agreement between the willoughby-eastlake teachers association

AGREEMENT

BETWEEN THE

WILLOUGHBY-EASTLAKE

TEACHERS ASSOCIATION

AND

WILLOUGHBY-EASTLAKE

CITY SCHOOL DISTRICT

BOARD OF EDUCATION

2021-2024

10/29/2021

1258-01

21-MED-03-0445

40921

AGREEMENT

BETWEEN THE

WILLOUGHBY-EASTLAKE BOARD OF EDUCATION

AND THE

WILLOUGHBY-EASTLAKE TEACHERS ASSOCIATION

2021-2024

TABLE OF CONTENTS

TITLE PAGE

ARTICLE I NEGOTIATIONS PROCEDURES ........................................ 1

ARTICLE II GRIEVANCE PROCEDURE ................................................ 4

ARTICLE III ASSOCIATION RELATIONSHIPS ....................................... 9

ARTICLE IV PHYSICAL EXAMINATION ................................................ 14

ARTICLE V TEACHING DAYS AND HOURS ........................................ 15

ARTICLE VI TEACHING LOAD AND ASSIGNMENTS, CLASS SIZES .. 20

ARTICLE VII VACANCY, TRANSFER, AND REASSIGNMENT .............. 44

ARTICLE VIII(a) TEACHER EVALUATION .................................................. 53

ARTICLE VIII(b) TEACHER EVALUATION .................................................. 67

ARTICLE IX PERSONNEL FILE ............................................................ 78

ARTICLE X RETIREMENT .................................................................... 80

ARTICLE XI PROFESSIONAL GROWTH .............................................. 81

ARTICLE XII SALARY PAYMENTS AND DEDUCTIONS ....................... 86

ARTICLE XIII INSURANCE ...................................................................... 98

ARTICLE XIV ABSENCES AND LEAVES .............................................. 103

ARTICLE XV CURRICULUM DEVELOPMENT ..................................... 115

ARTICLE XVI ELEMENTARY AND MIDDLE SCHOOL CONFERENCES

......................................................................................... 116

ARTICLE XVII STUDENT DISCIPLINE AND ASSAULT PROTECTION .. 118

ARTICLE XVIII TEACHER INDIVIDUAL RIGHTS ..................................... 121

ARTICLE XIX CONTRACTS ................................................................... 123

ARTICLE XX SENIORITY ...................................................................... 130

ARTICLE XXI ENTRY-YEAR TEACHER PROGRAM GUIDELINES ...... 132

ARTICLE XXII REGULAR SUPPLEMENTAL TEACHERS ...................... 137

ARTICLE XXIII FORM, EFFECT, AND DURATION .................................. 141

APPENDIX I, A SALARY SCHEDULE, 2021-2022.................................... 143

APPENDIX I, B SALARY SCHEDULE, 2022-2023.................................... 144

APPENDIX I, C SALARY SCHEDULE, 2023-2024.................................... 145

APPENDIX II ACTIVITY PAY SCHEDULE ............................................ 146

APPENDIX III PAID PERSONAL LEAVE FORM .................................... 161

APPENDIX IV SICK LEAVE AFFIDAVIT ................................................. 164

APPENDIX V GRIEVANCE PROCEDURE FORM ................................. 165

APPENDIX VI CERTIFIED/LICENSED BID REQUEST .......................... 166

MEMORANDA(s) OF AGREEMENT ................................ 167

HEALTH INSURANCE PLANS ........................................ 192

SuperMed Plus ................................................. 192

Dental Plan ....................................................... 194

Vision Plan ....................................................... 195

Hearing Plan .................................................... 196

INDEX .............................................................................. 197

ARTICLE I

NEGOTIATIONS PROCEDURES

The Willoughby-Eastlake Board of Education (hereinafter referred to as the "Board")

and the Willoughby-Eastlake Teachers Association (hereinafter referred to as

"WETA" or the "Association") do hereby resolve the following:

1. That providing a quality education for the young people of the Willoughby-

Eastlake City School District is their fundamental and primary concern.

2. That the interests of education are best served when mutual understanding,

cooperation, and communication exist between the Board, the

Superintendent, the Administrative Staff, and the Instructional Staff.

3. That the professional preparation of teachers qualifies them to make

significant contributions to the conduct of the educational affairs of the

district and to the determination of policy and program.

4. Effective discipline, observation of good order, and respect for the rights of

others are necessary so that all pupils may obtain the highest degree of

quality education.

A. RECOGNITION - The Willoughby-Eastlake City Board of Education (hereinafter

"Board") recognizes the Willoughby-Eastlake Teachers Association (hereinafter

"Association") an affiliate of the Ohio Education Association (OEA) and National

Education Association (NEA) as the sole and exclusive representative of the

bargaining unit. Such recognition shall be in effect unless the bargaining

representative is decertified or a competing organization is selected to represent

the bargaining unit as provided for by law. As long as the Association is

recognized, this Agreement shall be deemed to be in effect, and the Association

will retain the rights guaranteed in Articles I, II, and III. If consistent with ORC

4117, WETA may elect to become a division of the Willoughby-Eastlake Unified

Professionals (WEUP) provided it is expressly understood and agreed that the

privileges extended to WETA and its President under this agreement are not

available to WEUP or its President.

B. BARGAINING UNIT - The WETA bargaining unit shall consist of all full-time and

part-time personnel certified or licensed by State Board of Education and

employed by the Board, excluding administrative personnel serving under

administrative certificates, members of other bargaining units, day-to-day

substitutes who work less than thirty (30) consecutive workdays in the same

assignment, and aides. Also excluded from the bargaining unit are adult

education instructors in adult education programs. Adult education programs

are defined as classes that cannot be used for credit towards a high school

diploma and/or G.E.D. Current bargaining unit members as of the 2015-2016

school year currently teaching any adult program shall not be negatively

impacted (reduction in fulltime status and/or pay) by hiring additional adult

education instructors. Starting with the 2016-2017 school year, if the need arises

to hire additional adult education instructors, they will not be included in the

bargaining unit. Two part-time employees may not be hired in lieu of one full-

time.

C. SCOPE OF AGREEMENT - The parties agree to negotiate over wages, fringe

benefits, terms, and conditions of employment and the continuation,

modification, or deletion of an existing provision of this Contract.

D. EXCHANGE OF INFORMATION - Upon request, the Board and the Association

agree to furnish each other with any available information that might be required

to intelligently consider any issue that is of concern to either party.

E. INITIATION OF NEGOTIATIONS - If either of the parties desires to negotiate

changes in subjects of negotiations, it shall notify the other party in writing not

earlier than one hundred eighty (180) days and not later than sixty (60) days

before the Agreement expires. Notification in writing shall be from designated

agent to designated agent. A copy shall be sent to SERB on the proper form by

the initiator.

Within fifteen (15) days after receipt of such notice, an initial meeting will be held

for the purpose of permitting the party requesting negotiations to submit in

writing all of its proposals for negotiations. Thereafter, the party requesting

negotiations shall not submit additional items for negotiation except with consent

of the other party. At that time, the party not requesting negotiations must submit

their proposals and thereafter shall not submit additional items for negotiation

except with consent of the other party.

