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NEGOTIATED AGREEMENT - Faith School District

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TABLE OF CONTENTS<br />

PREAMBLE.......................................................... 2<br />

I. RECOGNITION .................................................... 2<br />

II. NEGOTIATION PROCEDURE ............................ 2<br />

III. EVALUATION ................................................ 2-10<br />

IV. EMPLOYMENT SECURITY ......................... 10-12<br />

V. ASSOCIATION RIGHTS .................................... 12<br />

VI. WORKDAY ........................................................ 12<br />

VII. EMPLOYEE COMPENSATION ................... 12-15<br />

VIII. FRINGE BENEFITS ........................................... 15<br />

IX. LEAVES ........................................................ 15-17<br />

X. STAFF REDUCTION POLICY...................... 17-18<br />

XI. EMPLOYMENT OF TEACHERS ....................... 18<br />

XII. RECALL POLICY .............................................. 18<br />

XIII. CONTRACT RELEASE POLICY ....................... 19<br />

XIV. EARLY RETIREMENT/REEMPLOYMENT ..... 19<br />

XV. GRIEVANCE PROCEDURE ......................... 19-22<br />

XVI. EFFECT OF <strong>AGREEMENT</strong> ........................... 23-24<br />

APPENDIX A TEACHER CONTRACT ..................................... 25<br />

APPENDIX B NOTICE OF ELECTION………………………...26<br />

APPENDIX C EXTRA CURRICULAR CONTRACT ................ 27<br />

APPENDIX D SALARY SCHEDULE ........................................ 28<br />

APPENDIX E EXTRA CURRICULAR SALARY SCHEDULE 29<br />

APPENDIX F SECTION 125 CAFETERIA PLAN ............... 30-32<br />

Page 1


PREAMBLE<br />

This agreement made and entered into by and between the Board of Directors of the <strong>Faith</strong><br />

<strong>School</strong> <strong>District</strong> #46-2, hereinafter referred to as the “<strong>District</strong>” or “Board”, and the <strong>Faith</strong><br />

Education Association, hereinafter referred to as the “Association”, include all of the<br />

following articles and provisions.<br />

I. RECOGNITION<br />

Pursuant to the provisions of SDCL 3-18, the Board of Directors for the <strong>Faith</strong> <strong>School</strong><br />

<strong>District</strong> #46-2, <strong>Faith</strong>, South Dakota, hereinafter referred to as the “Board”, recognizes the<br />

<strong>Faith</strong> Education Association hereinafter referred to as the “Association”, as the sole and<br />

exclusive representative for all certificated personnel employed or to be employed by the<br />

<strong>District</strong>, whether on contract or on <strong>District</strong> approved leave, hereinafter referred to as<br />

“employees”, excluding any person or group of people employed as certificated<br />

administrative or supervisory personnel.<br />

The Board will not bargain with or recognize any “employee organization” other than the<br />

association as representing the certificated employees of the <strong>District</strong> in the unit<br />

designated in this section.<br />

This recognition shall be continuous unless challenged pursuant to SDCL 3-18.<br />

II.<br />

NEGOTIATION PROCEDURE<br />

The Parties to this Agreement (Board & Association) have had the complete right to<br />

make proposals and negotiate those proposals in accordance with the public sector<br />

collective bargaining laws contained in chapter 3-18 of the South Dakota Codified Laws.<br />

If negotiations are not completed by May 1, contracts shall be issued under the same<br />

terms and provisions as the previous agreement. Upon completion of negotiations,<br />

retroactive adjustments will be made to reflect the terms and conditions of the new<br />

agreement.<br />

III.<br />

EVALUATION<br />

Teacher evaluation should provide opportunities for teachers at different developmental<br />

stages to be involved in processes and activities appropriate to their experience and<br />

expertise. In addition, teacher evaluation should be heavily focused on the formative<br />

aspects of evaluation, using staff-directed activities for the purpose of promoting<br />

professional development, especially development focused on improving student<br />

achievement as determined by district achievement goals and individual classroom needs.<br />

(All referenced evaluation forms are located in the Teacher Handbook)<br />

To accomplish the desired outcomes, the <strong>Faith</strong> <strong>School</strong> <strong>District</strong> will use a basic two-stage<br />

approach to evaluation and a plan of assistance. These are:<br />

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Stage I - Beginning or Probationary Teachers<br />

Stage II – Continuing Contract Teachers<br />

Plan of Assistance<br />

The evaluation process for all stages should focus on the criteria detailed below. The<br />

evaluation policy will be presented to the teachers at the fall in-service by the principal or<br />

superintendent/ceo. Recommendation for Continued Employment shall be based on the<br />

staff evaluation procedure identified herein this document. The code of Professional<br />

Ethics (SDCL 24:08:03) is incorporated herein as criteria subject to evaluation and<br />

comment.<br />

TEACHING CRITERIA<br />

The evaluation of teacher performance shall be based on the following components of<br />

professional practice. The principals of the <strong>Faith</strong> <strong>School</strong> <strong>District</strong> shall be responsible for<br />

the evaluation of teachers in their respective schools. Should any teacher feel that they<br />

have been unfairly evaluated, they may request an evaluation by the superintendent/ceo<br />

or other supervisory personnel approved by the Board.<br />

I. Planning and Preparing for Instruction:<br />

a. Demonstrates knowledge of content, pedagogy and students<br />

b. Selects appropriate instructional objectives<br />

c. Develops lesson plans to accomplish objectives<br />

d. Plans instruction to accommodate the needs of all students<br />

e. Plans student assessment to monitor achievement on objectives<br />

(Special Educators Only) Plans for the educational needs of special<br />

education students:<br />

* accepts case management responsibility for individual students as<br />

assigned.<br />

* follows through with new referrals.<br />

* schedules and/or administers appropriate evaluations.<br />

* documents through the multidisciplinary team report student<br />

eligibility for special education services.<br />

* plans instruction and/or techniques to address student goals and<br />

objectives.<br />

* assists regular education teachers with such things as<br />

modifications, strategies, techniques, and collaborative teaching<br />

II.<br />

Instruction<br />

a. Engages students in learning<br />

b. Uses a variety of instructional strategies<br />

c. Communicates appropriate objectives to students at the onset of the lesson<br />

d. Provides appropriate feedback to students<br />

e. Demonstrates understanding of subject being taught and its relevance to<br />

students<br />

f. Maintains effective pacing<br />

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g. Fosters higher level thinking<br />

h. Integrates technology in lessons<br />

III.<br />

Classroom Management<br />

a. Organizes time, space, materials, and equipment for instruction<br />

b. Maintains an environment of respect and rapport<br />

c. Manages classroom procedure<br />

d. Manages student behavior<br />

e. Establishes a culture of learning<br />

f. Uses electronic media for student information management<br />

g. Operates media equipment for instruction<br />

(Special Educators Only) Submits requested documentation to the<br />

district office in a timely fashion.<br />

* utilizes appropriate special education forms.<br />

* maintains special education files with all required documentation<br />

in an orderly and prescribed fashion.<br />

* maintains accurate Child Count information.<br />

* arranges evaluations well in advance of testing due dates.<br />

* demonstrates responsibility for provision of documentation to the<br />

State Dept. of Special Education as a result of compliance review.<br />

* submits ESY (Extended <strong>School</strong> Year) information as requested.<br />

* submits IEPs (Individualized Education Programs) to the office<br />

within two weeks of their date.<br />

* submits an annual timeline of caseload responsibility completion.<br />

IV.<br />

Interpersonal Skills<br />

a. Provides a positive classroom and building climate<br />

b. Maintains positive student relationships<br />

c. Maintains positive staff relationships<br />

d. Maintains positive parent/community relationships<br />

e. Communicates effectively<br />

V. Professional Growth and Responsibilities<br />

a. Adheres to SD Code of Professional Ethics for Teachers<br />

b. Reinforces the vision and mission of the school district<br />

c. Commits service to the school, district and the profession<br />

d. Complies with district policies and procedures<br />

e. Demonstrates a commitment to professional development<br />

(Special Educators Only) Observes the required rules and<br />

regulations of special education:<br />

* demonstrates overall understanding of the district special<br />

education comprehensive plan.<br />

* follows the eligibility criteria as set forth by the state.<br />

* consistently applies prior notice requirements with regard to<br />

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evaluation, re-evaluation, IEP writing and review, and change in<br />

placement.<br />

* obtains written consent as necessary.<br />

* maintains accurate records of parent/guardian contacts.<br />

* adheres to the timelines for prior notice, evaluation, re-evaluation,<br />

and IEP (Individualized Education Program) meetings and<br />

review.<br />

* uses appropriate content for prior notices and IEPs<br />

(Individualized Education Programs).<br />

* maintain confidentiality of personally identifiable information.<br />

(Special Educators Only) Appropriately conducts IEP meetings:<br />

* arranges for appropriate representation at all IEP (Individualized<br />

Education Program) meetings.<br />

* adequately prepares for the meeting.<br />

* helps to create a positive, professional working relationship.<br />

* addresses all components of the IEP (Individualized Education<br />

Program).<br />

* assures parent and student (when appropriate) participation in the<br />

process.<br />

* informs parents of their rights.<br />

* gives parents copies of the IEP (Individualized Education<br />

Program).<br />

TEACHER DEFINED<br />

1. Beginning teacher (Probationary Teacher):<br />

A beginning teacher is defined as an individual new to the profession in his/her first,<br />

second or third year of teaching. A teacher who has successfully completed a<br />

probationary period in another school district and accepts a position at <strong>Faith</strong> <strong>School</strong><br />

