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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 |