Untitled Document

ARTICLE 1 - RECOGNITION

1.1 Recognition - The Board of Education of Washington County, hereinafter referred to as the “Board,” recognizes the Washington County Teachers Association, hereinafter referred to as the “WCTA” and/or “Association,” as the exclusive negotiating agent for all certificated unit members, including, but not limited to, classroom teachers, librarians, media specialists, counselors, television teachers, special area teachers, curriculum specialists, and others paid on the salary scale in this Agreement, pursuant to Title 6, Subtitle 4, Section 6-404 of the Education Article of the Annotated Code of Maryland. Further, the Board agrees to negotiate with the WCTA for the purpose of reaching a formal agreement with respect to all matters that relate to salaries, wages, hours, and other working conditions for “retired/rehired” teachers.

1.2 Part-time Employees - Part-time employees shall not be employed where a qualified full-time applicant is available and willing to accept the complete assignment.

1.3 Temporary Employees - A temporary employee excluded from the bargaining unit is one who is hired for a period of up to six (6) months and so informed at the time of hire and fills a temporary job or for a special project or to replace any employee on leave. A position opened as a result of leave granted in Article 12
shall not be covered by this section.

1.4 Definitions - Unless otherwise indicated, the term “teacher(s)” or “employee(s)” shall refer to all members of the negotiating unit and references to males shall include females.

ARTICLE 2 - ASSOCIATION RIGHTS AND RESPONSIBILITIES

2.1 Association Officers and Faculty Representatives - The Association faculty representatives/alternates shall be identified by the Association not later than the last school day of the school year prior to their tenure of office.

2.2 Association Leaves - The Association shall be granted fifty (50) days of leave without loss of pay or fringe benefits to those individual members of the Association using the leave days as authorized by the President. The Association shall bear the full cost of providing substitutes for said leave days. The Association President, upon request, shall be granted release time as a classroom teacher for the length of his/her elected presidency of the WCTA pursuant to the following terms and conditions:

     • For the purpose of this agreement, one (1) year of the President’s term shall be from July 1st through June 30th.
     • The Association shall submit a request for continuation of the release time to the Board by May 1st prior to the expiration of the President’s term in office.
     • Following the first meeting of the Association President and the Board of Directors, the President shall provide the Superintendent with a written report detailing the WCTA’s goals, focus, and priorities for that school year.
     • At least twice a year, the President and Superintendent shall meet to discuss the Association’s progress toward meeting its goals, as well as any other topics of mutual interest.
     • The WCTA understands and agrees that the Board shall contribute no compensation ($0) toward the President’s total salary and benefits. The Association shall reserve the right to deviate the President’s work year from the one outlined in Article 5.2 of the Negotiated Agreement by communicating its intent to the Superintendent in writing or by email no later than June 1st of each school year. The WCTA shall remain responsible for one hundred percent (100%) of the total cost of the President’s salary and benefits for any increased time to the regular teacher work year.
     • The Association President shall report all absences in the same manner as any regular bargaining unit member.
     • The Association shall reimburse the Board for the President’s salary and fringe benefits in three (3) increments each school year: December 15th, March 15th, and June 15th.
     • The President shall have his/her place on the salary scale advanced at the rate of a teacher on active status.
     • Upon expiration of his/her term in office, the President shall be guaranteed a position within the teacher bargaining unit for which he/she is qualified and approved. Said position shall, if possible, be similar to the one held prior to assuming the presidency.

2.3 Faculty Representatives - Association faculty representatives, not to exceed one (1) representative per twenty (20) member teachers or major fraction thereof per building, will be free of non-teaching duties to conduct Association business within the building before and after the students’ regularly scheduled class day. Such representatives shall be available for student consultation during this time.

2.4 Information to the Association - The Board shall, upon request, provide the Association with eight (8) copies of its annual school directory, a list of new teachers and their addresses where teacher permission is given, a copy of the agenda for public meetings of the Board, and official minutes of the public Board meetings. In addition, the Board shall provide all information related to bargaining as required under the provision of Title 6, Subtitle 4, of the Education Article of the Annotated Code of Maryland.

2.5 Association Meetings - The Association may have use of school buildings free of charge, except for custodial or utility charges incurred as a result of the meeting. The Board will make every effort to arrange custodial work schedules so that no extra time is required.

2.6 Access to Schools - Association representatives may have access to all school buildings, and its representatives may meet with unit members—provided it does not interfere with the educational program of that school, as determined by the appropriate administrator. Upon arrival at any school the representative shall confer with the principal, or a designee, in order to facilitate the visit.

2.7 Association Communications - Inter-school delivery facilities may be utilized by the Association for the distribution of newsletters, flyers, and other non-bulk materials. Any materials for distribution will be placed in the school mail boxes at the Board Office by the Association after approval by the Deputy Superintendent or his/her designee. Such material will be addressed to a faculty representative for distribution in the school. As long as facilities are adequate,
such material can be distributed by this means.

     A. The system may not be used to distribute political materials from any source, including WCTA recommendations for candidates.

     B. The system may not be used to distribute marketing offers, i.e., promote a particular company or make promotional offers to Board employees.

     C. The system may be used by unit members to conduct the business of education/teaching, i.e., a unit member may use the system to communicate the need for, or the delivery of, instructional materials, etc.

2.8 Orientation Meetings - Every effort will be made to provide the Association with time to meet with new teachers during the pre-school orientation sessions for new teachers.

2.9 Board Meetings - The Association will, upon request, be placed on the agenda of public Board meetings.

2.10 Dues Check-off - The employer will deduct from the pay of each employee covered by this Agreement all Association dues, provided that at the time of such deduction there is in the possession of the employer a written authorization validly in effect. An employee’s written authorization shall be irrevocable for a period of one (1) year and shall renew itself thereafter, from year to year, subject each year to revocation in writing received by the Board and the Association prior to September 15th, such revocation to be effective on October 1st following. The deductions shall be made in sixteen (16) equal installments beginning with the salary check issued on or about October 15th, of each year. In case of resignation within a school year, the balance due that year will be deducted from the final salary check issued to the employee. No later than October 15th of each year, the Board will provide the Association with a list of those bargaining unit employees who have authorized dues deductions. Except in the event of unforeseen circumstances, the Board agrees to transmit to the Association via direct deposit after each pay period all dues deducted pursuant to this section. The Association will furnish the authorization forms, the design of which will be approved by the Board. The Association shall accept full liability for any claims of any unit member that arise out of, or by reason of, any action taken by the Board for the purpose of complying with any provisions of this section.

2.11 Bulletin Boards - The Association shall have the right to a reasonable share of faculty bulletin board space in each facility for the display of Association materials.

2.12 Calendar Committee - Four (4) members of the calendar committee shall be appointed by the WCTA.

2.13 Exclusivity - The rights granted to the Association in this Article, except provisions applying to information or facilities available to the public, shall not be granted to any other teacher organization during the term of this Agreement.

2.14 New Hire Access - The Board shall provide all new bargaining unit members at the time of hiring or orientation with a packet containing Association membership materials (membership form, dues amounts, listing of benefits, etc.). Since the purpose of the packet is to provide information about Association membership, political and/or issueoriented material would be considered inappropriate. It shall be the Association’s responsibility to print, assemble, deliver,
and monitor the number of packets needed for distribution. The Board shall also provide the Association access to new unit members as hired throughout the year. Said access shall be coordinated and planned by both parties.

ARTICLE 3 - MANAGEMENT RIGHTS

3.1 Management Rights - The terms and conditions of this Agreement are subject to the authority of the State Board of Education as set forth in the Education Article of the Annotated Code of Maryland. It shall be the exclusive function of the Superintendent of Schools and the Board to determine the mission of the County public education system; set the standards of service to be offered; maintain the efficiency of operations; determine the methods, means, and personnel by which such operations are to be conducted; and to take whatever action to issue whatever rules, policies, and regulations are necessary to carry out the mission of the County public education system for which they are responsible and which is entrusted to them.

ARTICLE 4 - UNIT MEMBER RIGHTS

4.1 Political Activities - The Board and the Association recognize the right of unit members to participate in political and governmental affairs in a manner afforded any other citizen, including the right to vote; the right to discuss political issues; the right to be an active member of a political party; the right to campaign for candidates for election to public office; and the right to seek, campaign for, and serve in public office—provided that such activities are conducted outside the classroom and outside duty hours. This section shall not be construed so as to preclude unit members from using school facilities on the same basis afforded other
citizens engaged in political activity.

4.2 Personal Life - The personal life of a unit member shall be the concern of and warrant the attention of the Board only if it interferes with the regular conduct of the school(s) or as it may directly prevent the unit member from properly performing his assigned functions during duty hours.

4.3 Academic Freedom - Unit members shall be provided academic freedom. Academic freedom shall mean that unit members are free to present instructional materials which are pertinent to the subject and level taught within the outlines of appropriate course content adopted by the Board. Unit members shall present all facets of controversial issues in a scholarly and objective manner within the limits of appropriate pedagogical discretion and propriety. Unit members shall be entitled to freedom of discussion within the classroom and on all matters which are relevant to the subject matter under study and within their area of professional competence.

4.4 Just Cause
     A. No unit member will be disciplined, reprimanded, or reduced in rank or compensation without just cause. A unit member may have a representative present at conferences at which formal disciplinary action is taken. Such conferences shall be held with due regard for a unit member’s privacy.
     B. Unit members will not be publicly ridiculed or disciplined.

4.5 Suspension
Any suspension of a unit member pending a hearing before the Board shall be with pay.

4.6 Reduction in Force
Length of service in the Washington County School System, as determined by the date upon which each unit member’s initial individual contract was signed, will
prevail whenever a layoff occurs. The parties agree that the following procedure will be utilized in any layoff.

For the purpose of identifying positions for which more senior affected unit members may opt:
     • All non-tenured unit members will be considered as nonrenewed.
     • Utilizing a system-wide seniority list, the Board, in consultation with the Association, will identify sufficient number of positions currently occupied by the number of least senior unit members necessary to provide positions for those unit members initially affected by the reduction in force.
     • In determining the number of positions necessary, the Board will pay due attention to all federal and state mandates regarding certification and qualifications for professional staff.

