A. Definitions

A “grievance” shall mean a complaint by an employee or representative of employees that there has been a misinterpretation, violation or misapplication of Board policy, this Agreement or an administrative decision affecting employees.

A grievance to be considered under this procedure must be initiated by the employee within thirty (30) calendar days from the time when the employee knew or should have known of its occurrence. In computing time limits for processing grievances (for 10 month employees) pursuant to this Article, no days shall be counted after the last day of school for teachers on the calendar and before the first day of school for teachers of the following school year. For 12 month employees, the grievance procedure will continue through June, July and August. The foregoing may be altered by mutual agreement of the parties.

A grievance filed under Article IV; Employee Rights, E.; however, will initiate at the Superintendent’s level.

1. Procedure

1. a. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step. Failure at any step of the procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.
   
   1. It is understood that employees shall, during and not withstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall have been fully determined.
1. The Association may process a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.

   Any employee who has a grievance shall discuss it first with his/her principal or immediate superior, if applicable, in an attempt to resolve the matter informally at that level.
   
   
   
   
   
   
   
   Article III

If, as a result of the discussion, the matter is not resolved to the satisfaction of the employee within thirty (30) calendar days, his or her representative shall set forth and sign the grievance to the Principal specifying:

a. The nature of the grievance by specifying the contractual article allegedly violated, or the Board policy or
administrative decision involved;
1. The nature and extent of the injury or loss;
2. The results of previous discussions;
3. His/her dissatisfaction with decisions previously rendered;
4. The remedy sought.
The Principal shall communicate his/her decision to the employee in writing within five (5) working days of receipt of the written grievance.

The employee, no later than five (5) working days after receipt of the Principal’s decision, may appeal the Principal’s decision to the Superintendent of Schools. The appeal to the Superintendent must be made in writing reciting the matter submitted to the Principal as specified above, and his or her dissatisfaction with decisions previously rendered. The Superintendent shall attempt to resolve the matter as quickly as possible, but within a period not to exceed ten (10) working days. The Superintendent shall communicate his/her decision in writing to the employee and the Principal.



Article III

6. If the grievance is not resolved to the employee’s satisfaction, he/she, no later than five (5) working days after receipt of the Superintendent’s decision, may request a review by the Board of Education. The request shall be submitted in writing through the Superintendent of Schools, who shall attach all related papers and forward the request to the Board of Education. The Board, or a committee thereof, shall review the grievance and shall, at the option of the Board, hold a hearing with the employee and render a decision in writing within thirty (30) calendar days of receipt of the grievance by the Board.


7. If the decision of the Board does not resolve the grievance to the satisfaction of the Association and the Association wishes review by a third party, they shall so notify the Board through the Superintendent, within ten (10) working days of receipt of the Board’s decision, except in the case of a grievance involving any of the following points:

a. Any matter for which a method of review is prescribed by law, or any rule or regulation of the State Commissioner of Education, or any matter according to law is either beyond the scope of Board authority or limited to action by the Board alone.

b. A complaint of a non-tenured employee which arises by reason of his/her not being re-employed.

c. A complaint by any certificated personnel occasioned by appointment to or lack of appointment to, retention in, or lack of retention in any position for which tenure is either not possible or not required.
Article III

8. a. The following procedure will be used to secure the services of an arbitrator:
1. A request will be made to the Public Employee Relations Commission (PERC) to submit a roster of persons qualified to function as an arbitrator in the dispute in question.

2. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, they will request the Public Employee Relations Commission (PERC) to submit a second roster of names.

3. If the parties are unable to determine, within ten (10) working days of the initial request for arbitration, a mutually satisfactory arbitrator from the second submitted list, the Public Employee Relations Commission (PERC) may be requested by either party to designate an arbitrator.

The arbitrator shall limit himself to issues involving solely the interpretation and application of this Agreement. He can add nothing to, nor subtract anything from the Agreement between the parties or any policy of the Board of Education. The decision of the arbitrator shall be advisory upon both parties. Only the Board and the aggrieved and his representatives shall be given copies of the arbitrator’s award. This shall be accomplished within thirty (30) days of the completion of the arbitrator’s hearings.


Article III

Rights of employees to representation:

1. Any aggrieved person may be represented at all stages of the grievance procedure by himself/herself, or at his/her option, by a representative selected or approved by the Association.

2. When an employee is not represented by the Association in the processing of a grievance, the Association shall, at the time of submission of the grievance to the Superintendent, or any later level, be notified that the grievance is in process, have the right to be present and present its position in writing at all hearing sessions held concerning the grievance, and shall receive a copy of all decisions rendered. A copy of the Principal’s written decision made in response to a written grievance shall be given to the Association immediately.

