Contract Between
Newton B/E-Sussex
- and -
Newton EA
* * *
07/01/2011 thru 06/30/2012


CategorySchool District
UnitCustodians, Other, Teaching/Professional Staff

Contract Text Below
AGREEMENT

between

THE BOARD OF EDUCATION OF THE TOWN OF NEWTON

and

THE NEWTON EDUCATION ASSOCIATION

July 1, 2011 – June 30, 2012



TABLE OF CONTENTS

ARTICLE TITLE PAGE

I RECOGNITION 2

II NEGOTIATION PROCEDURE 3

III GRIEVANCE PROCEDURE 3

IV ASSOCIATION/EMPLOYEE RIGHTS AND PRIVILEGES 5

V SERVICE 8

VI SALARIES 8

VII EXTRA SERVICE 10

VIII DEDUCTIONS FROM SALARY 13

IX LEAVES OF ABSENCE 14

X INSURANCE PROTECTION 19

XI TRANSFERS AND REASSIGNMENTS 22

XII EVALUATION 23

XIII SEPARATION 24

XIV MISCELLANEOUS PROVISIONS 25

SCHEDULE TITLE PAGE

A TEACHER SALARIES 26

B CO-CURRICULAR STIPENDS 27

C ATHLETIC STIPENDS 28

D CURRICULAR STIPENDS 28

E TEACHER ASSISTANT SALARIES 28

F CUSTODIAN SALARIES 29

This Agreement made this 13th day of December 2011 by and between the Board of Education of the Town of Newton in the County of Sussex, hereinafter called the "Board," and the Newton Education Association, hereinafter called the "Association.”

Witnesseth, that in consideration of the following mutual covenants, it is hereby agreed between the parties as follows:

ARTICLE I: RECOGNITION

NEA Contract 2011 -2012 Page
The Board hereby recognizes the Association as the exclusive and sole representative for collective negotiations concerning the terms and conditions of employment for the personnel employed by the Board, who comprise the unit hereunder as follows:

NEA Contract 2011 -2012 Page

      • Teachers and Educational Services Professionals – i.e., nurses, guidance

          counselors, child study team specialists (Schedule A)
      • Co-Curricular, Athletic, and Curricular Personnel (Schedules B, C, D)
      • Teacher Assistants (Schedule E)
      • Custodians (Schedule F)
NEA Contract 2011 -2012 Page

Definitions

    Unless otherwise indicated, the term “employee,” when used in this Agreement, shall refer to all employees represented by the Association in the negotiating unit as defined.

    Unless otherwise indicated, the term “teacher,” when used in this Agreement, shall refer to those employees who are required to hold appropriate certificates issued by the State Board of Examiners (i.e., teachers and educational services professionals).

    Unless otherwise indicated, the term “support staff” shall refer to those employees who are not required to hold certificates issued by the State Board of Examiners (i.e., teacher assistants and custodians)

    Unless otherwise indicated, the term “spouse” shall refer to married partners and civil union partners.


The Association specifically excludes:

NEA Contract 2011 -2012 Page

      • Administrators
      • Secretaries
      • Maintenance Workers
      • Bus Drivers
      • Athletic Trainers
      • Non-Affiliated Personnel
      • Hourly Personnel
      • Substitutes*

        *Long term substitutes, defined as working in the same position for more than 20 consecutive days, will be included only for purposes of representation in a disciplinary matter.

ARTICLE II: NEGOTIATION PROCEDURE

NEA Contract 2011 -2012 Page

The parties agree to enter into collective negotiations over a successor agreement. The parties further agree to make every reasonable effort to begin preliminary discussions concerning negotiations procedures sometime during the month of October of the final year of this Agreement.

Both parties will agree on a base salary figure at the beginning of negotiations. Teaching positions that exist but have not been permanently filled by October 15 will reflect the last full-time salary paid for that position.

On or about November 15 the parties will exchange proposals and substantive negotiations will begin at a mutually agreeable date, but no later than December 15. The parties agree to exchange final proposals on dates to be mutually agreed upon.

Any Agreement so negotiated shall apply to all employees as specified in the Agreement, be reduced to writing, be submitted for ratification by the full Board and Association, and if ratified by both parties, to be signed by the Board and Association.

This Agreement shall not be modified in whole, or in part, by the parties except by an instrument in writing duly executed by both parties, or through the process under Article III., I. of this Agreement.

The Board agrees not to negotiate concerning said employees in the negotiating unit as defined in Article I of this Agreement, with any organization other than the Association for the duration of this Agreement.

ARTICLE III: GRIEVANCE PROCEDURE

NEA Contract 2011 -2012 Page

A "grievance" is a written claim based upon those matters set forth in this Agreement regarding the terms and conditions of employment of an employee or a group of employees and/or the interpretation, meaning, or application of any of the provisions of this Agreement . Such a written claim may be filed by an employee, group of employees, or the Association on behalf of and at the request of an employee or group of employees on the district grievance form. A "grievance" is also a written claim by the Board based upon those matters set forth in this Agreement regarding the terms and conditions of employment, including a dispute with respect to the interpretation, meaning or application of any of the provisions of this Agreement.

The purpose of this procedure is to secure, at the lowest possible level, equitable resolution to the problems, which may from time to time arise. Both parties agree that proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

Level One: Within thirty (30) calendar days of the occurrence of an event from which a grievance arises, the grievance shall be reduced to writing on the district grievance form and presented to the immediate supervisor within ten (10) calendar days. The immediate supervisor shall respond on the grievance form within ten (10) calendar days.

Level Two: If the matter is not satisfactorily resolved at Level One, the decision of the immediate supervisor may be appealed to the Superintendent using the district grievance form within ten (10) calendar days of the receipt of the immediate supervisor’s decision. The Superintendent shall respond on the grievance form within ten (10) calendar days and provide a copy of such response to the Association.

Level Three: If the matter is not satisfactorily resolved at Level Two and if the Association determines that further proceedings are necessary and advisable, the decision of the Superintendent may be appealed by the Association to the Board in writing within fifteen (15) calendar days of receipt of the Superintendent’s decision. After the hearing, the Board will meet in closed session to render a decision. Should the Board require further clarification of any points of the grievance, the Superintendent and Association Representative shall be invited in to provide such clarification to the Board. The Board shall render a decision on any such appeal within fifteen (15) calendar days after the hearing.

If the matter is not satisfactorily resolved at Level Three, the Association may submit the Board’s decision to advisory arbitration. The Association shall notify the Board in writing of the submission to arbitration within fifteen (15) calendar days after receipt of the Board’s decision.

The grievance, if not resolved by timely resort to the foregoing procedure, shall be subject to arbitration initiated and conducted under the rules of the Public Employment Relations Commission.

The arbitrator so selected shall confer with the representatives of the Board and the representatives of the Association and hold hearings promptly and shall issue a decision not later than thirty (30) calendar days from the date of the close of the hearings, or if oral hearings have been waived, then from


    the date the final statements and proofs on the issues are submitted. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which is in violation of the terms of the Agreement. The decision of the arbitrator shall be submitted to the Board and the Association. The costs 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. Any other expenses incurred shall be paid by the party incurring same.

The Association will not file a grievance on behalf of one or more employees in a building regarding terms and conditions of employment, if documentation can be supplied by the Building Administrator showing that at least ninety percent (90%) of the staff in the building are in favor of the change. Voting on said change will be conducted jointly by, and ballots will be counted in the presence of, the Association President and Building Administrator.

Grievances initiated by the Board shall be submitted directly to the Association in writing within twenty (20) calendar days after their occurrence. The Association shall respond in writing within fifteen (15) calendar days after receipt of the grievance. If the matter is not thereby satisfactorily resolved, the Board may submit the matter to advisory arbitration. The Board shall notify the Association, in writing, of the submission to arbitration, within fifteen (15) calendar days after receipt of the Association's response. Thereafter, the matter shall proceed to arbitration as provided for in paragraphs H and I above.

In presenting his/her grievance, the employee shall be assured freedom from prejudicial action.