<strong>District</strong> 46-2 is considered a probationary teacher. Beginning teachers will be on<br />

“probationary status” for a period of three years.<br />

2. Continuing Contract Teacher:<br />

A non-probationary teacher with three or more successful years at the <strong>Faith</strong> <strong>School</strong><br />

<strong>District</strong> 46-2 is considered a “Continuing Contract Teacher.”<br />

STAGE I: BEGINNING TEACHER EVALUATION<br />

Stage I is designed for all teachers new to the school district. This would automatically<br />

include all teachers who are just starting their teaching careers. In year one and two all<br />

new teachers will have a summative evaluation that includes the formal observation<br />

procedure. The summative evaluation includes both formal and informal observations.<br />

Two formal observations, at minimum, will be conducted for each summative evaluation.<br />

Formal observations are classroom visits that exceed 45 minutes.<br />

Page 5


One of the formal observations will be of an extended duration. At the elementary level<br />

this is defined as an observation of at least two to three consecutive hours. At the<br />

secondary level it should involve observing the same class period for two or three<br />

consecutive days. One formal observation must be conducted prior to the end of the first<br />

semester. The second formal observation must be held prior to the required summative<br />

evaluation conference (to be completed by April 1). Informal observations include any<br />

and all behaviors in a variety of settings that reflect overall professionalism including but<br />

not limited to walk-throughs and unannounced classroom observations.<br />

For a beginning teacher in their third year, a Career Growth Plan may substitute for the<br />

formal observations procedure at the discretion of the supervisor. The Career Growth<br />

Plan shall be based, at minimum, on the needs of the teacher, student achievement goals<br />

of the <strong>Faith</strong> <strong>School</strong> <strong>District</strong>, and ultimately to student learning. If the supervisor approves<br />

a Career Growth Plan option for the third year teacher, the teacher will select one or more<br />

areas from the List of Career Growth Areas. The third year teacher will then complete the<br />

Career Project Identification (form A) and submit it to the principal before October 15.<br />

The principal will approve, reject, or suggest alternate areas. If the plan is approved, the<br />

teacher will have the responsibility of carrying out the approved plan. The Career Project<br />

Summary (form B) will be submitted to the principal by March 15. The content of this<br />

written summary should be the effort, power, progress, and involvement reflected in the<br />

work and the products of that work. A conference will be scheduled prior to April 1 to<br />

review the Career Project Summary. The Career Project Summary will be considered the<br />

summative evaluation for that year. This would begin the first year of a 3 year summative<br />

evaluation cycle for the teacher.<br />

List of Career Growth Plan Areas:<br />

Peer observations and conferences<br />

Classroom observations and conferences<br />

Self analysis of video lessons<br />

Literature review<br />

Case study analysis<br />

Enrolling in a Masters program<br />

Mentor<br />

ESA Sponsored program<br />

Visitation of model programs<br />

Other - Teacher/Supervisor proposal<br />

STAGE II: CONTINUING CONTRACT TEACHER EVALUATION<br />

Stage II is designed for continuing contract teachers. This would include teachers with 3<br />

or more successful years in the <strong>Faith</strong> <strong>School</strong> <strong>District</strong>. Stage II provides possibilities and<br />

options for continued professional growth that should result in increased expertise and a<br />

deeper understanding of the teaching/learning process to support the progress of teachers.<br />

The evaluation system for continuing contract teachers includes the traditional formal<br />

observation process or a Career Growth Plan (projects that promote self-evaluation and<br />

professional growth) option. The teacher will have the option to participate in a Career<br />

Growth Plan two out of three years. At least once every three years the traditional<br />

summative evaluation will be used.<br />

A traditional summative evaluation will include both formal observation and informal<br />

observations. One formal observation, at minimum, will be conducted for each<br />

Page 6


summative evaluation. A formal observation is a classroom visit that exceeds 45 minutes.<br />

The formal observation may be of an extended duration. At the elementary level this is<br />

defined as an observation of at least two to three consecutive hours. At the secondary<br />

level it could involve observing the same class period for two or three consecutive days.<br />

The formal observation and post-conference must be held prior to the required summative<br />

evaluation conference (to be completed by April 1). Informal observations include any<br />

and all behaviors in a variety of settings that reflect overall professionalism including but<br />

not limited to walk-throughs and unannounced classroom observations.<br />

The Career Growth Plan shall be based, at a minimum, on the needs of the teacher,<br />

student achievement goals the <strong>Faith</strong> <strong>School</strong> <strong>District</strong>, and ultimately to student learning.<br />

Teachers are responsible to develop and implement their Career Growth Plan in<br />

collaboration with their supervisor. If the teacher chooses this option, the teacher will<br />

select one or more areas from the List of Career Growth Areas. The teacher will then<br />

complete the Career Project Identification (form A) and submits it to the principal before<br />

October 15. The principal will approve, reject, or suggest alternate areas. If the plan is<br />

approved, the teacher will have the responsibility of carrying out the approved plan. The<br />

Career Project Summary (form B) will be submitted to the principal by March 15. The<br />

content of this written summary should be the effort, power, progress, and involvement<br />

reflected in the work and the products of that work. A conference will be scheduled prior<br />

to April 1 to review the Career Project Summary. The Career Project Summary will be<br />

considered the summative evaluation for that year.<br />

List of Career Growth Areas:<br />

Peer observations and conferences<br />

Classroom observations and conferences<br />

Self analysis of video lessons<br />

Literature review<br />

Case study analysis<br />

Enrolling in a Masters program<br />

Mentor<br />

ESA Sponsored program<br />

Visitation of model programs<br />

Other - Teacher/Supervisor proposal<br />

PLAN OF IMPROVEMENT:<br />

The Plan of Improvement provides good faith effort to support and guide the teacher in<br />

meeting the expectations of the <strong>Faith</strong> <strong>School</strong> <strong>District</strong>. This plan provides a more<br />

structured and intensive mode of supervision for the staff member who is not consistently<br />

demonstrating one or more of the established teaching criteria. The decision regarding<br />

implementation of the plan should be collaborative, but may be directive and may be<br />

implemented by the supervisor at any time. This plan is intended to provide the highest<br />

likelihood for professional improvement. Because of the personal nature of this plan,<br />

confidentiality is expected of all participants. The Plan of Improvement consists of two<br />

phases.<br />

Awareness Phase<br />

In the awareness phase, the administrator/evaluator identifies a problem relating to<br />

the established Teaching Criteria. The evaluator should contact the staff member in<br />

writing, make him/her aware of the problem, collaboratively develop the means to<br />

resolve the problem, and schedules a time (not to exceed three months) to discuss the<br />

Page 7


esolution (form C). While the teacher and the evaluator attempt to resolve the<br />

problem, the staff member continues to remain in Stage I or Stage II. At the<br />

conclusion of the agreed upon timeframe, the evaluator will review the progress and<br />

will make one of the following recommendations:<br />

• The concern is resolved and the staff member is removed from the awareness<br />

phase and continues to work within Stage I or Stage II.<br />

• The concern is not resolved, the staff member will be recommended to be moved<br />

to the assistance phase. Placement in the assistance phase would suggest that<br />

activities in the Career Growth Plan would be suspended. The supervisor must<br />

approve the decision to postpone the teacher’s responsibility for engaging in the<br />

learning identified in the Career Growth Plan.<br />

Assistance Phase<br />

If the problem is not resolved in the Awareness Phase, the staff member will be<br />

formally notified of his/her placement in the Assistance Phase (form D). A copy will be<br />

forwarded to the Superintendent's office and is placed in the teacher’s personnel file.<br />

The staff member should also be notified of their right to request assistance from their<br />

local association. A conference will be held between the staff member and the evaluator<br />

to develop an Assistance Plan that must include a specific statement of concerns related<br />

to one or more of the <strong>Faith</strong> <strong>School</strong> <strong>District</strong> Teaching Criteria, the methods or strategies<br />

to address the concern, a timeline for addressing the concern, indicators of progress,<br />

and the resources and support needed (form E). It may be beneficial for the supervisor<br />

and the teacher to identify a team of individuals who have the knowledge and skills to<br />

assist the identified teacher in improving his/her performance. At least once during the<br />

designated timeframe a progress report will be provided to the teacher (form F). At the<br />

end of the designated timeframe the supervisor will complete a summary of the<br />

