as RATIFIED by
and of U.S.D. NO. 371
Approved September 9, 2015
denotes changes in 2015-16
ARTICLE I. SEMI-DUTY FREE LUNCH PERIOD
A semi-duty free lunch period will be honored for elementary teachers. The administration and teachers together with the board shall decide upon the length of time for the grade school lunch period. During the elementary lunch period, one teacher and/or one aide will be responsible for the lunch-room. A schedule will be worked out by the teachers, the aide, and the ad-ministrator at the beginning of the school year. The elementary principal shall have the right to reassign other elementary teachers to the lunchroom as he sees fit. A semi-duty free lunch period will be honored for secondary teachers. The administration and teachers together with the board shall decide upon the length of time for the high school lunch period. During the high school lunch period teachers will be responsible for monitoring the various areas of the high school as required. The principal at the beginning of each school year will determine the schedule. The principal shall have the right to reassign other high school teachers to the various areas as is deemed necessary.
ARTICLE II. FREE LUNCHES
There will be working lunches for the professional employees in the ele-mentary school only when they are on lunchroom duty and for the profes-sional employees in the high school only when they are on hall duty over the noon hours.
ARTICLE III. ADDITIONAL EDUCATION
1. COLLEGE HOUR PAYMENT
Professional employees of USD 371 will receive payment of up to eighty dollars ($80.00) per college hour, but not to exceed actual cost of tuition, gained each year, July 1 to June 30, subject to the following limitations: All hours must have registered course numbers of upper level courses in the teaching field of the teacher unless prior permission has been thoroughly ex-plained to, agreed to and received from administration. Prior approval from the Administration must be obtained before taking the desired course, or courses, if reimbursement is desired. If the workshop has been paid for by the district, college hours are the employee’s responsibility; therefore, hours will not be eligible for reimbursement by the school district. The number of hours for reimbursement will be limited to eight (8) hours for each one year period. The teacher will also be reimbursed if the Administra-tion determines that a special course of study outside or inside the teacher's field would expand the curriculum for our school. Payment will be made fol-lowing receipt of an official transcript. College hours must be completed by the first day of school in order to make advancement and qualify for the new contract.
2. IN SERVICE POINTS
Montezuma USD 371 will allow in service points, in lieu of college hours, to be used to move horizontally on the salary schedule. Twenty (20) in ser-vice points shall be equal to one (1) college hour. Only two (2) college hours acquired by this method may be used towards movement on the salary schedule per year. All in service points shall be in accordance with regula-tions put forth by the Kansas State Board of Education and/or the policy of the Professional Growth Plan of USD 371.
ARTICLE IV. SCHOOL YEAR CALENDAR
1. A semester grading system shall be in effect, with grades being sub-mitted every nine (9) weeks.
2. A parent-teacher conference day shall be held at the end of the first nine weeks of each semester.
3. MEA will have one teacher representative from each of the elementary and high school on the school calendar committee.
ARTICLE V. SPONSORSHIP ASSIGNMENTS
The administration shall decide who are to be sponsors for the high school classes and duties, after a meeting with the high school teachers to discuss the situation. He shall also set a definite plan to be followed in future years. Activity help will be on a voluntary basis to be signed for early in the year, payable each semester. Any vacancies will be appointed by the administra-tion.
ARTICLE VI. ASSIGNMENT FOR ADMINISTRATIVE DUTIES.
The superintendent of schools of USD 371 shall select from the profes-sional employees of the district one or more persons who shall be designat-ed as teacher(s) in charge when the superintendent and principal shall be absent from their duties. The professional employee(s) so selected shall be designated at the time of issuance of contracts for the school year and such designation shall be re-flected in that employee's contract. The employee(s) so selected shall be notified of the absence of the super-intendent and principal twenty-four (24) hours in advance of such absence, whenever possible, he or she shall assume the duties and responsibilities of the absent administrators during the absence. Should the assigned employ-ee be unable to assume such duties, it shall be the responsibility of the as-signed employee(s) to select a competent replacement and to compensate said replacement for such duties.