To implement the position selection and placement for affected senior unit members:

     • The Board will contact each senior affected unit member, in order of his/her seniority (most senior first), and will identify for each, all vacated positions for which the unit member is certified and legally qualified.
     • Each will then be provided twenty-four (24) hours (excluding weekends, holidays, and days that are normally workdays when schools are closed) to identify
for the Board his/her preferences for placement in descending order of acceptability.
     • The Board will assign each senior affected employee (most senior first) to the position he/she identified as his/her most preferred placement. Should a more senior unit member have selected his/her first choice, he/she will be offered his/her most preferred position from the identified positions remaining.
     • This implementation process will continue until as many unit members as possible affected by the layoff and the implementation of these procedures have been placed in a position for which they are certified and highly qualified.

Recall

     • Unit members on layoff shall be recalled in order of their length of service as vacancies become available for which they are certified and highly qualified.
     • While a layoff continues, no new hires shall be permitted except where:
         1. There are no unit members on layoff who are certificated and highly qualified to fill a vacant position,or
         2. All certified and highly qualified unit members on layoff decline to fill the vacancy.
     • The Board will provide timely written notice of vacancies to unit members on layoff.
     • Each unit member notified that there is a vacant position for which he/she is certificated and highly qualified will have five (5) workdays in which to exercise his/her recall rights.
     • In order for recall rights to be exercised, unit members must be available to begin work within twenty (20) days after their response to the Board.
     • Affected individuals will retain recall rights for a period of two (2) years.
     • Except where there is a proven medical disability or a valid professional contract in effect with another Maryland public school system, a unit member who declines the offer of a position for which he/she is certified and legally qualified shall forfeit recall rights.

4.7 Personnel File
Unit member files shall be maintained in accordance with the following procedures:

     A. No material related to a unit member’s conduct, service, character, or personality shall be placed in the file unless it is signed by the person submitting the information. The unit member shall be given the opportunity to acknowledge that he/she has read such material, except for confidential references, by affixing his/her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents. No such material shall be used in a hearing against a unit member unless opportunity for such review has been afforded. A unit member’s refusal to sign will be noted by an administrator
and a witness.

     B. The unit member shall have the right to answer any material filed and his/her answer shall be attached to the file copy.

     C. A unit member shall be permitted to examine his/her file at all reasonable times and may be accompanied by an Association representative.

     D. A unit member’s file shall be open to inspection by only those persons whose official responsibilities require such inspection.

     E. A permanent record will be kept listing the date and identity of each person who reviews any part of a personnel file. Each personnel file will contain its own
record of such reviews.

ARTICLE 5 - WORKING CONDITIONS

5.1 Workday - Excepting unit members in specialized assignments, the workday of classroom unit members will ordinarily begin no earlier than thirty (30) minutes before the start of the first regularly scheduled class and will ordinarily end no later than thirty (30) minutes after the end of the last regularly scheduled class. Unit members regularly scheduled to begin their duties earlier or continue to a later time because of special circumstances will not be required to be on duty longer than the regular workday. During the regular school year, the workday for unit members will be seven and onehalf (7.5) hours, including a thirty (30) minute duty-free lunch period.

The workday for unit members in specialized assignments will be eight (8) hours, including a thirty (30) minute dutyfree lunch period.

5.2 Work Year - The maximum number of required workdays for unit members shall not exceed one hundred ninety (190). However, unit members who accept positions that require additional workdays beyond one hundred ninety (190) will be paid their respective per diem rate for each day worked. Eleven (11) month non-school-based positions will be assigned two hundred ten (210) workdays each year, five (5) of which will be paid vacation days. Vacation will be
taken as arranged between the unit member and his/her supervisor.

5.3 Professional Assignments - Insofar as possible, all faculty members in a school shall have equitable loads of classes and other professional duties. Scheduling shall take into consideration such extra, non-compensated duties assigned to unit members. The principal and the faculty in each school shall design a procedure for assigning such duties on an equitable basis.

5.4 Pupil Evaluation Time
     A. During a regular workday at or near the end of each grading period, unit members shall be provided at least three (3) consecutive hours for purposes of evaluating students, marking report cards, parent-teacher conferences, and teacher-pupil conferences. The three (3) hours shall be provided when students are not in school. Meetings and other professional activities of unit members at the school or county level may be arranged if they are not in conflict with the purposes stated.
     B. Elementary unit members will be provided with an additional three (3) consecutive hours at or near the end of each grading period for the purpose of assessment review. The three (3) hours shall be provided when students are not in school.

5.5 Class Interruptions - The school day will be kept as free from class interruption as possible. Use of the public address system for announcements and contacting individuals during instructional periods shall be avoided except in cases of emergency.

5.6 Transporting Students and Materials - Unit members shall not be required to transport pupils in private vehicles, nor shall unit members be required to perform delivery service of school materials.

5.7 Covering Classes - When a unit member is needed in an emergency to cover another unit member’s class, or when a sufficient number of substitute teachers is not available, a unit member may agree to cover a class during his/her scheduled planning time only. Unit members will be paid $11.50 per hour, or per occurrence if less than a full hour, for such substituting.

The Board and the Association agree that principals are responsible for securing class coverage by a unit member. Opportunities for substituting will be offered on a rotating basis to unit members who have offered to be on a list forthis purpose.
The following priority sequence will be observed in each instance:
     1. Volunteers holding appropriate certification
     2. Volunteers not holding appropriate certification
     3. A unit member will be selected

5.8 Substitutes for Specialists - A substitute shall be secured when specialists who work with class-sized groups of students are absent.

5.9 Extra-curricular Activities - Unit member participation outside the regularly scheduled workday in extra-curricular activities for which no extra-curricular compensation is paid shall be strictly voluntary.

5.10 Consultation with Parents - Unit members are encouraged to be available to parents and students for consultation before and after regularly scheduled classes and at other mutually convenient times. Both the Board and the Association recognize that activities like back-to-school nights can provide a meaningful opportunity for unit members and parents to confer, and unit member attendance at such activities is encouraged.

5.11 Attendance Registers - Pupil attendance registers will be maintained in the school office, except in an emergency.

5.12 Leaving the Building - Unit members shall be permitted to leave the building during planning periods for professional and ethical reasons with the knowledge of the principal or a designee.

5.13 Monitoring Duties - The Board and the Association agree that professionals shall be relieved of monitoring duties. Available assistants shall be scheduled to perform monitoring duties in lieu of unit members whenever possible and wherever appropriate. Should circumstances require a unit member to perform monitoring duties, such duties shall not take place during self-directed planning time.

The Board and Association agree that the safety and welfare of students is a joint responsibility and priority. Both parties encourage building level cooperation to respond to changing and common needs.

5.14 Special Class Supervision - Unit members will not be expected to assume responsibility for the supervision of their pupils when special unit members are regularly scheduled to work with the full class. However, the principal may, because of unusual circumstances, determine that the regular unit member should remain on duty.

5.15 Planning Time

Elementary Planning
Elementary unit members, Kindergarten and above, shall be provided not less than two hundred fifty (250) minutes of planning time per week in not less than thirty (30) minute blocks of time scheduled during the student day. Planning shall be established by way of an 80/20 ratio. Teachers shall receive self-directed planning time during eighty percent (80%) of their two hundred fifty (250) minutes per week, while administration shall, at its discretion, be allowed to access twenty percent (20%) of those same two hundred fifty (250) minutes for instructionally-related activities.

At the elementary level (K-5), additional time shall be provided to each school to be utilized by teachers for the purposes of working on assessments, grading, data analysis, and related activities. The time shall be allocated within the school by a committee consisting of the principal and one (1) representative of each grade level chosen by the grade level teachers. Allocated time shall be compensated at the individual’s per diem rate.

A block of two and one-half (2.5) hours per semester shall be provided by the Board for self-directed planning time. This time is in addition to time allotted for pupil evaluation under Article 5.4.

The Association and Board shall create a joint task force comprised of an equal number of representatives with the goal of examining existing policies, procedures, and practices associated with elementary planning time. Upon completion of its review by June 15, 2008, the joint committee shall make recommendations for implementation for the 2008-2009 school year in writing to the Superintendent regarding measures intended to protect and enhance planning time.

Secondary Planning
Every effort shall be made to provide secondary unit members with five (5) planning periods per week, provided, however, that such unit members shall have not less than two hundred fifty (250) minutes of planning time per work week scheduled during the student day.

Department Leader planning time shall be at least two
hundred fifty (250) minutes per work week. Planning time shall be provided in blocks of at least thirty (30) minutes.

Elementary and Secondary Planning
There shall be no deviations from the established weekly planning time, except in emergencies and where temporary arrangements are made to accommodate testing or irregularly scheduled programs. For purposes of this Section, the “student day” shall be construed as that which is in effect in the regular school.
Except in emergencies or except where timely notice is provided, individual unit member planning periods are to be allocated for self-directed instructional planning.

For any teaching assignment that is less than full-time, planning time will be proportionally allocated.

5.16 Workers’ Compensation Claims - Any unit member whose Workers’ Compensation claim, arising out of their employment with the Board of Education, is “compensable” under the Workers’ Compensation Laws of Maryland will be paid full salary for thirty (30) work days, or for the number of days in the unit member’s sick leave account, whichever is greater, less the amount of any Workers’ Compensation payments, awards, or other insurance benefits—provided
that the basis for the claim is reported to the Board within seventy-two (72) business hours. At the conclusion of the period described above, the unit member will be paid the amount allowed under the Workers’ Compensation Laws of Maryland. The unit member’s sick leave account balance will not be affected during such a period.

For claims that are ruled “non-compensable,” a unit member may elect to use his/her accumulated sick leave or may request leave without pay for personal illness. The Board may request periodic physical examinations by a physician to determine a unit member’s readiness to perform assigned duties.

5.17 Working Environment - The Board and the Association jointly believe that a safe environment is a prerequisite for teaching and learning. Therefore, the Board agrees to provide and maintain safe working conditions as are in its authority to control. The Association agrees to cooperate
with and assist the Board in fulfilling this responsibility.

Written reports of suspected unsafe working conditions shall be made promptly by employees. All such reports shall be investigated immediately by Facilities Management personnel, who will communicate their findings, in writing, directly to the employee(s) filing the report, the school administration, and the Association within five (5) working days after receipt of employee’s written report. If Board review of the written findings so indicates, further study of the situation and/or implementation of corrective measures shall be initiated by the Board at the earliest feasible time.

