COLLECTIVE BARGAINING AGREEMENT
KEYPORT BOARD OF EDUCATION
KEYPORT EDUCATION ASSOCIATION
table of contents
ARTICLE I - RECOGNITION…………………………………………………………. 1
ARTICLE II - SCOPE OF NEGOTIATIONS………………………………………….. 1
ARTICLE III - GRIEVANCE PROCEDURE………………………………………….. 1
ARTICLE IV - ARBITRATION……………………………………………………….. 3
ARTICLE V - ASSOCIATION RIGHTS AND PRIVILEGES……………………….. 4
ARTICLE VI -SCHOOL CALENDAR………………………………………………… 5
ARTICLE VII - TEACHING DAY…………………………………………………….. 5
ARTICLE VIII - FLEXIBLE SCHEDULES…………………………………………… 8
ARTICLE IX - SALARIES……………………………………………………………... 9
ARTICLE X - TEACHER ASSIGNMENT…………………………………………….. 10
ARTICLE XI - VOLUNTARY TRANSFERS AND REASSIGNMENTS……………. 10
ARTICLE XII - PROMOTIONS………………………………………………………... 11
ARTICLE XIII - EMPLOYEE EVALUATION………………………………………... 11
ARTICLE XIV - PRESENTATIONS AT BOARD MEETINGS…………………….. . 12
ARTICLE XV - SICK LEAVE…………………………………………………………. 12
ARTICLE XVI - TEMPORARY LEAVES OF ABSENCE…………………………… 13
ARTICLE XVII - EXTENDED LEAVES OF ABSENCE…………………………….. 16
ARTICLE XVIII - SUBSTITUTES…………………………………………………….. 17
ARTICLE XIX - INSURANCE PROTECTION……………………………………….. 17
ARTICLE XX - DEDUCTIONS FROM SALARY…………………………………….. 18
ARTICLE XXI - MISCELLANEOUS PROVISIONS………………………………… 19
ARTICLE XXII - SAVINGS CLAUSE………………………..………………………. 19
ARTICLE XXIII - COMPLAINT PROCEDURE…………….……………………….. 19
ARTICLE XXIV - TEACHER LATENESS………….……….………………………. 20
ARTICLE XXV - PROFESSIONAL IMPROVEMENT………………………………. 21
ARTICLE XXVI - DURATION OF AGREEMENT………..…………………………. 21
THIS AGREEMENT is entered into this ______day of __________, by and between the Board of Education of Keyport, the Borough of Keyport, New Jersey, hereinafter called the "Board", and the Keyport Education Association, hereinafter called the "Association."
ARTICLE I - RECOGNITION
The Board agrees to and hereby does recognize the Keyport Education Association as the exclusive negotiating representative pursuant to Chapter 123 of the Laws of 1974 for all full-time and part-time certificated employees and coaches under this contract, but excluding substitute teachers, the superintendent of schools, business administrator and certificated personnel represented by other professional associations.
ARTICLE II - SCOPE OF NEGOTIATIONS
ARTICLE III - GRIEVANCE PROCEDURE
2. The term grievance shall not apply to the following:
1. A grievance shall mean a claim by a member of the bargaining unit or the Association based upon the interpretation, application, or violation of this Agreement, policies or administrative decisions affecting a member or group of members of the bargaining unit.
b. any rule or regulation of the State Commissioner of Education or the State Board of Education having the force and effect of law,
a. any matter wherein the Board is precluded by law from granting the relief sought,
c. any matter which is demonstrated by law to be exclusively within the discretion of the Board,
4. Grievant shall mean an employee believing to have been or to be aggrieved.
3. Nothing in the above definition of the word grievance shall preclude more than one employee from joining with other employees in the presentation of a single grievance, provided that the alleged grievance arises out of facts similar in substance and circumstances and that each employee joining in the presentation of a single grievance is similarly affected.
d. any matter for which a method of review is otherwise specifically prescribed by law, i.e., tenure and increment reviews.
5. Employee shall mean a certificated employee within the negotiating unit.
1. A grievance to be considered under this procedure must be initiated within fifteen (15) school days from the time when the grievant knew or should have reasonably known of its occurrence. Failure to act within the specified fifteen (15) day period shall be deemed to constitute an abandonment of the grievance.
2. A grievant shall have the right to present and process his/her own grievance or to designate a representative to appear on his/her behalf.
3. Unless mutually agreed upon between the parties, no grievance shall be processed at a time when the grievant has regularly assigned duties.
b. the remedy sought.
1. A grievant may initially discuss the matter, identified as a grievance, with his/her principal in an attempt to settle the grievance informally. This is not intended to extend the time limitation as set forth in section B, subsection 1 (but does not constitute the filing of a grievance).
2. A grievant may file a grievance in writing by presenting the written grievance to his/her principal and forwarding copies to the superintendent. The written grievance shall identify:
a. the contract provision, policy, administrative decision, or practice being grieved;
D. Meetings and Hearings
3. The grievant and his/her principal shall meet in an attempt the resolve the grievance not later than five (5) school days following the date on which it is filed.
4. The principal shall communicate his/her decision in writing to the grievant not later than five (5) school days following their meeting. A copy of the decision shall also be forwarded, at the same time, to the superintendent.
5. If the grievance has not been resolved at Steps 3 and 4 of the procedure, the grievant may request a meeting with the superintendent. If the grievant requests a meeting with the superintendent, the request shall be made in writing no later than five (5) school days following the principal's decision. This written request must be accompanied by a written account describing the basis for the grievant's dissatisfaction with the principal's decision.
