week after the end of the legislative session. Failure of a Principal to notify a teacher shall not be construed to mean that the teacher has been re-appointed.

B. Any former employee who resigns and who is subsequently re-employed by the Board without a break in service shall have his/her resignation rescinded by the Board and shall be eligible for all benefits that would have accrued to him/her had he/she not submitted a resignation.

Any regular full-time employee may teach in the adult program in addition to his/her regular employment for a maximum of three (3) nights per week, Monday through Friday. Teaching in excess of three (3) nights per week may be approved in any emergency by the vocational or adult education director with approval of the Assistant Superintendent. Prior to filling a vacancy, notice of such vacancy shall be provided to District personnel through Topic Topics.

A. Principals shall have the right to assign a teacher to administrative duty when the teacher's schedule of assigned periods includes "administrative assignments." Examples of such assignments are as follows: study hall supervision; building supervision, including halls and restrooms; playground supervision; lunch supervision; supervision of textbook rooms and student stores; supervision of internal suspension centers; student attendance; and academic counseling of individual students or small groups of students. Whenever possible, schools shall endeavor to staff internal suspension centers with staff members hired for that purpose. When the building level planning team and the principal determine that a plan for such supervision is infeasible given the school's resources, administrative assignment of teachers to supervision of internal suspension centers shall be made first from those teachers who volunteer for this duty in lieu of other administrative assignments.

B. Teachers who volunteer to substitute during their administrative duty period shall be compensated at the substitute rate in accordance with section 2(G) of Article IX.

C. In order to provide an opportunity to use teachers as tutors during an administrative assignment period, teachers who are willing may volunteer to tutor students in subjects on the student's academic schedule during their administrative assignment period. These teachers shall receive a period of planning during their administrative assignment period for each period of tutoring. A record shall be maintained for this purpose by the principal or his/her designee.

D. In the event that there are more volunteers than there are tutoring positions available in a given period, those positions shall be rotated among the available volunteers on a semester basis. A list shall be maintained by the principal and/or his designee for this purpose.

A. At individual work site locations, permanent substitutes shall be under the direct supervision of the principal and shall be available to cover classes all day, or for segments of the day, and shall perform any other duties as assigned when not needed in an instructional capacity.

B. When assigned to substitute for a regular teacher for a specific length of time in excess of thirty (30) days when such assignment requires the permanent substitute to plan for instruction, grade papers, etc. in place of the regular teacher, the permanent substitute, if eligible and willing, shall be employed as an emergency teacher for the time he/she remains in the assignment beyond thirty (30) days or will be relieved of the assignment. Any permanent substitute working beyond the 30-day limitation shall be compensated according to the bachelor teacher's salary schedule at step zero retroactive to the 30^th day.

C. Permanent substitutes who have rendered satisfactory service may be given consideration for employment as regular teachers if they are properly certified and if vacancies exist.

A. The Board and the Union agree that students in Exceptional Student Education (ESE) programs may be included or mainstreamed into regular classrooms. Placement of such students into regular classrooms shall meet all of the requirements for a least-restrictive environment as defined in the Education for All Handicapped Children Act (P.L. 94-142).

B. Prior to mainstreaming or including a student in a regular classroom, the diagnostic team composed of the classroom teacher, principal, ESE teacher, diagnostic/prescriptive writer and, where appropriate, other professional personnel, parents and the student will meet to consider appropriate educational and medical information and to develop an individual educational program (IEP). The impact of the placement on those students without a disability in the regular education classroom shall be considered prior to the placement.

C. In making a decision on the placement of a student with special needs to be mainstreamed or included in a regular classroom, the following conditions will be met:

1. The District will attempt to assign students for mainstreaming or inclusion to teachers who volunteer for such assignment. In the absence of teachers who wish to volunteer, teachers will be administratively assigned students for mainstreaming and inclusion in keeping with B above.

2. Such placement will best meet the student's educational needs as determined in paragraph B above. At the request of the receiving teacher, the diagnostic team shall meet within five (5) teaching days to review the IEP of any special needs student mainstreamed or included in his/her regular classroom.

3. The receiving teacher shall receive the appropriate training identified by the diagnostic team prior to and during the placement of any student in his/her classroom.

4. Individual Education Plans (IEP's) shall be the responsibility of the ESE teacher after discussions with the classroom teacher and the diagnostic team. Any special lesson plans or assignments, tests or grading procedures shall be the responsibility of the ESE teacher.

5. Any special allocations, equipment or services, which may be provided or available to the student, will be made known to the teacher.

6. Teachers shall not be required to administer medication. This function, if needed, will be done in accordance with the established District procedures for the storage and administration of medicine.

7. The size of the student enrollment shall be considered prior to and during the placement of students who are mainstreamed or included in a teacher's class. Included ESE students assigned to a regular education class will be distributed across all appropriate available regular classes at no more than 10 percent of the class enrollment. However, when the cap is exceeded in all appropriate available regular classes, students to be placed in accordance with their IEP, will then be placed in an appropriate regular class.

8. When determined by the diagnostic team, a trained teacher aide and/or appropriate ESE support staff shall be provided whenever the student is in the regular classroom. Trained teachers aides providing personal services to handicapped students in accordance with an approved IEP shall be responsible for the personal care and other assistance that may be required during lunch, recess and during all class/instructional time. When the aide is absent, a substitute shall perform his/her duties.

9. Clear administrative procedures shall be established for carrying out emergency evacuation drills and students with special needs shall clearly understand these procedures and any special conditions, which apply to them.

10. Rooms housing students with special needs will be equipped with approved intercommunication devices.

D. The District will consider the impact on the size, the environment of the class and the teacher in including students with special needs.

E. A committee shall be established for the purpose of reviewing matters concerning mainstreaming and inclusion in the district.

1. The committee shall be composed of: the UTM President, four (4) UTM appointees, the Superintendent of Schools or his/her designee, the Director of Exceptional Education, one (1) elementary administrator, one (1) middle school administrator, one (1) secondary administrator, and one (1) representative from the District's diagnostic/prescriptive team.

2. The committee shall meet, at a mutually agreeable time, at the request of either party, to discuss topics related to mainstreaming and inclusion and to make recommendations to the Board with copies to the union.

1. Special emphasis shall be given to reviewing and identifying the training needed for classroom teachers and support staff to accommodate the special needs of students who are mainstreamed and included in regular classes.

Section 13: Distance Learning

During the 1998-1999 pilot of distance learning, the following procedures shall serve as guidelines. The District and the Union agree to revisit these guidelines at the end of the year. In order to provide students with educational opportunities beyond the ability of their school site, the District and the Union agree to the following distance learning procedures:

1. Distance learning assignments will be made based on need, teacher certification, and teacher interest, with the consent of the teacher.
2. Tapes of distance learning courses or instructional tapes in which faculty members are instructing will be erased after each class, unless the instructor gives permission for use of the video beyond the scope of the instructional period.
3. The teacher's evaluation will be made utilizing the policies and procedures already in force. Video tapes of the lessons will not be used as a part of the teacher evaluation process.
4. Any discipline of students shall be the responsibility of the school that the students attend.
5. All distance learning courses shall be taught by a certified, in-field teacher, who shall be the teacher of record.
6. Monitoring of any remote site shall be done by a certified teacher.
7. The District is encouraged to give distance learning teachers sufficient preparation time to enable them to prepare for interactive teaching.
8. The class size of the distance learning teacher shall be limited to no more than thirty (30) students, including the host site and all remote sites.
9. The distance learning teacher will prepare all tests and provide them to the monitoring teachers, who will be responsible for test administration and supervision. All grading will be the responsibility of the distance learning teacher.
10. Any teacher selected to teach a distance learning course shall be required to complete the appropriate training sessions.

Summer school employment shall be on a voluntary basis. All currently employed instructional staff members are eligible to apply for summer employment

Section 2: Selection Criteria

In selecting teacher staffs for the summer, employment shall be offered to those teachers meeting the following criteria. When such personnel are not available, the following criteria shall be waived:

A. Teachers who are certified in the subject area at the level in which selected to teach.

B. Teachers who are currently employed and will be returning to teach in the system in the next school year.

C. Teachers who have submitted a written application to the on-site summer school principal or to the elementary school principal by a deadline to be published in advance in Tropic Topics. All applications shall be kept on file at the school office, and a copy of each shall be sent to the UTM President.

Teachers employed to work in the summer shall be notified as quickly as possible.

Supplements for special duties shall be paid only if the person performs that duty during the summer program.

A. Qualifications: Applicants for the position of teacher intern supervisor shall:

1. Hold a continuing contract or professional services contract;

2. Currently be teaching in the same field or at the same grade level as the teacher intern applicant.

B. Assignment: Assignment of a teacher intern to a supervisory teacher shall be made only with voluntary consent of the supervisory teacher. Teachers shall be assigned no more than one teacher intern per year. Existing guidelines should be given to supervisory teachers as soon as possible.

A. Qualifications: Applicants for the position of peer teacher shall:

1. Hold a continuing contract or professional services contract;

2. Currently be teaching in the same field or at the same grade level as the beginning teacher; provided, however, that a teacher certified in the same field or at the same grade level shall qualify if there is no one available who is currently teaching in the same field or at the same grade level as the beginning teacher.

3. Complete the district's peer teacher training program or approved equivalent training program by the end of the first semester in which the assignment is made.

B. Training: Peer teacher training shall be offered by the district on an annual basis unless no teacher has requested the training or no teacher has been assigned as a peer teacher who needs the training. The training shall be given during the normal school year.

C. Assignment:

1. The district shall advertise for volunteers for the peer teacher program during the preplanning period. Assignments which arise during the school year shall be offered to those who applied during the preplanning period before being offered to other qualified teachers provided they meet the qualifications of paragraph A. Pay for late entries will be prorated.