5.18 Personal Property Damage - In the event that a unit member has any clothing or other personal property damaged or destroyed as a result of an assault suffered in the course of employment, or stolen as a result of a violation by an unauthorized person of locked storage or other properly secured storage within the classroom or within the school building, the Board shall reimburse the unit member the cost of repair or the replacement value of such property, less any benefit from Workers’ Compensation or insurance. This benefit shall have a $300.00 maximum.

5.19 Personally Owned Equipment - The Board shall reimburse unit members for any damaged or stolen instructional equipment brought to the school to be used as an adjunct to instructional activities if advance permission to bring such equipment is obtained in writing from the principal, at which time a replacement value shall be mutually determined. In the event the replacement cost cannot be agreed upon, a professional appraisal shall be obtained. The Board shall cover the replacement cost not to exceed $500.00. Such coverage shall not apply if the negligence of the unit member contributes to the loss of such items.

5.20 Student Rights and Responsibilities - A unit member charged with a violation or complaint under the Student Rights and Responsibilities policy shall have the right to representation at all hearings pursuant to said policy, provided that any such representation shall be at the unit member’s expense.

Examination of unit members charged under the Student Rights and Responsibilities policy shall be by professional employees of the Board or by members of the elected Board.

5.21 Health and Safety - Unit members will not be asked to search for bombs or other explosives. Unit members shall not be asked to conduct searches of students’ lockers or persons, except where the principal has determined that there is a clear and present danger to life or property. Whenever temperature extremes occur within the school, the principal or his/her designee shall contact the Superintendent or designee and shall report to the faculty representative what
corrective action is to be taken.

5.22 Emergency Closings - When the opening of school is delayed due to inclement weather, unit members’ duty day will begin thirty (30) minutes before the students’ first scheduled class. When school is dismissed early due to inclement weather, unit members may leave at a reasonable time, although a reasonable number of unit members shall remain until the last bus has gone and the safety of all students has been assured.

5.23 Faculty Meetings - Principals and faculties shall cooperatively plan those professional faculty meetings that extend beyond the regular workday.

5.24 New or Newly Renovated Buildings - Administration may provide, at its discretion, up to five (5) days to all bargaining unit members assigned to a newly constructed school. Up to two (2) days may be provided to those teachers assigned to a newly renovated building. Compensation of said days shall be at per diem rate of pay. Such days shall be used for, but not be limited to, classroom set-up, team and staff meetings, and other activities as required to prepare for the
school year in the building.

ARTICLE 6 - GRIEVANCE PROCEDURE

6.1 Settlement of Unit Member Grievances - The Association and the Board recognize their responsibility for the prompt and orderly disposition of grievances that arise out of the interpretation, application, or alleged breach of any of the provisions of this Agreement. To this end, the parties agree that the provisions of this Article shall provide the means of settlement of all such grievances, provided, however, that nothing herein will be construed as limiting the right of any unit member or group of unit members to have a complaint adjusted without the intervention of the Association so long as the adjustment is not inconsistent with the terms of this Agreement. A unit member or group of unit members may have a representative from the Association Grievance Committee at the informal discussion of the problem area.

     A. If the Association feels there is a violation of the Agreement, it will file a grievance at Step 2.

     B. The Board acknowledges the right of the Association’s grievance representative to participate in the processing of a grievance at Steps 1, 2, and 3, and the right of the unit member not to discuss any grievance or problem if the Association’s representative is not present to fulfill the role as described in this Article. Provided that the Association and the Superintendent agree, Step 1 and/ or Step 2 of the grievance procedure may be bypassed and the grievance brought directly to the next step. (Class grievances involving more than one (1) supervisor and grievances involving an administrator above the building level may be filed by the Association at Step 2.) In any event, a copy of all decisions rendered above the level of immediate supervisor shall be forwarded to the Association. All unit members shall have the right to grieve without fear of reprisal.

6.2 Procedural Steps - Any grievance that a unit member has not been able to adjust informally shall be presented in the following steps:

     A. Step 1—Between the grievant and the unit member’s immediate supervisor and their designated representatives.

     B. Step 2—Between the grievant(s) with Association representatives and the Director of Human Resources and/or designated representatives.

     C. Step 3—Between the grievant(s) with Association representatives and the Superintendent and/or designated representatives.

6.3 Grievance Presentation - All grievances shall be presented in writing within twenty-eight (28) calendar days from the date of their occurrence or first knowledge of the act or condition which is the basis of the grievance. The administrator’s answer at each step shall be given in writing within five (5) Board workdays after the step meeting, which shall be held within five (5) school days following receipt of the appeal. Unless a grievance is appealed to the next step within five (5) Board workdays after the administrator’s answer, said answer shall be considered acceptable to the grievant and the Association. If any unit member is scheduled for a hearing as part of the grievance procedure during working hours, no loss of pay shall be suffered.

6.4 Arbitration
     A. Appeal Procedure
Any grievance concerning the interpretation, application, or alleged breach of any provision of this Agreement that has been properly processed through the grievance procedure as set forth above and has not been settled may be appealed to arbitration by the Association by serving written notice on the Board within fifteen (15) calendar days after the Superintendent’s answer at Step 3 of said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled. No individual unit member shall have the right to invoke this arbitration procedure.

     B. Selection of Arbitrator
If the Association and the Board are unable to agree upon the selection of an arbitrator within seven (7) calendar days after the Association’s notice of appeal to arbitration, they shall jointly request the American Arbitration Association (AAA) to furnish a list of not less than five (5) arbitrators, one (1) of whom may be designated by the parties to act as arbitrator of the grievance. If no agreement can be reached as to the arbitrator within seven (7) calendar days after receipt of said list, the Association and the Board shall jointly petition the AAA to furnish a second list of not less than five (5) additional arbitrators, one (1) of whom shall be designated by them within seven (7) calendar days after receipt of said list to act as arbitrator of the grievance. Selection shall be made by the Association and the Board representative alternately striking any name from the list until only one (1) name remains. The final name remaining shall be the arbitrator of the grievance. After an arbitrator is selected through the procedures outlined above—see also Section 13, paragraph 1, Voluntary Labor Rules of the AAA—the arbitration shall be administered by the AAA pursuant to said rules.

     C. Jurisdiction of Arbitrator
The jurisdiction and authority of the arbitrator of the grievance and the arbitrator’s opinion and award shall be confined to the express provision or provisions of this Agreement at issue between the Association and the Board. The arbitrator shall have no authority to add to, alter, amend, or modify any provision of this Agreement or to make any award which will in any way deprive the Board of any of the powers delegated to it by law. The arbitrator shall not hear or decide more than one (1) grievance without the mutual consent of the Board and the Association. The award in writing of the arbitrator within the jurisdiction and authority as specified in this Agreement shall be final and binding on the aggrieved unit member or unit members, the Association, and the Board.

     D. Arbitration Expenses
The Association and the Board shall each bear its own expenses in these arbitration proceedings, except that they shall share equally the fee and other expenses of the arbitrator in connection with the grievance submitted.

ARTICLE 7 - UNIT MEMBER ASSIGNMENT

7.1 Tentative Assignments - No later than May 15th, unit members holding at least a standard professional certificate will be given written notice by the principal as to tentative grade, subject, and school assignments for the forthcoming year unless a transfer has been requested by the unit member.

7.2 Changes in Assignment - Changes in grade and/or subject assignment within a school may be made after a meeting between the unit member involved and the appropriate administrator(s) at which the reason(s) for the change in assignment will be given to the unit member. In the event the unit member objects to the change in assignment following this meeting, the unit member shall have, upon request, a meeting with the Supervisor of Human Resources and Teacher Personnel to discuss the unit member’s objection(s) to the reassignment. If the teacher desires, he/she may bring a fellow unit member and/or an Association representative with him/her to any of the above meetings.

7.3 Final Assignments - Final subject matter and/or grade assignments shall be given to unit members (including tentative assignments for traveling unit members) thirty (30) calendar days before the school year begins—except when prevented by unforeseen, unexpected circumstances or unapproved budgets.

7.4 Certification and Assignment - Except in cases of emergency, unit members shall be given teaching assignments for which they are certificated and/or legally qualified.

7.5 Inter-school Travel - In arranging schedules for unit members who are assigned to more than one (1) school, an effort will be made to limit the amount of inter-school travel. Mileage shall be paid to a unit member who is assigned to more than one (1) school only in situations where the unit member is required to move from one school to another during the school day. Mileage will be paid at the current IRS rate, adjusted quarterly, per mile for distance traveled between schools and not from residence to school or school to residence.

7.6 Reassignment by Vacated Position - With the exception of individuals on a recognized Family Medical Leave (FML), if a unit member is absent from a position and using approved leave for more than thirty (30) consecutive workdays or forty-five (45) intermittent absences within a sixty (60) workday period, the position may be declared vacant by the Superintendent. The affected unit member will continue to receive leave benefits, rights, and salary as provided of the
Negotiated Agreement. At such time as the unit member is approved to return to work, the unit member will be assigned to a vacant position for which he/she is certified and qualified. Should no vacant position be available, the unit member will be given an available temporary assignment until such time as an appropriate position becomes available. The intent of this Article should not be construed to imply continued employment of a non-tenured unit member whose contract is not renewed.

Any bargaining unit member who has his/her position vacated shall have the right to request an extended leave of absence under Article 15.8 of the Negotiated Agreement in the event that his/her sick leave has been exhausted. When a position is declared vacant under provisions of this article, unit members indicating interest in that specific position will be given consideration to fill the vacancy the following school year.

7.7 Specialized Assignments
     A. Specialized Assignments are identified as Student Achievement Specialists, Department Leaders, Occupational Therapists, Physical Therapists, Speech Language Pathologists, and positions at Winter Street Elementary, Western Heights Middle School, Antietam Academy, and Bester Elementary.

     B. School System Improvement Team
The Board and WCTA agree to create a joint committee to consider what changes are needed to particular schools that are identified by the Superintendent as one (1) of the following:

         1. Not demonstrating needed progress
         2. Not attaining their Annual Measureable Objectives (AMOs)
         3. In danger of being designated for “improvement” by the Maryland State Department of Education.

