AGREEMENT MADE AND ENTERED INTO on this 28th day of June, 2004 by and between the School Board of the City of Providence (hereinafter referred to as the "Board") and the Providence Teachers Union, Local 958, American Federation of Teachers, AFL-CIO (hereinafter referred to as the "Union") as heretofore ratified pursuant to Section 17-27 of the Providence Code of Ordinances (Section 17-27).

WHEREAS, the parties' negotiations have resulted in agreement for a Collective Bargaining Agreement, effective September 1, 2004 to August 31, 2007; and

WHEREAS, the parties hereto desire to codify their agreement and be bound by the same;

Now, therefore, the Board and the Union hereto agree as follow:

PREAMBLE

Whereas, the Providence School Board and the Providence Teachers Union are committed to planning and implementing educational programs of the highest caliber designed to meet the multifaceted needs of our diverse student population, and

Whereas, in the pursuit of this common goal we also share the fundamental beliefs about educational philosophy and the nature of our joint responsibility to establish and maintain a collaborative working relationship based on trust, mutual respect, clear and direct communication, and a commitment to shared decision making, and

Whereas, Rhode Island General Laws 28-9.3-1 et seq., the Arbitration of School Teacher Disputes, accords to certified public school teachers the right to organize, to be represented, to negotiate professionally and to bargain on a collective basis with school committees covering hours, salary, working conditions and other terms and conditions of professional employment, and

Whereas, the School Board of the City of Providence and the Providence Teachers Union desire to promote good relations among certified teachers and between the School Board and the Union in the best interests of high quality education in the Providence school system, to provide and maintain mutually satisfactory terms and conditions of employment and to provide for the adjustment of grievances and disputes arising out of employment of certified teachers, and

Whereas, both the School Board and the Union recognize and accept the principles of collective bargaining as provided for by said Teachers' Arbitration Act, and

Whereas, in an election conducted by the Rhode Island State Labor Relations Board among eligible professional personnel of the Providence School System on June 20, 1966, a majority of those voting selected as the exclusive representative the Providence Teachers Union, and it thereby became the sole bargaining agent for all certified teaching personnel.

Now, therefore, the Board and the Union hereto agree as follows:

ARTICLE 1
UNION RECOGNITION AND JURISDICTION

1-1 Union Recognition
The Board recognizes the Union as the exclusive bargaining representative for all those persons in the bargaining unit which consists of all certified teaching personnel, long-term substitute teachers, long-term substitute teachers in-pool, home visitors, social workers and nurses but which excludes all administrators and per-diem substitute teachers.

1-2 Jurisdiction
The jurisdiction of the Union shall include those persons now or hereafter who perform the duties or functions of the categories of personnel in the bargaining unit.

ARTICLE 2
DEFINITIONS

2-1 Definitions
The term "school" as used in this Agreement means any work location or functional division maintained by the School Department in which the educational process is carried on.

The term "teacher" as used in this Agreement means a person employed by the Board in the bargaining unit as described in Article 1.

The term "person" as used in this Agreement means a member of the certified teaching personnel as defined in Article 1.

The term "Union Representative" as used in this Agreement means the Union building representative or other qualified designee of the Union.

The term "parties" as used in this Agreement means the Board and the Union.

The term "part-time teacher" as used in this Agreement is a regular teacher employed less than full-time with pro-rated salary, benefits and rights in accordance with Article 8-6.4.

The term "long-term substitute" as used in this Agreement means a person appointed by the School Board to serve in a position for a period of time not to exceed one semester.

The term "long-term substitute in-pool" as used in this Agreement means a person appointed by the Board to serve in a day-to-day substitute teaching capacity and who shall be utilized as such by the Providence School Department for day-to-day substitute teaching based upon the needs of the Providence School Department for day-to-day substitutes to cover the classes of teachers who are absent except that long-term substitutes in-pool may also be utilized to avert potential class size overages caused by IEP implementation or modification after the start of the school year, provided said long-term substitute teachers in-pool may not be utilized when a regular teacher or long term substitute is required.

The term "per-diem substitute teacher" as used in this agreement means a person hired by the Director of Human Resources to serve as a day-to-day substitute and who is not represented by the Union.

A per-diem substitute teacher will become a "long-term substitute teacher" when said per-diem substitute teacher works in excess of 68 days in one semester for the same absent teacher. A per-diem substitute teacher who is substituting for different absent teachers on a day-to-day basis will become a "long-term substitute teacher" when said per-diem substitute teacher has worked 135 days in a school year.

When a substitute teacher is employed pursuant to Article 8-6.4, the number of school days worked during the school year as a part-time regularly employed and/or a part-time long-term substitute teacher shall be counted together with the number of days worked as a substitute teacher when determining the number of days worked in a school year. When a part-time regularly employed teacher and/or a part-time long-term substitute teacher who works in said part-time position for less than a full school day, shall have said parts of the school days worked added with each five-fifths (5/5) and/or full day worked counting as one (1) full school day. Should said part-time teacher be offered substitute teaching work for the balance of said part-time teacher's regularly scheduled teaching day, said school day shall count as one (1) full day.

A per-diem substitute teacher whose name appears on the 1994/1995 Recall Seniority List or any previous Recall Seniority List and who becomes a "long-term substitute" during the school year will be paid the standard step on the salary schedule retroactive to the first day of service as a per-diem substitute during the school year as dictated by the number of years of regular service completed prior to that time.

"Teaching periods" are those periods in which the teacher is actively involved with the pupil in the act of teaching, and has participated in the planning of the instruction to be conducted.

"Unassigned periods" are those periods during which the teacher is not assigned a regularly programmed responsibility.

"Administrative periods" are those periods during which the teacher is programmed for an activity other than teaching.

"Homeroom classes" are those in which children assemble in the morning, at lunchtime and/or at the close of the day for administrative purposes. The time involved is usually a short period and is known as the "homeroom" period.

"Annual gross salary" wherever it appears in the Board-Union Collective Bargaining Agreement shall not include the compensation set forth in B-9 which is titled "Athletic Directors, Coaches, All City Band Directors, School Treasurers and Advisors" nor will said compensation be included when computing class size overage payments.

Wherever the singular is used in this Agreement, it is to include the plural.

Wherever Middle School is used in this Agreement, it is to include Junior High School.

"School Year" as used in this Agreement means those teaching days and orientation day as set forth in Appendix D and made a part of this Agreement.

"Work Year" as used in this Agreement means those teaching days, orientation day, professional development days and parent/teacher conferences as set forth in Appendix D and made a part of this Agreement.

"System-wide Area of Certification Seniority" (SWACS) as used in this Agreement means the number of years of service, or parts thereof, in a position requiring a certificate. The number of years of service, or parts thereof, shall include teaching periods, unassigned periods, administrative periods, compensatory periods and travel time during the school day. Where a teacher has service in more than one area of certification; that is, two or more areas requiring different certificates, fractional system-wide area of certification seniority shall accrue to the teacher. A teacher's non-teaching service time during the school day; that is, administrative periods, compensatory periods, unassigned periods and travel time during the school day shall accrue to the certificate area required of the teacher to fulfill the majority portion of his/her assignment. Where a teacher has no majority assignment, the teacher shall choose, at the time the program begins, to which certificate area among those required to fulfill those assignments, shall the non-teaching service portion of the program accrue system-wide area certification seniority.

Teachers shall accrue system-wide area certification seniority for all paid and non-paid leaves except for leaves without pay as provided for in 5-6.1 and 5-12. Teachers on all other leaves shall accrue system-wide area of certification seniority.

Where the number of years of teaching service in the areas of certification is equal, the date of employment shall be the determining factor. Where the number of years of teaching service in the areas of certification is equal and the dates of employment are the same, qualification, experience and credentials will be the determining factor in the evaluative judgment to be made by the Superintendent. Any teacher who terminates his/her employment with the Providence School Department shall thereafter upon their return to service with the School Department not be credited, for seniority purposes only, with any years of teaching service prior to said termination.

"Half Day" as used in this Agreement is defined as follows:

Elementary schools with the teacher work day defined as 9:00 a.m. - 3:00 p.m. the half day will be from
9:00 a.m. - 12 noon or from 12 noon - 3:00 p.m.

Elementary schools with the teacher work day defined as 8:00 a.m. - 2:00 p.m. the half day will be from
8:00 a.m. - 11:00 a.m. or from 11:00 a.m. - 2:00 p.m.

Elementary schools with the teacher work day defined as 8:30 a.m. - 2:30 p.m. the half day will be from
8:30 a.m. - 11:30 a.m. or from 11:30 a.m. - 2:30 p.m.

Middle schools with the teacher work day defined as 8:00 a.m. 2.30 p.m. the half day will be from
8:00 a.m. - 11:15 a.m. or from 11:15 a.m. - 2:30 p.m.

High schools with the teacher work day defined as 8:15 a.m. - 2:45 p.m. the half day will be from
8:15 a.m. - 11:30 a.m. or from 11:30 a.m. to 2:45 p.m.

A full school day will be charged as an absence if a teacher reports for work but leaves school prior to completing a half school day.

A half school day will be charged as an absence if a teacher reports for work but leaves school after completing at least a half school day.

