Contract Between
New Providence B/E-Union
- and -
New Providence EA
* * *
07/01/2018 thru 06/30/2021


CategorySchool District
UnitTeaching Staff

Contract Text Below
i




AGREEMENT



between



NEW PROVIDENCE BOARD OF EDUCATION



and




NEW PROVIDENCE EDUCATION ASSOCIATION




__________________________________

July 1, 2018 through June 30, 2021
__________________________________


Sciarrillo, Cornell, Merlino, McKeever & Osborne LLC
238 St. Paul Street
Westfield, New Jersey 07090
(908) 481-5000

i
TABLE OF CONTENTS

ARTICLE # TITLE   PAGE #

PREAMBLE 1

I RECOGNITION 2

II GRIEVANCE PROCEDURE 5

III ASSOCIATION RIGHTS 12

IV TEACHERS' RIGHTS 15

V BOARD'S RIGHTS 17

VI WORK YEAR 18

VII WORK LOAD 20

VIII SICK LEAVE 29

IX TEMPORARY LEAVES OF ABSENCE 31

X EXTENDED LEAVES 36

XI SALARY 39

XII TUITION REIMBURSEMENT AND
PROFESSIONAL DEVELOPMENT 45

XIII INSURANCE 47

XIV SABBATICAL LEAVE 51

XV SUMMER EMPLOYMENT 55

XVI RETIREMENT 56

XVII MISCELLANEOUS PROVISIONS 58

XVIII REPRESENTATION FEE 61

XIX TEACHER EVALUATION PROCEDURES 6475


XX DURATION OF AGREEMENT 67

APPENDIX I - 68
NEW PROVIDENCE TEACHERS SALARY GUIDE

APPENDIX II - CO-CURRICULAR ACTIVITIES 71

PREAMBLE
THIS AGREEMENT is entered into this 29th day of January 2019 by and between the BOARD OF EDUCATION OF THE BOROUGH OF NEW PROVIDENCE (hereinafter called the "Board" or the "Employer") and the NEW PROVIDENCE EDUCATION ASSOCIATION (hereinafter called the "Association").
ARTICLE I
RECOGNITION
A. Recognition.
1. On September 26, 1968, the non-administrative professional employees of the New Providence school district authorized and designated the New Providence Education Association to be the exclusive representative for negotiations.
2. a. The Board hereby recognizes the Association as the exclusive representative for the purpose of collective negotiations of the following categories of employees:
Teacher
Nurse
Media Specialist
School Counselor
Psychologist
Social Worker
LDTC
Department Head
Assistant to the Athletic Director
              Athletic Trainer
              Occupational Therapist
              Speech Therapist

              All other employees of the Employer, including but not limited to the following, are excluded from the bargaining unit:
Superintendent
              Assistant Superintendent of Educational Services
              Board Secretary/School Business Administrator
              Director of Curriculum, Instruction, and Supervision
Principals
Assistant Principal
              Director of Athletics
              Supervisors
3. The Board of Education of the Borough of New Providence and the Association recognize the importance of orderly, joint, expeditious resolution of disputes, which may arise as to proper interpretation or implementation of this Agreement and, accordingly, herein agree upon a grievance procedure for the effective processing of such disputes.
4. The provisions of this Agreement will constitute a binding obligation of the parties for the duration hereof. Any previously adopted policy, rule or regulation of the parties which is in conflict with the provisions of this Agreement shall be superseded and replaced by this Agreement. Nothing in this Agreement, which changes pre-existing policy, rules or regulations of the parties will operate retroactively unless so stated.
B. Negotiation Procedures.
1. The parties agree to enter into collective negotiations over a successor Agreement in accordance with the New Jersey Employer-Employee Relations Act in a good faith effort to reach agreement on all matters concerning the terms and conditions of teachers' employment. Such negotiations shall begin no later than January 21st of the calendar year in which this agreement expires.  Furthermore, items for negotiations must be presented in writing to each side prior to the first meeting.

2. Neither party in any negotiations shall have any control over the selection of the negotiating representatives of the other party. The parties mutually pledge that their representatives shall be clothed with all necessary power and authority to make proposals, consider proposals and make counter-proposals in the course of negotiations. Any Agreement so negotiated shall apply to all employees, be reduced to writing and, after ratification, be signed by the Board and the Association.
3. It is recognized that N.J.S.A. 34:13A-5.3 states: "Proposed new rules or modifications of existing rules governing working conditions shall be negotiated with the majority representative before they are established." The parties agree to be bound by this provision of the statute in accordance with law.
4. During the negotiations, the Board of Education may appoint a Principal or other administrator to attend such meetings as an observer. Such representatives will be limited to one (1) individual at any meeting.
5. The parties agree that, for future negotiations of salary guides, only vertical movement will be considered in computing the percentage change in the salary guide. Vertical movement shall be defined to mean the increase in an employee's pay resulting from the annual incremental increase and any negotiated increase within a column on the guide.

6. If an article or section of this Agreement is held invalid by operation of law, or by any tribunal of competent jurisdiction, including the Public Employment Relations Commission, or if compliance with an enforcement of any article or section should be restrained by such tribunal, the parties shall enter into immediate collective negotiations for the purpose of negotiating a replacement for such article or section.
ARTICLE II
GRIEVANCE PROCEDURE
A. Definitions.
1. "Administrator" is any person or persons acting in a supervisory capacity.
2. "Aggrieved person" is the person or persons making the claim.
3. "Grievance" is a claim by a teacher or the Association based upon the interpretation, application or violation of this Agreement, policies or administrative decisions affecting a teacher or group of teachers in accordance with law.
4. "School day" shall be defined as a day when teachers' attendance is required.

B. Purpose.
1. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to problems, which may from time to time arise affecting grievances of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
2. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Administration, and having the grievance adjusted without the intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement.
C. Procedure.
1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated shall be considered maximum at each level, and every effort should be made to expedite the process. Time limits specified may be extended or shortened by mutual agreement. Failure to initiate a grievance within specified time limits shall be deemed a waiver of the right to process said grievance. Failure to appeal any decision rendered to the next step of the procedure within the time limits specified shall be deemed to be a waiver of the right to continue the processing of the grievance.

2. In the event a grievance is filed at such a time that it cannot be processed through all the steps in this grievance procedure by June 30 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 may be reduced by mutual agreement so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.
D. Sequence of Levels for Resolving Grievances.
Level One. Any teacher, et al, having a grievance shall, within fifteen (15) school days of the occurrence thereof, submit said grievance in writing to the Building Principal, and shall meet with the Principal in an effort to resolve the matter.
Level Two. If the aggrieved person is not satisfied with the disposition of the grievance at Level One, or if no decision has been rendered within seven (7) school days after the presentation of the grievance, the grievant must notify the Association, which may file the grievance in writing with the Superintendent of Schools within five (5) school days after the decision at Level One, or twelve (12) school days after the grievance was presented at Level One, whichever is sooner.

Level Three. If the aggrieved person is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within ten (10) school days after the grievance was delivered to the Superintendent, the grievant must notify the Association, which may, within five (5) school days after a decision by the Superintendent, or fifteen (15) school days after the grievance was delivered to the Superintendent, whichever is sooner, submit the grievance in writing to the Board of Education. If the Association requests a hearing before the Board on the grievance, the Board or a committee composed of at least two (2) Board members shall hold a hearing within thirty (30) school days of receipt of the grievance. The Board shall only be required to hold up to five (5) such hearings per year. At any hearing, more than one (1) grievance may be presented by the Association.
Level Four. If the aggrieved person is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within five (5) school days after the next regularly scheduled meeting of the Board, the grievant must notify the Association, which may, within ten (10) school days after a decision by the Board, or fifteen (15) school days after the last regularly scheduled meeting of the Board, whichever is sooner, submit the grievance to arbitration, provided that the grievance concerns an alleged violation, misinterpretation or misapplication of the terms of this Agreement. This level shall be the terminal step for all other grievances.
a. Procedure for Invoking Arbitration. The demand for a list of arbitrators shall be made to the Public Employment Relations Commission in accordance with its rules and regulations.
b. Jurisdiction of the Arbitrator. In rendering a decision, the arbitrator shall be limited to the facts as presented. The arbitrator shall not have the authority to add to, modify or detract from the specific or express terms of the Agreement. The decision shall be rendered in writing and shall be binding.
c. Costs of Arbitration. The costs for the service of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the costs of the hearing room, if any, shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.
d. Exclusions from Arbitration. The following shall be excluded from binding arbitration:
(1) The failure or refusal of the Board to renew the contract of a non-tenured employee;
(2) In any matter wherein a specific method of review is set forth by law, or by any rule, regulation or order of the State Commissioner of Education or the State Board of Education;