Prior to each appeal, the employee shall inform in writing the authority who last rendered a decision that he/she intends to appeal to the next higher authority.

Any aggrieved person may be present at all stages of the grievance procedure or be represented by representatives selected or approved by the Association. When an employee on the membership list of the Association is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.

If, in the judgment of the representatives of the Association, a grievance affects a group or class of employees, the representatives of the Association may submit such grievance in writing to the Superintendent directly.

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.

Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall be prepared jointly by the Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.

The timelines for processing grievances shall be suspended from the last teacher work day of one school year until the first teacher work day of the next school year, upon request of the Association and/or the Superintendent.

ARTICLE IV: ASSOCIATION/EMPLOYEE RIGHTS AND PRIVILEGES

NEA Contract 2011 -2012 Page

The Board agrees to furnish to the Association in response to reasonable requests from time to time, all information prepared for, and/or available to, the public and such other public information that shall assist the Association in developing programs on behalf of the employees together with information which may be necessary for the Association to process any grievance.

Representatives of the Association, Sussex County Education 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, in accordance with existing Board policies, provided that this shall not interfere with or interrupt normal school operations.

The Association shall have the right to use school facilities and equipment with appropriate building request form, when such equipment is not otherwise in use in accordance with existing Board policy. The Association shall pay for the actual cost of all materials and supplies incident to such use.

The Association shall have, in each school building, the use of a bulletin board in each faculty room. Copies of all materials to be posted on such bulletin boards shall be given to the Principal.

The Board will provide the Association with a copy of its agenda and minutes for every public meeting of the Board. Said agenda shall be emailed before the meetings no later than they are emailed to members of the Board.

The Association President shall be relieved of non-teaching duties during tenure in office, if approved by a majority vote of the affected professional staff members.

All employees shall be provided with a job description and all contracts shall designate job position.

Employees shall not be disciplined, reprimanded, deprived of any professional advantage, reduced in rank, job classification, compensation, or terminated without just cause. Any such action asserted by the Board, or any agent or representative thereof, shall not be made public and shall be subject to the grievance procedure. Any employee reduced in rank or job classification, regardless of compensation, may request and receive from the Superintendent or his/her designee, reasons for such reduction not later than fifteen (15) work days following the receipt of the request. Requests shall be made within fifteen (15) work days of either the effective date of reduction in rank or job classification, or of the date on which the employee was formally notified.

Whenever any employee is required to appear before the Superintendent or a designee, Board, or any Committee of the Board, or agent thereof, concerning any disciplinary matter which could adversely affect the continuation of that employee in office, position or employment or the salary or any increments pertaining thereto, then the employee 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 and/or represent the employee during such meeting or interview.

No employee shall be prevented from wearing pins or other identification of membership in the Association or its affiliates. Such pins or identification shall be reasonable in size and not interfere with the employee's work.

In the event of a custodial reduction in force (RIF), custodians who have been renewed for the following year shall be laid off in reverse order of seniority, i.e. least seniority is laid off before greater seniority. Seniority may only be exercised in the category of employment in which the custodian is employed just prior to the RIF (either “custodian” or “head custodian”). Seniority is earned in either category of custodian, and can be added together from both categories if the employee has worked in both categories. If positions which were eliminated in a RIF are restored at a later date, custodians who lost their jobs due to the RIF shall be recalled in order of their seniority at the time of the RIF, i.e. most seniority is recalled first. Recall rights shall last for 720 calendar days after the last calendar date of employment. Failure to report to work within ten (10) calendar days of notice of being recalled will constitute a waiver of any right to recall at any future time.

The Board and the Association agree that academic freedom is essential in the fulfillment of the purposes of the Newton Public Schools, and they acknowledge the fundamental need to protect teachers from any censorship or restraint which might interfere with their obligation to pursue truth in the performance of their teaching functions.

Sons/daughters of employees will be allowed to attend Newton Public Schools upon notification to the Superintendent of their intent to attend and payment of tuition. Tuition cost will be the difference in the projected per pupil tuition cost less the state aid per pupil received by the district for such pupils. Payment shall be in ten (10) monthly installments. Employees have the option of having tuition deducted from their monthly paycheck.

Tuition reimbursement for teachers

NEA Contract 2011 -2012 Page

    When a teacher agrees to a request by the Superintendent to enroll in specific graduate courses or training sessions conducted by a college or university, the cost of tuition and textbooks will be reimbursed by the Board. Mileage will be reimbursed by the Board at the current Board rate per mile. Reimbursement will be made only after the teacher provides evidence that the grade attained has met a level acceptable to the Superintendent. This level shall be included in the original written confirmation for the course or training. Appropriate

    receipts to show amounts expended must also be submitted. Reimbursement shall take place at the board meeting immediately following the Superintendent’s receipt of documentation.

    The teacher must have a contract with the Board which is in full force and effect at the time of reimbursement. Nor shall there be any letter of resignation on file at the time.

    The Board will provide the yearly tuition reimbursement of $28,000 per year, which will be based upon the current cost per credit of graduate courses at Montclair State University. Employees shall submit their requests to the Superintendent prior to registration. All requests are subject to approval by the Superintendent. Approval will be granted for courses which are: part of a matriculated graduate program in education or in the subject area of their teaching assignment; graduate courses in the subject area of their teaching assignment; undergraduate courses, at the discretion of the Superintendent (which will not be recognized for movement on the salary guide).

    Teachers will be reimbursed in the month of June for courses which are completed in the fiscal year ending in that June, based upon transcripts submitted to the Superintendent by the Association on behalf of its membership. Should the reimbursement requests exceed the specified yearly total, each applicant will receive 100% reimbursement for three credits or, if this cost exceeds the annual allowance, a prorated amount. If, after this payment is made, there are funds remaining, the next three credits per teacher will be reimbursed or, if this cost exceeds the annual allowance, a prorated amount. A grade of B or better shall be attained for reimbursement.


NEA Contract 2011 -2012 Page

Custodians must wear uniforms whenever performing their job related duties during the 180 day school calendar (when school is in session; the normal school year session is 180 days). Each custodian shall be entitled, at district expense, to the following apparel purchase after the completion of the probationary period.

NEA Contract 2011 -2012 Page

    Five (5) uniforms per year for custodians in their first three (3) years of employment for full-time custodians employed as of July 1; four (4) uniforms per year thereafter. Custodians hired at a starting date other than July 1 shall be entitled to one (1) uniform for every three (3) months of service following the completion of the probationary period. The head custodians shall negotiate with the uniform company for work belts. Two pairs of uniform shorts will be issued to each custodian.

    One (1) pair of work shoes to be issued to full-time custodians employed as of July 1, cost of said work shoes shall not exceed one hundred fifty dollars ($150.00). Work shoes must be worn whenever the custodian is performing job related duties. Custodians hired at a starting date other than July 1 shall be entitled to a fifty-five dollar ($55.00) shoe allowance if employed prior to March 1 and a thirty dollar ($30.00) shoe allowance if employed after March 1 but prior to June 30.

    One (1) work jacket every three (3) years.

    Two (2) raincoats per year per building until each custodian has access to one.

    A total of twenty-four (24) pairs of work gloves, with inserts, shall be purchased for the entire custodial crew.

    Two (2) pairs of coveralls will be purchased for each school and be replaced every three (3) years.

    All uniform purchases will be in compliance with accepted dress procedures for custodial personnel as established by the Business Administrator/Board Secretary.


ARTICLE V: SERVICE

NEA Contract 2011 -2012 Page

The work year for teachers and teacher assistants shall be a maximum of 183 days (180 school days plus 3 in-service days) in 2011-12.

The work day for teachers shall be 7 hours, and the work day for full-time teacher assistants shall be 6 hours.

The work year for custodians shall be on a fiscal year basis, July 1 to June 30, with a three (3) month probationary period. The Board shall be notified as to the results of the probationary period. A custodian successfully completing the probationary period shall be given a one-time stipend of $100. The probationary employee shall be notified in writing two (2) weeks prior to the end of the probationary period as to whether or not employment shall continue. During the probationary period, the employee may have his/her employment terminated immediately upon the recommendation of the Principal.