ARTICLE VII. DAYS FOR K.N.E.A. WORK
At the beginning of every school year, the M.E.A. shall be accredited with four (4) days which may be used by teachers who are officers or agents of the association. The association agrees to notify the administration no less than ten (10) days in advance of taking such a leave. Additional days need-ed by the officers of the association in conjunction with official K.N.E.A. meetings shall be requested thirty (30) days in advance.
ARTICLE VIII. SICK OR FUNERAL LEAVE
A. Each professional employee shall be entitled to seventy (70) hours of sick leave per school term without loss of pay. (A full day will equal seven (7) hours.) Sick leave shall accumulate to 350 hours. A sick leave pool will be provided by the Montezuma Education Associa-tion (M.E.A.) for teacher medical emergencies. At no time will the pool ex-ceed 420 hours per contract year. Allowances to the pool will be determined by the M.E.A with appeal to the superintendent and the board of education. M.E.A. members may voluntarily donate a maximum of 40 hours per contract year to the pool. Each member is only allowed to draw on the pool after all personal sick leave is exhausted. Each member may use a maximum of 210 hours or one half (1/2) of the available sick leave pool hours per contract year from the pool. Only those members who donate to the pool are permit-ted to use emergency sick days. If the pool remains unused at the end of a contract year, it will carry over to the following contract year. Following the fifth (5th) year of consecutive employment in Unified School District No. 371, upon termination of employment, due to resignation only, the professional employee will be reimbursed up to and including 350 hours of unused sick leave at the following rate:
After 5 years of service $5 per seven hours
After 6 years of service $6 per seven hours
After 7 years of service $7 per seven hours
After 8 years of service $8 per seven hours
After 9 years of service $9 per seven hours
After 10 years of service and thereafter $10 per seven hours
The total amount shall not exceed five hundred dollars ($500.00).
B. Employees are permitted to attend funerals for any person/relative under sick leave.
ARTICLE IX. PERSONAL/BUSINESS LEAVE AND CIVIC DUTY LEAVE
A. Personal/business leave is to be used for personal and/or business activities.
The board shall grant a maximum of twenty one (21) hours per year for personal/business leave. Personal/business leave shall be limited to urgent legal, family, or personal matters which necessitate the teacher's absence on a school day. Personal/business leave shall not be used for recreation, entertainment, other employment or for matters which can be scheduled outside of school hours. The following conditions shall govern the granting of personal/business leave:
1. Personal/business leave is non accumulative from one school year to the next.
2. Approval of personal/business leave will be contingent upon the availability of a substitute teacher, unless extenuating circumstances occur over which the teacher has no control.
3. Personal/business leave will not be used on the day preceding or the day following a vacation period. The condition may be waived by the superintendent, if in his opinion the absence was due to circum-stances over which the employee had no control.
4. Personal/business leave will not be approved during the first and last fifteen (15 days of the school year unless approved because of special circumstance. Approval to be made by the building principal and superintendent of schools.
5. No more than two (2) professional employees within the district may be absent because of personal/business reasons during one school day.
6. Request for personal/business leave will be submitted to the building principal five (5) days prior to the day when the requested leave is to be taken unless extenuating circumstance occur over which the teacher has no control.
7. Personal/business leave will be reimbursed at a rate of $100.00 per unused days.
B. Civic Duty Leave - When an employee of USD 371 is subpoenaed to testify in court, in a situation beyond the employee's control, that person will be allowed to testify without loss of any pay or benefits. An employee called for jury duty will follow board policy GBRH (paid leave).
