MEMORANDUM OF AGREEMENT BETWEEN THE … of agreement . ... regional school unit no. 21 . and the ....

MEMORANDUM OF AGREEMENT

BETWEEN

THE BOARD OF SCHOOL DIRECTORS OF

REGIONAL SCHOOL UNIT NO. 21

AND THE

KENNEBUNK, ARUNDEL AND KENNEBUNKPORT EDUCATORS’ ASSOCIATION

SEPTEMBER 1, 2012 – AUGUST 31, 2015

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TABLE OF CONTENTS ARTICLE I RECOGNITION ......................................................................................................... 4

ARTICLE II NEGOTIATION PROCEDURE ............................................................................... 4

ARTICLE III BOARD RIGHTS ..................................................................................................... 5

ARTICLE IV EMPLOYEE RIGHTS ............................................................................................. 5

A. Paid Leave ............................................................................................................................ 5

B. Personal Business ................................................................................................................. 5

C. Bereavement......................................................................................................................... 6

D. Sick Bank ............................................................................................................................. 6

E. Professional Development ................................................................................................... 7

F. Medical Insurance ................................................................................................................ 7

G. Dental Insurance .................................................................................................................. 8

H. Medical and Dental .............................................................................................................. 8

I. Part-Time Employees ........................................................................................................... 8

J. Reviewing Personnel File .................................................................................................... 8

K. Protection from Disciplinary Action ................................................................................... 9

L. Leave Without Pay ............................................................................................................... 9

M. Child Rearing Leave .......................................................................................................... 10

N. Duty Free Lunch (IP only) ................................................................................................. 10

O. Retirement Benefits .......................................................................................................... 10

ARTICLE V SALARY SCHEDULE ........................................................................................... 11

A. The salaries of all IP covered by this Agreement .............................................................. 11

B. Payment of Salaries ........................................................................................................... 12

C. Advanced Degrees ............................................................................................................. 13

D. Extra-Curricular Compensation ......................................................................................... 13

E. Sabbatical ........................................................................................................................... 14

F. Departure ............................................................................................................................ 14

ARTICLE VI CONDITIONS OF PROFESSIONAL SERVICES ............................................... 14

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A. IP Only ............................................................................................................................... 14

B. Nurses .............................................................................................................................. 18

ARTICLE VII TRANSFERS AND REASSIGNMENTS ........................................................... 18

A. Transfers and Reassignments ............................................................................................. 18

ARTICLE VIII EVALUATION OF EMPLOYEES ..................................................................... 19

A. Evaluations ......................................................................................................................... 19

B. Plan of Assistance .............................................................................................................. 19

ARTICLE IX GRIEVANCE ......................................................................................................... 20

A. Purpose ............................................................................................................................... 20

B. Definitions.......................................................................................................................... 20

C. Time Limits ........................................................................................................................ 20

D. Grievance Procedure .......................................................................................................... 20

E. General ............................................................................................................................... 22

ARTICLE X REDUCTION IN FORCE ....................................................................................... 22

A. Position Elimination .......................................................................................................... 22

B. Selection of Employees for Layoff .................................................................................... 22

C. Seniority List Preparation .................................................................................................. 24

D. Rights Upon Layoff ............................................................................................................ 24

ARTICLE XI MISCELLANEOUS ............................................................................................... 25

A. Policies ............................................................................................................................... 25

B. Fiscal Responsibilities ....................................................................................................... 25

C. Normal Operation of Schools ............................................................................................ 25

D. Codes of Ethics ................................................................................................................ 26

ARTICLE XII CONFLICT ........................................................................................................... 26

ARTICLE XIII AMENDMENT PROCEDURE .......................................................................... 26

ARTICLE XIV DURATION OF AGREEMENT ...................................................................... 27

APPENDIX I Instructional Personnel Salary Scale ................................................................. 28-30

APPENDIX IA NURSE’S SALARY SCHEDULE ..................................................................... 31

APPENDIX II CAREER LADDER EXHIBIT ............................................................................. 32

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APPENDIX III ATHLETIC AND CO-CURRICULAR STIPENDS ........................................... 33

APPENDIX IV SABBATICAL LEAVE AGREEMENT .......................................................... 37

ADDENDUM I ADDENDUM TO RECOGNITION CLAUSE .................................................. 37

ADDENDUM II SIDE AGREEMENT WAIVER OF TUITION FOR CHILDREN OF

NONRESIDENT IP (IP ONLY) ................................................................................................... 37

ADDENDUM III LETTER TO STAFF REGARDING USE OF PERSONAL LEAVE DAYS . 37

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ARTICLE I RECOGNITION

A. The Board of School Directors of Regional School Unit No.21, hereafter referred to as the “Board,”

having recognized the Kennebunk, Arundel and Kennebunkport Educators’ Association, hereafter referred to as the “Association,” pursuant to the provisions of Title 26, section 961, M.S.R.A. et. seq., as the exclusive bargaining agent on questions of wages, hours, working conditions, and contract grievance arbitration, for all public employees as defined by statute and represented for the purposes of collective bargaining by the Association, which individuals are identified for purposes of this Agreement as follows:

(1) Instructional Personnel “IP” which includes certified teachers and the following certified positions:

speech/language therapists, librarians, guidance counselors and those individuals listed in Addendum [I] attached to this Agreement; and

(2) Nurses

B. And the representatives of the Association and the Board having negotiated and reached agreement; C. And a majority of the members of the bargaining unit having voted to accept such agreement; D. The Board and the Association hereby agree as follows, to become effective September 1, 2012, and to

expire August 31, 2015.

E. Whenever the term “employees” is used in this contract, the provision applies to all members of the bargaining unit.

ARTICLE II NEGOTIATION PROCEDURE

A. Not later than one hundred twenty (120) days prior to the beginning of the next fiscal year in which this

contract terminates, the Association shall serve notice on the Board requesting to bargain a successor contract. The parties will negotiate in executive session, pursuant to the Municipal Public Employees Labor Relations Law (26 MRSA Section 961 et seq.) and in accordance with the procedure set forth herein, to secure a Successor Agreement. Any Agreement so negotiated shall apply to members of the bargaining unit, as identified in the first paragraph of this Agreement, be reduced to writing, be adopted by the Board, and signed by the Board and the Association.

B. During negotiation, the representatives of the Board's and the Association's negotiating committees shall

present relevant data, exchange points of view, and make proposals and counter-proposals. C. Neither party in any negotiations shall have any control over the selection of the negotiating

representatives of the other party. D. The parties mutually pledge that their representatives shall be clothed with all necessary power and

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authority to make proposals, consider proposals, and make counter-proposals in the course of negotiations.

ARTICLE III

BOARD RIGHTS Except as otherwise specifically provided in this Agreement, or otherwise specifically agreed to in writing between the parties, the determination of educational policy, the operation and management of the schools, and the control, supervision, and direction of the certified staff and all other employees are vested exclusively in the Board.

ARTICLE IV EMPLOYEE RIGHTS

A. Paid Leave

(1) Employees are allowed fifteen (15) days leave annually for personal illness, physical incapacity and/or serious immediate family illness, and unused leave shall accumulate to a maximum of one hundred sixty five (165) days. At the start of each school year, fifteen (15) days will be added to each employee’s accrued sick leave. At the end of the year, on August 31, any unused days in excess of 165 will be deleted.

A doctor's certificate confirming personal illness, physical incapacity or family illness may be required after three (3) consecutive days of absence.

The Board will provide a written statement for every employee at the beginning of each school year indicating the total of accumulated sick leave credit.

(2) Any employee receiving payments under the Workers’ Compensation Act shall be eligible for

sick leave compensation only in such amount as will equal his/her regular compensation, on a net basis after taxes, when added to workers’ compensation benefits. Sick leave pay shall be prorated and drawn against the employee’s annual and accumulated personal sick leave, and shall terminate upon the exhaustion of such leave. In no event shall any employee receive double payments for any day missed from work pursuant to both the Workers’ Compensation Act and this sick leave provision, nor shall any employee be entitled to access the sick leave bank under this provision.

