CBA CTA - 2019 Modifications to July 2017-June 2020

Collective Bargaining Agreement Between The School Board of Palm Beach County, Florida And The Palm Beach County Classroom Teachers Association Palm BeachCountyClassroom TeachersAssociation July 1, 2017 - June 30, 2020 (2019 Modifications) The School Board of Palm Beach County Barbara McQuinn District Chuck Shaw, Vice Chairman District Karen M Brill District Erica Whitfield District Frank A Barbieri, Jr., Esq., Chairman District Marcia Andrews District Debra L Robinson, M.D District Donald E Fennoy II, Ed.D Superintendent of Schools ii DISTRICT BARGAINING TEAM Michael J Burke Chief Financial Officer Gonzalo S La Cava, Ed.D Chief of Human Resources Vicki Evans-Paré Director, Employee and Labor Relations Angela Avery-Moore Regional Superintendent, Glades Area Ana Arce-Gonzalez, Ed.D., Principal South Grade Elementary School Susan Atherley, Ed.D., Principal Alexander W Dreyfoos Jr School of the Arts Blake Bennett, Principal Wellington Landings Middle School Heather Knust, Director Budget Mark Mitchell, Director Compensation & Employee Information Services Mary Powers, Manager Labor Relations iii CTA BARGAINING TEAM Justin Katz, President Theo Harris, Executive Director Palm Beach CountyClassroom Teachers Association Patricia Hatch, Lake Park Elementary School Jeffrey Levinson, John I Leonard High School Gordan Longhofer, Pahokee Middle School Hazeltine McFarlane, Boynton Beach High School Denise Megiel-Rollo, CTA Labor Relations Consultant Randal Oddi, Suncoast High School Retha Prescod, Atlantic Community High School William Rizzo, Polo Park Middle School Edith Pride-Williams, Boca Raton Elementary School iv PREAMBLE This comprehensive Agreement has been negotiated by and between The School Board of Palm Beach County, Florida and the Palm Beach County Classroom Teachers Association (CTA) The Agreement was approved by the School Board on February 20, 2019 and ratified by CTA on March 20, 2019 Unless otherwise provided herein, this Agreement shall be effective when ratified and approved by both Parties and shall continue in full force and effect through June 30, 2020 The Parties agree that this Agreement incorporates all written understandings between the Parties entered into prior to the effective date of this new comprehensive Agreement unless expired or agreed to in writing otherwise During this Agreement, either party may reopen the contract as follows: In April of the first year (2018) of this Agreement either Party may reopen Article VIII, Section A – Salary and Appendix A – Performance-Based Salary Schedule plus (2) additional Appendices and select four additional Sections each to negotiate In April of the second year (2019) of this Agreement, either Party may reopen Article VIII, Section A – Salary and Appendix A- Performance-Based Salary Schedule plus two (2) additional Appendices and select four additional items (Sections) each to negotiate The Parties agree that nothing herein prohibits the opening of negotiations in April of 2020, or earlier, for a successor Agreement prior to the expiration of this Agreement In addition, the Association agrees to participate in reopened coalition negotiations with the District in 2019 for changes in calendar year 2020 as provided in Article VIII, Section H of this Agreement Should future coalition agreements call for the reopening of Article VIII, Section H, the Parties agree to comply with those reopener provisions IN WITNESS WHEREOF, the aforementioned Parties have executed and ratified this Agreement on the day of , 2019 FOR THE PALM BEACH COUNTY CLASSROOM TEACHERS ASSOCIATION FOR THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA _ Justin Katz, President _ Frank A Barbieri, Jr., Esq., School Board Chairman _ William Rizzo, Vice President _ Donald E Fennoy II, Ed.D., Superintendent _ Theo Harris, Executive Director _ Gonzalo S La Cava, Ed.D., Chief of Human Resources _ Patricia Hatch-Sabers, Negotiations Chairperson _ Vicki Evans-Paré Director, Employee and Labor Relations v Table of Contents PREAMBLE v ARTICLE I - GENERAL 11 Section A - Definitions 11 Section B - Recognition 13 Section C - Discrimination and Harassment 16 Section D - Management Rights 17 Section E - Savings 