ARTICLE 3
SALARY AND RATES OF PAY

3-1 The salaries of all teachers covered by this Agreement are set forth in Appendix A which is attached hereto and made a part of this Agreement.

3-2 Compensation for the following additional duties/responsibilities performed by teachers is set forth in Appendix B and made part of this Agreement.

a) travel for teachers duly authorized to use their own vehicles. (B-1)

b) extra-curricular activities. (B-2)

c) school psychologists, teachers of special education, ESL teachers, bilingual teachers, department heads in high schools, head counselors of guidance in middle schools, vocational department heads, department chairpersons in high schools and middle schools, athletic directors, coaches, all city band directors, school treasurers and advisors. (B-3, B-5, B-6, B-7, B-9)

d) work beyond the school year and school day. (B-4)

e) Federal, Summer, Before and After School, Evening School and In-Service programs. (B-8)

f) assisting at athletic events. (B-10)

g) teacher in-charge. (B-11)

3-3 All teachers on the salary schedule shall be paid on a pro-rated bi-weekly basis every second Friday with the first payroll check to be given to teachers on the second Friday after the teacher work year begins, and continue for a total of twenty-six bi-weekly pay periods. Teachers shall have the option to continue to have their check forwarded to banks which participate in a payroll program provided written authorization is given to the School Department by the teachers. This authorization shall remain in full force and effect until this authorization is revoked by the teacher in writing.
In order to insure that the number of payroll checks payable to teachers in each calendar year will be as equal as possible, the last payroll check due in December under this section shall be dated and payable to teachers the first school day in January of the subsequent calendar year, or the first payroll check due in January under this section shall be dated and payable to teachers the last school day in December of the prior calendar year.

ARTICLE 4
SICK LEAVE

4-1 Full-Pay Sick Leave
All regularly appointed teachers shall earn full-pay sick leave as follows: Each teacher shall be credited with twenty (20) full-pay sick leave days at the start of each work year and any unused portion thereof shall be added to his/her accumulated balance. However, teachers in the first three (3) years of service shall earn full-pay sick leave at the rate of ten (10) days per year, to be credited to the teachers sick leave reserve at the beginning of each of the work years, and shall receive at the beginning of the fourth year of service an additional credit of up to thirty (30) days which shall be added to their accumulated sick leave reserve.

Teachers beginning their employment at a time other than the start of the work year shall receive and be credited with the full number of pro-rated days at full pay and any unused portion thereof shall be added to his/her accumulated balance.

4-1.1 In each case of absence for illness in excess of four (4) consecutive work days a member of the bargaining unit shall file with the Superintendent or other designated personnel a certificate from a physician certifying that said illness prevented him/her from performing his/her duties. The board shall reserve for itself the right to require medical examination by its own physician.

4-2 Half-Pay Sick Leave
Teachers hired prior to the ratification of this Agreement shall have any accrued and unused half-pay sick leave days that they have accumulated converted to full pay days at the rate of one (1) full pay day for every two (2) accrued and unused half-pay days. These converted half pay days will be placed in a "special reserve bank". Effective the first work day of the 2002-2003 school year, access to the "special reserve bank" will be available only after an active teacher exhausts his/her days of sick leave allowance at full-pay. No teacher shall be entitled to use or receive any new or additional half-pay sick leave days upon ratification of this Agreement by the Providence City Council.

Teachers who do not wish to convert accrued and unused half pay sick leave days as indicated above may choose to be paid for said accrued and unused half pay sick leave days upon retirement in an amount equal to 10% of the teacher's daily rate for the 2001-2002 teacher work year as indicated in Appendix A of this Agreement.

In order for a teacher to be eligible for the above payout he/she must have been employed for at least ten (10) years with the Providence School Department and must apply for pension benefits no more than ninety (90) days after completion of his/her teaching service in the Providence School System.

Upon ratification of this Agreement by the Providence City Council, teachers shall be afforded the one-time opportunity to either elect to convert accrued and unused half-pay days as described above or choose to be paid for said accrued and unused half pay sick leave days upon retirement.

4-2.3 The annual increment of such teacher who has been absent due to illness for 135 or more days in his/her work year shall be withheld until such time as the teacher serves at least 135 days in his/her work year.

4-3 Accumulated Sick Leave Balances
All regularly appointed teachers shall have full days sick leave as provided in section 4-1 hereinabove added to any accumulated balance now held by the teacher, except that no teacher shall accrue more than one hundred fifty (150) full-pay sick leave days.

4-4 Sick Leave Reserve
Teachers on sick leave shall have charged against their accumulated sick leave reserve only those days of absence that occur while work is in session. Information on a teacher's accumulated sick leave shall be furnished to each school at the beginning of the work year and shall be made available to each teacher upon his/her request.

4-5 A teacher who improperly utilizes sick leave may be disciplined for just cause. Prior to implementing any discipline, the Board shall conduct a fair and objective investigation of any allegedly improperly utilized sick leave, and provide to the teacher all evidence and documents pertaining to said investigation within a reasonable time prior to any hearing.

Warnings and discipline for improper utilization of sick leave will be applied equitably, fairly, impartially, and without discrimination.

Any discipline under this section will be reasonable and related to the seriousness of the matter and to the past record and conduct of the teacher.

Nothing herein shall be construed as denying the teacher the right to file a grievance pursuant to the terms and provisions of Article 15 of this Agreement.

4-6 The provisions of this Article shall be available to a teacher because of disabilities caused or contributed to by pregnancy, miscarriage, legal abortion, childbirth, and recovery therefrom.

4-7 Any teacher who exhausts the benefits provided in this Article and who is able to perform his or her duties shall return to work, shall exercise rights under this Contract or shall be terminated.

4-8 Any teacher who utilizes no more than five (5) sick days during a work year (including both sick leave reserve and emergency sick leave) shall receive upon request a separate check no later than thirty (30) days after the last day of that work year equal to no more than five (5) days pay. All unused sick leave (minus the five (5) days pay) shall be credited to the teacher's sick leave bank.

4-9 The parties agree to establish an Emergency Sick Leave Bank to which all eligible members of the bargaining unit shall have access. The Emergency Sick Leave Bank is intended to provide eligible teachers with additional paid sick time when said eligible teacher's accrued time (full pay sick leave, special reserve bank) has been exhausted.

To be eligible to use Emergency Sick Leave Bank time:

a) The teacher must have a documented illness or injury that is expected/anticipated to exhaust the teacher's accrued time (full pay and special reserve bank);

b) The teacher must have contributed at least five (5) full pay sick leave days to the Bank, which days shall not be refunded to the teacher once assigned to the Bank;

c) The teacher must present a physician's note certifying the illness/injury, the amount of time anticipated to be absent, the prognosis and/or treatment and the teacher's anticipated date of return;

d) Emergency Sick Leave Bank time may only be used for a teacher's personal illness or injury. Such time may not be used to attend to the illness of a family member or extend a teacher's leave of absence that is not due to personal illness;

e) A teacher who is receiving Workers' Compensation benefits pursuant to the Rhode Island Workers' Compensation Act, or benefits pursuant to the Rhode Island Temporary Disability Act, shall not be eligible to apply for or receive Emergency Sick Leave Bank time to supplement that compensation;

f) All requests for use of Emergency Sick Leave Bank time shall be made in writing at least thirty (30) days prior to the date when the time will be used, or at least fifteen (15) days prior to the eligible teacher beginning use of his/her own accrued paid leave time due to an illness or injury, whichever is sooner, unless that absence is unforeseen and/or an emergency, in which case application shall be made as soon as practical after the teacher learns of the need for Emergency Sick Leave Bank time.

The Emergency Sick Leave Bank shall be administered by a Committee established jointly by the Providence School Board and the Providence Teachers Union. The Superintendent shall select two individuals and the Teachers Union President shall select three individuals to serve as members of the Committee. The Superintendent and the Teachers Union President shall be ex officio members of the Committee and shall have all rights and powers granted to all members of the Committee.

All requests to use time from the Bank shall be in writing and shall be reviewed by the Committee. The Committee shall notify the teacher of approval or denial by mailing said notification, certified mail return receipt requested, to the teacher's home address. Any decision(s) of the Committee regarding use, access, application and any other process or procedure concerning the Emergency Sick Leave Bank shall be final and binding upon the Providence School Board and the Providence Teachers Union and shall not be subject to the contractual grievance procedure or any other administrative remedy.

It shall be the Committee's responsibility to manage the Emergency Sick Leave Bank and, among other things, determine the appropriate level of accumulated days necessary to remain in the bank in order for the Bank to be viable. Should the accumulation of days in the bank fall below a minimum level that the Committee deems necessary to effectively administer the Bank, the Committee may request Bank members to make an additional contribution. Where an additional contribution is requested, each member of the Bank wishing to retain membership shall assign the required number as determined by the Committee. Where a member of the bank wishes to retain membership, but has exhausted his/her full pay sick leave and is unable to make the necessary required contribution, said member shall assign an equivalent amount of full pay sick leave as of the date on which said member next accrues sick leave in a sufficient quantity to make the donation.

Membership in the Emergency Sick Leave Bank shall be pursuant to rules drafted by the Committee. New members may join the Emergency Sick Leave Bank each year, at times designated by the Committee, by assigning no less than five (5) full pay sick leave accumulated days to the Bank. Current members of the Bank may make additional contributions to the Bank during periods designated by the Committee.