ARTICLE X. FAMILY MEDICAL LEAVE ACT (FMLA)
Per our agreement, the Family Medical Leave Act (FMLA) entitles eligible employees unpaid leave during any 12 month period for certain qualifying events. The employee is entitled to retain existing benefits while on leave and to be reinstated to the same or equivalent position with equivalent bene-fits, pay, and other terms of employment at the conclusion of the leave. FMLA entitles qualified employee up to 12 weeks of unpaid leave per year for the birth or care of a child, placement for adoption of a child, or foster care of a child, or to care for a spouse, or immediate family member with a serious health condition, or when unable to work because of a serious health condition.
Other more specific references to the FMLA are contained inside the fed-eral law, and/or board policy, and are recognized by the board and the asso-ciate as legitimate and viable leave extension provisions for district employ-ees.
ARTICLE XI SABBATICAL LEAVE
A teacher, having taught for a minimum of five (5) years in USD 371 and wishing to complete an advanced degree without sacrificing employment in the school system may file a request for a sabbatical leave. If approved, said teacher shall be permitted a one (1) year leave of absence, without pay, for the express purpose of obtaining that degree. The teacher, at the time his leave is granted, must guarantee his return to the school system of USD 371 for at least one (1) year after the termination of his leave. The approval of such request shall be within the sole discretion of the board of education of USD 371. Providing prior service has been satisfactory and providing a satisfactory replacement can be employed who is willing to fill the vacancy during the leave period, the employee so granted the leave shall be guaranteed a position for which the employee is certified upon return from the leave.
The teacher granted such leave will resume his normal step on the salary schedule, but shall not be entitled to any accumulation of sick leave during the sabbatical leave.
This agreement may be broken only by mutual consent of the teacher and board of education of USD 371.
ARTICLE XII. PAY DOCK ON APPROVED LEAVES BY ADMINISTRATION AND/OR BOARD OF EDUCATION
The absent teacher's salary will be reduced by his or her daily rate of pay times the number of days absent.
ARTICLE XIII. CAFETERIA PLAN
A. The board shall establish a cafeteria plan program to comply with section 125 of the Internal Revenue Code. The board shall provide the opportunity for each employee to execute a salary reduction agreement, once annually. Once the annual agreement is made for each selection benefit, the only change which will be allowed is for a fluctuation in health care premium.
B. Tax sheltered accounts: The board shall transmit tax sheltered account funds on behalf of its employees pursuant to current state and federal laws and regulations. Employees may request a separate salary reduction agreement for the purpose of contributing to a tax-sheltered account. The board shall allow its employees to adjust their contributions each school year by giving notice to the clerk of the board before October 1.
C. The employee shall pay both the employee and district share of social security and Medicare relative to those benefits received from salary protection programs.
ARTICLE XIV. OVERLOAD PAY
All professional employees that have a full schedule and do not have a planning period shall receive an extra 4% of the base on the salary schedule.
All professional employees who substitute during the regularly scheduled planning periods for individuals who are sick or leave on school activities shall receive an hourly amount of twenty-five dollars ($25.00).
All professional employees who supervise Saturday school shall receive compensation at the rate of $100.00 per session.
The board of education and the administration of USD 371 will make every effort to provide every full time teacher with a continuous period to be used for a planning period.
ARTICLE XV. GRIEVANCE PROCEDURE
PURPOSE: The purpose of this grievance procedure is to provide for the orderly and expedient adjustment of grievance of the individual professional employees of USD 371.
1. A "grievance" is a complaint by a professional employee or group of professional employees based on alleged violation, misinterpretation or misapplication by the school system of the negotiated agreement or the teacher contract.
2. "Professional employee" means any person employed by the board of USD 371 in a position which requires a license issued by the State Board of Education or employed in a professional education capacity by the board, except administrative employees.
3. "Administrative employee" means any professional employee who is employed by the board of USD 371 in an administrative capacity.
4. "Grievance panel" shall be comprised of at least three (3) M.E.A. officers.
5. "Arbitration panel" shall consist of five (5) members to be selected as follows: two (2) members of the M.E.A. (who are not members of the Grievance Panel), two (2) members of the Board of Education of USD 371, and one (1) lay members selected by the Board of Education.