Each proposal submitted by either party shall be in desired final contract

language so that without clarification or supplementation, the proposal, if agreed

to by the other party, could be incorporated into the contract. After the

submission of proposals, the first negotiation session shall be held within fifteen

(15) days.

F. NEGOTIATION MEETINGS - The initial meetings shall be between the

Superintendent and/or his designated representatives and representatives of

the Association at mutually convenient times and places. The size of each

group shall be limited to those deemed necessary for negotiations and resource.

If it is considered advisable by either group, outside consultants may be utilized

for resource purposes.

All negotiations will be confidential except to the team and parties to the contract.

G. IMPASSE PROCEDURE - If agreement cannot be reached within forty-five (45)

days following the first session or forty-five (45) days prior to the expiration of

the contract, whichever comes first, either party may petition FMCS to assign a

mediator to assist the parties in resolving the impasse. By mutual agreement,

in writing, the parties may design an alternate impasse procedure at any time

prior to the expiration of the contract. In the event the parties mutually agree to

an alternate impasse procedure, SERB shall be notified of the design of the

procedure in writing.

H. It is recognized that the foregoing procedures will be observed by the Board and

the Association for the initiation of all future policies and amending of present

policies within the scope of this Agreement and all other mandatory subjects of

bargaining under Section C above.

Except as specifically provided in this Contract, management retains the right to

exercise sole decision making authority. The use of judgment and discretion by

management in exercising its sole decision making authority will not be arbitrary

and/or capricious.

I. AGREEMENT - When tentative agreement has been reached at any level in

regard to a negotiated item, it shall be reduced to writing and signed by both

negotiation spokespersons. When tentative agreement has been reached on

the entire contract, the total tentative agreement shall be reduced to writing,

signed by the spokespersons, and submitted to the WETA membership and

Board for ratification within fourteen (14) calendar days from the date of final

tentative agreement on all items. In the event that either party fails to act upon

the tentative agreement and the other party does not reject it within the fourteen

(14) calendar day period, the contract shall be deemed approved and will be the

final and binding agreement between the parties. The Board shall timely serve

a copy of the signed agreement with SERB.

J. These procedures may be altered by mutual agreement between the parties.

ARTICLE II

GRIEVANCE PROCEDURE

A. DEFINITION - A "grievance" is defined as a claim by a teacher, group of

teachers, or Association (hereinafter called the grievant) that there has been a

violation, misinterpretation, or misapplication of any provision of this

Negotiations Agreement.

A "class action" (group grievance) which is brought by the Association on behalf

of a group rather than an individual must be signed by two members of the

Association affected by the allegation when filing a Step I grievance report. The

group shall be identified on the form, and all members of the alleged group shall

be notified in writing of the filing of the grievance report as soon as possible.

(The administration shall inform all affected persons.)

"Days" shall mean working days of the party obligated to act (inclusive of the

administration and any designated Association representative), with the

exception of the time line for the initial filing of grievances. Within five (5) working

days of the filing, any party who will be absent for an extended period of time

during the processing of the grievance, shall give notice of the need for

extensions during the grievance procedure and the anticipated dates of

absence.

B. PURPOSES - The following purposes are presented as a framework from which

the grievance procedures hereinafter set forth have been developed, and

according to which they are to be conducted:

1. To secure, at the lowest possible administrative level, equitable solutions to

grievances which arise from time to time. Both parties agree that these

proceedings will be kept as informal and confidential as may be appropriate

at any level of the procedure.

2. To insure that a complaint is considered fairly, with all due speed, and

without prejudice or reprisal.

3. To encourage teacher expression regarding conditions that affects him/her.

4. To improve the understanding of policies which affect teachers

5. To build confidence in the sincerity of the procedure.

6. All grievance meetings shall be held in Executive Session.

7. Save for final resolution, all grievance documents shall be kept confidential

by the participants. All grievance documents but the final resolution of the

grievance shall become the property of and retained by WETA. The names

of the grievant(s) (if individual teachers are grievants) shall be redacted

from all grievance documents including the final resolution.

C. INFORMAL PROCEDURE - In the event that a teacher believes there is a basis

for a grievance, the teacher should first discuss the alleged concern with the

immediate administrative person who has the authority to bring about a

resolution of the alleged problem. Said discussion should be held confidentially

and personally by the teacher before filing of any formal grievance. At the option

of the teacher, he/she may be accompanied by his/her Association

representative. The administrator may waive the presence of the teacher. No

reference to a formal grievance need be made.

UNFAIR TREATMENT PROCEDURE - Whenever an employee has a

complaint against another employee or administrator that does not involve a

violation/misapplication of a specific term of this agreement, and the employee

wishes to reach a resolution of said complaint, the employee shall first attempt

to resolve this complaint with the other employee or administrator that is the

source of the complaint. When the complaint involves an administrator, the

employee may bring an Association representative from the Association

membership.

If the employee or administrator believes that the complaint is not resolved,

either may request the intervention and assistance of the WETA/Board

Labor/Management Committee by contacting the President or his/her designee.

By mutual agreement, the employee and administrator may bypass the LMC

and seek third party assistance.

After at least one meeting, if the LMC or employee or administrator believes that

third party assistance is needed, the LMC, employee, or administrator may seek

third party assistance by notifying either the Superintendent or Labor Relations

Consultant.

The third party shall be the Superintendent or his/her designee and the OEA

Labor Relations Consultant or his/her designee. By mutual agreement, they

may select and utilize an outside labor/management consultant.

When the administrator is the Treasurer, the Superintendent or designee and

OEA Labor Relations Consultant shall select and utilize an outside

labor/management consultant.

This complaint resolution procedure shall be confidential, non-appealable, and

without written record--unless the resolution itself involves written commitments

between the affected parties. This procedure is separate and distinct from the

Grievance Procedure and is for the exclusive purpose of resolving non-

contractual complaints and labor/relations problems. The third party has no

authority to issue binding decisions. It shall function as a mediator/facilitator.

When the complaint or problem is more appropriately resolved by a group

process, a labor/management committee shall be used prior to third party

intervention.

D. FORMAL PROCEDURE

1. STEP I - This step must be initiated no later than thirty (30) days after the

occurrence of the alleged violation giving rise to the grievance except

Association grievances which must be filed within sixty (60) calendar days

of the occurrence. If the grievant is not satisfied, the grievant may submit

to the proper immediate administrative authority that has the authority to

resolve or grant the grievance, a completed and signed Step I grievance

report, upon the grievance form. Within five (5) days of receipt of the

Grievance Report, the administrator shall arrange a hearing with the

designated Association representative, if one has been designated, or the

grievant if not, and hold the hearing with the representative and grievant

within ten (10) days of receipt absent a mutually agreed extension. Either

party may waive the presence of the grievant if only contractual arguments

are involved. The administrator shall indicate his disposition, in writing,

within three (3) days after such meeting. The disposition shall contain

reasons for denial, if denied.