Eligible teachers requesting to use time from the Bank may make an initial request of no more than sixty (60) days. Extensions of use of Emergency Sick Leave Bank time may be made to the Committee. Any extension request must be documented pursuant to rules as designated by the Committee.

Forms for teachers to donate time to the Emergency Sick Leave Bank and to make application to use Emergency Sick Leave Bank time shall be determined by the Committee and shall be available at the Department of Human Resources and the office of the Providence Teachers Union.

ARTICLE 5
LEAVES OF ABSENCE

Effective upon the ratification of this Agreement the following Article 5 Leave of Absence provisions will be applicable.

5-1 Full-Pay Leaves
The Superintendent shall grant leaves to teachers at full pay within a work year as follows:

5-1.1 For his/her own wedding - two (2) days. These days are limited to those school days immediately preceding, during or following the day of the wedding.

5-1.2 For religious observance - three (3) days.
5-1.3 For a teacher selected by the Union to serve as a delegate to a meeting of the AFL-CIO or any of its affiliates - not to exceed five (5) days per year.

5-1.4 For personal business - two (2) days. As to the number of personal leaves allowed on each day of the last week of the school year, on the last regularly scheduled school day before and the first regularly scheduled school day after the Christmas, Mid-Winter and Spring recesses, and the last regularly scheduled school day before and the first regularly scheduled school day after those holidays contained in the school calendar (Appendix D), there shall be no more than thirty-five (35) teachers out who shall utilize this provision on a first come first serve basis, but this number may be exceeded during the aforementioned times at the discretion of the Superintendent for extenuating circumstances and approval of said request shall not be unreasonably withheld.

5-1.5 Notwithstanding 5-1.4 the Superintendent may grant an additional three (3) days for personal business at the request of the teacher and each request shall receive individual consideration by the Superintendent and approval of a leave request shall not be unreasonably withheld.

5-1.6 For purposes connected with the welfare of the school and/or community - not to exceed two (2) days.

5-1.7 For visiting schools - one half day (.5) in each term or one (1) full day per year.

5-2 Half-Pay Leaves
The Superintendent may grant leave to teachers at half pay up to a maximum of five (5) days per work year and approval of said request shall not be unreasonably withheld.

5-3 Bereavement Leaves
A teacher may be absent for five (5) consecutive school days without loss of pay in the case of the death of a father, mother, brother, sister, husband, wife or child regardless of where the deceased resided, or any other person with whom the teacher may then be living; and

FURTHER, such teacher may be absent for three (3) consecutive school days without loss of pay due to the death of his/her own grandparent, father-in-law, mother-in-law, spouse's brother or sister, spouse's grandparent who had been residing with teacher, son-in-law, daughter-in-law, or grandchild; and

FURTHER, such teacher may be absent three (3) consecutive school days without loss of pay in the case of the death of a person who had not been residing in the residence of the teacher providing said teacher is solely responsible for all funeral arrangements of the deceased; and

FURTHER, such teacher may be absent for one (1) school day without loss of pay due to the death of a teacher's uncle, aunt, first cousin, niece, nephew, brother-in-law, sister-in-law, or spouse's uncle, aunt, first cousin, niece, nephew, grandparent, brother-in-law or sister-in-law; and

FURTHER, the Office of Human Resources shall notify the Union Office by telephone when a teacher or school administrator commences bereavement leave or upon the death of a teacher or administrator.

5-4 Sabbatical Leave
The Superintendent may grant a sabbatical leave of absence for study or independent research for one (1) year at half pay or for one-half year at half pay whenever school is in session to any regularly appointed teacher who has completed seven (7) consecutive years of service in the Providence School Department. The teacher shall have the option of selecting the period of leave. Approval of a request shall not be unreasonably withheld.

Requests for sabbatical leave for a full year or for a half year commencing at the beginning of the first semester shall be submitted to the Superintendent or his/her designated representative on or before May 31 in the school year preceding the school year for which the request is made. The Superintendent shall render a decision regarding such request as soon as possible after receipt but in no case will the decision be made later than the last day of the school year.

Request for sabbatical leave for a full year or a half year commencing at the beginning of the second semester shall be submitted to the Superintendent or his/her designated representative no later than December 1 of the school year for which the leave is requested. The Superintendent shall render a decision regarding such request as soon as possible after receipt but in no case will the decision be made later than January 1 of the school year for which the leave is requested.

When a teacher has received a sabbatical leave, further eligibility shall not commence until seven (7) more consecutive years of service are completed in the Providence School Department. Absences totaling more than ninety (90) school days within a teacher's school year shall be considered as breaking the continuity of seven (7) consecutive years. A teacher's school year shall be that period between his/her annual increments. Any teaching activities connected with a scholastic fellowship or grant shall not be considered as employment.

FURTHER, a teacher requesting such leave must undertake a program of studies approved by the Superintendent carrying no less than twelve (12) classroom credits per semester unless the writing of a thesis is involved or the proposed study is towards a doctorate. Where the writing of a thesis or a doctoral study is involved, the Superintendent shall be empowered to approve a program of studies of less than twelve (12) classroom credits, but the combined credits for classroom work and the writing of a thesis should total twelve (12) credits.

FURTHER, a teacher requesting such leave for independent research shall be required to submit a synopsis indicating that the leave will be beneficial to the school system and/or the community.

FURTHER, a teacher who receives a leave with pay must agree to return to the Providence School Department at the expiration of his/her leave and remain for a period of not less than two (2) years. Any teacher who decides to resign and thereby fails to serve for the two (2) full years following his/her leave must refund one-twentieth (1/20) of the salary received while on leave for each month he/she failed to serve short of twenty (20) months.

FURTHER, study leave granted under this section shall establish service credit as outlined in Section 5-5.

FURTHER, the number of teachers on sabbatical leave in any one (1) school year shall be up to one (1) percent of the members of the bargaining unit, unless there is less than this percentage of applicants for such leave. The Superintendent shall have the power to approve or disapprove the sabbatical recipients under this section.

5-5 Service Credit for Leave With Pay
5-5.1 Each teacher granted leave with pay shall, upon his/her return, be entitled to service credit for seniority, longevity, retirement, appropriate placement on the salary schedule and increments due him/her in accordance with the length of the leave granted.

5-5.2 Teachers on such leave shall have regular monthly State Retirement contributions deducted by the Board as required by law, based upon earnable salary as a teacher for the period of such leave.

5-5.3 Teachers on such leave shall be provided benefits as outlined in Appendix C and Appendix E.

5-5.4 Teachers on such leave shall have social security contributions continued.

5-6 Leave Without Pay
The Superintendent shall, upon request, grant a leave of absence to a teacher who has completed three (3) years of continuous service in the Providence Public Schools as follows:

5-6.1 For personal reasons, for no less than one (1) semester and no more than one (1) year, except the Superintendent may approve a leave without pay for less than one semester or for more than one semester but less than one year due to extenuating circumstances and approval of said request shall not be unreasonably withheld.

5-7 Leave for Union Service
Teachers not in excess of four (4) who are officers of the Union or who are appointed to its staff may seek and shall be granted leaves of absence up to one (1) year, respectively, without pay for the purpose of performing legitimate duties for the Union. The President of the Union shall have a morning teaching program equivalent to three-fifths (3/5) of a regular teacher's program and shall be relieved of all non-teaching duties without loss of pay and with full service credit as outlined in Section 5-5 for the purpose of conducting labor-management activities. A substitute teacher will be provided whenever the Union President is not present during the school day.

5-8 Military Leave
5-8.1 The Superintendent, upon prior notification, shall grant a leave for military service without pay for the duration of compulsory service or for the period of one (1) regular enlistment. Upon termination of such military service the teacher shall be entitled to service credit as outlined in Section 5-5.

5-8.2 Each teacher shall be granted twenty (20) days leave at full pay for compulsory Reserve or National Guard active military service during the school year, less any amount received for such service. Such leave shall establish service credit as outlined in Section 5-5.

5-9 Government Tests
Each teacher shall be granted his/her regular salary, without loss of pay, when required to be in attendance for a selective service examination, physical examination, or other test required by the United States Government when not seeking employment.

5-10 Court Service
When any regular teacher is summoned to court in connection with public school affairs or in connection with cases in which the personal interests of that teacher are not involved, said teacher shall receive his/her regular school salary; however, he/she shall be required to remit fees received for court service to the School Department within ten (10) days of receipt of said fees. Such leave shall establish service credit as established in Section 5-5.

5-11 Quarantine
There shall be no loss of salary or sick leave allowance when a teacher is quarantined by order of the Health Department. Such leave shall establish service credit as established in Section 5-5.

5-12 Parental/Adoptive Leave
A teacher who elects to use the provisions of Article 4 of this Agreement entitled "Sick Leave" for temporary disability due to pregnancy or adoption shall not have the right to avail herself of the provisions of this Section. Notice of said election shall be made in writing no later than thirty (30) days prior to the commencement of the leave except for extenuating circumstances.

The Superintendent shall grant a maternity leave of absence or a leave of absence in the case of any adoption to a member of the bargaining unit.