B. Personal Business In addition to the above, two (2) days of leave are to be granted for personal business in any one (1) contract year, in accordance with existing Board Policy, on notification to the principal. If possible, all requests for personal business days must be in writing, to the principal, at least two (2) days in advance. In the case of an extreme emergency, the employee must notify the building principal as soon as possible. It is agreed that personal business days are not to be used immediately preceding or following school vacations and holidays, unless waived by the principal or superintendent due to extenuating circumstances. Personal business days shall be used only for business which cannot be transacted after

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regular school hours. Attendance at educational conferences, conventions, etc., is excluded from consideration under personal business leave. There will not be accrual of personal days from year-to-year.

C. Bereavement Employees are allowed up to five (5) days per occurrence in the event of the death of an immediate family member [spouse, child, parent, brother, sister, legal guardian or ward, grandparent, parent-in-law or domestic partners (as defined by MEA benefits trust for insurance purposes)].

Employees are allowed up to three (3) days per occurrence in the event of the death in the spouse's immediate family and in the death of an aunt, uncle, niece or nephew.

This may be extended by the Superintendent in case of extenuating circumstances. Said leave shall be at full salary, not to be deducted as sick leave.

D. Sick Bank Purpose: The purpose of the sick bank is to provide the eligible employee with paid leave in the event of a major illness or accident, when he/she hasn’t accumulated enough sick leave on his/her own.

Award of sick leave shall be granted upon petition of the employee and by approval of the Executive Board of the Association and the Superintendent of Schools. Approval is not automatic.

Membership: An employee covered by this agreement must, on the appropriate form, notify the Superintendent of Schools by September 30th of the year that he/she wants to join. Said employee will remain a member of the sick bank with its privileges and limitations until notifying the Superintendent of Schools, in writing, that he/she is withdrawing membership. He/she will donate one (1) sick day from his/her annual allotment at the beginning of each school year. There will be two separate sick banks: one for IP and one for nurses.

Each year (September 1st), the sick bank for IP will begin with all carry-over days to a maximum of 500 days plus the number of “new” days donated by the IPs’ sick bank members at the rate of one (1) day per member. Each year (September 1st), the sick bank for nurses will begin with all carry-over days to a maximum of 50 days plus the number of “new” days donated by the nurses’ sick bank members at the rate of one (1) day per member. At the end of the year (August 31st), any days in excess of 500 for IP and 50 for nurses will be deleted from the banks creating, in effect, a cap of 500 days for the IP sick bank and 50 day for the nurses’ sick bank. On September 1st, the process will begin anew. If, at any time, either sick bank becomes depleted, members may opt to replenish it by donating another sick day.

The Superintendent of Schools will forward a list of sick bank members and the total number of days in the sick bank to the President of the Association by October 31st of each year. The total will reflect the number of carry-over days and the number of “new” days donated at the beginning of the year (September 1st).

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Process for Requesting Access to the Sick Bank:

(1) The employee must fill out the appropriate form and send it to the Association President as soon

as he/she is aware that he/she will need additional days. Forms are available from the Association President or from the Superintendent’s Office. The Association will respond within ten (10) calendar days.

(2) Once approved by the Association, the form will be forwarded to the Superintendent of Schools

who will respond within ten (10) calendar days. The employee may be required to provide additional medical documentation to support his/her request for sick bank days.

(3) In the case that either the Association or the Superintendent denies the request, the reasons will

be noted on the form, which will be returned to the employee.

(4) If the request is granted, it will be for no longer than thirty (30) school days. Should additional time be required at the end of the thirty (30) day period, the employee may reapply. A family member may fill out the form if the employee is unable to do so.

(5) If the major illness/accident will prevent the teacher from ever returning to work, the employee

must apply to the Maine State Retirement System within thirty (30) days after such a determination of disability is made.

E. Professional Development It is agreed that employees in the District shall be reimbursed for the cost of tuition and fees for course work approved by the Superintendent. Reimbursement shall be granted up to twelve (12) credit hours per year for the duration of this Contract. To be eligible, the employee must receive prior written approval from the Superintendent for the course work and amount to be reimbursed prior to enrollment.

Reimbursement shall be paid up to the University of Southern Maine per credit hour rate for resident graduate or undergraduate course credit, whichever is applicable, and up to one hundred fifty dollars ($150) per course for lab fees, books and/or lab supplies for the duration of this contract. Reimbursement shall be issued upon successful completion of each course. To be eligible, the employee must be employed by the District at the time of reimbursement. If more than 12 approved credit hours are taken by an employee in one contract year, reimbursement is limited to a maximum of 12 of those credit hours at the rate of reimbursement for the year in which the courses were taken. The only exception to this rule would be if the employee is required in writing to take more than 12 credit hours within any one contract year by either the District or by a District approved educational degree program.

F. Medical Insurance (1) For the term of this agreement, Blue Cross/Blue Shield and Major Medical (Blue Alliance) will

be provided by the District under the Maine Education Association (MEA) Trust Plan, at the rate applicable to each employee (single, family, etc.), as follows:

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(a) For the period from September 1, 2012 through August 31, 2013 the District will pay 83% of the cost of the Choice Plus Plan only, with the employee paying the balance of the premium for either the Choice Plus Plan or the Standard Plan.

(b) For the period from September 1, 2013 through August 31, 2014, the District will pay 82.5% of the cost of the Choice Plus Plan only, with the employee paying the balance of the premium for either the Choice Plus Plan or the Standard Plan.

(c) For the period from September 1, 2014 through August 31, 2015, the District will pay 82% of the cost of the Choice Plus Plan only, with the employee paying the balance of the premium for either the Choice Plus Plan or the Standard Plan.

(2) As an incentive for employees to use an available spouse's plan, other than this district's, an

annual amount of one thousand dollars ($1,000) will be paid on a monthly basis to an employee not using RSU No. 21 medical benefit. The employee may, however, resubscribe to the RSU No. 21 plan at any time, subject to the plans rules and procedures. At time of resubscription, payments for the annual incentive would cease. Information will be given to all employees encouraging them to take advantage of this incentive.

G. Dental Insurance

For the duration of this contract, dental insurance will be provided by the District at the single subscriber rate. Employees desiring additional dental benefits will pay the difference between the single subscriber rate and the rate reflecting the additional benefits.

H. Medical and Dental RSU No. 21 will pay the administration fee to MSMA to administer a Section 125 plan for employees. If the employee pays for additional benefits, this will allow the employee to pay with pre-tax rather than after tax dollars.

I. Part-Time Employees All employees hired prior to September 1, 1992, working less than half-time will receive half benefits. Teachers working half-time or more will receive full benefits.

All employees hired after September 1, 1992, will receive benefits prorated equal to the fraction of a full-time contract worked; i.e., if a person works 3/5, that person would receive 3/5 pay and 3/5 benefits. Full-Time Nurses (“FTN”) are those school nurses who work thirty-seven and one-half (37.5) hours per week; part-time Nurses (“PTN”) are those school nurses who work less than thirty-seven and one-half hours per week.

J. Reviewing Personnel File (1) An employee shall have the right, upon request, to review the contents of his/her personnel file.

At least once every two (2) years an employee shall have the right to indicate those documents and/or other materials in the file which he/she believes to be obsolete or otherwise inappropriate to retain. Said documents shall be reviewed by the individual employee and the Superintendent or his/her designees, and, at the option of the employee, a representative of the Association designated, in writing, by the employee, and if, in fact, they are obsolete or otherwise inappropriate to retain, they shall be destroyed. The Superintendent shall have final authority of

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what is placed in or removed from the file.

(2) The employee shall also have the right to submit a written answer to such material, and the answer shall be reviewed by the Superintendent or his designees, and at the option of employee, a representative of the Association designated, in writing, by the employee and attached to the file copy.

(3) No material derogatory to an employee’s conduct, service, character, or personality shall be

placed in his/her personnel file unless the employee has had the opportunity to review the material and to be advised of the source of the derogatory material.