(3) Any complaint by any personnel occasioned by the appointment or lack of appointment, or retention in, or lack of retention in any position for which tenure is either not possible or not required;
(4) In matters where the Board is without authority to act;
(5) Any matter in which a petition in the district has been filed before the Division of Controversies and Disputes of the Office of the Commissioner of Education, whether or not covered by (1) through (4) set forth heretofore.
E. Rights to Representation.
1. Any aggrieved person may be accompanied at all stages, including Level One, of the grievance procedure by his/her representative. The Association shall have the right to be present and to state its views at all stages of the grievance procedure.
2. Any participant in the grievance process shall be assured freedom from restraint, interference, coercion, discrimination or reprisal by reason of such participation.
F. Miscellaneous.
1. If, in the judgment of the Association, a grievance affects a group or class of teachers, the Association may initiate such grievance by submitting it in writing to the Superintendent of Schools directly, and the processing of such grievance shall be commenced at Level Two. This grievance shall be signed by at least one of the teachers who claim to be an aggrieved person.
2. The grievance form currently in use in the district shall continue to be used in the processing of grievances. Any modifications shall be jointly agreed to.
3. All meetings and hearings under this procedure shall not be conducted in public and shall include only the aggrieved person and his/her designated or selected representatives, Association representatives heretofore referred to in this Article, and appropriate administrative representatives.
4. There need be no agreement between the Board and/or the Administration and the aggrieved person that the matter submitted in accordance with the grievance procedure is grievable.
5. Decisions rendered at all levels of this procedure shall be in writing, setting forth the decision and the reasons therefor. A copy of all decisions shall be provided to the Association.
6. 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.
7. The Association may initiate and process a grievance through all levels of this procedure even though the aggrieved person does not wish to do so.

ARTICLE III

ASSOCIATION RIGHTS
A. The Board agrees to furnish to the Association, in response to reasonable requests from time to time, public information concerning the educational program and the financial resources of the district and such other public information that shall assist the Association in developing intelligent, accurate, informed and constructive programs on behalf of the teachers, together with public information which may be necessary for the Association to process any grievance or complaint.
B. Whenever any representative of the Association or any employee participates during working hours in mutually scheduled negotiations, grievance proceedings or conferences or meetings with any administrator, the Board, or any Board member or representative, the employee shall suffer no loss in pay.
C. The Association and its representatives shall have the right to use school buildings at all reasonable hours for meetings. The Association shall follow the existing procedure to acquire such building use.
D. The Association shall have the right to use school facilities and equipment, including computers, duplicating equipment, calculating machines and all types of audio-visual equipment at reasonable times when such equipment is not otherwise in use. The Board of Education photocopier and other equipment will also be available for Association use on a limited special need basis with one (1) day's advance notice to the office of the Superintendent. The Association shall pay for the actual cost of all materials and supplies incident to such use. The Association will replace or repair equipment damaged as a result of such use.
E. The Association shall have the right to utilize existing bulletin boards in faculty lounges or teacher dining rooms. The Association shall, at its option, have the right to exclusive use of bulletin boards to be provided by the Association. In such event, the size and location of new bulletin boards shall be mutually agreed to by the Association and the Superintendent.
F. For the life of this Agreement, the Board agrees to provide office space to the Association. The location of such space shall be determined mutually by the Board and the Association, subject to the Board's right to utilize said office space, if needed, for other educational purposes. In such event, the Board and the Association shall mutually determine an alternate location. The Association shall be allowed to have a telephone installed in such office at its own expense.
G. The rights and privileges of the Association and its representatives as set forth in this Agreement shall be granted only to the Association as the exclusive representative of the employees, and to no other labor organization. In the event of an election to determine the exclusive representative of the teachers, this provision shall not be in effect from the time an election is either consented to or ordered until the completion of the election.
H. The President of the Association may request to be released from his/her assigned duty on an individual case basis as the need arises to conduct Association business. The Superintendent will evaluate these requests and approve them when it appears that such approval will be of mutual benefit to the Board of Education and the Association.
1. The President of the Association shall only be required to attend one (1) evening assignment (Back-to-School), and shall not be involuntarily assigned to a co-curricular activity.
I. The Association shall be able to use the mailboxes and interoffice mail facilities.

ARTICLE IV
TEACHERS' RIGHTS
A. Pursuant to the Employer-Employee Relations Act, the Board and the Association agree that every member of the unit shall have the right freely to organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection, or to refrain from such activities. The Board and the Association undertake and agree that they shall not directly or indirectly discourage or deprive or coerce any teacher in the enjoyment of any rights conferred by the Employer-Employee Relations Act, or other laws of New Jersey or the constitutions of New Jersey or the United States.
B. Nothing contained herein shall be construed to deny or restrict to any teacher such rights as he/she may have under New Jersey School Laws or other applicable laws and regulations. The rights granted to teachers hereunder shall be deemed to be in addition to those provided elsewhere.
C. No teacher shall be disciplined, reprimanded or reduced in rank or compensation without just cause. Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the grievance procedure herein set forth. For purposes of this provision, discharge, removal, or non-renewal shall not be considered as discipline, reprimand or reduction in rank or compensation.
D. Whenever any teacher is required to appear before any Administrator or Supervisor, the Superintendent, Board or any committee thereof for a meeting or conference, the purpose of which adversely concerns the continuance of that teacher in his/her office, position, or employment or adversely concerns salary or any increments pertaining thereto, he/she shall be given prior written notice of the reason for such meeting or conference and shall be entitled to have a representative of the Association present to advise and represent him/her during such meeting or conference, provided that no unreasonable delay shall be incurred in the scheduling of such meeting due to a lack of representation.
E. The Board shall provide a job description of co-curricular jobs for which compensation is provided. This description shall be prepared by the Board of Education in consultation with the Association.

ARTICLE V
BOARD'S RIGHTS
A. The Association recognizes that the Board has certain powers, rights, authorities, duties and responsibilities vested in it by the laws of the State of New Jersey and of the United States. It is understood that these include the rules and regulations included in the New Jersey Administrative Code, an official publication of the State of New Jersey, as well as requirements coming from the New Jersey Commissioner of Education in the form of memoranda.
B. In exercise of its discretionary authority, as aforesaid, the Board reserves the right to implement decisions except as limited by the specific terms of this Agreement. Insofar as these decisions affect or modify the terms and conditions of employment specified in this Contract, the Board agrees to negotiate the impact of such changes prior to implementation.

ARTICLE VI
WORK YEAR
A. The in-school work year for teachers employed on a ten (10) month basis shall not exceed 183 days plus two (2) full in-service workshop days, except for the new teachers who may be required to attend five (5) additional orientation days. The teacher year will end on the same day as the student year.
The work year of the Athletic Trainer shall be governed by the athletic needs of the District, such as the District’s athletic schedules, tournaments, and any other related athletic events.  The work year of the Athletic Trainer shall be August 15th through June 15th.  The Athletic Trainer shall receive sixty (60) days’ notice of termination.  
B. The in-school work year shall include days when pupils are in attendance, orientation days, and any other days on which teacher attendance is required.
C. Prior to the Board's adopting the school calendar, the Superintendent shall submit a copy of the proposed calendar to the Association and shall meet, upon request, with the Executive Committee of the Association to discuss and consider suggestions regarding the calendar.
D. Each teacher shall be notified of his/her tentative building(s), subject area and grade level assignment for the ensuing year on or before the last day of school of the preceding year. The Board reserves the right to change a teacher's assignment after such notification.
E. Effective July 1, 2013, if there are two unused snow/emergency days by May 1st, the Board will utilize one of those snow/emergency days on the Friday of Memorial Day weekend.
F. Any additional compensation will be provided on a per diem basis. The per diem rate calculation is 1/200 of annual base salary. All partial contracts shall use the same 1/200 per diem rate.
G. In the event that the District requires teachers to work during a period when school was not in session due to the exhaustion of emergency days (i.e., increment weather days), a teacher who made travel or vacation plans prior to February 15 and those plans cannot be changed shall provide written notice and documentation to the Superintendent. Upon the prior approval of the Superintendent, the teacher shall be permitted to utilize accumulated unused sick days for such absence. For every one (1) day of absence on a reinstated school day, four (4) days accumulated unused sick days shall be deducted from the teacher’s accumulated unused sick day bank.