The committee will consist of six (6) members—three (3) appointed by WCTA and three (3) appointed by the Superintendent—and will be convened by the Superintendent.

     C. Schools designated for school reform initiatives shall retain such designation for a minimum of three (3) years. During the three (3) year period, the School System Improvement Committee will monitor school progress and shall make a final recommendation at the end of the three (3) year period. Extension of the three (3)-year period will be by mutual agreement.

     D. Absent unsatisfactory performance or a voluntary transfer request, teacher assignments to Winter Street Elementary, Western Heights Middle School, Antietam Academy, and Bester Elementary will be for not less than the schools’ designation for specialized assignments.

     E. Additional modifications to this provision can be found in a Memorandum of Understanding (MOU) found in Appendix B of the Negotiated Agreement.

     F. The parties reserve the right to discuss additional modifications of specialized assignments.

ARTICLE 8 - UNIT MEMBER EMPLOYMENT

8.1 Unit member Certification Status - The actual or anticipated certification status of all applicants for unit member positions in the Washington County School System shall be set forth in a written document before prospective employment. A copy of said document shall be given to the unit member prior to the execution of an employment contract. If a salary is affirmed for a school year on the basis of an anticipated certification status, said salary shall not be diminished during that school year regardless of actual certification status achieved.

8.2 Certification Update
     A. All unit members shall be informed in writing of their current certification status upon receipt of such information by the Board from the State Department of Education. In addition, the Board shall notify all unit members in writing as soon as possible of changes in State and/or local certification policies.

     B. For the purpose of renewing an advanced Professional Certificate (APC), once a unit member’s professional development plan is approved, it shall not be altered by the Board for the duration of the recertification cycle unless there are state certification changes.

     C. Unit members with 25 years or more of documented teaching experience are exempt from MSDE required reading credits.

8.3 Military Service Credit - For unit members not employed by the Washington County School System prior to their military service, the following policy for determining credit for military service will apply:

     A. No credit will be given for up to twelve (12) months of military service.

     B. One (1) year of credit will be given for twelve (12) months and one (1) day to eighteen (18) months of military
service.

    C. Two (2) years of credit will be given for eighteen (18) months and one (1) day and over of military service. The military records of those who have had interrupted or noncontinuous military service will be evaluated in order to render judgment relative to determining military service credit on the salary schedule.

ARTICLE 9 - UNIT MEMBER EVALUATION

9.1 Philosophy - Evaluation is a collegial process whereby professional assessments of the instructional process are shared and competent personnel are developed and/or encouraged. Evaluation should improve instruction through a constructive, positive, humanistic approach.

9.2 Open Evaluations - All monitoring or observation of the work performance of a unit member will be conducted openly and with full knowledge of the unit member by certificated administrative and/or supervisory personnel. Unit members will not be evaluated or formally observed immediately before or after a school holiday, immediately following a unit member’s return from an extended sick leave, or during an official school parental visitation day. The Board and the
Association also agree that unit members are prohibited from any involvement in the teacher evaluation process.

9.3 Observations - The unit member and the observer shall confer within a reasonable time, preferably not later than three (3) school/workdays after a classroom observation. A duplicate copy of all written comments, if any, as a result of the observation will be given to the unit member at the conference, after which the unit member will have up to five (5) days to respond before the draft document is signed. Any recorded unannounced observations, which will be utilized for evaluation purposes, will also follow the above process.

9.4 Complaints - Any written complaints regarding a unit member made to or by any member of the administration by a parent, student, or other person shall be given to the unit member promptly (preferably within the same day), except where precluded or prohibited by law or statute. Before any complaint is used in any manner as a basis for evaluating the unit member or for otherwise affecting the status of the unit member, the complaint will be investigated and a written report, with factual detail, will be provided to the unit member. However, the substance of observation and evaluation reports shall not be subject to Article 6. The unit member shall be provided an opportunity to reply in writing and, in addition to the requirements of Article 4.7 (Personnel File), no adverse material of the kind covered by Article 9.4 will be placed in a unit member’s file unless accompanied by the written report noted above and the unit member’s written reply, if provided.

9.5 Excluded Criteria - Participation or non-participation in extra-curricular activities shall not constitute a basis for unit member evaluation.

9.6 Evaluation Instrument - The current evaluation instrument shall not be altered or otherwise changed without prior notice and consultation with unit members and the Association.

9.7 Performance Improvement Plans (PIP) - When an administrator has a concern with the work performance of a unit member, the administrator will provide written notification of the specific concerns and recommendations for improvement in order to provide an opportunity to correct the performance concern. The administrator shall establish a reasonable timetable that the unit member will have to correct the concern. If necessary to review progress on the specific concern, a joint review by the administrator and unit member will occur within the timetable established by the administrator.

     A. Following such written notification, if the administrator determines that a formal Performance Improvement Plan (PIP) is necessary, the unit member may request an informal observation by a second administrator.

     B. The appropriate administrator and the unit member will develop a specific written plan (PIP) for improvement of the noted deficiencies. The PIP will include goals and objectives, strategies to be used, personnel to be utilized, materials to be used, and a time frame.

     C. Any changes to the PIP will be discussed with the unit member and provided in writing.

     D. The principal will be responsible for managing the PIP and will schedule pre and post conferences with the unit member.

     E. It is the responsibility of the unit member to work to improve the noted deficiencies.

     F. If a unit member desires, he/she may bring a fellow unit member and/or an Association representative with him/ her to any of the above meetings.

     G. If there is a disagreement with the plan, the unit member shall be provided an opportunity to reply in writing and shall have the concern attached to the PIP.

ARTICLE 10 - TRANSFERS

10.1 Voluntary Transfers
     A. Procedures - Voluntary transfers may begin February 1st and continue through June 15th for assignments for the following school year. Identified vacancies will be advertised for at least eight (8) calendar days. Positions will be posted and a current list will be available to interested persons by contacting the Human Resources Department or by visiting the WCPS’ website.

     B. Application - Active unit members and unit members on a leave of absence interested in being considered for an advertised position shall contact the Human Resources Department by written or email communication by the posted deadline for that position.

     C. Selection Criteria - In the determination of voluntary reassignments and/or transfers, the wishes of the individual unit member will be honored to the extent that such wishes do not conflict with the responsibility of the Superintendent as spelled out by law, the instructional requirements, and the best interests of the school system.

     D. Notification - Upon acceptance of the requested tentative (i.e., awaiting Board action) transfer, successful applicants waive all rights to their current positions for the next school year. However, they continue to be eligible to apply for positions which become available through June 15th. A unit member interviewed as a result of his/her application and not assigned to the requested position will be provided with the name of the successful applicant for
that position upon written request. The Association will continue to be provided written notification including the title of the position in question, the name of the successful candidate, and the date of hire with the Board.

    E. Reason for Denial - If a request for a voluntary transfer is not granted, the unit member shall have the prerogative of discussing the request with Human Resources administration. The unit member may also request a written explanation.

    F. Extension - A unit member desiring to be guaranteed consideration for a transfer after June 15th and through July 31st must notify the Human Resources Department in writing by June 15th. Interest in a specific location, subject matter, and grade level(s) within a unit member’s certification may be registered by written or email communication to the Human Resources Department for consideration should that position become vacant. The three (3) most senior qualified applicants who have indicated the specific vacancy as their first choice will be interviewed, if available, and considered on an equal basis with all other applicants. Unit members currently assigned to part-time or itinerant positions may apply for any vacancy through June 30th. It is the unit member’s responsibility to monitor the hotline for vacancy announcements.

10.2 Involuntary Transfers
     A. Time of Notice - Except in emergencies, notice of involuntary transfers and/or reassignments will be given to affected unit members not later than May 15th.

     B. Procedures - An involuntary transfer may be made after a meeting between the unit member involved and the Supervisor of Human Resources and Teacher Personnel and the appropriate administrator(s) at which time the reason(s) for the transfer will be discussed. In the event the unit member objects to the transfer following this meeting, the unit member shall have, upon request, a meeting with the Superintendent. If the unit member desires, he/she may bring a fellow unit member and/or an Association representative with him/her to any of the above meetings.

     C. Transfer Opportunities - A list of positions or openings available to unit members so affected will be provided so a preference may be indicated.

     D. Certification - If an involuntary transfer of a unit member is brought about by the reduction of enrollment, closing of a school, redistricting, or opening of a new school, and the unit member loses his certification status, the Board will not reduce his pay for a period of five (5) years to allow him to regain his original status. If an involuntary transfer results from any other circumstances which cause loss in certification status, there will be no reduction in pay for a period of three (3) years. These provisions are contingent upon his submitting to the Board a minimum of six (6) credits (or fewer if needed to complete certification) toward his certification each succeeding calendar year until certification is regained.

ARTICLE 11 - ADMINISTRATIVE AND SUPERVISORY VACANCIES

11.1 Posting - Notices of unassigned administrative and supervisory positions below the level of Superintendent shall be posted in each school and the Board offices. A copy shall be sent to the Association. In the posting of positions, qualifications for the position, duties and rate of compensation will be stated. Any subsequent changes in qualifications, duties, and/or rate of compensation shall require a new posting. The posting of these positions will be done at least ten (10) workdays prior to the selection of the successful candidate. The interviewing process may begin any time after the first applications are received.

11.2 Application - Unit members who wish to apply for posted positions must do so in writing. The Board will acknowledge receipt of such applications. Unit members interested in applying for administrative and supervisory vacancies which occur during the summer shall so indicate in a letter to the Human Resources Department before the end of the school year. Said applicants will be contacted during the summer if a position in which they have expressed an interest becomes vacant.

ARTICLE 12 - SICK LEAVE

12.1 Annual Allowance - At the beginning of each school year, each unit member shall be credited with the number of days of sick leave that corresponds to thenumber of months of work provided by his or her assignment (ten [10]-month assignment = ten [10] days; eleven [11]-month assignment = eleven [11] days). Sick leave is to be used for absences caused by personal illness or physical disability. Days of unused sick leave shall accumulate from year-to-year without limitation. If a unit member resigns before the end of the school year under circumstances which the Board determines not to be an emergency, sick leave days which have been used in excess of one (1) day per month of employment and which are not covered by accumulated sick leave shall be regarded as lost time with an appropriate deduction made from the final salary check.