Assistance Plan and both the teacher and supervisor will sign it (form G). One of three<br />

recommendations will be made:<br />

• The concern is resolved; the staff member is removed from the Assistance<br />

Plan<br />

• Progress is noted, the timeline is extended.<br />

• The concern is not resolved, no progress noted.<br />

RECOMMENDATION FOR CONTINUED EMPLOYMENT<br />

a. Teachers in their first three years of employment with the district will be<br />

provided annual recommendations for continued employment by their<br />

supervising administrator. Those recommendations may take one of three<br />

forms:<br />

i. __ Recommended for Continued Employment<br />

ii. __ Recommended for Continued Employment with Conditions<br />

iii. __ Not Recommended for Continued Employment<br />

b. Teachers under continuing contract status will be assumed to be recommended<br />

for continuing employment unless notified to the contrary by April 15 th of the<br />

current school year. If notified, recommendations take one of two forms:<br />

i. __ Recommended for Continued Employment with Conditions<br />

ii. __ Not Recommended for Continued Employment<br />

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c. Teachers “Recommended for Continued Employment with Conditions” shall<br />

be placed on a Plan of Assistance.<br />

d. Teachers who are “Not Recommended for Continued Employment” will be<br />

accorded rights under SDCL 13-43.<br />

PERSONNEL AND WORKING FILES<br />

a. Notes and paperwork regarding all informal observations shall be maintained<br />

separately from the district personnel files, and shall be treated in a<br />

confidential manner. Items moved from working files will require notification<br />

and signature of the staff member at the time of placement in the personnel<br />

file.<br />

b. The results of all summative evaluations shall be placed in the teacher’s<br />

personnel file. Said files shall be maintained at the district central office.<br />

Observations do not become part of this file unless there is need for additional<br />

documentation to support the results of the summative evaluation.<br />

c. The contents of a teacher’s personnel file shall be available for review and<br />

inspection by the teacher, a teacher’s designated representative, the teacher’s<br />

supervisor, or by the superintendent at any time.<br />

d. No teacher shall be permitted to physically remove their personnel file from<br />

the central office or to review it without being in the direct presence of the<br />

superintendent, or his designee.<br />

e. Materials may be removed from a teacher’s personnel file only upon the<br />

written approval of the superintendent of schools.<br />

f. Information in the evaluation section shall be released to potential employers<br />

only upon the written consent of the teacher.<br />

OBSERVATION PROCEDURE<br />

Formal observations should be preceded by a pre-conference. The purpose of the preobservation<br />

conference will be to discuss the lesson to be observed. The pre-observation<br />

conference may be waived by the teacher being observed. In either case the Pre-<br />

Observation Form (form H) will be completed by the teacher and returned to the<br />

supervisor one day prior to the observation. Prior to completing the form, the teacher and<br />

supervisor will need to mutually agree upon a scheduled time for the observation. The<br />

observation will take place at the scheduled time. A Post-Observation Conference Form<br />

(form I) will be utilized by the teacher and supervisor during the conference. The form<br />

will be used to facilitate dialogue during the post-conference. The post-conference will<br />

take place within fifteen (15) working days of the formal observation. Both the teachers<br />

and supervisors completed Post-Observation Form will be placed in the teachers working<br />

file. Additional formal observations may be conducted at the discretion of the<br />

administrator.<br />

INFORMAL OBSERVATION PROCEDURE<br />

Informal observations may be conducted at any time, and may be reduced to writing at<br />

the discretion of the administrator. These observations may result in a written summary<br />

Page 9


of the observation and/or a conference between the teacher and administrator on the<br />

result of the observation.<br />

EVALUATION PROCEDURE<br />

Prior to April 1 st a summative evaluation conference will be held to discuss the<br />

summative evaluation. Teachers are to complete the Self-Evaluation Form (form J) prior<br />

to the evaluation conference. The conference should encourage professional dialogue<br />

between the supervisor and the individual being evaluated. It should revolve around some<br />

broadly based, open ended questions and the self-evaluation. The following list is meant<br />

to be illustrative of the type of questions which could be discussed:<br />

When planning for instruction, how do you organize your efforts? What<br />

helps/hinders your planning?<br />

How might the district better support your efforts toward professional development<br />

and improvement?<br />

Are there additional resources you need to improve your professional skills?<br />

What have you done this year to grow professionally as a teacher?<br />

What areas would you like to improve in your teaching practice?<br />

Are there other issues regarding your teaching you would like to discuss?<br />

At the conclusion of the conference the supervisor will complete the Summative<br />

Evaluation Narrative (form L). The evaluation shall be acknowledged by the signatures<br />

of the administrator and the individual being evaluated. Such signatures may not<br />

necessarily denote agreement with the statements contained therein.<br />

The individual being evaluated may make written comments which disagree with any<br />

part of the evaluation.<br />

The Summative Evaluation Narrative (form L), the teacher’s Self-Evaluation (form J)<br />

and the supervisor’s Evaluation Conference Notes (form K) will be made in duplicate.<br />

One copy will be provided for the teacher and the other will be placed in the teacher’s<br />

personnel file.<br />

IV.<br />

EMPLOYMENT SECURITY<br />

A. RIGHT TO DUE PROCESS<br />

The <strong>District</strong> will follow state law regarding Due Process.<br />

Student/patron complaints and grievances are to be resolved through orderly processes<br />

and at the lowest possible level. Channels will be provided for an eventual hearing by the<br />

Board in instances when this becomes necessary. Therefore:<br />

1. Any student or his parents or guardian will be provided the opportunity to<br />

discuss with the student's teacher a decision or situation which he<br />

considers unjust or unfair.<br />

Page 10


2. If the incident remains unresolved, the student or his parents or guardian<br />

or the teacher, may bring the matter to the principal's attention for his<br />

consideration and action. A Student/Patron Complaint and Grievances form<br />

must be completed and submitted to the principal. A meeting will be arranged<br />

with the complaining party, the teacher and principal.<br />

3. The student may also bring a matter of general student concern to the<br />

attention of class officers or the student council (in grades and schools<br />

where such are elected) for possible presentation to the principal.<br />

4. If the matter is still unresolved after the procedure outlined above, it<br />

may be brought to the chief executive officer (CEO)/superintendent for his<br />

consideration. A meeting will be arranged with the complaining party, the<br />

teacher and (CEO)/superintendent.<br />

5. Complaints that remain unresolved following any action of the chief executive officer<br />

(CEO)/superintendent may be referred in writing to the Board for review. A hearing in<br />

executive session of the Board will be arranged within ten days or at the next<br />

regular meeting of the Board, whichever comes first. The complaining party and the<br />

teacher will be given an opportunity to present their position. Each may have a<br />

representative present.<br />

The Board's decision will be final unless an appeal is made pursuant to SDCL 13-46-1.<br />

B. PROTECTION AGAINST UNWARRANTED DISCIPLINARY ACTION<br />

Unwarranted disciplinary action against an employee includes a variety of<br />

problems, including sexual harassment charges, student discipline problems,<br />

policy noncompliance, etc. Separate policies should be in place to determine due<br />

process procedures:<br />

1 No employee shall be disciplined without just cause.<br />

2 Anytime an employee received disciplinary action, which may affect his/her<br />

employment status, the employee shall be notified of such meeting in<br />

advance and of his/her right to have an association representative present<br />

except in the case of a verbal reprimand.<br />

3 Discipline of employees shall be progressive through the following steps<br />

beginning with “a” or the step appropriate based on just cause. None of the<br />

following shall take place in public unless required by statute:<br />

a. Oral reprimand<br />

b. Written reprimand<br />

c. Suspension with pay by the immediate supervisor or<br />

superintendent<br />

d. Suspension without pay by the Board<br />

4 At all levels except “a,” a written explanation of the reasons for the<br />

disciplinary action shall be provided to the employee. All investigations shall<br />

be strictly confidential. The employee shall have the right to have a hearing<br />

before the supervisor who is imposing the discipline. Evidence may be<br />

Page 11


presented, including through witnesses, and cross-examination, and rebuttal<br />

witnesses. The employee may have a representative at his/her hearing before<br />

the Board under the same conditions as the first hearing. <strong>School</strong> Board<br />

decisions may be appealed according the S.D. statute.<br />

V. ASSOCIATION RIGHTS<br />

A. The Association shall have the right to use school facilities for meetings<br />

beyond the established school day. Such use shall not interfere with the school<br />

program.<br />

B. The Association shall have the right to use the inter-school mail, employee<br />

mailboxes, and bulletin boards so long as such usage does not increase the<br />

workload of any district employee. Reasonable use of school equipment, e.g.<br />

computers and copy machines, will be allowed.<br />

VI.<br />

VII.<br />

WORKDAY/WORKWEEK<br />

A. The workday for teachers will be 7:50A.M. to 3:50P.M. inclusive of any noon<br />

supervision.<br />

B. The workweek will be four days, with the exception of those Fridays set aside<br />

for professional development and/or teacher’s meetings.<br />

EMPLOYEE COMPENSATION<br />

A. PAYROLL<br />

1. Employees will be allowed the option of receiving their paychecks in<br />

equal installments over nine (9), ten (10), or twelve (12) month periods.<br />

Notification shall be given to the business office no later than September<br />

15 of the current contract year of the option chosen. Salary checks will be<br />