2. STEP II - Within twenty (20) days of receipt of the Step I response, the

Association and the grievant may file a written form to proceed to Step II

with the Superintendent or designee. Within seven (7) days of the filing of

the form, the Superintendent or his/her designee shall arrange and conduct

a hearing in the same manner and for the same purpose as set forth in Step

I. (If the Treasurer is the Step I hearing officer, the Board of Education shall

act as the Step II hearing officer.)

Within ten (10) days after the hearing, the Superintendent or his/her

designee shall provide written response to the Association and the grievant

with specific reasons, if denied.

3. STEP III - ARBITRATION - If the Association is not satisfied with the

disposition, the Association representative may, within twenty (20) days

following the conclusion of the previous step, submit the grievance to an

impartial arbitrator by filing with the Superintendent a request for arbitration.

Thereafter, the Association's representative and a representative of the

Board shall meet to select the arbitrator. If no arbitrator is selected within

seven (7) days, the matter shall be submitted to the American Arbitration

Association in accordance with its rules, which rules shall likewise govern

the arbitration proceeding.

E. The arbitrator shall have no power to alter, add to, or subtract from the stated

policies and rights herein contained, and his award shall be final and binding

upon the parties. When the arbitrator finds that the grievant was not properly

compensated; denied his/her contractual right to earn compensation; or

required to perform duties not required by the contract; the arbitrator shall order

proper compensation if such award is not contrary to law. Either or both parties

may be represented at the arbitration hearing. The fees and expenses of the

arbitrator shall be shared by the Board and the grievant.

F. The time limits provided for in this Article shall be strictly observed but may be

extended by written agreement of the parties. In the event a grievance is filed

after May 15 of any year and strict adherence to the time limits may result in

hardship to any party, the Board shall use its best efforts to process such

grievances prior to the end of the school term or as soon thereafter as

reasonably possible including expedited arbitration if mutually agreed to. The

failure to raise timeliness as a defense at any step shall waive any later

arbitrability claim.

G. Nothing herein contained shall be construed to limit the right of an individual

teacher to discuss a personal complaint with a supervisory person without

recourse to the grievance procedure.

H. Nothing contained herein shall prohibit an individual teacher from presenting a

complaint alleging a violation of this Agreement and from seeking to resolve

such complaint through informal channels provided that any resolution must be

consistent with the terms of this Agreement.

I. No reprisal of any kind shall be taken by or against a participant in the grievance

procedure by reason of such participation.

J. A teacher engaged during the school day on behalf of the Association with any

representative of the Board in any professional grievance, including arbitration,

shall be released from regular duties during such participation without loss of

salary.

K. After any grievance which is finalized in arbitration, the Board and WETA will

issue a joint arbitration summary to all staff. Neither group shall editorialize on

the statement and the decision shall become a part of the Agreement.

L. At each level of the grievance procedure, a copy of the grievance and a copy of

the disposition of the grievance shall be given to the grievant, Association

President, c/o the UniServ office, and the Association representative involved at

the step (if any).

M. This grievance procedure is the exclusive method of resolving disputes within

its scope, and it must be followed in a timely fashion to preserve the right to

contest an alleged contract violation. If a grievance is not filed within the

established time limits, the right to present the grievance and assert contract

violations in connection with the matter at issue is waived unless there has been

a mutual time limit extension. However, the right to assert violations of law (if

any) in the appropriate forum shall not be waived by noncompliance with

grievance procedure time limits.

If the Board or Administration fails to meet a time line established by Steps I and

II of the grievance procedure, then the grievance automatically shall be

considered appealed to the next step. If the Board or Administration fails to

meet a time line established by the Step III, then the grievance may be taken to

arbitration as provided in Step III by the Association, or the Association may

consider the time limits mutually extended.

Up to and including the arbitration filing, the Association may add/delete causes

of actions, contract sections, and remedies to the initial grievance. If there is a

change, the Superintendent may request another Step II hearing to consider the

changes. The hearing should be held within ten (10) days of the amendment.

ARTICLE III

ASSOCIATION RELATIONSHIPS

A. Upon request, the Association or any committee thereof shall have the right to

use school buildings and facilities on days school is in session, without charge,

for professional purposes. Bulletin boards in teachers' lounges, interschool mail,

and teachers' mailboxes shall be made available without censorship for

Association use. If the building principal desires to control access to mailboxes,

he/she may either designate available office personnel to place Association

materials in mailboxes as soon as possible or ask that the Association designate

a single person to place materials in mailboxes whose name shall be submitted

to the principal by September 1

of each contract year.

B. Duly authorized representatives of the Association and its affiliates may transact

Association business on school property any time before, after, or during the

regular school day; provided, however, that no such business shall be

transacted on any class time, nor shall such Association business in any way

interfere with scheduled student-teacher, parent-teacher, or administrator-

teacher conferences. All visitors, including Association representatives, must

report to the building office during open office hours before transacting such

business and sign in.

C. The Association may have the right to use school-owned equipment and

facilities providing that:

1. Such use does not interfere with the normal school functions.

2. The cost of expendable supplies and repairs for damage caused by misuse

of equipment will be the obligation of the Association. When special

custodial services are required, the Board may make reasonable charge

therefore.

3. Prior clearance for any such use is first obtained from the building principal,

provided that no such request shall be unreasonably denied. Simple

copying or faxing does not require prior approval where copying/faxing

equipment is available.

E. The Board shall provide the Association President, Vice President(s),

and

UniServ office with copies of the Board agenda prior to the regular or

special

Board meetings and two copies of the minutes of said meetings. All officially

adopted financial reports and/or related materials shall also be provided.

F. The Association will be provided with ten (10) annual district-wide

personnel

directories.

G. The Board shall print this Negotiations Agreement in booklet form in

sufficient quantity to provide every member of the bargaining unit with a copy.

In addition, the Association shall be provided with two hundred (200)

additional copies for its own use at the overrun cost.

H . PRESIDENT'S

RELEASE

1. It is recognized that the President of the Association plays a vital role as

leader and official representative of the professional staff. The

President

encouraged to communicate matters of concern to the

administration and the Board as the need arises.

2. The President shall be provided one (1) contact period or its equivalent

of release time each day for association duties (e.g., no duty period). In

the

event that the Association President's assignment does not contain

"contact periods," the parties shall meet to determine an appropriate and

feasible "equivalent." If no alternative is feasible and reasonable, this

provision

will

not be implemented for the appropriate period.

Further, provided it does not require the employment of additional staff

or additional expense to the Board, the President's schedule shall not

include a last period assignment and/or shall provide for a reduced class

load.

3. Each year by May 15, WETA shall advise the Assistant

Superintendent whether WETA wishes to arrange for its President to be

released from duties for two (2) added periods each day to a combined

total of one-half (1/2) time on an annual basis. Such additional released

time will

arranged provided appropriate replacement staffing is

available

from

current faculty or may readily be secured through

employment of

new

personnel.

If such additional release time is arranged, the Association shall

reimburse

the school district for two-sixths (2/6) of his/her annual salary

and

costs, e.g., STRS, plus two-sixths (2/6) additional costs

of his/her

fringe

benefits at COBRA rate if a replacement who will

receive the benefits

is hired.