3. The Board and the Association shall assure the individual freedom from restraint, interference, coercion, discrimination, or reprisal in presenting his/her appeal with respect to his/her personal grievance(s).

d. The parties shall be responsible for all costs incurred by each, and only the fee and expenses, if any, of the arbitrator shall be shared by each party paying one-half.

B. No employee shall be prevented from wearing standard identification pins indicating membership in the Association or its affiliates.

C. Whenever any employee is required to appear before the Board concerning any matter which could adversely affect the continuation of that employee in his/her office, or the salary or any increments pertaining thereto, then he/she shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have a representative of the Association present to advise him/her and represent him/her during such meeting or interview.

D. 1. Before any material is placed in an employee’s personnel file in the office of the Superintendent or in the office of the Building Principal, the employee shall be so notified in writing and shall be given a copy of the material. An employee shall have a right to place a written rebuttal in the employee’s personnel file. Within five (5) working days of receipt of the material, the employee shall notify the Office of the Superintendent of Schools that a rebuttal will be filed and that the rebuttal shall be delivered to the Office of the Superintendent within fifteen (15) working days of receipt of the material. Failure to so rebut shall cause a forfeiture of the right to rebut. In no event shall there be any rebuttal after fifteen (15) days from the end of the school year.

Article IV

3. Employees shall have the right to examine their personnel files in the office of the Superintendent or in the office of the Building Principal by making an advance request for an appointment to do so. Letters of reference shall be excluded from this right of examination and may be kept in a separate sealed envelope. The employee shall be permitted to have one representative present at the time of examination. All articles examined shall be initialed by the examining employee. All persons present, including the Board staff representative, shall sign and date a log verifying the examination.

F. Whenever an employee is required to attend a meeting initiated by the Superintendent, which may be investigative in nature and may result in disciplinary action against that employee, that employee shall be given advance verbal notice of the meeting and of its possible disciplinary nature and advised of his/her right to association representation at this meeting. The association will have the option of bringing in a number of association representatives equal to the number of administrators present. The Superintendent has the right to have another person present to take minutes in a non-administrative capacity.

B. The Association shall have, in each faculty lounge, the exclusive use of a bulletin board.

C. The Association shall have the right to use the interschool mail facilities and school mailboxes as it deems necessary.

D. Representatives of the Association, the New Jersey Education Association, and the National Education Association shall be permitted to transact official Association business on school property at all reasonable times, provided that this shall not interfere with or interrupt normal school operations and provided that the permission of the Building Principal has been secured.

E. The Association and its representatives shall have the right to use school buildings at all reasonable hours for meetings. The approval of the Principal of the building in question shall be secured in advance of the time and place of all such meetings.

F. School Calendar - Teachers

1. The calendar for teachers employed for on year on a ten (10) month basis shall not exceed 186 days (not including two (2) days for New Jersey Education Association’s Convention).

2. The calendar for new teachers and those teachers hired after January 1 of the preceding school year, who are employed on a ten month basis, shall not exceed 189 days (not including (2) days for New Jersey Education Association’s Convention) with one day being spent with an assigned paid mentor.

3. Employees will not be required to make up those days on which school has been closed due to inclement weather, provided the number of student school days does not fall below the 180 days required by the Commissioner of Education.

4. The last scheduled day of school prior to the commencement of the winter recess shall be a half day for students and staff. The elementary schools will close at 12:35 PM for students. The intermediate school will close at 11:55 AM for students.

5. The last scheduled day of school prior to summer recess will be a full day for staff and a half day for students. The elementary schools will close at 12:35 PM for students only. The intermediate school will close at 11:55 AM for students only.

6. In addition to the foregoing, the Board may schedule up to twelve (12) additional half days when students are released early in order to accommodate parent/teacher conferences, staff conferences, in-service days, or any other educational needs the administration decides are needed. These sessions of two hours each are to be held during the school day from 1:15 to 3:15 PM for the elementary schools except for evening parent/teacher conferences. The intermediate school sessions shall be from 12:50 to 2:50 PM except for evening parent/teacher conferences.

7. In the school calendar, the Board may schedule up to three (3) days designated as six (6) hour in-service days for certified staff. The hours for these days would be from 8:30 AM – 3:10 PM with a lunch period of no less than forty (40) minutes. Article V

The lunch period on independent professional development days

G. School Calendar – Secretaries 1. Secretaries shall not be required to work when schools are closed for emergencies such as snow closings.