2. Assignment of a beginning teacher to a peer teacher shall normally be made only with the voluntary consent of the peer teacher. However, the Superintendent shall have the right to assign a beginning teacher to a peer teacher when circumstances require such to be done (e.g., a lack of sufficient number of teachers who consent to supervise a beginning teacher). Peer teacher appointments shall be rotated among all qualified volunteers within the same field or grade level. Whenever, possible, a peer teacher shall supervise no more than one beginning teacher.

3. When no teacher exists at a school site who is qualified as a peer teacher as defined in paragraph a above, a trained peer teacher will be assigned for support at the school site. Supplemental support will be provided through the professional educator and/or an ad hoc person(s) who is an experienced teacher who holds a valid regular certificate and teaches in the same field or at the same grade level as the beginning teacher.

D. Duties and Responsibilities: Assignment as a peer teacher shall be a supplemented assignment. The duties of the peer teacher shall include, but shall not be limited to:

1. Support and assist the beginning teacher to develop competencies and effect improved teaching skills;

2. Assist the beginning teacher in the development of meaningful lesson plans;

3. Demonstrate effective teaching strategies by example;

4. Assist in the formulation of a professional development plan;

5. Demonstrate and assist in classroom management skills, behavior modification techniques and motivational strategies.

6. Apply knowledge of effective teaching practices to a specific subject area(s) to assist in the development of instructional effectiveness in subject matter teaching by the beginning teacher.

Each instructional staff member who is to be assisted by an aide should complete the staff development component for the effective use of aides.

Each school site shall conduct an orientation program for new aides at the beginning of the year during pre-planning.

Employees shall be required to wear the safety devices, protective clothing or equipment designated by management for employee protection. Safety devices and equipment, when required, will be provided by the Board. Refusal or failure of an employee to use or wear such devices or equipment, shall be grounds for appropriate disciplinary action, including dismissal.

A. In the event teachers are exposed to toxic chemicals as part of their ordinary duties, they will be given prescribed examinations and treatment at the time of such exposure and thereafter determined by the examining physician. Employees will be examined or treated on the Board's time or on approved leave time if necessary and the Board will bear the expense up to the limits provided for Worker's Compensation. In these instances, employees may apply for illness-in-the-line-of-duty leave which, when approved, is not deducted from the employee's sick leave.

B. In the event teachers are exposed to communicable diseases as part of their ordinary duties, they may receive prescribed examinations and tests at the Monroe County Health Department Unit. Tests and examinations to certify that the teacher no longer has a communicable disease may also be secured through the Monroe County Health Department. If necessary, these tests may be done on the Board's time or approved leave time. In these instances, employees may apply for illness-in-the-line-of-duty leave which, when approved, is not deducted from the employee's sick leave.

C. In all instances referred to in this section, refusal by an employee to submit to such examinations and tests shall be grounds for appropriate disciplinary action, including dismissal.

D. The results of any and all examinations and/or tests made under the provisions of this section shall remain confidential.

 

In the event an employee is involved with an accident or injury, an accident report will be completed and distributed to the Superintendent.

When buses are used for local or out-of-town athletic or field trips, they shall be driven by qualified, licensed school bus drivers. At no time shall a coach or other teacher be required to drive a school bus. Provided, however, that any school employee who qualifies and receives his/her school bus driver's license may volunteer to drive the bus.

If, in an emergency situation, it becomes necessary for a coach or assistant coach or teacher to drive the bus, he/she will be compensated at the hourly rate for transportation personnel paid by the Board.

Any employee summoned to the office of a principal, assistant superintendent, the Superintendent or his/her designee for an interview for the record shall be informed of that fact as well as his/her right to representation. In addition, the teacher shall be told of the nature of the subject matter to be discussed. Further, at any time during a conference or interview with a principal, assistant superintendent, the Superintendent or his/her designee, should it become one for the record which may lead to disciplinary action or reprimand, the teacher shall have the right to request that the conference or interview be suspended until he/she can be accompanied by a union representative or witness. The employee shall have the responsibility of contacting the Union for representation. Should a union representative not be available, the employee may request a delay of up to 48 hours in order that a representative or witness can be present. The matter of whether a union representative is to be present at a conference for the record shall be determined solely by the teacher. This section shall not be construed to require union representation at conferences, which clearly have no indication of or basis for disciplinary action or reprimand.

Section 2: Resignation

An employee may request to resign from his/her position upon at least thirty (30) calendar days with written notice. Less notice will be considered in the case of emergency. The employee shall submit the resignation request to his/her principal or supervisor who shall submit a written recommendation to the Superintendent for review and final disposition.

Employees shall have full access to Board Rules in the library or office of their school site and any other information, which would be subject to the Public Documents Law.

A. Any member of the instructional staff employed on a fifty-one percent (51%) or more contract who is unable to perform his duty in the school on account of personal sickness, accident disability or extended personal illness, or because of illness or death of father, mother, brother, sister, husband, wife, child, or other close relative, or member of his own household and consequently has to be absent from his work, shall be granted leave of absence for sickness.

B. The Superintendent may require a certificate of illness from a licensed physician or from the County Health Officer to substantiate a claim for sick leave or that the employee is able to work and perform his/her duties.

C. An employee shall be eligible to utilize sick leave for the purpose of medical and/or dental examinations. Such leave shall be deducted from accrued sick leave in half or full day units, provided, however, that no employee shall be compelled to utilize more sick leave than is required by the employee. Principals or supervising administrators may, at their discretion, release unit employees for up to two (2) hours without sick leave being charged against the employee for the purpose of medical and dental examinations if it does not interfere with teaching duties.

Any member of the instructional staff who finds it necessary to be absent from duties because of illness and who has already utilized all of the sick leave for which he/she is entitled to receive compensation shall be granted extended sick leave without pay upon returning from absence and filing a claim setting forth the day or days absent stating that such absence was necessary. The Superintendent may require a certificate of illness from a licensed physician or from the County Health Officer to substantiate a claim for extended sick leave or to verify that the employee is able to work and perform duties.

Any member of the instructional staff shall be entitled to illness-in-line-of-duty leave when he/she has to be absent from his/her duties because of a personal injury received in the discharge of duty or because of illness from any contagious or infectious disease contracted in school work. The following requirements shall be observed: Duration of leave and compensation: Leave of any such member of the instructional staff shall be authorized for a maximum of ten (10) school days during any school year for illness contracted, or injury incurred, from such causes as any school year for illness contracted, or injury incurred, from such causes as described in the preceding. However, the Board may grant additional emergency sick leave out of local funds where the Board deems it necessary and proper to do so.

Section 4: Sick Leave Pool

A. Purpose: A sick leave pool has been established, effective January 1, 1981, in order to provide members of the bargaining unit with an emergency pool of sick leave days in cases of prolonged absence due to personal illness or disability beyond those days available under personal sick leave or such other leave as may be available upon School Board action.

B. Benefits: A member of the pool shall, upon proper application, be eligible to receive up to forty (40) days from the pool per illness the first year and fifty (50) days per illness the second year.

C. Rules: Rules governing administration, membership and requirements of the Sick Leave Pool are included in Addendum A of this contract.

Instructional personnel may be granted five (5) days of personal leave with pay per school year under existing administrative guidelines for the purpose of conducting personal business involving special obligations which cannot be scheduled on non-duty days. Such leave shall be chargeable to sick leave and shall not be cumulative from year to year.

Beginning with the 1990-91 school year, one additional day of personal leave with pay may be used solely for the professional development of the applicant as an educator. Acceptable professional development activities for which this leave may be used shall include attendance at professional education conventions, conferences, workshops and seminars which are directly related to the applicant's instructional position or the education profession. Such leave shall also be chargeable to sick leave and shall not be cumulative from year to year.

A. Requests for personal leave should be submitted to the principal or designee at least five (5) days prior to the date that the employee desires to be absent from his/her duties. Less notice may be acceptable in the event of unforeseen circumstances.

B. In all instances, the request is subject to the approval of the employee's supervisor who must determine that a suitable substitute is available and the educational program for which the employee is responsible will not be impaired. In no instances may a principal approve personal leave for more than ten percent of the instructional staff at a school on a given day. However, the principal may approve more than ten percent of the instructional staff on a professional day when in his/her judgment such approval will not interfere with the school program and activities established for that day.

C. Personal leave may not be granted to extend vacation time on the days preceding or following school holidays or recess periods except in unusual circumstances and not unless approved by the employee's supervisor after a satisfactory explanation for the request.

D. Under no circumstances may personal leave be used to engage in a strike, picketing, or demonstration or in any other concerted activity regarding conditions of professional service or policies of the school district or in activities which disrupt the normal activities of any school.

All instructional personnel called into active military duty by the Federal Government or who volunteer for active duty are to be considered on leave from their positions until said teachers are discharged by the military.

Personnel belonging to one of the military reserve organizations requesting summertime training will be allowed professional leave with compensation, only if such training cannot be taken during the vacation period. A statement from the commanding officer designating the date of the required duty shall accompany the request for leave.

A. Any member of the instructional staff who is required to serve as a juror during his/her working hours, or who is subpoenaed to testify in court involving the Board during such hours, shall be paid the difference between his/her regular salary and the basic fee received for such services excluding sums paid for travel expenses; except, that a teacher may elect to inform payroll in advance of reporting for jury duty that he/she will be returning the fee to the payroll department, in which case the teacher shall receive his/her regular paycheck. The final paycheck of the school year for a teacher exercising this option may be withheld if the conditions of this paragraph regarding the returning of the fee to the payroll department are not complied with. This provision is subject to any changes in law regarding this type of leave.

B. In no case shall temporary duty leave with pay be granted for court attendance when an employee is engaged in personal litigation. Employees who have accrued personal leave shall be granted such leave upon request, and shall retain witness fees.

The Board agrees to provide temporary duty release time without pay for employees who are elected or appointed public officials to attend official meetings of their respective public bodies.