ASSOCIATION LEAVE

1. Association leave may be granted for a period of two (2) years.

Teachers

granted such leave will return to the proper step on the salary

schedule

and

other benefits. The period of such leave shall not

constitute accrued

time

accredited for placement on the salary

schedule.

2. a. The Superintendent shall grant (except as provided in 2., c., of this

provision) to the WETA President or his/her designee(s) a total of

fifteen (15) days per year leave for professional activities of the

Association that cannot be accomplished on school time or that are

not covered by other provisions of this contract (excluding striking

or strike related activities such as strike organization).

3. b. The Superintendent shall be notified by the Association President

in writing at least two calendar days in advance of the activity

except in an emergency when notice will be given as soon as

known. A brief description of the activity will be provided upon

request.

4. c. The Superintendent may disallow such leave if he/she determines

it will be disruptive of official school activities.

5. d. Such leave may be used in one-half (1/2) or full day increments.

One half (1/2) shall mean the first or second half of the day, and

one-half (1/2) day leave may only be granted if a substitute

(internal or external) can be obtained.

6. e. Leave under this section shall not be accumulative and shall not

be charged against sick or personal leave.

7. f. The Board shall pay for substitutes hired to assume the duties

of teachers on leave.

ASSOCIATION DUES

The Board shall provide payroll deduction of dues and FCPE

donations

(minimum $1.00 per pay) for Association memberships at no cost.

Enrollment in the Association shall be permitted twice each year, at the

beginning and at the semester break and at time of employment.

Employer agrees to deduct from the wages of any employee-member of

the Association, the dues, initiation fees and assessments of the Union,

and FCPE donations (minimum $1.00 per pay) upon presentation of a

written deduction authorization from any member of the Association. This

deduction shall be without cost to the Association or the member.

Enrollment in the Association shall be permitted twice each year, at the

beginning and at the semester break and at time of employment.

In the event an employee severs employment or cancels their

membership outside of the cancellation period defined in this Contract,

the District Treasurer shall deduct all owed and remaining dues from the

employee's next check immediately following such notification.

A member who wishes to cancel payroll deduction of dues may do so by

notifying the Association [President/Treasurer/Membership Chair] and

District Treasurer, in writing, not less than two (2) weeks prior to the

effective date of the payroll change.

Association membership is annual with the membership year being

September 1 through August 31. Once a member enrolls such

membership shall be continuous thereafter for each subsequent

membership year unless the individual cancels their membership.

Any individual who wishes to cancel their membership must notify the

Association [Treasurer/President/Membership Chair] and District

Treasurer in writing between August 1 and August 31. A member may

cancel their membership outside of the aforementioned cancellation

period but shall be responsible for all remaining dues and assessments

of the current membership year and by such cancellation acknowledges

that he/she is forgoing any rights specifically reserved to members of the

Association.

6. Dues rates shall

transmitted to the Board Treasurer by September

15 for that contract year deductions. The Association will also provide by

October 15 to the Board Treasurer the names of those unit members

who are members of

the

Association.

7. The Association shall notify all current and newly hired bargaining unit

members that membership in the Association

not required.

8. The Association agrees to indemnify and save the Board harmless

against any judgments, costs, expenses, or other liability the Board

might incur

a result of the implementation and enforcement of this

section

provided that:

a. The action brought against the Board must be a direct consequence

the Board's good faith compliance with this section.

b. The Board notifies the Association in writing and within fifteen (15)

days

of any claim made or action filed against the

Board.

c. The Board agrees to permit the Association or its

affiliated

organizations to intervene as a party if it is so desired, and/or not

oppose the WETA or organizations with which it is affiliated,

application

to file briefs amicus curiae in the action.

K. Whenever an employee has a legal right to representation, paid release

time

shall be provided for Association representatives to attend

management

scheduled or mutually scheduled hearings, meetings, or

bargaining

sessions.

As school business, no approval is required. Such

representatives must

inform

their immediate administrators as soon as they

are made aware of the date

and

time of the representational activities. If the

release of an

Association

representative creates a work conflict, the

administrator who scheduled

the

hearing/meeting may request that the

meeting be rescheduled to

another

mutually agreeable date and time.

However, no employee will be deprived

such representation due to such

rescheduling.

L. PROFESSIONAL LEAVE - All requests for attendance to OEA and

NEA

conventions shall be submitted in writing via the school principal or unit

director

to the Superintendent as professional leave. (Delegates to the OEA

and

NEA

conventions shall receive automatic approval for attendance but

not

remuneration for expenses.

)

ARTICLE IV

PHYSICAL EXAMINATION

Physical and mental health is a condition of employment. Any teacher may be

required to submit annually to a doctor's statement as evidence of such, when the

Board has a good faith belief that an employee is no longer physically or mentally

capable of performing his or her job; or his/her physical or mental condition presents

a danger to the teacher or others in the district. Examination for this purpose may

be had without cost to the teacher from a physician appointed by the Board.

Alternatively, when requested to submit such evidence, a teacher may elect to

engage the services of the physician of the teacher's choice, in which event, the

Board will reimburse the reasonable cost of such examination. The Board may not

request that the physician submit any information beyond a statement that the

employee is physically or mentally capable of performing his or her job; or whether

the employee's continued performance of his or her job presents a hazard to the

employee or others in the district.

In the event the report of the teacher's physician is questioned, the Board reserves

the right to request an additional examination by its own physician, at Board

expense.

ARTICLE V

TEACHING DAYS AND HOURS

A. Student starting and dismissal times are subject to modification by statute or

Board policy or administration. However, modifications to the ranges below

will be mutually agreed upon by the administration and the Association. The

accepted ranges for the starting and dismissal times for the students are:

Elementary The range is from 8:30 to 2:30 or 9:00 to 3:00

Middle -- The range is from 8:30 to 3:10

Secondary The range is from 7:35 to 2:30 (Tech/Alternative School) or

7:45 to 2:20 (High Schools)

Administration may make adjustments in start/stop times at individual schools

on an annual basis as long as they do not lengthen the school day or deviate

more than fifteen (15) minutes from the above starting and dismissal times.

No teacher will be required to report earlier than 7:30 am.

B. DAYS AND HOURS

1. The teacher's workday may include up to one-quarter (1/4) hour before

the students' starting time and will be concluded after normal

responsibilities are accomplished. No teacher (K-12) will be required to

report earlier than 7:30 a.m. A teacher (K-12) will be expected to remain

five (5) minutes after student dismissal. Said day shall include a minimum

of forty (40) minutes uninterrupted duty-free lunch period excluding

passing time. Traveling teachers shall have the same duty-free lunch

period as other teachers. Classes will not be split by a lunch period if

feasible. Every teacher will have a lunch period during the times

scheduled for student lunch, unless otherwise agreed between the

teacher and the principal.

2. a. Required building meetings will not be held more often than once a

month except when an issue must be addressed or must be brought

to the attention of faculty prior to the next month's building meeting.