The regular work week for custodians shall be 40 hours.

If the head custodian cannot get a substitute custodian, resulting in a night custodian working alone, it will be the responsibility of the head custodian to notify the head custodian at one of the other schools as well as the Principal or designee. That head custodian will make arrangements for one of his/her night custodians to call the custodian working alone at least twice (2) during the night at pre-set times at 7:00 p.m. and 10:50 p.m. If for any reason a custodian working alone cannot be reached, the custodian working at the other site will go to that building and assure his/her safety before going off duty. When custodians are assigned to the position of night foreman or head custodian, they will be paid the night foreman stipend or the head custodian rate, effective on the sixth (6th) consecutive day of such assignment.

Custodians will be allowed to leave on Christmas Eve upon completion of garbage removal, clean-up and building closing with the approval of a building administrator and Central Office coordination. Custodians will be allowed to leave on New Year’s Eve as soon as building closing can be completed, with the approval of a building administrator and Central Office coordination.

ARTICLE VI: SALARIES

NEA Contract 2011 -2012 Page

The salaries of all employees covered by this agreement are set forth in the guides which are attached hereto and made a part hereof (Schedules A, B, C, D, E, F). These guides shall apply to all employees under contract as defined in this Agreement. Part-time teachers and teacher assistants will be paid a fraction of the full time salary. The fraction for teachers will be calculated by the number of periods responsible for children divided by six (6). The fraction for teacher assistants will be the number of working hours per day divided by six (6).

The provisions of these guides shall neither apply to persons employed as substitutes nor persons employed on a temporary or annual basis to fill vacant positions. Such temporary non-contract staff shall be paid such salary as the Board shall determine, provided the total salary or fraction paid shall not exceed that paid for an employee of the lowest class of equal training and experience, as defined in these guides.

Placement of new employees on the salary guide can be determined individually by the Superintendent and the Board. The teachers' years of experience matrix will be considered a hiring guide for initial placement of teachers. However, new employees will not be placed at a higher step on the guide than an existing employee of the same class with the same experience. Teacher assistants with 60 credits and substitute teacher certification may be placed higher on the salary guide as the Board shall determine upon the recommendation of the Superintendent. Any employee employed prior to February 1 of any school year shall receive full credit of one (1) year on the salary schedule.

Employees claiming credit for experience in other related situations, or military service, will be required to produce proof of the validity of such claims, and no salary credit is to be given in the absence of such validity. Credit for military service shall be equal to the time served, but not for more than four (4) years. Credit for teaching and related experience shall be equal to the time served, or less, with consideration of previously frozen steps as the Board shall determine upon the recommendation of the Superintendent.

Subsequent movement will be one step vertically down each year and horizontally to the right upon each classification improvement at all times.

Custodians shall be licensed as low pressure boiler operators. New custodial employees shall obtain licenses no later than during the second year of employment. Custodians who do not hold licenses will not be rehired after the second year. Custodians who have yet to obtain their boiler license will not be held responsible for problems with the heating system. The Board will assume the cost of the boiler license class and the textbook associated with the class. If a custodian fails to pass the examination after two attempts, he/she will assume the cost of the class and text. The Board will assume the cost of applying for and/or renewing the boiler license of all full-time custodians; however, no fees associated with late filing or renewals will be paid by the Board. A custodian who has successfully completed the boiler license course and test will be given a stipend of $550, half payable on July 15 and the remaining half on January 15 of each year. This does not apply to part-time custodians.

Employees will receive a longevity allowance in addition to the basic salary. In all cases longevity increments shall be given only on the recommendation of the Superintendent and with the approval of the Board. All years of service must be contiguous; severance of employment constitutes a break in contiguity. The following constitutes neither a break in contiguity nor a break in service: child rearing, an approved leave of absence, the return to employment pursuant to recall rights due to a reduction in force. Longevity allowance shall be provided after the following number of years of employment in the Newton School District: Teachers Assistants Custodians


    10 years $ 300 $350 $500

    15 years $ 600 $700 $1,000

    20 years $ 900 $1,100 $1,500

    25 years $ 1,200 $1,400 $2,000

    30 years $ 1,500 ---------- ----------

    35 years $ 2,000 ---------- ----------


Classification Improvement for Teachers

    Where salary guides for teachers have been differentiated, all course credits shall be earned from a college or university recognized by the New Jersey Department Education and the following differentiations will be recognized:

      Class A Bachelor's Degree (or 128 undergraduate credits)

      Class B Bachelor's Degree plus 20 graduate credits

Class C Master's Degree

Class D Master's Degree plus 20 hours of graduate credits

Class E Master's Degree plus 40 hours of graduate credits

Class FMaster's Degree plus 60 hours of graduate credits, or Education
Specialist degree

Class GDoctorate


    Classification improvement, under this provision, may be accomplished by the presentation of official evidence, over the college seal, that the teacher has been awarded a degree or credits as described above. Salary credit will be granted on October 1 and April 1 of any school year provided that official notification is made to the Superintendent prior to those dates.

    When a new classification level has been earned, all course credits granted under previous Board policies shall become a part of the salary paid for the higher classification. This provision will not result in a reduction in total salary paid any staff member.

    No classification improvement may be earned on the basis of non-credit courses taken at the undergraduate, graduate or post-doctorate levels unless a course receives the prior written approval of the Superintendent.


Employees working on a part-time basis subsequent to July 1, 1986, shall be given a full year's credit for each part year worked on the experience matrix. Employees working on a part-time basis consisting of at least half time shall be given a full year's credit for each half year worked for longevity purposes.

All eleven month teachers and teacher assistants will receive the basic salary plus ten percent (10%) of such basic salary. All twelve month teachers and teacher assistants will receive the basic salary plus twenty percent (20%) of such basic salary.

Such travel as may be required by employees in the normal pursuit and discharge of their employment responsibility shall be reimbursed at the district’s prevailing rate.



Custodians will be paid on the fifteenth (15th) and thirtieth (30th) of each month from July through June. Teachers and teacher assistants will be paid on the same dates from September through June. Any exceptions in certain special cases may be approved by the Superintendent.

ARTICLE VII: EXTRA SERVICE

NEA Contract 2011 -2012 Page

Overtime, that is anything over forty (40) hours per week for custodians, shall be paid in accordance with prevailing law, or at the custodian's contracted rate times one and one-half (1), whichever is higher. Such forty (40) hours of employment shall weekly commence at 12:01 a.m. Monday morning and terminate at 11:59 p.m. the following Friday. However, it is agreed that assignment of a 40 hour work week to include Saturday may be made to one (1) person employed after July 1, 1997 and one (1) additional person employed after July 1, 2000. Persons employed prior to July 1, 1997 may volunteer for such assignment. Calculation of the custodial forty (40) hour work week shall include legal holidays, personal illness days with pay, court ordered absences with pay, but shall not include days absent (with or without pay) because of marriage, quarantine, personal business or vacation. No custodian will be denied the opportunity to accumulate overtime hours when absent (with pay) because of marriage, quarantine, personal business or vacation, if the Principal finds it impossible to obtain available custodians to work. Saturday employment will be paid for at one and one-half (1) times the custodian’s contracted rate of pay, except for a custodian on the Tuesday to Saturday schedule. Sunday and employment on a scheduled holiday will be paid for at two (2) times the custodian's contracted rate, and will be calculated as inclusive of the aforementioned forty (40) hour work week. When custodians are required to return to work to respond to emergencies such as burglar and fire alarms occurring when no custodian is on duty, overtime wages shall be paid at the custodian's hourly rate doubled. When custodians are called back to work or assigned work not contiguous with their regular work day, the custodian will be guaranteed two (2) hours pay at the overtime rate of pay. This shall not apply when custodians are called back to emergencies such as burglar or fire alarms, which will continue to be compensated per the existing contract.