issued on the 25 th of each month unless the 25 th falls on a weekend or<br />

during a vacation period. In such case the checks will be issued on the last<br />

working day prior to the weekend or vacation.<br />

B. SALARIES<br />

1. Salaries of teachers of the school district shall be determined by schedule.<br />

The current salary schedule is Appendix C and the current extra duty<br />

schedule is Appendix D. A new experienced teacher entering the system<br />

shall be given credit for up to 10 years actual experience in another<br />

system. The <strong>School</strong> Board reserves the right to negotiate salary with any<br />

personnel, above the salary schedule, in the case of hardship due to the<br />

lack of qualified applicants, as outlined in B.1.a. and B.1.b.<br />

a. In a hardship case a new experienced teacher may receive<br />

credit for an additional 5 years, regardless of actual experience,<br />

for a period of 2 years, during which time his/her salary is<br />

frozen. The third year he/she returns to the normal salary<br />

schedule equal to his/her actual years of experience.<br />

b. A first-year teacher in a hardship case may be given a<br />

$3,000.00 signing bonus, receiving $1,000.00 each year for the<br />

Page 12


first three years of employment, to be paid upon contract<br />

renewal. Any balance will be forfeited upon resignation or<br />

termination for cause. If such a teacher is non-renewed or nonrenewed<br />

due to Reduction in Force, he/she will receive the<br />

balance of the $3,000.00 over the remainder of the three year<br />

period.<br />

c. Two years of full time military service will be recognized as<br />

equal to one year teaching experience.<br />

d. Non-degree teachers who receive their degree will be placed on<br />

the salary schedule in relationship to their experience.<br />

e. For each day of unused sick leave above the cumulative of 30<br />

days each teacher will be compensated at the rate of $25.00 per<br />

day. For each day of unused discretionary leave each teacher<br />

will be compensated at the rate of $50.00 per day.<br />

f. Upon termination of employment with the district, a teacher<br />

will be paid $25.00 for each day of accumulated sick leave. A<br />

teacher will forfeit the pay if he/she willfully does not complete<br />

a signed contract.<br />

g. The B.A. + 10 Salary Schedule Level shall apply to any teacher<br />

who has earned 10 graduate hours of credit since completing<br />

the B.A. degree.<br />

h. The B.A. + 20 Salary Schedule Level shall apply to any teacher<br />

who has earned 20 graduate hours of credit since completing<br />

the B.A. degree.<br />

i. The B.A. + 30 Salary Schedule Level shall apply to any teacher<br />

who has earned 30 graduate hours of credit since completing<br />

the B.A. degree.<br />

j. The M.A. Salary Schedule Level shall apply to any teacher<br />

who has a Masters degree with at least a minor in the fields<br />

being taught.<br />

k. The M.A. + 10 shall apply to any teacher who has earned 10<br />

graduate semester hours of credit since completing the M.A.<br />

degree.<br />

l. The M.A. +20 shall apply to any teacher who has earned 20<br />

graduate semester hours of credit since completing the M.A.<br />

degree.<br />

m. The M.A. +30 shall apply to any teacher who has earned 30<br />

graduate semester hours since completing the M.A. degree.<br />

n. Official notices of advanced hours, which have been completed<br />

prior to September 15, shall entitle the employee to advance<br />

lane placement. Notification shall be given to the business<br />

office no later than September 15 of the current contract year.<br />

o. In the event the Board requests a teacher to voluntarily accept<br />

a teaching assignment for which he/she is not certified, the<br />

Board will reimburse the teacher for tuition expenses incurred<br />

in becoming certified for the position in an amount not to<br />

Page 13


exceed the in-state tuition rate. This provision may not be used<br />

by a teacher to become fully certified in his/her current<br />

teaching assignment.<br />

p. An employee employed for less than full time shall be placed<br />

on the salary schedule according to the provisions of this<br />

article, and shall be paid a salary proportionate to the amount<br />

of time employed will be paid.<br />

q. When it is necessary that the school personnel use their own<br />

vehicles for transportation to events where their attendance is<br />

required the minimum rate set by the state of SD will be paid<br />

for map miles.<br />

r. Whereas meals must be purchased in state and out of state, the<br />

school district will pay up to the maximum rates set by the<br />

State of South Dakota. Necessary lodging will be paid for by<br />

the school district.<br />

s. In-service days prior to the start of school will be added as<br />

contract days. The in-service days throughout the year will be<br />

reduced accordingly.<br />

t. Any teacher using his/her prep time to enhance the curriculum<br />

within the <strong>Faith</strong> <strong>School</strong>, and creating a schedule that consists of<br />

seven periods of classroom instruction, shall be compensated at<br />

the rate of one-seventh of the involved teacher’s salary.<br />

u. Free lunch will be provided to elementary staff on days that<br />

they have lunch recess duty and free lunch will be provided to<br />

high school staff on days that they have lunch duty.<br />

C. EDUCATIONAL CREDITS<br />

1. The Board will allow credit for movement on the salary schedule with<br />

graduate credits that reflect the area of your course of study. (i.e.<br />

Science – study in science related courses, physics, chemistry, space<br />

science). TTL credits will count toward movement on the salary<br />

schedule. Instructors who expand their curriculum, another Bachelors<br />

of Science, Bachelors of Arts, Specialists or Doctorate degree will be<br />

credited for movement on the salary schedule. Expanding and<br />

enhancing your curriculum, what you will be able to teach, increases<br />

your value and your value to the <strong>District</strong>. The superintendent, on<br />

behalf of the Board, will make decisions as to the movement on the<br />

salary schedule. A prior written approval form signed by the<br />

superintendent must be obtained for credit and movement on the salary<br />

schedule.<br />

D. TEACHER CONTRACT<br />

The individual teacher contract appears as Appendix A of this agreement.<br />

The extra curricular contract appears as Appendix B of this agreement.<br />

Page 14


VIII. FRINGE BENEFITS<br />

A. The <strong>Faith</strong> <strong>School</strong> <strong>District</strong> shall provide for each employee, the following:<br />

1. Single Health, Major Medical coverage. Maximum contribution will<br />

be $315.00 per teacher.<br />

2. Dental at employee cost.<br />

3. Cafeteria Plan Arrangement (Appendix E), subject to Planholder<br />

termination of the Cafeteria Plan, as set forth in the Cafeteria Plan<br />

Arrangement.<br />

4. If certified employees choose not to take advantage of the Single<br />

Health, Major Medical coverage they will have the option of being<br />

provided single dental coverage.<br />

IX.<br />

LEAVES<br />

A. SICK LEAVE<br />

1. Paid sick leave up to ten (10) days per year accumulative to 30 may be<br />

used for personal illness of disability or for that of immediate family.<br />

Immediate family shall be defined as spouse, parents, and children of<br />

the employee. In the event of death in the immediate family, the type<br />

of leave taken by the employee shall be left to the discretion of the<br />

employee. No more than five days sick leave may be used by death in<br />

the immediate family unless approved by the superintendent. Excess<br />

sick leave pay for over 30 days or when a person retires or resigns<br />

shall be paid at the rate of $25.00 per day. Prorate sick leave for<br />

teachers that are less than full time.<br />

B. DISCRETIONARY LEAVE<br />

1. Four days discretionary leave. Any attendance at a convention or meeting,<br />

which is required by a supervisor is not considered discretionary leave.<br />

Anyone supervising children from the <strong>Faith</strong> <strong>School</strong> <strong>District</strong>, on a school<br />

activity will not have to use their discretionary leave. Prior approval by the<br />

principal is required. Teachers may choose to attend professional<br />

development activities that are not required by the supervisor.<br />

Discretionary leave will be used for these activities. Prorate discretionary<br />

days for teachers that are less than full time. Unused discretionary leave<br />

will be paid at the rate of $50.00 per day.<br />

C. SICK LEAVE BANK<br />

1. A sick leave bank has been established for those who wish to participate.<br />

Sick leave bank rules are as follows:<br />

a. Every teacher, superintendent/ceo/principal shall be eligible for<br />

the sick leave bank upon signing over one sick leave day to the<br />

bank before the first pay period.<br />

Page 15


. Each participating employee contributes one day of sick leave<br />

per year to the bank and may draw up to 30 days of sick leave<br />

per year from the bank provided that such named employee has<br />

exhausted his/her accumulated sick leave.<br />

c. Administration of the program will be handled by the school<br />

business office.<br />

d. All requests for use of this bank must be submitted in writing<br />

to the sick leave bank board. The sick leave bank board has the<br />

authority to approve or disapprove any requests. The sick leave<br />

bank board is to consist of participating members of the sick<br />

leave bank. The members shall determine the size of the board.<br />

e. Each employee enrolling in the bank will donate one day of<br />

his/her sick leave to the bank prior to the first pay period until<br />

the contribution builds the bank total to 250 or more days. No<br />

more days will be added to this total until the bank is depleted<br />

to 150 days, except for new participants who shall donate for<br />

five years.<br />

f. A person withdrawing from membership in the bank will not<br />

be able to withdraw contributed days.<br />

g. Persons withdrawing sick leave days from the bank will not<br />

have to replace these days except as a regular contributing<br />

member of the bank.<br />

h. The sick leave bank board may, at their discretion, request a<br />

doctor’s report before granting approval for withdrawal of days<br />

from this bank.<br />

i. If the teacher has exhausted all sick leave days and allowable<br />

sick bank days, teachers may donate days from their sick leave<br />

to that teacher.<br />

j. This is not a bank for maternity leave.<br />

2. Sick leave is provided so that you need not expose children to your illness<br />

nor prolong it by being at work when you should have stayed home. In<br />

case of illness, the principal or his/her designee should be notified by 6:30<br />

