Association/NJEA/NEA as the exclusive and sole representative for collective negotiations concerning grievances and terms and conditions of employment for all personnel whether under contract, on leave, on a per diem basis, employed or to be employed but the Board, including:

1. Certified personnel including, but not limited to: Teachers, Librarians, Nurses (registered and Non-Registered), Guidance Counselors, School Psychologists, Social Workers, Learning Disability Consultants, and Coaches
2. Classroom and Special Education Paraprofessionals, Library Technicians, Supplemental Library Technicians, Supplemental Assistants, and Playground/Cafeteria Aides
3. Secretaries and Clerical Employees, and Attendance Officers
4. Maintenance and Grounds, Custodial Personnel, Security Guards, Crossing Guards, and Head Night Custodians
5. Type I Drivers, Type II Drivers, Transportation Aides, and Regular Substitute Drivers
6. Food Service Personnel
a. In the event the BOE brings back the Food Service Personnel, the BEA will represent them, with all the benefits and seniority as outlined in the 2003-2006 negotiated agreement with any changes in the benefit package incorporated.

But excluding:

1. All positions and expected title changes for those positions presently located in the Central Office that are presently excluded remain excluded. All of the positions that are presently located in the Central Office that are included remain included.
2. Administrators and Supervisors (those that act in a supervisory capacity)
3. Managerial Executives
4. Confidential Employees
5. Board Secretary
6. Communications Liaison
7. Payroll Specialist
8. Human Resources Specialist
9. Board Office Secretary
10. Administrative Assistant to the Business Administrator
11. Accounts Payable Specialist
12. Executive Secretary to the Superintendent
13. Administrative Assistant to the Superintendent
14. Executive Secretary to the Assistant Superintendent
15. Administrative Assistant to the Assistant Superintendent
16. Building & Grounds/Warehouse Secretary
17. Casual per Diem Substitute Employees
18. Head of Security
19. Assistant Transportation Coordinator
20. All other employees not listed above as included

Unless otherwise indicated, the term “employee,” when used
hereinafter in this agreement, shall refer to all members of the
bargaining unit as defined above.

1. In the event the Board creates a new position or hires employees not within any of the titles in Section A above, the Board shall notify the Association of such action at least (15) fifteen calendar days in advance of any hiring for such position.
2. If the parties agree that such title is appropriately included in the bargaining unit, then the following procedure shall be followed.
a. New Titles and positions will be negotiated between the Association President or designee/designees and the current Superintendent or Barnegat Board of Education.
b. The parties shall meet to negotiate terms and conditions of employment for the new position.
c. In the event the parties are unsuccessful in mutually agreeing to the terms and conditions of employment for such position by the end of the (15) fifteen day period referenced above or such other date as the parties may agree upon, the Board may fill the position.
d. Upon subsequent mutual agreement between the parties on terms and conditions of employment, such terms shall be implemented and shall be retroactive to the extent agreed upon be the parties.
3. In the event that the parties disagree concerning whether the position falls within the bargaining unit, the dispute shall be submitted to the Public Employment Relations Commission, which shall be requested to determine the matter in the most expeditious manner possible.

Should it be finally determined that the position is within the bargaining unit, the parties shall commence negotiations on terms and conditions of employment as provided above.
4. High School Positions
a. All High School Athletic and School Activities positions will be negotiated with the BEA including but not limited to all athletics (intramural, interscholastic, freshman, junior varsity, varsity, etc.), all music, school activities, all advisors, clubs, school play staff, etc. The Board and Association will use high school districts as a guide to establish stipends for these positions. The school districts will be Lacey, Manchester, and Point Pleasant Borough. The Association and the Board agrees that if it cannot agree on a stipend for these new positions, it will use the average of these districts.
b. Middle School Athletic and Middle School Activities guides including but not limited to all Athletics (intramural, interscholastic, middle school 6-8 teams, etc.) all music, school activities, all advisors, clubs, school play staff, etc., above will use the same procedure and will be completed by the end of the 2004-2005 school year.
5. Newly hired personnel will be provided with a job description and contract booklet.

1. The term “teachers” shall refer to all certified employees represented by the Association in the negotiating unit as above defined;
2. The term “custodians” shall refer to all custodial, grounds, and maintenance personnel represented by the Association in the negotiating unit as above defined;
3. The term “office personnel” shall refer to all secretaries, clerical employees, and attendance officers represented by the Association in the negotiating unit as above defined;
4. The term “aides” shall refer to all library technicians, supplemental library technicians, supplemental technicians, and playground/cafeteria aides represented by the Association in the negotiating unit as above defined;
5. The term “paraprofessionals” shall refer to all instructional and special education personnel assisting the certified staff member represented by the Association in the negotiating unit as above defined;
6. The term “drivers” shall refer to all bus drivers, van and wagon drivers, transportation aides, and regular substitute drivers represented by the Association in the negotiating unit as above defined;
7. The term “employees” shall refer to all members of the bargaining unit as above defined;
8. The masculine shall include the feminine, and the singular shall include the plural.