6. The grievant and the superintendent shall meet in an attempt to resolve the grievance not later than five (5) school days following the date on which the meeting was requested.
7. The superintendent shall communicate his/her decision in writing to the grievant not later than ten (10) school days following their meeting.
8. If the grievance has not been resolved at Steps 5, 6, and 7 of the procedure, the grievant may request a hearing with the Board or its representatives. The request shall be made in writing not later than five (5) school days following the superintendent's decision. This written request must be accompanied by a written account describing the basis for the grievant's dissatisfaction with the superintendent's decision.
9. The grievant and the Board or its representatives shall meet in an attempt to resolve the grievance not later than ten (10) school days following the date on which the hearing was requested. The grievant may have up to three representatives present when his/her grievance is reviewed by the Board or its representatives.
10. The Board shall communicate its decision in writing to the grievant not later than fifteen (15) school days following the hearing.
11. Should the Association decide that based on the Board's decision, the grievance is satisfactorily adjusted, then the Board's decision shall be binding on all parties.
All meetings and hearings under this proposal shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives, heretofore referred to in this article.
ARTICLE IV - ARBITRATION
A. Should the Association be dissatisfied with the decision on the grievance rendered by the Board, and if the decision involves the interpretation or application of any provision of this agreement, the Association may by a written and dated notice to the Board not later than ten (10) school days following the rendering of the Board's decision, refer the grievance to binding arbitration.
B. Within fifteen (15) school days following referral of the grievance to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, either party may request a list of arbitrators from the New Jersey Public Employment Relations Commission. The parties shall then be bound by the rules and procedures of the New Jersey Public Employment Relations Commission in the selection of an arbitrator.
C. The arbitrator shall issue his/her decision not later than thirty (30) days from the date of the closing of the hearings or, if oral hearings have been waived, then from the date of transmitting the final statements and proofs to the arbitrator. The decision shall be in writing and shall set forth the arbitrator's opinion and conclusions on the issues submitted. The arbitrator shall limit his/her decision strictly to the application and interpretation of the provisions of this Agreement, and he/she shall be without power or authority to make any decision:
2. involving Board policy or practice under the provisions of this Agreement, or under applicable law, except that he/she may decide in a particular case that Board policy, practice or administrative decision was disregarded, or that its attempted application under any term of this agreement was so discriminatory, arbitrary, or capricious as to constitute an abuse of discretion,
1. contrary to, or inconsistent with, or modifying, or varying in any way, the terms of this Agreement, or of applicable law, or rules or regulations having the force and effect of law,
D. The arbitrator's fee will be shared equally by the parties to the dispute.
3. limiting or interfering in any way with the powers, duties and responsibilities of the Board under applicable law, and rules and regulations having the force and effect of law.
E. The filing or pendency of any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the Board to take the action complained of, subject, however, to the final decision on the grievance.
ARTICLE V - ASSOCIATION RIGHTS AND PRIVILEGES
A. There shall be upon request of either the Board or Association a mutual exchange of available financial information relating to the resources of the school district and any other available information that may be helpful in resolving problems of mutual concern.
B. Should the Association request the use of a school room to transact official Association business, such request will be granted provided:
2. the room is available for the date requested.
1. the request is made in writing to the building principal at least three (3) days before its intended use, except in cases of emergency.
C. Should the Association request the use of a school room to transact official Association business during the evening hours, the Association must make application for such use through the office of the secretary to the Board. Such requests will be handled in accordance with Board policy and in the same manner as all other requests for use of school rooms.
D. The Association shall have the right to use a bulletin board in each faculty room. The Association agrees that the use of such bulletin board will be restricted to Association notices of coming events and informational materials such as available scholarships, fellowships, insurance programs, credit programs, and related matters.
E. The Association may use the inter-school mail facilities and school mail boxes as it deems necessary, with approval of the building principal.
F. Any employee who is required to attend a hearing or informal appearance scheduled before the superintendent of schools, the Board of Education or a committee of the Board of Education, and who has reasonable expectations that discipline will be imposed as a result thereof, shall have the right to representation at that hearing.
G. In the 2006-07 school year, the Association President shall receive one (1) duty period release time per week for Association business, and for the 2007-08 school year two (2) duty periods release time per week for Association business.
ARTICLE VI - SCHOOL CALENDAR
A. The proposed school calendar for the year shall be compiled by the superintendent who may, at his/her discretion, request the advice of the Association. The length of the school year, in no event, shall exceed the following: 183 days for students, 187 days for staff, 188 days for new teachers.
B. Should the superintendent personally compile the proposed school calendar he/she shall, prior to submitting it to the Board, provide the president of the Association with a copy of the proposed calendar. Should the Association wish to suggest changes in the proposed calendar as compiled by the superintendent, the president of the Association shall provide the superintendent with such suggested changes in writing within two school weeks immediately following receipt of the proposed calendar from the superintendent.
C. The proposed calendar as compiled by the superintendent, along with any suggested changes recommended by the Association, shall be submitted to the Board for its approval or rejection. Should the Board not approve the calendar as proposed by the superintendent or refuse to adopt a calendar with suggested changes as recommended by the Association, such action by the Board shall not constitute or be the basis for the processing of a grievance. It is understood that final authority for adoption of a school calendar rests with the Board.
ARTICLE VII - TEACHING DAY
A. Each teacher is required to initial an attendance chart when he/she arrives at school in the morning and when he/she leaves after the school days ends.
B. Effective the 1995-96 school year, the length of the work day shall not exceed six (6) hours and fifty-two (52) minutes.