ARTICLE VII
WORK LOAD
A. In-School Work Day. The total in-school workday for all members of the bargaining unit shall consist of not more than seven (7) hours and twenty (20) minutes, which shall include a duty-free lunch period.
The work day for the Athletic Trainer shall mean 1:30 p.m. daily through the conclusion of the last athletic event on school days.  The work day on Saturdays and Sundays shall be governed by the athletic needs of the District, such as the District’s athletic schedules, tournaments, and any other related athletic events.
Effective September 1, 2018, a rotate and drop schedule shall be implemented at the High School. A teacher scheduled to teacher five (5) classes (15 periods) in each four (4) day rotation shall have four (4) duty periods, five (5) preparation periods, four (4) professional periods, and four (4) duty free lunch periods (one (1) per day). A teacher scheduled to teach six (6) classes (18 periods) in each four (4) day rotation shall have six (6) preparation periods, four (4) professional periods, no duty periods and four (4) duty free lunch periods (one (1) per day).
B. Lunch Period.
1. Teachers shall have a daily duty-free lunch period coextensive with that of the students.  The Athletic Trainer shall not be provided with a duty free lunch period and will take lunch prior to the commencement of each work day.
2. The Board may solicit volunteers to cover cafeteria duty for part of the teachers' normal lunch period. For each ten (10) minute segment, the annual compensation shall be $1,549 for 2018-19; $1,549 for 2019-20 and $1,549 for 2020-21. In the event of an emergency (bona fide), the Board shall have the right to assign teachers.
3. The lunch period for school nurses shall be scheduled with consideration for student lunch periods and recess times.  If, due to student injury or illness, a school nurse’s lunch period is interrupted, the school nurse shall be provided with compensatory lunch time on that day equal to the time missed due to the student injury or illness.
C. Preparation Time.
1. Teachers in grades kindergarten through grade 6 shall have at least six (6) preparation periods of forty (40) minutes each per week, which shall be scheduled so that teachers shall have at least one (1) such period daily.  Teachers in grades 1-6 shall also have one (1) additional preparation period of thirty (30) minutes each per week, scheduled at the discretion of the Superintendent or his/her designee.  (This represents the status quo for grades 5 and 6).

a. Any teacher who is required to substitute for another teacher during his/her only preparation period for the day shall be compensated per period $47.81 for 2018-19; $47.81 for 2019-20 and $47.81 for 2020-21.  Elementary teachers' before and after school preparation shall not count as a second preparation period.
2. Teachers for other grades shall have at least one (1) preparation period per day.  The Athletic Trainer shall not be provided with a preparation period. Teachers at the High School shall have a minimum of five (5) preparation periods per four (4) day rotation.
3. Nurses, media specialists and guidance counselors shall be permitted to leave their assigned areas for brief recess periods during the course of a day. Preparation for assigned classes will also be permitted during the course of a day, provided this preparation does not interfere with the regular functions of the health office, media center and guidance offices.
D. Meetings. Teachers may be required to remain after the end of the regular workday without additional compensation to attend professional meetings called by the Administration, up to three (3) days per month. These meetings may be used either singly or consecutively for purposes of dissemination of information, professional development, curriculum review, textbook review, or other purpose related to the education mission of the district. Faculty meetings will not be used to teach courses. Meetings which take place after the regular in-school workday for which attendance is required shall not be called on Fridays or on days immediately preceding holidays. In addition to these three (3) meetings, teachers will continue the practice of meeting with parents, members of the child study team, guidance counselors, principals, and other contact as per past practice. The time of such conferences shall be mutually agreed upon and shall be within two (2) working days of the request for the conference.
1. Notice of any unscheduled meeting shall be given at least one (1) school day prior to the day on which the meeting is to be held. Unscheduled meetings are those for which a schedule of dates has not been previously announced. Dates may be defined as actual calendar dates or as a set pattern, such as the first Monday of each month. Notification for unscheduled meetings may be made in person or by the posting of notices in a conspicuous location.
2. In addition to the preceding, the Association recognizes that an important aspect of a well-rounded educational program is teacher-student involvement outside of classroom contacts. To foster this, the Association agrees to encourage teachers to volunteer for such evening duties as chaperons at school dances, assistants at concerts, and other school programs when teacher presence is desirable.
3. In the event that sufficient volunteers cannot be obtained to meet these needs, the Board of Education shall have the right to assign teachers to these duties without additional compensation. However, no individual teacher shall be involuntarily assigned more than three (3) evening duties in any school year, unless such functions are part of the teacher's existing instructional program, in which case two (2) additional evening duties may be assigned. For any meetings beyond the limits set forth above, the Board agrees to compensate at the rate per hour of $27.77 for 2018-19; $27.77 for 2019-20 and $27.77 for 2020-21. It is understood that none of these evening duties shall be used for an open house program.
4. The Athletic Trainer shall not be required to attend faculty meetings.  The Athletic Trainer shall attend one (1) annual conference at Board expense, upon prior approval by the Superintendent, in order to maintain current licensure.  Additionally, the Athletic Trainer shall participate in continuing education in order to satisfy the licensure requirements, i.e. 80 continuing education credits over a three (3) year period.
E. Teaching Periods.
1. A high school teacher shall not be assigned to more than five (5) classes (fifteen (15) periods) per four (4) day rotation, except in the case of visual and practical arts, physical education, and music teachers, who may be assigned up to six (6) classes (eighteen (18) periods) per four (4) day rotation. Teachers in the high school science department may be assigned up to seventeen (17) periods per four (4) day rotation.  Science teachers assigned to more than fifteen (15) periods per four (4) day rotation shall be paid $2,000 per period to a maximum of $4,000 per year. Teachers of Math, World Language, Language Arts, and Social Studies, including shared high school / middle school staff members in these categories, assigned to more than fifteen (15) periods per four (4) day rotation, shall be paid $2,000 per period to a maximum of $4,000 per year.
2. The normal workweek for middle school classroom teachers, other than specialists, shall be twenty-five (25) periods. Middle school specialists in art, music, computers, and physical education may be assigned up to thirty (30) teaching periods (or the equivalent time) per week. Teachers of Science, Math, World Language, Language Arts and Social Studies, including shared high school / middle school staff members in these categories, assigned to thirty (30) periods shall be paid $4,000 per year. If assigned to thirty (30) periods for one-half a year, shall be paid $2,000 per year.
3. If a middle school classroom teacher is assigned six (6) teaching periods per day, he/she may be assigned up to one duty period per day.  
4. Elementary specialists in art, music, computers and physical education may be assigned up to thirty (30) teaching periods (or the equivalent time) per week.
5. Courses taught entirely on line by District teachers will be considered a teaching period and will be considered such for all items pertaining to a teaching period.
F. Class Preparations. The Board agrees that the district average number of class preparations per teacher shall not exceed 3.0. Class preparations shall be defined as those courses in grades 7-12 which meet the following two criteria:  (1) separate courses of study, and (2) requiring separate and distinct lesson plans. In the event individual teachers have more than four (4) preparations assigned, then they shall receive second preparation periods.
1. The average number of preparations per teacher shall be computed by dividing the total number of preparations assigned to all 7-12 classroom teachers in mathematics, science, social studies, world language and language arts by the total full-time and equivalent part-time 7-12 grade classroom teachers in those departments. Courses taught entirely on line by District teachers will be considered a class preparation, and will be considered such for all items pertaining to class preparations.
2. The Board agrees to maintain the averages specified for the term of the Agreement.
G. Part-Time Teachers.
1. Time worked in the schools on a daily basis will be divided by 7 hours and 20 minutes to ascertain annual salary.
2. Insurance coverage begins at 3 hours and 40 minutes of daily work based upon a five (5) day week.
3. Pay for mandatory staff development workshops shall be prorated on the 7 hour and 20 minute figure.
4. There will be no guaranteed prep, no required duties, no other assignment except on an "as needed basis," for which the teacher will be paid as part of the formula.
H. Department Heads.
1. a. K-12 Department Heads for Mathematics, Science, Social Studies, Visual and Practical Arts, Music, Education and Performing Arts, Information Services, World Languages, Health and Physical Education and Interdisciplinary Technology will normally be assigned two (2) teaching assignments per day, but may be assigned up to three (3) if required. Additional teaching assignments may be granted when voluntarily requested by the Department Head or on a half-time basis if the Department Head is assigned to an elementary school.
b. K-6 and 7-12 Language Arts Department Heads will normally be assigned four (4) teaching assignments per day.
2. Department Heads shall receive the following annual stipends for 2018-19, 2019-20, and 2020-21:
Technology and Information Services $8,000
Language Arts K-6 $4,545
Mathematics $6,784
Language Arts 7-12 $4,545
Fine, Performing and Practical Arts $8,000
Science $6,784
World Language and Social Studies $8,000
STEM $6,784
3. The Department Head for Fine, Performing and Practical Arts, or designee, will receive a stipend of $85.49 per evening for 2018-19; $85.49 per evening for 2019-20 and $85.49 per evening for 2020-21, in recognition of the large number of evening responsibilities required of this position (based upon previously approved evening activities per the 1994-95 school year).
4. Conference Attendance. Department Heads may apply to the Superintendent to attend regional or national conferences in their subject areas.  The Superintendent's determination will be based on the value of the experience to the Department Head's continued leadership in the district.