AM so that a substitute can be contacted.<br />

D. COURT AND JURY DUTY<br />

Any school personnel called for jury duty during school hours, or who is<br />

subpoenaed to testify in a hearing during school hours on a matter in<br />

which he/she is not a named party, will be granted leave with pay for the<br />

days or parts of days such absence is required.<br />

Any per diem received for jury duty or designated subpoena absence,<br />

except that granted for mileage, room and other expenses which are not<br />

part of he daily juror wage, shall be assigned to the <strong>Faith</strong> <strong>School</strong> <strong>District</strong><br />

46-2. Should said per diem not be assigned to the school, the amount will<br />

be deducted from the employees’ regular salary.<br />

Page 16


Any school personnel selected will notify the superintendent/chief<br />

executive officer as soon as practical to make the necessary arrangements<br />

for a substitute, if needed, when jury duty leave must be taken.<br />

Note: Leave will be granted with full pay and without loss of credits.<br />

E. UNPAID LEAVE OF ABSENCE<br />

1. A regularly employed teacher with 7 or more years of satisfactory<br />

continuous service with the <strong>Faith</strong> <strong>School</strong> <strong>District</strong> may be granted a leave<br />

of absence not to exceed one academic year. This leave of absence shall be<br />

subject to school Board approval. The returning teacher shall be given the<br />

opportunity to have his/her job back when returning to the school the<br />

following year. The teacher shall retain all accumulated sick leave and<br />

placement on the salary schedule. The teacher will also be given the<br />

choice to keep on with the school’s insurance plan during the leave of<br />

absence year, with the employee paying the premiums. The same teacher<br />

may not request another leave of absence for another 7 years.<br />

2. Application for a leave of absence shall be made in writing prior to April<br />

1, preceding the year for which such leave is granted except in an<br />

emergency situation in which case the deadline could be waived at the<br />

discretion of the board. Notification of the Board’s decision on the leave<br />

will be within (30) thirty calendar days after the date of application.<br />

3. The number of leaves of absence during any one school year will be<br />

decided in best interest of the district.<br />

X. STAFF REDUCTION POLICY<br />

According to SDCL 13-43-6.4 and notwithstanding SDCL 13-43-6.1, SDCL 13-<br />

43-6.2, SDCL 13-43-6.3, inclusive, if a teacher’s contract is not renewed due to a<br />

reduction in staff, only written notice is required, which shall be provided by the<br />

school board to the teacher by April fifteenth.<br />

Staff reduction occurs when the Board eliminates all or part of an existing<br />

position held by anyone whom continuing contract rights apply. In the event the<br />

Board determines that the staff reduction is necessary, the following guidelines<br />

will be considered:<br />

1 An effort will be made to effect the reduction through normal attrition.<br />

The Education Association and affected teacher(s) will be notified and<br />

group recommendations considered if received within 14 days of issuance<br />

of the notice.<br />

2. Positions held by persons with less than full certification for their current<br />

teaching assignments will be open to a properly certified and experienced<br />

continuing contract teacher who has been notified that his or her position<br />

has been eliminated and has been requested to be considered.<br />

Page 17


3. If a position of a continuing contract teacher is eliminated due to staff<br />

reduction, the Board will determining which continuing contract teacher or<br />

teachers are to be released, considering the following criteria, as<br />

applicable. The criteria are not in rank order of importance:<br />

a. Student and curriculum needs;<br />

b. Prior evaluations;<br />

c. Competency;<br />

d. Qualifications;<br />

e. Certification;<br />

f. Experience in the area to be taught;<br />

g. Educational background;<br />

h. State and Federal mandates;<br />

i. Administrative recommendation.<br />

The continuing contract teacher who has been notified that his or her position has<br />

been eliminated shall notify the Board of any positions for which the teacher<br />

wishes to be considered and can establish the required qualifications.<br />

The Board will follow the provisions of state law in making staff reductions<br />

involving professional staff members on continuing contract status.<br />

XI. EMPLOYMENT OF TEACHERS SDCL 13–43<br />

All employment conditions of teachers of the <strong>Faith</strong> <strong>School</strong> <strong>District</strong> shall be governed<br />

under the auspices of SDCL 13-43.<br />

XII.<br />

RECALL POLICY<br />

For the purpose of this policy, the effective date of lay-off by reduction in force shall be<br />

May 31 st . The teacher subject to reduction in force termination shall provide a list of<br />

positions for which the teacher wishes to be considered and is qualified to fill. If, during<br />

the first fiscal year subsequent to the lay-off, a vacancy occurs in the grade, subject area,<br />

and activity for which the laid-off teacher wishes to be considered, an offer of reemployment<br />

shall be extended to the teacher, subject to interview and an up-dated<br />

background check. When more than one staff member has the same recall date for the<br />

open position, the Board may consider, among other things, the matters identified in<br />

paragraph 3 of the Reduction in Professional Staff Work Force Policy.<br />

Recall privileges cease when a staff member resigns. Recall privileges will also cease<br />

if, upon being recalled, the staff member fails to report within twenty (20) calendar days<br />

after the mailing of a written notice of recall. Such notice shall be sent to the last<br />

address furnished to the Superintendent/CEO by the staff member, and the twenty (20)<br />

day period shall commence to run on the day the notice is mailed. Recall privileges will<br />

not apply to teachers under contract with another school district unless that recall is for<br />

anticipated positions in the ensuing year.<br />

Page 18


XIII. CONTRACT RELEASE POLICY<br />

Liquidated damage dates will be June 1 - $950.00, July 1 - $1,950.00, August 1 -<br />

$2,950.00. A teacher will forfeit “current contract year” sick pay if s/he willfully<br />

does not complete signed contract. Due to extenuating circumstances such as illness<br />

or death the liquidated damages clause will be nullified.<br />

XIV. EARLY RETIREMENT/ REEMPLOYMENT<br />

Any employee or support staff member of the <strong>Faith</strong> <strong>School</strong> <strong>District</strong> meeting the<br />

qualifications of the South Dakota Retirement System, SDCL Chpt. 3-12, for early<br />

retirement shall be entitled to retire and resign their positions. Any such retirement and/or<br />

resignation (termination of employment) must be in conformance with this Negotiated<br />

Agreement.<br />

Any retired employee or staff member whose employment relationship with the <strong>Faith</strong><br />

<strong>School</strong> <strong>District</strong> has been terminated may only be rehired in conformance with the<br />

provisions of the South Dakota Retirement System, SDCL Chpt. 3-12, and the provisions<br />

of this Negotiated Agreement.<br />

XV.<br />

STAFF GRIEVANCE PROCEDURE<br />

Definitions:<br />

Purpose:<br />

A. A "grievance" is a complaint by a person or group of persons employed by the<br />

<strong>Faith</strong> <strong>School</strong> <strong>District</strong> #46-2, made either individually or by a duly authorized<br />

and recognized employee association through its representative, that there has<br />

been a violation, misinterpretation or inequitable application of any existing<br />

agreement, contract, policy, rule, or regulation of the <strong>School</strong> Board.<br />

Negotiations for, or a disagreement over, a non-existing agreement, contract,<br />

policy, rule, or regulation is not a "grievance."<br />

B. An "aggrieved person" is the person or group of persons filing the grievance.<br />

C. "Board" means the <strong>School</strong> Board of the district.<br />

D. "Days" shall mean calendar working days.<br />

A. The purpose of this procedure is to secure, at the lowest possible level,<br />

equitable solutions to the problems which may from time to time arise<br />

between employees and the district and to facilitate this purpose these<br />

proceedings will be kept as informal and confidential as may be appropriate at<br />

any level of the procedure.<br />

Page 19


B. Nothing herein contained shall be construed as limiting the rights of any<br />

employee having a grievance to discuss the matter informally with any<br />

appropriate member of the administration, and having the grievance adjusted<br />

without the intervention of the employee association, provided the adjustment<br />

is not inconsistent with the terms of any settlement with the employee association<br />

then in effect.<br />

Procedure:<br />

A. It is important the grievances be processed as rapidly as possible. The number<br />

of days indicated at each level shall be the maximum and every effort should<br />

be made to expedite the process.<br />

B. If appropriate action is not taken by the employee within the time limit<br />

specified, the grievance will be deemed settled on the basis of the disposition<br />

at the preceding level. The time limits specified herein may be extended by<br />

mutual agreement, provided the time extension is requested within the time<br />

limits provided in the Article.<br />

C. If an employee does not file a grievance in writing with the principal or other<br />

supervisor within 30 calendar days after the employee knew, or should have<br />

known, of the act or condition on which the grievance is based, the grievance<br />

shall be considered as having been waived.<br />

D. A supply of the grievance forms shall be on file with the building principal,<br />

immediate supervisor, and the local association president.<br />

Informal Procedures:<br />

If an employee feels he has a grievance, he shall first discuss the matter with his<br />

supervisor, principal or other administrator, to whom he is directly responsible in<br />

an effort to resolve the problem.<br />

Formal Procedures:<br />

LEVEL ONE - <strong>School</strong> Principal, Immediate Supervisor or Other Administrator<br />