1. Effective the 1995-96 school year, the bell schedule shall be modified to create a block of time at the end of the work day, consisting of thirty (30) minutes at the Central School and the High School. All coaches and advisors for co-curricular positions may begin their respective jobs five minutes after students are dismissed with a provision that this time must be made up within the week that this option is exercised. Time to be made up can be done in the morning before school or after school and is to be documented with and monitored by the Building Principal.
b) The time shall not be used to schedule additional classes or for the assignment of clubs, detention, or duty assignment.
2. Each of the aforementioned blocks of time created shall be subject to the following limitations:
a) The time shall not be scheduled on Fridays, evening conferences, or on the day immediately preceding a holiday or vacation so designated on the school calendar adopted by the Board pursuant to Article VI; provided that teachers on Fridays, evening conferences, and on the day immediately preceding designated holiday(s) and vacation(s) shall be dismissed five minutes after the end of the pupil day.
3. The school day for teachers shall be as follows:
a. For grades Pre-K to seven, exclusive of extra-curricular activities, shall commence ten (10) minutes before and thirty (30) minutes after a school day, except on days of faculty meetings, and as provided at B.2.a and B.5 of this Article. The Central School student day shall be as set forth below:
b. For grades eight to twelve, teachers, exclusive of extra-curricular activities, the student day shall commence at 7:45 a.m. and end at 2:34
1) For grades Pre-K to seven, teachers, exclusive of extra-curricular activities, shall commence at 8:25 a.m. and end at 3:17 p.m. except on days of faculty meetings and as provided at B.2.a and B.5 of this Article.
p .m. except on days of faculty meetings and as provided at B.2.a and B.5 of this Article.
The parties further agree that the Board has the ability to change the beginning time of the day +/- fifteen minutes, provided that the overall length of the day shall not be increased and accordingly any increase or decrease in the day will be reflected by a comparable increase or decrease at the end of the day.
C. For grades Pre-K through 12 - The workday shall be defined as follows:
4. To implement the block of time identified at paragraphs B.1 and B.2 of this
Article, teacher sign-out time shall be:
a. Grades Pre-K to seven - 3:17 p.m.
b. Grades eight to twelve - 2:34 p.m.
5. The Board shall have the right to establish flexible schedules to permit the scheduling of classes for the Alternative Education Program outside of the regular school day, subject to the following limits:
a. Teachers assigned to such flexible schedules shall have a workday of the same duration as teachers on the regular schedule.
b. Flexible schedule assignments shall not begin more than one-half (1/2) hour before the start of the regular school day nor end more than one (1) hour after the end of the regular school day.
c. The flexible schedule shall be staffed with volunteers; provided, however, that the Board shall be able to make involuntary assignments in the absence of sufficient qualified applicants.
d. The flexible schedule assignment shall be for a full school year unless an individual is evaluated out of the program or there is consent for reassignment.
1) Individuals wishing to volunteer shall give written notice by May 1 and assignments shall be announced by the end of the school year.
The parties further agree that as to the language set forth at C.1 and 2 concerning the length of the period and duration of a period, that these provisions do not apply to lunch periods.
1. No period shall be less than 40 minutes nor more than 46 minutes in duration.
2. Each period shall be the same length of duration. At the high school, the day shall be scheduled to include a five (5) minute homeroom, retaining all teaching periods at the same number of minutes and no increase in the length of day.
3. In the event a seven period day is adopted by the Board, there can be a maximum of six teaching periods and a minimum of one duty-free preparation period per day for each teacher. In the event an eight period day is adopted by the Board, there can be a maximum of seven teaching periods and a minimum of one duty-free preparation period per day for each teacher.
D. In the event the Board adopts a seven period day, and a teacher is assigned a sixth teaching period, he/she shall be compensated as follows:
In the event the Board adopts an eight period day, and a teacher is assigned a seventh teaching period, he/she shall be compensated as follows:
E. It shall be the duty of each teacher, should an emergency occur, to remain longer than the specified number of minutes after the student day ends.
F. 1. Each teacher shall have a daily thirty (30) minute duty-free lunch period.
2. Duty periods shall be considered as work periods.
G. Teachers may be required to report to their assigned schools during the evening hours three times each school year for activities such as "back to school night," etc. In return for services rendered on such occasions, teachers shall be granted compensatory released time for such day (i.e., a half-day before a holiday).
H. Duty free preparation periods shall be provided to teachers in grades Pre-K through twelve as follows:
In addition to the preparation of lesson plans and the correction of student work, preparation periods may be utilized for other educational useful activities, such as IEP meetings and other meetings related to special education requirements. In the event a teacher agrees to use his/her preparation period for such meetings, the teacher may end his/her day that same day at the end of the student day. In no event shall a teacher be required to forego his/her preparation period, except as provided by Article XVIII (Substitutes).
|Number of Periods Taught||
Number of Preparation Periods
|5 or more||
Other non-teaching certified staff members will not have entitlement to the aforecited duty free preparation periods, but in lieu thereof shall be provided with two twenty minute duty free periods per day, scheduled with the approval of the Building Principal. The loss due to emergency circumstances of any such time shall not be compensated monetarily but the non-teaching certified staff member may end his/her day that same day at the end of the student day.
I. Faculty meetings for employees, each meeting no more than sixty (60) minutes beyond the end of the school day, may be scheduled up to ten (10) times per year; five (5) general meetings and five (5) departmental or grade level meetings.
1. Employees shall not be required to attend more than one meeting per month except in September, when employees may be required to attend one (1) general meeting and one (1) departmental or grade level meeting.
2. There will be no additional compensation or release time granted for these ten (10) meetings.
3. It is understood that final authority for the agenda and for determining who shall be in attendance at faculty meetings rests with the building principal.