1. A “grievance” is a claim by an employee or the Association based upon the interpretation, application, or violation of this Agreement, policies, or administration decisions affecting terms and conditions of employment of an employee or a group of employees.
2. An “aggrieved person” is the person or persons or the Association making the claim.
3. A “party of interest” is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.
4. “Working days” when used hereafter shall mean the working days of the grievant when it refers to filing the grievance and appealing a decision to a higher step, and the working days of the administrator when it refers to a response by the administrator to the grievant.

1. The Board and the Association agree to process all grievances in good faith and to expedite claims at the lowest possible level.
2. The purpose of this procedure is to secure, at the lowest possible level, solutions to the problems which may from time to time arise affecting members of the bargaining unit. Both parties agree that these proceedings will be kept as confidential as may be appropriate to any level of the procedure.
3. Any grievance filed under this Article shall be initiated at Step 1 within (30) thirty calendar days of the date of its occurrence. Grievances filed after the expiration of thirty (30) calendar days shall be deemed untimely.

1. Since it is important that grievances be proceeded as rapidly as possible, the number of days at each level should be considered as maximum and every effort should be made to expedite the process. The time limits specified, however, may be extended by mutual agreement.
2. In the event a grievance is filed at such time that it cannot be proceeded through all the steps in this grievance procedure by the end of the school year, and if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein shall be reduced so the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.

1. Informal Step – An employee with a grievance shall first discuss it with his principal or immediate supervisor, either directly or through the Association’s designated representative, with the objective of resolving the matter informally. A response to the grievance will be provided within two (2) working days.
2. Formal Level – If the grievant is dissatisfied with the response at the informal level, he and/or his designated Association representative shall within ten (10) working days present the grievance in writing to the immediate supervisor. The written grievance shall contain:
a. The nature of the grievance and the person, persons, or Association filing the grievance.
b. The appropriate date on which the alleged violation occurred.
c. A description of the grievance, listing the specific provisions of this contract that are allegedly violated.
d. The grievant’s dissatisfaction with the decisions previously rendered.
e. The specific redress requested. The principal or immediate supervisor shall make a decision and communicate the decision in writing within five (5) working days from the date he initially received the written grievance.

If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or if no decision has been rendered in writing within five (5) working days, he may file the grievance in writing with the Association within ten (10) working days after receiving the written grievance. The Association may refer it to the Superintendent of Schools.

If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within five (5) working days, he may file the grievance in writing with the Association within five (5) working days. Within ten (10) working days after receiving the written grievance, the Association may refer it to the Board of Education.

1. If the aggrieved person is not satisfied with the disposition of his grievance at Level Three, or if no decision has been rendered within ten (10) working days after the grievance was delivered to the Board of Education, he may, within five (5) working days after a decision by the Board of Education or within fifteen (15) working days after the grievance was delivered to the Board of Education, whichever is sooner, request in writing that the Association submit the grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) working days after receipt of a request by the aggrieved person.
2. Within ten (10) working days after such written notice of submission to arbitration, the Board of Education and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator or to obtain such a commitment within the specified period, a request for a list if arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in the selection of an arbitrator.
3. The arbitrator so selected shall confer with the representatives of the Board of Education and the Association and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have the issues are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement.

The arbitrator can add nothing to nor subtract anything from this Agreement between parties. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties.
4. The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the Board and the Association.

1. Any aggrieved person may be represented at all stages of the grievance procedure by himself, or at his option, by a representative selected or approved by the Association. When an employee is not represented by the Association, the Association shall have the right to be present and to state its view at all stages of the grievance procedure.
2. No reprisals of any kind shall be taken by the Board or by any member of the administration or by the Association or any of its officers or representatives against any party in interest, any representative or member of the Association, or any other employee by reason of his participation or nonparticipation in the grievance procedure.

1. Group Grievance – If, in the judgment of the Association, a grievance affects a group or class of employees, the Association may submit such grievance in writing to the Superintendent directly and the processing of such grievance shall be commenced at Level Two when the administrator handling grievances at Level One of this procedure does not have the authority to resolve the grievance. The Association may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.
2. If, in the judgment of the Association, a grievance arises out of an action taken by the Board or an administrator above the level of the immediate supervisor, the Association may submit such grievance in writing to the Superintendent directly and the processing of such grievance shall be commenced at Level Two when the administrator handling grievances at Level One of this procedure does not have the authority to resolve the grievance. The Association may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.
3. Separate Grievance File – All documents, communications, and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants. The Association and the employee have the right to inspect this grievance file.
4. Meetings and Hearings – All meetings and hearings under this procedure 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.
5. Association Presence – The Association shall have the right to be present at all formal grievance levels even if the grievance was not filed through the Association.
6. Failure at any step to communicate a decision within the specified time limit shall permit the aggrieved to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to by an acceptance of the decision rendered at that step. Failure to raise a grievance within the time limits herein shall be deemed to be an abandonment of the grievance.
7. The time limits set forth herein may be extended in writing by mutual agreement of the parties.