Written notice must be given to the Superintendent by a reasonable time but not less than thirty (30) days prior to commencement of the leave. Extenuating medical circumstances will obviate the notice of leave. The leave of absence shall extend for at least one (1) year from the beginning of said leave. A request for a shorter leave shall be according to the request of the teacher with proper medical certification that the teacher is able to return to employment. A teacher declaring her intention to resume her regular teaching duties when she is physically able to do so as certified by a physician shall be allowed to return to her former position. A written request for return from leave must be received by the Superintendent no less than thirty (30) days before the expiration of the leave.

The Superintendent may extend the leave another year for other reasons beyond the one (1) year period. Any such extension shall be by written permission. However, the total period of leave shall not exceed two (2) years. Any absence beyond two (2) consecutive years shall be deemed a resignation.

At the expiration of a leave, the teacher shall be reinstated with all rights and benefits accorded to a teacher on a no-pay leave. A teacher on leave shall have the option to retain her Comprehensive Medical Coverage and riders as outlined in Appendix C and Delta Dental coverage as contained in Appendix E. Teachers electing the option shall reimburse the Providence School Department on a monthly basis for the premiums at the Providence Teachers' group rate.

5-13 Teacher Placement Following Leave
5-13.1 A teacher granted a leave of absence with pay for one (1) year or less or a teacher on sick leave who has not exhausted his/her sick leave benefits shall not relinquish his/her right to the specific assignment held at the time that his/her leave was granted. A teacher hired or reassigned to replace such a teacher on leave with pay or on sick leave shall be notified upon his/her appointment or placement or both that he/she may be required to relinquish this position when said teacher returns to the Providence School System.

5-13.2 A teacher granted a leave of absence without pay shall be reinstated at the termination of his/her leave. Such teacher shall be given preference to the specific assignment he/she held at the time his/her leave was granted, if available. In no case shall any substitute teacher replacement be retained for such specific assignment.

5-14 Delegation of Authority
All requests for leaves under 5-1 and 5-2 shall be transmitted to the Superintendent or his/her designee no later than ten (10) school days prior to anticipated absence, except for extenuating circumstances. All requests for leaves under 5-3 shall be transmitted to the Superintendent or his/her designee as soon as reasonably possible. All other requests for leaves must be transmitted no later than thirty (30) days prior to the anticipated absence except for extenuating circumstances. Simultaneously, a copy of each request for long-term leave shall be furnished to the appropriate superior of the teacher. The Superintendent or his/her designee shall act on all matters pertaining to such leaves.

5-15 All leaves shall commence on the first full day of absence.

5-16 A teacher on leave may be hired as a substitute upon his/her request. Such substitute service shall not constitute a termination of leave.

ARTICLE 6
JOB CONNECTED INJURY AND ASSAULT AND/OR BATTERY

6-1 Job Connected Injury
Members of the bargaining unit covered under Article 1 shall receive up to ninety (90) days non-cumulative full pay leave for each injury sustained by the teacher arising out of and in the course of his/her employment provided that there is no negligence on the part of the injured teacher and that the school department is notified in writing as soon as possible but no later than five (5) days from the date of the alleged injury unless the extent of the injury prevents such notification. Such notification shall include the date of the alleged injury and all circumstances in connection therewith.

Entitlement to such full pay leave shall be determined according to evidence presented by persons in a position to testify as to the circumstances and nature of the injury sustained.

The Board shall have the right to a require medical examination by its own physician of any teacher who is absent due to a claimed work related injury. If said examination is scheduled during a time while the teacher is working, the teacher shall incur no loss of salary in attending the examination.

Teachers who have exhausted the full-pay leave provided in this section may then use their full-pay sick leave credited to their sick leave reserves.

If the circumstances warrant, the Superintendent, subject to the approval of the Board, may grant additional full-pay leave days.

If a teacher continues to be unable to perform his/her regular duties after he/she has exhausted his/her non-accumulated ninety (90) full-pay leave days as provided herein, said teacher should he/she continue to be unable to perform his/her regular duties shall have the option to utilize his/her accumulated full-pay sick leave reserve days he/she is entitled under Article 4 entitled "Sick Leave" or elect to take Workers' Compensation, if qualified.

If the teacher elects to utilize his/her accumulated full-pay sick leave reserve days and exhausts said days, the teacher if he/she continues to be unable to perform his/her regular duties may elect Workers' Compensation, if eligible.

In no event shall any teacher who is receiving workers compensation benefits and/or OJI benefits receive such weekly benefits in an amount that exceeds his/her weekly gross salary.

6-2 Assault and/or Battery
A member of the bargaining unit shall be granted full-pay leave, without loss of pay, for absences caused by injuries resulting from an assault and/or battery sustained by a teacher arising out of and in the course of his/her employment provided that the Superintendent is notified in writing as soon as possible but not later than three (3) days from the date of the alleged assault and/or battery unless the extent of the resulting injury prevents such notification. It is the intent of the parties to administer this provision in accordance with the terms of R.I.G.L.
9-1-31.
The period of paid leave shall cover such injured teacher for a maximum period of one (1) year from the date of injury; provided, however, that the School Department's contributions shall be reduced by the RI State Retirement allowance and/or Social Security benefits in the case of permanent disability.

The Board shall have the right to require medical examination by its own physician of any such injured teacher. If said examination is scheduled during a time while the teacher is working, the teacher shall incur no loss of salary in attending the examination.

Such leave shall not be charged against the teacher's sick leave.

If the circumstances warrant, the Superintendent, subject to the approval of the Board, may grant additional full-pay leave days.

If a teacher continues to be unable to perform his/her regular duties after he/she has exhausted his/her one (1) year paid leave as provided herein, said teacher should he/she continue to be unable to perform his/her regular duties shall have the option to utilize his/her accumulated full-pay sick leave reserve days he/she is entitled to under Article 4 entitled "Sick Leave" or elect to take Workers' Compensation, if qualified.

If the teacher elects to utilize his/her accumulated full-pay sick leave reserve days and exhausts said days, the teacher if he/she continues to be unable to perform his/her regular duties, may elect Workers' Compensation, if eligible.

In no event shall any teacher who is receiving workers compensation benefits and/or OJI benefits receive such weekly benefits in an amount that exceeds his/her weekly gross salary.

6-3 Expenses
Teachers covered under Sections 6-1 and 6-2 shall be indemnified with respect to all necessary medical expenses as required under the Workers Compensation Act.

6-4 Teachers on leave as outlined in Sections 6-1 and 6-2 shall be entitled to service credit as provided in
Section 5-5.

6-5 Workers' Compensation
Any funds received by a teacher under any On-the-Job Injury Benefits, Assault and/or Battery Benefits and/or sick leave provisions of a collective bargaining agreement and/or School Board policy involving illness, shall be credited as an advance of compensation should said teacher subsequently file a claim for Workers' Compensation for the same period of time for which said teacher has collected On-the-Job Injury, Assault and/or Battery, or sick leave benefits.

For purposes of the within agreement, specific compensation paid pursuant to Rhode Island General Law 28-33-19 shall not be treated as an advance of compensation for which a credit shall be allowed nor shall the within agreement in any way alter or diminish any rights afforded by the Collective Bargaining Agreement by and between the Providence Teachers Union and the Providence School Board and the Workers' Compensation laws of the State of Rhode Island.

ARTICLE 7
EXPENSE OF PRINTING AND DISTRIBUTING AGREEMENT

7-1 The Union and the Board agree to share equally the cost of printing and distributing this Agreement in booklet form, and the Union agrees to distribute a copy of the Agreement to each teacher presently employed by the Board and to each new teacher hired by the Board.

ARTICLE 8
WORKING CONDITIONS

8-1 Class Size
8-1.1 Class size shall not exceed an average of 26 students enrolled on a teacher's classroom register per teaching period each school day provided that no teaching period shall have in excess of 29 students enrolled on the teacher's classroom register during any of the teacher's teaching periods during said school day. The class size maximum stated herein shall be applicable also to teachers who teach students enrolled on another teacher's classroom register.

The only exceptions to the above class size requirement shall be:

1. Large group non-academic instruction, such as band, glee club, and gym, which has been a matter of long-standing past practice and which shall be continued according to said past practice; and

2. Where individual teachers may agree to exceptions; and

3. Special education classes which are governed by law.

8-1.2 Classes with specific student stations, such as shops, typing rooms, laboratories and others, will not exceed
in number of pupils the number of student stations available.

8-1.3 Special Education Teachers
Whenever any Elementary Special Education class to which a student(s) is(are) added as a result of the distribution of students from the class of an absent Elementary Special Education teacher, Article 8-7 shall be in effect. In addition, whenever the class size of the receiving Special Education teacher exceeds the class size maxim mandated by Special Education class size law and/or regulation, the Cenerini Formula in AAA Case No. 1139-0696-85, February 21, 1986, shall be used to calculate the compensation which said teacher shall receive as follows: The rate of pay for said teacher for teaching said additional students shall be computed by multiplying the teacher's daily gross compensation by a fraction in which the denominator is twenty-six (26) and the numerator is the number of children taught in excess of Article 8-1.1 Item 3 of the Collective Bargaining Agreement between the parties.