2. Secretaries shall have a work year as follows:
a. Holidays

Secretaries shall be granted these sixteen (16) annual holidays listed below when school is closed for the students:

July 4^th Labor Day

Rosh Hashanah (when it falls on a weekday)

Yom Kippur (when it falls on a weekday)

Veteran’s Day Thanksgiving Thursday and Friday

Christmas Eve Christmas Day New Year’s Eve

New Year’s Day Martin Luther King’s Birthday

President’s Day (2 days) Good Friday Memorial Day
Article V

1. Vacation
All twelve (12) month, full-time secretaries shall receive vacation in accordance with the following schedule:

1 – 5 years Ten (10) days

6 – 10 years Fifteen (15) days

11 years or more Twenty (20) days

Vacations must be approved in advance by the Superintendent of Schools and must be taken during the fiscal year, July 1 – June 30. Vacations cannot be carried over from one year to the next without the approval of the Chief School Administrator.

1. School Calendar – Teacher Assistants
   1. Assistants will commence work two (2) days before the official
   
   opening date of school for the students and terminate on the last day students and teachers are present.
   1. Assistants shall receive the holidays that are designated on the
   
   student’s calendar. This does not include designated staff development days.
   1. Assistants shall not be required to work when schools are closed
   
   for emergencies such as snow closings. The assistants will not have to make up snow days unless the students are required to make up these days.
   Article V
   
   
   
   

1. School Calendar – Custodian/Maintenance

a. Holidays

July 4^th Labor Day

Veteran’s Day Thanksgiving Thursday and Friday

Christmas Eve Christmas Day

New Year’s Eve New Year’s Day

Martin Luther King’s Birthday President’s Day (2 days)

Good Friday Memorial Day

Holidays that fall on a weekend shall be scheduled for the last work

day(s) before or the first work day(s) after the holiday, at the discretion of the Chief School Administrator.
1. Vacation
   1 – 4 years 10 days

   5 – 10 years 15 days

   11 plus years 20 days

Schools and must be taken during the fiscal year, July 1 – June 30.

Vacations cannot be carried over from one year to the next without

the approval of the Chief School Administrator.

1. Check-in procedure – As professionals, employees are expected to devote to their assignments the time necessary to meet their responsibilities. Employees shall indicate their presence for duty by placing a check mark in the appropriate column of the faculty sign-in/sign-out roster.

a. The 6 hours and 45 minutes work day for teachers
includes a requirement that teachers report no later than
10 minutes before the students and leave no earlier than
10 minutes after the students.
b. Part-time employees are entitled to a salary in proportion to the percent of time he/she is hired (i.e. 30% time is 30% of his/her step on the salary guide). There are no medical benefits for part-time employees who work 182 minutes or below. All part-time employees will receive the same personal, sick and death in family days as well as the same longevity as full-time employees. All part-time employees shall attend any meetings and staff development sessions as required of full-time staff on a prorated basis.
c. Preparation periods for part-time employees shall be prorated. If this preparation period moves the total minutes above 182 minutes, the teacher shall be compensated at his/her individual rate of pay. If instruction time moves the total minutes above 182 minutes, the teacher’s percentage will be increased and he/she will become eligible for health benefits.




Article VI

d. Secretaries will report according to the following
schedule:
School year Elementary 8:00 AM – 4:00 PM
Intermediate 7:30 AM – 3:30 PM
Summer hours 9:00 AM - 3:00 PM

e. Teacher Assistants will work 7 hours. Starting and ending

times will change accordingly if student starting and ending
times change.
1. Custodian/Maintenance personnel who are full time shall
work an eight and a half (8.5) hour shift.

B. Duty Assignments

1. Special teachers, i.e. those with no homeroom, nurses and librarians, are subject to duty assignments of ten (10) minutes prior to the start of the student day and leave no earlier than ten (10) minutes after the end of the student day.

1. Assignments will rotate monthly.
2. These assignments shall be evenly distributed for each special teacher between an indoor assignment and an outdoor assignment, if such assignments exist.
   
All certificated staff shall work an additional four (4) hours of coverage per year, not to exceed fifteen (15) minutes before and/or five (5) minutes after normal work hours. The assignment is to be mutually agreed upon between the principal and staff.