1. To provide procedures for the investigation of all staff to staff complaints.

1. Step One: Staff should confer at this step to attempt to resolve any and all complaints involving other staff members. Any unresolved complaints will then be processed through Step Two.
2. Step Two: Any complaint unresolved under Step One will be reviewed by the building principal/supervisor in an attempt to resolve the matter to the satisfaction of all parties concerned. If the matter still remains unsolved, it will be processed under Step Three.
3. Step Three: Any complaints unresolved at Step Two must be submitted in writing within ten (10) school days of the initiation by the complainant to the building principal/supervisor who shall forthwith forward a copy to the Association President and to the person or persons involved.
4. Step Four: Upon receipt of the written complaint, the building principal/supervisor will confer with all parties either individually or as a group and with their representatives. When the building principal/supervisor, the staff member and the complainant meet as a group, the staff has the right to be represented. The staff involved must be present at all meetings when the representative is speaking on behalf of or for the employee.
5. Step Five: If the building principal/supervisor is unable to resolve this complaint to the satisfaction of all parties concerned, he shall forward the results of his investigation along with his recommendations, in writing, to the Superintendent and all parties concerned.
6. Step Six: After receipt of the building principal/supervisor’s findings and recommendations, and before action thereon, the Superintendent shall afford the parties the opportunity to meet with the Superintendent and show cause why the building principal/supervisor’s recommendation should not be followed. All parties shall have the right to representation at any meetings with the Superintendent.
7. Step Seven: Copies of the action taken by the Superintendent shall be forwarded to all parties including the Association President.


ARTICLE IV
Negotiation of Successor Agreement

1. The parties agree to enter into collective negotiations over a successor Agreement in accordance with Chapter 303, Public Law 1968, in a good-faith effort to reach agreement on all matters concerning terms and conditions of employment. Such negotiations shall begin no later than the PERC designated date of the calendar year in which this Agreement expires.
2. Any Agreement so negotiated shall apply to all members of the bargaining unit. It is understood that any Agreement so negotiated is subject to ratification or rejection by a majority vote of the Board of Education and the Association. The contract shall be reduced to writing, and when ratified by the Board of Education and the Association, shall be signed by the Board and the Association.

1. Whenever any employee is required to appear before the Board of any committee, member, representative, or agent thereof concerning any matter which could adversely affect the continuation of that employee in his office, position or employment or the salary or any increments pertaining thereto, then he shall be given 48 hours 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 his and to represent him during such meeting or interview.
2. In the event that an employee is suspended, the status of his pay shall be determined by the outcome of a hearing or interview. The hearing or interview must be held within fifteen (15) days, the employee’s pay will be reinstated until final determination. If the determination of such meeting or interview is favorable to the employee, he shall be reinstated to his position and shall be paid retroactively for the term of his suspension.

1. The Board shall grant five (5) days leave without pay to the President of the Association or his designee, and there shall be two (2) days leave with pay granted, for purposes of administering the contract or attending to other union business within the district.
2. The Association President shall be released four (4) days a month in district. The purpose for these days is to administer the contract or attend to other union business with the Board paying Salary and benefits.
3. The Association President shall not be prevented from visiting work sites, providing notification is first given to the building administrator, and that such visits shall not interrupt normal work operations.
4. One (1) member of the bargaining unit may be granted a leave of absence without pay for one (1) year to work for the local or New Jersey Education Association. This may be extended at the option of the Board.

1. In any split-session situation, the regular classroom teachers shall arrive twenty-five (25) minutes before the start of the session. At the end of the school day teachers will escort the students to the buses; commencing with the bus departure, teachers may depart. The present practice, in effect by the Board of Education as of October 25, 1979, will prevail for teachers reporting to school, i.e., thirty-five (35) minutes for duty personnel.
2. The classroom day in a split-session situation for teachers shall be four (4) hours, fifteen (15) minutes.
3. Parent-Teacher Conferences in a split-session situation shall be held within the normal teaching session.
4. All teachers shall have at least one hundred and twenty (120) minutes per week of prep time in a spilt-session situation.

1. During days on which Parent-Teacher Conferences are scheduled by the Superintendent of School, teachers shall be required to teach only a half-day session.
2. There shall be no more than two (2) evenings of Parent-Teacher Conferences for any teacher during the school year unless the teacher schedules some.
3. When evening parent conferences are scheduled, teachers will be required to teach only a half-day session, and afternoon conferences and evening conferences will not occur on the same day unless the teacher schedules such.
4. No teacher can be scheduled for a parent conference during lunch time, preparation time, or after the students’ regular school day without the teacher’s consent. One consecutive week between September and December shall be scheduled for Parent-Teacher Conferences.
5. These conferences shall begin no earlier than one (1) hour after the students’ dismissal time and shall run no later than the end of the teacher’s work day. The building principal shall inform the parents of the scheduled time for such conferences. This provision shall not apply under split sessions.