8-1.4 Art, Music, Library Teachers
Whenever the average class size of an Art, Music and/or Library teacher at the elementary level (K-6) exceeds the maximum set forth in Article 8 due to students from the class of an absent teacher being added to said Art, Music and/or Library teachers' classes, they shall be compensated in accordance with the Cenerini Formula in AAA Case No. 1139-0696-85, February 21, 1986. The rate of pay for said Art, Music and Library teachers for teaching said additional students shall be computed by multiplying the teacher's daily gross compensation by a fraction where the denominator is twenty-six (26) and the numerator is the number of children taught in excess of the class size maximum of Article 8-1.

8-1.5 Class Size Monitoring
In accordance with the recommendation of the Rhode Island Superior Court, which recommendation is presently in full force and effect, one teacher, selected by the Union President, shall monitor class size throughout the school system for the purpose of identifying and assisting the Board in addressing any potential contractual class size violations in order to comply with the Decree of the Superior Court entered September 10, 1986.
Said teacher shall perform this task during his/her unassigned period and shall be compensated in accordance with his/her daily rate divided by five (5) for each unassigned period worked in this capacity.

8-2 Lunch Period

8-2.1 Teachers shall be free to leave the school during their lunch period upon notification to the office.

8-2.2 The following schedules shall be implemented without extending the school day:

Elementary and Middle Schools:

Teachers shall have a thirty (30) minute lunch period free of supervisory and administrative duties.

Senior High Schools:

Teachers shall have a lunch period free of supervisory and administrative duties that shall be no less than currently established, exclusive of passing time, and no more than thirty (30) minutes inclusive of passing time.

8-3 Relief from Non-Teaching Tasks

8-3.1 The parties agree that the responsibility of a teacher is to teach. Paraprofessionals, aides, assistants or helpers employed by the Board must meet minimum educational and in-service training requirements established by the administration, and shall be utilized to relieve teachers of non-teaching tasks. The parties agree to continue the current practice with reference to the collection of money.

8-3.2 Data Processing

The School Board will use technology to enhance the operation of the District and it is committed to continuing and expanding the use of technology throughout the system.

8-3.3 Teachers shall not be required to perform custodial duties, including, but not by way of limitation, emptying trash, dusting erasers, washing boards or dusting equipment in the classroom, or transporting furniture or equipment outside the classroom, or carrying sets of books or bulk supplies outside the classroom or cleaning school property.

8-4 Unassigned Periods
Teachers shall have unassigned periods as follows:

8-4.1 Elementary Schools:
Teachers shall have at least one (1) thirty (30) minute unassigned period per day, except that a teacher may agree to a schedule which contains five (5) unassigned periods per week over four (4) days.

8-4.2 Middle Schools and High Schools:
Teachers shall have one (1) unassigned period per day, except that a teacher may be programmed unassigned periods totaling five (5) unassigned periods per week over four (4) days if scheduling problems make it impossible to provide a teacher with one (1) unassigned period per day.

8-4.3 When another teacher is in charge of a teacher's class, the regular teacher is free to leave the room.

8-4.4 Teachers are free to leave the building during their unassigned periods upon notification to the office.

8-4.5 Teachers who are elected members of the Rhode Island General Assembly shall have their unassigned periods scheduled during the last period(s) of the school day and shall be allowed to attend the General Assembly sessions during said unassigned time.

8-4.6 In the event that it is necessary to establish one or more additional teaching periods in a department certification area in a school an exception will be made to Article 8-7 and Article 13-1.3 provided that:

1. No later than March 1 teachers shall be provided with a list of all courses to be offered to students for the next school year. Teachers shall indicate on their programming preference sheets that are returned by March 15 of each year whether they wish to teach during their unassigned period during the subsequent school year; and

2. On a rotating basis beginning with the most senior teacher in the system-wide area of certification seniority in the department certification area in the school who has indicated on his/her preference sheet that he/she wishes to teach during his/her unassigned period shall be given the teaching assignment; and

3. No teacher assigned a teaching period during his/her unassigned period shall again be assigned to teach during his/her unassigned period until all of the teachers in the department certification area have taught at least one (1) full semester of a school year during their unassigned periods unless a teacher(s) refuses the opportunity to do so in writing; and a record shall be kept showing same; and

4. A teacher assigned to teach during his/her unassigned period shall be paid additional monies at the rate of one-fifth (1/5) of his/her daily rate for each day he/she is programmed to teach during his/her unassigned period and shall receive said additional monies when he/she is on paid leave, except for sabbatical leave under Article 5, Section 4, which occurs only on those days he/she is programmed to teach during his/her unassigned period; and

5. No teacher teaching during his/her unassigned period shall receive more than one (1) year of system-wide area of certification seniority (SWACS) in any school year pursuant to Article 2; and

6. No part-time teacher is available.

7. The Union is notified of each 6th period assignment prior to the start of each assignment.

8-5 Length of the School Year and Day

8-5.1 The 2004/2005 school year shall be 182 days.

The 2004/2005 teacher work year shall be 186 days. There shall be one (1) day of teacher orientation which shall be the day preceding the opening of school. There shall be three (3) days to be used for staff development.

Effective the 2004/2005 school year, teachers shall be paid at a daily rate of 1/186 of their salary as set forth in Appendix A.

For 230 day teachers, attendance at the three (3) days of professional development is voluntary.

8-5.2 The 2005/2006, and 2006/2007 school years shall be 180 days respectively.

The 2005/2006 and 2006/2007 teacher work year shall be 181 days respectively. There shall be one (1) day of teacher orientation which shall be the day preceding the opening of school.

Effective the 2005/2006 and 2006/2007 school years, teachers shall be paid at a daily rate of 1/181 of their salary as set forth in Appendix A.

8-5.3 2004/2005 WORK DAY DEFINED (TEACHERS)

Elementary Schools - 9:00 a.m. to 3:00 p.m.
Asa Messer Asa Messer Annex
Broad Street Harry Kizirian
Carl G. Lauro (8:00 - 2:00) Edmund W. Flynn
Edmund W. Flynn Annex Charlotte Woods
Cornel Young Jr. Robert Bailey
Fortes (8:00 - 2:00) Vartan Gregorian
George J. West Laurel Hill Avenue
Laurel Hill Annex Lima (8:00 - 2:00)
Martin Luther King Windmill Street Annex
Mary E. Fogarty Pleasant View (8:30 - 2:30)
Reservoir Avenue Robert F. Kennedy
Sackett Street Carnevale
Veazie Street West Broadway
Webster Avenue William D'Abate
Windmill Street Fortes/Lima Annex (8:00-2:00)

Middle Schools - 8:00 a.m. to 2:30 p.m.
Esek Hopkins Oliver Hazard Perry
Roger Williams Samuel W. Bridgham
Springfield Gilbert Stuart
Times2 Nathan Bishop
Nathanael Greene DelSesto

Senior High Schools - 8:15 a.m. - 2:45 p.m.
Mt. Pleasant Central/Hanley
Classical Hope
Occupational Ed Program Chamber
Birch Vocational Program ALP
Feinstein E Cube Academy
PAIS
Health & Science Technology Academy
8-5.4 2004/2005 SCHOOL DAY DEFINED (STUDENTS)

Elementary Schools - 9:05 a.m. to 2:50 p.m.
Asa Messer Asa Messer Annex
Broad Street Harry Kizirian
Carl G. Lauro (8:05 - 1:50) Edmund W. Flynn
Edmund W. Flynn Annex Charlotte Woods
Cornel Young Jr. Robert Bailey
Fortes (8:05 - 1:50) Vartan Gregorian
George J. West Laurel Hill Avenue
Laurel Hill Annex Lima (8:05 - 1:50)
Martin Luther King Windmill Street Annex
Mary E. Fogarty Pleasant View (8:35 - 2:20)
Reservoir Avenue Robert F. Kennedy
Sackett Street Carnevale
Veazie Street West Broadway
Webster Avenue William D'Abate
Windmill Street Fortes/Lima Annex (8:05 - 1:50)

Middle Schools - 8:05 a.m. to 2:25 p.m.
Esek Hopkins Oliver Hazard Perry
Roger Williams Samuel W. Bridgham
Springfield Gilbert Stuart
Times2 Nathan Bishop
Nathanael Greene DelSesto

Senior High Schools - 8:20 a.m. - 2:40 p.m.
Mt. Pleasant Central/Hanley
Classical Hope
Feinstein Occupational Ed. Program
Birch Vocational Program ALP
Chamber E Cube Academy
PAIS
Health & Science Technology Academy

8-5.5 Effective the first day of the 2005/2006 school year, the student day and the teacher work day at the elementary level shall be extended by 15 minutes. The 15 minute extension shall be added to the end of the student day as well as to the end of the teacher work day.

8-5.6 Effective the first day of the 2005/2006 school year, the student day and the teacher work day at the middle school and high school levels shall be extended by 10 minutes. The ten minute extension shall be added to the end of the student day as well as to the end of the teacher work day.

8-6 Hiring of Teachers
The Board agrees that it shall employ only those applicants who have earned a minimum of a Bachelor's Degree and have met certification requirements for at least a Provisional Certificate to the extent available and possible. The School Department shall furnish to the Union the names of all personnel holding an emergency certificate and this listing shall remain current.