Article VI

1. The Board guarantees to each teacher a minimum of two hundred (200) minutes preparation time each five (5) student day week, or a pro-rated number of minutes for each week with less than five (5) student days. No preparation period will be less than thirty (30) minutes in length. No unassigned time of less than thirty (30) consecutive minutes shall be considered as preparation time.
2. Preschool teachers shall have a twenty-five (25) minute planning period for each session.
3. The practice of using a regular employee as a substitute is undesirable and shall be discouraged. In the event the administration is not able to secure a substitute, teachers on a preparation period may be assigned to cover the period required. Teachers shall, however, be compensated for the loss of the preparation period by payment of $20 per period for the duration of this contract.
4. The Superintendent will undertake to have his/her staff make consistent efforts to secure substitute teachers to the end that regular classroom teachers will not be required to substitute.

1. Teachers and teacher assistants in Grades K – 8 shall have a daily duty-free lunch period of no less than thirty (30) minutes on full days. During the lunch period, these employees may leave the building without requesting permission, provided they so notify the Building Principal/Secretary and sign in and out.

2. During the period between the conclusion of the AM preschool session and the start of the afternoon or PM preschool session, there shall be a minimum forty-five (45) minute period of unassigned duty-free time, which shall include the teacher’s lunch break.

3. The Administration shall have the right to assign teachers to lunch duty. Before making any such assignment, however, the Administration shall make a request for volunteers. In the event there are a sufficient number of volunteers, the assignment shall be made from the list of volunteers. In the event there are insufficient volunteers, then the shortage shall be filled by assignment. The assignment shall be made from a district-wide seniority list as it applies to the building in which the assignment is to be made. Assignments shall be made on a seniority basis in inverse order of seniority, with the least senior teacher being assigned first. If a teacher is involuntarily assigned to a lunch duty, said teacher will be guaranteed a minimum thirty (30) minute preparation period on such day. First-year teachers shall be excluded from performing cafeteria or lunch room duty. Whether the teacher is a volunteer or is assigned, payment shall be made on the basis of $14 per session. Assistants will receive $9 per session.

1. Secretaries shall have a daily duty - free lunch period of
   60 minutes.
1. Custodian/Maintenance personnel shall have a thirty (30) minute duty free lunch and two fifteen (15) minute duty–free breaks.
   

Article VI

E. Extra-Curricular Activities

STIPENDS FOR EXTRA-CURRICULAR POSITIONS
Extra-Curricular 2006-07 2007-08 2008-09
Elem. Student Council 1,550 1,550 1,550
Elem. Yearbook Advisor 1,550 1,550 1,550
I. S. VAPA – Art 1,850 1,850 1,850
I. S. VAPA – Band 1,850 1,850 1,850
I. S. VAPA – Choral 1,850 1,850 1,850
I. S. VAPA – Dance 1,850 1,850 1,850
I. S. VAPA – Drama 1,550 1,550 1,550
I. S. Yearbook Advisor 1,550 1,550 1,550

Athletics 2006-07 2007-08 2008-09
Boys Soccer 2,450 2,450 2,450
Girls Soccer 2,450 2,450 2,450
Boys Basketball 2,450 2,450 2,450
Girls Basketball 2,450 2,450 2,450
Boys Track 2,450 2,450 2,450
Girls Track 2,450 2,450 2,450
Boys Baseball 2,450 2,450 2,450
Girls Softball 2,450 2,450 2,450

2. A flat stipend of $1,000 per year will be paid to the Intermediate School Intramural Sports Program facilitator for scheduling buses, game referees, etc.

3. Any new extracurricular activities which may be added by the administration will be paid at the hourly rate of $30 per hour for the duration of the contract.

The rate of pay for teachers who volunteer for home instruction shall be $25 per hour during the term of this Agreement.

The rate of pay for teachers who are hired for the Special Education
Extended School Year shall be $30 per hour during the term of this agreement.

1. Custodian/Maintenance Stipends/Differentials/Overtime

Employees holding the boiler licenses shall be paid the sum

Boiler licenses and license renewal fees for all licensed employees will be paid for by the Board of Education upon presentation of properly executed vouchers. The Board reserves the right to determine the number of active boiler licenses it will require.

A $30 stipend shall be paid for all non-scheduled emergency
“call-ins” and non-school functions when school is closed for the day, on the weekend or on a holiday. This stipend is for one - hour guaranteed minimum. After one hour, the provisions related to overtime apply and shall be paid in addition to the stipend.
The night differential shall be paid at the rate of $500 yearly for the length of the contract.

Each employee shall be granted a clothing allowance of

Employees designated as head custodians will receive a

Overtime work properly assigned by authorized supervisory
and administrative staff shall be compensated at the rate of time and one – half for all hours worked in excess of forty (40) in a work week.