A. Professional leave with pay for instructional personnel may be granted during the post and pre-school period for attendance to summer sessions of colleges and universities if such leave does not interfere with the applicant's teaching duties. Reasonable time allowance for travel may be granted. This means a teacher cannot leave before report cards, records, etc., are completed to the satisfaction of the principal.

B. Number of days granted for professional leave with pay shall not exceed ten (10) days during any calendar year.

C. Instructional personnel must have been employed the previous year in Monroe County and must have indicated intent to return the following year in order to be eligible for professional leave with pay.

D. Instructional personnel must present satisfactory evidence of having attended summer school.

E. The Superintendent may grant leave for temporary duty elsewhere for any member of the instructional staff to attend professional meetings or receive training during the period of regular employment. Such leave shall be considered in line of duty.

F. Realizing that exceptions may arise, the Superintendent will consider special cases on their own merit to be submitted to the School Board for approval when recommended by the principal provided such cases are permissible under State regulations.

A. Extended leave for professional development may be granted for a period not to exceed one (1) year to any member of the instructional staff who has served satisfactorily and successfully in the District, provided also that partial compensation may be authorized only when the person has served in the District for at least three (3) years or when the leave is granted for additional study in accordance with policies of the Board relating to its program of staff development.

B. When any teacher on continuing contract or professional service contract returns from any extended approved leave, the personnel director of the district shall attempt to place such teacher at the same school to which the teacher was assigned prior to such leave.

The Board has established sabbatical leave in order to encourage and allow its instructional personnel to continue their professional development.

A. A teacher who has seven (7) years of continuous service in Monroe County, who is not over sixty (60) or within three (3) years of normal retirement, may apply for a year's leave of absence for the purpose of professional advancement.

B. The number of sabbatical leaves granted per year shall not exceed two (2).

C. Applications for sabbatical leave must be filed through a teacher's principal to the Superintendent not later than February 15th of the year preceding the year of leave requested.

D. Every employee of the Board applying for sabbatical leave to attend college must file with the application detailed information as to the type of college work anticipated. Each employee of the Board on sabbatical leave attending college shall earn not less than the number of semester hours required of the average student enrolled at the institution taking graduate work for an advanced degree. A record of all credits earned shall be filed in the Superintendent's office at the end of each grading period. Should the Board have evidence at any time that the employee is not earning the required semester hours or is employed regularly by another school system or agency, or is violating the Agreement in obtaining sabbatical leave the salary payments will be discontinued.

E. The annual salary of a staff member on sabbatical leave shall be $14,050 plus health insurance and VISTA contribution benefits.

F. All employees granted sabbatical leave must stay under contract for two (2) years following the expiration of their leave, and as insurance to the District for monies spent, will sign a legal not to the district which will be null and void after two (2) years teaching in the District. An employee shall receive pro rata credit for time served, should he/she find it necessary to leave the district prior to fulfilling the terms of the legal note.

G. Sabbatical leave is not to be considered a termination or break of continuity of employment, and a teacher on leave shall be returned to a position in the area of certification held and at the same place on the salary schedule which he/she would have attained at the beginning of sabbatical leave, and retaining all benefits except for accrual of sick leave he/she would have earned, had the leave not been taken. The period of such leave shall count as regular service for the purpose of retirement, and contributions to the retirement fund shall therefore continue during the sabbatical leave.

H. No instructional employee may be granted sabbatical leave to begin at a time that will be disruptive to the instructional program.

I. A person on leave, other than personal leave, may be granted sabbatical leave while on such leave. The leave year counts as credit toward the number of required years of eligibility toward sabbatical leave provided that leave is less than one-half (1/2) of the regular contractual period.

J. Fellowships, NDEA, institute and other aid shall not affect sabbatical leave pay.

K. Approved exchange teacher shall not affect sabbatical time.

L. An instructional employee on sabbatical leave who becomes eligible for parental leave, through pregnancy or the birth or adoption of a child, may revert to parental leave, and sabbatical leave shall stop.

M. If an instructional employee is granted parental leave, it shall automatically interrupt his/her sabbatical leave time.

A member of the instructional staff who is willfully absent without leave shall forfeit compensation for the time of such absence and his/her contract may be subject to cancellation by the Board.

Paid legal holidays shall be provided as follows. Ten-month employees shall earn six (6) paid holidays as designated in the District's school calendar. Eleven-month or summer school employees who work during July shall earn one (1) additional paid holiday. The holidays shall be: Martin Luther King day, President's Day, Labor Day, Veteran's Day, Thanksgiving Day (1), Memorial Day and Fourth of July (if working in summer school).

In order to encourage and reward personnel who exercise particular care in the maintenance of their personal health and job attendance, the Board will provide terminal pay to an employee at normal or early retirement as defined by the State Retirement Plan or to his/her beneficiary if service is terminated by death. Terminal pay shall not exceed an amount determined by the daily rate of pay of the employee at normal or early retirement or death multiplied by one-half (1/2) of the total number of accumulated sick leave days credited to the individual up to 150 days. The days for which terminal leave will be paid shall not exceed 75 days as of the 1996-97 school year.

Members of the instructional staff shall be granted leave of absence for one month or more for personal reasons, without pay, upon submitting a request explaining the circumstances and necessity for such leave to his/her immediate supervisor. Such leave, if deemed to be necessary by the supervisor, must also be approved by the Superintendent. Such leave should be approved in advance whenever possible. Employees on such leave shall not accrue, or be entitled to, any benefits while on leave.

Section 16: Parental Leave

Any employee who wants a leave of absence for the purpose of childbearing and/or rearing may be granted personal leave without pay. An employee shall also have the option of using available sick leave for childbearing.

Section 17: Continuity of Employment

No approved leave shall constitute a termination or break of continuity of employment

Criticism of a teacher by a principal or administrator will be dealt with on a professional and confidential basis.

When a written or verbal complaint about a teacher is received from a parent, student or any non-supervisory personnel, the following procedures shall be followed:

A. The principal or immediate supervisor shall acknowledge and accept the complaint, and inform the complainant that the matter will be looked into.

1. The principal or immediate supervisor shall confer with the teacher, inform the teacher of the complaint, receive the teacher's explanation and, if necessary, request the complainant to come in for a conference with the teacher at a time mutually agreed upon by all parties. However, the principal and the teacher may agree to both meet with the complainant initially.

2. If any party is not satisfied with the outcome of the conference with the teacher, another conference may be set up with the complainant, the teacher and the principal or his/her designee.

3. The use of tape recorders or other mechanical devices is expressly forbidden in these situations.

B. When the principal or immediate supervisor is unable to establish proof as to the validity of the complaint, he/she shall be prohibited from noting any such complaint in the teacher's personnel file, and no further action shall be taken.

C. When the principal and teacher agree to use the complaint as an opportunity to bring about professional growth and improvement in the teacher, the complaint shall be used by the principal as a learning situation for the teacher.

1. The principal shall provide assistance to the teacher in an attempt to develop improvement.

2. Complaints handled in this manner shall not be used for disciplinary or administrative action.

3. No documents involved in the complaint shall be made a part of the teacher's personnel folder.

4. This option is not to be confused with the NEAT procedure as described in Florida Statutes 231.29 or with a professional development plan as described in Florida Statutes 231.6125.

D. When the principal determines that the complaint forms the basis for further administrative action or that it may lead to disciplinary action, the procedures of Article XX, Section 1 shall be followed.

E. When a principal or immediate supervisor finds it necessary to make a notation in a teacher's school site file which reflects adversely upon the teacher's conduct and performance, an opportunity shall be afforded the teacher to read such notation.

1. The teacher shall acknowledge that the notation has been read by affixing his/her signature on the document in the school site file, with the understanding that a signature does not indicate agreement with the contents of the notation.

2. The teacher shall be afforded an opportunity to answer such notation in writing, and his/her response, if any, shall be affixed to the school file copy.

3. The teacher shall have the right to be accompanied by a representative of the union or other witness at any meeting required by the procedures set out in this subsection (E).

 

All teacher personnel files shall be maintained under the following circumstances:

A. No letters of reprimand that would indicate specific dissatisfaction with a teacher's performance or letters of disciplinary action shall be placed in the teacher's files until the teacher has read the material. The teacher shall have the opportunity to acknowledge that he/she has read such material by affixing his/her signature on the actual copy files, with the understanding that such signature only signifies that he/she has read the material to be filed and does not indicate agreement with its contents.

B. The teacher shall have the right to answer any material filed and his/her answer shall be attached to the filed copy.

An employee shall be permitted to examine his/her file upon request when, in the judgment of the Director of Personnel, the circumstances permit. The Personnel Department will give such requests priority between the hours of 3:00 p.m. and 4:00 p.m. and on professional days. A Union representative shall be permitted to examine an employee's file when authorized in writing by a notarized statement to do so by the employee.

The employee or authorized Union representative shall indicate in writing that such file has been examined. The employee or authorized Union representative shall be permitted conveniently to reproduce at his/her expense on the Board's premises, any material in the file. The validity of items of a derogatory nature placed in the personnel file of any unit member shall be subject to the grievance procedure.

Personnel files will be maintained in accordance with Florida Statute 231.291 as outlined in Addendum B to this contract.

All teachers shall be given a copy of the evaluation criteria, annual evaluation and observation forms to be used in each school. The criteria and forms will be explained at a faculty meeting to be conducted during pre-planning. (Copies of all forms, including parent input form and growth in student achievement indicator, can be found in Appendix D.)

A All observations of teachers for purposes of evaluation shall be conducted openly and with full knowledge of the teacher. In the event the teacher and principal agree that the educational and/or emotional interests of the students in the teacher's charge will not be best served at a given time by a visitor in the classroom, the observation may be rescheduled. At least one (1) observation shall be completed prior to April 15.

B. A minimum of two (2) observations of teachers shall be required in each school year, except that:

1. All AC teachers in their first year with the District shall receive the minimum number of observations within the first 97 days of the school year.