(4) The employee 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.

(5) The employee shall also have the right to submit a written answer to such material, and the

answer shall be reviewed by the Superintendent or his designees and attached to the file copy.

K. Protection from Disciplinary Action No employee shall be disciplined, including by reprimand, reduction of rank or compensation, or suspension, without just cause, nor shall any employee on a continuing contract (as continuing contract is defined in M.R.S.A., Title 20-A, Section 13201) be dismissed or denied renewal of contract without just cause. Disputes concerning dismissals and contract non-renewals may be subject to advisory arbitration for employees on continuing contract. An employee on continuing contract has recourse to the following procedure: (1) Hearing by the Board, in executive session, within fifteen (15) school days after reasons have

been specified in writing, at the request of the employee. The employee may be accompanied by or represented by legal counsel and/or a representative of the Association.

(2) In the event the employee is still dissatisfied with the outcome, the matter shall be referred to an

arbitrator for his recommendation, upon the request of the Association, within twenty (20) school days of the Board hearing. The arbitrator shall be chosen as set forth in Article IX, Section D. Step 5.

(3) Stipend positions are annual appointments with no continuing contract status; however, stipend

holders who are removed from or who are not reappointed to a stipend position they have held for two or more years may request a hearing in executive session with the Board, within fifteen (15) days after reasons for removal or non-reappointment have been specified in writing and presented to the teacher. The stipend holders may be accompanied by or represented by legal counsel and/or a representative of the Association.

L. Leave Without Pay Leaves of absence without pay may be granted to any employee for any reasons which in the sole judgment of the Board are profitable to the school system or essential to the well- being of the employee.

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M. Child Rearing Leave A child rearing leave of absence without pay, benefits or increment, will be granted to an employee following the birth of the employee’s child or the employee's adoption of a child, under the following conditions:

(1) Child rearing leave will be granted to an employee who has been employed by the District for at

least 12 months and has worked a minimum of 1250 hours during said 12 months only if the employee has primary responsibility for the direct care of the child.

(2) Employees who are re-hired after an extended leave shall be entitled to all benefits to which they

were entitled at the time their leave of absence commenced, including unused accumulated sick leave and credits towards sabbatical eligibility.

(3) All extensions or renewals of leave shall be applied for and responded to in writing.

(4) The Board shall grant a semester or a year of unpaid child care leave upon the birth of a child, or

the adoption of a child. Application for said leave shall be made to the Superintendent of Schools thirty (30) days in advance for a leave up to 120 days and 60 days in advance for a leave of more than 120 days.

(5) All childcare leave requests shall be submitted to the Board for action.

(6) Disability caused by or contributed to by pregnancy or childbirth shall qualify for paid sick leave

up to the teacher's accrued amount of sick leave. A physician's statement verifying the illness shall be submitted to the Superintendent and to the Association.

N. Duty Free Lunch (IP only)

IP shall be entitled to a minimum of twenty (20) minutes duty free lunch daily. O. Retirement Benefits

(1) Retiring employees who have at least twenty-five (25) years instructional experience, with the last fifteen (15) years in RSU No 21, or retiring employees who have at least twenty-five (25) years of experience and who both have at least twenty (20) years of experience in RSU No. 21 and their last five years prior to retirement have been in RSU No 21 may receive compensation for up to thirty (30) days of unused sick days at the employee’s per diem rate, payable by August 31 following the employee’s retirement. Written notice of retirement under this paragraph must be given by March 1st of the year of retirement and, unless otherwise waived, retirement shall occur at the end of the school year. Timely notice of retirement may be waived for good and sufficient cause by joint agreement between the Board and the Association. For purposes of this provision, the term “RSU No.21” shall mean instructional/nursing experience in RSU No. 21 and its predecessors M.S.A.D. No. 71 and the Arundel School Department.

(2) Any employee having stated his/her intent to retire shall be entitled to one (1) day of paid leave for the purpose of meeting with a representative of the Maine State Retirement System to discuss his/her individual personal eligibility for benefits from that system.

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The president of the Association will be provided sufficient copies of the new contract agreement for all covered employees by November 15, 2012. Copies of the Career Ladder Program will be available for review at the main office of each building. In addition, all IP will receive an updated Appendix I at the beginning of each additional year.

ARTICLE V SALARY SCHEDULE

A. The salaries of all IP covered by this Agreement shall be as follows: (1) The starting salary for IP with a Bachelor's degree and no experience (the Bachelor's base) shall

be $34,138 for the 2012-2013 school year, $34,650 for the 2013-2014 school year, and $35,343 for the 2014-2015 school year. Salary Schedules are attached as Appendix I.

(2) The starting salary for an IP with a Master’s degree and no experience shall be set at 110% of the

Bachelor's base.

(3) The starting salary for an IP with an earned Doctorate and no experience shall be set at 120% of the Bachelor's base.

(4) There shall be twelve (12) additional annual steps for an IP with a Bachelor's degree, Master's

degree, and an earned Doctorate. All increments in such steps will be equal to 5% of the Bachelor's base. Longevity increases will be given as shown in Appendix I. Longevity increments will be equal to 3.3% of the previous salary level.

(5) For purposes of initial placement on the salary scale, the Superintendent may grant an employee

credit for work experience outside the classroom (K-12), not to exceed the actual number of years of experience, if the Superintendent determines that such experience is relevant to the job responsibilities.

(6) The starting salary for Nurses with no school nursing experience shall be $30,518 for 2012-2013;

$30,976 for 2013-2014; and $31,596 for 2014-2015. There shall be seven steps to the scale and the increments between each step shall be equal to equal to 11.8% of the base salary ($3,601 in 2012-2013). The salary schedule for school nurses is attached as Appendix IA. To receive credit for “school nursing experience”, an applicant must have been certifiable by the State of Maine and employed in a public or private school. Notwithstanding this provision, full time nurses employed by the District prior to September 1, 1998, shall be paid in accordance with the Salary Schedule attached as Appendix I. Part-time nurses employed by the District prior to September 1, 1998, will be placed on Step 1 with one year experience as of September 1, 1999.

(7) Employees who are required by the Superintendent to work in excess of 182 days will be

compensated at the employee’s per diem, pro rata (based on a 7.5 hour work day). It is understood that these payments are for work not already being compensated for under this Contract.

(8) Some IP were permanently placed on the salary scale at fewer years of experience than they had

actually worked. Any reduction in credit for an IP’s experience will not apply to eligibility for

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retirement benefits. The Board may hire an applicant with nursing experience other than school nursing experience at any step of the nurses’ salary schedule. Any nurse so hired will advance in step on the salary schedule for each year worked in the employ of the District beginning from the step at which the nurse was hired.

(9) Career Ladder enrollment shall be limited to those currently participating in the program as of

September 30, 2012, and shall be in accordance with the provisions contained herein and outlined in Appendix II. Participation in the Career Ladder is optional, and is subject to the following requirements:

(a) IP on the Career Ladder shall be evaluated using the same evaluation tool used for other

IP in the District. (b) To remain on the Career Ladder, IP must meet all of the evaluative criteria set forth in

Appendix II. (c) The one year period referred to in Appendix II, Section B(3) is understood to mean 365

days from the date of the IP’s evaluation, provided however, that the Career Ladder IP’s pay will nevertheless continue through August 31st of that school year.

The district will develop tasks based on district priorities. The Assistant Superintendent will

meet with Career Level members each spring to determine their responsibilities and task(s) to remain on Career Level for the next school year. As Career Level members leave the district, this level will phase itself out.

(10) Up to the extent authorized by the Board, the Superintendent may offer additional compensation

to "Consulting Staff" who have accepted additional responsibilities approved by the Superintendent and done beyond the normal work year.

A "consulting staff" is defined as one who gives professional services in the area of curriculum development or change at the request of the Superintendent with the advice of the Administrative Council. Projects accepted are those dealing with the identified needs and goals of the RSU No. 21 curricula.