Each head custodian will establish, and submit to the building administrator for approval, a schedule for any overtime required in the building for which he/she has responsibility. Custodians will be assigned to such overtime as will be required, on a rotating basis, within the building to which they are assigned. Any custodian may exchange or trade such assignment with any other custodian employed by the Board. Notice of any such change, trade or substitution will be made known to the head custodian. Custodians may work overtime in buildings other than that to which they are assigned; effort should be made to follow the overtime schedule.

Calculation of the custodial hourly and per diem rate of pay shall be based upon 240 work days.

If there is a delayed opening or early closing, all custodians shall receive one and one-half (1) times their regular rate for the time spent on snow/ice removal, providing they complete that eight (8) hour day.

If custodians work on days when school is closed due to inclement weather, custodians shall receive their rate of pay plus one (1) personal day to a maximum of five (5) per year for each day they work. If unused by the end of the year, the personal days may be transferred to accumulated sick days. The amount of these personal days, when added to accumulated sick days, may not exceed fifteen (15) per year. If custodians do not come to work on such days, they must take a paid leave day such as personal leave or vacation.

Supplementary guides shall regulate extra pay for extra service: Schedule "B"- CoCurricular Activities; Schedule "C"- Interscholastic Activities; Schedule "D"- Curricular Activities; which are attached hereto and made a part hereof. The guides will apply for the school year indicated and thereafter unless changed by this Agreement. Salaries for all three supplementary guides will be based on experience with steps for no experience (1); one year of experience (2); two years of experience (3); three years of experience (4); four years of experience (5); and five years of experience (6).

Longevity will be based upon years of service in the Newton School District only. Longevity will be based upon years of service time in the same co-curricular or interscholastic activity and will apply to Guides B and C only. Longevity will not be given to any newly hired coaches/advisors. Existing coaches/advisors who will obtain longevity during the course of this contract will only be eligible for the initial longevity amount (i.e., 3%), regardless of years of service thereafter. Beginning July 1, 1996 and thereafter, longevity will be paid as follows:

7-10 years +3% of said guide step

11-15 years +4% of said guide step

16+ years +5% of said guide step

All extra pay positions will be paid within five (5) days of the completion of their season/activity/event which includes the completion of season/activity/event forms, if any. Schedule B, C, and D checks will be issued no later than June 15th.

Extra pay positions (Guides B-C-D) will be posted only when the employee indicates in writing that he/she will not fill their currently held position for the following year or the Administration indicates that a change is to be made. Notification will be within thirty (30) days of the beginning of said duties.

Building Coordinators and teachers teaching a sixth period will receive that salary in their regular monthly paycheck. Pay will be added on to base in the same manner as longevity to be included as contracted salary. It is clearly understood pay will not continue in contracted salary when said extra pay position is terminated. These positions will be released from any duties.

In those cases where regular substitutes are not available, regular teachers who volunteer may be used as substitutes during their preparation time. In the absence of volunteers, a teacher may be assigned by a Building Administrator to act as a substitute. Volunteers and assigned substitutes shall be paid at the rate of twenty dollars ($20.00) per hour prorated per coverage. Such coverage shall be arranged by the Principal and shall be distributed as equitably as possible among the teachers of said school. The teacher may choose to credit these periods. Each accumulation of seventy-five dollars ($75.00) will entitle the teacher to one (1) compensatory day up to a maximum of two (2) compensatory days. A teacher achieving less than an even seventy-five dollars ($75.00) will be paid said amount.

Class coverage by teacher assistants will be compensated at the same rate as teachers if required by the Administration. This is understood to be for coverage during unassigned time; coverage during assigned time is to be compensated at the difference between $20/hr. and the teacher assistant’s regular rate.

Each period that a class or portion of a class is combined with another, the volunteer or assignee shall be paid at the rate of twenty dollars ($20.00) per hour prorated per period.

Any employee who drives the school vehicles (16 and 34 passenger buses) to an approved school function outside of normal school hours will be compensated at the current Board rate of seventy-five dollars ($75.00) per round trip with the approval of the Administration.

If the Administration finds it necessary to request a staff member to teach a sixth period, compensation shall be $4,118. The intent of this clause is to allow for adding sections or expansion of course offerings, not for the reduction of current full-time staff. The number of staff teaching six periods in any subject area shall not exceed four (4). Staff offered the opportunity to teach a sixth period will be in the order of seniority in the subject area. These sections will be posted. If no one volunteers, or if there are not enough volunteers, the Administration has the right to assign teachers. No teacher shall be assigned more than once every four (4) years. A teacher teaching a sixth period will be released from a duty period assignment and, if administratively possible, a homeroom assignment. Teaching a sixth period at the high school and middle school is defined as teaching 6 periods per day. Teaching a sixth period at the elementary school is defined as not having 42 continuous minutes for lunch, 42 continuous minutes for prep, and 42 minutes of duty each day.

Any high school teacher teaching an Advanced Placement course will receive a $1,000 stipend for that course.

Teacher participation in field trips which extend beyond the teacher's in-school work day, and overnight and weekend trips shall be voluntary.

ARTICLE VIII: DEDUCTIONS FROM SALARY

NEA Contract 2011 -2012 Page

Salary Deductions


    The Board agrees to deduct from the salaries of its employees' dues for the Newton Education Association, the Sussex County Education Association, the New Jersey Education Association, and the National Education Association or any one or any combination of such associations as said employees individually and voluntarily authorize the Board to deduct. Such deductions shall be made in compliance with public law and under rules established by the State Department of Education. Said monies, together with current records of any corrections, shall be transmitted to the Association Treasurer by the 15th of each month following the monthly pay period in which deductions were made. The Association Treasurer shall disburse such monies to the appropriate association or associations. Employee authorizations shall be in writing.

    Each of the associations named above shall certify to the Board, in writing, the current rate of its membership dues. Any association which shall change the rate of its membership dues shall give the Board written notice prior to the effective date of such change.

    Additional authorizations for dues deduction may be received after August 1st under rules established by the State Department of Education.

    The filing of a notice of an employee's withdrawal shall be prior to December 1st, and become effective to halt deductions as of January 1st next succeeding the date on which notice of withdrawal is filed.

    The Board agrees to deduct from employees' salaries money for local, state and/or national association services and programs as said employees individually and voluntarily authorize the Board to deduct and to transmit the monies promptly to such association or associations. Any employee may have such deductions discontinued at any time upon sixty (60) days written notice to the Board and the appropriate association.


Representation Fee

    Prior to the beginning of each academic year, the Association will notify the Board in writing of the amount of the regular membership dues, initiation fees, and assessments charged by the Association to its own members for the academic year. The representation fee to be paid by non-members will be determined by the Association in accordance with the law.

    Once during each academic year the Association will submit to the Board a list of those employees who have not become members of the Association for the then current academic year. The Board will deduct from the salaries of such employees in accordance with Paragraph 3 below.

    The Board will deduct the representation fee from the paychecks paid to each employee on the aforesaid list during the remainder of the academic year in question. Employees who are hired after the aforesaid list is submitted to the Board will be subject to the representation fee on a prorated basis.

    If an employee who is required to pay a representation fee terminates his or her employment with the Board before the Association has received the full amount of the representation fee to which it is entitled under this Article, the Board will deduct if possible the unpaid portion of the fee from the last paycheck paid to said employee during the academic year in question.

    The mechanics for the deduction of representation fees and the transmission of such fees to the Association will as nearly as possible be the same as those used for the deduction and transmission of regular membership dues to the Association.

    Representatives of the Association shall receive upon request a written list of names, job titles and dates of employment of any new employees.

    The Association shall indemnify and hold the Board harmless against any and all claims, demands, suits and other forms of liability that may arise out of, or by reason of any action taken or not taken by the Board in conformance with this provision.


ARTICLE IX: LEAVES OF ABSENCE

NEA Contract 2011 -2012 Page

Personal Illness


    Sick leave is hereby defined to mean the absence from work of a person because of personal disability due to illness or injury, or because such a person has been excluded from work by the school district’s medical examiner.