4. Written notice of faculty meetings shall be given at least two weeks in advance and agendas shall be posted and provided for meeting participants at least one week prior to a meeting. Agenda items suggested by staff will be considered when feasible.
ARTICLE VIII - FLEXIBLE SCHEDULES
The Board shall have the right to establish flexible schedules to permit an additional period at the beginning of the school day or at the end of the school day, subject to the following limits:
a) Teachers assigned to such flexible schedules shall have a work day of the same duration as teachers on the regular schedule.
b) The flexible schedule shall be staffed with volunteers. Individuals wishing to volunteer shall give written notice by May 1, and assignments shall be announced by the end of the school year.
c) The flexible schedule assignment shall be for a full school year unless an individual is evaluated out of the program or there is mutual consent for reassignment to the regular school day.
ARTICLE IX – SALARIES
A. The salaries of all teachers covered by this agreement are set forth in Schedule A which is attached hereto and made part hereof.B.
In accordance with Article XIX – Insurance Protection, Pages 16 and 17, the Board agrees to deduct an equal amount from each salary installment, September through June twenty (20) installments, for the employee portion of the 12-month insurance premiums relating to dental and prescription insurance. The premium costs associated with the months of July and August each year will be deducted September to June of the following school year provided that in the event an employee resigns, retires or dies before the full amount of the premium due has been paid, the balance of the premium that remains due shall be deducted from the employee’s final salary installment, and further, provided that in the event an employee resigns or retires between June 30 and September 30, the employee must remit the amount of the co-pay with the notice of resignation or retirement, or as soon thereafter as necessary for coverage to continue. The amount of the deduction may vary between employees dependent upon start of employment and insurance coverage.
1. Teachers employed on a ten (10) month basis shall be paid in twenty (20) equal semi-monthly installments.
C. Teachers may, at their option, have deducted from their salaries a specified amount to be paid into their accounts in the Monmouth-Ocean County Teachers Federal Credit Union.
2. When a pay day falls on or during a school holiday, vacation or weekend, teachers shall receive their paychecks on the last previous working day.
3. Teachers shall receive their final checks and the pay schedule for the following year on the last working day in June.
4. The Board agrees to offer a summer payment.
D. Veterans shall be allowed full credit for each full year of military service up to and including four years.
E. The above provisions shall apply to teachers who hold emergency, provisional, limited, or permanent certificate and to properly certified school nurses.
F. Any employee hired after July 1, 1982, who has worked more than eight (8) months in a public school within one school year, shall be credited with a year's experience.
G. In determining the starting salary, a newly hired teacher may be credited with up to eight full years' previous school experience including military service. No newly hired staff member without public school experience shall be placed beyond step 5 on the salary guide. The Superintendent shall have discretion to exceed this limitation for critical areas of hire with consultation and agreement of the Association President. The above maximum years of previous service allowance may be waived for sound reasons that may be beneficial to the Keyport School System.
H. Annual increments may be withheld by the Board as provided by statute.
I. No adjustments in salary shall be made due to change in degree status after October 1 of the current year. Proof of changes of degree status must be submitted to the superintendent as of that date.
J. Teachers hired prior to January 1, 1990, who are employed under the provisions of Chapter 46, and the Learning Disability Specialist shall receive $200 above the proper step on the guide.
K. Part-time teachers shall be paid the appropriate fractional portion of the base salary to which they are entitled. The fraction shall be arrived at as follows:
L. The compensation for curriculum work outside of school hours and home instruction shall be $35.00 per hour.
Numerator = number of teaching periods plus preparation entitlement as outlined in Paragraph H of Article VII Denominator = eight (8)
ARTICLE X - TEACHER ASSIGNMENT
All teachers shall be notified of their class, subject, and building assignment for the next school year prior to the end of the current school year.
In the event that changes in class, subject, and/or building assignments are proposed, the teachers affected shall be notified as soon as practicable. At the request of the teacher, the reassignment will be reviewed between the teacher and the building principal. If not satisfied with the principal's answer, the teacher may request a meeting with the superintendent.
It is understood that the Board and the administration have the right to make all classroom, subject and building assignments.
ARTICLE XI - VOLUNTARY TRANSFERS AND REASSIGNMENTS
A. 1. The superintendent will have posted in all school buildings a list of the known vacancies that occur for the following school year.
B. All requests for voluntary reassignment and/or transfer will be honored to the extent that the requests do not conflict, in the opinion of the superintendent, with the instructional requirements and best interests of the school system. If more than one teacher has requested the same position, the position will be granted to the teacher who possesses the requirements for the position and who, in the opinion of the superintendent, will best serve the interest of the school system.
2. A teacher who desires a change in grade, subject assignment and/or building, may submit to the superintendent a written statement of his/her intentions with a copy to his/her building principal not later than March 15. The Building Principal's recommendation shall accompany the teacher's written statement and be forwarded to the Superintendent within five days of his/her receipt of the teacher's request.
3. In the event a vacancy occurs after March 15, for the following school year, a teacher may submit his/her written request to be transferred to that vacancy to the Building Principal within fourteen days after proper posting of the vacancy. The Building Principal's recommendation shall accompany the teacher's written statement and be forwarded to the Superintendent within 5 days of his/her receipt of the teacher's request.
ARTICLE XII - PROMOTIONS
The Board agrees to have posted in each school all promotional positions as soon as practicable after such positions become available.
ARTICLE XIII – EMPLOYEE EVALUATION
A. Staff members shall be evaluated consistent with the New Jersey Administrative Code.B. All tenured staff members shall be formally observed by an appropriately certified supervisor at least one (1) time in each school year.