1. Secretarial Overtime

Overtime pay for secretaries will be at the regular hourly rate for weekly hours between thirty – five (35) and forty (40) and one and one – half (1 ½) times the regular rate for all hours over forty (40) per week. Overtime work requires the prior approval of the administrator and must be done at the office. Overtime work will not exceed $2,000 per year. This compensation can be taken as compensatory time of not more than two days: money, or a combination of the two. Compensation will be mutually agreed upon.

1. Faculty Meetings

1. Teachers may be required to remain one (1) day a month after the end of the regular work day, without additional compensation, for the purpose of attending faculty meetings. Such meetings shall begin no later than five (5) minutes after the student dismissal time and shall run for no more than forty-five (45) minutes. Teachers shall receive a forty-eight (48) hours advance notice of the meeting and its agenda (except in the event of an emergency). Teachers shall have the right to suggest topics for subsequent meetings.

2. Certified staff may be required to remain two (2) days per school year after the end of the regular work day without additional compensation for the purpose of attending district meetings. These meetings shall run for no more than sixty (60) minutes and shall begin ten (10) minutes after the teacher’s work day in order to allow for travel time.

4. Meetings which take place after the regular in-school workday and which require attendance shall not be called on Fridays or on any day immediately preceding any holiday or other day upon which teacher attendance is not required at school. Persons taking courses on file in the Superintendent’s office will be excused from attendance at meetings if a conflict arises.

5. During the month of December, and the months in which the spring and the (if the calendar calls for) mid-winter recess occur, meetings shall be limited to one (1). No more than two (2) meetings shall be held during any one month.

1. In – Service/Training for Teacher Assistants

Teacher Assistants are required to attend 6 ½ hours of in-service for

In the case where training or in-service for teacher assistants is
required for continuation in a job, compensatory time will be given where such training is offered outside of the school calendar.

Article VI

I. Curriculum Development Committee

The district will post its needs for persons to serve on a curriculum

2. The Superintendent of Schools, at his/her sole discretion, shall determine whether persons so volunteering to serve, are qualified and possess the desired experience.

3. If there are such qualified and experienced teacher volunteers, they will be utilized before any involuntary assignments are made.

4. If there are no volunteers, or an insufficient number of volunteers deemed to be qualified and possessing the desired experience, the Superintendent may assign teachers to so serve.

5. Any involuntary assignments shall be limited to one (1) such assignment during the school year.
6. The hourly stipend for such services completed during other-than-school times are $30 for the duration of this contract .

7. The function of the Curriculum Committee shall be to review literature and current research, write philosophy, goals, objectives, activities and curriculum evaluation procedures, in accordance with the district strategic plan.

8. Any curricular work, as defined above, will be limited to the days indicated in the contract as professional development sessions on either a half day or a whole day. The amount of time allotted to curriculum writing on these days shall not exceed fifteen (15) hours per school year per person. If it does exceed fifteen (15) hours during the school year, the hourly compensation rate will be $30 with the curriculum work being done outside of the school day.

Article VI

1. Mentors

Teachers may elect to be trained as Mentor Teachers. Any teacher who mentors will be paid by the Board provided the district receives mentoring funds from the State Department of Education. Any remaining balance shall be the responsibility of the teacher being mentored, and be payable to the Freehold Borough Board of Education. If there is no contribution from the State Department of Education, the mentor fee shall be the sole responsibility of the teacher being mentored. This Board will pay the mentor fee upon receipt of documentation that the individual has fulfilled all of the responsibilities of a mentor as defined by the Sate of New Jersey and the Freehold Borough School District.

2. The Board agrees to notify a non-tenured employee of his/her contract and salary status by April 30^th of the contract year. In the event no decision has been reached for a non-tenured employee by that date, he/she will be so notified.

3. Credit up to the final step of any salary level on any employee’s salary schedule may be given for previous outside employee experience in a duly accredited school upon employment in accordance with the provisions of Schedule “A”. Additional credit for military experience, as required by the Selective Service System, shall be granted for up to four (4) years.

1. When a pay day falls on or during a school holiday, vacation or weekend, employees shall receive their checks on the last working day, whenever possible.

2. Employees who are employed for ten months shall receive their final checks on the last working day in June, whenever possible.

3. Employees may individually elect to have a part of their monthly salary deducted from their pay. Those funds shall be forwarded to the employee’s credit union OR the employee may elect to be paid on a twelve (12) month basis by the Board. In July and August, one (1) check per month will be issued by the Board with the following conditions:

- No dividends are distributed by the Board of Education.