A. If an aggrieved person is not satisfied with the disposition of his problem<br />

through informal procedures, he shall submit his grievance in writing within<br />

30 days.<br />

B. A signed copy of the written grievance shall be delivered by the employee to<br />

his/her immediate supervisor.<br />

C. An employee who is not directly responsible to a building principal may<br />

submit his/her formal written grievance to the administrator or supervisor to<br />

whom he is directly responsible.<br />

Page 20


D. The administrator, within 10 days of the filing of the grievance shall render<br />

his decision in writing to the aggrieved person.<br />

LEVEL TWO - Chief Executive Officer (CEO)/Superintendent of <strong>School</strong>s<br />

A. If an aggrieved person or the Board is not satisfied with the decision<br />

concerning his grievance at Level One, or if no written decision has been<br />

rendered within 10 days, he shall, within10 days after the decision is rendered,<br />

or within 10 days after filing at level one, resubmit his grievance in writing to<br />

the chief executive officer (CEO)/superintendent of schools.<br />

B. The chief executive officer (CEO)/superintendent of schools shall within10<br />

days from the filing of the written grievance meet with the aggrieved person<br />

for the purpose of resolving the grievance. The chief executive officer<br />

(CEO)/superintendent shall, within 10 days after this meeting, render his<br />

decision in writing to the aggrieved person.<br />

LEVEL THREE - Board of Education<br />

A. If the aggrieved person or the Board is not satisfied with the disposition of the<br />

grievance at Level Two, or if no written decision has been rendered within 10<br />

days, he shall within 10 days thereafter resubmit the grievance to the business<br />

manager or the president of the Board.<br />

B. At its next meeting, or at a time mutually agreed upon by the parties, the<br />

Board or its designated agent shall hold a hearing on the grievances. The<br />

decision of the Board shall be rendered in writing within 10 days after the<br />

hearing.<br />

LEVEL FOUR<br />

If the aggrieved person is not satisfied with the disposition of the grievance at<br />

Level Three or if no written decision has been rendered within the time period<br />

set forth in the preceding paragraph, he may, within 30 days after receipt of<br />

the written decision is due, whichever is earlier, appeal to the Department of<br />

Labor, pursuant to statute. The inclusion of this paragraph in this grievance<br />

procedure shall not constitute a waiver by either party of its rights to dispute<br />

the authority of the Department of Labor to hear the appeal and/or render any<br />

particular decision.<br />

Miscellaneous:<br />

A. If, in the course of investigation of any grievance by representatives of the<br />

complainant, such investigation requires their presence in a school building;<br />

they shall report immediately to the principal of such building being visited<br />

and state the purpose of the visit.<br />

Page 21


B. Interruption of regularly assigned classes or activities shall be avoided and<br />

students shall not be included in any phase of the grievance procedure except<br />

with the mutual consent of both parties.<br />

C. Any party or parties in interest shall appear and may be represented at formal<br />

Levels One, Two and Three of the grievance procedure. Nothing in this<br />

agreement shall deny or restrict the grievant the right to have grievance<br />

adjusted with or without the involvement of the Association at all levels,<br />

provided that the adjustment of the grievance is not inconsistent with this<br />

agreement and except when the aggrieved person specifically requests the<br />

exclusion of all but the parties in interest and their respective representatives.<br />

D. If, in the judgment of the employee organization a grievance affects a group or<br />

class of employees, the organization may submit such grievance in writing to<br />

the chief executive officer (CEO)/superintendent directly and the processing<br />

of such a grievance shall be commenced at Level Two. The employee<br />

organization shall designate not more than two spokespersons for the organization<br />

in processing such a grievance through the remaining levels of the<br />

grievance procedure. Provided, however, that the employee organization shall<br />

not be permitted to file or process a grievance with respect to an incident or<br />

occurrence on which an employee or group has already initiated a grievance.<br />

E. Meetings and hearings under this procedure shall not be conducted in public<br />

and shall include such parties and only such parties in interest and their<br />

designated or selected representatives heretofore referred to in this grievance<br />

procedure. The vote on the Board's decision on Level Three grievances shall<br />

be made in open session but the name of the aggrieved party shall not be disclosed.<br />

F. When it is necessary for a party or parties in interest to attend a board meeting<br />

or a hearing called during the working day, the chief executive officer<br />

(CEO)/superintendent's office shall so notify the party or parties in interest,<br />

principals or immediate supervisor, and the party or parties in interest shall be<br />

released without loss of pay for such time as their attendance is required at<br />

such meeting or hearing.<br />

G. At all hearings conducted under this procedure, the aggrieved person and the<br />

administrative representative may call witnesses and present evidence that is<br />

relevant to the matter being considered. The Board may request that other<br />

witnesses be called for questioning by the parties.<br />

Page 22


XVI. EFFECT OF <strong>AGREEMENT</strong><br />

A. COMPLETE UNDERSTANDING<br />

1. The terms and conditions set forth in this Agreement represent the full and<br />

complete understanding between the parties. The terms and conditions may be<br />

modified only through the written mutual consent of the parties through<br />

statutorily established impasse procedures and mandatory changes in state law.<br />

B. INDIVIDUAL CONTRACTS<br />

1. The terms and conditions of this Agreement shall be reflected in individual<br />

contracts or employment agreements. The individual contract shall be in the<br />

form provided in Appendix A.<br />

C. SAVINGS CLAUSE<br />

1. Should any article, section or clause of this agreement be declared illegal by a<br />

court of competent jurisdiction, then that article, section, or clause shall be<br />

deleted from this Agreement to the extent that it violates the law. The remaining<br />

articles, sections, and clauses shall remain in full force and effect.<br />

D. TERM OF <strong>AGREEMENT</strong><br />

1. The provisions of this Agreement shall be effective as of the 15 th day of August,<br />

2013, and shall continue and remain in full force and effect as binding on the<br />

parties until the 15 th day of August, 2014, or until such time as a new agreement<br />

is reached.<br />

2. The exercise of any powers, rights, authority, duties and responsibilities by the<br />

board, the adoption of policies, rules, regulations and practices in furtherance<br />

thereof, and the use of judgment and discretion in connection therewith, shall be<br />

limited only by the express terms of this agreement and then only to the extent<br />

such limitations expressed herein are in conformance with the constitution and<br />

the provisions of the laws of the state and the constitution and laws of the<br />

United States.<br />

3. No provision in this Agreement shall be construed to prevent or prohibit the<br />

Board or the <strong>District</strong> from taking required actions under the No Child Left<br />

Behind Act of 2002 including those actions being identified for school<br />

improvement, school corrective actions or school restructuring.<br />

4. The <strong>District</strong> retains its inherent right and obligation to management, including,<br />

in the event of a pandemic disease or other natural disaster proclaimed by an<br />

official government agency, to determine the number, location, hours and types<br />

of operations; to determine what extent desired work shall be performed by<br />

employees; to establish and change work schedules and work assignments; and<br />

to lay off employees from duty for lack of work until an official notice has been<br />

proclaimed by the same government agency that the threat is no longer<br />

Page 23


apparent. Notwithstanding the foregoing, none of these inherent rights shall be<br />

used to violate the provisions of this Agreement.<br />

E. COPIES OF THE <strong>AGREEMENT</strong><br />

It is the responsibility of the Board to prepare and distribute copies of this<br />

Agreement to all teachers in the system.<br />

Thirty calendar days after both parties have ratified the Master Contract<br />

Agreement, FEA will receive a hard copy. Both FEA and the Board will have<br />

fifteen (15) calendar days to offer any possible corrections before the Final Copy<br />

will be posted on the server and made available to the teachers. The FEA<br />

President and Chief Negotiator will each receive a hard copy.<br />

This Agreement is signed this _________ day of ______________, 20__.<br />

In witness thereof:<br />

For the <strong>Faith</strong> Education Association<br />

For the <strong>School</strong> Board, <strong>Faith</strong> <strong>School</strong><br />

<strong>District</strong> # 46-2<br />

________________________<br />

PRESIDENT<br />

_________________________<br />

PRESIDENT<br />

_________________________<br />

CHIEF NEGOTIATOR<br />

_________________________<br />

BUSINESS MANAGER<br />

Page 24


APPENDIX A – TEACHER CONTRACT<br />

THIS <strong>AGREEMENT</strong>, made and entered into this ____ day of ____, 20__, by and between<br />