1. Since the resolving of the grievance should be expedited as much as possible, the time limits of each step of this procedure shall be regarded as a maximum and every effort should be made to use fewer than the maximum number of days. The limits, however, may be extended by mutual agreement when circumstance justify doing so. If, however, no extension of time has been mutually agreed to and the maximum time on any step of the procedure has expired and no action has been taken by the administrative employee as provided by this procedure, then in that event, the professional employee filing the grievance may consider the decision to be adverse to his position and may proceed to the next step as provided by this grievance procedure. If the professional employee filing the grievance fails to proceed to the next step of the procedure as provided therein within the maximum time allowed, the grievance shall be deemed to be abandoned and the procedure set forth to be waived.
2. To be entitled to the benefits of the procedure hereinafter outlined, the professional employee must submit the grievance as provided in step 1 within ten (10) days of the occurrence which has given rise to the grievance.
3. All documents, communications, and reports dealing with the processing of grievances shall be filed by the local school system separately from the personnel files of the professional employees. The superintendent of schools or his designated agent or representative, shall cooperate with the grievance panel in the investigation of a grievance before it and shall make available to said panel such information as the superintendent judges to be pertinent to the issues under investigation
4. Should the processing of a grievance require a teacher or his representative to be absent from their regular assignment, they shall be released without loss of pay or benefits.
5. Grievances filed toward the close of the school year shall be expedited insofar as reasonably possible with the intention to complete the processing before the close of the school year. If completion cannot be accomplished, the processing will be reestablished at the beginning of the new school year.
6. All issues and evidence upon which the professional employee intends to rely on in connection with his grievance shall be presented to the grievance panel.
Step 1. A professional employee having a grievance shall discuss it with his immediate supervisor or principal with the objective of resolving the matter informally.
Step 2. If the matter is not resolved informally within five (5) school days, the grievance shall be stated specifically in writing and presented to the supervisor or principal by the professional employee, and thereafter be considered as a formal grievance to deal with as hereinafter provided. Within two (2) school days after the written grievance is presented to him the supervisor or principal shall render a decision thereon in writing and present it to the professional employee with a copy to the superintendent of schools.
Step 3. If the professional employee initiating the grievance is not satisfied with the written decision at the conclusion of step 2 and wishes to proceed further under this grievance procedure, the professional employee, may within five (5) school days present the grievance in writing to the grievance panel for its consideration
If the grievance panel determines that the professional employee has a valid grievance the chairman shall so notify the employee in writing with a copy to the superintendent of schools, and the aggrieved party may pursue his grievance by filing a written appeal of the decision at step 2 with the superintendent of schools within five (5) school days after he has received notice of the decision of the grievance panel.
Should the grievance panel determine that the alleged grievance is not valid, the chairman shall notify the professional employee in writing with a copy to the superintendent and this procedure is thereby terminated as to the particular grievance under consideration.
Step 4. Within two (2) school days after receipt of the appeal by the professional employee at the conclusion of step 3, the superintendent of schools, or his duly authorized representative, shall hold a closed hearing with the professional employee, and his representative, and shall have the right to request the attendance at such hearing any other persons he deems necessary to assure proper and expedient disposition of the grievance.
The superintendent of schools or his designated representative shall render a decision in writing to the professional employee and chairman of the grievance panel within five (5) school days after the conclusion of the hearing.
Step 5. If the professional employee is not satisfied with the decision at the conclusion of step 4, the professional employee may file a written request with the superintendent of schools within five (5) school days after receiving the decision at step 4, that the grievance be submitted to an arbitration panel.
The arbitration panel shall hear the matter promptly in closed session and will issue its decision not later than ten (10) school days from the date of the close of the hearing. The decision of the arbitration panel shall be in writing and shall set forth the findings of fact, reasons and conclusion upon which the decision is based, and the decision so rendered shall be final and binding on parties.
The cost, if any, shall be borne equally by the Board of Education of USD 371 and the professional employee filing the grievance.