Additional staff meetings may also be called by the majority of any

building faculty through the WETA building representative(s). These

meetings may extend beyond the length of the teacher's workday, but

no teacher will be required to stay over one (1) hour after student

dismissal for such building meetings. Alternative scheduling of time

for the meeting may be mutually agreed to by the principal and the

WETA building representative(s) with the concurrence of the faculty

b. Teachers will be required to attend eighteen (18) instructional/staff

meetings per year, scheduled every other week. A District committee

will be formed allowing teacher input into the purpose of the meetings.

No teacher will be required to stay over one (1) hour after student

dismissal for such meetings. Attendance at all other meetings is

voluntary.

In the event that an unforeseeable circumstance arises in which the

teacher has no control, they may be permitted, with permission of the

building principal to miss the meeting.

c. Teachers assigned to two (2) buildings will not be required to travel

back to School "A" from School "B" to attend a principal's meeting.

The tentative meeting agenda will normally be distributed to teachers

two (2) days prior to the meeting. Disagreement with the content of

the meeting agenda does not alleviate the responsibility for

attendance.

The maximum length of the workday of a traveling teacher may be

equal to but not greater than that of teachers in the building with the

longest workday in which the traveler works.

The home school of the traveling teachers shall be the building

wherein they are assigned for the majority of the time. In the case

where a traveling teacher's time is equally split between two (2)

buildings, the teacher may select his or her home school, and shall

notify the administration of the selection.

d. The schedule for traveling teachers will be developed in such a

manner that there is adequate time for the teacher to travel between

buildings and for preparation upon arrival in the building. The duty-

free lunch period and planning/conference time shall not be part of

the travel time. Traveling teachers will not receive partial

supervisions upon arrival in the buildings.

3. Except for after-student dismissal meetings as noted above, all after-

student dismissal, evening, or weekend activities shall be voluntary. The

school day may be adjusted, pursuant to Article XVI, for the purposes of

scheduling evening parent-teacher conferences. Teachers shall be

compensated for these adjusted days by the scheduling of a

compensatory day. Supplemental contract duties do not excuse a person

from participation in evening conferences, except when the building

principal determines that such duty involves an inter-district event which

cannot be rescheduled. All after-student dismissal/ evening supplemental

duties shall be compensated according to Article XII.

4. Certified staff must attend open house. All high school guidance

counselors must attend graduation of their home school. In the event that

an unforeseeable circumstance arises in which the staff member has no

control, they may be permitted, with permission of the building principal to

miss the event. Traveling teachers are required to attend the open house

where the majority of their day occurs. Certified staff will be permitted to

submit time sheets for compensation for performing duties during the

graduation ceremony. If a parent-teacher organization exists in the

building, it is desirable that each teacher attend at least one meeting per

school year. At the high school, the pattern that exists for voluntary

meetings be continued as recommended practice. No teacher will be

sanctioned for his refusal to attend a particular event.

5. No special education program may exceed the "Ohio’s Operating

Standards for Schools Serving Children with Disabilities" for service

provider ratios for delivery of services. If numbers exceed maximums, the

district will follow the waiver provision pursuant to Ohio Administrative

Code Section 3301-51-09. When a waiver is foreseen, the intervention

specialist involved will be consulted in advance and alternatives to a

waiver procedure will be implemented according to applicable law. If a

waiver is obtained in accordance with the operating standards,

Intervention Specialist in the affected program will receive a stipend

calculated in the same manner as provided for an "overload" student in a

regular class.

6. The District will abide by the “Operating Standards for Ohio Educational

Agencies Serving Children with Disabilities” adopted on July 1, 2008. The

District will also abide by the “Policies and Procedures Agreement”

adopted by the Board in October, 2009.

7. In-service related to increasing teacher effectiveness with students on

IEPS, will be made available and, if held during the school day, required

of all certified personnel. The time frame for in-service days held should

match the established building times (when held in home buildings for

everyone) or from 8:00 am until no later than 3:00 pm with one hour for a

work free lunch (when the district gathers as a whole. Ex. Menu days).

8. Teachers who miss before/after school staff/tbt meetings or PD meetings,

due to being on any type of leave will be responsible for the information

they may have missed (provided to them by their building administrator),

but will not be required to attend make up meetings.

(A teacher performing a supplemental duty, who requests and is granted

permission to miss any such meeting may be required to attend a make-

up meeting at the administrator’s request.)

C. Three (3) representatives designated by the Association and three (3) by the

Superintendent shall meet and shall establish a school calendar for the

coming year. Said calendar shall include such items as the number of days

of instruction, days of teachers' meetings, closing days, and professional

meetings. The calendar is to be adopted by the Board. Teachers new to the

district may be required to attend a half-day district-designed in-service

program related to the use of technology in the classroom, during the day

preceding the start date of other teachers. A change in the law or an

emergency may necessitate a change in the calendar.

Prior to October 1 of each school year, the Association shall notify the Board

as to the order of how calamity days will be made up as required by state law.

D. SCHOOL YEAR - The teacher school year shall include a maximum of one

hundred eighty-two (182) workdays according to the school calendar which

includes two (2) teacher workdays and up to two (2) parent-conference days.

Teachers will not be required to report to work on any day declared as a

calamity day for students. If a calamity day is declared for an entire building,

teachers need not remain at work after being given permission to leave by the

building administrator or students have been dismissed and left the building.

The Technical Center shall be considered three (3) buildings for purposes of

this Section.

E. One-half day, as used in this Contract, shall be no more than fifty percent

(50%) of the time frame in Item B above.

F. The following bargaining unit members shall be considered as being assigned

to the central office, under the direct supervision of the Director of Pupil

Services: Psychologists, ESL Teachers, School Nurses, Speech and

Language Pathologists, and Occupational Therapists.

1. The normal workday for these employees shall be equivalent to the

workday of the building where they are normally working and shall not

exceed the longest workday of members of this bargaining unit.

2. Extended day supplemental contracts are required for those employees

whose workday routinely exceeds this, pursuant to the past practices and

customs of the district.

ARTICLE VI

TEACHING LOAD, ASSIGNMENTS, AND CLASS SIZES

A. ELEMENTARY SCHOOLS (GRADES PRE K-5)

1. Teachers shall not be used in a supervisory capacity during the school

day for noon hour playground duty.

2. The maximum teaching day for any elementary school teacher shall be

three hundred twenty (320) minutes per day (less the time of specialists).

Pre-school teachers shall be assigned no less than 150 minutes per week

of planning/conference time. All other provisions of this Agreement

addressing K-5 teachers shall be applicable to pre-K teachers.

Planning/conference time shall be in blocks of time no less than fifteen

(15) minutes. After school dismissal does not count toward that total. An

elementary teacher shall receive no less than one hundred fifty (150)

minutes per week of planning/conference time.

3. Coverage or assistance from certified/licensed personnel shall be

provided when a pre-school teacher is required to perform pre-scheduled

legally-required formal, systematic observations of incoming preschool

children suspected of having disabilities, individually administered state-

mandated assessments of currently enrolled preschoolers, and/or attend

MFE/IEP meetings during normal classroom instructional time.

4. Classroom teachers shall not be required to remain in the classroom when

a teacher certified/licensed to teach in special areas is in charge, unless

such classroom teacher is required for program continuity. If the special

teacher uses the teacher's classroom for instruction time, space should

be provided for the classroom teacher to do planning; however, there will

be no required addition or changes to the physical plant.