8-6.1 The Board shall employ long-term substitutes in-pool in such numbers as are needed based upon the average number of absences requiring substitute coverage during the previous academic year.

The Board shall provide long-term substitutes in-pool with the following provisions of the Collective Bargaining Agreement:

Article 1 Union Recognition and Jurisdiction
(Long-term substitutes in-pool shall be considered as members of the bargaining unit)
Article 2 Definitions
Article 3 Salary and Rates of Pay
Article 6 Job Connected Injury and Assault and/or Battery
Article 8 Working Conditions except for 8-4.5
Article 9 Discipline Code
Article 10 Teacher Facilities
Article 14 Teacher Meetings
Article 15 Grievance Procedure
Article 16 Union Privileges, Responsibilities, and Activities
Article 17 Savings Clause
Article 18 Management Rights
Article 19 Past Practice
Article 20 Duration

Appendix A, Sections:
A-1 Teachers Basic Salary Schedule
A-2 Professional Advancement Schedule
A-3 Longevity Schedule

Appendix B, Sections:
B-1 Travel Allowance
B-4 Additional Days Worked
B-5 School Psychologists
B-6 Special Education Teachers
B-7 ESL/Bilingual Teachers

Appendix C, (where applicable)

No other rights or benefits of the Collective Bargaining Agreement shall pertain to a long-term substitute in-pool until such time as such long-term substitute teacher in-pool has worked 135 school days during a school year at which time he/she shall be provided any and all rights and benefits under the Collective Bargaining Agreement between the Union and the Board including, but not limited to the following:

Article 4 Sick Leave
Article 5 Leaves of Absence
Article 15 Teacher Programs
All applicable Appendices

8-6.2 The Board shall employ long- term substitute teachers in such numbers as are needed based upon the number of positions which require a substitute teacher for a semester.

In addition, when a per-diem substitute teacher or a long- term substitute teacher in-pool work an excess of 68 days in one semester for the same absent teacher, or works a total of 135 days in a school year, said per-diem substitute teacher or long-term substitute teacher in-pool shall become a long-term substitute.

The Board shall provide long-term substitute teachers with the following provisions of the Collective Bargaining Agreement:

Article 1 Union Recognition and Jurisdiction
Article 2 Definitions
Article 3 Salary and Rates of Pay
Article 4 Sick Leave
Article 5 Leaves of Absence
Article 6 Job Connected Injury and Assault and/or Battery
Article 8 Working Conditions except for 8-4.5
Article 9 Discipline Code
Article 10 Teacher Facilities
Article 11 Posted Positions
Article 13 Teacher Programs
Article 14 Teacher Meetings
Article 15 Grievance Procedure
Article 16 Union Privileges, Responsibilities, and Activities
Article 17 Savings Clause
Article 18 Management Rights
Article 19 Past Practice
Article 20 Duration

Appendix A, Sections:
A-1 Teachers Basic Salary Schedule
A-2 Professional Advancement Schedule
A-2.1 National Board Certification
A-3 Longevity Schedule

Appendix B, Sections:
B-1 Travel Allowance
B-4 Additional Days Worked
B-5 School Psychologists
B-6 Special Education Teachers
B-7 ESL/Bilingual Teachers
Appendix C Comprehensive Medical Coverage
Appendix D School Calendar
Appendix E Delta Dental Coverage

8-6.3 When there exists a need to hire an LTS or a regular teacher, candidates to be interviewed shall be selected by the Director of Human Resources from the list of teachers serving as Long-Term Substitutes in-Pool and Long-Term Substitutes as well as candidates from outside the school system.

8-6.4 Any teacher employed in at least a three-fifths (3/5) part-time teaching position, inclusive of travel time, shall be afforded any and all of the benefits and rights of full-time teachers excepting that the salary shall be pro-rated.

8-7 Substitute Teachers
It is the intent of the Parties to allow the Board full flexibility in the hiring of substitute teachers.

In every instance of a teacher absence, in every instance where a vacancy exists and in every instance when a teacher is away from his/her assignment (i.e. attending a workshop, professional development session, committee meeting, etc.) the Board shall employ a substitute teacher.

Substitute teachers shall be offered substitute teaching assignments in accordance with the following priority order:


1. Certification match (i.e. Social Studies certified substitute teacher assigned to cover the classes of an absent Social Studies teacher).

2. Level match (i.e. secondary certified substitute teacher assigned to cover the class of an absent secondary teacher).

3. Teacher match (i.e. any certified substitute teacher assigned to cover the class of an absent teacher).


The Board shall employ, as a minimum, that number of LTS and LTSP equal to the average number of LTS and LTSP needed on a daily basis during the preceding year.

The number of LTS and LTSP needed on a daily basis shall be determined by the parties no later than June 1st of each year.
Any teacher whose name appears on any Recall Seniority List prior to September 1, 1995 shall not waive his/her recall seniority rights to be recalled as a per-diem substitute teacher, long-term substitute teacher, long-term substitute teacher in-pool or as a probationary/regular teacher when said position(s) become available.

Any teacher hired on September 1, 1995, or thereafter, as a per diem substitute teacher, long-term substitute teacher or long-term substitute teacher in-pool whose name does not appear on the 1994-95 Recall Seniority List or any previous Recall Seniority List shall be eligible to serve as a per-diem substitute teacher, long-term substitute teacher or long-term substitute teacher in-pool and be eligible for all the rights and privileges of said teaching positions(s) except that said teacher shall not be eligible for placement on any Recall Seniority List unless said teacher receives a layoff notice as a probationary regular teacher.

Any teacher whose name appears on a Recall Seniority list shall be hired in seniority order as a LTS or LTSP prior to any teacher not on a Recall Seniority list.

Should the number of LTS and LTSP needed on a daily basis be insufficient to cover the classes of teachers absent or away from their assignment, the priority order of assigning additional substitute teachers is as follows:

A. In seniority order, a teacher whose name appears on a Recall Seniority list and who has not been recalled as an R, LTS or LTSP. Said teacher shall be compensated at the teacher's daily rate.

B. A per-diem substitute teacher. The Board shall determine the compensation
provided to a per-diem substitute teacher and it shall not be a condition addressed by this Collective Bargaining Agreement.

The Superintendent of Schools and/or his/her designee and the Union President and/or his/her designee shall meet on a monthly basis to review all data pertinent to compliance with Article 8-7.

8-7.1 The Board will determine the compensation provided to per-diem substitute teachers and it shall not be a condition addressed by this Collective Bargaining Agreement.

8-7.2 In-School Coverage
If the Board has made every effort to hire a substitute teacher and no substitute teacher is available, the following shall occur:

Elementary Schools
If the Board has made every effort to hire a substitute teacher, and no substitute teacher is available, students shall be distributed among other teachers in the school. The Board shall pay each teacher who is assigned a student(s) at the rate of a teacher at step one (1) of the salary scale as listed in Appendix A divided by the fractional part of the class covered.

Middle Schools and Senior High Schools
If the Board has made every effort to hire a substitute teacher and no substitute teacher is available, the principal shall utilize teachers in his/her school according to the following procedure:

The principal of each school shall establish during the first week of school a roster of substitute teachers who volunteer their unassigned time to cover the assignments of absent teachers. Rosters of volunteer substitute teachers shall be established by area of certification. Additionally, a school-wide roster of volunteer substitute teachers shall be established.

All rosters of volunteer substitute teachers shall list, by unassigned time, the names of volunteer substitute teachers in alphabetical order. Teachers who volunteer to have their names added to the rosters of volunteer substitute teachers after the first week of school shall have their names placed alphabetically on the rosters beginning at the end of the original list.

All teachers listed on the rosters of volunteer substitute teachers shall be obligated to accept assignments of the principal during the school year.

When a principal assigns teachers from the rosters of volunteer substitute teachers, he/she shall make assignments first from the roster of volunteer substitute teachers with the same area of certification as the absent teacher. If there are insufficient names on the roster of volunteer substitute teachers in the area of certification, the principal shall then assign teachers from the school-wide roster of volunteer substitute teachers.

All assignments from the rosters of volunteer substitute teachers shall be on a rotating basis by alphabetical order. Rosters of volunteer substitute teachers shall be made available to teachers and the Union for inspection upon request.

If for any reason there is an insufficient number of teachers on the rosters of volunteer substitute teachers to cover the assignments of absent teachers, the principal shall utilize teachers in his/her school during their unassigned time for emergency coverage on a rotating basis by alphabetical order.

The number of coverages assigned to each teacher including those who have been absent for five (5) consecutive days or less shall be equal to, or nearly so, to other teachers provided that said make-up coverage necessary to attain said equalization is fairly, reasonably, and equitably assigned by the principal.

Teachers who are absent in excess of five (5) consecutive school days shall be exempted from said make-up coverage for said days of absence and shall be given credit for coverage equal to that which they would have been assigned had they not been absent.

The Board shall not be liable for payment to any teacher who has fewer paid coverages as a result of the application of this section. When a teacher covers an assignment, the teacher covering the assignment shall be paid at the per-diem/per-period rate of a teacher on step one (1) of the salary scale as listed in Appendix A.