-Enrollment is for a one year period (July 1 to June 30) and
cannot be altered in any way.
-There are no advances of pay regardless of the situation.

2. Employees who wish to be considered for these openings shall, within one (1) week after a vacancy has been posted, make their interest known to the Superintendent in writing.


3. The Superintendent shall notify all applicants of the action taken on their applications as soon as reasonably possible after a decision has been reached.

2. Any employee who wishes to be transferred or otherwise reassigned to a position for which no vacancy notice has been posted may file a written statement of such desire with the Superintendent. Said statement may be filed at any time during the school year and the request shall remain under consideration for the balance of that school year. Statements of request for transfers or reassignments should include the grade and/or subject to which the employee desires to be assigned, and the school or schools to which he/she desires to be transferred, in order of preference.

1. Probationary – Custodian/Maintenance employees shall, at the time of their initial hire by the Board of Education, serve a ninety (90) day probationary period, during which time they shall not have access to the contractual grievance procedure and their employment, upon notice, may be terminated by the Board for any reason whatsoever.

2. Transfers – The Board has the right to transfer Custodian/Maintenance employees from shift to shift and building to building as the need arises. Whenever possible, an employee shall be given at least two (2) weeks notice of transfer and/or reassignment except in cases of emergency.

6. The observation report shall not be submitted to the Central Office or be placed in the teacher’s file until after a conference has been scheduled and held with the teacher to discuss it, provided that if a conference is postponed by the teacher on more than one occasion without good cause, the observation report may nonetheless be placed in the teacher’s personnel file.

7. The final evaluation of a teaching staff member shall be concluded before severance and no document or materials of any evaluative nature shall be placed in the teacher’s personnel file after severance of the employment relationship.

1. Evaluation of all secretaries, teacher assistants and custodian/ maintenance employees will be conducted at least once a year. A written copy of any evaluation will be given to the employee being evaluated.

2. Any employee who receives a written evaluation shall be entitled to receive a copy of that evaluation and shall be required to sign the evaluation. An employee’s signature on an evaluation shall not be construed as acceptance of the evaluation or agreement to its terms but only an indicator of receipt. An employee shall be provided the opportunity to attach his/her written comments to any evaluation report before it is placed in the employee’s personnel file.

1. Space in each classroom in which teachers may store instructional materials and supplies.

2. A serviceable desk and chair for the use of each teacher.

3. Adequate and free off-street parking facilities will be supplied where possible.

4. A dictionary in each classroom.

1. A faculty lounge and work area. This room shall be appropriately furnished in a manner consistent with its dual purpose, and shall be reserved, during school hours, for the exclusive use of employees.

2. Copies exclusively for each teacher’s use, of all texts used in each of the courses he/she is to teach.

1. Three (3) days leave of absence for personal, legal, business,
household or family matters which require absence during school
hours. Application to the applicant’s Principal or other immediate
superior for personal leave shall be made at least ten (10) days before taking such leave (except in the case of emergencies) and the applicant for such leave shall not be required to state the reason for taking such leave other than he/she is taking it under this section. On each work day the Superintendent shall approve on a first come first serve basis no more than 3 personal days for certificated staff and no more than 3 personal days for noncertificated staff. Emergency days require documentation.

a. Personal leave under this policy may not be taken before or after a holiday except in an emergency or in extenuating circumstances. The Superintendent shall have sole discretion to grant a personal day before or after holidays for reasons of emergencies or extenuating circumstances.

b. Personal leave under this policy may not be taken on consecutive days without the employee’s stating in writing the reason for same and securing approval from the Principal and the Superintendent.

c. Unused personal days shall convert to sick days for certificated staff. Secretaries and teacher’s assistants, at their discretion, may convert unused personal days to sick days or be paid at the rate of $70 for each unused day. Custodians shall be paid at their daily rate of pay for each unused personal day. Payment will be made in July for the previous year.

2. Up to five (5) consecutive work days, including the day of interment or cremation, at any one time in the event of death of applicant’s spouse, child, parent, brother, sister, grandparent, grandchild, or any other member of the immediate household; three (3) consecutive work days in the event of death of an applicant’s brother-in-law, sister-in-law, mother-in-law, father-in-law; and two (2) consecutive work days in the event of death of an applicant’s aunt or uncle.