B. GENERAL PROVISIONS FOR SERVING STUDENTS ON IEPs

1. Least Restrictive Environment (LRE) Requirements.

A. Each school district must ensure that:

1) To the maximum extent appropriate, children with disabilities

are educated with children who are not disabled, and

2) Special classes, separate schooling, or other removal of children

with disabilities from the regular education environment occurs

only if the nature or severity of the disability is such that

education in regular classes with the use of supplementary aids

and services cannot be achieved satisfactorily.

3) A continuum of alternative placements is available to meet the

needs of children with disabilities for special education and

related services.

2. When determination is to be made as to the least restrictive environment

for a disabled student with an IEP, the IEP team will make that

determination. When the entrance of that pupil into a class causes above

normal time requirements on any classroom teacher (academic,

nonacademic, and laboratory), efforts will be made to assist the teacher

by reduction of class load, a trained classroom aide, or some other

mutually acceptable alternative. When questions arise regarding the

distribution of students among the available classrooms, the teacher will

bring the issue to the attention of the building principal who will attempt to

resolve the problem. If in the opinion of the teacher the resolution is not

satisfactory, the teacher schedule review board will be used as a review

vehicle. The same procedure is to be used at all levels.

3. For both scheduling and compensation purposes, all students on IEPS

spending the majority of the student day in a self-contained special

education classroom will be considered as a 2.0 FTE student when

participating in the regular education classroom.

4. When students on IEPs are to be assigned to regular education

classrooms, volunteers will be sought among appropriate teachers. In the

absence of volunteers, such students will be distributed equally among

the appropriate teachers to the extent possible.

5. The same class size caps as a regular academic class will apply in co-

teaching classes; as such classes are defined in paragraph 9, a., below.

Compensation shall be provided to the regular education teacher in

accordance with this article for those students that exceed these caps.

6. When a waiver for exceeding class size is foreseen, the teacher involved

will be consulted in advance and alternatives to a waiver request will be

explored and implemented to the extent feasible. If a waiver is obtained,

the teacher in the affected unit will receive a stipend calculated in the

same manner as provided for an "overload" student in a regular class.

7. In-service related to increasing teacher effectiveness with students on

IEPS will be made available and, if held during the school day, required

of all certified/licensed personnel.

8. Intervention specialists responsible for providing tutoring services shall

have workloads consistent with those of cross-categorical service

providers.

9. a. For purposes of this agreement, co-teaching involves an intervention

specialist and regular education teacher educating IEP students in a

"regular education classroom" both teachers will work in an

instructional capacity with the IEP students and other students on

instructional activities. Students in such classes are not weighted.

In the event that it is necessary to create a content area co-teaching

class, current policies regarding voluntary and involuntary

reassignment or transfer within a building shall be followed. In the

absence of volunteers for co-teaching assignments, the intervention

specialist or regular educational teacher informed of such an

assignment shall also be informed, in a timely fashion, as to where

he/she may obtain training and/or in-servicing in the co-teaching

delivery model.

b. If a student is on an IEP and spends the majority of his/her day in a

self-contained special education classroom, and such student (with

one or more of the following identified disabilities: CD, ED, MH, OH,

or VI) is educated in a regular education classroom that student is

weighted as 2.0 FTE for both class size calculations and

compensation, as provided in this article.

Reasonable attempts will be made to schedule no more than two (2)

students requiring formal intervention services for identified

behavioral/emotional disabilities (ED) in a regular education content

area class setting at any one time.

The Board shall take the composition of the class into account with

respect to assignment of aides to cross-categorical classrooms. This

general practice is drawn from OAC 3301-51-09(G)(3).

The Board shall continue to take into account the needs of special

and regular education students as class schedules are developed.

The Board shall continue to follow State Standards regarding class

size where identified students are educated in a regular education

classroom.

c. Situations may arise that involve the placement of a student with an

IEP (with one of more of the following identified disabilities: CD, SED,

MH, OH, VI, OR OHI) into a "regular education classroom," provided

the student does not have supportive services from an special

intervention specialist, for one or more class period and who does not

come from the self-contained special education classroom. In that

event, the IEP Team shall determine if the student with the IEP in that

circumstance shall be weighted. If the team decides to weight, the

student shall be considered the same for class size and

compensation as in paragraph b, above. The IEP Team shall

consider the following general areas in making its determination:

-- Academic needs

-- Adaptive behavior

-- Behaviors

-- Supportive services

-- Special needs

-- Regular classroom profile

When a teacher has a question regarding a student with another

disability and whether that student should be weighted the teacher

schedule review board may be used as a review vehicle.

d. For the purposes of this agreement a self-contained special

education classroom is a class in which the intervention specialist is

the sole provider of academic instruction in one or more of the

following primary content areas: language arts, math, science, and

history/SS.

e. For the purpose of this article, "Regular education classroom"

includes all "non-special education" classes except home ec., shop,

phys. ed., shorthand, typing, art, music, driver training, and

keyboarding.

f. Regardless of weight, lab classes may be scheduled to maximum

capacity.

g. No additional weighting will be accorded to a student who leaves a

"regular education classroom" to receive instructional services in a

resource/ intervention room for special education support services. If

a student's regular placement is in the "regular education classroom"

and the student receives tutoring/supportive services in that regular

classroom setting, no additional weighting will be accorded that

student.

10. Every attempt will be made by the District to evenly distribute the

assignment of students who require alternative assessment among

intervention specialists within each building.

Determination of a student’s need to participate in an alternative

assessment, as opposed to participating in state assessments, shall be

made by the IEP team at an IEP meeting.

11. Regular education teachers with the responsibility for IEP implementation

will be provided with a copy of the IEP by the IEP team, advised as to

what they are responsible to do to help achieve IEP goals and objectives

and advised who they should talk to, fellow teacher or administrator, if

they have questions or concern about IEP implementation, in a timely

fashion. Intervention specialists are responsible for sharing with direct

service aides and their regular education colleagues updates they receive

from the District regarding special education law and regulations.