    All employees on a ten (10) month contractual basis shall be granted sick leave with full pay for ten (10) days in any school year; twelve (12) month contractual employees shall be granted full pay for twelve (12) days in any school year. Any unused sick leave during a school year will become cumulative and can be used for additional sick leave above the allotted days in subsequent years.

    In all absences of five (5) consecutive days or more, an employee must file a physician’s certificate with the principal, who will forward same to the Superintendent.

    Federal Medical Leave Act (FMLA) – Employees who meet the legal qualifications may apply to the Superintendent for this unpaid leave which protects health benefits and a position.

    The parties agree to establish and implement a sick leave bank utilizing a voluntary donation program to assist employees who experience a “catastrophic health condition or injury” and have exhausted their paid leave benefits. The employee must require the care of a physician who provides medical verification of the need for the employee’s absence. The bank shall allow employees to voluntarily donate accrued vacation days, personal days, compensatory days, and/or sick leave to said bank. The bank shall be established pursuant to P.L. 2007, Chapter 223.

    The sick leave bank shall be administered by a committee, which shall be comprised of three (3) members selected by the Board and three (3) members selected by the Association. The committee shall establish standards and procedures that it deems appropriate for the operation of the sick leave bank. These shall include but not be limited to eligibility requirements for participation in the sick leave bank and the conditions under which sick leave time may be drawn. No day of leave which is donated to the sick leave bank by an employee shall be drawn by that employee or any employee from the sick leave bank, unless authorized by the committee in order to provide sick leave.

    Severance Payments


      Any teacher retiring after twenty-five (25) years of service in education (fifteen of which must be in the Newton School District), will be reimbursed for up to two hundred (200) days unused accumulated sick days at the higher of the following two values: one-half (.5) the daily substitute rate per accumulated sick day or $45 per accumulated sick day to a maximum of $8,750. The schedule for payment of this benefit shall be by separate check on the last day of employment.

      Any teacher assistant with fifteen (15) years of service in the district shall, upon retirement, be reimbursed for up to one-hundred eighty (180) unused accumulated sick days at three-quarters (3/4) of the substitute teacher assistant’s rate per day.

      Any custodian with fifteen (15) years of service in the district shall, upon retirement, be reimbursed for up to one hundred seventy five (175) unused accumulated sick days at two-thirds (2/3) of the substitute custodian’s rate per day.

Illness in the Family

    Where personal presence is advisable because of the critical illness of a parent, brother, sister, husband, wife, child, or any other relative living in the employee’s immediate family household, absence with pay will be allowed for up to five (5) days per year, non-cumulative for all employees covered by this contract.

    NJFMLA/FMLA – Employees who meet the legal qualifications may apply to the Superintendent for this unpaid leave which protects health benefits and a position.

    New Jersey Family Leave Insurance (NJFLI) – Employees who meet the legal qualifications may apply to the Superintendent. The paid portion of this leave is administered by the State, and it is the employee’s responsibility to complete all paperwork. All family illness days must be used first.

    A leave of absence without pay of up to one (1) year may be granted for the purpose of caring for a sick member of a tenured teacher’s immediate family. Additional leave may be granted at the discretion of the Board. Request for leave shall be in writing and will set forth the specifics of why leave has been requested, including name of persons to be cared for and the relationship of such person to the teacher. The contract for the year in which the teacher is scheduled to return to full-time service must be returned signed or unsigned no later than one (1) month after date of issuance.


Death

    Absences due to a death in the employee’s immediate family or household, including father-in-law and mother-in-law shall be allowed with pay for the required period not exceeding four (4) school days in each such case.

    Absences due to the death of a grandparent or grandchild of an employee will be allowed with pay for two (2) days, including the day of the funeral.

    Absences due to the death of a nephew, niece, aunt, uncle, cousin, brother-in-law, sister-in-law, daughter-in-law, or son-in-law, or other relative not living with the immediate family of an employee will be allowed with pay, for the day of the funeral.

    The name and address of the deceased and the relationship of the deceased to the employee must be made known upon request.


Personal Business

    Personal days are to attend to legal, business, household or family matters which require absence during the work day. Such days shall be granted with pay after receiving approval from the Principal. These non-cumulative days are allowed as follows: Teachers – 3 days; Teacher Assistants – 4 days; Custodians – 3 days.

    Any personal days taken in the first two (2) weeks of school or the last two (2) weeks of school shall require an application to the Principal with a statement of the reason why the leave must be taken at that time and why the matter cannot be taken care of outside of school hours. No reasonable request will be denied.

    Personal days may not be taken the day immediately prior to or following a day or days of vacation for the singular purpose of extending a vacation period. It is recognized that a crisis situation unrelated to the extension of a vacation period may from time to time develop in which the Principal’s prior approval cannot be obtained. Applications for approval after such fact may be approved at the Principal’s discretion.

    Each unused personal day will be converted to an accumulative sick day on June 30 of each year, with the sick days being credited for the following school year.


Quarantine - Absences due to quarantine on account of a contagious disease, when such quarantine is not due to personal illness, shall be allowed, with pay, provided that a certificate from the health officer of the community or a school physician is presented and filed with the Superintendent.

Court Order - Absences from school by reason of subpoena by any court shall be allowed, with pay, provided that the employee is not a party in the action and a copy of the subpoena is filed with the Superintendent.

Professional Leave - Absence with pay to attend a professional event or training may be granted by the Superintendent.

Fireman, Service as a Volunteer - When an employee of this school district is engaged in fighting an active fire as part of a responsibility as a volunteer fireman at that time when that employee would normally be expected to appear for work in this school district, the employee or a designee shall call or otherwise notify the school system that such fire service will cause delay or deny the opportunity to attend to school duties of a part or all of said day. When requested, the volunteer fireman shall detail the circumstances for this absence and process same through the appropriate administrative offices; such leave shall be with pay.

Association Activities - The Board agrees that up to two (2) tenured teachers designated by the Association shall, upon request, be granted a leave of absence without pay for one school year for the purpose of engaging in activities of the Association or its affiliates. The contract for the year in which the teacher is scheduled to return to full-time service must be returned signed or unsigned no later than one month after date of issuance. The teacher who intends to return to full-time service must indicate the intention to do so no later than April 15, previous to the school year the teacher is scheduled to return.

Peace Corps, Vista, etc. - A leave of absence without pay of up to two (2) years shall be granted to any teacher who joins the Peace Corps, Vista, National Teacher Corps, or serves as an exchange teacher or overseas teacher, and is a full-time participant in either of such programs, or accepts a Fulbright Scholarship. The contract for the year in which that teacher is scheduled to return to full-time service must be returned signed or unsigned no later than one month after date of issuance. The teacher who intends to return to full-time service must indicate the intention to do so no later than April 15, previous to the school year the teacher is scheduled to return.

College Teaching - A tenured teacher shall be granted a leave of absence without pay for up to one (1) year to teach in an accredited college or university. The contract for the year in which the teacher is scheduled to return to full-time service must be returned signed or unsigned no later than one month after date of issuance. The teacher who intends to return to full-time service must indicate the intention to do so no later than April 15, previous to the school year the teacher is scheduled to return.

Child Care Leave


    Any teacher assistant, custodian or tenured teacher who adopts or has a child, will be granted a leave from the date on which it commences to a date agreed upon by the employee and the Superintendent, but in no case for more than a three (3) year period.

    An employee on Child Care Leave who wishes to return to full-time service prior to the expiration of the Board approved leave may return upon the opening of a position for which the person is fully certified, upon the presentation of a positive written certification from her physician that she is able to offer an efficient and thorough teaching performance and upon recommendation of the Superintendent. No person on such leave shall be denied the opportunity to substitute or fulfill an extracurricular/cocurricular position in the Newton School District in the area of his or her certification and competence (once they have been medically cleared if necessary).

    An employee on Child Care Leave shall not receive increment or seniority credit for the time spent on leave. All benefits to which an employee was entitled at the time the leave commenced and not utilized during the leave shall be restored upon return.