ARTICLE VIII
SICK LEAVE
A. Personal Illness.
1. Allowances for absence at full salary.
a. Teachers shall be allowed sick/family illness leave with full pay as ten (10) month employees beginning with July 1st and ending June 30th of each school year.  If any such person requires in any school year less than this specified number of days of sick/family illness leave with pay allowed, all days of such leave not utilized that year shall be cumulative, to be used for additional sick/family illness leave as needed in subsequent years.
b. Teachers shall receive sick/family illness days in the following manner:
Year Sick/Family Illness Days
1, 2, 3 12
4 (tenure year) - 9 13
10 - 14 14
15 and thereafter 15
2. Sick/family illness leave is hereby defined to mean the absence from one's post of duty because of personal disability due to illness or injury, or because of exclusion from school by a personal physician or the district's medical authorities because of contagious disease or being quarantined for such a disease in immediate household or in the case of illness of a parent, brother, sister, husband, wife, child, or any relative living at the teacher's home.
3. The Board, in its discretion, may grant additional sick leave without loss of pay.
B. Statement by Physician.
1. When absence for personal illness exceeds four (4) consecutive school days, a physician's statement shall be filed with the Secretary of the Board. In case of frequent or intermittent illness, the Board or Superintendent may require the teacher to submit to an examination or examinations by the school physician, or require the teacher to submit a statement from the attending physician.
2. When requested by the Superintendent, any employee using a sick day immediately before or after a vacation period when school is closed shall submit to the Superintendent a physician's statement.
C. Extended Personal Illness. Whenever an absence due to personal illness exceeds the number of days for which a teacher is covered herein, the Board in its discretion may grant additional sick days in accordance with statute.
D. By September 30 of each year, the Board shall give to each teacher, upon request, an accounting of his/her accumulated sick leave days.
ARTICLE IX
TEMPORARY LEAVES OF ABSENCE
A. Personal Leaves.
1. Teachers are entitled to personal leave in accordance with A.3 below. All teachers must provide a written request to the Superintendent three (3) days in advance of the date of leave requested. It is agreed that any personal leave taken will abide by the following:
a. These days will not be used for matters of entertainment, recreation or shopping, etc., and will be used to conduct those matters of importance that cannot be transacted outside of normal school hours;
b. These days will not be taken during the first or last week of the school year;
c. These days will not be taken immediately before or after a vacation day when school is closed, unless (1) the wedding or graduation of an employee or member of his/her immediate family falls upon such a day; or (2) school is closed for a religious holiday, which is for one (1) day before or beyond the school closing and the personal day is taken for religious observance of that holiday.
d. If more than one (1) personal day is to be taken consecutively, including Monday-Friday combinations, reasons will be given.
e. One personal day can be taken immediately before or after a school holiday if for attendance at a graduation ceremony and accompanying events of an immediate family member, and the travel to such events exceeds 100 miles.
f. One personal day can be taken immediately before or after a vacation day if for attendance at a wedding and accompanying events for an immediate family member and the travel to such events exceeds 100 miles.
g. One personal day can be taken immediately before or after a vacation day if the day taken immediately precedes the staff member’s own wedding, regardless of location.
h. Unused personal leave days shall convert to sick days and shall accumulate in accordance with statute.
2. Emergency Leave. One (1) of the three (3) personal days may be used annually for emergency purposes with prior notification by telephone to the superintendent's office. The employee will complete the appropriate paperwork upon returning to work.
3. New Hires Personal Leaves (New Employees). Teachers shall receive in the first four (4) years of their employment one (1), one (1), two (2), and two (2) personal days for each year, respectively. Upon receiving tenure, they shall receive three (3) personal leave days as set forth in A.1 above. Use of these days shall be governed by A.1.a-d above.
B. Death in the Immediate Family.
1. Absence of five (5) days without loss of salary shall be allowed an employee in case of death of the following in his/her immediate family or household:  mother, father, sister, brother, daughter, son, wife, husband, father-in-law or mother-in-law. If during such a period the teacher is absent for a personal illness, a personal injury or any other excused absence, such absence shall apply. If at a later date circumstances directly related to the death necessitate additional absence, this provision providing up to five (5) days may be granted at the discretion of the Superintendent.
2. In the case of the death of a grandparent, no deduction will be made for absence on the day of the funeral, and up to a total of four (4) additional days may be granted at the discretion of the Superintendent.
3. In case of death of nephew, niece, uncle, aunt, brother-in-law or sister-in-law, not living with the immediate family, no deduction shall be made for absence on the day of the funeral.
4. In cases not covered in 1 and 2 above where attendance at a funeral is expected of or incumbent upon a teacher, deduction of the pay of a substitute shall be made during the necessary absence.

C. Compliance with Court Order. A teacher will receive full pay if he/she is absent for jury duty, or in compliance with a Court Order as a material witness, or if the action against the teacher is dismissed or results in a final decision in favor of the teacher.
D. School Business Leave.
1. Teachers are encouraged to request two (2) days of absence in each school year for the purpose of attending conferences or visiting schools for observation, discussion, and related professional interests.  Such absences, as recommended by the Principal and approved by the Superintendent, shall not entail loss of pay.  One (1) of the two (2) days can be used for in-school professional planning.  Teachers applying for in-school professional planning must submit an action plan to the building principal for approval.  The decision of the building principal shall be non-grievable.  The days shall be scheduled at the discretion of the building principal.  In the case of the elementary school, only one (1) grade from both buildings shall be scheduled on one (1) day.  In the case of the middle school and high school, only one (1) department from either school may be scheduled on one (1) day.  These days shall not be used for department meetings.
2. Absence of teachers for purposes of attending professional meetings or conventions shall be subject to recommendation of the Principal and approval of the Superintendent. These shall be without loss of pay unless specifically agreed otherwise in advance.
E. Allotment of Days.
1. If, in the opinion of the Superintendent, unusual circumstances warrant that an exception be made in the allotment of days for illness in the immediate family, death in the immediate family, or absence for personal reasons, unused days in all of the above categories may be transferred to the advantage of the teacher, provided that the total number of days requested without deduction does not exceed thirteen (13).
2. In each instance, the approval of the Superintendent must be obtained in writing.
F. Definition of Half-Day.
1. Half-day, for purpose of absence, shall be defined as up to three (3) hours and forty (40) minutes.


ARTICLE X
EXTENDED LEAVES
A. Disability and Child-Rearing Leaves.
1. Any teacher shall be granted, upon request, a leave of absence by the Board. Such requests shall be made in writing at least sixty (60) days prior to the requested commencement date of the leave, and shall include the commencement date of the leave, and one of the following dates of return:
a. Any date within sixty (60) days of the commencement of leave in which it would be reasonably expected that the teacher would be physically able to return to her duties, or
b. The beginning of any semester within a two (2) year period from the commencement of the leave.
2. The teacher shall begin her leave on the date requested, or if her physical condition is in question, then her leave shall begin when she is no longer able to produce a certification from her physician that she is medically able to continue her duties. The Board shall have the right to place a teacher on disability leave if it is determined that she can no longer perform the duties of her job.
3. The leave shall terminate on the date specified unless the teacher requests an extension, whereupon the leave may be extended for an additional period of time for reasons associated with the pregnancy, birth or for other cause. If the Board questions the teacher's physical condition or capacity to resume her former duties, then the teacher shall produce a certification from her physician that she is medically able to resume her teaching duties.
4. Notwithstanding anything contained herein, the Board does not have to extend such leave of absence of a non-tenured teacher beyond the end of the contract year in which the leave is obtained.
5. Any teacher adopting an infant child of one (1) year of age or less shall be entitled to the same privileges under this Article. The leave of the adopting teacher shall commence upon receiving de facto custody of said infant, or earlier if necessary to fulfill the legal requirements for the adopting.
6. For the period of disability related to the teacher's pregnancy and childbirth, the teacher may elect to use her accumulated sick leave and receive full pay and benefits if medical certification of the disability is presented. The normal period of disability shall be defined to be four (4) weeks prior to the expected delivery and extending four (4) weeks after the actual delivery, or any other period of time during which the teacher is medically disabled. This paragraph will not be applicable if the teacher commences her maternity leave prior to her period of disability.
B. Extended Leave of Absence. The Board may grant an extended leave of absence without pay if provisions herein set forth have been exhausted.  All benefits to which a teacher was entitled at the time the leave of absence commenced, including unused accumulated sick leave and credits toward sabbatical eligibility, shall be restored upon return, and the health insurance shall be available at the teacher's expense during the term of the leave. Notwithstanding the above, teachers with fifteen (15) or more years of service in the New Providence school system who are granted extended leaves of absence shall have their health insurance coverage paid by the Board for a period of one (1) year, provided that such teachers are not in military service or located outside of the United States. The Superintendent shall make a reasonable effort to return the teacher to the same position held prior to taking said leave.
1. Any extended leave of absence shall end at the beginning of a semester and shall not be granted for more than a two (2) year period.
2. Any employee on an extended leave of absence shall notify the Board prior to March 1 whether it is his/her intention to return to his/her duties on September 1 of the next school year.
ARTICLE XI
SALARY
A. Guides.
1. The salary guides for this Agreement are set forth in Appendix I. The guides reflect an average increase of 3.15% for 2018-19, 3.00% for 2019-20, and 2.90% for 2020-21 inclusive of increment in the years of this Agreement and are based on the previous year's salary guide.
2. All qualified employees shall advance one step on the guide in Years One and Two, until reaching step 15.
3. To reach any column designated with an M, the employee must have a Masters Degree.
      Longevity. Each teacher who as of June 30, 2018; 2019 and 2020 shall receive the following:
2018-19 2019-20 2020-21
Years of Service