1. Each teacher shall have at least two hundred (200) minutes prep time per week in full session.
2. Specialized instruction such as art, music, physical education/health, and teacher library period periods shall be utilized as prep time.
3. All other certified staff not designated as “teachers” shall receive two (2) twenty (20) minute breaks per day in lieu of a “prep” period.
4. Middle School staff will be guaranteed a minimum of two hundred forty (240) minutes of prep time per week. Duty will be limited to every third day. Cancelled meetings will become additional prep time.
5. High School staff shall have at least two hundred (200) minutes prep time per week in full session.

When, in the judgment of the teacher, a student’s behavior is endangering the welfare of either himself, the teacher, or the other students, that child must be referred to the administration immediately. In all other instances of disruptive behavior, the teacher will implement an approved behavior notification program.

1. Full-time custodians previously laid off and subsequently rehired shall have their bargaining unit seniority restored as of the date of layoff, shall serve no probationary period, shall be enrolled as soon as possible in all health insurance benefits, and shall immediately be eligible for all other benefits provided in the Collective Bargaining Agreement, except as herein modified.
2. Part-time employees shall have seniority as of their date of hire. For those hired on the same date, seniority shall be determined by random drawing of names by representatives of the Board and Association no later than one (1) week from the ratification of this agreement.
3. Seniority only applies to vacations.
4. Part-time and full-time custodians hired after January 7, 1996 shall not be covered by Section D of Article XXIV contained herein (seniority).

1. The transportation Coordinator shall first assign special assignments to employees in such a way as to bring employees’ assigned hours up to the number of their contracted hours. Such assignments shall be made by 12:00 noon Friday for the following week.
2. Special Assignments that are not distributed per subparagraph 1 above shall be posted by 12:00 noon Friday for the following week. Assignments to these runs shall be made by seniority from among those employees who sign up for such assignments for that month. A sign-up sheet will be posted and is to be completed by the fifteenth (15^th) of the preceding month. If none of these employees is available, the Transportation Coordinator may assign employees who have not signed up for such assignments.
3. In making extra assignments such as midday runs, it is the goal of management first to assign such runs in such a way as to bring employees’ assigned hours up to the number of their contracted hours.
4. All summer work will be based on a five (5) hour guarantee.

2. School calendars of all schools that Barnegat Township transports to;
3. Any seminars, conferences, workshops, or open invitations received by the Transportation Coordinator or the Superintendent pertaining to drivers.

1. One-on-one Paras must hold the position for at least ninety (90) days during the year and must maintain 50% of student contact time during that period to be eligible for the stipend.
2. The stipend will be paid in two (2) installments, $250.00 in December and $250.00 in June.

1. The Board agrees to hire only teachers and substitutes holding certificates issued by the New Jersey State Board of Examiners for every teaching assignment.
2. Upon employment, the Superintendent of Schools shall report to the Association in writing the certificates and degrees held, major and minor fields of study, and prior experience of each new teacher with written permission of said teacher. The Association shall supply appropriate permission cards.
3. The initial salary of a newly-hired teacher shall be established by agreement between the teacher and the Board of Education. Credit on the salary schedule shall be given for up to four (4) years of military service, and for all years of prior teaching experience in the district.
4. Non-tenured teachers shall be notified of their contract and salary status for the ensuing year no later than April 30^th, and signed contracts must be returned to the Board by May 15^th. Any contract not returned by May 15^th shall be deemed to have been terminated. However, upon application to the Board or its designee, it may grant a two (2) week extension. Such extensions will not be unduly denied. Tenured teachers should notify the Board by May 15^th of their intention to return.

1. All employees shall be allowed up to three (3) days, without loss of pay, for personal business during the school year, without reasons or verification. Unused personal days shall accumulate as sick days for use under XIV of this Agreement.
2. Certified employees, paraprofessionals, library technicians, supplemental assistants, attendance officers, custodians, drivers, transportation aides and security guards shall not use personal leave for matters which can be scheduled outside of their working hours nor to extend holidays, vacations or for recreational purposes.
3. Office personnel shall not use personal leave during the first five (5) days of the school year unless unusual circumstances arise.
4. The employee shall file notification of personal leave with the Superintendent or his designee at least two (2) working days in advance of the contemplated absence.
5. In an emergency, the Superintendent, or his designee, upon being informed by the employee of the nature of the emergency, may waive all restrictions and authorize an emergency personal day, if satisfied that any of the restrictions above impose an undue hardship.