    The first twelve (12) weeks of any unpaid Child Care Leave taken under this Article shall be considered leave under the NJFMLA (if the employee qualifies legally), and the employee shall be entitled to paid health insurance during that period of time. Employees choosing to return to work immediately after the disability leave associated with the birth of the child may take their Family Leave Act leave at any time permitted by the Act.

    Non-tenured teachers may at the discretion of the Board be entitled to the leave provisions noted above (paragraphs L.1.; L.2.; L.3.; L.4.), except that any leaves granted to non-tenured teachers may not extend beyond the term of their individual contract of employment.

    NJFLI – Employees who meet the legal qualifications may apply to the Superintendent. The paid portion of this leave is administered by the State, and it is the employee’s responsibility to complete all paperwork. All family illness days must be used first.


Other Leaves - Any employee requesting permission for a leave of absence for any purpose shall submit a letter to the Superintendent stating the reason or reasons for the request; leaves of absence without pay may be granted by the Board for good reason.

Return From Leave


    Upon return from leave granted pursuant to Section J. or K. of this Article, a teacher shall be considered as if actively employed by the Board during the leave and shall be placed on the salary schedule at the level which would have been achieved without the absence provided, however, that time spent on said leave shall not count toward the fulfillment of the time requirements for acquiring tenure. A teacher shall not receive increment credit for time spent on leave granted pursuant to Sections B.4., I., L., or M. of this Article, nor shall such time count toward the fulfillment of the time requirements for acquiring tenure.

    All benefits to which a teacher was entitled at the time leave of absence commenced, including unused accumulated sick leave and credits toward sabbatical eligibility, shall be restored upon return, and the teacher shall be assigned to the same position held at the time said leave commenced, if available or, if not, to a substantially equivalent position.


Extension or Renewals of Leave - All extensions or renewals of leave shall be applied for by April 15 of the year in which leave is requested in writing and may be granted at the Board’s discretion.

Sabbatical Leaves


    A sabbatical leave may be granted to a teacher by the Board for graduate study in a teacher’s field of specialization and certification, or for other reasons of value to the school system. A sabbatical may not be granted without the approval of the Superintendent.

    Sabbatical leave may be granted subject to the following conditions:


      If there are sufficient qualified applicants, sabbatical leave shall be granted to a maximum of three (3) teachers at any one time. Sabbatical leaves shall be for a full academic year only.

      Request for sabbatical leave must be received by the Superintendent in writing giving full detail concerning the purpose, school and other relevant information concerning the sabbatical, no later than January 1, and action must be taken on all such requests no later than March of the school year preceding the school year for which sabbatical leave is sought.

      To qualify for sabbatical leave under the terms of this provision, the teacher must have completed a minimum of fifteen (15) years of full service in the Newton School District. The granting of a sabbatical leave is contingent upon the Board obtaining a replacement teacher no later than March 1 of the year before the proposed sabbatical, who in the sole opinion of the Board is a fitting and appropriate replacement for the sabbatical teacher giving due regard to the experience of the teacher being replaced, the requirements of the courses being taught by that teacher and the best interests of the school district.


    A teacher on sabbatical leave shall be paid by the Board at a rate of fifty percent (50%) of the salary which s/he would have received if s/he had remained on active duty. Any teacher who receives a sabbatical shall sign an agreement in which s/he commits to teach at least two (2) or more full academic years in the Newton School District. The teacher shall specifically agree that failure to abide by the terms of the agreement shall require full repayment to the Board of salary received during the sabbatical leave. Repayment of all salary must be made within a period of two (2) years.

    Upon return from sabbatical leave a teacher shall be placed on the salary schedule at the level which said teacher would have achieved had s/he remained actively employed in the system. However, the teacher shall receive seniority but no longevity credit for the year of the sabbatical.


Vacation Days

    All 12 month custodians, after completing one full year of employment, will be entitled to ten (10) days of paid vacation each year; they will earn one additional day of paid vacation for each additional year of full-time employment up to a maximum of twenty (20) days per year. Application for prior approval for use of vacation days shall be made to the immediate supervisor and with the consent of the Principal.

    As of July 1, 2006, the maximum number of vacation days that may be accumulated by any custodian is forty (40) days. Custodians who had accumulated more than 40 days as of June 30, 2006 will continue to have a maximum of 50 accumulated days.

    In no event shall a custodian utilize accumulated vacation days in excess of fifteen (15) consecutive working days or exceed thirty (30) days in one fiscal year. Special consideration may be requested in writing through the Building Administrator to the Superintendent.

    For custodial personnel employed on any date other than July 1 of any given year, vacation credit beyond the basic ten (10) days will be earned at the rate of .834 days per month employed. No part of the basic ten (10) days vacation period is earned prior to the completion of the first year of employment.

    Unused vacation shall be paid at the custodian’s full daily rate of pay upon a voluntary quit, non-renewal, reduction in force, or retirement, and shall be paid at one-half () the custodian’s daily rate of pay in the event of a discharge.


Paid Holidays – The master calendar, developed in consultation with the Association, shall contain twelve (12) paid holidays associated with scheduled holidays and/or NJEA Convention and/or staff holidays. The exact dates of these paid holidays will be established yearly after a review of the yearly calendar, subject to Board approval. No calendar change will be made without consultation with the Association.

ARTICLE X: INSURANCE PROTECTION

NEA Contract 2011 -2012 Page

All employees and their dependents may be covered for health insurance, major medical, prescription, and a family dental plan at Board expense with employee contributions as outlined in Article X.C., upon written application to the Board Secretary for such coverage. The Board has the right to contract a policy that mandates hospitalization precertification and mandatory second surgical opinion. The first day of such coverage will commence yearly on the employee's first day of contractual obligation to the Newton Public Schools.

The level of benefits provided will be at the level substantially similar to that in effect in the 1991-92 school year for teachers and assistants, and at a level equal to or better than that in effect in the 1997-98 school year for custodians. It is mutually agreed that the State Employees Health Benefit Plan in effect for the 2011-12 school year meets or exceeds these standards.

Employee contributions for the medical and prescription plan insurance will be made according to the tables below, which reflect a phase-in of contribution levels for employees who will pay , , and the full amount of the contribution rate during the phase-in years beginning in 2011-12. New employees in 2011-12 and thereafter will pay the full amount of the contribution rate immediately. Regardless of phase-in step, employee contribution must be a minimum of 1.5% of base salary toward health benefits.

HEALTH BENEFITS CONTRIBUTION FOR SINGLE COVERAGE
(PERCENTAGE OF PREMIUM)
Salary Range
Year 1
Year 2
Year 3
Year 4
less than 20,000
1.13%
2.25%
3.38%
4.50%
20,000-24,999.99
1.38%
2.75%
4.13%
5.50%
25,000-29,999.99
1.88%
3.75%
5.63%
7.50%
30,000-34,999.99
2.50%
5.00%
7.50%
10.00%
35,000-39,999.99
2.75%
5.50%
8.25%
11.00%
40,000-44,999.99
3.00%
6.00%
9.00%
12.00%
45,000-49,999.99
3.50%
7.00%
10.50%
14.00%
50,000-54,999.99
5.00%
10.00%
15.00%
20.00%
55,000-59,999.99
5.75%
11.50%
17.25%
23.00%
60,000-64,999.99
6.75%
13.50%
20.25%
27.00%
65,000-69,999.99
7.25%
14.50%
21.75%
29.00%
70,000-74,999.99
8.00%
16.00%
24.00%
32.00%
75,000-79,999.99
8.25%
16.50%
24.75%
33.00%
80,000-94,999.99
8.50%
17.00%
25.50%
34.00%
95,000 and over
8.75%
17.50%
26.25%
35.00%