20-24 $1,800 $1,800 $1,800

25-29 $4,600 $4,600 $4,600

30 and more $5,400 $5,400 $5,400


C. Coaches.
1. a. All Coaches who were employed for the 1997-98 school year and who continue in the same position will continue to receive their 2010-11 stipend.  Once a coach’s salary reaches the level of the current contract’s salary guide, the coach’s salary will be as per the salary guide for the next contract period.  No additional experience points will be granted.
b. No Coach will be replaced for the sole purpose of reducing the salary paid for the position. However, the Board reserves the right to eliminate coaching positions or to replace individuals for reasons of incapacity, disability, or inadequate performance of their job, subject to the grievance procedure. A Coach who moves to a higher paying coaching job will move to the new salary guide, but will not suffer any reduction in pay.
c. Nothing contained herein shall preclude the Board from replacing Coaches who are not full-time staff members at New Providence with qualified teaching staff members employed in this district.

2. a. All Coaches will be remunerated in accordance with the following salary guide.
2018-19 2019-20 2020-21
Coach

Football $11,075 $11,075 $11,075

Spring Track $8,998 $8,998 $8,998

Wrestling           $8,998 $8,998 $8,998
 
Basketball $8,998 $8,998 $8,998

Winter Track $8,304 $8,304 $8,304

Baseball $8,304 $8,304 $8,304

Softball $8,304 $8,304 $8,304   

Lacrosse $8,304 $8,304 $8,304     

Soccer $8,304 $8,304 $8,304

Swimming $6,922 $6,922 $6,922

Cross Country $6,922 $6,922 $6,922

Tennis $6,922 $6,922 $6,922

Volleyball $6,922 $6,922 $6,922

Golf $6,229 $6,229 $6,229

Cheerleading $5,537 $5,537 $5,537

b. Assistant Coaches will receive 70% of the above salary if they are First Assistant (Varsity or Junior Varsity), and 60% if they are designated as the Second Assistant (Freshman).

D. Other Co-curricular Positions. Other co-curricular positions not enumerated in paragraph C above will be compensated either based upon a base point system or pay rate system as set forth in Appendix IV. The base point value for this Agreement is $158.00 for 2018-19, 2019-20, and 2020-21.
E. When a payday falls on or during a school holiday, vacation or weekend, the present practice of issuing paychecks on the last preceding working day shall be continued.
F. The Board shall provide, on an individual basis, for deductions to the County Educators Federal Credit Union. Deductions must be in even dollar amounts divisible by two (2), with a minimum permissible amount of $2.00. Authorization cards must be in the County Educators Federal Credit Union office by July 15th of each school year for September 1st deduction.
G. The Association agrees that the deduction for professional dues will not be changed during the school year.
H. The Board shall provide, on an individual basis, for deductions from salaries to a tax-deferred annuity program. The carrier or broker for multiple carriers shall be mutually decided by the Board and the Association. In the event of multiple carriers, the Board of Education offices shall be responsible to one (1) custodian, thereby representing no increase in office workload.

I. The Board will pay traveling teachers who travel to two (2) buildings per day $44.44 for per month for 2018-19; $44.44 per month for 2019-20 and $44.44 per month for 2020-21, and traveling teachers who travel to more than two (2) buildings per day $62.95 per month for 2018-19; $62.95 per month for 2019-20 and $62.95 per month for 2020-21 in lieu of mileage, when using their personal automobiles. Traveling teachers are those who have teaching assignments in more than one (1) building, and will be permitted a minimum of twenty (20) minutes of travel time per day. Teachers who must travel out of district shall be paid, in addition to $81.45 per month for 2018-19; $81.45 per month for 2019-20 and $81.45 per month for 2020-21, the appropriate rate set by the NJ OMB rate per mile for each out of district mile over one hundred (100) miles traveled during a month. The rate will be adjusted annually in July.  Should the OMB rate be repealed, the rate shall revert to the IRS.
J. Any additional compensation will be provided on a per diem basis. The per diem rate calculation is 1/200 of annual base salary. All partial contracts shall use the same 1/200 per diem rate.


ARTICLE XII
TUITION REIMBURSEMENT AND PROFESSIONAL DEVELOPMENT
A. Teachers shall be eligible for course reimbursement for college credits taken with the prior approval of the Superintendent of Schools. Payment will be made for those credits satisfactorily completed and for which a paid receipt from the institution or cancelled check made payable to the institution, together with a transcript or other document issued by the institution's registrar, is presented to the Board Secretary. Payment will be made after the next business meeting following presentation of the foregoing documentation, provided all information was submitted to the Board Secretary fifteen (15) days prior to the scheduled Board meeting date. This reimbursement will be available for up to twelve (12) credits annually.
B. Only employees under contract to the New Providence Board of Education at the time the payment is to be made will be eligible for reimbursement. Teachers who have not submitted a reimbursement voucher with appropriate documentation prior to the end of a given school year will receive reimbursement only if they honor the following year's contract with the Board.
C. To be eligible for reimbursement, the course must:
1. Be taken at or online through a college or university and accredited by the Council for the Accreditation of Educator Preparation (CAEP);
2. Be related to the teacher’s present job responsibilities or be in the best interest of the District, as determined within the Superintendent’s sole discretion. Any decision related to same shall be non-grievable;
3. Have the prior approval of the Superintendent;
4. Lead toward a Master’s Degree. Courses not required to obtain a Master’s Degree or earned after the movement to the Master’s column shall not be eligible for reimbursement, unless approved by the Superintendent; and
5. Be completed with a final grade average of B or better.
D. Reimbursement for college credits in any year shall be at the Kean University rate.
E. Reimbursement may also be made for educational institutes, workshops or courses taken at a non-accredited institution with the prior approval of the Superintendent. Reimbursement shall be computed at the rate of one hundred (100%) percent of the cost of the course, workshop or institute up to a maximum of $100 per teacher per year, and shall be paid within sixty (60) days following submission of a reimbursement voucher and receipt for the workshop, course or educational institute.
F. Professional Development.
1. In accordance with N.J.A.C. 6:11-13, the Association and the Board pledge to cooperate through the local district professional development committee in forming the district professional development program in accordance with the standards established by the State Professional Teaching Standards Board and Commissioner of Education. The program shall include, but not be limited to, the following annual opportunities for each teacher:
a. At least two (2) professional days for each teacher as per Article IX.D of this Agreement.
b. Two (2) full in-service workshop days of six (6) hours duration as per Article VI.A of this Agreement.
c. College credits approved under Article XII of this Agreement.
2. The district will maintain a record of the number of hours of continuing education credits completed by each teacher and provide each teacher with an accounting of accumulated credits each September. Any discrepancies between the district and a teacher's records should be noted within thirty (30) days of receipt of the Board records.
3. All the above is subject to N.J.A.C. 6:11-13 and amendments.