12.2 Procedure - Whenever possible, unit members shall give reasonable notification of their intention to be absent to the principal or the principal’s designee, provided, however, that a unit member taking sick leave will not be required to arrange for a substitute. The parties encourage such notice, particularly when unit members have knowledge of a future absence, e.g., surgery, pregnancy, etc. In all instances, unit members must notify the automated calling system to
document their sick leave usage. Unit members absent five (5) or more consecutive days shall provide a statement from a physician, and when
appropriate, a return-to-work form .

12.3 Sick Leave Bank - All unit members on active duty shall be eligible to contribute to a sick leave bank. Eligible employees who are not members of the WCTA and who wish to be enrolled in the sick leave bank will be charged an annual fee and will be charged this fee per each request to defray the costs of administration. Contributors shall be permitted to use the bank for payment for incapacitating personal illness of the unit member during the regularly scheduled duty days. Annual maximum rates of contribution shall be determined by the Association and certified to the Superintendent prior to July 1st of each year. Sick leave properly authorized to the bank for contribution will not be returned if the member effects cancellation. Cancellation, on the proper form, may be elected at any time and the member shall not be eligible to use the bank as of the cancellation date.

Failure to submit the annual Sick Leave Bank Administration Fee for non-WCTA members by October 1st will result in automatic cancellation of membership in the Sick Leave Bank. Membership may also be cancelled by submitting to the WCTA office the proper Sick Leave Bank cancellation form at any time, and the member shall not be eligible to use the bank as of the cancellation date.

Contributions shall be made between July 1st and October 1st, except for members returning from extended leave who will be permitted to contribute to the bank within thirty (30) days of returning to work and for new unit members who will be permitted to contribute to the bank within thirty (30) days of initial employment.

The bank can be used on the first scheduled duty day for the member who contributed. The maximum number of sick days that can be granted in any one (1) fiscal year will be sixty (60) duty days. In no case will the granting of leave from the bank cause a member to receive more than his/her annual salary.

Members must use all accumulated sick leave, personal leave and annual leave before using leave from the bank. Application for use of the bank shall be made on the required form and submitted to the approval committee.

A five (5) member approval committee with three (3) members appointed by the President of the Association and two (2) members appointed by the Board shall have the responsibility of receiving requests, verifying the validity of requests, and communicating its decision to the member and the Human Resources Department. The committee shall develop its rules of procedure and shall give wide distribution to said rules upon approval of the Board of Directors of the Association.

Bank grants which have been processed in accordance with the Sick Leave Bank Guidelines shall be approved by the Human Resources Department for payment to the member and forwarded to the Payroll Department. Bank grants will not automatically be carried over from one fiscal year to another. All bank grants will end as of the last duty day of the school year and must be renewed through the approval committee each school year.

If a member does not use all of the days granted from the bank, the unused sick leave bank days will be returned to the bank.

12.4 Pregnancy - All or any portion of a leave taken by a unit member because of a temporary medical disability connected with or resulting from her pregnancy may, at the unit member’s option, be treated as sick leave. A unit member who is pregnant may continue in active employment as late into her pregnancy as she desires, provided she is able to properly perform her professional duties.

12.5 Annual Notification - No later than October 31st of each school year, unit members shall be notified as to their number of accumulated sick leave days.

12.6 Sick Leave Cash-Out - Unit members with perfect attendance (without use of any sick or personal leave during the school year) may cash in up to three (3) sick leave days at $100 per day, payable by July 31st.

ARTICLE 13 - FAMILY CRISIS LEAVE EXCHANGE

The purpose of the Family Crisis Leave Exchange (FCLE) is to provide sick leave to unit members after their accumulated sick leave, personal leave, and any other leave available to them has been exhausted. The exchange is intended solely for situations that are catastrophic and life threatening to members of the
immediate family that require an employee to be temporarily absent from his assignment. This leave is not available for an employee’s personal illness or injury. The exchange will be funded by voluntary contributions of leave from certificated employees in the bargaining unit. The exchange shall be in effect as of July 1,
2002.

Rules
     1. A request for leave may be made only in connection with a catastrophic and life-threatening illness or injury of a member of the immediate family as defined as follows, or one that stands in the same status as determined by the FCLE Committee. Immediate family means the employee’s spouse, child, or parent.

     2. The applicant shall not be gainfully employed in any other capacity during the covered period.

     3. Maximum grant shall be thirty (30) workdays.

     4. A family may receive a maximum grant only once in any three (3) year period.

     5. Contributors are limited to a maximum contribution of one (1) earned day in any individual case.

Procedures
     1. Application must be made in writing to the FCLE Committee, in care of the WCTA office, stating the details of the circumstances and the likely duration.

     2. The Department of Budget and Finance shall verify the employee’s leave status to the Committee.

     3. A written statement detailing the condition, treatment plan, and diagnosis must be submitted by the attending physician(s) before any FCLE can be granted.

     4. The Committee shall notify the Superintendent or designee, the building principal, the Human Resources Department, and the appropriate central office supervisor of the applicant and seek any input that they may have concerning the request.

     5. The Committee shall approve or deny the request by a majority vote of the committee. The Committee’s decision may be appealed to the WCTA Board of Directors within ten (10) workdays. The WCTA Board of Directors’ decision shall be final and binding upon all parties at interest.

     6. The committee shall notify the applicant of its decision, in writing, within ten (10) workdays.

     7. Upon approval, the Committee will first notify the staff at the applicant’s worksite of the request for voluntary leave donations, then all other sites.

     8. Volunteers who wish to donate any of their earned sick leave must complete and sign the Family Crisis Leave Donation Form and return the form to the WCTA office.

     9. WCTA shall establish a database system to track the donations with their utilization.

    10. WCTA shall provide the Human Resources Department written notice of names of contributors, number of days donated, and names of recipients.

    11. Donated days will be granted in the order they were received.

    12. Should a successful applicant exhaust his/her grant or return to work or should he/she qualify for any other leave, any remaining contributions shall be returned to those who contributed them in the reverse order they were received. The exchange balance shall remain at zero (0) until the next request.

    13. The FCLE will function on an as needed basis.

    14. The Committee will consist of at least three (3) unit members selected by the WCTA President, and approved by the WCTA Board of Directors, and two (2) Board employees selected by the Superintendent or designee.

ARTICLE 14-TEMPORARY LEAVES OF ABSENCE

14.1 Bereavement - Unit members shall be entitled to bereavement leave as follows:

     A. Five (5) school days shall be allowed for the death of a child, parent, brother, sister, spouse, or any person who lived regularly in the household of the unit member.

     B. Three (3) school days shall be allowed for the death of an in-law (mother, father, sister, brother, daughter, son), grandparent, grandchild, or for the death of a unit member’s or spouse’s aunt, uncle, niece, or nephew.

     C. One (1) school day shall be allowed to attend the funeral of a fellow unit member or a close friend.
Members may request an extension of allowable leave for up to five (5) days per incident by contacting the Executive Director of Human Resources or other Superintendent’s designee.

Days during the leave periods do not have to be consecutive.

Upon written request from the Human Resources Administration
or other Superintendent’s designee, absences greater than three (3) consecutive days may require submission of documentation indicating the nature of the loss requiring bereavement leave.

14.2 Illness in Family - Up to ten (10) school days, charged against sick leave, shall be permitted for illness in the immediate family, including spouse, child, parent, or anyone who lives regularly in the household of the unit member.

14.3 Summons - Leave with pay shall be granted to satisfy the requirements of a legal summons when connected to a job related matter. The unit member shall notify the principal in advance of such absence. Full pay shall be allowed except where the unit member is found guilty of a criminal offense.

14.4 Jury Duty - Unit members will be released for jury duty without loss of pay.

14.5 Personal Leave - Three (3) personal leave days will be provided each year to each employee to be used at his/her discretion. Unused days will be accumulated as sick leave.

Personal leave may not be taken on an in-service day, immediately preceding or following a school holiday, nor during mandated student assessment days unless factors beyond the employee’s usual control require that the employee use personal leave on such a day. The principal may require a reason be given before approving personal leave on such a day.

14.6 Religious Observance - Members may schedule up to three (3) days of release time leave per school year for the observance of religious holidays or eventsnot accommodated by the school calendar. Such request(s) shall be made to the building principal at least thirty (30) days in advance and may requirecommunication on the employee’s part during the summer or other breaks. In case of denial, bargaining unit members may appeal to the Human Resources Administration or other Superintendent’s designee.

Employees electing this leave shall not expect to suffer a personal day or wage penalty; rather, this time shall be “made up” through instructional time as agreed upon in advance by the employee and principal. Examples might include, but are not limited to, HSA/MSA tutoring, Twilight,
interventions, etc.

However, in the event that an employee does not “make up” any time taken under this provision, he/she shall be have
the day(s) deducted from personal leave, or if no personal days exist, the employee’s per diem rate of pay shall be
deducted from his/her last paycheck for the school year.

14.7 Temporary Military Service - All employees who are members of the military or naval establishments of the United States or of the State of Maryland shall be granted leave on those days during which they shall be engaged in any military or naval duty to which they shall be ordered by proper authority, not to exceed fifteen (15) calendar days in any year without loss of pay for the working days included in such leave.

14.8 Other Temporary Leaves - Other temporary leaves of absence or extensions may be granted for good reason by the Superintendent.

ARTICLE 15 - EXTENDED LEAVES OF ABSENCE

15.1 Association Leave - Up to two (2) unit members designated by the Association shall, upon request, be granted a leave of absence for up to two (2) school years, without pay, for the purpose of engaging in an executive or advisory capacity of a professional association (local, state, or national).

15.2 Alternative Service - A leave of absence without pay for up to two (2) school years shall be granted to any tenured unit member who joins the Peace Corps, VISTA, National Teacher Corps, or serves as an exchange teacher or overseas teacher and is a full-time participant in any such program.

15.3 Study - A tenured unit member shall be granted a leave of absence without pay for up to one (1) year of legitimate study or up to two (2) years to teach in an accredited college or university. Additional leave may be granted at the discretion of the Superintendent with approval by the Board.

15.4 Military Leave - Military leave without pay shall be granted to any unit member who is drafted or enlists in any branch of the Armed Forces of the United States for the period of said induction or initial enlistment.