3. Other leaves of absence, with pay, may be granted by the Board for good reason.

4. Leaves taken pursuant to Section “A” above shall be in addition to any sick leave to which the applicant is entitled.

Military leave without pay shall be granted to any employee who is inducted or enlists in any branch of the Armed Forces of the United States for the period of said induction or initial enlistment as provided by law. Upon return from military leave, an employee shall be considered as if he/she were actively employed by the Board during the leave and shall be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent. Time spent on military leave shall not, however, count toward the fulfillment of the time requirements for acquiring tenure in any position.

1. The Board shall grant leaves of absence for medical reasons associated with pregnancy and birth to pregnant employees on the same terms and conditions governing leaves of absence for other illnesses or medical disabilities as set forth in N.J.S.A. 18A:30-1, et. seq. and the rules, regulations and policy statements and this Agreement.

2. It is recognized that an applicant’s maternity leave application involves both a disability phase and a child care phase. The disability phase is that period of time, both prenatal and postnatal, during which a physician certifies inability to work. The child care phase is that period of time selected by the employee which follows the disability phase during which time the applicant voluntarily suspends her career to care for the newborn child.

Any tenured or non-tenured applicant seeking a leave of absence on the basis of medical reasons associated with pregnancy or birth shall apply to the Board. At the time of application, which shall be made with sixty (60) days notice to the Board, the applicant shall specify in writing the date on which she wishes to commence leave and the date on which she wishes to return to work after the birth. The Board shall require any applicant to produce a certificate from a physician in support of the requested leave dates. Where medical opinion is supportive of the leave dates requested, such request shall be granted by the Board. It is understood that the disability period, as certified jointly by the applicant’s and Board’s physicians, may be treated as compensated sick leave time at the option of the employee.

Where the requested leave dates are beyond the period of disability associated with pregnancy and are for child care purposes as defined above, the tenured applicant shall be granted, at her discretion, a leave for (a) the balance of the school year in which the birth occurred, or (b) the balance of the school year in which the birth occurred and the entire following school year. The intent to return to employment must be presented in writing to the Superintendent by February 1^st of the calendar year of the intended return. Any further extensions of child care leave shall be discretionary with the Board. The Board need not grant or extend the leave of absence of any non-tenured applicant beyond the end of the contract school year in which leave is obtained.

3. Any person returning from pregnancy leave of absence shall be entitled to all benefits to which employees returning from other types of sick or disability leave would be entitled. Nothing contained herein shall be construed to require the Board to grant tenure to any non-tenured employee who would not otherwise have been granted tenure, or to offer a new contract for a new school year to any non-tenured employee who would not have been otherwise offered such a contact.

No employee shall be barred from returning to work after the birth of her child solely on the grounds that there has not been a stated or prescribed lapse of time between that birth and her desired date of return except as provided herein. Nothing contained in this Article shall be construed to preclude the Board from requiring any employee, after the birth of her child, to produce a certificate from her physician showing that she is physically capable of resuming her duties.

1. Sabbatical leave without pay shall be granted to any tenured teaching employee of the Board for study, including study in another educational area of specialization, for travel that would improve the employee’s skills, or for other reasons of value to the school system.

Sabbatical leave will be granted to no more than four (4) tenured employees during one school year.

B. Protection of Employees
The Board agrees that the right to protection as guaranteed by law shall be honored.

1. Hospitalization and surgical insurance

2. Major Medical

3. The Board of Education will have two plans; Horizon Blue Cross PPO and HMO Blue.

4. The Board shall pay $21.35 per employee per month for employee only dental coverage for the duration of this contract. The employee shall contribute the remainder to his/her dental plan. The plan will have an annual maximum reimbursement of $1,500. Family dental beyond the amount specified may be purchased at the employee’s cost if 75% of all employees participate, and if available.

After their ninety (90) day probationary period, the Board shall provide, and will pay the full premium for all custodian/maintenance employees, and their families, for the same health care insurance protection listed above.

amount for each teacher assistant who may want to increase the scope of their coverage beyond single as follows:
2006-2007 $2,500 per year
2007-2008 $2,800 per year
2008-2009 $3,100 per year

Any difference between the actual cost and the Board’s additional contribution will be deducted monthly from the employee’s paycheck. Information regarding the available plans, their cost and the required monthly employee contribution will be available in the Board office.

Pursuant to and in accordance with Federal Tax Ruling 213 of the Internal Revenue Code, Regulation 1.105 and N.J.S.A. 54A:6-24, the Freehold Borough Board of Education agrees to herein implement a “Section 125 Plan” benefit protection subject to legal implementation and without any additional cost to the Board. Said plan will be an addendum to the collective bargaining agreement between the parties. The employee may under this plan, elect a cash option to the district health benefits provided the employee certifies in writing to the Board that the employee is receiving substantially similar benefits from another source.