C. All non-tenured staff members shall be formally observed by an appropriately certified supervisor at least three (3) times in each school year.
D. Each observation shall be followed within a reasonable period of time, but in no case more than ten (10) days, by a conference between the supervisory staff member who has made the observation and written evaluation and the staff member.
E. Observation reports shall be presented to each staff member in accordance with the following procedures
1. Such reports shall be in written form and shall include:
a. strengths of the staff member;
b. suggestions as to measures which the staff member might take to improve his/her performance in each of the areas wherein weaknesses, if any, have been indicated;
c. any other data or information the observer deems appropriate.
F. A staff member shall be evaluated at least once annually. The procedure will include an annual summary conference between the supervisor and staff member prior to a written performance report. The conference shall include, but not be limited to:
G. The annual written performance report shall be prepared by a certified supervisor who has participated in the evaluation of the staff member and shall include, but not be limited to:
1. A review of the performance of the staff member based upon the job description;
2. A review of the staff member’s progress towards the objectives of the individual professional improvement plan developed at the previous annual conference;
3. A review of the available indicators of pupil progress and growth toward the program objectives; and
4. A review of the annual written performance report and the signing of said report within five (5) working days of the review.
a. performance areas of strength;
b. performance areas needing improvement based upon the job description;
c. an individual professional improvement plan developed by the supervisor and teaching staff member;
d. a summary of available indicators of pupil progress and growth, and a statement of how these indicators relate to the effectiveness of the overall program and the performance of the individual teaching staff member; and
e. provisions for performance data which have not been included in the report prepared by the supervisor to be entered into the record by the evaluator within 10 working days after the signing of the report.
ARTICLE XIV - PRESENTATIONS AT BOARD MEETINGS
A. Association volunteers who wish to make a presentation at a Board meeting shall submit a written synopsis of the presentation to the Superintendent and their immediate Supervisor for approval.
B. During the presentation, questioning will be limited to the Board members.
C. Compensation for staff members presenting will be determined by adding together one period of class coverage time for preparing the presentation and one period of class coverage time for the presentation at the Board meeting. The rate of pay for presenters shall be the same as that for class coverage, that is, one-tenth (1/10th ) of one percent (1%) of the BA base salary per class period.
ARTICLE XV - SICK LEAVE
A. All persons holding any office, position or employment in all school districts, regional school districts or county vocational schools of the State who are steadily employed by the Board or who are protected in their office, position or employment under the provisions of sections 18A:28-4, 18A:28-5, 18A:28-6, 18A:28-6.1, 18A:28-9, 18A:28-10, 18A:28-11, 18A:28-12, 18A:28-13, 18A:28-15, 18A:6-10 of the Revised Statutes or under any other law shall be allowed sick leave with full pay for a minimum of ten (10) school days in any school year. If any such person requires in any school year fewer than this specified number of days sick leave with pay allowed, all days of such leave not utilized that year shall be accumulative to be used for additional sick leave as needed in subsequent years.
B. Sick leave is hereby defined to mean an employee's absence from his/her post of duty because of personal disability due to illness or injury, or because he/she has been excluded from school by the school district's medical authorities on account of a contagious disease or of being quarantined for such a disease in his/her immediate household.
C. In case of sick leave claimed for a period of three days or more, it is required that a physician's certificate be filed with the Secretary of the Board upon return to work.
D. The superintendent may request a physician's certificate be filed with him/her for absence claimed for a period of fewer than the three days, as provided in section B. above.
E. When absence, as set forth in section B of this Article exceeds the annual leave and the accumulated leave, the Board may, upon written request, pay any employee with three years or more service in Keyport, one day’s salary, less the salary of a substitute, for each year's service over three years. This may not exceed ten (10) days in any one school year. A day's salary is defined as 1/200th of the annual salary.
F. The Board may at its discretion grant additional sick leave.
G. The Board shall provide a list accounting the accumulated sick leave days and personal days for each teacher during the month of September of each school year.
H. 1. Any employee who has completed a minimum of ten years in Keyport School System and retires or terminates employment with the Board for any reason other than the result of charges brought by the Board, and if appealed and sustained by the Commissioner of Education, shall be paid $35.00 per day in 2005-06, $35.00 in 2006-07 and $40.00 in 2007-08 for all accumulated sick days for all employees with a cap of two hundred (200) days on all employees hired after June 30, 1988.
2. It is understood that this is not to be considered a death benefit and will not be paid to the heirs of those persons whose death occurs during the course of their employment with the Board of Education.
I. All employees who are not affected by Paragraph H. but who are terminated (RIF) by the Board shall be paid $35.00 per day in 2005-06, $35.00 in 2006-07 and $40.00 in 2007-08 for each day of accumulated sick leave.
ARTICLE XVI - TEMPORARY LEAVES OF ABSENCE
Teachers shall be entitled to the following temporary, nonaccumulative leaves of absence with full pay each school year.
A. Leaves of Absence for Personal Business
B. Professional Days
Three days leave of absence for personal business requiring absence during school hours may be granted. The following guidelines shall be followed for the use of these days:
1. the granting of personal leave shall be limited to two teachers on any given day in each building;
2. application for personal leave shall be made at least two (2) days before taking such leave (except in the case of emergencies).
3. the applicant shall be required to state the reason for taking such leave in the following cases:
4. unused personal days shall be added to accumulated sick leave at the end of each school year.