15.5 Political Leave - The Board shall grant a leave of absence without pay to unit members who wish to campaign for or to serve in a public office, or to campaign for a candidate for public office other than himself or herself. Such leave shall not exceed the length of the applicable term of office.

15.6 Sabbatical - After five (5) years of successful teaching experience in Washington County, a unit member may apply for leave for the purpose of advanced study at an approved college or university for up to one (1) year with one-half (1/2) pay contributed by the Board.

Applications must be submitted to Human Resources Administration by February 1st.

Leave is subject to the following conditions:
     A. Leave will be in effect only as long as the recipient is enrolled in an institution of higher learning.

     B. Leave shall not deprive the recipient of the normal salary increase on the current salary schedule or current insurance benefits.

     C. A ratio of one (1) applicant from the group comprised of administrative staff and principals for every eight (8) unit member applicants will be permitted sabbatical leave at one (1) time, provided, however, that this section shall not be applicable where an administrator on sabbatical leave is not replaced during thetime of such leave.

     D. Unit members with the longest tenure will have preference. Applicants who are not accepted shall be placed in priority position on the list in succeeding years.

     E. Unit members who are granted leave shall be required to return to Washington County for at least two (2) years of service, if returned to the same position or substantially equivalent position of service.

     F. Any unit member incapacitated while on leave and unable to return to his/her position shall not suffer any penalty for such condition.

15.7 Parental Leave
     A. Leave Request - Tenured unit members shall, at their request, be granted a leave of absence without pay for child bearing and/or child rearing for such period of time as they specify, but not to exceed three (3) years. This provision shall not preclude the possibility of said leave being extended to non-tenured unit members, provided, however, that said leave does not extend beyond the limits of the unit members’ individual contracts.

     B. Substitute Teaching - No unit member on said leave shall, on the basis of said leave, be denied the opportunity to substitute in the Washington County School System upon presentation of medical testimony that the unit member is able to do so.

     C. Adoption - Tenured unit members adopting an infant child shall, at their request, receive similar leave which shall commence upon the unit member receiving de facto custody of said infant, or earlier if necessary to fulfill the requirements of adoption.

15.8 Other Extended Leaves - Absence without pay may be granted for good reason by the Superintendent.

15.9 Reinstatement - Unit members returning from leaves granted pursuant to this Article shall be assigned to their former positions or their equivalents and shall have assignment preference over new incoming unit members, provided, however, that a unit member returning at a time other than at the beginning of the school year shall be assigned the first available position for which the unit member is qualified. However, the intent of this Article should not be construed to imply continued employment of a non-tenured unit member whose contract was not renewed. Upon return from leave granted pursuant to sections 15.1, 15.2, 15.3, 15.4, or 15.6 of this Article, a unit member will be considered as if he had been actively employed by the Board during the leave in that he will be placed on the salary schedule at the level he/she would have achieved had he not been absent. All benefits to which a unit member was entitled at the time his leave of absence commenced, including unused accumulated sick leave, but not including credit toward sabbatical eligibility, will be restored to him/her upon his/her return.

Unit members on a leave of absence who will be available to return to a position in the following year may participate in the voluntary transfer process as described in Article 10.1.

Unit members who have notified the Human Resources Department of a desire to return from leave are considered for placement on the same basis as unit members who are on recall.

15.10 Benefit Continuation - While on extended leave of absence, insurance coverages may be maintained for a period not to exceed twenty-four (24) months through payment of the premium by the unit member. The unit member shall assume all responsibility for paying premiums. If payment is not made within the time specified, coverage will be terminated. While on extended leave, a unit member shall have the option to remain an active participant in the State Unit members’ Retirement System to the extent permitted by law.

15.11 Application - All requests for extended leaves of absence, extensions, or renewals of such leaves will be made in writing to the Superintendent, and the Board will make a written response to all such requests.

15.12 Notice of Intent to Return - The unit member must give notice of a decision to return from leave or to resign by June 15th prior to the opening of school. Failure to give such notice shall result in the unit member waiving rights as expressed in this Article.

ARTICLE 16 - TEMPORARY SUMMER EMPLOYMENT

16.1 Summer Employment - Announcement of tentative temporary summer employment opportunities over which the Board has jurisdiction and budgeting authority (excluding summer school teaching positions) will be made by April 15th each year. Unit members may apply between April 15th and April 30th. Announcements of selection of participants will be made by May 15th, contingent upon budget approval by fiscal authorities.

     A. Unit members will be notified of their participation in a temporary summer assignment as soon as possible after the budget is approved by fiscal authorities.

     B. Pay for temporary summer assignments shall comply with the contract language outlined in 19.11 Extra Duty Pay: Uniform Pay Schedule—Services Payment.

     C. Regular daily rates will be paid for assignments which involve the same activities as those assigned during the regular year.

16.2 Summer School - Notices for summer school teaching positions shall be advertised for at least ten (10) calendar days. Notices will be sent to each school and the Association office and shall be posted at the Board of Education offices. The postings will state positions available, qualification requirements, and application deadlines. Per diem/hourly salary rates shall be paid in these assignments. Positions which become open after the last unit member day of the regular school year shall be announced on the employment hotline when time permits. Persons not assigned from the original applicant pool will be considered for the additional open positions.

ARTICLE 17 - UNIT MEMBER FACILITIES

In the design of all new school facilities, in the renovation of existing buildings, and where possible in existing buildings, the Board shall provide the following:

     A. A storage cabinet, a file cabinet, and a bookcase in which the unit member may safely store instructional materials and supplies, and storage facilities for traveling unit members.

     B. A serviceable desk and chair for the unit member in each classroom.

     C. A unit member work area containing adequate equipment; and

     D. An appropriately furnished room to be reserved for the exclusive use of all unit members as a faculty lounge.

ARTICLE 18 - STUDENT DISCIPLINE

18.1 Misbehavior - When a student’s behavior seriously disrupts the instructional program to the detriment of other students, the classroom unit member may remove the student from class and refer him/her to the principal or a designee. The principal will determine when the student will return to class, but such determination shall be made after consultation with the unit member. The unit member is responsible for consulting with the principal or designee at the first opportunity during which the unit member is not scheduled for the supervision or instruction of students. When the unit member submits a written report on such behavior, the principal or designee shall respond in writing after the consultation.

18.2 Serious Incidents - If a unit member is subject to serious verbal abuse, profanity, or outright disrespect by a student, a written statement of the corrective action taken or to be taken by the principal shall be prepared and available in the principal’s office prior to the student’s readmission to class.

18.3 In-school Procedure - An appropriate disciplinary procedure including an in-school suspension plan, which is a part of the regular schedule whenever possible and wherever feasible, shall be maintained in each school with the involvement of representatives of the faculty, nominated and elected by the faculty, and representatives of the school administration, provided such procedure shall not conflict with other provisions of this Article. The school administration shall submit said procedures annually to the Superintendent or designee not later than the first student day.

ARTICLE 19 - SALARIES

19.1 Master’s and APC +60 Hours - For Master’s degree and APC and 60 semester hours, add $369.00 above Scale 07. For earned Doctorate and APC, add $614.00 above Scale 07.

19.2 Conditional Scale Movement - A unit member may not move more than two (2) consecutive steps upon entering Scale 02 before earning enough credits to be placed on a higher scale. After intervening experience on a scale above 02, a unit member may move two (2) additional consecutive steps upon re-entering Scale 02. Salary step credit is transferable on Scale 02 and above.

Multiple years at one salary step count only as one (1) year for salary credit. The unit member should consult with the Human Resources Department about credit requirements to remove conditional certification.

19.3 National Certification - Any unit member who has obtained National Board Professional Teaching Standards (NBPTS) certification will receive $2,000 per each year that the NBPTS certificate remains in good standing.

19.4 Compensation—Leadership Responsibilities
     A. Instructional Leaders - Each school will be allocated unit member level instructional leader positions based on the number of teaching staff at the school and whether or not the school is organized into primary or intermediate teams, grade level teams (including ITO formats), or content departments. With the exception noted below, no school will receive fewer than four (4) instructional leader positions.

Compensation for instructional leaders will be based on the number of unit members for whom they have responsibility. Combinations of instructional leadership positions will be at the discretion of the principal, but compensation will be determined by the combined total numbers of unit members under the direction of the instructional leader.

Instructional Leader Stipend
     3-4 Unit members $450.00
     5-9 Unit members $600.00
     10+ Unit members $750.00

By July 15th of each school year, or as soon as available thereafter, the Board will provide a report to the Association listing the names of those unit members who are to receive compensation under this provision and the amount each is to receive.

NOTE: Schools with small enrollment (less than two hundred [200] students, for example), will receive two (2) instructional leader positions. Other variations in instructional leadership compensation could be due to split grades, enrollment bubbles, etc.

     B. Head Teachers—Elementary Schools
Unit members designated by the Board as head teachers in elementary schools in which an administrator is not ordinarily assigned may receive no less than $1500, depending upon the size of the school and the responsibilities attendant to the assignment. It is expressly understood that this position will carry no responsibility for evaluation or supervision of bargaining unit members.

     C. Unit members assigned as test coordinators will be relieved of all non-compensated duties.

     D. School Improvement Team Facilitator
Stipend up to $750.00 to be determined by the Executive Director based on student population.

19.5 Supplemental Salary for Leadership Responsibilities Program - The Teacher Leadership Responsibilities Program (TLRP) shall be administered by a committee consisting of four (4) voting members appointed by the Association and four (4) voting members appointed by the Superintendent. The co-chairs shall be the President of the Association and a staff person appointed by the Superintendent. The Association President shall cast the deciding vote in the event of a deadlock or tie.

The Committee shall be charged with the administration and oversight of the TLRP, including, but not limited to, the addition and/or deletion of activities to the program. Guidelines, procedures, approved activities, etc. shall be posted by the committee on the Board’s website.
A stipend of $1,200.00 shall be paid upon the accumulation of eight (8) VALU points by any unit member.

19.6 Pay Options - Unit members have the option of being paid over ten (10) months or twelve (12) months.

19.7 Deductions - Deductions from salary for absences in excess of any leave with pay allowed in this Agreement shall be at 1/260th of the annualized salary for a period, not to exceed ninety (90) calendar days or less if LTD coverages become effective before ninety (90) calendar days have passed.