17 Section F - Negotiations Procedure 17 Section G - Non-Reappointment/Resignation/Reappointment of Employment Contracts 18 ARTICLE II- RIGHTS AND RESPONSIBILITIES 22 Section A - Responsibilities 22 Section B - Personnel Files 23 Section C - Employee Facilities 24 Section D - Vending Machines in Employees’ Lounges 25 Section E - Payroll Deductions 25 Section F - Employee Authority and Protection 26 Section G - Employee Evaluation 32 Section H - Safety 41 Section I - Tuberculin Test 41 Section J - Pupil Detention, Search and Seizure 42 Section K - Personal and Academic Freedom and Responsibilities 42 Section L - Tutoring 43 Section M - Discipline of Employees (Progressive Discipline) 43 Section N - Authorized Travel Expense Reimbursement 45 Section O - Children of Employees 46 Section P - Home Work Office 47 Section Q - ESE Employees, Physical Restraint Procedures 47 Section R - Physical Education Environment 49 Section S - Guidelines for Classroom Visitation and Conferences 50 Section T - Teacher of the Year Selection 50 Section U - Lesson Plans 50 vi Section V - Job Sharing 51 Section W - Curriculum and Other Program Changes 55 ARTICLE III - WORKING CONDITIONS 56 Section A - Contract Year 56 Section B - Employee's Hours and Conditions 57 Section C - Professional Qualifications and Assignments 62 Section D - Employees Who Volunteer, or Who Are Assigned during Their Planning, and/or Covering another Employee’s Assignment 64 Section E - Responsibility of Absent Employees 65 Section F - School Centers 66 Section G - Employee Building Council (EBC) 66 Section H - Releasing Students from School 68 Section I - Prohibition of Leaving Money at School after Hours 68 Section J - Itinerant Employees 69 Section K - Staff Development In-Service Training 69 Section L - Paychecks 69 Section M - Duty-Free Lunch 71 Section N - Extra Duty Assignment 71 Section O - Substitute and Interim Employees 71 Section P – Secondary (Middle, High, Vocational, Alternative, Special) School Scheduling 74 Section Q - Smoke-Free Environment 77 Section R - Association Representation 77 Section S - Discretionary Funds for Supplies/Equipment 77 Section T - Out-Of-Building Radio Communications 78 ARTICLE IV - VACANCIES, TRANSFERS UATs, LAY-OFFS/CALL-BACKS AND EMPLOYMENT CONTRACTS 79 Section A - Placement Priority Classifications 79 Section B - Posting and Filling Vacancies (Voluntary Transfers) 79 Section C - Voluntary Transfer Period 80 Section D - Notification of Transfer Requests and Exceptions 81 Section E - Unit Adjustment Transfer (UAT) Procedures 81 Section F - New Schools and "Magnet Schools" 86 Section G - Involuntary Transfers 88 Section H - Layoff/Call-Back Procedures 88 vii Section I - Summer School (Special Session) Employees 90 Section J - Vocational Education, Adult Education and Community School Part-Time Employment 91 ARTICLE V - LEAVES .92 Section A - Paid Leaves: General Provisions 92 Section B - Specific Paid Leaves 92 Section C - Unpaid Leaves: General Provisions 102 Section D - Unpaid Leaves: Specific Provisions 103 ARTICLE VI - ASSOCIATION RIGHTS AND PRIVILEGES 107 Section A - Privileges 107 Section B - Dues Deduction 109 Section C - President's Assignment to Temporary Duty 110 Section D - Association Business 110 Section E - Association on School Board Agenda 111 Section F - Distribution of this Collective Bargaining Agreement 112 Section G - School Calendar 112 Section H - No Strike Clause 112 ARTICLE VII - GRIEVANCE PROCEDURE 113 Section A - Definition 113 Section B - Purpose 113 Section C - Procedures 113 Section D - General Provisions 115 ARTICLE VIII - COMPENSATION AND BENEFITS 118 Section A - Salary 118 Section B - Experience for Salary Defined 121 Section C - Year of Service Defined 124 Section D - SPECIAL Sessions Salary Schedule 124 Section E - Supplemental Salary 124 Section F - Retirement Supplement 124 Section G - Glades Supplement 124 Section H - Health, Life, Dental and Vision Insurance 125 Section I - Employee Liability Insurance 136 Section J - Retirement Benefits 136 Section K - Section 125 Spending Accounts 137 viii Section L - Employee Assistance Program 137 Section M - Advanced Degrees 137 Section N - Mandatory In-service 140 Section O - Tax Deferred Annuity Program 