2. The following restrictions apply to the granting of professional days:
1. The Board will allow each teacher one professional day per year, not accumulative, for the following purposes:
a. to visit other schools in New Jersey in the subject field in which the teacher is teaching for the purpose of the improvement of instruction; out of state visitation will be considered based on the program to be observed and the distance from Keyport;
b. to attend a professional conference in his/her subject area.
C. Time Necessary for Appearance in Legal Proceedings
D. Compassionate Leave
Time necessary for appearance in any legal proceeding which arises out of or in the course of the teacher's employment, or in any other legal proceeding if the teacher is required by law to attend.
E. Educational Leave
1. Up to five (5) days at any one time shall be granted in the event of death of a teacher's spouse, child, parent, brother, sister, mother-in-law, father-in-law, grandparents, grandchildren or any other member of the teacher's family living within the teacher's household.
2. Up to two (2) days at any one time shall be granted in the event of the death of a teacher’s step-parent or step-child.
3. Up to a maximum of two (2) days during the school year shall be granted for serious illness of a teacher's spouse, child, parent, grandparent or any other member of the teacher's family living within the teacher's household. At the request of the principal, the teacher shall present a physician’s certificate in connection with request for time off under this section. If neither of the two (2) family illness days are used during one academic year, one day shall accumulate as a sick day.
F. Military Leave
Up to a total of two (2) days at the end of a school year shall be granted as may be required to attend summer school class or to travel to the place where such classes are to be held. Before leave is granted under this section, the teacher must establish to the principal's satisfaction that all of his/her year-end work is satisfactorily completed.
G. Other leaves of absence with pay may be granted by the Board for good reason.
Any teacher who is a member of the reserve forces of any branch of the military, or of the national guard shall be entitled to a leave of absence from his/her duties without loss of pay or time on all days during which he/she shall be engaged in active duty, active duty for training, or other duty ordered by the Governor or the President of the United States, provided that the leaves of absence for active duty or active duty for training shall not exceed 90 days in the aggregate in any one year. Leave of absence for such military duty shall be in addition to the regular vacation allowed a teacher.
ARTICLE XVII - EXTENDED LEAVES OF ABSENCE
A. The Board agrees that one tenured teacher designated by the Association shall, upon request, be granted a leave of absence without pay for up to one (1) year for the purpose of engaging in activities of the Association or its affiliates.
B. A leave of absence without pay of up to two (2) years shall be granted to any tenured teacher who serves in a full-time capacity in the Peace Corps, VISTA, National Teacher corps, or an exchange teacher or overseas teacher, or who accepts a Fulbright scholarship.
C. A tenured teacher shall be granted a leave of absence without pay for up to one (1) year for the following purposes:
2. to teach in an accredited college or university,
1. to become a matriculated, full time student at an accredited college or university for the purpose of obtaining an advanced degree in the subject area in which the teacher is assigned and in which he/she has been granted certification;
3. to satisfy a one (1) year residency requirement in pursuit of an advanced educational degree at an accredited college or university.
1. Military leave without pay shall be granted for a period of time not to extend beyond four years, to any teacher who is inducted or enlists in any branch of the Armed Forces of the United States.
2. Should the spouse of the teacher who is inducted or enlists be a tenured teacher within the District, the spouse will be granted leave without pay for the same period. The benefits provided for the teacher in military service as outlined in Section H.1 of this Article shall not accrue to the spouse during the leave of absence.
2. Any teacher adopting an infant child may receive similar leave which shall commence upon his/her receiving de facto custody of said infant, or earlier if necessary, to fulfill the requirements for the adoption.
1. A tenured teacher shall notify the superintendent of her pregnancy as soon as it is medically confirmed. Said teacher may request a maternity leave without pay and said leave shall be granted in accordance with the statute and rules and regulations of the state Board of Education.
3. No teacher on maternity leave shall, on the basis of said leave, be denied the opportunity to substitute in the Keyport School District in the area of his/her certification or competence.
4. A leave of absence without pay granted to a tenured teacher for child rearing purposes shall not exceed two (2) years.
F. A leave of absence without pay of up to one (1) year shall be granted to a tenured teacher for the purpose of caring for a sick member of the teacher's immediate family. Additional leave may be granted at the discretion of the Board.
G. The Board may grant other leaves of absence without pay to tenured teachers for good reason.
1. Upon return from leave granted pursuant to Section A, B, C, or D, of this Article, a teacher shall be considered as if he/she were actively employed by the Board during the leave, shall receive longevity credit for the period of absence, and shall be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent. However, that time spent on leave under Section D shall not count toward the time requirement for acquiring tenure. A teacher shall not receive increment credit for time spent on a leave granted pursuant to section E, F, or G of this Article.
2. All benefits to which a teacher was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, shall be restored to him/her upon his/her return, and he/she shall be assigned to the same position, if available, which he/she held at the time said leave commenced, or if the same position is not available, to a substantially equivalent one.
I. All applications for extensions or renewals of leaves shall be in writing. If the extension or renewal is granted, the response shall also be in writing.
J. Upon return from such leave granted pursuant to section C.1 of this Article, a teacher shall demonstrate with written documentation successful completion of two semesters of full-time course work as designated by the institution attended. An official transcript from the institution shall be sent to the superintendent. Upon acceptance of conditions set under section C.l and section H.1 of this Article, the superintendent with Board approval shall place the teacher on the appropriate salary level.
K. Any teacher who has been granted an extended leave of absence shall have available the opportunity to continue all health and insurance benefits at the group rate at his/her own expense until he/she returns to active employment.