ARTICLE XIII
INSURANCE
A. Employees shall contribute an amount established by P.L. 2011, Chapter 78 toward payment of premiums.  Should P.L. 2011, Chapter 78 be repealed during the term of the Agreement, the Association agrees to meet with the Board and reopen negotiations on the issue of health benefits contribution.  The obligation of employees to contribute toward their medical insurance cost shall be effective upon their employment with the Board.
1. As of September 1, 2005, all members and their dependents, who were enrolled in the comprehensive type program, shall be enrolled in a 100/90/70 PPO plan.  
2. Employees shall be permitted to enroll in a PPO, HMO, an EPO, or a high deductible medical benefit plan.
Effective the date of ratification of this Agreement, all new hires have only the choice to enroll in the EPO Plan or the High Deductible Plan.
Effective July 1, 2019 for the period July 1, 2019 to June 30, 2020, any employee who moves from POS to EPO shall receive annual payment of $400 for single coverage, $750 for family, employee/child or employee/spouse coverages.  If employee stays in EPO for the period July 1, 2020 to June 30, 2021, the employee shall receive an annual payment of $400 for single coverage, $750 for family, employee/child or employee/spouse coverages. This provision shall terminate on June 30, 2021.
Effective July 1, 2020 for the period July 1, 2020 to June 30, 2021, any employee who moves from POS to EPO shall receive a one-time payment of $400 for single coverage, $750 for family, employee/child or employee/spouse coverages.  This provision shall terminate on June 30, 2021.
3. New hires will be eligible for coverage immediately.  Employees and dependents who have continuous coverage under the prior group contract and/or other previous health coverage, with no break in coverage of sixty-three (63) days or more, will not be subject to the pre-existing exclusion.  If the exclusion applies, for the first twelve (12) months after an eligible person’s enrollment under the contract, no benefits will be provided for services incident to, resulting from or relating to any disease, injury or condition, which was treated or diagnosed by a health care professional within the six (6) month period prior to enrollment for that person.  This does not apply to children who become enrolled within thirty (30) days of birth or adoption.
4. The medical policy will provide coverage for dependents until the end of the calendar year when the dependent turns 26.  The dental policy will provide coverage for dependents to age 19, with such dependent coverage extended to age 25 for full-time students.

5.   As of July 1, 2007, mental health inpatient maximum, under the PPO plan, will be increased to 30 days and outpatient to 60 visits.
6. A PPO plan summary book shall be available in an electronic format accessible by the teachers.
7. Coverage and benefits not listed on the 100/90/70 summary plan document, which are currently covered under the comprehensive plan, shall be included in the PPO plan.
B. The policy is on file in the Board office, summarized in a descriptive booklet available in an electronic format, and includes:
1. Coverage for dependents to age 26 as limited by the policy.
2. Three hundred sixty-five (365) day coverage.
3. Option for teachers who are retiring, on maternity leave, extended medical leave, or any other approved leave, to continue such coverage by paying the premium at the group rate to the Board. This coverage shall be at the usual and customary rate schedule. The above coverage may include mandatory cost-saving features as:
a. Second surgical opinion requirements;
b. Same day surgery requirements; and
c. Error-free billing programs.

C. The Board will offer alternative HMO coverage worth $15.00 co-pay for primary doctor and $25.00 for specialist referrals.
D. The Board shall provide dental insurance coverage for employees and their dependents in accordance with the dental insurance program currently in effect.
E. The Board reserves the right to name the carrier to underwrite medical care benefits and to change said carrier, so long as substantially similar benefits are provided.
F. Insurance coverage will terminate at the end of the month of the effective date of the resignation of the employee.
G. Effective May 1, 2013, the District shall offer a voluntary health/dental insurance waiver plan.  A waiver form must be submitted annually by May 1st in order to waive out of health/dental insurance coverage effective July 1st.  If employee elects to cancel the waiver, a letter must be submitted by May 1st, with an effective date of July 1st.  In the event of a life altering event (i.e. loss of spouse’s employment, disability/death of spouse or divorce/legal separation), re-enrollment in the District’s insurance plan will be immediate.


ARTICLE XIV
SABBATICAL LEAVE
A. Every teacher who has held a position for seven (7) consecutive years in the New Providence school district shall be eligible to apply for a sabbatical leave only once every seven (7) years.
B. "Sabbatical leave" shall mean a leave of absence for the purpose of improving the educational qualifications of a teacher in his/her position by study, which is not necessarily restricted to a formal college program.
C. A sabbatical leave shall be for a period of one-half (1/2) year or one (1) year at one-half (1/2) the salary for the period of the leave. The "salary" is that which the teacher would have received if he/she were not on leave.
D. Any eligible teacher desiring a sabbatical leave shall make application by April 1st preceding the leave, specifying the period and purpose of the leave desired in such detail as required by the Board.
E. Sabbatical leave shall be granted to eligible applicants by recommendation of the Superintendent to the Board. The total number of teachers on sabbatical leave shall not exceed two (2) at any one time.
F. The Board of Education may, upon the recommendation of the Superintendent, grant the request of an eligible teacher for a "summer" sabbatical. Such a sabbatical may extend for two consecutive summer recess periods, and is defined as attendance at an accredited degree granting institution for the purpose of working towards a Masters Degree or for approved courses beyond a Masters. An applicant shall present to the Superintendent no later than the April 1 preceding the requested summer sabbatical full and complete information regarding the requested course or courses, including a course description, the number of hours the course meets, the location of classes, and the hours and dates on which the class is scheduled. Such a sabbatical, if approved, will be compensated at 1/400 of the teacher's regular salary during the previous contract year for each day on which the class actually meets, provided the course is successfully completed. No payment shall be made for any time or days in which an actual instructional period is not conducted. Touring, sightseeing, or travelling time shall not be compensable. All records necessary to demonstrate the number of days of compensation to which the teacher claims entitlement will be submitted to the Superintendent no later than the December 15 following the summer during which the sabbatical was taken.
G. All tenure, salary increment, and pension retirement rights shall be retained by and accrued to the teacher on sabbatical leave in the same manner as if he/she were not on such leave. The Board shall deduct from the salary of the teacher on sabbatical leave and pay on his/her behalf such amounts as are required for pensions, teacher-paid fringe benefits, and such other purposes as may be required by law.
H. Upon the termination of a sabbatical leave, the Superintendent shall make a reasonable effort to return the teacher to the same position, which he/she held prior to taking such leave. Any teacher who does not accept said position with the New Providence Board of Education within the scope of his/her certification upon the termination of a sabbatical leave and continue therein for a period of one (1) year thereafter, unless the Board shall otherwise approve, shall be deemed guilty of unprofessional conduct, and the Commissioner of Education shall be so notified, and the employee shall be required to refund the full salary paid to him/her while absent from his/her position.


ARTICLE XV
SUMMER EMPLOYMENT
A. The terms and conditions of employment afforded to employees hired for summer employment shall be limited to the following:
1. Salaries for summer employment shall be 1/200 per day of the teacher's annual salary for summer school teaching, the Child Study Team, school nurses, media specialists, or for guidance counselors. The compensation for summer curriculum writing shall be $54.87 per hour for 2018-19; $54.87 per hour for 2019-20 and $54.87 per hour for 2020-21.
2. Salaries shall be paid on the first scheduled pay day in July, based upon a cut off day of June 30th of that year, and on the first scheduled payday in August of that year.  The August payment shall include the remainder of the summer stipend.
3. The Board of Education will endeavor to issue contracts for summer employment by no later than the final week of the regular school year. The Board reserves the right to cancel summer school contracts where a decision is made to withdraw the course offering, and to issue additional contracts for courses to be offered after the initial summer curriculum is announced. In the event it is necessary to cancel a contract, the teacher shall be notified immediately by mail at the address on record with the Board of Education.
4. Employees shall be compensated based on their next year’s salary for their summer employment, including such employment that begins in June.
5. Guidance counselors shall work three (3) days in July and three (3) days in August.  One of the days in August shall be the Thursday before school starts.
6. Child Study Team members shall work four (4) days in July and four (4) days in August.  One of the days in August shall be the Thursday before school starts.
7. Other positions employed to summer work, including technology and department heads, shall be paid at the summer curriculum writing hourly rate provided above.
B. The presence of this clause in the Agreement in no way obligates the Board of Education to the operation of a summer school.
C. Members of the Association employed by the Board of Education for work outside their professional certification shall not be covered by this Agreement.


ARTICLE XVI
RETIREMENT
A. Upon qualification for retirement with the pension fund and retirement from the district, or upon the death of the employee, payment shall be made for unused accumulated sick leave at the rate of thirty-five (35%) percent of the teacher's per diem salary rate at the time of retirement. In the event of death of the teacher prior to retirement, his/her estate shall receive such payment.  Deferred retirements shall not qualify under this provision.
B. All individuals whose first day of employment is on or after July 1, 2008 shall be reimbursed for accumulated unused sick leave at 25% of the employee’s per diem rate.  The per diem rate is calculated as 1/200 of the employee’s base salary. Deferred retirements shall not qualify under this provision.
C. Effective July 1, 2012, the maximum reimbursement any employee shall receive for accumulated unused sick leave shall be $15,000.  For any employee who has accumulated more than $15,000 in accumulated unused sick leave as of July 1, 2012, the employee shall not accumulate any additional unused sick leave for purposes of reimbursement and the cap shall be the amount in dollars on July 1, 2012.