ARTICLE XVI REDUCTION IN FORCE
When a reduction in the number of professional teaching staff is expected for a coming school year due to the loss of students in average daily membership, changes in education program, approved modifications of existing programs, changes in the availability of funds for federal programs, curriculum changes or other causes which may cause the board of education to reduce staff, the following procedures shall be used.
1. This reduction in staff procedure shall apply only to teachers who are non-probationary under applicable provisions of Kansas law. Before any non-probationary teacher in an area of licensure shall be non renewed due to reduction in force of personnel, any probationary teachers in that area of licensure shall be non renewed.
2. Step 1.
Whenever possible, the reduction in staff should be accomplished by normal attrition, resignations and/or retirements.
If additional reduction is necessary, part-time teachers should be non renewed in the particular areas. A part-time teacher shall include any teacher not assigned a full time teaching load. A part-time teacher will be given the opportunity to assume a full-time position (if available). If the part-time teacher refuses the full-time position, his/her contract is then non renewed. Those staff members who are provisionally certified will be non renewed before those who are regularly certified, and those who are teaching in their minor area will be non-renewed before those who are teaching in their major area.
If further reductions are deemed necessary by the board of education, the following factors should be considered:
A. Certification and endorsements in areas of need.
B. Academic degrees and training.
C. Evaluation reports (last three).
E. Recommendations of building principals and administrative staff.
F. Total teaching experience
G. The board will accept the teacher's written expressions on the relative values and contributions and programs.
In the event that after applying the above criteria, when two or more professional staff members are considered to be equally eligible, non-renewal shall be based on the date the original contract was signed; furthermore, the services performed covered by the heretofore mentioned contract shall be continuous.
These items are not attempted to be listed in any priority order and all will be given equal consideration.
3. Prior to layoff, the administration will attempt to place the employee to be laid off in other teaching positions within the district.
Notification of any necessary reduction of staff shall be made in writing on or before the date that is required by law as the deadline for regular notification of non-renewal of contract to all teachers affected.
1. Individuals who have been terminated due to necessary reduction in force shall be given first consideration when there is an opening in the district for which they are certified.
2. Individuals who are laid off shall be offered recall in reverse order to lay off (i.e. last off will be first back) to vacant positions for which they are certified to fill.
3. Teachers who are laid off shall be eligible for recall for a period of three years after lay off.
4. It is the obligation of the teacher who has been laid off to notify the district office of his/her current desire to be considered for recall and then to keep the office notified of his/her current address and phone number.
5. Recall will be initiated upon the existence of a vacancy in the district. Teachers recalled shall have ten days from notification of the recall to accept or reject the position. Such notification must be directly with the teacher involved either by telephone or by certified mail. If no reply is given, within the ten day period, the teacher shall have waived any right to recall for that job and the board may proceed to fill the position.
6. Any teacher whose position has been reduced will be the first to be offered a contract for any vacancies or new positions for which they are certified and qualified. Reasonable efforts will be made to offer substitute positions to teachers whose position has been reduced.
7. A teacher will not lose his recall rights if he/she secures other employment during the layoff.
8. Individuals who are re-instated as an employee of the district will be placed on a step immediately above the step last attained in the prior employment, unless teaching experience during the RIFed time will raise the step higher. The individual will also regain accumulated unused sick leave days and seniority that he/she had at the time of being RIFed except for the employee that has been compensated for unused sick leave in accordance with Article IX.
ARTICLE XVII. REIMBURSEMENT FOR PROFESSIONAL GROWTH OPPORTUNITIES
Each professional employee of USD 371 shall be granted no more than three (3) trips per year in the pursuit of professional growth opportunities to fulfill professional development plan. One (1) of these trips must be used for professional growth in the area of technology and one (1) of these trips must be taken when school is not in session, such as spring break or summer break.