Employees may elect a cash payment of their respective eligible total health care premium cost (medical, and prescription) in lieu of health benefits as follows:
As of July 1, 2006
Waiver of employee coverage $1,500
Waiver of parent/child coverage $ 2,000
Waiver of husband/wife coverage $ 2,500
Waiver of family coverage $ 3,000

The employee must notify the District Board Secretary, in writing, by September 1^st of the contract year if they are electing this option. Payment shall take place by January 15^th and July 15^th of the subsequent school year. All payments authorized pursuant to this subparagraph shall be subject to ordinary and regular deductions.

Teachers $7,750.00

Secretaries $7,750.00
Teacher Assistants $3,700.00
Custodian/
Maintenance $3,700.00

A. Application and approval of the courses to be taken must be obtained from the Superintendent of Schools prior to starting the course.

Courses will not be approved unless they are a part of a planned program leading to a definite educational objective related to the assigned position of the applicant, or the courses must be directly related to the individual’s professional needs as determined by his assigned position.

C. All courses eligible for tuition reimbursement must be successfully completed with a grade of “B” or better. All grades must be submitted to the Superintendent by September of the new school year so that reimbursement may be made in a timely fashion. It is understood that no tuition shall be reimbursed by the Board if the applicant is being reimbursed by any other source or agency. Tuition reimbursement will not be higher than the lowest New Jersey State College rate.

D. Course programs approved by the Superintendent from July 1, through June 30, will be eligible for reimbursement in September provided the teacher has not resigned their employment in the district. The appropriate state and federal taxes will be withheld as per state and federal regulations. Teachers completing all program requirements will advance in September to the appropriate advanced degree column of the guide upon receipt of the appropriate documentation.

E. Beginning on July 1, tuition reimbursement money will be capped at $12,000 for the length of this contract. To assure the equitable distribution of funding, this money shall be divided into equal amounts per credit hour for those teachers who successfully fulfill the requirements (grade of “B” or better). It should be noted that this method may result in reimbursement that is not equal to the New Jersey State College rates. Any monies not expended will be added to the tuition reimbursement cap for the next year.

F. The tuition reimbursement shall be limited to a maximum of twelve (12) credits for tenured teachers and six (6) credits for non-tenured teachers per year. Grades for course work must be submitted to the Superintendent’s office prior to any reimbursement.

1. A statement that the Association has determined the amount of representation fee in accordance with the formulated requirements of N.J.S.A. 34:13A-5.5.

2. A statement that the Association has established a “demand and return system” in accordance with the requirements of N.J.S.A. 34:13A-5.6.

3. A statement establishing the amount of yearly representation fees to be deducted from the salaries of each non-member. Such representation fee shall not exceed eighty-five percent (85%) of the regular membership dues, fees and assessments.

4. A list of all employees who have failed to arrange for and become members of the Association and a request that the representation fee of such non-members be deducted in accordance with the Agreement.

D. Payroll Deduction Schedule

The Board will deduct the representation fee, in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforesaid list during the remainder of the membership year in question. The deductions will begin with the first paychecks:

1. in November, or

2. thirty (30) days after the employee begins his/her employment in a bargaining unit position unless the employee previously served in a bargaining unit position or was on layoff, in which event the deductions will begin with the first paycheck paid ten (10) days after the resumption of the employee’s employment in a bargaining unit position, whichever is later. The mechanics for deduction of representation fees and the transmission of such fees due to the Association, as nearly as possible, shall be the same as those used for the deduction of regular membership to the Association.

1. to the executive management and administrative control of the school system and its properties and facilities, and the activities of its employees while said employees are engaged in the performance of their duties.

2. to hire all employees, and subject to the provisions of law to determine their qualifications, and the conditions for their continued employment or their dismissal of demotion; and to promote and transfer all such employees; to relieve employees from duty because of lack of work or other legitimate reasons. Where the Board has adopted procedure in the above areas, the Board will follow said procedures.

3. to establish grades and courses of instruction, including special programs, and to provide for athletic, recreational and social events for students as deemed necessary or advisable by the Board.

4. to decide upon the means and methods of instruction, the selection of textbooks and other teaching materials, and the use of teaching aids of every kind and nature. Where the Board has adopted procedures in the above areas, the Board will follow said procedures.

5. to determine class schedules, the hours of instruction, and the duties, responsibilities, and assignment of teachers and other employees with respect thereto.

6. to take whatever actions may be necessary to carry out the mission of the school district in situations of emergency.

EDUCATION ASSOCIATION