ARTICLE XVII
MISCELLANEOUS PROVISIONS
A. This Agreement constitutes Board policy for the term of said Agreement, and the Board shall carry out the commitments contained herein and give them full force and effect as Board policy.
B. If any provision of this 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.
C. Any individual contract between the Board and an individual employee 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, during its duration, shall be controlling.
D. The Board and the Association agree that there shall be no discrimination, and that all practices, procedures, and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of teachers, or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, marital status, age or handicap.
E. The Board and the Association recognize written administrative regulations and Board rules and regulations which govern teachers, but that are not a part of this Agreement.
F. The Board reserves to itself sole jurisdiction and authority over matters of policy and retains the right through the Administration, in accordance with applicable laws and regulations:
1. To direct teachers within the scope of their contracts in compliance with Board policy;
2. To hire, promote, transfer, assign, and retain teachers in positions within the school district, and to suspend, demote, discharge, or take other disciplinary action against teachers;
3. To relieve teachers from duties for just cause;
4. To maintain the efficiency of the school district operations entrusted to them;
5. To determine the teaching staff by which school district operations are to be conducted; and
6. To take whatever actions may be necessary to carry out the mission of the school district in situations of emergency.
G. Copies of this Agreement shall be reproduced at the expense of the Board and the Association within thirty (30) days after the Agreement is signed. Each group shall pay for the number of copies, which it deems necessary for its use and distribution.

H. Whenever any communication pursuant to this Agreement is necessary, except as stated by the grievance procedure, said communication will be forwarded to the Secretary of the Board when initiated by the Association, and to the President of the Association when initiated by the Board.
I. This Agreement incorporates the entire understanding of the parties on all matters, which were or could have been the subject of negotiation. During the term of this Agreement, neither party shall 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 executed this Agreement.
J. It is agreed that, during the period of negotiations and prior to reaching an Agreement, the specifics of the proceedings and progress of negotiations shall remain confidential. All releases to the news media shall be made with prior notification from one party to the other.
K. The Board shall endeavor to protect and maintain the safety, security, and welfare of any teacher threatened, menaced, or harmed while said teacher is performing duties as required by the Administration.


ARTICLE XVIII
REPRESENTATION FEE
A. Representation Fee. If an employee does not become a member of the Association during any membership year (i.e., from September 1 to the following August 31) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Association for that membership year. This fee shall be the maximum allowed by law.
B. Procedure.
1. Notification. Prior to November 1 of each year, the Association will submit to the Board a list of those employees who have neither become members of the Association for the then current membership year nor paid directly to the Association the full amount of the representation fee for that membership year. The Board will deduct from the salaries of such employees, in accordance with paragraph 2 below, the full amount of the representation fee and will promptly transmit the amount so deducted to the Association.
2. Payroll Deduction Schedule. The Board will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforesaid list, during the remainder of the membership year in question. The deductions will begin with the first paycheck paid:
a. ten (10) days after receipt of the aforesaid list by the Board; or
b. thirty (30) days after the employee begins his/her employment in a bargaining unit position.
3. Termination. If an employee who is required to pay a representation fee terminates his/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 the unpaid portion of the fee from the last paycheck to said employee during the membership year in question.
4. Mechanics of Deduction and Transmission of Fees. Except as otherwise provided in this Article, 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.
5. Changes. The Association will notify the Board in writing of any changes in the list provided for in paragraph 1 above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than ten (10) days after the Board receives said notice.
C. Indemnification and Save Harmless Provision.
1. Liability. The Association agrees to indemnify and hold the Board harmless against any liability, including costs of suit and attorney fees, which may arise by reason of any action taken by the Board in complying with the provisions of this Article, provided that:
a. the Board gives the Association timely notice, in writing, of any claim, demand, suit, or other form of liability in regard to which it will seek to implement this paragraph; and
b. if the Association so requests in writing and the Board agrees, the Board will surrender to it full responsibility for the defense of such claim, demand, suit or other form of liability and will cooperate fully with the Association in gathering evidence, securing witnesses, and in all aspects of said defense.
2. Exception. It is expressly understood that paragraph 1 above will not apply to any claim, demand, suit, or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board's imperfect execution of the obligations imposed upon it by this Article.
3. Notification. The Association will inform the Board as to the status of any action on a monthly basis.

ARTICLE XIX
TEACHER EVALUATION PROCEDURES
A. The Board agrees to follow procedures for evaluation set forth in New Jersey Statutes and Administrative Code. Those procedures, to the extent that they remain unchanged, are incorporated by reference into this Agreement. Administrative Regulations 3221R1 and 3222R1, adopted pursuant thereto concerning the procedures for conducting evaluation of staff, are similarly incorporated into this Agreement as though set forth at length. Unless there are modifications in New Jersey Statutes and Administrative Code, which mandate modifications of the procedural aspects of Administrative Regulations 3221R1 and 3222R1, these Administrative Regulations shall not be changed without prior negotiations. Any mandated or negotiated modifications in the procedural aspects of Administrative Regulations 3221R1 and 3222R1 shall be incorporated by reference in this Agreement.
B. A teacher shall have the right, upon written request and scheduled appointment, to review the contents of his/her personnel file and to receive copies at the charge reflected in Board policy of any documents contained therein. A teacher shall be entitled to have any representatives of the Association accompany him/her during such review.
C. No material derogatory to a teacher's conduct, service, character or personality shall be placed in his/her personnel file unless the teacher has had an opportunity to review the material. Derogatory material shall not include such normal records of the employer as attendance, leave of absence, and health records. The teacher shall acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed, with the express understanding that such signature in no way indicates agreement with the contents thereof. Refusal by the staff member to sign copies shall not preclude inclusion of the document. The teacher shall also have the right to submit a written answer to such material, and his/her answer shall be reviewed by the Superintendent or his/her designee and attached to the file copy.
D. Although the Board agrees to protect the confidentiality of personal references, academic credentials, and other similar documents, it shall not establish any separate personnel file, which is not available for the teacher's inspection.
E. For the improvement of homeroom procedures, the Principal or other administrator may observe and evaluate a teacher during homeroom period when and if the Principal or other administrator determines that there is a need for such observation and evaluation. The Principal or other administrator may hold a conference with the teacher following the observation and evaluation. There shall be no written observation or evaluation report placed in the teacher's personnel file from such homeroom observation or evaluation. Such written observation or evaluation report shall be maintained in a separate file in the Principal's office, and the contents thereof may be included in the teacher's formal or summative evaluation.
F. Lesson plans will be categorized into two separate and distinct areas, evaluative and non-evaluative.
1. Evaluative lesson plans will be completed by teachers for administrators in several ways. First, teachers will submit a lesson plan to the administrative evaluator prior to or immediately after the observation itself. Second, principals or evaluating administrators may request daily, weekly, or monthly lesson plans as appropriate. Finally, administrators may request that lesson plans be submitted in meeting curriculum requirements, mandates or policies.
2. Non-evaluative lesson plans will be developed for the purpose of coaching and self-improvement. While they will be one and the same as the lesson plan submitted for evaluation, they will be used by Peer Coaches or Department Heads for developmental purposes only. They are to be shared with the Peer Coaches or Department Heads solely for professional growth and development purposes and are forbidden to be used for evaluative purposes under any circumstances.
They are to be shared with the Peer Coach or Department Head every other month unless a more frequent schedule is mutually agreed to. The Peer Coach or Department Head will log the visit and/or lesson plan exactly in accordance with the existing precedent regarding peer coaching strategies in the classroom, which consists of name and date only. In the elementary schools, Peer Coach and Department Head review of lesson plans will be directed primarily at newly introduced curriculum and newly hired staff.
ARTICLE XX
DURATION OF AGREEMENT
A. This Agreement shall be effective as of July 1, 2018 and shall continue in full force and effect until June 30, 2021. This Agreement shall not be extended orally, and it is expressly understood that it shall expire on the date indicated above.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective Presidents, attested by their respective Secretaries and Negotiating Committee Chairperson, and their corporate seals to be placed hereto.
SIGNED AND SEALED this 6th day of May 2019.