HEALTH BENEFITS CONTRIBUTION FOR MEMBER/SPOUSE OR PARENT/CHILD COVERAGE
(PERCENTAGE OF PREMIUM)
Salary Range
Year 1
Year 2
Year 3
Year 4
less than 25,000
0.88%
1.75%
2.63%
3.50%
25,000-29,999.99
1.13%
2.25%
3.38%
4.50%
30,000-34,999.99
1.50%
3.00%
4.50%
6.00%
35,000-39,999.99
1.75%
3.50%
5.25%
7.00%
40,000-44,999.99
2.00%
4.00%
6.00%
8.00%
45,000-49,999.99
2.50%
5.00%
7.50%
10.00%
50,000-54,999.99
3.75%
7.50%
11.25%
15.00%
55,000-59,999.99
4.25%
8.50%
12.75%
17.00%
60,000-64,999.99
5.25%
10.50%
15.75%
21.00%
65,000-69,999.99
5.75%
11.50%
17.25%
23.00%
70,000-74,999.99
6.50%
13.00%
19.50%
26.00%
75,000-79,999.99
6.75%
13.50%
20.25%
27.00%
80,000-84,999.99
7.00%
14.00%
21.00%
28.00%
85,000-99,999.99
7.50%
15.00%
22.50%
30.00%
100,000 and over
8.75%
17.50%
26.25%
35.00%

HEALTH BENEFITS CONTRIBUTION FOR FAMILY COVERAGE
(PERCENTAGE OF PREMIUM)

Salary Range
Year 1
Year 2
Year 3
Year 4
less than 25,000
0.75%
1.50%
2.25%
3.00%
25,000-29,999.99
1.00%
2.00%
3.00%
4.00%
30,000-34,999.99
1.25%
2.50%
3.75%
5.00%
35,000-39,999.99
1.50%
3.00%
4.50%
6.00%
40,000-44,999.99
1.75%
3.50%
5.25%
7.00%
45,000-49,999.99
2.25%
4.50%
6.75%
9.00%
50,000-54,999.99
3.00%
6.00%
9.00%
12.00%
55,000-59,999.99
3.50%
7.00%
10.50%
14.00%
60,000-64,999.99
4.25%
8.50%
12.75%
17.00%
65,000-69,999.99
4.75%
9.50%
14.25%
19.00%
70,000-74,999.99
5.50%
11.00%
16.50%
22.00%
75,000-79,999.99
5.75%
11.50%
17.25%
23.00%
80,000-84,999.99
6.00%
12.00%
18.00%
24.00%
85,000-89,999.99
6.50%
13.00%
19.50%
26.00%
90,000-94,999.99
7.00%
14.00%
21.00%
28.00%
95,000-99,999.99
7.25%
14.50%
21.75%
29.00%
100,000-109,999.99
8.00%
16.00%
24.00%
32.00%
110,000 and over
8.75%
17.50%
26.25%
35.00%

The dental insurance will have an annual maximum of $2,000 for teachers and assistants and $1,500 for custodians, the deductible will be $50/$150, and dependent coverage will be until age twenty-three (23).

Other group insurance plans can be made available to the employees at their expense.

The Superintendent is directed to investigate from time to time the protection offered by any of the various plans available and the service offered by the currently contracted carrier, and to recommend a change in carrier, if advance notice of at least thirty (30) days is given to the Association and substantially similar coverage for teachers and assistants and equal to or better coverage for custodians is provided. If the Association contends that the proposed coverage is not substantially similar for teachers and assistants and equal to or better than for custodians, the dispute shall be resolved by the use of expedited binding arbitration conducted under the rules and procedures of the American Arbitration Association, provided, however, that the arbitrator shall issue a decision and award no later than August 1 preceding the commencement of the school year during which the proposed coverage is to take effect. It is understood and agreed that the use of binding arbitration shall not be applicable to any other dispute or grievance arising out of this Agreement.

The Board shall provide, at employee's expense, transitional health care insurance after retirement on the terms detailed in the master policies and contracts agreed upon by the Board and the Association.

The Board may provide to any employee on an approved unpaid leave of absence, at employee's expense, subject to availability, all insurance that he/she is legally entitled to under the terms of this Agreement, if so requested by the employee in writing at the time of the requested leave of absence.

The threshold for receiving insurance shall be twenty-five (25) hours per week.

The Board will pay 45% of the employee’s current annual premium to teachers and assistants who waive their health insurance, and 35% of the employee’s current annual premium to custodians who waive their health insurance, or the maximum allowed by state law, whichever is less.

ARTICLE XI: TRANSFERS AND REASSIGNMENTS

NEA Contract 2011 -2012 Page

As vacancies arise, the Superintendent shall deliver to the Association and post in all school buildings a list of the known vacancies in positions covered by this Agreement which shall occur during the following school year.

Employees who desire a change in grade and/or subject assignment or who desire to transfer to another building shall file a written statement of such desire with the Principal and the Superintendent.

Vacancies in employee positions covered by this Agreement will be filled by means of qualified available volunteers, provided such volunteers are acceptable to the Administration and the transfer would be in the best interest of the school district.

When an involuntary transfer or reassignment of a teacher is necessary, a teacher's area of competence, major or minor field of study, length of service in the particular school building, and other relevant factors, including among other things, State and Federal laws, rules, regulations, or administrative directives shall be considered. When involuntary transfers or reassignments are made, affected teachers shall receive written reasons for such actions.

When an involuntary transfer or reassignment of support staff is necessary, the support staff member’s area of competence, length of service in the Newton School District, length of service in the particular school building, and other relevant factors will be considered.

A list of open positions in the school district shall be made available to all employees being involuntarily transferred or reassigned. Such employees may request the positions, in order of preference, to which they desire to be transferred. Employees being involuntarily transferred or reassigned shall be placed in a position which does not involve a reduction in compensation. This Article applies to Salary Guide Schedules A, E, and F positions only.

The Board and/or the Administration reserve the sole right and decision to make transfers and reassignments under this Article. The right and decisions of the Board and/or the Administration to make transfers and reassignments under this Article are not subject to the grievance procedure. Only the procedural aspects of this Article may be grieved.

ARTICLE XII: EVALUATION

NEA Contract 2011 -2012 Page

All monitoring or observation of the work performances of an employee shall be conducted openly and with full knowledge of the employee.

An employee shall be given a copy of any visit or evaluation report prepared by the evaluator at least one day before any conference to discuss it. No such report shall be submitted in any central office, placed in the employee’s file, or otherwise acted upon without prior conference with the employee.

Teachers shall be evaluated only by persons certificated by the New Jersey State Board of Examiners to supervise instruction. Support staff shall be evaluated only by persons serving in the capacity of immediate supervisor or appropriate administrator.

Non-tenured teachers shall be evaluated at least three (3) times per year. A minimum period of ten (10) working days must elapse between evaluations. The third evaluation for non-tenured teachers is due in the Superintendent's Office on or before March 15 each year. In the event the evaluator determines that a fourth evaluation should be made, the teacher to be evaluated shall be notified in advance of such evaluation.

Tenured teachers shall be evaluated from time to time as deemed necessary or as requested by the Board.

Each formal written report for teachers shall be based on a minimum of one (1) full teaching period of observation and shall include: strengths of the teacher; weaknesses of the teacher; and specific suggestions to the teacher to improve performance in areas wherein weaknesses have been noted. It is required that the written report with results be discussed with the teacher in depth, within one (1) week of the observation.

Support staff shall be evaluated by their immediate supervisors or appropriate administrator at least once in each school year.

The employee evaluated will be given an opportunity to write on the evaluation form any objections to or disagreements with the evaluator's written report.

The employee evaluated will sign the evaluation form, and date same, to indicate that it has been seen and reviewed. A statement may be added by the employee which indicates that the evaluation is not agreed to, in part or in whole. Copies of each form will be given to the employee evaluated, and sent or given to the Superintendent, on or before the due date.

Utilization of other administrators, teachers, and other employees to help improve those who wish to be helped, will be an integral part of the evaluation process. A record of such support and assistance will be kept, and affixed to the evaluation report.