This is exclusive of college credit as defined in Article III of this agreement, and exclusive of athletic coaches. The head athletic coach will be granted the opportunity to attend one clinic per year for each sport that the individual is coaching.
The following procedures and/or regulations will be followed:
1. Whenever possible a request for professional growth leave will be made at least ten (10) school days prior to the day the employee will be absent.
2. A professional growth leave request form will be completed. This form will be designed by the superintendent and can be changed whenever necessary.
3. The leave must be approved by the building principal and the superintendent. The superintendent will make the final determination.
4. Registration can be paid by the use of a purchase order. It will be the responsibility of the employee to make the necessary prior arrangement with the clerk of the board.
5. Motel expenses can be paid by the use of a purchase order. It will be the responsibility of the employee to make the necessary prior arrangements with the clerk of the board.
7. Transportation will include a school owned vehicle. If needed, expenses incurred (gasoline, repairs, oil, etc.) will be reimbursed. If a school owned vehicle is not available, the employee will be paid mileage at the board of education adopted rate of reimbursement per mile for the current school year. If a school owned vehicle is offered and the employee elects to drive his or her own vehicle, then the cost of gasoline used for the trip will be reimbursed to the employee.
If two or more employees are attending the same meeting, transportation reimbursement will be made for only one vehicle. Special consideration will be given for four or more employees attending the same meeting.
8. Reimbursement for expenses incurred by the employee will only be made at the time of the regular pay period. Receipts for incurred expenses must be presented before the reimbursement is made.
9. The cost of any substitute will be paid by the district, but will be deducted from the special budget line item.
10. All in-service opportunities initiated by the administration will follow the same guidelines but shall not count as one of the three annual experiences.
ARTICLE XVIII CONTRACT SIGNING AND LIQUIDATED DAMAGES
A. The individual professional employee of U.S.D. 371 shall have two (2) days after receipt of the contract to consider, sign, and return said contract; (if issuance is after May 1st). If the teacher is not satisfied, a letter of resignation must be submitted within the two day period.
B. It is agreed that a teacher currently under contract shall be declared under contract for the next teaching year unless notified for non reemploy-ment prior to May 18th or a resignation is submitted on or before May 31st of the current school year according to the Continuing Contract Law of the State of Kansas. New teachers coming into the district shall be declared under contract when their contract has been approved by the Board of Education.
All teachers resigning after May 31st of the current school year will be liable to pay liquidated damages to U.S.D. #371. The board will accept the resignation of a certified employee tendered after May 31st and before July 13th upon receipt of the following amount of liquidated damages. Any resignation submitted after July 13th will be accepted upon receipt of the following liquidated damages and contingent upon the Board of Education finding a suitable replacement:
1. One (1) percent of the certified employee’s contract salary for a resignation received between June 1st and June 14th inclusive.
2. Three (3) percent of the certified employee's contract salary for a resignation received between June 15th and June 28th inclusive.
3. Four (4) percent of the certified employee's contract salary for a resignation received between June 29th and July 12th inclusive.
4. Five (5) percent of the certified employee's contract salary for a resignation received after July 13th.
All amounts paid according to this article are paid as liquidated damages. The board reserves the right to waive the requirement of payment of liquidat-ed damages while still accepting the resignation.
ARTICLE XIX. SALARY SCHEDULE ADDENDUM
1. The years of experience (teaching and extra duty) a teacher entering the school system may use on the salary schedule are eight (8) years or half the teacher's experience, whichever is more. Extra duty experience is classi-fied as Coaching Duties and Sponsorships as outlined on the Extra Duty Schedule. The board of education has the right to expand the limit of eight years teaching experience if needed to hire special teachers who may be dif-ficult to hire
2. Each teacher expected to advance horizontally shall inform the clerk of the board in writing by September 1 of the school year.
3. Montezuma Unified School District No. 371 will contribute a fringe benefit equivalent to a monthly single health premium for each full time professional employee who elects to enroll in the BOE provided health plan. The provider for the district health insurance is UnitedHealthCare.