1. Up to five (5) days at any one time, in the event of the death of the employee’s spouse, parent or parent-in-law, sibling or sibling-in-law, child or child-in-law, legal guardian, grandparents, grandchild, step-parent, step-child, step-sibling, significant other, or other member of the household.
2. Up to two (2) days at any one time, in the event of the death of an aunt, uncle, nephew, or niece of the employee or the employee’s spouse.
3. Employees may defer one or more days to attend memorial services.
4. Additional time may be granted with the approval of the Superintendent. In the case of infant fatalities, more leave may be granted.
5. In the event of the death of an employee or student in the Barnegat School District, the principal or immediate supervisor of said employee or student shall grant to an appropriate number of employees sufficient time off to attend the funeral.

a. Maternity leave shall commence on the date requested by the teacher and extended for a period of up to two (2) contract years, at the discretion of the teacher.
b. No teachers shall be required to leave work because of pregnancy at a specified time prior to the expected childbirth nor be prevented from returning to work after childbirth, solely on the grounds that there has not been a time lapse of specific duration between childbirth and the desired date of return.
c. The Board shall not remove any teacher from her duties during pregnancy unless the teacher fails to produce a certificate from her physician stating that she is medically able to continue teaching.
d. The teacher requesting such leave as stated above shall indicate a tentative return-to-work date and reconfirmation of such return-to-work sate at least sixty (60) days prior to such return.

a. The Board shall grant a leave of absence for medical reasons associated with pregnancy and birth to pregnant employees for up to three (3) months, on the same terms and conditions governing leaves of absence for other illnesses or medical disabilities as set forth in N.J.S.A. Title 18 a:30-1 et seq. and applicable case law.
b. Any employee seeking such leave shall apply to the Board within sixty (60) days prior to the beginning of such leave unless an emergency prevents such notice. At the time of application the employee shall specify in writing the date on which she wishes to return to work after birth. The Board may require any employee to produce a certificate from her physician in support of the requested leave dates. Any employee granted maternity leave without pay according to the provisions of this section may, at her discretion, elect to use all or any part of her accumulated sick leave during the period of such absence and receive full pay and benefits. The employee shall indicate on her application whether or not she elects to exercise this right.
c. Following the grant of such leave to any employee, the commencement and termination dates thereof shall be further extended or reduced for medical reasons upon application by the employee to the Board. Such extension or reduction shall be granted by the Board for an additional reasonable period of time, provided the employee produces a physician’s certificate in support of the requested change, which certificate is subject to agreement by the Board’s physician.

1. The Board and the Association support the principal of continuing training for teachers and the improvement of instruction. The parties further agree that each teacher shall fulfill the obligation for professional improvement in ways that best serve his own problems, functions, interests, and needs.
2. Within any one (1) week, a teacher who shall so request shall be granted at least thirty (30) minutes of counseling with his immediate supervisor. Such meeting shall be scheduled within the teacher’s workday and the teacher released from other duties.
3. Tuition Reimbursement
a. The Board agrees to pay the full cost of tuition and other reasonable expenses incurred in connection with any workshops, conferences, in-service training sessions, or other such sessions which a teacher is requested by the administration to take.
b. Course tuition payment is limited to nine hundred dollars ($900.00) for the current contract school years and summers. All courses must be approved by the Principal, Superintendent, and Board. A teacher must have his contract signed for the ensuing year to be eligible for assistance. Each course must be completed satisfactorily with a “B” average in order to be eligible for reimbursement.
c. Internet courses from an accredited university shall be included in this section.

The Board agrees to pay for the following fees in association with National Board Certification for teachers:
a. Application
b. Assessment
c. Copy of Score Report
d. Copy of Retake Application
e. Score Verification
f. Appeal
g. Retake (per entry/exercise)
5. The administration may schedule in-service workshops for professional improvement (or similar meetings) during the regular school day. In such an event, pupils shall be dismissed during such workshops or substitute teachers shall be utilized for the classes of those teachers participating in such workshops.
6. The Board of Education will provide twenty (20) hours of professional development per year for certified staff.

1. Officer Personnel/Attendance Officer will be reimbursed for the following cost incurred for attending workshops which are approved by their appropriate supervisor, any required fee for attendance, cost of any required materials for the workshop, the cost of meals, in accordance with Board Policy, if meals are not covered by registration, and reimbursement for mileage and tolls.
2. Each office employee/attendance officer will be reimbursed up to an annual maximum of two hundred fifty dollars ($250.00) for job-related courses when taken to improve their skills, including courses in computer operation, word processing, etc. Course titles and descriptions must be submitted to the immediate supervisor prior to attendance and shall be approved or disapproved, in writing, by the supervisor within one week of submission. Tuition reimbursement will be approved by the Board of Education upon receipt of proof of successful completion of the course, i.e., a grade of “C” or better or the numerical equivalent or a grade of “Pass” in a “Pass-Fail” situation.

1. Employees who are required or requested to take courses, workshops, or special training for job advancement or the maintenance or improvement of skills, or an employee who takes any courses, workshops, or special training in the course of his service with the Board, as required or approved by the Board, shall have such fees that are applicable paid be the Board, and time away from work shall be paid at the applicable rate of pay.
2. The Board shall pay the cost of registration and required materials, and shall reimburse employees for necessary meals in accordance with Board policy, mileage, and tolls.