NEW PROVIDENCE BOARD OF EDUCATION OF THE
EDUCATION ASSOCIATION BOROUGH OF NEW PROVIDENCE



BY:________________________     BY:___________________________
Glen A. Robertson, President Adam M. Smith, President



BY:________________________ BY:___________________________
Christopher Brodeur,            James Testa, Board Secretary
Negotiations Chairperson
APPENDIX I

NEW PROVIDENCE TEACHERS SALARY GUIDE FOR YEAR 2018-19 

Salary Guide
Step
BA
BA+15
BA+30
BA+30M
BA+45M
BA+60M
1
55,634
57,175
59,050
61,320
63,487
65,705
2
56,134
57,675
59,550
61,820
63,987
66,205
3
56,884
58,425
60,300
62,570
64,737
66,955
4
58,079
59,622
61,499
63,773
65,942
68,164
5
59,279
60,831
62,789
65,090
67,319
69,548
6
60,479
62,069
64,074
66,432
68,717
71,034
7
61,779
63,407
65,460
67,876
70,219
72,915
8
63,329
65,040
67,124
69,612
72,391
75,221
9
64,779
66,496
68,679
71,233
74,140
76,974
10
66,479
68,255
70,505
73,366
76,306
79,155
11
69,479
71,640
74,368
77,589
80,697
83,805
12
72,729
74,940
77,731
81,020
84,201
87,377
13
76,229
78,496
81,359
84,725
87,988
91,241
14
81,129
83,561
86,629
90,236
93,735
97,224
15
84,629
87,158
90,348
94,098
97,737
101,365
16
88,129
89,780
94,123
98,052
101,866
105,669


NEW PROVIDENCE TEACHERS SALARY GUIDE FOR YEAR 2019-20 

Salary Guide
Step
BA
BA+15
BA+30
BA+30M
BA+45M
BA+60M
1
56,079
57,620
59,495
61,765
63,932
66,150
2
56,579
58,120
59,995
62,265
64,432
66,650
3
57,329
58,870
60,745
63,015
65,182
67,400
4
58,174
59,717
61,594
63,868
66,037
68,259
5
59,379
60,931
62,889
65,190
67,419
69,648
6
60,579
62,169
64,174
66,532
68,817
71,134
7
61,879
63,507
65,560
67,976
70,319
73,015
8
63,479
65,190
67,274
69,762
72,541
75,371
9
64,929
66,646
68,829
71,383
74,290
77,124
10
66,629
68,405
70,655
73,516
76,456
79,305
11
69,629
71,790
74,518
77,739
80,847
83,955
12
72,879
75,090
77,881
81,170
84,351
87,527
13
76,379
78,646
81,509
84,875
88,138
91,391
14
81,129
83,561
86,629
90,236
93,735
97,224
15
84,879
87,408
90,598
94,348
97,987
101,615
16
88,629
90,280
94,623
98,552
102,366
106,169

NEW PROVIDENCE TEACHERS SALARY GUIDE FOR YEAR 2020-21
Salary Guide
Step
BA
BA+15
BA+30
BA+30M
BA+45M
BA+60M
1
56,774
58,315
60,190
62,460
64,627
66,845
2
57,274
58,815
60,690
62,960
65,127
67,345
3
57,774
59,315
61,190
63,460
65,627
67,845
4
58,274
59,817
61,694
63,968
66,137
68,359
5
59,274
60,826
62,784
65,085
67,314
69,543
6
60,274
61,864
63,869
66,227
68,512
70,829
7
61,584
63,212
65,265
67,681
70,024
72,720
8
63,134
64,845
66,929
69,417
72,196
75,026
9
64,834
66,551
68,734
71,288
74,195
77,029
10
66,579
68,355
70,605
73,466
76,406
79,255
11
69,709
71,870
74,598
77,819
80,927
84,035
12
73,009
75,220
78,011
81,300
84,481
87,657
13
76,509
78,776
81,639
85,005
88,268
91,521
14
80,509
82,941
86,009
89,616
93,115
96,604
15
84,769
87,298
90,488
94,238
97,877
101,505
16
89,029
90,680
95,023
98,952
102,766
106,569


APPENDIX II
CO-CURRICULAR ACTIVITIES

A. The following represents the base salary for various co-curricular activities. Each person will be given one (1) additional point for each one (1) year of experience in that activity in the New Providence school district, to a maximum of ten (10) points. Each individual will receive a separate contract to reflect the base plus his/her individual experience.
1. Points assigned for new activities will be based upon the average salaries in Union County, Mountain Valley Conference, and/or where the competition exists, whichever is applicable.
2. The first assistant in all activities will receive seventy (70%) percent of the maximum base salary for that activity.
3. The second assistant in all activities will receive sixty (60%) percent of the maximum base salary for that activity.
4.   In the event that the advisor for the Japanese Science Exchange is required to supervise an event that takes place after the conclusion of the school calendar year, the Board will compensate the advisor on an individual basis.



POINT BASE FOR CO-CURRICULAR ACTIVITIES
ACTIVITY BASE POINTS
H.S. Dramatics
Director 48

H.S. Drill Design
Director 29


H.S. Marching Band
Director 53
Assistant Band Director 29
Color Guard Director 29
Drum Instructor 12
Rifle Instructor 7
Low Brass/March/Manv 10
Pit Band & Sideline 32
Assistant Color Guard Instructor 7

H.S. Providential (without class)
Advisor 37

H.S. Stage Band
Director 45

H.S. Stage Crew
Advisor 33

H.S. Stage Management (Art)
Advisor 18

H.S. Swingin Strings
Director 23

H.S. Student Council
Advisor 29

H.S. Vocal Music
Director 40

H.S. Winter Guard
Color Guard Director 29
Assistant Color Guard Instructor 7

H.S. Yearbook (without class)
Advisor 39

M.S. Stage Band
Director 26

B. The point system does not apply to the following positions. A base rate has been determined which will be:
Class Advisors 2018-19 2019-20 2020-21
 
  Senior $1,530 $1,530 $1,530

  Junior $1,075 $1,075 $1,075
 
  Sophomore $865   $865   $865
   
  Freshman $865   $865   $865
 
2018-19 2019-20 2020-21

H.S. Amnesty International $1,966 $1,966 $1,966

H.S. STEM Club (4) $1,966 $1,966 $1,966

H.S. Culinary Arts Club $1,966 $1,966 $1,966

H.S. Environmental Awareness Club $1,966 $1,966 $1,966

H.S. Fitness Club $1,966 $1,966 $1,966

Football Broadcasting (Per Game)    $76   $76   $76

H.S. World Language National $1,966 $1,966 $1,966
Honor Society

H.S. Industrial Arts Club $1,966 $1,966 $1,966

H.S. Literary Magazine $2,398 $2,398 $2,398

H.S. Math Team $1,966 $1,966 $1,966

H.S. Model United Nations (2) $1,966 $1,966 $1,966



High School Musical

  Instrumental Director $1,829 $1,829 $1,829
 
  Production Director $2,770 $2,770 $2,770
 
  Choreographer $2,770 $2,770 $2,770
 
  Vocal Director $2,770 $2,770 $2,770

  Set and Scenery Design $1,829 $1,829 $1,829

  Producer $1,506 $1,506 $1,506
   
  Stage Construction $1,506 $1,506 $1,506
 
  Costumes/Make-up $1,076 $1,076 $1,076
 
  Accompanist $1,506 $1,506 $1,506
 
  Tickets   $256  $256  $256
 
H.S. Graphics Design Club       $1,966 $1,966 $1,966
 
H.S. National Art Honor Society $1,966 $1,966 $1,966

H.S. National Honor Society $1,966 $1,966 $1,966

H.S. Peer Leadership Advisor $1,966 $1,966 $1,966

H.S. Science Competition Club (2) $1,966 $1,966 $1,966
H.S. Student Service Organization $1,966 $1,966 $1,966

H.S. Treasurer- Athletics       $3,348 $3,348 $3,348

H.S. Treasurer- Non-Athletics   $3,348 $3,348 $3,348

H.S. Youth and Government (2) $1,963 $1,963 $1,963

HS/MS Detention Teachers-per/hr 61.42 61.42 61.42

Library Monitor-per hour 61.42 61.42 61.42

Game Workers      subject to game fee schedule

SAT/PSAT Supervisors subject to ETS fees

SAT/PSAT Proctors subject to ETS fees

H.S. Photography Club $1,966 $1,966 $1,966

H.S. Music Club $1,966 $1,966 $1,966

M.S. Ensemble $1,966 $1,966 $1,966

7th Grade Advisor $1,075 $1,075 $1,075
 
8th Grade Advisor $1,075 $1,075 $1,075

M.S. Intramurals – Spec Ed Rec (4) $1,966 $1,966 $1,966

M.S. Mathematics Club $1,966 $1,966 $1,966

M.S. Peer Leadership Advisor $1,966 $1,966 $1,966

M.S. Student Service Organization $1,966 $1,966 $1,966

M.S. Student Council $1,966 $1,966 $1,966

M.S. Technology Club $1,966 $1,966 $1,966

M.S. Yearbook $1,966 $1,966 $1,966

TV Production/Stage Manager $2,909 $2,909 $2,909

M.S. STEM Club $1,966 $1,966 $1,966

Publisher of District Newsletter $4,854 $4,854 $4,854

E.S. STEM Club (2) $1,966 $1,966 $1,966

It is understood that any Co-Curricular activity listed above that designates multiple advisors (i.e., H.S. STEM Club (4)), those advisors shall each receive the total stipend. Any individuals who serve as co-advisors for a position not so designated shall split the listed stipend.

Effective July 1, 2015, the HS Providential and HS Student Council shall each have one (1) advisor.



New Providence BE and New Providence EA Teachers summary 2018.pdf
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New Providence BE and New Providence EA Teachers summary 2018.pdf