8-7.3 Time of Payment
Teachers entitled to paid coverage in elementary schools, middle schools and high schools as stated in this section shall be paid monthly. The principal of each school shall maintain a payroll register available to teachers and the Union for inspection upon request.

8-7.4 In-School Incentive-Coverage Plan
Effective with the first work day of 2002/2003 school year the In-School Incentive Coverage Plan will cease and the provisions of Article 8-7 will be utilized.

8-8 Closing of Schools
When adverse weather conditions prevail which warrant the closing or delayed opening of school(s), the Superintendent or his/her designee shall notify the media by 6:45 a.m.

The Superintendent's first priority shall be to delay the opening of schools, weather and road conditions permitting.

In the event that a particular school experiences problems of an emergency nature, including but not limited to the school's heating system, burst pipe(s), etc., the Superintendent shall make every effort to relocate students and staff to another comparable area or site or shall make every effort to close the school for children and to have the school's faculty report to an alternate site.

8-9 Interdepartmental Communications
No members of the bargaining unit shall be required to transport interdepartmental communications.

8-10 Scholarship Standards

8-10.1 The grade entered into the pupil's record by the teacher represents his/her evaluative judgment. The teacher shall be considered to be expert in evaluating the work of the student and his/her integrity in marking the pupil shall be respected. The grade given by the teacher shall not be changed by another person except as follows:

When there is a complaint regarding a mark given to a student, the principal, if in his/her opinion the complaint warrants it, shall investigate the complaint thoroughly provided that the exact nature of the complaint is clearly written in specific and concise terms, and said statement is signed and dated by the complainant(s) as of the date said complaint was submitted to the principal.

In cases where differences of opinion arise out of the possibility of changing a student's mark and if in the opinion of the principal said dated and signed complaint he/she has investigated thoroughly warrants a hearing, the principal shall by letter to the Union's President request that a special Marks Committee consisting of the Principal, appropriate line administrator above the Principal, Chairman of the Union's Educational Policy Committee, and the teacher involved hear the complaint. Said letter to the Union's President shall include with it said clearly written, specific and concise statement of the dated and signed complaint by the complainant(s) and any and all other information relevant and supportive of said complaint. In the event the problem cannot be resolved by this special Marks Committee the case will be submitted to the Superintendent for a final decision.

8-10.2 No minimum number of pupils who pass or fail shall be set for the teacher to observe.

8-10.3 A child who repeats a grade shall not be assigned to the same teacher for a second year, provided that there is another class of the grade or level in the school; however, if the teacher agrees to accept the child for a second year, the child may be so assigned.

8-10.4 The past practice of providing high school teachers with three working days for the marking of examinations for the first, second and third quarters shall remain the same.

During the fourth quarter, high school teachers shall be provided three consecutive calendar days for the marking of examinations.

8-11 Interruptions
Classroom interruptions are to be permitted only in the case of an emergency. Routine announcements shall be made during the first five (5) minutes and/or the last five (5) minutes of the school day.

8-12 Curriculum and Textbook Selection
8-12.1 Teachers and Department heads shall receive notice when a curriculum committee or textbook selection committee is to be established. Teachers will be solicited to submit recommendations in their area of instruction.

8-12.2 Time shall be allowed during the school day to participate in school curriculum and textbook studies to those teachers who may be designated by the school administration.

8-13 Health and Safety Standards
8-13.1 Special clothing and safety equipment used by students and teachers and required by statute shall be provided by the Board.

8-13.2 Teachers shall work under safe and healthful conditions.

8-14 Teacher Evaluation
Effective with the 2003-2004 school year all teachers shall be evaluated on a scheduled basis as determined by the Teacher Evaluation Committee. For the 2002-2003 school year evaluations shall be conducted in accordance with the applicable provisions of Articles 8-14.2, 8-14.3 and/or 8-14.4.

8-14.1 Teacher Evaluation Committee
Effective upon ratification of this Agreement the Teacher Evaluation Committee shall be comprised of three (3) persons appointed by the Superintendent of Schools and three (3) persons appointed by the President of the Providence Teachers Union. In addition, the parties shall mutually agree upon and appoint one (1) person from outside the Providence School System who shall serve as a voting member of the committee. The individual mutually appointed by the parties shall be selected on an annual basis and shall sit as chairperson of the committee.

8-14.2 Portfolio Assessment (Non-Tenured Teacher)
All non-tenured teachers shall be evaluated on an annual basis by the principal of the non-tenured teacher's home base school or by an appropriately certified administrator no later than the second week in May.

The procedure to be utilized by the evaluator in conducting said evaluation is described in the Teacher Evaluation Handbook. The Teacher Evaluation Handbook is a document, mutually agreed to by the parties and can be amended only by the parties.

The Director of Human Resources will provide a copy of the Teacher Evaluation Handbook to each non-tenured teacher.

All scores recorded for the teacher during his/her probationary period shall be totaled and this score shall be used to determine seniority when two or more teachers have the same SWAC's seniority and the same date of employment. If a tie remains, a lottery will be conducted by the Director of Human Resources in order to break the tie. The affected teachers and the union representative shall be present.

8-14.3 Portfolio Assessment (Tenured Teachers)
Tenured teachers shall be evaluated on a scheduled basis. The schedule shall be constructed by the Teacher Evaluation Committee.

Tenured teachers, as designated by the teacher evaluation committee, shall be evaluated by the principal or assistant principal of the tenured teacher's home base school or by the appropriate certified administrator no later than the second week in May of their scheduled evaluation.

The procedure to be utilized by the evaluator in conducting said evaluation is described in the Teacher Evaluation Handbook. The Teacher Evaluation Handbook is a document mutually agreed to by the parties and can be amended only by the parties.

The Director of Human Resources shall provide a copy of the Teacher Evaluation Handbook to each tenured teacher.

8-14.4 Non-Evaluation Year Intervention

During a teacher's non-evaluation years, the Board acting through the Superintendent or appropriate Assistant Superintendent may request of a teacher the completion of a portion or portions of the portfolio process in order to improve the teacher's performance. Said request may be made after the following conditions have been met:

1. The principal must have observed the teacher and documented his/her observations.

2. The principal must have provided the teacher with a copy of each observation (in a timely manner) and conferred with the teacher after each observation. The principal's written observations and teacher conferences must address the teacher's strengths and weaknesses observed as well as suggestions for improvement.

3. If no improvement is evident, the principal must document his/her findings and request intervention by his/her immediate supervisor.

4. The appropriate supervisor must meet with the principal and teacher to review all observation reports and determine if accessing a portion or portions of the portfolio process should be recommended as a means to improve said teacher's performance.

5. The teacher may have Union representation present at all meetings.
8-14.5 The inter-communication system or any electronic device shall not be used for observation or evaluation.

8-14.6 An unsatisfactory evaluation may be appealed under the grievance procedure.

8-15 Individual Testing
The School Department shall maintain adequate service for individual testing, psychiatric help and other clinical services on all levels of the school system. All appropriate information available to the school department pertaining to a child for whom a teacher is responsible may be made available to the teacher where it is deemed necessary, by the Department, for the teacher to know such information and, in all such circumstances, such information will be considered privileged. Pursuant to this section, a teacher will not be responsible to the child as to any information not shared with the teacher.

8-16 Information at the School Level

8-16.1 All official circulars pertaining to teachers shall be posted on school bulletin boards and a copy furnished to the Union.

8-16.2 A copy of current teaching programs, and non-teaching assignments, shall be available at each school.

8-16.3 Each school shall have an updated copy of policies and by-laws of the Board and Administrative Regulations of the Superintendent and all amendments thereto available to all teachers upon request.

8-16.4 The daily time schedule shall be posted in September on the school bulletin board.

8-17 Teacher Personnel File

8-17.1 No anonymous letter or materials shall be placed in the teacher's file.

8-17.2 No material derogatory to a teacher's conduct, service, character or personality shall be placed in the file unless the teacher has had an opportunity to read the material. The teacher shall acknowledge that he/she has read such material to be filed by affixing his/her signature on the actual copy, with the understanding that such signature does not necessarily indicate agreement with its content. The maker of the file must affix his/her signature to it.

8-17.3 There shall be no other official personnel file on a teacher except this designated file.

8-17.3.1 A teacher, in receipt of any correspondence (which is to be kept on file in a location other than the teacher's personnel file), may respond in writing to said correspondence. The teacher's response shall be attached to and filed with said correspondence.

As with the teacher's personnel file, a teacher may review this file as well. There shall be no other official file except the teacher's personnel file.

8-17.4 Nothing pertaining to a grievance shall be included in a teacher's official personnel file unless the final disposition of a disciplinary grievance is adverse to the teacher and/or unless so requested by the teacher. All matters pertaining to a grievance shall be at all times treated as confidential material by the Board and shall not be considered in decisions regarding re-employment, promotion, assignment or transfer unless and until a final disposition of a disciplinary grievance adverse to the teacher occurs. The Providence School Board will not retaliate against teachers who use the grievance procedure.

8-18 The teacher shall be permitted to examine, after making an appointment with the Director of Human Resources, the materials in his/her official personnel file (except references and information obtained in the process of determining qualifications for initial employment) and to have such material reproduced by the administration at a reasonable cost to the teacher. A teacher may view his/her personnel file no more than three (3) times during a school year.