1. The Board and the Association support the principal of continuing training of employees and the improvement of instruction. The parties further agree that such employee shall fulfill the obligation for professional improvement as is deemed necessary by the Superintendent or his/her designee.
2. The administration may schedule in-service workshops for professional improvement (or similar meetings) during the regular school day. In such event, either pupils shall be dismissed during such workshops or substitutes shall be utilized for the classes of those employees participating in such workshops.
3. The Board agrees to pay the full cost of tuition and other reasonable expenses incurred in connection with any workshops, conferences, in-service training, or other such activities in which an employee engages on request by an administrator.
4. Part-time Paraprofessionals will be trained in First Aid and CPR but not for certification.

1. Employees required or requested to take courses or workshops shall be paid at their regular hourly rate for the actual hours of the course, or at time-and-one-half if these hours bring their total hours for the week beyond forty (40). Employee’s who request that they be permitted to take a course or workshop and receive permission from the Board to do so, shall not be paid for the hours expended at the course or workshop. In either case, the Board will pay the cost of tuition and/or fees.

1. Provisions of the health-care insurance programs shall be contained in master policies and contracts agreed upon by the Board of Education and the Association, and shall include:
a. Hospital room and board and miscellaneous costs;
b. Out-patient benefits;
c. Laboratory fees, diagnostic expenses, and therapy treatments;
d. Surgical costs;
e. Major-medical coverage;
f. Prescription drug insurance;
g. Dental insurance.
2. For employees hired before July 1, 2003 (or employees with three or more years experience in any public school system), all health insurances shall be for full family coverage at a benefit level comparable to that in effect in 1982-83, except for the addition of an orthodontia rider to the dental plan, which shall have a per-person lifetime maximum of $1,000.00 and which shall include adults (family). Effective July 1, 1989, the dental insurance shall be equivalent to Delta’s “Incentive Program”, and shall include a per-person lifetime maximum of $1,000.00 for orthodontia.
3. For employees hired on or after July 1, 2003,(with the exception of those new employees with three (3) or more years experience in any public school system) all health insurances shall be for single coverage with the option of purchasing other benefits offered to other employees of the Board of Education (as noted above). Upon completion of three (3) years of service, all employees shall receive all benefits offered to other employees of the Board of Education.
4, Effective July 1, 1994, the medical insurance shall include riders for “Mandatory Second Surgical Opinion” and “Pre-Admission Certification”.
5. Effective January 1, 2007, the prescription drug co-pay shall be ten dollars ($10.00) generic, twenty dollars ($20.00) name brand, and zero dollar ($0.00) mail-order.
6. Effective July 1, 1995, the deductible in the medical insurance shall be two hundred fifty dollars ($250.00) single, and five hundred dollars ($500.00) family.
7. Effective January 1, 2007, PPO/POS office visit co-pays shall be ten dollars ($10.00).
8. Effective July 1, 1996, the “co-insurance” aspect of the health insurance plan shall be 20% of the first three thousand dollars ($3,000.00) in medical expenses.
9. For each employee who remains in the employ of the Board for the full school year, the Board shall make payment of insurance premiums to provide insurance coverage for the twelve (12) month period commencing September 1^st an ending August 31^st. When necessary, payment of premiums on behalf of the employee shall be made retroactively or prospectively to assure uninterrupted participation and coverage.

1. Any medical examinations required for issuance or renewal of a New Jersey School Bus License are the responsibility of the driver.
2. The Board may, at its discretion, require a medical examination by a physician designated by the Board.
3. The fee for any mandates medical examination by a Board-designated physician will be paid by the Board.
4. Annual physicals as required in Paragraph C, Section 1 of this Article conducted by the school physician will be at no charge to the driver.

1. Teachers shall be guaranteed full freedom in classroom presentations and discussions and may introduce political, religious, or otherwise controversial material, provided only that said material is directly connected with the course content.
2. In performing their teaching functions, teachers shall be guaranteed full freedom in expressing their personal opinions on all matters relevant to the course content, provided, however, that when they do so they shall indicate that they are speaking personally and not on behalf of the school, its administration, or the Board.
3. Teachers shall not be censored or restrained in the performance of their teaching functions unless the material discussed and/or opinions expressed are immoral, illegal, unlawful, the advocating of violence, or tending to advocate the unlawful overthrow of the United States Government, State Government, or municipal government or any branch thereof or controversial material not directly connected with the course content.
4. In the event that the principal, or his designee, determine that the teaching functions of any teacher are violating the restrictions set forth in paragraph 3 above, said teacher shall be suspended and required to appear before the Board of Education for hearing in accordance with the provisions set forth in Article V of this Agreement.


ARTICLE XXI
Deduction from Salary

B. The Association shall certify to the Board, in writing, the current rate of its membership dues. If the Association changes the rate of its membership dues, it shall give the Board written notice prior to the effective date of such change.