Full time professional employees who opt out of the districts health
insurance plan will receive a $450 monthly allowance. This $450 monthly allowance can only be utilized for the purpose of alternative insurance available through USD 371 (vision, dental, cancer, life insurance, etc.). No cash in lieu of premium reimbursement will be provided. The fringe benefit is effective the anniversary date of the insurance policy
4. If the employee elects to purchase life insurance or disability insurance, the premiums will be on an after tax basis, in order to receive benefits as provided by the Internal Revenue Code.
If for any reason the USD 371 Board of Education withdraws from the health insurance program and another group health plan is not implemented, the yearly premium will be paid in cash to the eligible employee at a rate of the single monthly premium until an agreeable insurance program is implemented. At that time the yearly premium must be utilized for the health insurance plan or the USD 371 alternative insurance program
5. If a clerical error occurs in the placement on the salary schedule, the error will be corrected to reflect the proper position as per the negotiated agreement.
6. A one time early payment may be made to a new hire to the district. In the event that a financial hardship exists the employee may request early payment. The payment can not exceed the actual amount earned to date. Payment will be made on the last workday of August. The payment total in-cluding the early payment portion and the remainder received on the stand-ard pay date in September shall not exceed 1/2 equal portion of the employee's annual contract compensation.
ARTICLE XX. SALARY SCHEDULE
The Board approves an increase of the base salary of $200.00. Base will be $36,600 for a BA + 0 for 2015-2016.
In addition, The Board agrees to extend the $400 payment to certified staff frozen at Masters + 30, Step 24 on the salary schedule for the 2015-2016 year only.
ARTICLE XXI. PROCEDURE FOR TERMINATION AND NON-RENEWAL OF EMPLOYMENT OF PROBATIONARY AND NON-PROBATIONARY CERTIFIED EMPLOYEES.
A written and well-understood procedure for dismissal of certified employees is an important part of good personnel practices in any school system. The purpose of this procedure is to assure fair dismissal procedure while at the same time providing a systematic procedure for release of certified employees who are not providing the high standard of service expected by the District and the community.
PROBATIONARY / NON-PROBATIONARY:
For the first three (3) year of professional employment with the district, teachers are considered Probationary and may be non-renewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections.
Starting in Year Four (4) of teaching with the district, teachers shall have earned Non-Probationary status. At its discretion, the board may formally grant Non-Probationary status to any teacher earlier.
NOTICE OF TERMINATION OR NON--RENEWAL:
In all cases of termination or non-renewal to which this procedure applies, written notice of the proposed termination or non-renewal shall be served upon the certified employee to be terminated by the Superintendent of Schools, or his/her designated representative, which notice shall:
(1) State as specifically and truthful as possible, the reasons for the proposed termination or non- renewal;
(2) Advise the certified employee of his/her rights under this procedure.
Within five (5) days following receipt of a notice of proposed termination or non-renewal as above provided, the certified employee shall, if he/she desires to proceed under this procedure, request a personal conference with the Superintendent of Schools, or his/her designated representative, such conference to be held no later than ten (10) days following receipt of such request by the Superintendent of Schools.
ELECTION TO PROCEED UNDER AGREEMENT AND REQUEST FOR HEARING:
Within five (5) days following such personal conference, the certified employee, if he/she desires to follow the procedures established by this agreement, shall serve a written notice upon the Superintendent of Schools, or his/her designated representative, stating that it is the desire of the certified employee to proceed under this agreement, and further, requesting a hearing before the Board of Education; provided, that the service of such notice by a non-probationary certified employee shall constitute a waiver of his or her rights to all termination or non-renewal procedures as provided by Kansas statutes, and all further proceedings shall be conducted in accordance with the procedures as set forth in this agreement.
HEARING BEFORE THE BOARD OF EDUCATION:
Upon receipt by the Superintendent of Schools of the written request for hearing, the Board of Education shall conduct a hearing at which at least a quorum shall be present to review the proposed termination or non-renewal of the certified employee.