ARTICLE XVIII - SUBSTITUTES
Positions which are vacant because teachers are temporarily absent on leave shall, to the extent possible, be filled by personnel who have fully met the appropriate certification requirements of the New Jersey State Board of Examiners. The Board agrees at all times to maintain an adequate list of substitute teachers in as much as possible. In the event that the school is unable to secure a substitute, the teachers who are assigned to the class or other duties will receive the sum of 1/10 of 1% of the B.A. base salary per class period if such duties interfere with the normally scheduled preparation period.
ARTICLE XIX - INSURANCE PROTECTION
A. The Board shall pay the cost of the Hospital Service Plan and Major Medical for all employees and, where requested, for family coverage.
B. A Dental Plan, family coverage, shall commence only after the individual staff member makes application and then in accordance with the provisions of paragraph B. of this Article. The employee contribution toward the cost of the Dental Plan shall continue during the term of this Agreement. For the 2006-07 school year, the employee contribution shall continue at the same dollar amount as the 2005-06 school year. For the 2007-08 school year, the increase in employee contributions shall be based on the increase in premium from the 2005-06 to the 2006-07 school year and shall be split between the Board and the employees on a 60%/40% basis per prior practice. The employee contribution toward the cost of the dental plan shall continue during the 2002-2003 school year at the same amount as the 2001-2002 school year. For the 2003-2004 school year and the 2004-2005 school year, any increase in premium cost for the plan shall be split between the Board of Education and the employee on a 60/40 basis, such that the Board shall be responsible for 60% of the increase in the premium and the employee shall be responsible for 40% of the increase. For the 1999-2000 school year, the cost for the dental plan to the Board of Education shall be the 1991-1992 rate plus the difference in the premium cost between the 1998-1999 school year and the 1999-2000 school year.
C. The employee contribution toward the cost of the $3.00/$1.00 Family Co-pay Prescription Drug Plan shall continue during the term of this agreement. For the 2006-07 school year, the employee contribution shall continue at the same dollar amount as the 2005-06 school year. For the 2007-08 school year, the increase in employee contributions shall be based on the increase in premium from the 2005-06 to the 2006-07 school year and shall be split between the Board and the employees on a 60%/40% basis per prior practice. The increase in employee contribution toward the cost of the $3.00/$1.00 co-pay prescription drug plan for the 2002-2003 school year shall be split between the employee and the Board on a 50/50 basis. . For the 2003-2004 school year and 2004-2005 school year, any increase in premium cost shall be split between the Board of Education and the employee on a 60/40 basis, such that the Board shall be responsible for 60% of the increase in the premium and the employee shall be responsible for 40% of the increase. For the 1999-2000 school year, the cost for the co-pay prescription drug plan to the Board will be the 1991-1992 rate plus the difference between the premium cost for the 1998-1999 school year and the 1999- 2000 school year.
D. The Administration of the above named coverage shall be controlled by the rules and regulations of such plans, and the Board shall be in no way responsible for these rules.
E. To ensure that each teacher has the proper coverage under this Article, the Board shall during the school year provide a listing of the coverage of each teacher. In addition, the Board shall provide the Association with the rates for all categories in the various insurance plans listed above.
F. The Board agrees to continue a cafeteria plan for all employees pursuant to section 125 of the IRS Code. The Board will assume all costs of set up and maintenance of this plan during the term of this Agreement.
ARTICLE XX - DEDUCTIONS FROM SALARY
A. The Board agrees to deduct from the salaries of its teachers dues for the Keyport Education Association, the Monmouth County Education Association, the New Jersey Education Association and the National Education Association as said teachers individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with Chapter 310, Public Laws of 1967, N.J.S.A. 52:14-15.9e and under the rules established by the State Department of Education. Said monies together with records of any corrections shall be transmitted to the New Jersey Education Association headquarters by the 15th of each month following the monthly pay period in which deductions were made.
B. In accordance with Chapter 477, P.L. 1979, the Board hereby agrees to deduct from the salary of all non-association members a representation fee of 85% of the total cost of association membership and transmit this amount to the New Jersey Education Association headquarters.
C. The Association shall indemnify and hold the Board harmless against any and all claims, demands, suits and other forms of liability that shall arise out of, or by reason of any action taken or not taken by the Board for the purpose of complying with any of the provisions of this Article. The Association shall intervene in, and defend, any administrative or court litigation concerning this provision. In such litigation, the Board shall have no obligation to defend actions arising under this Article but, once compelled to do so, the Association shall reimburse the Board for all reasonable costs incurred in defending or participating in such litigation.
ARTICLE XXI - MISCELLANEOUS PROVISIONS
A. This Agreement constitutes Board policy for the term of this Agreement, and the Board shall carry out the commitments contained herein and give them full force and effect as Board policy.
B. Copies of this Agreement shall be printed within thirty days after the Agreement is signed. The cost of the printing shall be shared equally by the parties.
C. Any teaching staff member, desiring to relinquish his/her position, shall give the Board at least sixty (60) days' written notice of his/her intention. In the event the Board will not renew or intends to terminate the contractual relationship with any teaching staff, except for cause, the Board shall give such teaching staff member at least sixty (60) days' written notice of the Board's intention.
ARTICLE XXII - SAVINGS CLAUSE
Should any provision hereof, or the application of any such provision to any person or circumstance, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, or by any order of any administrative agency, state or federal, the remainder of this Agreement, or the application of any such provision to such persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
ARTICLE XXIII - COMPLAINT PROCEDURE
When any complaint regarding a teacher is made to any member of the administration by any parent, guardian or student, it must be made in writing and shall be processed
according to the procedure detailed below.
A. Meeting with Principal, Teacher, Parent, Guardian, Student
B. Review by Principal
The principal shall meet with the teacher and the parent, guardian or student to apprise the teacher and parent, guardian or student of the full nature of the complaint. Together they shall attempt to resolve the matter informally.