C. Representation Fee

1. Members of the bargaining unit who do not choose to join the Association shall have a representation fee equal to 85% of the Association dues deducted from their pay and forwarded to the treasurer of the Association.

2. The Association shall indemnify and hold the Board harmless against any and all claims, demands, suits, and other forms of liability, including liability for reasonable counsel fees and other legal costs and expenses that may arise out of, or by reason of any action taken or not taken by the employer in conformance with this provision.

3. The Association agrees to establish a demand and return system in accordance with Chapter 477, Public Law 1979.

1. All observations of a teacher shall be made openly and with the full knowledge of the teacher. Each formal observation shall concern itself solely with the function or class observed.

2. Evaluations and observations shall be signed by the teacher at the conclusion of his conference with the principal or supervisor to signify that the teacher has been given the opportunity to read the observation or evaluation report. Signatures will not be construed to indicate agreement with or acceptance of the observation or evaluation.

3. If a teacher disagrees with an observation or evaluation, he may make a written statement or response and have it permanently attached to the observation or evaluation and made part of the permanent file, provided that such response is submitted to the teacher’s principal or supervisor within ten (10) school days of the evaluation conference or within ten (10) calendar days, excluding weekends, if there are less than ten (10) school days left in the school year.

4. If any complaint regarding a teacher is made to the administrator, which is used in a written evaluation or disciplinary hearing, the teacher shall be afforded an opportunity to respond to such charges. If the charge is unjustified, the charge shall be removed from the file.

5. The results of any Standardized Tests shall not be used as an evaluating tool for teacher performance.

6. A teacher and his methods shall not be criticized in the presence of a student by any administrator without justifiable, substantive reasons.

1. Employees will be evaluated by the building principal or immediate supervisor at least once during the school year. A copy of the evaluation will be submitted to the employee for signature and will become part of the personnel record. The evaluation forms for Paraprofessionals, Library Technicians, Supplemental Assistants, and Playground/Cafeteria Aides will be uniform throughout the district.

2. Signatures are not to be construed as agreement.

3. An employee has the right to submit a rebuttal, which shall be permanently attached to all file copies of the evaluation. Such response shall be submitted to the employee’s principal or supervisor within ten (10) school days of receiving the evaluation or within ten (10) calendar days, excluding weekends, if there are less than ten (10) school days left in the school year.

4. If any complaint regarding an employee is used in a written evaluation or disciplinary hearing, the employee shall be afforded an opportunity to respond to such charges. If the charge is unjustified, the charge shall be removed from the file.

1. No letter of reprimand or material derogatory to an employee’s conduct, service, character, or personality shall be placed in the personnel file without the employee having the opportunity to review such material by affixing his signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the content thereof. The employee shall have the right to submit a written response to such material provided that such response is forwarded to the Supervisor no later than ten (10) working days from the employee’s receipt of a letter of reprimand or derogatory material. Such response shall be placed in said employee’s personnel file.

2. The Board agrees to treat all personnel files confidentially. All files containing evaluations and materials relating to performance shall be treated in the following manner:

a. The Board shall provide, at reasonable cost to each requesting employee, copies of the records and reports contained therein.

b. An employee shall have the right to inspect the contents of his file in the presence of an administrator or his designee. The employee may be accompanied by an Association representative.

c. An employee shall have the right to answer any material filed and his written answer shall be attached to the filed copies provided that the written answer is submitted within ten (10) working days of the discovery by the employee of the material in question.

d. The Board agrees to protect the confidentiality of personal references, academic credentials, and other similar documents, but it shall not establish any separate evaluation file which is not available for the employee’s inspection.

1. Anticipated vacancies and promotional opportunities shall be posted on employee bulletin boards. The notice shall set forth the qualifications and a deadline shall not be less than five (5) working days from the posting of the notice. In an emergency, the number of days required for posting can be less. Upon request, the employee seeking the promotion or transfer may be granted an interview.

2. Should a vacancy occur after the last official day of the school year, a written notice shall be sent to all employees who have notified the Superintendent via a personal letter of their desire to be notified of this kind of position. Notification of all such vacancies shall also be sent to the Association president.

3. Summer employment opportunities shall be posted and employees shall have the right to apply for such positions.

4. To enhance transfers, vacancies and postings for spring and summer, the Board will mimic Spring and Summer 2002 posting procedures.

5. Notification of new positions, vacancies and transfers will be given to the Association president.

1. Certified Staff and Paraprofessionals:

In cases of involuntary transfers, the Superintendent shall notify the employee in writing at least ten (10) days in advance of the effective date of such transfers when the transfer is to take effect at the beginning of a school year. In cases where a transfer becomes necessary during the school year, at least five (5) days notice shall be given.
2. Office Personnel, Maintenance/Grounds/Custodial, Security Employees:

In cases of involuntary transfers, the Superintendent shall notify the employee in writing at least ten (10) calendar days in advance of the effective date of such transfer.