2. All AC teachers in their third year of employment or in the year of consideration for PSC shall receive a minimum of three (3) observations for the record. All three observations shall not be made during the same month.

3. For personnel on CC or PSC status, a single observation, if acceptable, shall suffice.

4. All teachers on Interim Review process are exempt.

Observations which are to be used for evaluation shall be made in writing on appropriate forms, and a copy shall be given to the teacher at a conference within eight (8) working days of the observation, unless the principal is ill or out of town. Upon request, the teacher shall be provided an additional observation after each formal observation used for the purpose of evaluation.

Section 4: Availability of Data

A. All data pertinent to the evaluation shall be made available to the teacher upon request.

B. Written records of observations, including teachers' names and the date and time of each observation made, shall be submitted by each principal to the Superintendent at the end of the first eighteen (18) weeks of school and again at the end of the school year.

Annual contract teachers shall be informed of accumulated evaluation data by the end of the first eighteen (18) weeks of school. This may be done at a conference with the principal upon request of the teacher. This data shall include at least one (1) classroom observation. A teacher may be entitled to Union representation if he/she so desires. At the conference, if the principal has reason to believe that the teacher's reappointment is in question, the principal shall give the employee recommendations for improvement in writing.

The teacher shall receive the teacher's annual evaluation prior to the last five (5) days of each school year. However, if a teacher's overall rating will be less than satisfactory, the principal shall schedule a conference with that teacher. The teacher will sign the completed annual evaluation report upon receipt and will receive a copy for his/her personal records. A teacher's signature is evidence that he/she has read the report, but this does not necessarily signify agreement. In the "Comments" section, a teacher may state that he/she disagrees if this is the case, and may attach a written rebuttal.

Any teacher may attach additional information or comments to the form. Any such additions must be attached to the original form and kept on file.

After receipt of the completed annual evaluation report, the teacher shall have five (5) working days in which to request an additional conference if he/she so desires. In the event that the teacher is absent from the school site during those five (5) days, the request for the additional conference shall be made within five (5) days of the teacher's return to the school site.

The District's Teacher Annual Assessment Plan shall implement the Comprehensive Evaluation Process as follows:

Beginning Teachers will complete the induction program evaluation process of competency documentation .

Annual Contract Teachers in their second year and having completed the induction shall receive a minimum of two observations and be evaluated on the Comprehensive Evaluation Form.

Annual Contract Teachers in their third or fourth year shall receive a minimum of three observations and be evaluated on the Comprehensive Evaluation Form.

All CC/PSC teachers shall complete the Comprehensive Evaluation Process at least once every four (4) years and may elect to use the Interim Review Form and procedures when they have previously completed a Comprehensive Assessment Cycle, with a summary evaluation rating of Commendable or Satisfactory. Teachers who qualify and elect to use the Interim Review Form for a particular school year shall not be evaluated by the Comprehensive Assessment Process for that school year. However, the Comprehensive Evaluation may also be used in conjunction/in place of the Interim Review:

A. When the teacher is reassigned, for example to teach a new subject(s) or grade level(s) or to another school setting.

B. When a need for the comprehensive evaluation is determined by the administrator.

C. When a comprehensive evaluation is requested by the teacher.

Note: All required observations for annual contract teachers shall be completed prior to the date that recommendations are made to the Board. An observation includes the prior notification and a post-observation conference.

The Teacher Assessment Task Force will meet during the 98-99 school year to consider revisions to the Evaluation Procedures and Guidelines of Teacher Assessment.

Beginning with the 98-99 school year, part of a teacher's compensation shall be based on receiving a final overall rating of satisfactory on their annual evaluation form or interim review form. The amount of compensation shall be $100 for any instructional staff member working a full year and shall be pro-rated for any staff member working less than a full work year. Payment for performance pay shall be made in a separate check after the last check in June.

A. The most important influence the school can contribute to the learning of any student is the attitude, skills, knowledge and understanding of the teacher. In this regard, the district may determine opportunities for staff development, which will enhance the learning environment for students and provide for increased competence for teachers.

B. Building level planning teams in conjunction with their faculties shall determine the staff development needs of the school and plan for implementation. If the district determines that a particular staff development training activity is needed in relation to a district goal or state mandate which would require scheduling beyond the normal workweek or workyear, they shall provide for compensation as specified by the Stipend/Awards Salary Schedule. These limits do not preclude any individual from volunteering to participate in staff development opportunities which are offered beyond the contract time as recommended by the building level planning teams or as a result of an interim assessment plan or an individual's personal goals. It is understood that participation in staff development beyond the contract limits is voluntary.

C. The Superintendent may provide the staff with opportunities in areas such as the following:

1. Release time and leaves of absence for travel and study.

2. Visits to other classrooms and other schools.

3. Conferences involving other personnel from the county, state, region or nation.

4. Training classes and workshops offered within the County.

5. Further training in institutions of higher learning.

6. A professional library for the professional staff made available for optimum reference use.

 

A. The Union, its officials and its members, shall have the right to use school buildings for business meetings before or after the student day, subject to the approval of the principal involved as to the scheduling of such meetings and provided:

1. Such use does not interfere with school programs.

2. No admission is charged.

B. A union faculty representative shall be given an opportunity at the end of each building faculty meeting to make announcements concerning union meetings, events or activities, provided that the principal shall be notified prior to the faculty meeting that the union representative wants to make an announcement.

A. The Union Building Representative shall be able to submit announcements to be read over the work location public address system for the purpose of communicating with members of the bargaining unit in accordance with the school procedures for making such announcements.

B. Bulletin Board: At least one (1) bulletin board shall be provided in each teachers' lounge for the exclusive use of the union for purposes of posting materials dealing with union business.

C. Representatives of the Union shall be afforded reasonable access to work location mailboxes. With prior approval from the Superintendent, the Union may be afforded the right to use the publication Tropic Topics to announce meetings and special events to the District's teachers. UTM shall be supplied Fax numbers for all schools and departments. When the District's E-Mail system is completed and dial access is operational, the Board and UTM will meet to develop procedures and seek agreement for union access and use of the system.

D. The Board agrees to furnish to the Union in response to requests all available information concerning the financial resources and condition of the school district, including but not limited to: annual financial reports; register of certificated personnel; tentative budgetary proposals submitted to the Board members, agenda, minutes and all supporting papers of Board meetings; names and addresses of all teachers salaries paid thereto and educational background and yearly experience thereof.. Materials pertinent to School Board meetings, which are available for distribution, shall be furnished at least forty-eight (48) hours prior to the meeting at which they will be used.

E. Information to the Union: The Union shall be furnished two (2) sets of current Board rules and shall be provided with two (2) copies of updates as they are issued.

F. The Unions' designated representative(s) shall have the right to solicit membership as the exclusive bargaining agent certified to represent all employees within the bargaining unit at any duty-free time during the school day provided such solicitation does not interfere with the official duties of employees and the operation of schools, and provided further that duty-free time does not include planning and preparation time or times when the teacher has direct responsibility for the instruction or supervision of students.

G. If the Union representative(s) is not employed at the school site, he/she will report his/her presence to the principal's office.

1. The Superintendent will approve up to twenty (20) days per semester of Board paid release time for either instructional or SRP bargaining unit members. The UTM may allocate these days at their discretion.
2. Should the UTM exceed the twenty (20) days per semester, they will reimburse the Board for all additional days at the appropriate substitute's rate of pay. These days may be used at the UTM's discretion.
3. Temporary duty assignment with pay shall be provided for one (1) officer on continuing contract selected by the Union, who shall be released from his/her duties as a Board employee, provided the Union reimburses the Board for the salary and any and all fringe benefits, plus other insurance costs paid by the Board. However, the Union may choose to exchange paid release days as specified in paragraph A for the salary and fringe benefits of said employee. When said employee returns from temporary duty assignment to his/her former position, he/she shall be placed on the salary schedule at the step that reflects credit for total years in the district plus any years given upon initial employment.

In order to expedite the continued implementation of school-based management and this contract, the superintendent and the union president, by mutual agreement, will schedule a joint meeting of District and Union representatives for the purpose of reviewing the contract.

A. The Superintendent shall place on the agenda of each regular or special Board meeting any matters submitted for the Board's consideration by the office twelve (12) calendar days prior to said meeting.

B. The Superintendent may request the Union to name individuals representing the teachers to serve on committees, task forces, advisory panels, etc. established by the Superintendent or the Board.

The School Board agrees to provide the UTM with office space at no charge not less than 600 square feet at the May Sands School site. UTM shall only be responsible for reimbursing the Board for electric and water at the rate of $50 per month. Arrangement and payment of all other utilities such as phone service shall be the responsibility of UTM.

A. The composition of the individual teams shall be determined at the school level by the principal and faculty. A minimum of two (2) teachers shall be elected by the faculty in accordance with the established structure of the building level planning team at the school. "Established structure" shall be defined as the current method used to select members of the building level planning team at the school center through the joint cooperation of the principal, faculty and union. All elections held in connection with the building level planning team shall be conducted and tabulated in an open manner in accordance with procedures developed by the building level planning team and approved by the faculty at each school site. The principal shall be responsible for submitting the "established structure" and election procedures to the superintendent in writing, with a copy to the union, by October 1, 1993. Thereafter, any changes in the election procedures or "established structure" must be submitted to the superintendent and the union by October 1 of any subsequent year. Such teams are required at each school center for the purpose of assessing the school's needs and determining the use of the school's resources and any changes deemed necessary in the school's curriculum and instructional program.

B. The building level planning team shall serve in an advisory capacity to the principal who shall make the final determination with respect to all matters discussed among team members. The principal and/or designee shall act upon recommendations of the building level planning team. A progress report shall be made to the planning team at the next planning team meeting. If additional time is needed to act upon recommendations, the principal shall so notify the planning team at this meeting. If the principal decides not to act upon specific recommendations of the planning team, the explanation for such decision shall be given to the planning team members at the next meeting and reported in the minutes. In the event the planning team is not satisfied with the explanation, the members may, by a majority vote, request a review by the Superintendent or designee, who will meet with the principal and planning team and report back to them within thirty (30) days.