C. Submission to the Superintendent
If the complaint is unresolved, it shall be reviewed by the Principal in an attempt to resolve the matter to the satisfaction of all parties involved.
D. Meeting with the Superintendent
Any complaint unresolved at Step B may be submitted in writing by the parent, guardian or student to the Principal who shall forward a copy to the superintendent and teacher with his/her comments.
E. Recommendations of the Superintendent
Upon receipt of the written complaint, the superintendent shall confer with all parties. The teacher shall have the right to representation by the Association at all meetings of the superintendent and the parent, guardian or student.
F. Meeting with the Board
If the superintendent is unable to resolve the complaint to the satisfaction of all parties concerned, he shall, at the request of any party, forward a written report of the results of his investigation and his recommendations to the Board. Copies shall be sent to all parties concerned.
After receipt of the findings and recommendations of the superintendent and before action thereon, the Board shall afford the parties the opportunity to meet with the Board, and show cause why the recommendations of the superintendent should not be followed. Copies of the action taken by the Board shall be forwarded to all parties.
ARTICLE XXIV - TEACHER LATENESS
A. Each teacher shall be allowed two occasions of emergency lateness per year of up to one hour each. The teacher must inform the principal (if possible) of lateness and anticipated time of arrival.
B. If the number of emergency latenesses exceeds two per year, deductions from the teachers pay shall be made as noted below.
1. When a teacher is more than one-half hour late, he/she will be docked 1/10 of 1% of the starting B.A. salary for the first hour or first period class, whichever applies. NOTE: Time shall be taken as of the time the students are to be in session. (homeroom period)
2. If the lateness exceeds the first hour or first period class (whichever applies), he/she will be docked 1/1200 of his/her annual salary for each full or partial period. NOTE: For self-contained classes, 40 minutes shall constitute a period and the factor shall be 1/1400.
ARTICLE XXV - PROFESSIONAL IMPROVEMENT
A. The Board will reimburse each teacher at a maximum of $400.00 for each approved credit hour received per contract language, provided the total maximum Board liability for tuition reimbursement shall be capped at $25,000 for each of the three years of this agreement (2005-06, 2006-07 and 2007-08) .
B. Any funds not expended in any year shall revert to the Board. Employees who are not paid in any one year because the cap has been reached shall be the first to be paid for courses taken in the following year.
C. Each course must be approved by the superintendent before the employee takes the course and must have been started after the beginning of the teacher's service with the Board.
D. Approved credits earned prior to June 30th, and accepted by the superintendent on or before August 15th shall be reimbursed after the public board meeting in September. Reimbursement will only be made for courses passed. Such reimbursement shall be made only if the teacher is employed by the Board for the succeeding year.
E. If the teacher receives outside aid for courses (such as NDEA funds), the teacher will not be reimbursed for these courses. However, these courses will count towards Bachelors plus 30, Masters plus 30, Masters plus 60, and PhD credits on the salary guide.
F. To be approved by the superintendent, courses must be directly related to the teacher's instructional specialty or classroom assignment. Credits in administration are not applicable for credit reimbursement.
G. Tuition reimbursement shall be limited to nine (9) approved credits per year. Reimbursement will not be provided to teachers who voluntarily leave employment in the School District less than one (1) semester subsequent to taking the course. Tuition reimbursement shall be made to the teacher within thirty (30) days after the receipt of the grade for the course by the Superintendent. (It is the parties' understanding that the use of the term "semester" will be defined by the Keyport School semester not a college semester.)
ARTICLE XXVI - DURATION OF AGREEMENT
The duration of the new contract shall be three (3) years, 2005 to 2008. This Agreement shall be effective as of July 1, 2005, and all of the foregoing terms shall remain in full force and in effect until June 30, 2008. Negotiations for a subsequent agreement will commence as prescribed by the Public Employees Relation Commission, but not later than the second week of October, 2007, unless another date is otherwise mutually agreed upon.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective presidents, attested to by their respective secretaries, and the corporate seals to be placed hereon, all on the day and year first above written.
KEYPORT EDUCATION KEYPORT BOARD OF EDUCATION ASSOCIATION
Its President Its President
Its Secretary Its Secretary
Keyport 2005-06 Salary Guide
Keyport 2006-07 Salary Guide
Keyport 2007-08 Salary Guide
|ASSISTANT DRAMA COACH, HS:|
|BOARD GAME CLUB|
|CENTRAL SCHOOL YEARBOOK|
|CS DRAMA CLUB:|
|EIGHTH GRADE CLASS|
|ENVIRONMENTAL CLUB CS:|
|KNITTING CLUB CS:|
|LIFELINE ADVISOR HS|
|SEVENTH GRADE ADVISOR|
|STUDENT COUNCIL CS|
|STUDENT COUNCIL HS|
|STUDENT NEWSPAPER, ADVISOR, KHS|
|VIP (STUDENT ORGANIZATION, HS):|
|BASKS. BALL, ASSISTANT|
|FIELD HOCKEY, ASSISTANT|
|FIELD HOCKEY, HEAD|
|FIELD HOCKEY, ELEMENTARY|
|BASKS. BALL, ASSISTANT|
|FIELD HOCKEY, ASSISTANT|
|FIELD HOCKEY, HEAD|
|FIELD HOCKEY, ELEMENTARY|
|BASKS. BALL, ASSISTANT|
|FIELD HOCKEY, ASSISTANT|
|FIELD HOCKEY, HEAD|
|FIELD HOCKEY, ELEMENTARY|