3. Drivers and Transportation Aides

a. Anticipated vacancies in positions, but not in assignments, shall be posted on the Association bulletin boards. The deadline for applications shall not be less than ten (10) working days from the date of posting and employees applying for positions must submit written application within that ten (10) day period.

b. Summer employment opportunities shall be posted and employees shall have the right to apply for such positions.

1. Employees earn a year of seniority for each year of service within the bargaining unit, whether the position held is full-time or part-time. An employee moving from one job title to another carries his/her seniority into the new job.

C. An employee on paid leave shall continue to accrue seniority while on such leave. An employee who resigns or is discharged for cause shall lose all accrued seniority.

D. Layoffs and Recall Rights

1. In the event of a reduction in force, which results in the layoff of employees, employees will be laid off in the job titles being reduced or eliminated in order of least seniority within the bargaining unit. There is no “bumping” across job titles, regardless of bargaining unit seniority.

2. In the event of the restoration of positions previously reduced, or of vacancies in the same job titles as the position previously reduced, employees laid off from those positions within the past eighteen (18) months shall be recalled on the basis of bargaining unit seniority at the time of the reduction in force.

3. In the event of a vacancy in a job title other than the one from which an employee was laid off, or the establishment of a new position within the bargaining unit, employees who were laid off may apply and shall be re-employed on the basis of bargaining unit seniority at the time of the reduction in force if the administration determines that they are as qualified as other applicants.

4. Notice of recall shall be sent to laid-off employees by certified mail, return receipt requested, to their last known address, with a copy to the Association. The employee must respond within five (5) working days of receipt of such notice, and must report to work no later than ten (10) working days after the response. An employee who fails to respond to such a recall within the times specified shall forfeit recall rights.

5. Each employee’s recall rights exist only for eighteen (18) months after the date of his/her layoff.

6. An employee returning from layoff shall have his/her bargaining unit seniority, salary guide/schedule position, and accumulated sick leave restored as of the date of layoff. Such recalled employee shall serve no new probationary period, shall be enrolled as soon as possible in all health insurance programs, and shall immediately be eligible for all other benefits provided in the Collective Bargaining Agreement.

B. Except as this Agreement shall otherwise provide, all terms and conditions of employment applicable on the signing date of this Agreement to employees covered by this Agreement as established by the rules, regulations. And/or policies of the Board in force on said date, shall continue to be so applicable. During the term of this Agreement, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce, or otherwise detract from any employee benefit existing prior to its effective date.

C. If any provision of the Agreement or any application of the Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.

D. Any individual contract between the Board and an employee, heretofore and hereinafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement shall be controlling.

E. Copies of this Agreement shall be printed with the expense to be borne equally by the Association and the Board of Education. This Agreement shall be distributed by the Board to all employees, Board members, and supervisory personnel.

F. Any notice required by either of the parties to this Agreement concerning the provisions of this Agreement shall be in writing.

G. Employees required to use their own vehicles in the performance of their assigned duties shall be reimbursed for mileage and expenses in accordance with Board policy.

H. The Board agrees that there will be no reprisals of any kind taken against any member of the bargaining unit or any other employee of the Board or any other person who assisted the Association in arriving at the settlement of this Agreement. The Association agrees that there will be no reprisals of any kind taken against any member of the Board or any employee of the Board or any other person who assisted the Board in arriving at the settlement of this Agreement. The parties agree that upon ratification of both, any legal proceedings arising out of these negotiations with the courts or with PERC will be immediately withdrawn.

I. Effective October 1, 1994, there shall be created a Joint Labor-Management Committee with equal membership to discuss health and safety issues related to staff working with children with special health needs with appropriate attention to training, supplies, and governmental regulations. The Committee shall make recommendations to the parties as to appropriate actions to be taken.

J. It is understood and agreed by the parties that should the Board re-establish its own food service program, the Board shall notify the Association as soon as the decision is made, and the parties shall meet promptly to negotiate the terms and conditions of employment for the positions involved.

K. The parties agree to re-open negotiations regarding health insurance and such other benefits as may be appropriate in the event that a national health care plan is instituted.

L. Mileage reimbursement shall be at the Internal Revenue Service rate.

M. The cost of Longevity is to be paid by the Board as in the previous contract settlement.

N. A Committee will be formed to investigate “Direct Access” for health benefits. This committee shall include: the Board Secretary and his designee and the Association President and his designee.

O. A Committee will be formed to evaluate and suggest changes in the Lunch/Recess program. This committee shall include teachers (3-4), administration (1), board members (2), and a member of the BEA Executive Board (1). Discussion will include, but not be limited to, time, duties, and length of the school day.

B. It is further acknowledged that these Agreements are the result of a contract settlement on September 14, 2006.

C. In witness whereof, the Association has caused this Agreement to be signed by its officers and the Board has caused this Agreement to be signed by its President and attested to by its Secretary and its corporate seal to be placed hereon, all on the day and year written below.

Barnegat Education Association Barnegat Board of Education

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