C. The school principal shall be the chairperson of the building level planning team unless he/she does not wish to serve in this capacity. In this case, the chairperson shall be selected by the team members.

D. Meetings shall be held as necessary to enhance the effective operations of the school. However, a minimum of one (1) meeting each month shall be held. In the absence of the principal, emergency meetings may be called by a majority of the members of the team, with the principal's designee in attendance. Agendas for each regular planning team meeting shall be posted at the school site before the meeting. Any member of the faculty may attend planning team meetings, but he/she must inform the chairman prior to the beginning of the meeting if he/she wishes to address an item on the agenda. Minutes of all meetings of the building level planning team shall be distributed to the faculty members and a copy submitted to the district office.

Teacher representatives to the School Advisory Councils shall be elected by the faculty at each school site by the same procedure as is provided for election to the building level planning teams in Section 1, Paragraph A of this Article. Teacher representative positions shall be separate and apart from the building level planning team; however, any member of the building level planning team shall be eligible to run for council representative.

As a prerequisite to the furtherance of harmonious relationship between the Board and the Union, both the Union and the Board feel that employees and their official representatives should have direct access to and communications with the Superintendent or his/her designee.

In order to provide for access and communication, the Union and Board agree as follows:

A. The President of the Union shall have the right to confer with the Superintendent or his/her designee on all matters not covered in the contract, limited only by mutual agreement of the time and place for such meetings.

B. Opportunity will be provided for the President of the Union or his/her designee and the assistant superintendent or his/her designee to meet to plan effective procedures for implementation of this contract, the arrangements for such meetings to be initiated by either party, limited only by mutual agreement of the time and place for such meetings.

C. Nothing herein shall require either party to engage in collective bargaining about any matter during the term of this contract in accordance with the waiver clause in Article I, Section 7.

Under school-based management and because of the different organizational patterns of schools, there is no District procedure for selecting Teacher of the Year nominees at the school level. The procedure will be developed by the principal and the building level planning team and will include the guidelines set forth by the Commissioner of Education. The school nominees will be referred to a district-wide Teacher of the Year Selection Committee. This committee will be composed as follows:

A. The Committee will consist of a teacher representative selected by the faculties or building level planning team of seven (7) schools one (1) year and from the other schools in the District the next year. For the even years, one (1) representative will come from Coral Shores, Horace O'Bryant, Key West High, Gerald Adams, Key Largo and May Sands. For the odd years, representatives will come from Glynn Archer, Marathon High, Poinciana, Sigsbee, Stanley Switlik, Sugarloaf and Plantation Key.

B. A member of the Committee will be a principal selected by the principals' association.

C. There will be two (2) representatives from the District staff. One (1) shall be involved in the selection, while the other will chair the proceedings. The Teacher of the Year Committee will make its selection in accordance with the guidelines set forth by the Commissioner of Education.

Members of the Committee will be provided with release time and travel expenses, if applicable, to participate in the work of the committee.

A select Task Force of four (4) Union appointees, four (4) administration appointees, two (2) parents, one (1) appointed by each party, and one (1) student shall be established. The District administration appointee shall function as Chairperson. The function of the Task Force shall be to develop calendars, which shall be recommended to the Superintendent.

The Task Force shall commence meeting no later than January 15th and shall submit its recommendation no later than March 15th; except, that the Task Force may meet at other times, as required by Article IX, Section 1, Paragraph B of this contract.

Members of the Task Force will be provided with release time and travel expense, if applicable, to participate in the work of the Task Force.

A Study Committee shall be established during the term of this contract to deal with several matters, which will be set out below. The Study Committee will consist of three (3) representatives and an alternate appointed by the Superintendent and three (3) representatives and an alternate appointed by the Union. One of the Superintendent's representatives will serve as the Chairperson of the Study Committee and shall be responsible for scheduling meeting dates and times, determining agendas and otherwise presiding over the meetings.

The Study Committee shall consider the following subjects and will submit recommendations on them to the superintendent and the union president:

A. The Study/Insurance Committee will meet throughout each year to evaluate the previous year's benefits package and make recommendations to the Superintendent and the Union President for improvements.

1. Early Retirement
2. Any other subject jointly agreed to by the superintendent and the union president.
3. A MCSD/UTM Study Committee will be established to work together collaboratively on CS/HB751 requirements in the areas of Use of Student Assessment Data, including Learning Gains and Personnel Assessment as these areas relate to Performance Pay and Performance Pay Compensation.

The Committee shall hold its first meeting in October 1999, to establish a calendar to address the issues of CS/HB 751. The Committee will make interim recommendations to the Superintendent and the Union. A final recommendation shall be submitted to the Board and Union for ratification no later than February 2002.

A. A Monroe Staff Development/Induction Committee of five (5) Union appointees and five (5) District appointees shall be established to review and provide recommendations for improvement of staff development and induction activities. The committee will meet a minimum of three times annually, prior to the first program, mid-year, and at the end of the year.

1. Two (2) members approved by the Superintendent shall be given release time to represent the District on the joint Dade-Monroe TEC Council. One (1) member shall be a union appointee recommended by the UTM President, and one (1) member shall be a District appointee

C. As a full partner in the Induction Program, the UTM will participate in all agenda planning and programs throughout the school year as determined by the joint Staff Development/Induction Committee.

A Task Force shall be established to review the assessment system and procedures currently used for the annual evaluation of instructional personnel in the District. The committee will recommend changes needed in the District's assessment system and procedures in order to comply with any changes in Florida Statutes.

The Task Force shall consist of four (4) teachers appointed by the Union, three (3) principals selected by the principals and one (1) representative appointed by the Superintendent. The Superintendent's representative will serve as chairman of the Task Force.

The Task Force will meet as needed to review the teacher assessment procedures and make recommendations to the Superintendent.

Members of the Task Force will be provided with release time and travel expenses, if applicable, to participate in the work of the Task Force.

Should the Board be compelled by economic conditions to reduce the budget and if that reduction directly and materially affects wages, hours, terms and conditions of employment, the parties agree to negotiate the impact of such reduction upon the provisions of this contract.

Should the School Board have to choose among its personnel as to which should be retained, positions held by continuing contract personnel and those with professional service contracts shall be terminated only after annual contracts with comparable areas of certification have been terminated.

Should the School Board have to choose among its personnel who are on continuing contract or on a professional service contract as to which should be retained, such determination shall be made on a county-wide basis and shall be based on educational criteria including certification, performance (as defined in Florida Statutes, Section 231.29(4) a through e), and experience as well as other standards of competent professional performance as identified by the Educational Standards Commission. In so exercising this action, the Board will confer with and receive recommendations from the Union.

The Board's discretion and eventual decision(s) (and that of its employee and agents) relative to evaluations of the foregoing criteria shall not be overturned unless it can be proved that the Board's action was arbitrary and capricious.

Section 1:

Schedules containing salaries and supplements for bargaining unit personnel will be printed as addenda to the contract.

Section 2:

Supplements will be paid for the positions listed on the Schedule of Annual Supplements for Administrative/Instructional Personnel and the Schedule of Annual Supplements for Athletics, Activities and Music. However, the Board reserves the right to bargain about additions to the positions for which supplements will be paid, and also reserves the right to bargain about discontinuance of supplements for any position(s).

Section 3:

A salary and supplements schedule will be effective and applicable only for the particular school year involved. Salary (and increments) and supplements schedules will be renegotiated each year pursuant to this Article.

Section 4:

Each member of the instructional staff may elect to be paid semimonthly on either a ten (10) month or a twelve (12) month basis. The annual salary shall be divided equally into twenty-one (21) or twenty-four (24) pay periods as determined by the staff member’s selection. Beginning in 1999-2000, pay dates shall be the 15^th and last day of each month. Each teacher shall indicate his/her pay schedule choice no later than the last day of pre-planning for that school year. Once a pay plan is selected, no change shall be made for the remainder of the school year.

Section 5:

The date of September 1 or the beginning date of employment, whichever is the later date, shall be used for the deadline for completing all applicable requirements for establishing the type of certificate and degree for pay purposes at the start of the school year. However, teachers who can provide evidence of completing all applicable requirements for raising their type of certificate and degree for pay purposes by January 15 shall be eligible for an adjustment in compensation commencing with the sixth pay period of the school year. Any teacher who expects to qualify under this section should notify his/her principal as to the anticipated date of completion.

ARTICLE XXXIII: TERM

Section 1:

It is agreed and understood that this contract and each of its provisions shall be effective and constitute a legally binding contract upon execution by the Chairman of the Board and representatives of the Union.

Section 2:

Agreements reached on wages, hours, and terms and conditions of employment subsequent to the approval and ratification of this contract shall be incorporated and added to this contract as an addendum.

This contract shall be in force and binding upon the parties until midnight, July 31, 2002. The parties may reopen the contract on or before June 1, 2002, on the subjects of wages, fringe benefits, and new legislative enactment. However, it is agreed that the Board and the Union shall have the right to reopen negotiations during the term of this contract should new legislation require the Board or Union to take action on matters effecting wages, hours or working conditions.

DATED at Key West, Florida, this ________th day of _______________________, 2000.

UNITED TEACHERS OF MONROE THE DISTRICT SCHOOL BOARD
FEA/UNITED, AFT LOCAL 3709 OF MONROE COUNTY, FLORIDA, AFL-CIO

BY________________________________

Leon Fowler, President                                                                 Mr. Andy Griffiths, Chairman

Mr. Mike Lannon, Superintendent

APPROVED AS TO FORM:

BY_______________________________

Attorney to the Board
John Collins, Esq.

The purpose of this procedure is to secure, at the lowest possible administrative level, expeditious resolution of the problems, which may arise concerning the interpretation and application of this Agreement. The Union and the Board agree that these procedures will be kept as informal and confidential as may be appropriate at any level of the procedure.