19.8 Early Retirement Notice - Unit members who inform the Board of their June 30th retirement by January 15th of that year will receive an additional $1,000.00 in salary.

19.9 Salary Enhancement - Unit members serving in Specialized Assignments will have their salary increased by $5,000 per work year. No unit member will receive more than one $5,000 salary incentive pursuant to this provision in any one school year.

19.10 Salary Scales
Salary increases shall be as follows:

     • 2008-2009 2% plus step
     • 2009-2010 2% plus step
     • 2010-2011 3% plus step

The 2010-2011 salary increase plus one (1) item from each side shall be subject to renegotiations. Notification must be provided in writing to the other party by September 30, 2009. No later than October 31, 2009, the parties shall undertake good-faith bargaining.

2008-2009 Teacher’s Salary Scale

2009-2010 Teacher’s Salary Scale

2010-2011 Teacher’s Salary Scale

19.11 Extra Duty Pay - Uniform Pay Schedule—Services Payment

Teaching students (beyond the school day, except summer school - $35.00 per hour

Teaching adults in a workshop - $35.00 per hour plus $10.00 for thirty (30) minutes of prep time allowed to each hour of teaching

Non-teaching Professional Development work (e.g. curriculum writing, assessment writing, model lesson plan design, workshop development and writing, special projects, etc) - $25.00 per hour

School Improvement Team Members (who write the school improvement plan) - $25.00 per hour, up to tem (10) hours, for up to five (5) persons.

Department Chair (for monthly meetings beyond the school day) - $25.00 per hour

Participation in Professional Development (beyond the school day and summer) - $25.00 per hour

Participation in AP or Similar Workshops (beyond the school year or on weekends) - No less than $25.00, up to five (5) hours per day (workshop fees will be paid)

Program Manager for Grants Stipend to be determined by Grant Oversight Committee

Home and Hospital Teaching - $21.41 per hour

Communication Connectors - $20.00 per hour

ARTICLE 20 - FRINGE BENEFITS

20.1 Life Insurance - The Board shall pay one hundred percent (100%) of the premium costs for a substantially equivalent policy to that previously existing Group Term Life Insurance Program. The amount of life insurance per unit member shall be one times (1X) the annual contracted salary, with double indemnity for accidental death.

20.2 Health Insurance - The Board shall provide a health insurance that is comparable to that which is outlined in the Summary Plan Description (SPD) in effect on July 1, 2004, with the addition of the following benefits: helicopter transport, coverage for contraceptives, and four (4) tier premium structure. The Board shall pay the following percentages of the individual and dependent premium costs for the existing health and dental insurance plan agreed to by the Board and the Association for those unit members who work a minimum of thirty (30) hours per week:

     • 85% of the individual and dependent premium cost for a point-of-service (POS) health and dental insurance plan;
     • 81.3% of the individual and dependent premium cost for a preferred provider organization (PPO) health and dental insurance plan;
     • 86.3% for an exclusive provider organization (EPO) health and dental insurance plan.

The Board shall pay fifty percent (50%) of the individual and dependent premium cost for the current health insurance plan for those employees who work half-time up to thirty (30) hours per week.

A four (4) tier premium structure went into effect January 1, 2006. The four (4) tiers are: single, parent/child(ren), husband/ wife, family.

The Board agrees to increase the maximum yearly allowance for dental from $1,000.00 to $1,200.00.

The Board agrees to facilitate, at least annually, discussion on healthcare. The President (or designated bargaining unit member) may serve as a liaison in an advisory, informational capacity during the meeting(s).

In the event of possible significant alteration or cessation of current healthcare benefit funding or offerings to unit members, be it through contract or practice, the Board and Association shall meet to discuss options and solutions prior to implementation of said changes.

The Board shall provide vision coverage as part of the healthcare package effective July 1, 2008. Coverage details will be determined by the Board. The Association will submit suggested coverage parameters prior to bidding.

20.3 Surviving Spouse Coverage - The surviving spouse and dependents of a unit member, who has thirty (30) years of service with the Washington County Board of Education and who is eligible to retire, will be eligible for continued health and dental benefits which will be calculated the same as for a retiree providing that the unit member, spouse, and dependents were enrolled in such programs prior tothe death of the unit member.

20.4 Long Term Disability (LTD) - All eligible employees (those who work a minimum of thirty [30] hours per week) who elect Long-Term Disability (LTD) insurance for unit members will have their pay increased by seventy-five percent (75%) LTD insurance and that same amount will be deducted from their pay. LTD insurance will be calculated and prorated at the unit member’s annual contracted salary.

20.5 Retirement Payment: Sick Leave - Upon the retirement or death of a unit member, payment will be made at the rate of $35.00 for each unused sick leave day accumulated in Washington County. Payment will be made during the current calendar year, or upon request, during the following January. In case of death,payment will be made to the unit member’s estate.

20.6 Tuition Reimbursement - The Board will reimburse all unit members for a maximum of nine (9) credit hours at $294.00 per credit hour earned while participating in a preapproved course of study, subject to the available funds of $498,000.00 for the 2007-2008 school year.

Unit members shall be active employees at the time of the request, while course work is being completed, and when reimbursement is requested. The unit member shall file the completed request for tuition reimbursement with the Board by the dates listed below:

     • October 15th - For Summer courses*
     • March 1st - For Fall courses*
     • August 31st - For Spring courses*

     * Inclusive of mini-mesters and all coursework completed during this window of time.

Courses in addition to a planned academic or certification program taken by the unit member in order to support his/her professional growth and development in his/her current assignment may qualify for reimbursement. Flexibility and substitute coverage may also be provided for travel and
class attendance.
Eligible bargaining unit members shall be reimbursed by the Board within a timely manner upon written verification of earned credit hours from an approved on-line Institution of Higher Learning (IHL).

Reimbursement requests will be processed only for grades of “B” or higher.

20.7 Professional Meetings - A reasonable portion (fifty percent [50%] to seventy percent [70%]) of all funds spent to attend professional meetings shall be allocated to paying the expenses of classroom unit members at said meetings.

20.8 Payroll Deductions
     A. Credit Union - Deductions from salary shall be made for the Washington County Federal Teachers Credit Union, provided that any unit member desiring such a deduction shall submit a signed authorization form (provided by the Credit Union) to the Board at least eight (8) workdays prior to the pay date on which the deduction is to commence. Deductions will be made bi-weekly until terminated or changed by the unit member in writing, provided that the unit member will notify the Board as to any change in the amount deducted at least eight (8) workdays prior to the pay date on which the change is to be effective. The Board will transmit money deducted to the Credit Union within eight (8) workdays after the last pay date of each month.

     B. Tax-Sheltered Annuity Plans - A unit member may elect to have a specific salary reduction, within the legal limits, deducted bi-weekly, from pay checks to participate in a tax-sheltered annuity programs. Beginning July 1, 2004, the Board will offer unit members a 457 Retirement Plan in addition to the current 403b Retirement Plan.

     C. U.S. Savings Bonds - Twice a year, in September and February, all unit members will be given the opportunity to enroll in or change participation in the U.S. Savings Bond Payroll Deduction Plan. Authorization forms describing plans available will be supplied by the Board. Deductions for U.S. Savings Bonds will be made from each pay.

     D. Political Action Contributions (PAC) - Deductions from salary shall be made for the Fund for Children and Public Education. To effect such a deduction, a unit member shall submit a signed authorization form (provided by WCTA) to the Association. WCTA will provide the original of the completed authorization form to the Payroll Department. There will normally be a one (1) pay period lag between the time the completed form is received in the Payroll Department and the first payroll deduction. Deductions will be made from each pay through June 15th (inclusive), unless terminated or changed by the unit member in writing. To make such a termination or change, the unit member shall send written notification which specifies the dollar amount and effective date of the change to the Payroll Department. Such notification must be received in the Payroll Department at least eight (8) workdays prior to the pay date on which the change is to be effective. The Board of Education will send all PAC deductions to the Association within eight (8) workdays after the last pay date of each month in which monies are
deducted.

20.9 Critical Need Areas—Tuition Reimbursement - Should a unit member apply for and be approved by Human Resources Administration to become highly qualified in a critical need area as defined by the Maryland State Department of Education (MSDE), the Board will pay one hundred percent (100%) of his/her tuition, books, and fees. Interested individuals must make application by way of instructions on the offerings posted on the Board’s website.

Bargaining unit members who become highly qualified by way of this contractual provision will be placed in a critical need vacancy in exchange for committing to a minimum of three (3) years of any subsequent employment with the Board. If no vacancy exists at the time, the employee will be placed in a position for which he/she is certified until a critical need vacancy becomes available.

At the Board’s discretion, flexibility and substitute coverage may be provided for travel and class attendance.

The Board shall determine participation parameters after conferring with the Association prior to posting said opportunities.

20.10 Critical Need Areas—Sabbaticals - Bargaining unit members who apply for and are approved by Human Resources Administration may take a paid critical need sabbatical at seventy-five percent (75%) of his/her annual pay to complete coursework in an identified critical need area as defined by the Maryland State Department of Education (MSDE). Unit member benefits shall continue as if on fulltime status. These individuals must be within one (1) year of completing his/her program of studies and make application by way of instructions on the offerings posted on the Board’s website.

Bargaining unit members who successfully complete the critical need sabbatical will be placed in a critical need vacancy in exchange for committing to a minimum of three (3) years of any subsequent employment with the Board. If no vacancy exists at the time, the employee will be placed in a position for which he/she is certified until a critical need vacancy becomes available.

The Board shall confer with the Association to determine participation parameters prior to posting said opportunities.

At reinstatement, the bargaining unit member’s salary will be governed by current provisions of Article 15.9 of the Negotiated Agreement.

ARTICLE 21 - EXTRA-CURRICULAR ACTIVITIES

21.1 Extra Rate of Pay - The Board will grant extra pay to those employees who are selected each year by the principal and who agree to perform the following extra-curricular assignments beyond the regular workday. Compensatory time will not be granted in lieu of payment for the following established extra-curricular assignments. The number of high school positions will increase from 7 to 8.

Changes to extra-curricular positions shall be implemented as referenced by the scale for 2008-2009.