___________, a duly certified and qualified teacher for the State of South Dakota, hereinafter<br />

designated as “Teacher” and the <strong>School</strong> Board of <strong>Faith</strong> <strong>School</strong> <strong>District</strong> No. 46-2, Meade County,<br />

South Dakota, hereinafter designated as “<strong>District</strong>”.<br />

WITNESSETH:<br />

The Teacher agrees to teach in the public schools of the <strong>District</strong> for a term of one school year<br />

commencing on _____, 20__, and terminating on ____, 20___, and subject to the school calendar.<br />

PAYMENT BASES:<br />

ASSIGNMENT:<br />

Degree: _______________<br />

______________________________<br />

Step: _________________<br />

Basic Salary: __________<br />

That the <strong>District</strong> agrees to pay the Teacher for such services the amount of $ _____ in ____ equal<br />

monthly installments of $ _____ commencing and payable on the 25 th day of _____, 20 __ and<br />

payable for ___ months thereafter on the same day. An adjusted payment, so as to make the total<br />

of the installments equal to the annual salary will be made on the last installment. The amount of<br />

compensation hereunder shall be increased if a higher salary schedule is negotiated between the<br />

<strong>District</strong> and the Bargaining Representative, the <strong>Faith</strong> Education Association.<br />

CONTRACT RELEASE POLICY: An employee who wishes to be released from their contract<br />

on or after June 1 st of the current year shall reimburse the <strong>District</strong> $950.00. On or after July 1 st of<br />

the current year, the employee shall reimburse the <strong>District</strong> $1,950.00. Beginning on August 1 st of<br />

the current year, an employee wishing to be released from their contract shall reimburse the<br />

<strong>District</strong> $2,950.00. Due to extenuating circumstances such as illness or death, the liquidated<br />

damages clause will be nullified.<br />

All matters not specifically set forth hereunder shall be contained in the Bargaining Agreement<br />

between the <strong>District</strong> and the Bargaining Representative, the <strong>Faith</strong> Education Association.<br />

IN WITNESS WHEREOF, the <strong>District</strong>, by and through it President and Business Manager and<br />

with approval by the Board by a majority vote, has caused this contract to be executed and<br />

offered in by binding upon the parties upon execution by the Teacher and the filing of one copy in<br />

the Office of the Business Manager within fifteen (15) days of its offering.<br />

<strong>Faith</strong> <strong>School</strong> <strong>District</strong> # 46-2<br />

______________________<br />

President<br />

______________________<br />

Business Manager<br />

Accepted and executed by the undersigned, this ___ day of ____, 20 ___.<br />

________________________________________<br />

Teacher<br />

Page 25


APPENDIX B – NOTICE OF ELECTION<br />

NOTICE OF ELECTION FOR ANNUALIZED SALARY<br />

This is to notify the <strong>Faith</strong> <strong>School</strong> <strong>District</strong> 46-2 that I have elected – beginning with the current<br />

school year – to have the salary for the approximately 10-month period during which I actually perform<br />

services paid out over a 12-month period. My total annual salary is $__________ [amount].<br />

The payments should be made in [choose one]<br />

_____ 12 equal monthly payments<br />

_____ 10 equal monthly payments<br />

_____ 9 equal monthly payments<br />

In the event a separation from service occurs before the end of the 12-month payment<br />

period I have chosen, I will be entitled to an additional payment for the amount I have<br />

actually earned from the beginning of the 12-month pay period until the date of my<br />

separation from service, but which has not yet been paid. This additional payment will be<br />

included in my final paycheck. For this purpose, “separation from service” has the same<br />

meaning as that term is defined in section 1.409A-1(h) of the Treasury Regulations.<br />

This Notice is irrevocable for any particular school year, and may not be changed<br />

or withdrawn after the beginning of the school year in which I am working. This Notice<br />

will be effective for the current school year and will be reselected prior to the first pay<br />

period each subsequent year. If I choose not to have my salary deferred in any future<br />

school year and be paid only during the period that I actually perform services, I will so<br />

notify the employer in writing prior to beginning work for that school year.<br />

This notice shall have no effect if not submitted to the district prior to the time I<br />

begin working for the current school year.<br />

Signature: _____________________________________________ Date: ____________<br />

Print Name: ____________________________________________<br />

Employee ID Number: ___________________________________<br />

Page 26


APPENDIX C – EXTRA CURRICULAR CONTRACT<br />

EXTRA CURRICULAR CONTRACT 20 __-20__<br />

FAITH SCHOOL DISTRICT # 46-2<br />

It is hereby agreed by and between the Board of Education of <strong>Faith</strong> <strong>School</strong> <strong>District</strong> #46-2 of Meade County,<br />

South Dakota, and ________________ that ___ is employed for the position of __________________ for the<br />

20___-20___ school year in the <strong>Faith</strong> <strong>School</strong>.<br />

It is agreed that said employee will be remunerated at the rate of $____ to be paid in one payment of $____,<br />

minus such withholdings as is provided by law, upon completion of the extra curricular activity and inventory.<br />

To be accepted, this contract must be in the hands of the <strong>School</strong> Board on or before _______.<br />

Dated this ___ day of ____, 20__, for the 20__-20__ school year.<br />

Foregoing appointment is hereby accepted upon all of the terms and conditions therein stated.<br />

EMPLOYEE: ______________________________<br />

CHAIRMAN, BOARD OF EDUCATION: _______________________________<br />

BUSINESS MANAGER: _______________________________<br />

<strong>NEGOTIATED</strong> <strong>AGREEMENT</strong> PAGE 27


APPENDIX D – SALARY SCHEDULE<br />

FAITH SCHOOL DISTRICT #46-2<br />

SALARY SCHEDULE<br />

2013-2014<br />

BA BA + 10 BA + 20 BA + 30 MA MA + 10 MA + 20 MA + 30<br />

0 26,592 27,192 27,792 28,392 29,592 30,592 31,592 32,592<br />

1 26,982 27,582 28,182 28,782 29,982 30,982 31,982 32,982<br />

2 27,372 27,972 28,572 29,172 30,372 31,372 32,372 33,372<br />

3 27,762 28,362 28,962 29,562 30,762 31,762 32,762 33,762<br />

4 28,152 28,752 29,352 29,952 31,152 32,152 33,152 34,152<br />

5 28,542 29,142 29,742 30,342 31,542 32,542 33,542 34,542<br />

6 28,932 29,532 30,132 30,732 31,932 32,932 33,932 34,932<br />

7 29,922 30,522 31,122 32,322 33,322 34,322 35,322<br />

8 30,312 30,912 31,512 32,712 33,712 34,712 35,712<br />

9 30,702 31,302 31,902 33,102 34,102 35,102 36,102<br />

10 31,092 31,692 32,292 33,492 34,492 35,492 36,492<br />

11 32,082 32,682 33,882 34,882 35,882 36,882<br />

12 32,472 33,072 34,272 35,272 36,272 37,272<br />

13 33,462 34,662 35,662 36,662 37,662<br />

14 33,852 35,052 36,052 37,052 38,052<br />

15 34,242 35,442 36,442 37,442 38,442<br />

16 34,632 35,832 36,832 37,832 38,832<br />

17 35,022 36,222 37,222 38,222 39,222<br />

*No steps will be given for 2013-2014, but lanes will be allowed.<br />

<strong>NEGOTIATED</strong> <strong>AGREEMENT</strong> PAGE 28


APPENDIX E - EXTRACURRICULAR SALARY SCHEDULE<br />

Athletic Director 1,111.00<br />

Cross Country 1,778.00<br />

Football 2,454.00<br />

Asst. Football 1,227.00<br />

Jr. High Football 621.00<br />

Girls Basketball 2,515.00<br />

Asst. Girls Basketball 1,227.00<br />

Jr. High Girls Basketball 621.00<br />

Boys Basketball 2,515.00<br />

Asst. Boys Basketball 1,227.00<br />

Jr. High Boys Basketball 621.00<br />

Cheerleading/Drill Team 492.00<br />

Volleyball 2,333.00<br />

Asst. Volleyball 1,172.00<br />

Jr. High Volleyball 621.00<br />

Student Council Advisor 657.00<br />

Head Track 2,525.00<br />

Asst. Track 1,010.00<br />

Destination Imagination 492.00<br />

Oral Interp 328.00<br />

Annual Advisor 1,172.00<br />

Quiz Bowl 328.00<br />

<strong>NEGOTIATED</strong> <strong>AGREEMENT</strong> PAGE 29


APPENDIX F CAFETERIA PLAN ARRANGEMENT<br />

(SUPPORTING PLAN DOCUMENT SECTION 125 CAFETERIA PLAN ARRANGEMENT<br />

EMPLOYEE HEALTH AND WELFARE BENEFIT PLAN)<br />

This Supporting Plan Document sets out the provisions of the Cafeteria Plan Arrangement for the <strong>Faith</strong> <strong>School</strong><br />