12. With respect to IEP development, the following procedures will be

followed:

a. Regular education teachers and intervention specialists and related

service providers (as applicable) responsible for implementation of

goals and objectives on an IEP will be notified of the IEP meeting in

time to provide input on goal and objective completion for that year

and goal and objective development for the following year.

b. The intervention specialist with IEP responsibility will be in contact

with the responsible regular education teachers, including specialists,

in advance of the meeting to secure their input as noted above.

c. Compliance with re-authorized IDEIA is satisfied by a general

education teacher’s attendance and participation at the IEP meeting

in accordance with the operating standards. The intervention

specialist with IEP responsibility will attempt to schedule attendance

by the regular education teacher with the most significant contact with

the student. Where uncertainty exists as to that person, the

intervention specialist will make the determination.

d. If an IAT, IEP, or MFE meeting must be scheduled before or after the

teacher day to accommodate parent attendance, or during a

teacher’s conference/planning/duty-free lunch period, those teachers

who are required members, or whose attendance is requested by the

administrator will be compensated at the negotiated hourly

compensation rate of Article XII (F) (4).

e. After the IEP is completed, the intervention specialist will insure that

all IEP team members for the following school year receive a copy of

the IEP and “IEP At A Glance” and are aware of the location of other

relevant materials, for example, multi-factored evaluations, for each

student for whom the staff member(s) will have program

responsibility.

f. Intervention specialists will be provided four (4) release days, within

the school building, 1 each grading period, for the preparation of IEPs

and quarterly progress reports. A substitute teacher may be provided,

as determined by the building administrator.

a. Substitute coverage is required for self-contained intervention

specialists

1. Only one self contained intervention specialist per building, per

day, can request substitute coverage

2. If substitute coverage is unavailable on a given day, the self

contained intervention specialist must reschedule the day.

b. Unused release days cannot be carried over to the following

quarter.

g. Intervention specialist can be required to write IEPs up to Ohio’s

Operating Standards for Schools Serving Children with Disabilities

ratio requirements for students for whom they do not otherwise have

instructional responsibility. Any bargaining unit member who writes

the IEP for an identified student over the Ohio Operating Standards

ratio requirements, only as a consultant and not as the teacher of that

child, shall receive eighty-five dollars ($85) per IEP, per year.

h. Intervention specialists will provide support for a student on an IEP in

any setting in accordance with the student’s IEP.

13. The Board will explore the possibility of offering K-1 transitional class

in every elementary building.

14. Medically fragile students who are technology-dependent will have

appropriate medical personnel available. No teacher will be required to

assist a student with nursing tasks.

2. ELEMENTARY REGULAR EDUCATION CLASS SIZES

a. Subject to paragraph b below, for staffing purposes, the maximum

class size is twenty-five (25) in grades K-3 and thirty (30) in grades 4

and 5. Classes first shall be scheduled near the end of the preceding

school year at two (2) below these numbers and shall be staffed at

those numbers if increasing to the maximum would result in a

reduction-in-force in the elementary grades. (However, movement of

a teacher from one assignment or building to another due to class

numbers shall not be considered a reduction-in-force.) A decision to

increase the class size numbers from twenty-three/twenty-eight

(23/28) for staffing purposes should be made as late as practicable,

while still permitting appropriate scheduling of students.

b. One (1) additional student may be assigned to a teacher at the

overload pay rate set forth in the Board-WETA Agreement if it would

otherwise be necessary to employ additional teachers, add to the

physical plant or open a closed facility, redistrict attendance zones,

form a split or a new class after the first twenty (20) school days of

the semester, or move or eliminate an existing program after August

1 of the school year. In addition to being assigned a student, a

teacher may voluntarily agree to an overage of one (1) or two (2)

students at the overload pay rate.

3. ELEMENTARY REGULAR EDUCATION CLASS SIZES WHERE THERE

ARE STUDENTS ON IEPS SPENDING THE MAJORITY OF THE

STUDENT DAY IN A SELF-CONTAINED SPECIAL EDUCATION

CLASSROOM

a. When students on IEPs are to be educated in a regular education

classroom, volunteers will be sought first among appropriate

teachers. In the absence of volunteers, the assignment where

students on IEPs are educated with their non-disabled peers shall be

rotated among appropriate teachers.

b. For overload compensation purposes, the number of students in

classes including students on IEPs as described in paragraph 3(a)

above in grades K-3 shall be twenty-three (23), with twenty-eight (28)

for overload compensation purposes in grades 4 and 5. These

numbers include students as described in paragraph 3(a) above;

each of whom shall be counted as 2.0 FTE. Their FTE shall be

multiplied by the amount of contact time with a teacher to determine

the compensation. As an example, a first grade class with twenty-

one (21) regular education students and one student on an IEP is a

class size of twenty-three (23). Where two (2) students on IEPs are

assigned to the class at the same time, and where nineteen (19)

regular education students are in the class, the class size in the first

grade would be twenty-three (23).

c. The total maximum of students (FTE) at any one (1) time in a regular

education classroom with students on IEPs spending the majority of

the student day in a self-contained special education classroom K-3

class may be twenty-seven (27) and thirty-two (32) in grades 4 and

5. Such additional students over 25/30 FTE may be assigned at the

overload pay rate if, to limit class size to twenty-three (23) (twenty-

eight [28] in grades 4 and 5), it would be necessary to hire an

additional teacher, add to the physical plant, open a closed facility,

redistrict attendance zones, form a split, a new class after the first

twenty (20) school days of a semester, or move or eliminate an

existing program after August 1 of the school year. Before the Board

invokes the option set forth in this paragraph with respect to FTE

class sizes in regular education classrooms with students on IEPs

spending the majority of the student day in a self-contained special

education classroom, the Assistant Superintendent shall advise the

WETA President of the situation and consult with the WETA

President or her/his designee about the matter.

d. Overload students shall be assigned in reverse order of teacher

seniority, i.e., the least senior teacher will be assigned the first

overload students. When the option exists, it is preferable to assign

a student overload than to form a split class, but either or both options

may be utilized prior to hiring an additional teacher.

e. In instances where teachers “trade” classes to teach different

subjects, a student on an IEP spending the majority of the student

day in a self-contained special education classroom shall be counted

at 2.0 FTE for only one of the teachers.

f. A teacher with students on IEPs spending the majority of the student

day in a self-contained special education classroom may accept

overload students, as may other teachers.

g. When a student who has been in a class as a regular education

student is assigned a weight as a result of the weighting team process

described elsewhere, the student shall remain in the class regardless

of the number of students in that class, but the teacher shall be paid

at the overload rate for regular education classes having students on

IEPs spending the majority of the student day in a self-contained

special education classroom, i.e., over 23 FTE students in grades K-

3 and over 28 FTE students in grades 4-5, with respect to that student

effective with the first day of the weighting determination.

h. Overload pay in regular education classrooms where students on

IEPs spending the majority of the student day in a self-contained

special education classroom classes shall start with the 24

FTE

student in grades K-3 and the 29

FTE student in grades 4-5. An

example of the agreed calculation method follows:

In a grade 1 class with twenty-three (23) regular students and two (2)

OH students, each in the class for thirty (30) minutes per day and at

the same time (one hundred fifty [150] minutes per week):

Weighting class size:

27 – 23 = 4

150/1,475 = .10 x $1,000/semester = $100 x 4 FTE students =

$400/semester

4. SPLIT CLASSES

a. No split classes shall exceed twenty-three (23) pupils in Grades 1, 2,

3; or twenty-eight (28) pupils in Grades 4-5. A split class may not

accept additional students.

b. The administration will involve teachers in the decision process with

respect to the creation of split classes. The District will make every

reasonable effort to avoid split classes which may result in larger

class sizes in single classrooms.

c. Reasonable effort shall be made to avoid split (combination) classes

in the elementary grades. If a split becomes necessary,

consideration shall be given to the suitability of the students for

independent work when they are selected for inclusion in the class.

d. Split classes will only be utilized at the elementary level to avoid the

need for additional facilities.

