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 provi