8-19 Class Assignments
8-19.1 Teachers who are qualified shall be given opportunity to work with classes of varying achievement levels in accordance with their preference sheets.

8-20 Immunization Shots

8-20.1 The board will make available to all teachers, without cost to the teachers, annual immunization shots against influenza, provided the vaccine is available.

8-20.2 Participation in this program shall be voluntary.

8-21 Liability
The Board shall protect and save harmless its teachers from all financial loss and expense, including legal fees and cost, if any, arising out of any claim, demand, or suit for actions resulting in accidental bodily injury to or death of any person, or in accidental damage to or destruction of property or any other claim, within or without the school building, or any other acts, including but not limited to infringement of any person's civil rights, resulting in any injury, which acts are not wanton, reckless, malicious, or grossly negligent, as determined by a court of competent jurisdiction, provided the teacher, at the time of the acts resulting in the injury, claim, death, damages, or destruction, was acting in the discharge of his or her duties or within the scope of his or her employment or under the direction of the school board. The teacher may, at his/her own expense, engage an attorney to represent him/her in such action.

8-22 Supplies and Equipment
Adequate books, supplies and equipment shall be available for distribution in each school building on the first day of school, except when precluded by Acts of God, strikes, or when said matter cannot be provided by the company with whom the order was placed originally and further provided that said matter cannot be obtained from another source.

8-23 Lesson Plans
All teachers are to leave enough written information for substitute teachers so they can proceed with the subject matter from the point where the teachers left off. When the teacher knows of the absence before leaving the previous school day, the essential information shall be left with the principal for the substitute. When the absence is unexpected, the teacher shall call in the necessary information before classes begin except for obviating circumstances.

If a teacher chooses to use a lesson-plan book, that teacher may obtain a lesson-plan book from the principal.

Prior to the beginning of the school day, the principal shall provide the substitute hired with said information. At the end of the school day, the substitute teacher shall return said information to the principal annotated to show what has been covered and the extent said coverage together with any other comments relative to class performance during the school day. The substitute shall sign and date his/her statement and comments and return to the principal before leaving school for the day. The principal shall return said information signed by said substitute to the regular teacher when said teacher returns to work.

All teachers are to prepare a seating plan each semester or more often if need be.

8-24 Dress Code
The Board and Union recognize the desirability of enhancing the image of teachers in the Providence School Department. To this end, the Board and Union agree to the following:

1. During the course of the school day, teachers shall not wear shorts, warm-up suits, torn or faded jeans, and/or sneakers, tank tops, halter tops, beach or shower thongs, except when engaged in field trips, camping, nature study, physical education instruction and other similar activities when the attire may be that which is appropriate to the situation; and

2. Excessively casual dress identified with recreational activity is unacceptable except as provided in Number 1 hereinabove; and

3. Teachers shall continue to reflect a positive image to the students and community.

8-25 Fair Discipline Policy

1) A teacher may only be disciplined for good and just cause. A teacher shall be entitled to be provided with due process. Any sanction imposed upon the teacher shall be reasonably related to the seriousness and nature of the offense and the past record of the teacher. Disciplinary actions will include, but not limited to, the following measures:

1. Counseling
2. Oral reprimand
3. Written reprimand
4. Suspension
5. Termination

2) The principles of progressive discipline will be applied where appropriate and in relation to the nature and circumstances of the incident. The administration will not be prohibited by any language in this article from recommending suspension, termination or other action on a first offense where warranted.

3) When the principal or other authorized supervisor proposes to impose disciplinary action, except for counseling, oral or written warnings, the following procedure shall be utilized:

a. The teacher and the Union shall be provided with all relevant evidence and
documentation that is relied upon by the Administration to impose the discipline.

b. Prior to any school board meeting or hearing the teacher and the Union
shall be provided with a statement of the causes or reasons that the Administration intends to rely upon to impose discipline within a reasonable period of time but not fewer than five (5) business days prior to the scheduled meeting or hearing.

c. All evidence and documents shall be provided to the teacher or the Union within a reasonable time but not fewer than five (5) business days prior to any school board meeting or hearing pertaining to the imposition of said discipline or that may be introduced at the time of the hearing.

d. The teacher and/or his/her representative shall provide the Administration with a list of all witnesses and any witness statements within a reasonable period of time but not fewer than five (5) business days prior to the school board meeting or hearing.

4) Nothing contained herein shall deprive the school board from suspending and/or terminating a teacher. A teacher who is required to attend a meeting with a supervisor or Principal where the subject of the meeting can be expected to lead to the imposition of discipline or could lead to the teacher being charged with an infraction that could lead to discipline shall be advised that the teacher has a right to have a Union Representative present during the meeting. It is agreed that such notice will be given reasonably in advance of the meeting and the teacher shall not use said notice to delay the scheduling or holding of the meeting.

5) The School Board will not use as the sole basis of any disciplinary decision a teacher's refusal/failure to answer questions or provide information during any meeting at which the teacher's attendance has been required.

8-26 RI Employees' Retirement System
A teacher shall participate in the Employee Retirement System of Rhode Island. All rules and provisions concerning teacher participation in the Retirement System including all contributions required of the School Board, shall be governed by the statutory language pertaining to the System (R.I.G.L. 16-16-1 et seq.), other applicable statutory provisions and applicable case law.

8-27 Employee Assistance Program
The Providence School Department will provide an Employee Assistance Program for all members of the bargaining unit. An Employee Assistance Program by definition is formal, structured service designed to assist in identifying and resolving productivity and morale problems associated with employees impaired by personal concerns including, but not limited to: alcohol and other drug abuse, health, marital, family, financial, legal, emotional or other personal concerns which may adversely affect employee job performance.

8-28 School Improvement Team

8-28.1 Each school shall have a School Improvement Team made up of teachers, parents, non-certified school personnel, community representatives, students (where age-appropriate) and the building principal.

8-28.2 School Improvement Team members are volunteers and shall not be compensated for their services.

8-28.3 School Improvement Teams shall function in accordance with established protocol and by-laws and in accordance with applicable federal, state and local laws; regulations and mandates; and collective bargaining agreements.

8-28.4 School Improvement Teams may be made up of any number of individuals, however, the majority of members shall be teachers elected by the faculty of each school. The Union Building Delegate shall automatically serve as a teacher member of the School Improvement Team.

8-28.5 School Improvement Teams may recommend modifications to any collective bargaining agreement. Any modification to the Providence Teachers Union/Providence School Board Collective Bargaining Agreement must have 75% school faculty approval as well as Union/Board approval.

8-29 Job Sharing

8-29.1 A maximum of ten (10) job sharing positions may be available each academic year.

All job sharing positions shall be limited to grades 4 - 12 and teachers may job share for no more than one (1) academic year except that teachers who have shared a position during the 2001/2002 academic year may continue in the same assignment through the 2003/2004 academic year (if approved). No new K-3 job share opportunities will be made available after the 2001/2002 academic year.

8-29.2 Job-shared positions shall be available only to regularly employed teachers in areas of certification where there is an available long-term substitute to fill the remaining position and only to regularly employed teachers who have demonstrated three (3) continuous years of successful teaching and who are guaranteed employment for the subsequent school year. Job-shared positions shall be available only to teachers in the area of certification in which they are working and are guaranteed to continue to work in the subsequent school year. Teachers must indicate their desire to job-share thirty (30) days prior to the last day of the school year preceding the school year in which they wish to job-share.

8-29.2.1 In the event there is only one regularly appointed teacher in the bargaining unit working in an area of certification, job-sharing opportunities shall be made available to said teacher pursuant to Article 8-29 provided that:

A. Certified teachers on the recall list shall be offered the opportunity to job share in their order of recall
seniority and a teacher(s) awaiting recall who refuses to job share shall retain any and all of his/her rights under the Collective Bargaining Agreement; and

B. In the event no teacher on the recall list opts to job-share, it will be the responsibility of the teacher desiring to job-share to assist the Board in the recruitment of a fully certified teacher candidate to job share the position; and

C. All other terms and provisions of Article 8-29 are satisfied; and

D. A newly hired teacher or a recalled teacher appointed to job share shall be appointed a long-term substitute and will replace the regularly appointed teacher for his/her non-teaching portion of the teaching program.

8-29.3 Teacher applications for the job-shared positions must be submitted to the Superintendent's Office no later than thirty days prior to the last day of the school year preceding the school year in which they wish to job-share. If more than one position at a level occurs, a lottery shall be conducted within five (5) days and the Superintendent shall notify the applicants no later than the third Monday of July as to whether they have been accepted for job-sharing; and if not, the reason(s) for disqualification.

8-29.4 Job-sharing positions shall be filled only by teachers who have jointly agreed in writing to work cooperatively together, use the same curriculum as designated by the district, support all district initiatives and programs in the classroom and attend all required professional development by the district or that planned as essential by the principal, as well as all faculty meetings and parent conferences regardless of whether it occurs during regularly assigned days and hours of the job sharers.

8-29.5 Teachers who wish to share a position shall be responsible for matching themselves for the job-sharing positions.

8-29.6 Teachers submitting applications for the job-sharing positions shall submit their