(1) Time of Hearing: Said hearing shall be conducted no sooner than ten(10) calendar days nor more than thirty (30) calendar days from the receipt of the request for the hearing, unless by mutual agreement.
(2) Closed Meeting: The hearing shall be conducted at a closed meeting of the Board of Education.
(3) Right to Counsel: The certified employee and the Board of Education shall both have the right to be represented by legal counsel or other representatives at the hearing. The teacher shall pay for his/her expenses, including any witnesses and/or representation. All other expenses of the hearing shall be paid by the district.
(4) Witnesses and Evidence: The non-probationary certified employee and the Board of Education shall have the right to present and question witnesses, and either party may introduce the past and/or current evaluations and other documentary evidence at the hearing.
DECISION BY THE BOARD OF EDUCATION:
The Board of Education shall make a decision upon the proposed termination or non-renewal within forty-eight (48) hours following the hearing. The decision shall be based upon the evidence produced at the hearing and the action of the Board of Education shall be by written ballot with a majority prevailing.
The Board of Education, in reaching a decision upon the proposed termination or non-renewal, may employ any of the following remedies:
(1) Termination or non-renewal of the certified employee in accordance with the notice of proposed termination or non-renewal;
(2) Continuation of the employment for a given period of time and/or upon terms and conditions which the Board of Education feels appropriate under the circumstances;
(3) Continuation of employment without conditions
IMMEDIATE SUSPENSION UPON WRITTEN TERMINATION:
If, in the opinion of the Superintendent of Schools, or his/her designated representative, the circumstances surrounding a proposed termination of any certified employee requires the immediate suspension of that certified employee, the notice of the proposed termination shall so state and the certified employee shall be, upon receipt of said notice, immediately removed from the classroom or other position of employment until such time as the Board of Education, by its action, might reinstate the certified employee.
If, in the opinion of the Superintendent of Schools, or his/her designated representative, the circumstances surrounding a proposed termination of any certified employee are not such as to require immediate suspension as provided above, then the certified employee shall remain on the job until the effective date of the termination as set forth in the notice of proposed termination.
Certified employees whose employment contracts are not to be renewed for the next school year shall be notified of such non-renewal in accordance with the Continuing Contract Law as well as in accordance with this procedure.
WAIVER OF PROCEDURE:
Should the non-probationary certified employee fail to proceed with any of the steps set forth herein within the time limits allowed, such failure shall be deemed a waiver of this procedure, and the termination or non-renewal shall become effective on the date stated in the notice.
VOLUNTARY TERMINATION OR WITHDRAWAL OF TERMINATION:
At any time during the procedure as outlined above, the non-probationary certified employee may tender his/her voluntary resignation to the Superintendent of Schools, which shall terminate any further proceedings under this procedure.
At any time during the proceedings as outlined above, the Superintendent of Schools may withdraw the notice of proposed termination or non-renewal by giving written notice of such to the certified employee involved, which notice shall terminate any further proceedings under this procedure. Upon notice of withdrawal of the proposed termination, the certified employee involved shall be reinstated to all rights and privileges of his/her position of employment as if no notice of proposed termination or non-renewal had been served; provided, however, such reinstatement may be subject to conditions mutually agreed to between the certified employee and Superintendent of Schools.
Nothing contained herein, however, shall prohibit the Superintendent of Schools from appropriate disciplinary action in the form of probation in the cases where the circumstances so require.
LIMITATIONS OF APPLICATION:
This procedure for termination or non-renewal of employment of certified employees shall apply to all probationary certified employees and shall be the only procedure available to such certified employees. Non-probationary certified employees may elect to follow this procedure in lieu of any statutory procedure available to non-probationary certified employees, but in so doing, waive all such statutory procedures.
The Board of Education will not discriminate against any certified employee in the area of contract termination or non-renewal on the basis of race, religion, color, sex, physical handicap, national origin, or ancestry.