<strong>District</strong> #46-2 Employee Health and Welfare Benefit Plan as effective 9/1/89.<br />

The purpose of the Cafeteria Plan Arrangement is to provide the Plan holder and eligible employee a method of<br />

choice between compensation or additional premium payments by Plan holder for benefits under the Welfare<br />

Plan.<br />

The purpose of this Cafeteria Plan Arrangement is intended to qualify as a Cafeteria Plan under Internal<br />

Revenue Code Section 125, as amended, and is to be interpreted in accordance with the requirements of the<br />

provision.<br />

Neither the Administrator nor the Planholder make any guarantee that amounts paid for the benefit of any<br />

Participating Employee are excluded from the Participating Employee’s income for federal or state income tax<br />

purposes, or from wages for FICA purposes.<br />

Upon adoption of this supporting Plan Document for the Cafeteria Plan Arrangement, Planholder will promptly<br />

notify all employees of its existence and eligibility requirements, and of the terms of the Cafeteria Plan<br />

Arrangement.<br />

The Planholder specifically reserves the right and authority to amend the provisions of this Supporting<br />

Document for the Cafeteria Plan Arrangement to the extent and in the manner that the Planholder deems<br />

advisable, by written amendment signed by <strong>Faith</strong> <strong>School</strong> <strong>District</strong> # 46-2. In addition, the Planholder specifically<br />

reserves the right and authority to terminate this Cafeteria Plan Arrangement. Participating Employees must be<br />

given 30 days advance notice in the event of such termination.<br />

I. DEFINITION OF TERMS<br />

A. WELFARE PLAN: The <strong>Faith</strong> <strong>District</strong> #46-2 Employee Health and Welfare Benefit Plan.<br />

B. CAFETERIA PLAN ARRANGEMENT: The Section 125 Cafeteria Plan Arrangement established by<br />

this Supporting Plan Document.<br />

C. PLANHOLDER: <strong>Faith</strong> <strong>School</strong> <strong>District</strong> #46-2, the employer establishing this Section125 Cafeteria Plan<br />

Arrangement.<br />

D. PLANHOLDER’S BUSINESS ADDRESS: Box 619<br />

<strong>Faith</strong>, S.D.57626<br />

E. PLAN YEAR: The date that the Cafeteria plan arrangement begins up to the date of the next following<br />

year.<br />

F. PLAN ANNIVERSARY: The date that the Cafeteria plan Arrangement begins in any calendar year.<br />

G. DESCRIPTION OF WELFARE PLAN BENEFITS AND COVERAGE PERIODS: See attached policy<br />

(ies) Welfare Plan Document (s).<br />

H. INSURED BENEFITS UNDERWRITTEN BY: SDSDBF<br />

PO BOX 1059<br />

PIERRE, SD 57501<br />

I. ADMINISTRATOR: The Planholder or any other person or committee, which may be appointed by the<br />

Planholder to supervise the administration of the Cafeteria Plan Arrangement.<br />

J. PARTICIPATING EMPLOYEE ELIGIBILITY: All permanent employees regularly scheduled to work<br />

20 hours or more per week.<br />

<strong>NEGOTIATED</strong> <strong>AGREEMENT</strong> PAGE 30


II. EFFECTIVE DATE:<br />

A. The effective date of this Supporting Document for those employees eligible on that date.<br />

B. The date following Eligibility, but coinciding with satisfaction of eligibility requirements under the<br />

Welfare Plan for those employees who become eligible subsequent to the effective date of this<br />

Supporting Document Cafeteria Plan Arrangement.<br />

III. TERMINATION DATE: termination of participating in the Cafeteria Plan Arrangement shall be the earlier<br />

of:<br />

A. The date the Participating Employee (an employee participating in the Cafeteria Plan Arrangement)<br />

terminates employment; or<br />

B. The date the Participating Employee no longer meets the Eligibility requirements; or<br />

C. The date the Participating Employee is placed on lay-off or an approved leave of absence; or<br />

D. The date the Participating Employee retires; or<br />

E. The date this Cafeteria Plan Arrangement is terminated.<br />

IV. ADMINISTRATION: The administrator shall supervise the administration of the Cafeteria Plan<br />

Arrangement to see that it is carried out, in accordance with its terms, for the exclusive benefit of employees<br />

eligible to participate, without discrimination. The Plan Administrator has the power and authority to administer<br />

the Cafeteria Plan Arrangement, subject to its terms and to the requirements of applicable Laws. The powers of<br />

the Administrator include, but are not limited to, the following:<br />

A. To establish and enforce such procedures and regulations necessary for the administration of the<br />

Cafeteria Plan Arrangement, or as may be required by;<br />

B. To interpret and determine questions concerning the Cafeteria Plan Arrangement, including the<br />

eligibility of any employee to participate;<br />

C. To establish and maintain such records as are necessary to properly administer the Cafeteria Plan<br />

Arrangement, for examination at reasonable times during normal business hours.<br />

The Administrator shall at all times exercise and act under the power and authority granted by the Cafeteria<br />

Plan Arrangement in a manner that is nondiscriminatory.<br />

V. FUNDING:<br />

A. Prior to the beginning of each Plan Year, the Planholder shall determine that portion of the monthly<br />

Welfare Plan premium contribution to make on behalf of each employee participating in the Welfare<br />

Plan. Such contributions shall be considered non-elective contributions. Any such contributions<br />

made by the Planholder is fixed in amount, irrespective of what election is made by a Participation<br />

Employee in item VI. B below.<br />

B. The excess of monthly Welfare Plan premium over the amount contributed on behalf of each<br />

employee by the Planholder will be made by each employee participating in the plan. Participating<br />

employees may elect, prior to September 1 of each year to have their portion of the monthly Welfare<br />

Plan contribution:<br />

1. Contributed to the Welfare Plan on a pre-tax basis, through the Cafeteria Plan Arrangement,<br />

from a corresponding reduction in salary (contributions made in this fashion are considered<br />

employer, non-elective contributions) or<br />

2. Contributed to the Welfare Plan by payroll deduction on an after-tax basis. If this Method of<br />

funding is elected by participating employees, an amount equal to the excess of the monthly<br />

Welfare Plan premium over the amount contributed by the Planholder on behalf of each<br />

Participating Employee (as set out in A. and B.1.) will be included in the employee’s taxable<br />

gross pay.<br />

<strong>NEGOTIATED</strong> <strong>AGREEMENT</strong> PAGE 31


C. All contributions by the Planholder (as set out in A. and B.) will be available to Participating<br />

Employees solely to purchase benefits under the Welfare Plan. The contribution by the Planholder<br />

will not exceed the cost of such benefits for any Participating Employee.<br />

D. If a Participating Employee terminates as set out in section III. Above, the employee shall forfeit all<br />

unused contributions made up to the date of termination<br />

VI.<br />

BENEFIT ELECTIONS:<br />

A. Participating Employee make benefit elections prior to the beginning of each Plan Year. These<br />

elections remain in effect until the end of that Plan Year. Employees may change elections prior to<br />

the beginning of each subsequent Plan Year.<br />

B. Employees may change benefit elections during the Plan Year only as a result of a change in the<br />

employee’s family status. Change in family status includes: birth, adoption, divorce, marriage, death<br />

or termination of spouse’s employment.<br />

C. Election under the Cafeteria Plan Arrangement are made on the form(s) provided, by the<br />

Administrator for making elections, which shall be distributed within 15 days prior to the beginning<br />

of each Plan Year to all current participants and to employees expected to be eligible to participate at<br />

the beginning of each Plan Year.<br />

D. Said elections are to be made in the manner described on the form(s) so provided, which must be<br />

completed and returned to the administrator prior to the beginning of each Plan Year.<br />

E. Elections under the Cafeteria Plan Arrangement for employees who become eligible to participate<br />

during any Plan Year shall be made in the manner described on the form(s) provided for making said<br />

elections by the Administrator, and shall be made prior to the start of the first payroll period for<br />

which salary reduction elections are effective.<br />

F. Elections made under this Cafeteria Plan Arrangement will terminate upon the date on which an<br />

employee ceases to be a Participating Employee or eligible to participate, event through coverage or<br />

benefits under the Welfare Plan may continue to the extent provided in the Welfare Benefit Plan<br />

and/or by law.<br />

Participating Employees are required to provide the Plan holder and/or the Administrator any information, and<br />

to sign such document, as may reasonably be required for the proper administration of the Cafeteria Plan<br />

Arrangement.<br />

This Cafeteria Plan Arrangement will be constructed, administered and enforced according to the laws of South<br />

Dakota.<br />

IN WITNESS THEREOF, The Planholder has caused this Cafeteria Plan Arrangement to be executed in its<br />

name and behalf on this 1 st day of Sept. 1989, by its duly authorized officer.<br />

Name: _____________________________<br />

Signature: __________________________<br />

Title: _____________________________<br />

<strong>NEGOTIATED</strong> <strong>AGREEMENT</strong> PAGE 32

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