Project proposals may be submitted by employee initiative or administrative request.

All project proposals, or requests for project proposals, are discussed and recommended or not recommended by the Administrative Council. The Superintendent then approves or disapproves.

Consulting staff work is done during vacations, weekends, or other non-teaching time.

B. Payment of Salaries shall be made in one (1) of two (2) ways: (1) In twenty-six (26) biweekly installments. In those years where there are more than twenty-six

(26) Friday pay periods, then payments of salary amounts shall be timed to maintain twenty-six pay periods during any given Contract year. The extra non-paid Friday will be in June.

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(2) In twenty-one (21) biweekly installments between the beginning of school in September and the end of school in June (or concluding one (1) week after the end of the school year). Employees shall apply through the Office of the Business Manager for this option prior to February 1 of the year prior to the year of payment.

(3) Dues for authorized professional associations will be deducted from salaries in equal amounts

throughout the contract year when individually and voluntarily authorized by employees, in writing, on the appropriate payroll deduction form. Such deductions collected will be forwarded to the authorized associations.

C. Advanced Degrees IP who expect to advance to a new degree level on the salary schedule, due to additional professional

training, must notify the Superintendent of Schools, in writing, prior to November 30th of the year preceding the school year in which change of level is to be made. This provision is necessary for budgeting purposes.

D. Extra-Curricular Compensation (1) The District will pay stipends for the directing of those extra-curricular activities and special

services approved by the Board. The supervision of stipended extra-curricular activities by employees will be strictly on a voluntary basis.

(2) Stipend positions will be reviewed annually by the Board, and the Board will have the right to

create or to eliminate stipend positions in its sole discretion based on students’ needs. If a stipend position is eliminated and later reinstated, it shall return to a paid status.

(3) Annually, each approved stipend position will be ranked in accordance with the criteria set forth

in Appendix III. The ranking of the respective stipend positions will be completed by the Superintendent and communicated in writing to the Board and the Association not less than four weeks prior to the start of each corresponding activity. The Superintendent may hold a position open if in his/her judgment the District's needs would be better served. A Stipend Committee shall consist of four (4) members, two (2) from the Association and two (2) from the Board. The Committee will meet at least two (2) times per year - in the fall and in the spring. The Committee will review any stipend position if requested by the Association or the Board, said review to take place no later than two (2) weeks from the date of request, unless a later date is mutually agreeable. The holder or prior year's holder of the stipend position involved shall attend such meeting at the request of any member of the Committee. The purpose of the Committee is to review the ranking of the stipend positions and to recommend any corrections based on the criteria set forth in Appendix III. The Superintendent may review any ranking based upon the recommendation of the Committee.

(4) Appointments to stipend positions are to be made by the Superintendent of Schools.

(5) Holders of athletic stipends will be evaluated by the Athletic Director. In the case of elementary

schools, a designee appointed by the Superintendent shall evaluate. All other stipend holders will be evaluated by their building principals. Evaluations will be completed in writing and will be shared with the stipend holder within 4-6 weeks of the

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completion of the season/activity.

(6) Stipends and other additional compensation will be paid by separate check if the employee desires.

E. Sabbatical Upon the recommendation of the Superintendent, sabbatical leaves may be granted by the Board to employees subject to the following conditions:

(1) Sabbatical Leaves will continue in effect for one (1) employee per year for the duration of this

Contract.

(2) Requests must be received by the Superintendent no later than February 1st, and action must be taken by the Board no later than April 15th prior to the school year for which the sabbatical leave is requested.

(3) The employee(s) making application for sabbatical must have been employed and completed

seven (7) school years of teaching in RSU No. 21 or its predecessors.

(4) The employee selected will receive half (1/2) salary for a full year or full salary for a half (1/2) year of sabbatical and a half (1/2) year of work. Upon return from sabbatical, an employee shall be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the system during the period of leave.

(5) There is a competent replacement available prior to the leave being granted.

(6) The employee granted sabbatical leave shall agree to return to RSU No. 21 with his/her increased

skills or enrichment for a minimum period of two (2) years as agreed (Appendix IV).

F. Departure Employees who resign from their position shall receive all compensation due them on the first payroll date following the thirty (30) days after the effective date of resignation.

ARTICLE VI

CONDITIONS OF PROFESSIONAL SERVICES A. IP Only (1) Attendance at Professional Meetings

(a) All IP shall attend general meetings called by the Superintendent.

(b) All IP of a respective school shall attend all general meetings called by the principal of the school, unless waived by the principal.

(2) Use of Educational Media IP will make use of available educational media where applicable and will familiarize themselves with all available audio-visual aids.

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(3) Evaluation of Students (a) Homeroom or subject teachers, as assigned, shall record evaluations of all students in legible

fashion according to an evaluation system approved by RSU 21.

(b) All teachers shall, during the first ranking period of the school year, review each student's cumulative folder and become familiar with the backgrounds of all their students, paying particular attention to learning disabilities and physical handicaps and to special problems; the principal, guidance personnel, and district nurse will make special efforts to call attention of the proper individuals to such special problems on or prior to the opening day of the school year.

(4) Special Subject Teachers Special subject area teachers shall correlate their subject matter with other areas of the curriculum and in cooperation with the classroom teachers; further, teachers in departmental programs shall make an effort to correlate their subject matter with other areas of the curriculum.

(5) Special Student Help (a) All teachers shall plan time outside of the class schedule for the purpose of providing special

help to students who need it.

(b) All teachers shall report any unusual problems of a pupil to parents and to the school administration. A Student Assistance Team (S.A.T.) shall be held prior to a Special Education referral for any special needs or concerns. Referral forms are to be used to begin the Individual Education Plan (IEP) process.

(6) Parent Teacher Conferences At least once each year all homeroom and/or subject teachers, as assigned, shall plan and conduct parent-teacher conferences regarding the progress of each pupil, in accordance with schedules as arranged by principals. All teachers will hold periodic conferences throughout the year with parents of pupils who have problems or who are making unsatisfactory progress.

(7) General (a) All teachers shall participate annually in in-service education/professional growth

programs as approved by the building principal and/or Superintendent.

All teachers, in cooperation with their building principal, will develop individual or group plans for professional growth which take into consideration:

(1) The individual short term or long term goals of the teacher;

(2) Recommendations resulting from the written teacher evaluation;

(3) Individual school or school district needs.

Such professional growth might include the following: in-service work, personal reading, observation and visitations, formal course work, workshops or other means of developing

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continued instructional growth. (b) Upon request of the principal and/or Superintendent, teachers shall serve on committees

related to curriculum, instruction, or assessment.

(c) The nature of teaching is such as to require flexible hours and a flexible schedule. Such time as is necessary to prepare lessons, correct papers, prepare examinations, prepare grade reports, maintain attendance records, assume supervisory duties with respect to daily operation of the school and extra-curricular activities as assigned by the principal, to complete reports requested by the administration, etc., is recognized as part of the teacher's responsibilities. The Board shall consult with the Association and shall adopt policies to insure fairness in the assignment of supervisory duties with respect to extra-curricular activities.

(d) All teachers shall assist other teachers by taking part of their responsibilities in

emergencies. Building principals shall provide coverage for teachers who must be out of their building for District needs.

(e) Although recognizing the values of para-professional services and/or differentiated

staffing, teachers shall assist in supervising bus pupils, loading and unloading school buses, and supervising the cafeteria.

(f) Classroom teachers are responsible for making referrals of pupils who may be in need of

special education services. It is the further responsibility of classroom teachers to participate in the Pupil Evaluation Team process for their pupils (upon request) and to follow through with prescriptive services through cooperative efforts with special education and resource personnel, as well as with direct classroom services as indicated in the Individual Educational Plan.

(g) Any itinerant teacher who is required to travel within the District in order to meet his/her

job assignment shall receive a mileage reimbursement in line with the State of Maine’s reimbursement for travel.