Either the supervising administrator or the Union may send a Letter of Inquiry (Form E) to the Superintendent for the purpose of seeking a clarification of a Board rule, State law and/or terms and conditions of employment as set forth in this Agreement. The Superintendent or his/her designee shall respond within ten (10) working days of receipt of the Letter of Inquiry. If the interpretation of the Letter of Inquiry is not satisfactory to the Union, a formal grievance may be filed if the subject of the Letter of Inquiry is arbitrable under the terms and conditions of this Agreement. The Letter of Inquiry will state the time for filing of a grievance at Step 1 only where the Letter of Inquiry is filed with the Superintendent within the time limits for filing of a grievance under Step 1.

Arbitration expenses shall be shared equally by the Board and the Union or by the member of the bargaining unit if the Union chooses not to process the grievance. The Union shall not be responsible for any costs attendant to the resolution of a grievance for employees who are not members of the Union.

Should an individual employee decide to process a grievance to arbitration where the Union has declined to do so, the employee shall pay in advance to the Board one half (1/2) of the approximate costs of the arbitration. The costs shall be based upon the estimated length of time of the arbitration hearing and shall also be based upon allowing a minimum of two (2) days for arbitrator to prepare his/her decision. In this regard, the costs shall be computed at the rate to be charged by the arbitrator for his/her service.

Section 4: Definitions

A. The term "grievant" shall mean a teacher, group of teachers or the Union filing a grievance.

B. The term "grievance" shall mean a written allegation by a grievant that there has been a violation, misinterpretation, misapplication or disagreement arising out of or involving the terms of this agreement.

C. Time limits set forth in this Article shall not include Saturday, Sunday and paid holidays.

D. For the purposes of this procedure, "filing" means actual receipt of grievance.

E. The grievant shall be entitled to representation at any level of the grievance process. If the Union has declined to process the grievance, it shall be sent copies of all written communications between the Board and the grievant. Further, the Union shall be advised, in writing, of the dates of any meetings held to resolve the grievance and shall have the right to send one (1) observer to the proceedings.

F. All time limits herein stated shall be adhered to unless mutually waived on the form provided (Form D).

G. A grievance involving more than one teacher or group of teachers at different schools or filed by the Union shall begin at Step 2.

H. All documents concerning a grievance shall be filed separately from teacher personnel files, except those, which must legally be part of the personnel file.

I. Filing of, or the lawful participation in, a grievance shall not be reason for any disciplinary action against a teacher.

J. Any grievance arising during the term of this contract shall be processed to its resolution notwithstanding the expiration of this contract.

K. In the event a grievance is filed at such time that it cannot be processed through Steps 1 and 2 prior to the end of the contract year, and if left unresolved could cause irreparable harm to the grievant, the time limits herein will be reduced.

L. Resolution of any grievance shall not be inconsistent with this contract.

M. The grievant or employees who are called as witness will, if necessary, be allowed release time without loss of pay to process, or assist in the processing of a grievance.

N. The Union representative may consult with employees in an effort to resolve grievances, or to process them, during duty-free times as defined in Article XXVI, Section 2F.

O. Grievances under this contract shall be processed separately and individually. Only one grievance shall be submitted to an arbitrator for decision in any given case, unless mutually agreed to do otherwise.

P. Time is considered to be of the essence for purposes of this Article. Accordingly, any grievance not submitted according to the procedure contained in this Article shall be barred, forfeited and foreclosed for all contractual or legal purposes and shall result in the forfeiture of all rights to arbitration. Additionally, should a principal or the Superintendent fail to timely respond to grievances submitted to them under this Article, the grievant and/or the Union shall have the right to process the grievance to the next level without having to wait for a disposition of the grievance.

Q. 1. This grievance procedure shall be the sole and exclusive method of resolving any matter, which is subject to the grievance/arbitration procedure of this contract. Neither the Union nor the employee covered by this contract shall pursue any grievance concerning any matter, which is subject to the grievance/arbitration procedure through the courts, the Board, or any other agency.

2. Disputes involving matters not covered by the grievance/arbitration provisions of this contract shall be dealt with under available statutory and administrative remedies. Notwithstanding any other provision in this contract, matters concerning discharge and/or suspension of teachers, renewal and/or non-renewal of teacher contracts, shall not be subject to the grievance/arbitration procedure herein. Such matters shall be dealt with in accordance with available remedies contained in Florida Statues and applicable administration regulations.

R. Where Union representation is provided herein, the employee shall be represented by the Bargaining Agent provided; however, if the Bargaining Agent chooses not to represent the employee, the employee shall have the right to representation of his/her own choosing.

S. Any grievance must be submitted on the forms developed by the Union and the Board.

Any grievance between the Board and the Union or any employee shall be settled in the following matter:

Step 1: Within fifteen (15) days after the occurrence of the event giving rise to the grievance, the grievant shall file a claim on Form A with the principal at the school site with a copy to the Union, unless a Letter of Inquiry has been filed. Within five (5) days of the receipt of the Form A, the principal or his/her management designee shall hold a meeting with the grievant or his/her Union representative to resolve the grievance. The principal or his/her designee shall indicate his/her disposition of the grievance within five (5) days of the meeting held to resolve it. Copies of said disposition shall be filed with the grievant and the Union. If the grievant is not satisfied with the disposition at Step 1, or if there is no disposition at Step 1, or if no disposition is filed within the time limit, the grievant or the Union may, within five (5) days, file the grievance at Step 2 on Form B.

Step 2: Within ten (10) days of receipt of Form B, the Superintendent or his/her designee, shall hold a meeting to resolve the grievance with the Union representative and/or grievant. The Superintendent or his/her designee shall indicate his/her disposition of the grievance within five (5) days of the meeting held to resolve it. Copies of said disposition shall be filed with the grievant, his/her principal and the Union.

Step 3: If the grievant is not satisfied with the disposition at Step 2, or if no disposition is filed within the time limit, the Union or the grievant may file within ten (10) days a request for arbitration with the Superintendent's office on Form C. If the Union chooses not to proceed to arbitration, the grievant may proceed on his/her own. Within ten (10) working days after receipt of the written request for arbitration, the Superintendent or his/her designee shall meet with the grievant and/or representative of the Union and attempt to select an impartial arbitrator during said time, then either party may request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have the option of alternately striking three (3) names, thus leaving the seventh who shall be the impartial arbitrator whose lawful decision in the matter, if made in accordance with the contract, shall be final and be finding upon the parties. A copy of the request to the Federal Mediation and Conciliation Service shall be promptly furnished to the other party by the party requesting the panel from the Federal Mediation and Conciliation Service.

The Arbitrator's decision will be in writing and will set forth findings of fact, reasoning and conclusions on the issues submitted and where permitted by law, may include a monetary award. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which adds to, subtracts from, modifies or alters the terms of this contract. Further, this contract shall not be construed by an arbitrator in any way to supercede or preempt applicable laws, ordinances, statues, nor shall any arbitrator have the authority to modify, change, amend, add to, subtract from, or otherwise alter or supplement this contract or any part thereof.

GRIEVANCE FORM A

GRIEVANCE FORM B

GRIEVANCE FORM C

GRIEVANCE FORM D

LETTER OF INQUIRY

I. ADMINISTRATIVE PROCEDURES FOR DUES CHECK-OFF, UNIFORM ASSESSMENTS AND ECONOMIC SERVICE TRUST DEDUCTIONS.

It is agreed that payroll deduction of dues for the Union shall be extended in accordance with the following provisions:

A. Payroll deduction of Union dues for all unit employees eligible for membership in the United Teachers of Monroe Bargaining Unit shall be provided only for the United Teachers of Monroe as the certified exclusive bargaining agent for this classification of employees and shall not be provided any other Union/employee organization within that unit.

B. The amount of dues shall be determined by the Union. The schedule for deductions must be made within the framework of the existing mechanized payroll schedule.

C. Dues authorization cards submitted after the date necessary for the full amount of dues to be deducted are to be processed according to the figure determined by the Union, provided that the amount to be deducted shall be uniform for the remainder of that school year.

D. The Board shall collect and transmit such monies as are sufficient to provide for the full payment of membership and uniform assessment pursuant to the terms and conditions contained in the dues authorization contracts signed by members of the Union. Such monies shall be transmitted to the Union within three (3) working days of issuance of instructional payroll checks.

E. The uniform assessment shall occur in conjunction with the regular pay cycle for instructional personnel and shall be deducted in ten equal payments, the amount to be determined by the Union.

F. If the authorization and deduction form is filed ten (10) working days prior to the teacher's payroll cut-off date, deductions shall commence with the payday of that period. If it is not filed until after the aforesaid period, deductions shall not commence until the following pay period.

G. The Union will be supplied with a deduction register every pay period, showing employee name, Social Security number, work locations, and the amount deducted for that pay date. All starts and/or cancellations of payroll deduction for employees shall be in accordance with the terms and provisions indicated on the payroll deduction card and in accordance with Chapter 447 F.S.

H. The Union shall indemnify the Board against any and all claims, demands, suits, or other forms of liability that shall arise out of action by the Board for the purpose of complying with any provisions of the check-off Article.

The detailed and explicit procedures for implementation of payroll deduction for service, benefits sponsored and endorsed by the Union through PESCO, a subsidiary of Fringe Benefits Management Company, shall be jointly developed and agreed to by the Union and the Board.

In addition to salary benefits, the Board shall provide compensatory benefits as listed below. These benefits as implemented by resolution, policies, rules, directives and memoranda in effect on the date this Agreement is executed shall not be changed, modified or repealed during the term of this contract without mutual consent of the parties, except as stipulated therein.

A. 