140 Section P - Rewards and Incentives 140 Section Q – Medicaid Incentives 141 ARTICLE IX - SCHOOL REFORM 143 Section A - Requests for Waivers by School Advisory Committees 143 ARTICLE X - MISCELLANEOUS PROVISIONS 144 ARTICLE XI -TERM OF AGREEMENT 144 APPENDIX A – OPEN RANGE GRANDFATHERED AND PERFORMANCE PAY SALARY SCHEDULES 145 APPENDIX B - SUPPLEMENTS 149 APPENDIX C - SUMMER SCHOOL (SPECIAL SESSION) SALARY SCHEDULE 155 APPENDIX D - ADDITIONAL PERIOD SUPPLEMENT 156 APPENDIX E - FAMILY MEDICAL LEAVE (FML) 157 APPENDIX F - GRIEVANCE REPORT 159 APPENDIX G - ANNUAL OPTIONAL PAY-OUT FOR ACCUMULATED SICK LEAVE 160 APPENDIX H - TEACHER VOLUNTARY TRANSFER REQUEST 161 APPENDIX I – PERC CLARIFICATION MEMORANDUM OF AGREEMENT 162 APPENDIX J – DISTRICT AND SCHOOL TUTORIAL PROGRAM HOURLY RATE 163 APPENDIX K - TEACHER REQUEST FOR JOB SHARING 164 APPENDIX L – MOU - FINGERPRINTING 164 APPENDIX M – EXTENDED HOUR OF INSTRUCTION SUPPLEMENT AND ACCOMMODATIONS 166 APPENDIX N – MOU SIG III/Year - SY 17-18 Rosenwald Elementary School 169 APPENDIX O – MOU - SIG IV Original and FY19 Addendum at Dr Mary McLeod Bethune Elementary School 173 APPENDIX P – MOU UNISIG (Unified School Improvement Grant) 179 APPENDIX Q – MOU – Virtual Education School 181 APPENDIX R – MOU – Teacher Recruitment Sign-On Incentives 185 APPENDIX S – MOU - Test Item Writers/Reviewers – Compensation and Guidelines 189 APPENDIX T – MOU - AP and IB Instructors Participating in Professional Development Activities 190 ix APPENDIX U – MOU - Lake Shore Middle School 192 APPENDIX V – MOU - Teacher on Special Assignment 195 APPENDIX W - MOU - Teacher Retention Supplement - Referendum 197 APPENDIX X – MOU - Schools of Hope/Palm Beach Lakes High School, Gove Elementary School and West Riviera Elementary School 199 APPENDIX Y – MOU - Schools of Hope/Gladeview Elementary School and Lake Shore Middle School 201 x APPENDIX R – MOU-Teacher Recruitment Sign-On Incentives (cont’d) If the employee resigns during his/her commitment period, he/she will owe the District as set forth in the preceding paragraph but may be eligible to reapply for employment with the District as provided in the Parties’ Collective Bargaining Agreement If re-employed, he/she will not be eligible for a continuation of any yet unpaid tuition reimbursement or for any further tuition reimbursement as provided by this MOU *In a separate 2007 MOU, the Parties agreed to amend this date from “February 1” to “March 15” ** The Parties agreed to amend this date from “the summer of 2007” to “the summer of 2009” 188 APPENDIX S – MOU - Test Item Writers/Reviewers – Compensation and Guidelines 189 APPENDIX T – MOU - AP and IB Instructors Participating in Professional Development Activities 190 APPENDIX T – MOU - AP and IB Instructors Participating in Professional Development Activities (cont’d) 191 APPENDIX U – MOU - Lake Shore Middle School 192 APPENDIX U – Lake Shore MOU (cont’d) 193 APPENDIX U – Lake Shore MOU (cont’d) 194 APPENDIX V – MOU - Teacher on Special Assignment 195 APPENDIX V – MOU - Teacher on Special Assignment (cont’d) 196 APPENDIX W - MOU - Teacher Retention Supplement - Referendum 197 APPENDIX W - MOU - Teacher Retention Supplement - Referendum 198 APPENDIX X – MOU - Schools of Hope/Palm Beach Lakes High School, Gove Elementary School and West Riviera Elementary School 199 APPENDIX X – MOU - Schools of Hope/Palm Beach Lakes High School, Gove Elementary School and West Riviera Elementary School (cont’d) 200 APPENDIX Y – MOU - Schools of Hope/Gladeview Elementary School and Lake Shore Middle School 201 APPENDIX Y – MOU - Schools of Hope/Gladeview Elementary School and Lake Shore Middle School (cont’d) 202 ... Section Q - Smoke-Free Environment 77 Section R - Association Representation 77 Section S - Discretionary Funds for Supplies/Equipment 77 Section T - Out-Of-Building... either Party to this Agreement Pre-Conference: A meeting prior to an observation which must be a face -to- face meeting and may include the submission of the employee's lesson plan Post-Conference:... is assigned to an out-of-field position, the evaluator shall note on the evaluation that the employee is in an out-of-field assignment The District shall work with affected employees to make improvements