(8) Non-Teaching Duties (a) The Board and the Association acknowledge that the primary responsibility of a teacher is

to teach and that their energies should, to the extent possible, be utilized to this end.

(b) Teachers shall participate in supervision of homerooms, study halls, corridors, assemblies, cafeterias, and playgrounds, as assigned by the principal.

(c) Teachers shall supervise their detention sessions, except under emergency conditions, or

as authorized by the building principal.

(d) Teachers shall attend all Open House sessions in their respective schools unless excused by the principal and/or Superintendent.

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(e) The Association shall assist the school administration in developing the annual school calendar and any modification required thereto for consideration by the Board.

B. Nurses (1) The school nurse shall arrange his/her schedule so as to provide sufficient coverage for the entire

school day, subject to the approval of the building principal.

(2) School nurses shall be available without extra compensation at such times as may be necessary to perform the various additional duties, including scheduled faculty meetings, staff conferences or other appropriate meetings, at the discretion of the building principal, recognizing that some of these meetings fall far beyond the work day of part-time nurses.

(3) While nurses are generally expected to be present during school hours and to keep their

respective building administrators advised as to their whereabouts at all times, the parties recognize that the caseload will require some flexibility in working schedules.

(4) The work year shall be 182 days.

(5) The school nurses shall focus on students as individuals, assessing and planning for disease

prevention, health promotion, health maintenance as well as disease and injury resolution, by: (a) Verifying and documenting that all students comply with the Maine School Immunization

Law. (b) Maintaining a cumulative Permanent School Health Record on every matriculated

student.**

(c) Implementing vision, hearing and spinal screenings.** (d) Implementing pre-kindergarten health history screening. (e) Providing one-to-one and group health counseling. (f) Providing primary and emergent care to students. (g) Documenting assessment data and nursing actions on Nursing Log. (h) Administering medications according to RSU No. 21 Medication Policy. (i) Communicating verbally and/or in writing with parent(s), legal guardians(s), teachers,

guidance counselors, social worker, school psychologist, and administrators regarding student health needs/problems to assist the student educationally and enhance his/her well-being.

(j) Collecting, documenting and analyzing data regarding child abuse and neglect and making formal referrals as a member of the Child Abuse Team to the Maine Department of Human

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Services, Division of Child Protection.**

(k) Being knowledgeable of community health resources and referring students to these resources as needed.

(l) Participating in Individualized Educational Plans (IEP’s) and Section 504 of the Rehabilitation Act of 1973 (504) meetings when a student has a health problem.

(m) Developing, writing and implementing Individual Health Plans for students who are

medically fragile/have significant chronic health needs. Many of these students will meet 504 and IDEA criteria.

(6) The school nurses shall focus on professional development by:

(a) Updating knowledge and skills through workshops, courses and reading professional

health literature.

(b) Identifying strengths and weaknesses through self and peer evaluation. (c) Developing a plan of action to strengthen weak area(s). [** indicates mandated by state and/or federal law]

ARTICLE VII

TRANSFERS AND REASSIGNMENTS

A. Transfers and Reassignments (1) No later than two (2) weeks after a staff opening occurs, the Superintendent shall deliver to the

Association, and post in all school buildings and on the district web site, a notice of the vacancy.

(2) 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 intent with the Superintendent of Schools. Such statement shall include (1) the grade and/or subject to which the employee desires to be assigned, and the school or schools to which he/she desires to be transferred, in order of preference, and (2) the reasons for the desired transfer.

(3) In evaluating the request for voluntary reassignment and/or transfer, the wishes of the individual

IP will be honored to the extent to which the transfer conforms with instructional requirements and the best interest of the school system. If more than one IP has applied for the same position, criteria for acceptance will be given priority as follows:

First Priority: Needs of the District; Second Priority: Qualifications of the candidates; Third Priority: Length of service of the candidates.

(4) IP not receiving a position requested shall be informed, in writing, by the Superintendent.

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ARTICLE VIII EVALUATION OF EMPLOYEES

A. Evaluations The principal and supervisor, or other administrator, shall supervise and evaluate the work of the employees. On forms and at intervals prescribed by the Superintendent, the principal shall submit evaluation reports to the Superintendent. It is the duty of the principal to see that each evaluation report is reviewed with the respective employee. The principal shall give a copy of the evaluation to the employee.

The Administration will develop evaluation tools for IP and for Nurses. Narrative and other instruments may be used as additional evaluation tools.

The Association will work with the Superintendent and Administrative Council to see that any employee not performing his/her assignment in a manner deemed satisfactory by administrators, will be helped and counseled.

B. Plan of Assistance (1) A continuing contract IP will be placed on a Plan of Assistance if he/she receives two (2) or more

“unsatisfactory” ratings under the District’s formal evaluation tool. A Plan of Assistance is designed to help improve the IP in his/her specific areas of noted deficiency. An IP placed on a Plan of Assistance will remain on the formal evaluation cycle until he/she successfully completes all components of the Plan of Assistance.

(2) Provided that the IP has received at least one evaluation under the District’s evaluation tool after

September 1, 2006, an IP who has been placed on a Plan of Assistance shall not be eligible for an annual step increase on the salary scale and shall remain on the salary step level attained at the time of placement on the Plan of Assistance until the IP has successfully completed all components of the Plan of Assistance.

(3) Upon successful completion of the Plan of Assistance, the IP shall resume his/her annual

progression on the salary scale except that no experience credit shall be granted while on the Plan of Assistance.

(4) IP’s who have been placed on a Plan of Assistance as a result of their first evaluation shall be

provided one year to successfully complete the Plan of Assistance before step progression is withheld as provided in subsection 2.

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ARTICLE IX GRIEVANCE

A. Purpose

For the purpose of this Agreement the following procedure is to secure at the lowest possible level solutions to disagreements or disputes between the Board and any employee or group of employees involving only an alleged specific provision of this agreement as it relates to interpretation, meaning, or application, except provisions expressly excluded from the grievance procedure contained in this Agreement.

B. Definitions

(1) A "grievance" is a claim based upon an event or condition where there is a disagreement or dispute as to the interpretation, meaning, or application of any of the provisions of this Agreement which results in an actual injury or deprivation of rights or benefits to an employee.

(2) An "aggrieved person" is the person, persons or Association making the claim.

(3) A "party in interest" is: (a) the person, persons, or Association making the claim; (b) any other

person who might be required to take action; or (c) against whom action might be taken in order to resolve the claim.

(4) "Days" shall mean working school days, except in the summer months, when “days” shall be Monday through Friday, excluding legal holidays.

(5) "Employees" shall be those individuals as defined in Article I, Section A. C. Time Limits

(1) Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level (in Section D, following) should be considered as a maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual written agreements between the Association and the Superintendent.

D. Grievance Procedure

Step One In order to adjust a grievance of an employee, the employee shall present his/her complaint, to his/her immediate authority within ten (10) days after the employee becomes aware or should have become aware of the treatment, act, or condition which is the basis of his/her grievance of the complaint. If the employee is not satisfied with the informal resolution of the grievance, the employee may file a formal grievance by giving to said authority a written statement of the grievance within thirteen (13) days after the treatment, act or condition which is the basis of the grievance. Said authority shall provide a written reply within ten (10) days after receiving the written grievance.

Step Two The employee may appeal a decision to each higher authority in turn by filing written notice to that

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authority within ten (10) days after receiving the written decision from the lower authority. Said authority in each instance shall reply in writing within a ten (10) day period. All appeals shall be presented in writing.

Step Three - Superintendent of Schools The employee may appeal to the Superintendent by filing a written grievance with him/her within ten (10) days after receiving notice of the final decision under Step Two. The Superintendent of Schools shall review the materials submitted to him/her, may discuss the issue with the parties involved, and shall render a written decision within ten (10) days after receiving the written grievance.

