NEGOTIATED AGREEMENT - Faith School District
NEGOTIATED AGREEMENT - Faith School District
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 />
Page 4
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 />
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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 />
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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 />
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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