1. When any parent or other person not subject to the discipline of the Board or its administrative or instructional staff assaults any employee or the school system covered by the contract, on school property or elsewhere, and in the opinion of the Superintendent, the assault is school-connected, said employee may request of the Superintendent the right of consultation with the Board Attorney. Upon recommendation of the Superintendent or his/her designee, said employee may consult with the Board Attorney for the purpose of determining his/her rights and to receive assistance in the prosecution of the violation of the law perpetrated upon him/her.

2. The Board recognizes that under the provisions of Florida Statues, certain persons who upbraid, abuse, insult or assault personnel of the Board shall be guilty of a crime, and that in appropriate instances the Superintendent or his/her designee, may assist in the prosecution of violators.

B. When an employee is charged with criminal or civil actions arising out of and in the course of the performance of assigned duties and responsibilities, he/she may request of his/her immediate supervisor to meet with the Assistant Superintendent for the purpose of determining his/her rights and to determine possible legal defense by the Board's attorney. Should the Board determine that the employee is entitled to legal defense by the Board's attorney, legal fees shall be borne by the Board. Should the employee obtain other legal services to defend against charges which the Board agrees are from actions arising out of and in the course of the performance of assigned responsibilities, the Board shall provide for reimbursement of reasonable expenses for teachers and permanent substitutes upon successful defense of the charges. However, such reimbursement will be made only in cases where the request for reimbursement is made prior to engaging legal services.

A. The Board will insure that it will pay a minimum of 75 % of the total cost of a single coverage plan for each employee who participates in either the single or family health and hospital plan. The employee will pay a maximum of 25% of the total cost of the single coverage plan. The Board contribution includes the lump sum, Vista A and Vista B, as well as the core medical. Note: Beginning with the 1995 plan year, the Vista B contribution of $150 will be combined with the Vista A contribution of $300 for a total Vista A benefit of $450.

B. During the 1996 VISTA enrollment period, when a married couple, both certified, works in the school system and one spouse chooses the family health plan, the second spouse shall be given the option to apply $1750 toward the health insurance premium of his/her spouse. This will be effective January 1, 1997. Beginning with the 1994 VISTA enrollment period, the second spouse who chooses this option will receive an additional $250 (for a total of $1500) toward his/her spouse's medical premium for a family plan to be effective on January 1, 1995.

C. The impact of future increases in insurance premiums or other significant changes in coverage are of joint concern to the Board and the Union. Accordingly, any such proposed changes shall be referred to the Insurance Committee for their recommendation.

D. Any employee on leave shall be given the right to continue his/her health insurance coverage and any other benefits while on leave provided the employee makes the contribution to the district.

E. Any employee, upon retirement, shall be provided the option of continuing his/her health insurance coverage with the district at his/her own expense. This coverage may be continued until the employee reaches the age where he/she will be covered by Medicare.

F. The Board will underwrite the cost of an Employee Assistance Program for all employees in the District, with the Center For Human Resources, at an approximate cost of $9,000.

G. Health Insurance: 1993 Plan Year

1. For the 1993 plan year, the Board will cover all of any increases in single and family premiums for health and hospitalization insurance coverage and will maintain plan benefits at their current level. The Board will continue to cover this same amount in subsequent years, but any additional premium increases beyond 1993 shall be subject to negotiation.

2. The Board will provide UTM with monthly utilization claims reports, which are compiled by the Board's insurance administrators, Gallagher Bassett Company.

3. The Board will provide UTM with a monthly financial statement regarding the balance (income and expense) in the health insurance trust fund.

 

A. Within Monroe County for Eligible Employees

1. Employees who do not receive monthly travel allowances whose duties for the school system require them to travel within the County from their school centers to other locations shall be reimbursed for their travel in a privately-owned vehicle at the maximum rate established by law. Payment for mileage will be made if:

(a) A Designated Temporary Duty Leave Form has been approved and submitted to Personnel;

(b) The employee, after such travel has been made, has properly completed and submitted the necessary forms for such reimbursement within fifteen (15) days of return to the work-site.

B. Outside Monroe County for Eligible Employees

Travel expenses paid in whole or in part from District, School FTE or Internal Funds.

1. Request for travel reimbursement for employees of the school system who are required by the Superintendent to travel outside of Monroe County in their own vehicles shall be processed in accordance with Board policy for such expenses.

2. The following regulations shall be applied to such travel:

a. Temporary Duty - Any employee in order to be eligible to have expenses paid for travel shall have filed in advance of such travel an approved Temporary Duty form with Personnel.

b. Superintendent's Representative - Travel of an employee as the Superintendent's representative shall be approved only by the Superintendent or his/her designated representative(s).

c. Transportation Arrangements - Decisions as to the mode and method of travel shall be made by the principal of the school level, or, if appropriate at the District level by the Superintendent's office.

A teacher who does not use any sick leave or personal leave with pay during the 180 student days of the regular school year shall receive a $250 incentive payment payable on June 30. Personal leave days taken when approved for religious purposes shall be an exception to the provisions of this Section. A record of incentive payments shall be forwarded to the UTM President at the time such payments are made.

Each member of the instructional staff employed on a full-time basis (51% or more), shall be entitled to four (4) days of sick leave as of the first day of employment of each contract year and shall thereafter, earn one (1) day of sick leave for each month of employment, for a maximum of ten (10) sick days per contract year, which shall not be used prior to the time it is earned and credited to the member. If the employee terminates his employment and has not accrued the four (4) sick days available him/her, the School Board may withhold the average daily amount for the sick days utilized but unearned by the employee. When the employee has been with the district for one year and has at least seven (7) sick leave days, they may apply for the Sick Leave Pool (see Addendum A). Application for the Sick Leave Pool must be made within the first twenty (20) days of the school year.

A. Purpose

A sick leave pool has been established, effective January 1, 1981, in order to provide members of the bargaining unit with an emergency pool of sick leave days in cases of prolonged absence due to personal illness or disability beyond those days available under personal sick leave or such other leave as may be available upon School Board action.

B. Benefits

A member of the sick leave pool shall, upon proper application, be eligible to receive up to forty (40) days from the pool per illness the first year and fifty (50) days per illness the second year.

C. Membership and General Requirements

1. Participation in the sick leave pool shall at all times be voluntary on the part of the employees.

2. Any member of the instructional staff employed on a fifty-one percent (51%) or more contract shall be eligible for participation in the sick leave pool after one year of employment with the District School System, provided that such employee has accrued a minimum of seven unused sick leave days.

3. Each employee shall, upon signing an authorization form for the sick leave pool, contribute one day during the official enrollment period, which shall be the first twenty work days of the school year. Participating members may be required to contribute an additional day should the pool become depleted. However, such additional days shall in no event exceed one per school year. Any such contribution to replenish the sick leave pool shall be equally required of all employees participating in the pool.

4. A sick leave day contributed by a member will not be returned to the employee except as authorized hereinafter.

5. Any sick leave time drawn from the pool by a participating employee must be used for the employee's personal illness, accident, or injury.

6. A participating employee who uses sick leave from the pool shall not be required to re-contribute such sick leave except as otherwise provided in this section.

7. A participating employee shall not be eligible to use sick leave from the pool until all of the employee's sick leave days have been utilized.

8. All members shall, upon request, provide medical documentation of need and shall agree to all other terms and conditions necessary in writing prior to being granted pool days.

9. Application by employees for withdrawal from the sick leave pool shall be submitted to the Review Committee, which shall review the requested withdrawal and approve or disapprove same based upon circumstances involved in the requested withdrawal.

10. Sick leave days may not be utilized for normal childbirth unless serious complications occur.

11. In the event the Sick Leave Pool is disbanded all days remaining in the pool at the time of said action shall be divided equally among the members of the pool without regard to length of membership or prior use of the pool and returned to their individual sick leave accumulations.

12. Each employee who participates in the sick leave pool agrees to hold harmless the Monroe County School Board, the United Teachers of Monroe, the Review Committee and the Study Committee from any liability as a result of the establishment and/or administration of the sick leave pool. Any and all disputes concerning the sick leave pool shall be submitted exclusively to the Review Committee for resolution. The decision of the majority of the Review Committee shall be final and binding. In the event the Review Committee deadlocks, the matter may then be appealed to arbitration pursuant to the conditions and procedures contained in Appendix A of this agreement.

D. Administration

1. Administration of the pool will be by a Review Committee, which shall be established as follows:

(a) The committee will consist of six members, three to be named by the Union and three to be named by the School Board.

(b) No decision of the Review Committee shall be made by fewer than four members, two of which are School Board appointees and two of which are Union appointees.

(c) The committee shall review all applications for withdrawal of pool days and shall have the right to approve or disapprove applications and to request additional information or medical documentation.

(d) The Review Committee shall develop a procedure for investigation of possible abuse of the pool and shall have the responsibility for imposing penalties as determined hereinafter.

2. The Review Committee shall have available to it a representative of the Study Committee, as established by the Contract. The representative shall be available to assist in interpretation of the contractual and procedural provisions of the pool.

3. The Study Committee will retain the right to waive additional contributions if the pool has sufficient days to meet all current requests for withdrawal or to assess additional contribution not to exceed one (1) day per year.

4. The Review Committee shall annually issue a report to the members of the pool and to the school superintendent. Such a report shall include number of days contributed, utilization and current pool balance.

E. Penalties

Upon finding by the Review Committee that a member has fraudulently withdrawn days from the pool, that member may be subject to the following penalties:

1. Pool reimbursement to the School Board for the total dollar value of the days withdrawn.

2. Interest on said amount up to 15%.

3. Ineligibility for continuing membership in the pool.

4. Such other penalties as may be recommended.

5. Such other penalties as may be available to the Board.

Pursuant to Florida Statues 231.291 Personnel files - Public school system employee personnel files shall be maintained according to the following provisions:

A. (1) Except for materials pertaining to work performance or such other matters that may be cause for discipline, suspension or dismissal under laws of this state, no derogatory materials relating to an employee's conduct, service, character, or personality shall be placed in the personnel file of such employee.

(2) No anonymous letter or anonymous materials shall be placed in the personnel file.