Step Four - Board of School Directors To carry an appeal to the Board of School Directors, an employee shall, within ten (10) days after receiving notice of the Superintendent's decision, submit the complete records thus far accumulated, plus his/her written reason for said appeal to the Superintendent of Schools, who shall notify the Chairman of the Board of School Directors within five (5) days. The Chairman shall determine whether to schedule the appeal for an executive session at the next regular meeting or at a special meeting. (See E-1 General, below.). The Board/designee shall render a written decision within ten (10) days after hearing the appeal of the grievance.

Step Five - Arbitration

(1) If such grievance is not resolved to the satisfaction of the Association and the Association deems the grievance meritorious, it may request arbitration of the grievance by writing to the Superintendent within ten (10) school days after receiving notice of the Board’s decision.

(2) Within five (5) days after receipt of the aforesaid written request, the Board chair/designee and

the President of the Association/designee shall jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within five (5) days, the Association shall immediately call upon the American Arbitration Association, to select an arbitrator in accordance with its rules and regulations.

(4) The arbitrator shall fix a time and a place in R.S.U. No. 21 for a hearing, upon reasonable notice

to each party.

(5) After such hearing the arbitrator shall promptly render a decision within thirty (30) days which shall be binding upon both parties, but the arbitrator shall have no power to render a decision which adds to, subtracts from, or modifies, this Agreement; the decision shall be confined to the meaning of the contract provision which gave rise to the dispute.

(6) The arbitration proceedings shall be conducted in accordance with the rules and procedures of the

American Arbitration Association. (7) The costs for the services of the arbitrator, including his/her per diem expenses, if any, and

his/her actual and necessary travel and subsistence expenses, and the cost of a hearing room and transcript, if any, will be shared equally by the Board and the Association. All other costs will be paid by the party incurring them.

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E. General (1) At no point prior to an official hearing or meeting of the Board, at which time the grievance is

being resolved, shall the employee concerned, or other employees, discuss with members of said Board, or any one of them, the subject of the employee's grievance or matters relating to the substance of the grievance.

(2) Nothing in these sections denies the right of the employee to secure advice, counsel, and

representation from any person and/or the appropriate committee of the Association, which shall have the responsibility of following the appropriate administrative channels.

ARTICLE X

REDUCTION IN FORCE

A. Position Elimination (1) If the Board is contemplating the elimination of any bargaining unit position, it (or its designee)

will notify the Association. The Board (or its designee) will meet and consult with the Association upon request prior to a decision to eliminate any bargaining unit positions.

(2) A decision by the Board to eliminate any bargaining unit position shall not be subject to the

grievance procedure or arbitration.

(3) In the event that the Board decides to eliminate any bargaining unit position, it shall give the Association prompt written notice of the positions to be eliminated.

B. Selection of Employees for Layoff (1) Except in the case of probationary teachers who are not reemployed for the following school

year, the selection of the employee(s) to be terminated as a result of the elimination of any bargaining unit position(s) shall be made in accordance with the following terms:

(a) Within each affected impact area, employees shall be laid off in inverse order of seniority

except as modified hereinafter.

1. The least senior employee(s) in an impact area may be retained and the next senior employee(s) laid off when the teachers remaining in an impact area are not qualified on the basis of current certification, experience, or training to provide the programs to be retained in the impact area. Performance evaluations shall not be used as a factor in determining the employee to be laid off until the district has adopted its Performance Evaluation and Professional Grown System as provided in subsection 2 below.

2. Beginning in the 2014-2015 school year, upon adoption of a Performance Evaluation and Professional Growth System as contemplated under Chapter 508 of Title 20-A MRSA, any employee receiving an “ineffective rating” from his/her most recent evaluation shall be considered for layoff first.

(b) The following 26 impact areas will be used:

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1. Grades K-5 (1)

2. Grades 6-8 (1)

3. 9-12: (7) Math, Social Studies, English, Business Education, Science, Co-op Education, Technology/Industrial Education.

4. K-12: Foreign Language, Library Media , Art, Music, Physical Education, Health,

Gifted/Talented, Title 1, Computer Studies, Guidance, Drama, Alt. Ed., RTI (K-12)*, and Special Education as follows: Speech Therapy, Other special education positions grade K-8, Other special education positions grade 7-12; Nurses (K-12).

*Note: An employee who has transferred to a position in the RTI impact area shall also be listed in the prior impact area from which he/she was transferred.

Impact areas will be reviewed annually by September 15th, to assure relevance to current situations, as they may change.

(c) Seniority shall be based on continuous employment in RSU No. 21 and its predecessors

(MSAD No. 71 and Arundel School Department) as an employee covered by this agreement. When two or more employees have the same length of continuous employment in RSU No. 21, the following criteria shall be used to determine seniority:

1. actual date of hire, as reflected in School Board approval minutes of nomination;

then 2. years of experience in employee’s impact area; then 3. total years of teaching experience. 4. actual date of starting work 5. Superintendent’s designation

(d) Periods while an employee is either on an approved leave of absence, or on layoff subject to recall as described below shall not be considered a break in continuous employment in RSU No. 21 and shall be counted in the computation of seniority.

(e) Part-time employees Part-time teachers shall be selected for lay-off by seniority prior to consideration of a full-

time teacher unless retention of the part-time teacher is necessary to support the remaining programs offered.

Adjustments to part-time schedules do not constitute a reduction in force subject to this

Article but rather are understood to be necessary for the scheduling needs at a particular level or in a particular discipline.

(f) In any arbitration properly invoked in connection with this Article, the arbitrator's

authority shall be limited to determining whether or not the Board has applied the criteria for selection set forth above in an arbitrary and capricious manner.

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(g) It is understood that this Article relates only to termination of employees’ contracts resulting from elimination of positions and does not relate to or affect the Board's statutory authority to dismiss employees or not to renew employees’ contracts.

(2) Employees whose assignments include more than one impact area shall be considered to be in

that impact area which encompasses the major portion (more than 50%) of the employee’s assignments during the year in which the reduction in force occurs. If the major portion of an employee’s assignments are not in any one impact area, all assignments over the past three years shall be reviewed to determine the impact area.

C. Seniority List Preparation (1) The Superintendent shall annually provide the Association and post in all designated teachers'

rooms a seniority list by fourteen (14) days from the execution of this Agreement and then by September 30th of each school year thereafter. All employees shall be listed in the impact area reflecting their current assignment, in descending order of seniority. The list shall show each employee’s name; date when the employee’s continuous employment in RSU No. 21 began; and, if relevant to determination of seniority order, the employee’s total employment experience in the employee’s impact area. Employees whose current assignment is in more than one impact area will be listed in the impact area in which they spend the major portion of their school day.

(2) Any disagreement with the list must be reported by the Association to the Superintendent (or if

by an employee, to the Association and the Superintendent) within ten (10) days after delivery of the list to the Association and posting. Otherwise, the list shall be deemed to be accurate. Any changes to the list, other than those changes resulting from the disposition of disagreements reported during this ten (10) day review period, will be made only by mutual agreement of the Superintendent and the Association.

D. Rights Upon Layoff (1) Notice: An employee who is to be laid off shall receive at least ninety (90) calendar days' notice

of layoff in writing. A copy of the notice of layoff shall be simultaneously sent to the Association.

(2) Benefits:

(a) An employee who is notified that he/she is to be laid off shall be granted up to two (2) days leave with pay, upon request to and approval by the Superintendent, for the purpose of seeking alternate employment.

(b) Employees who have been laid off may participate at their own expense, in the District's

group health insurance plan for such period as is permitted under the insurance contract, not to exceed two (2) years from the effective date of layoff.

(3) Recall (IP only):

(a) A teacher with a continuing contract who is laid off shall be eligible for consideration for recall for two (2) years from the effective date of the teacher's layoff, or until they have either refused an offer of a position of an equivalent amount of time from the Board or have signed a contract elsewhere for a position of an equivalent amount of time.

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Equivalent time in this paragraph refers to the time of the position from which the teacher was reduced. It is the responsibility of the teacher to inform the Superintendent, in writing, of changes in job status and to furnish the Superintendent with a current mailing address.