21.2 Extra Curricular Assignments - The Board will grant extra pay to those employees who are selected each year by the principal and who agree to perform athletic director and coaching assignments beyond the regular work day as shown on page. Compensatory time will not be granted in lieu of payment for these assignments. Coaches’ pay will increase by 10% for those who have coached in the Washington County School System for ten (10) or more years. Compensation will be granted only if the Board determines that the major portion of the extra-curricular activity occurs outside the workday. Athletic directors will be indexed by the number of sports teams sanctioned by both MSSA and WCSSA:

• 1 = <16
• 1.1 = 16-22
• 1.2 = >22

In each school, compensation will be given for no more than two (2) plays per year.

1. Coach for freshman team. Assignment begins when school opens for students.
2. The index number is multiplied by the amount stipulated for Head Football Coach to determine the compensation of other assignments.
3. Five additional workdays required (summer days) to be determined by the Principal
and Athletic Director.

21.3 Outdoor School - In those weeks when the Outdoor School session operates less than a normal five (5) day
week, compensation will be granted at the rate of $100.00 per day for those days the school was in operation for that
week.

On those days when the Outdoor School operates but other unit members are not working, compensation will be equal
to the unit member’s daily rate plus $100.00.

21.4 Equitable Duties - Unit members receiving extra-curricular compensation shall assume teaching assignments and other non-compensated duties on an equitable basis with all other unit members on the faculty.

21.5 Band Camp - Band directors who are expected to hold summer band camp will be paid at a per diem rate.

21.6 Posting of Vacancies - Vacancies in assignments for compensated extra-curricular activities or in new assignments for compensated extra-curricular activities shall be posted in the school in which the vacancy or the new position occurs for a period of five (5) school days before the position is filled.

Coaching vacancies occur only when one of the following three (3) conditions exists:

     • A new position is created
     • A coach resigns by his or her own volition
     • A coach is terminated

All such coaching vacancies shall be filled by bargaining unit members except where there are no acceptable and qualified applicants.

21.7 New Activities - Extra-curricular activities may be added at the discretion of the Board. Unit members in such new activities shall be paid approximately commensurate to those paid for coaching/advising in similar activities but in no case shall pay be less than the lowest amount paid in the category of activities to which the new assignment is added.

ARTICLE 22 - INSTRUCTIONAL MATERIALS

22.1 Availability - Textbooks and other materials of instruction are to be received in the schools prior to the opening of schools in September with the understanding that the Board cannot be responsible for delays or appropriation limitations over which it has no control.

22.2 Per Student Allotments - Each school shall be allotted a basic amount per student for academic and special area classes.

22.3 Accounting - Each year the Board shall provide the Association, by department and special area (grade levels and/or subject area), the accounting of all funds budgeted and expended for instructional supplies.

22.4 Special Expenditures - The Board and the Association recognize that needs for specialized instructional materials arise in the classroom during the school year. In addition to those materials requested on the annual requisition, a unit member may submit a request through his/her principal for special materials ofinstruction.

22.5 Textbook Selection - As new textbooks are considered for purchase, committees which include unit members, administrators and supervisors shall be formed to study the available materials and make recommendations. Such recommendations shall be considered in view of the county-wide program and existing courses of study. Unit members serving on such committees shall be selected from the grades or subject areas of schools where said textbooks shall be used. If a committee cannot reach a consensus in order to make a recommendation to the Superintendent of Schools or his designee, the dissenting member of the committee may also submit a recommendation to the Superintendent or designee. The Board of Education retains its legal responsibility for final decision.

ARTICLE 23 - GENERAL PROVISIONS

23.1 Family Medical Leave (FML) - Personnel covered under the provisions of the Family and Medical Leave Act will be afforded leave in accordance with the Act.

An employee must first use his/her paid annual leave, personal leave, and sick leave for the purposes of family and/or medical leave prior to using his/her unpaid leave. However, in no event shall FML exceed an aggregate of twelve (12) weeks in any twelve (12)-month period

23.2 Non-discrimination - The Board is an equal opportunity employer and does not discriminate in matters affecting employment or in the providing of services, programs or activities in compliance with all federal and state anti-discrimination laws. In addition, the Board does not discriminate on the basis of size.

23.3 Severability - If any provision of this Agreement or any application of this Agreement to any unit member or group of unit members is held to be contrary to law, then such provision or application will not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect. The parties will meet not later than fifteen (15) days after such holding for the purpose of amending the language to conform with the law.

All articles marked with an asterisk (*) will remain in the Agreement as is unless the Maryland State Board of Education or a court of competent jurisdiction rules that they may not be bargained, or until, through collective bargaining, they are removed from the Agreement, or otherwise modified. A
ruling as the result of a request from any source, whether our county, a group of counties, or any association of counties participating in a service organization,shall be cause to remove, or modify, provisions deemed to be not bargainable.

23.4 Policy Conformity - This Agreement constitutes Board policy for the term of said Agreement, and the Board will carry out the commitments contained herein and give them full force and effect as Board policy. The Board will amend its written policies and take such other action as may be necessary in order to give full force and effect to the provisions of this Agreement.

23.5 Negotiations for the Successive Years - No later than October 2010 the parties shall undertake good faith negotiations.

23.6 Impasse Procedures - Pursuant to Title 6, Subtitle 4, Section 6-408(d) of the Education Article of the Annotated Code of Maryland (1978), if the parties in an impasse proceeding are unable to agree upon a third panel member or obtain a commitment to serve within a specified period, the rules of the American Arbitration Association (AAA) shall govern.

23.7 Distribution - Copies of this Agreement will be printed at Board expense and a small sized copy given to each unit member in the negotiating unit on the first working day for unit members in the fall or sixty (60) days following the signing of the Agreement, whichever is later.

23.8 Renegotiations - If the Washington County or State of Maryland fiscal authorities, in exercising their authority under the law, reduce the approved budget during the fiscal year, and such actions make it necessary for the Board to reduce negotiated salary agreements, compensation and number of duty days shall bethe subjects of renegotiations. In such event that renegotiations are mandated, the parties agree to meet as soon as possible after the action of the Board, and they agree to complete such renegotiations within thirty (30) calendar days of that action.

ARTICLE 24 - DURATION

APPENDIX A
RETIRE/REHIRE
NEGOTIATED AGREEMENT
between the Board of Education of Washington County and the Washington County Teacher’s Association

Recognition
The Board of Education of Washington County, hereinafter referred to as the “Board,” recognizes the Washington County Teacher’s Association, hereinafter referred to as the “WCTA” and “Association,” as the bargaining agent for the purpose of negotiating a formal agreement with respect to salary, wages, hours, and other working conditions for ”retired/rehired” teachers. Individuals employed under this provision will be eligible to pay full annual dues to WCTA.

Definition
For the purposes of the agreement, “retired/rehired teachers” shall be defined as a certificated employee who is a member of the Maryland State Teacher’s Retirement System or the Maryland State Teacher’s Pension System and who is hired by a local school system under the provisions of §22-406 and §23-407 of the Annotated Code of Maryland, State Personnel and Pension

Article.
Terms of Employment
Retired/rehired teachers will be hired for a one (1)-year term. Contracts for retired/rehired teachers will be for a term of one(1) year and may be renewed annually upon the mutual written agreement of the local school system and the retire/rehired teacher. Retired/ Rehired teachers are at-will employees.

Salary/Benefits
Retired/rehired teachers will be hired at Step 18, or its equivalent, of the 2008-2011 Negotiated Agreement between the Board and the Association.
Retired/rehired teachers will be provided four (4) sick days and two (2) personal days. Sick days and personal leave days will not carry over from year-to-year nor be subject to any payout. Personal leave may not be taken on an in-service day, immediately preceding or following a school holiday, or during mandated student assessment days unless factors beyond the employee’s usual control require that the employee use personal leave on such day. The principal may require a reason be given before approving personal leave on such a day.

General Provisions
Unless otherwise required by law, the evaluation of retired/rehired teachers will not be required unless necessary for recertification. When a Retired/Rehired Teacher is being evaluated, the evaluation shall be done in accordance with Article 9, Unit Member Evaluation, of the Negotiated Agreement between the Board and the Association. Retired/rehired teachers will maintain previous experience credited to them. Any retired/rehired teacher who has twenty-five (25) years or more of documented teaching experience will be exempt from MSDE required reading credits.
If a Reduction-In-Force were to occur, retired/rehired teachers would be the first group of teachers to be reduced.

The provisions of this contract shall be effective from July 1, 2004, to June 30, 2007. The contract may be reopened upon mutual agreement of the parties. This agreement incorporates the entire understanding of the parties on all matters which are the subject of negotiations and shall not be modified unless in writing and signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this document to be executed by their duly authorized representatives this 15th day of June 2004.

APPENDIX B
Memorandum of Understanding
Article 7.7
Specialized Teaching Assignments

This document memorializes the May 8, 2007, mutual agreement set forth between the Washington County Teachers Association (WCTA) and the Board of Education of Washington County (Board) regarding the continuation of “Specialized Teaching Assignments” at five (5) schools in the Washington County Public
School (WCPS) System. These schools include Bester Elementary School (BES), Eastern Elementary School (EES), Antietam Academy (AA [both campuses]), Western Heights Middle School (WHMS), and Winter Street Elementary School (WSES).

The School System Improvement Team (SSIT), as established by Article 7.7 (B) of the current Negotiated Agreement, agrees upon the following actions:

     • Continue reform initiatives ($5,000.00 additional pay for staff and an eight-hour workday) at EES for the 2007/2008 school year, unless negotiated otherwise. However, AA (both campuses) will continue indefinitely or until funding is no longer available. Board and WCTA representatives agree the AA is a unique school because of the challenges associated with the student population.

     • Acknowledge that the three (3) other aforementioned schools will continue to receive the reform initiative for the previously agreed upon durations, unless negotiated otherwise. WSES through 2008/2009 school year, BES through 2007/2008 school year, and WHMS through 2008/2009 school year.

    • Form a work group consisting of WCTA and Board representatives to meet between August and November 2007 to establish individual school benchmarks and criteria for discontinuation of reform initiatives.

     • Reconvene the 2005/2008 SSIT prior to January 2008 to ensure that staff who are receiving the reform initiative have ample time to consider any decisions of the group.

    • Continue to have reform initiative considerations be a function of the SSIT.