B. (1) Materials relating to work performance, discipline, suspension or dismissal must be reduced to writing and signed by a person competent to know the facts or make the judgement.

(2) a. No such materials may be placed in a personnel file unless they have reduced to writing within 45 calendar days, exclusive of the summer vacation period of the school system administration becoming aware of the facts reflected in the materials.

b. Additional information related to such written materials previously placed in the file may be appended to such materials to clarify or amplify as needed.

(3) A copy of such materials to be added to an employee's personnel file shall be provided to the employee either:

a. By certified mail, return receipt requested to his/her address of record; or

b. By personal delivery to the employee. The employee's signature on a copy of the materials to be filed shall be proof that such materials were given to the employee with the understanding that such signature merely signifies receipt and does not necessarily indicate agreement with its contents.

(4) The employee shall have the right to answer in writing any such materials in a personnel file as of July 1, 1983, as well as any such material filed thereafter, and the answer shall be attached to the file copy. The employee shall have the right to request that the Superintendent or his/her designee make an informal inquiry regarding material in his/her personnel file, which the employee believes to be false. The official making the inquiry shall append a written report of his/her findings to the material.

(5) Upon request the employee, or any person designated in writing by the employee, shall be permitted to examine the personnel file. The employee shall be permitted conveniently to reproduce any materials in the file at a cost no greater than 5 cents a page.

(6) The custodian of the record shall maintain a record in the file of those persons reviewing the file each time it is reviewed.

C. (1) Public School system employee personnel files are subject to the provisions of chapter 119, except as follows:

a. Any complaint and any material relating to the investigation of complaint against an employee shall be confidential until the conclusion of the preliminary investigation, or until such time as the preliminary investigation ceases to be active. If the preliminary investigation is concluded with the finding that there is no probable cause to proceed further and with no disciplinary action taken or charges filed, a statement to the effect signed by the responsible investigating official shall be attached to the complaint and the complaint and all such materials shall be open thereafter to inspection pursuant to chapter 119. If the preliminary investigation is concluded with the finding that there is probable cause to proceed further or with disciplinary action taken or charges filed, the complaint and all such materials shall be open thereafter to inspection pursuant to chapter 119. If the preliminary investigation ceases to be active, the complaint and all such materials shall be open thereafter to inspection pursuant to chapter 119. For the purpose of this subsection, a preliminary investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future. An investigation shall be presumed to be inactive if no finding relating to probable cause is made within 60 calendar days after the complaint is made.

b. Employee evaluations prepared pursuant to s. 231.17(3), s. 231.29, s. 231.36, or rules adopted by the State Board of Education or a local school board under the authority of said sections, shall be confidential until the end of the school year immediately following the school year during which each evaluation is made. No evaluations prepared prior to July 1, 1983, shall be made public pursuant to this section.

c. No material derogatory to the employee shall be open to inspection until 10 calendar days after the employee has been notified pursuant to paragraph (2) (c).

d. The payroll deduction reports of the employee shall be confidential.

e. Employee medical records, including psychiatric and psychological records, shall be confidential; provided, however, at any hearing relative to an employee's competency or performance, the hearing officer or panel shall have the access to such records.

(2) Notwithstanding other provisions of this section, all aspects of each employee's personnel file shall be open to inspection at all times by School Board members, the Superintendent and the principal, or their respective designees, in the exercise of their respective duties.

(3) Notwithstanding other provisions of this section, all aspects of each employee's personnel file shall be made available to law enforcement personnel in the conduct of a lawful criminal investigation.

D. The term "personnel file" as used in this section shall mean all records, information, data, or materials maintained by a public school system, in any form or retrieval system whatsoever, with respect to any of its employees, which is uniquely applicable to that employee, whether maintained in one or more locations.

ADDENDUM C: CURRICULUM ALIGNMENT

The Board and the Union recognize that Curriculum Alignment is an on-going process. To keep our alignment current and progressive, the Board and the Union agree to negotiate changes in Curriculum Alignment Committees as needed. The Board and the Union further agree:

A job description for the K-12 Curriculum Alignment Committees will be developed jointly with the UTM and published in Tropic Topics in order to allow teachers at each school to submit an application to the C&I Team Leader for final selection.

Members of the K-12 Curriculum Alignment committees will be charged with the responsibility of revising the subject area curriculum and accompanying tests. Time for these meetings will be provided via substitutes, use of professional days or stipend compensation for non-contract day meetings. If a meeting is held on a non-contract day, members shall be given five (5) days notice and shall be compensated at the current stipend rate.

K-12 Curriculum Alignment Committee members will be paid a supplement of $500 per year for their work and responsibilities that are in addition to their regular job requirements. Each committee member will be required to devote no more than thirty (30) hours of time during the school year for committee meetings.

ADDENDUM D: ESOL LETTER OF UNDERSTANDING

In an effort to fairly treat teachers who would otherwise be recommended for a PSC contract and protect the district's obligation to provide qualified teachers for LEP students, the District School Board and the United Teachers of Monroe agree to the following letter of understanding.

When an annual contract teacher qualifies for a PSC contract but has not yet obtained or completed the ESOL training requirements for his/her area of certification as determined by the Department of Education, the district may offer and the teacher may accept the following contract stipulations:

A. The teacher shall remain on annual contract until he/she receives the ESOL training for his/her area of certification.

B. The teacher shall move along the currently established salary schedule as if he/she were on PSC.

C. The teacher shall be considered as having continued employment as long as he/she is progressing toward the ESOL training requirement according to the current timelines established by the Department of Education. For extenuating circumstances, the Superintendent may grant an extension to this provision.

D. As soon as the personnel department receives appropriate documentation of the ESOL training, they shall notify the Superintendent's office. The Superintendent shall then recommend the teacher for PSC to the Board at the next available Board meeting.

E. Any teacher signing this agreement cannot be non-renewed for any other reason than not meeting the timeline requirements currently established by the Department of Education for ESOL training in their certification area, except as provided for in item 6.

F. Teachers under this agreement are entitled to the same due process provisions of a PSC teacher as stated in Florida Statutes. Disciplinary action and/or termination are subject to the same criteria as a PSC teacher.

G. A copy of the signed agreement shall be sent to the union office for their records.

ADDENDUM E: MEMORANDUM OF UNDERSTANDING

WHEREAS it is the purpose and intent of the United Teachers of Monroe (UTM) and the School Board of Monroe County to develop "customer focused schools" utilizing state of the art technology and innovative and creative methods of delivering instruction to students, the parties agree as follows:

A. Cooperative Endeavor

The development of these customer focused schools is intended to be a cooperative endeavor between UTM and the School Board of Monroe County, and toward that end there is established an oversight committee, co-chaired by the Superintendent and the UTM President with an equal number of representatives from each party to the agreement. In addition to the co-chairmen, the committee will be composed of five (5) administrative representatives and five (5) UTM representatives.

B. Oversight Committee

The oversight committee will utilize a collaborative process to reach consensus on the issues before it. In the event consensus is not reached on an issue, there will be no recommendation for a waiver. The function of the oversight committee will be to review school proposals and make recommendations regarding their implementation, determine what portions of those proposals require negotiations between the school board and the union, and determine which waiver should be granted where school proposals conflict with the collective bargaining agreement. Should any school proposals conflict with school board policy, administrative directives and State Board of Education regulations, it will be the responsibility of the committee to forward the waiver of such regulations to the Superintendent and the School Board and, if necessary, through them to the Department of Education. The committee shall be provided resources to cover release time and travel if necessary to complete its assigned charge.

C. (1) Site Based Management - Shared Decision Making

The school(s) selected to participate in the program will function as shared decision making-school based management schools, and the faculty, in conjunction with the principal and parents (to the extent that parents are involved) shall have the collective responsibility and authority to develop and implement the school plan. The school plan shall be reduced to writing, and copies shall be provided to the oversight committee. Updates to the plan shall be made on a semiannual basis as determined by the school calendar. The authority of such plan would include but not be limited to developing the school site budget, making recommendations for establishing new staffing patterns and class size, etc. Each faculty shall determine its own process to develop and implement its respective plan, but such plan must be consistent with the school based management-shared decision making model, the School Board goals and objectives and the district's comprehensive vision, and the union contract, except where altered by the waiver process. In addition, it shall be the responsibility of each school participating in the grant to develop and implement its own procedure to evaluate its program and provide for accountability of the participants.

(2) New Positions

If a new job classification is recommended or required as a result of a proposal for a particular school program, the qualifications, job description, salary and selection process will be a subject for discussion and resolution through the shared decision making process by the respective school where such position will be utilized. If such position is not on the salary schedule nor covered by the collective bargaining agreement between the parties, the school shall seek a waiver from the oversight committee to permit the establishment of such a position. All such positions shall cease to exist when they are no longer supported by grant monies, unless the position is negotiated as part of the regular salary schedule.

(3) Parent Involvement

Each participating school shall develop as one of its first orders of business a process for involving the parents of the students of that particular school to be included in the shared decision making-school based management process.

D. Waivers

When a participating school asks for a waiver relating to the collective bargaining agreement, school board policies or administrative directives, the subject matter of the waiver must be clearly described in a detailed request for waiver to the oversight committee for reference to the appropriate body. The request for waiver shall include a justification and rationalization for the waiver, together with an explanation of its intended impact. Any such waivers which are granted apply only to the school applying for such waivers and do not affect the other schools of the district, nor do they constitute establishment of a past practice or a waiver to bargain collectively concerning the subject matter of the waiver as it applies to schools other than the school requesting the waiver.

E. Compliance With Grant Guidelines

To the extent that any grant monies are utilized by a school in this program, the parties agree that all such grant monies, subject to grant guidelines, are under the control of the faculty and administration of that school.

F. Interim Report

The oversight committee shall submit an interim report on the program after the first year of its operation. Such report shall be distributed simultaneously to the School Board and the Union, and shall be disseminated to the general public.