(b) The Board (or its designee) shall mail to the Association and to each teacher who is

eligible for recall consideration a list of all existing and anticipated teaching vacancies as soon as each opening is known.

(c) Teachers who wish to be considered for such a vacancy shall inform the Superintendent

within ten (10) days of the notification letter of their interest in the available position(s). A teacher eligible for recall consideration shall retain the right to reemployment in any available position within the teacher's impact area for which the teacher is qualified (by certification, experience, and training) and interested, prior to the employment of new hires. Where more than one teacher who is eligible for recall consideration is qualified for and interested in recall to a position, recall shall occur in order of seniority. If a teacher is offered reemployment in accordance with these terms and refuses, a teacher shall forfeit further eligibility for recall consideration.

(d) All benefits to which a teacher was entitled at the time of layoff including accumulated

sick leave, seniority status, and sabbatical eligibility, shall be restored upon return to active employment unless current contract stipulates otherwise.

ARTICLE XI

MISCELLANEOUS A. Policies

All provisions contained in the Policies of RSU No. 21, and as they may be amended, are accepted, approved, and endorsed.

B. Fiscal Responsibilities

(1) The Association acknowledges that fiscal provisions approved jointly by the Board and the Association as a part of this Agreement can be executed only to the extent to which monies are appropriated to cover such provisions and, further, that failure on the part of the Board to meet these provisions because of the lack of sufficient resources shall not be raised as a grievance and shall not result in any other action.

(2) The Board acknowledges its responsibility to request sufficient monies to cover all provisions

which have been included as a part of this Agreement.

(3) The Board and the Association recognize their responsibility jointly and actively to support such requests.

C. Normal Operation of Schools

(1) During the term of this Agreement, teachers and the Association, its officers, agents and members, will not cause, sponsor, encourage, or engage in any action that might interfere with

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the normal operation of schools by the Board including, without limitations, any strikes, slowdowns, sanctions, or professional alerts (so- called); and

(2) Will not cause, sponsor, encourage, or request any such action by others.

(3) If any such action by others occurs, the Association will promptly and publicly request such other

parties to cease such action immediately. D. Codes of Ethics

All IP shall comply with the National Education Association Code of Ethics. All nurses shall comply with the National Association of School Nurses Code of Ethics.

E. All terms and conditions of employment applicable on the effective date of this Agreement, to

employees covered by this Agreement as established by the rules, regulations and/or policies of the Board, and in force on said date, shall continue to be so applicable during the term of this Agreement unless otherwise provided in this Agreement.

F. The Board agrees not to negotiate concerning said employees in the Association with any organization

other than the Association for the duration of this Agreement. G. Neither party to this contract shall be required by the other to re-negotiate any of its terms, or to

negotiate any other matter pertinent to this contract which is not presently covered by this Agreement. Amendments to this contract, agreeable to both parties, shall be effected by "Letter of Amendment" in writing, duly executed by both parties.

H. The parties acknowledge that the athletic and non-athletic stipends determined herein shall apply only to

members of this bargaining unit. Stipends for the district’s hourly employees must be compensated in accordance with the Fair Labor Standards Act.

ARTICLE XII CONFLICT

If any provision of this Agreement or any application thereof to any teacher or group of teachers is found contrary to law, then such provision or application will be valid and subsisting only to the extent permitted by law. All other provisions or applications will continue in full force and effect.

ARTICLE XIII AMENDMENT PROCEDURE

A. Representatives of the Board's and of the Association's negotiating committees shall meet at the request

of either party for the purpose of reviewing the administration of the Agreement, and to resolve problems that may arise. These meetings are not intended to bypass the grievance procedure as is set forth in Article IX.

B. Each party shall submit to the Superintendent, at least ten (10) days prior to the meeting, a list of items

covering matters it wishes to discuss. The Superintendent shall submit a copy of each list to each party

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APPENDIX I

Instructional Personnel Salary Scale

2012 - 2013 Instructional Personnel Salary Scale

Level BA MA DOC

0 $ 34,138 $ 37,552 $ 40,966 1 $ 35,845 $ 39,259 $ 42,673 2 $ 37,552 $ 40,966 $ 44,380 3 $ 39,259 $ 42,673 $ 46,087 4 $ 40,966 $ 44,380 $ 47,794 5 $ 42,673 $ 46,087 $ 49,501 6 $ 44,380 $ 47,794 $ 51,208 7 $ 46,087 $ 49,501 $ 52,915 8 $ 47,794 $ 51,208 $ 54,622 9 $ 49,501 $ 52,915 $ 56,329 10 $ 51,208 $ 54,622 $ 58,036 11 $ 52,915 $ 56,329 $ 59,743 12 $ 54,622 $ 58,036 $ 61,450

LONGEVITY

After 14 years experience with the last five years in RSU 21 $ 56,424 $ 59,951 $ 63,478





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Level BA MA DOC

0 $ 34,650 $ 38,116 $ 41,582 1 $ 36,383 $ 39,849 $ 43,315 2 $ 38,116 $ 41,582 $ 45,048 3 $ 39,849 $ 43,315 $ 46,781 4 $ 41,582 $ 45,048 $ 48,514 5 $ 43,315 $ 46,781 $ 50,247 6 $ 45,048 $ 48,514 $ 51,980 7 $ 46,781 $ 50,247 $ 53,713 8 $ 48,514 $ 51,980 $ 55,446 9 $ 50,247 $ 53,713 $ 57,179 10 $ 51,980 $ 55,446 $ 58,912 11 $ 53,713 $ 57,179 $ 60,645 12 $ 55,446 $ 58,912 $ 62,378

LONGEVITY






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Level BA MA DOC

0 $ 35,343 $ 38,877 $ 42,411 1 $ 37,110 $ 40,644 $ 44,178 2 $ 38,877 $ 42,411 $ 45,945 3 $ 40,644 $ 44,178 $ 47,712 4 $ 42,411 $ 45,945 $ 49,479 5 $ 44,178 $ 47,712 $ 51,246 6 $ 45,945 $ 49,479 $ 53,013 7 $ 47,712 $ 51,246 $ 54,780 8 $ 49,479 $ 53,013 $ 56,547 9 $ 51,246 $ 54,780 $ 58,314 10 $ 53,013 $ 56,547 $ 60,081 11 $ 54,780 $ 58,314 $ 61,848 12 $ 56,547 $ 60,081 $ 63,615

LONGEVITY






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APPENDIX IA

NURSE’S SALARY SCHEDULE

2012 - 2013

2013 - 2014

Step Experience Salary


1 0 - 1 $ 30,518

1 0 - 1 $ 30,976 2 2 - 3 $ 34,119

2 2 - 3 $ 34,631

3 4 - 6 $ 37,720

3 4 - 6 $ 38,286 4 7 - 9 $ 41,321

4 7 - 9 $ 41,941

5 10 - 12 $ 44,922

5 10 - 12 $ 45,596 6 13 - 15 $ 48,523

6 13 - 15 $ 49,251

7 16 - 18 $ 52,124

7 16 - 18 $ 52,906 8 19+ $ 55,725

8 19+ $ 56,561

2014 - 2015


1 0 - 1 $ 31,596 2 2 - 3 $ 35,324 3 4 - 6 $ 39,052 4 7 - 9 $ 42,780 5 10 - 12 $ 46,508 6 13 - 15 $ 50,236 7 16 - 18 $ 53,964 8 19+ $ 57,692

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APPENDIX II

CAREER LADDER EXHIBIT

A. Stipends ADVANCED PROFESSIONAL CAREER LEVEL

$3,000 $4,000

B. Evaluative Criteria (1) Candidates for Career Ladder must attain a rating of “Distinguished” in 6 or more

of the performance indicators and no ratings below “Proficiency”, in addition to fulfilling the other requirements of the Career Ladder Process.

(2) Career Ladder Teachers must maintain a rating of “Distinguished” in 6 or more of

the performance indicators and no ratings below “Proficiency.”

(3) Career Ladder Teachers who fail to maintain this level of performance have one year in which to reestablish a rating of “Distinguished” in 6 or more of the performance indicators and no ratings below ‘Proficiency.’