ARTICLE XIII: SEPARATION

NEA Contract 2011 -2012 Page

Teachers shall give sixty (60) calendar days notice of resignation in writing.

Teachers shall be notified of their contract status for the ensuing year as directed by prevailing statutes of the State of New Jersey.

Support staff shall give thirty (30) calendar days notice of resignation in writing.

Support staff who are to be separated from their position shall be given a thirty (30) calendar day advance notice in writing. Notices from assistants shall be addressed to the Superintendent, while notices to assistants shall be from the Building Administrator. Notices from custodians shall be addressed to the Principal, with a copy to the Superintendent. Notices to custodians shall be from the Superintendent, with an informal discussion with the Principal at the request of the employee. All notices shall be hand delivered or given by certified mail.

On or before June 30 of each year, the Board shall give to each assistant who is in the employ of the Board: a written offer of a contract for employment for the next succeeding year providing for at least the same terms and conditions of employment but with such increases in salary and benefits as may be required by law or agreement between the Board and the Association; or a written notice that such employment shall not be offered.

Any assistant who receives a notice of non-employment may within five (5) days thereafter, in writing, request a statement of reasons for such non-employment from the Superintendent which statement shall be given to the employee in writing within five (5) days after receipt of such request.

Any assistant who has received such notice of non-employment and statement of reasons shall be entitled to a hearing before the Board, provided a written request for a hearing is received in the office of the Board Secretary within five (5) days after receipt by the employee of the statement of reasons.

The Board shall issue its written determination as to the employment or non-employment of said assistant for the next succeeding school year within five (5) days after the completing of the hearing. Said proceedings shall be completed and the Board's determination presented to the assistant no later than August 1.

ARTICLE XIV: MISCELLANEOUS PROVISIONS

NEA Contract 2011 -2012 Page

Cooperative Council is formed for the purpose of greater communication between administration, teachers and the Board. The Council will consist of two (2) teachers from each building, one (1) member of the Child Study Team, three (3) Board members, Principals and Superintendent. The Council will meet three (3) times a year in October, January, and May to informally discuss ideas, problems, curriculum, in-service days, concerns and areas of information vital to the Newton School District. The Council will not be a forum for contract negotiations. Times and dates for meetings will be coordinated by the Superintendent and Association President. The Association President in consultation with the staff of each building will appoint building representatives.

This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held invalid by operation of law, or by an administrative agency, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect.

Copies of this Agreement shall be posted on the staff portion of the district website.

This Agreement shall remain in effect from July 1, 2011 to June 30, 2012.

In witness whereof, the parties have set their hands and seals this 13th day of December 2011.

Newton Board of Education Newton Education Association

Attest: Attest:

SCHEDULE A: TEACHER SALARIES
2011-12
All positions are frozen on the 2010-2011 step
Step
BA
BA+20
MA
MA+20
MA+40
MA+60
Ed.D./Ph.D.
1
50,000
52,000
56,580
58,460
60,320
62,100
64,000
2
50,600
52,600
57,180
59,060
60,920
62,700
64,600
3
51,200
53,200
57,780
59,660
61,520
63,300
65,200
4
51,700
53,700
58,280
60,160
62,020
63,800
65,700
5
52,200
54,200
58,780
60,660
62,520
64,300
66,200
6
52,700
54,700
59,280
61,160
63,020
64,800
66,700
7
54,500
56,500
61,080
62,960
64,820
66,600
68,500
8
56,500
58,500
63,080
64,960
66,820
68,600
70,500
9
58,700
60,700
65,280
67,160
69,020
70,800
72,700
10
61,100
63,100
67,680
69,560
71,420
73,200
75,100
11
63,700
65,700
70,280
72,160
74,020
75,800
77,700
12
66,500
68,500
73,080
74,960
76,820
78,600
80,500
13
69,500
71,500
76,080
77,960
79,820
81,600
83,500
14
72,700
74,700
79,280
81,160
83,020
84,800
86,700
15
76,100
78,100
82,680
84,560
86,420
88,200
90,100
16
79,700
81,700
86,280
88,160
90,020
91,800
93,700
17
82,606
84,606
89,186
91,066
92,926
94,706
96,606

SCHEDULE B: CO-CURRICULAR STIPENDS
2011-12
Positions
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Group A
NHS Yearbook
3,978
4,192
4,405
4,619
4,833
5,047
Group B
NHS Student Council

NHS Marching/Pep Band

NHS Cheerleader - Fall

NHS Cheerleader - Winter

NHS Class - Senior

NHS Class - Junior

NHS Class - Sophomore

2,735
2,882
3,029
3,176
3,323
3,470
Group C
NHS Academic Bowl

NHS Band Front

NHS Calliope

NHS Class - Freshman

NHS Dramatics - Choreography

NHS Dramatics - Director

NHS Dramatics - Musical

NHS Dramatics - Technical

NHS FFA

NHS Jazz Band

NHS Marching/Pep Band Asst

NHS National Honor Society

NHS Robotics

NHS Student Council Asst

NHS Theatre Manager

NHS TSA

NHS Yearbook Asst

HMS Dramatics – Director

HMS Intramurals

HMS National Jr. Honor Society

HMS Robotics

HMS Student Council

MAS Intramurals

1,532
1,615
1,697
1,780
1,862
1,944
Group D
NHS DECA

NHS Dramatics - Costumes

NHS Dramatics - Director Fall

NHS Dramatics - Publicity

NHS Peer Leadership

HMS Art

HMS Drama

HMS Dramatics – Asst

HMS Homework

HMS Musical

HMS Yearbook

MAS Art

MAS Drama

MAS Creative Writing

MAS Music

MAS Recycling

MAS Technology

1,020
1,075
1,130
1,185
1,240
1,295
Group E
NHS Art

NHS Dramatics - Stage Set

NHS French

NHS German

NHS Health Careers/Red Cross

NHS Interact

NHS Madrigals

NHS Math League

NHS Mock Trial

NHS Multicultural

NHS SAVE

NHS Science League - Biology 1

NHS Science League - Biology 2

NHS Science League - Chemistry 1

NHS Science League - Chemistry 2

NHS Science League - Earth Science 1

NHS Science League - Earth Science 2

NHS Science League – Physics

NHS Ski

NHS Spanish

NHS Teen Arts

666
702
738
774
810
845

SCHEDULE C: ATHLETIC STIPENDS
2011-12*Positions
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Group A
NHS Head Coach
6,316
6,657
6,995
7,335
7,674
8,014
Group B
NHS Assistant Coach
4,309
4,542
4,773
5,004
5,236
5,468
Group C
HMS/MAS Coach
3,381
3,563
3,745
3,926
4,108
4,290

* Athletic coaches will remain frozen on step for the duration of this Agreement.

SCHEDULE D: CURRICULAR STIPENDS
2011-12Positions
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Group A
Guidance Coordinator
6,456
6,928
7,286
7,572
7,752
7,860
Group B
Building Coordinator
3,228
3,464
3,643
3,786
3,876
3,930
Group C
Core Team / I&RS Team
663
699
734
770
806
841

SCHEDULE E: TEACHER ASSISTANT SALARIES

2011-12
Step
Salary
1-2
16,679
3
16,779
4
16,879
5
16,979
6
17,319
7
17,954
8
18,624
9
19,329
10
20,069
11
20,844
12
21,654
13
22,499
14
23,374

SCHEDULE F: CUSTODIAN SALARIES

All Custodians are frozen on the 2010-11 step.

2011-12
Custodians
Head
Custodians
Step
Salary
Salary
1
26,420
35,871
2
29,950
36,504
3
30,454
37,139
4
30,964
37,781
5
31,468
38,415
6
32,068
39,169
7
32,673
39,931
8
33,677
41,193
9
34,988
42,843
10
36,299
44,137
11
37,711
46,268
12
39,123
48,045
13
40,534
49,821
14
42,047
51,724
15
43,026
53,627
16
44,710
----------
17
45,859
----------
18
47,039
----------
19
48,164
----------
20
49,500
----------



Newton BE and Newton EA 2011.wpd