(4) Evaluation of Career Ladder Teachers, both Advanced Professionals and Career

Level, will take place as scheduled by the Superintendent except for cases where a teacher fails to maintain the required level of performance. In these cases, evaluation is required during the next academic year.

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APPENDIX III - ATHLETIC AND CO-CURRICULAR STIPENDS

Stipend Rubric

I. Time (hours): Consider length of season, frequency of practices, meetings, events, games, performances, etc.

8: 180 or more hours 7: 160-179 hours 6: 140-159 hours 5: 120-139 hours 4: 100-119 hours 3: 80-99 hours 2: 60-79 hours 1: 1-59 hours

II. Number of participants: Consider the number of students who are official members of the team/club/activity and for whom the advisor/coach is directly responsible on an ongoing basis.

0: No students 1: 1-25 students 2: 26 or more students

III. Management Responsibility: Consider the level at which the coach/advisor must schedule and plan events, practices, and/or games/performances, and the frequency and complexity of those events.

0: No planning responsibilities 1: Weekly or Monthly scheduling and or planning of complex events. 2: Daily scheduling and or planning of complex events.

IV. Potential for Injury to Students: Consider the nature of the activity and the exposure of students to risk of injury.

0: Non-athletic co-curricular activity 1: Lifelong, non-contact athletic activity 2: Collision or high-contact athletic activity

V. Staff Supervision: Consider the number of staff, not including volunteers, who report directly to the coach/advisor.

0: No assistants 1: 1 or 2 paid assistants 2: 3 or more paid assistants

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TOTAL:

The total number of points represents the percentage by which the base teacher’s salary will be multiplied to determine the stipend for each varsity coach or lead advisor. To determine sub-varsity and assistant advisor stipends, the following formula will be used: High School Assistant, Junior Varsity and Freshmen coaches or advisors: 60% of Varsity or Lead Advisor Middle School Coaches: 50% of Varsity base stipend Middle School Assistant Coaches: 40% of Varsity base stipend For individuals currently serving, it is understood that no stipend will decrease. Stipends will be grandfathered until the adjusted amount meets or exceeds the original amount, or until a new individual is appointed to the position. Grandfathered Employees Any employee who, as a result of the application of the Stipend Rubric above, would experience a reduction in their stipend position in contract year 2012-13, shall be grandfathered under the prior 2011-12 formula for determining stipends. Grandfathered employees will receive an annual increase determined by the adjustment of the salary scale according to this contract (2012-13 – 1.0%, 2013-14 – 1.5%, 2014-15 – 2.0%). The district will allow initiators of programs to receive a flat amount for the first year of a new program while the advisor/coach explores the weight of the factors that will be required to establish a permanent stipend for the position. The flat amount will be set by the superintendent and will be in place for no more than one year. Extended Season Coaches and Advisors of sports/activities identified by the superintendent will receive an amount equal to 10% of the annual stipend if their season is extended by meeting a qualifying standard. It is understood that some sports/activities automatically qualify for regional or state-level competition, and therefore the standard for this extra stipend must be clearly identified. The 10% extended season stipend is also awarded to high school sub-varsity coaches who serve as assistant varsity coaches throughout the extended season.

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APPENDIX IV

SABBATICAL LEAVE AGREEMENT

THIS AGREEMENT made this day of , 20 , by and between the

Board of School Directors of RSU No. 21, hereinafter referred to as the “Board,” and

, of , Maine hereinafter referred to as the

“Teacher.”

WHEREAS, the Teacher has applied for and the Board has granted the Teacher a

Sabbatical Leave for the period to ,

hereinafter referred to as the “Sabbatical Period,” for the following purpose(s):

and,

WHEREAS, the provisions of state law and the terms of the applicable collective

bargaining agreement provide that such leaves may be granted under certain conditions, assumed

by the Teacher;

NOW THEREFORE, the parties agree as follows:

1. Salary and Health Insurance. The teacher selected will receive half (1/2) salary for a full

year in the amount of $ or full salary in the amount of $ for a

half (1/2) year of sabbatical and a half (1/2) year of work. Upon return from sabbatical a

teacher shall be placed on the salary schedule at the level which he/she would have

achieved had he/she remained actively employed in the system during the period of leave.

Furthermore, the Board will provide health insurance during this time as if the teacher

were working full-time.

2. Return to Employment. At the end of said Sabbatical Period, the Teacher shall agree to

return to employment as a teacher employed by the Board for at least two (2) school years

next following said Sabbatical Period, at the negotiated salary then in effect.

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3. Repayment of Salary. In the event the Teacher fails to comply with the provisions of Section 2 above, or

fails to use the Sabbatical Year for the purpose(s) approved by the Board and stated herein, or otherwise

breaches this Agreement, the Teacher will repay to the Board an amount equal to the total of the salary

payments and health insurance premiums paid to or on behalf of the Teacher during said Sabbatical

Period. Provided, however, that if the Teacher in breach of his/her contractual requirement to remain

employed for the period specified in Section 2, partially fulfills said reemployment requirement, the

Teacher will pay to the Board the same proportion of said total payments as the Teacher’s period of

reemployment bears to the required reemployment period.

4. General Supervision. To ascertain whether the Teacher is fulfilling or has fulfilled the purposes of the

Sabbatical Leave, the Board and its Superintendent shall retain the general power of supervision over the

Teacher as is normally exercised during employment and shall have access to such information as may

be necessary. Upon completion of the Sabbatical Leave, the Teacher shall provide documentation that

they completed the Sabbatical as originally approved.

5. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no

promises, understandings, conditions, or obligations other than those stated herein. This Agreement may

not be changed except by written agreement signed by the parties hereto.

Executed at , Maine the day and year first written above.

Signed and delivered in the presence of BOARD OF SCHOOL DIRECTORS OF RSU No. 21

By:

Witness Superintendent

Witness Teacher

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ADDENDUM I

RECOGNITION CLAUSE

The following employees are included under the Recognition Clause contained in Article I and are members of the bargaining unit for the duration of their employment in their current positions: Eileen Harris – Special Education Consultant Fran Kessler – Social Worker Beverly Dow – Social Worker

ADDENDUM II SIDE AGREEMENT REGARDING WAIVER OF TUITION FOR CHILDREN OF

NONRESIDENT IP (IP ONLY)

Free tuition in RSU No. 21 schools shall be granted, on a space available basis, to children of IP who are employed in the District and who reside outside the District in accordance with the following provisions:

(1) The IP(s) were employed by M.S.A.D. No. 71 for all or part of the 1994-95 school year, said child(ren) was born or adopted by the IP before July 1, 1996 and is enrolled as a student in RSU No. 21 on a tuition waiver basis as of September 1, 2009;

or

(2) The IP(s) were employed by the Arundel School Department for all or part of the 2008-09 school year and said child(ren) is enrolled as a student a Mildred L. Day School on a tuition waiver basis as of September 1, 2009. The tuition waiver shall be limited to RSU No. 21 schools and such student(s) shall not be eligible for tuition status to any other school outside the district.

The following teachers are eligible for the benefits contained herein:

Laurie Aportria

ADDENDUM III - LETTER TO STAFF REGARDING USE OF PERSONAL LEAVE DAYS

Under the terms of the collective bargaining agreement between the Kennebunk, Arundel and Kennebunkport Education Association and the RSU No. 21 Board of School Directors, teachers are allowed up to two (2) personal days to be used only for business which cannot be transacted after the regular school day. This agreement represents a balance between the private needs of staff, the struggle to find competent substitutes, and the detrimental impact on students when teachers are absent from their classroom. Both the Association and the Board agree that usage should be limited to personal matters which arise from time to time, in which the staff has no control, and which are of a compelling nature. We trust that, as professionals, staff will exercise prudent judgment regarding the appropriate use of personal leave days. Usage of personal days for purposes other than what they were originally intended is harmful to the staff, the students, and the district as a whole.

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