5. ELEMENTARY ASSIGNMENTS

a. No K-5 grade teacher will be assigned more than fourteen hundred

seventy-five (1475) minutes per week of pupil contact time

(instructional and supervisory time). No sixth grade teacher will be

assigned more than fourteen hundred sixty (1460) minutes of student

contact time.

b. When the administration is making student classroom assignments

of an elementary student, the administration will give serious

consideration to teacher recommendations regarding student

placement.

c. A classroom teacher or intervention specialist who brings her/his

class to the library/media center is required to remain with said

students in that location and to continue to provide instructional

support and assistance to said students in that location.

6. SPECIALISTS - It is the intent of the administration as indicated in Section

I to provide for specialist teachers as listed below, in accordance with the

following minimum ratios in each area:

a. RATIOS

(1) Vocal Music 1:500 pupils*

(2) Physical Education 1:500 pupils*

(3) Art 1:500 pupils*

(4) Instrumental Music 1:100 pupils*

(5) Speech

LANGUAGE PATHOLOGISTS 1:2000 pupils (1:60 qualified)

(6) Psychologists 1:2500 pupils

(7) Reading Specialists 1:1000 pupils

(8) School Counselors 1: 700 pupils

(9) Nurses 1:2000 pupils

(10) Librarians/Media Specialists 1:2000 pupils

(11) Such other specialists as may be required by State Minimum

Standards in such ratios as are required.

(12) ESL Tutors (Per ODE Standards)

*(1), (2), (3), and (4) refer to elementary only.

b. No specialist position will be eliminated that results in a reduction of

the intended ratios listed above.

c. TEACHER DAY - The maximum teaching day for any elementary

teachers serving as specialists shall be three hundred twenty (320)

minutes per day.

d. CONTACT TIME - No K-5 grade specialist teacher will be assigned

more than fourteen hundred seventy-five (1475) minutes per week of

pupil contact time (instructional and supervisory time). The same limit

shall apply to elementary specialist teachers involved with sixth grade

students if the sixth grade is organized on the elementary model. No

sixth grade specialist teacher (unless operating on the elementary

model) will be assigned more than fourteen hundred sixty (1460)

minutes per week of student contact time.

e. CONFERENCE TIME - An elementary Specialist, including nurses,

shall receive no less than one hundred fifty (150) minutes per week

of planning/conference time. This amount includes any time the

teacher spends outside the classroom due to presence of a specialist

teacher.

f. CLASS LOAD - Specialist teachers in grades K-5 shall be assigned

an elementary load of a single class plus any students assigned in

accordance each student’s IEP. Class sizes for specialist classes

shall not exceed thirty-two (32) students in grades K-3 and thirty-five

(35) students in grades 4 and 5. Students in specialist classes shall

not be weighted.

g. For both scheduling and case loads of speech pathologists, a student

with severe language delay as determined by the IEP team shall be

considered 2.0 FTE when participating in speech.

h. Specialists will be assigned no more contact time, inclusive of travel

time, if any, than is permitted of other teachers in the respective

building.

i. To the extent feasible without a change in minutes of student contact

time or preparation time for teachers or specialists, a break/passing

time will be provided for specialists between sections at the

elementary level, inclusive of 6th grade where applicable. The

teacher schedule review Board may be used as a mechanism to

study such feasibility.

j. When a specialist (music or P.E.) is assigned a teacher's class and

the class has one or more "overload" students for which the teacher

is being compensated, the specialist will also receive a stipend of

seventy dollars ($70) per semester that each such student is in the

specialist's class, provided that the specialist teacher shall receive

the greater of this amount or the amount determined in the next two

(2) paragraphs.

When specialist teachers in grades K-5 have classes which include

both regular and one (1) or more students on IEPs with one (1) or

more of the following disabilities—MD, ED, ID, OH, AU or VI--the

teacher will be compensated at a rate of seventy dollars ($70) for

each student per semester when the class exceeds twenty-five (25)

students in grades K-3 and 30 students in grades 4 and 5 for physical

education and music classes or will receive the compensation

provided for in the paragraph above, if eligible, whichever is greater.

For each excess FTE student in Grades K-6 (self-contained special

education classrooms) and Grades 6-12 (subject specific

classrooms) assigned to a teacher as of the tenth student day of each

semester, there shall be a stipend to the teacher of one thousand

dollars ($1,000) per semester/seventy dollars ($70) flat rate for

specialists.

k. When an aide is provided in special education classes, said aide will

be provided as scheduled by the intervention specialist. This shall not

require the Board to hire additional aides.

l. Music teachers shall meet on an annual basis with representatives of

the administrative staff to discuss the allocation of teaching

assignments in the music area for the following school year; teacher

attendance at this meeting is not mandatory. The purpose of this

meeting is to develop a plan for the allocation of current staff for the

coming school year, in such a manner that the maximum utilization

of current staff can be achieved.

m. The District shall assign a cooperating art teacher at .60 FTE.

C. SECONDARY SCHOOLS (GRADES 6-12)

1. Whenever the sixth grade program at the middle school uses the

elementary, self-contained, multiple subject block of time model, the

provisions for elementary schools, as provided in Section A of this Article,

apply to such programs.

2. Whenever the program at the middle school, including sixth grade, is

using the secondary, subject specific model, the provisions under Section

B., 2, below, apply.

a. In either model, elementary or secondary, the maximum student

contact time for any middle school teacher shall not exceed fourteen

hundred sixty (1460) minutes.

b. Middle and high school teachers, including middle school specialists,

will have a minimum of two hundred twenty-five (225) minutes

(exclusive of passing time) planning/conference time per week.

c. The standard for middle and high schools will be a maximum of one

hundred fifty (150) to one hundred sixty (160) students per day within

a five (5) period day subject assignment. For middle and high school

teachers with a six (6) period day subject assignment, the desired

maximum numbers of students per day shall be one hundred and

seventy (170), provided that non-academic classes such as music

and physical education may be higher. Beginning with the 2012-13

school year, a high school teacher may be assigned six (6) teaching

periods per day and no more than thirty (30) student contact periods

per week.

If class size goes over the one-hundred seventy (170) the following

scale will be used for overage payment:

171-175 students $200 per student

176-180 students $300 per student

181-185 students $400 per student

186-190 students $500 per student

191-195 students $600 per student

196-200 students $700 per student

Teachers who are assigned six teaching periods at the secondary

level will be paid a stipend of one thousand dollars ($1,000.00) per

semester for such assignment.

During the spring of the 2011-12 school year and each spring

thereafter, the secondary building administration will send an email

and canvas faculty members in each building to determine which

faculty members will volunteer to take on a sixth assignment for the

following school year. WETA President shall be copied on the emails.

If there are insufficient faculty volunteers, then the secondary

administration will make the assignment of six (6) teaching periods

based on seniority, i.e., teachers with less seniority in the affected

area of licensure will receive the sixth assignment first.

The athletic director at the middle schools will not be subject to a sixth

) teaching assignment.

Trade & Industrial (T&I) instructors at the Technical Center may be

assigned six (6) instructional periods or their equivalent blocks of time

if the time is required by the state.

In the event that non-equivalent blocks of time are required for

student instruction, pay for such contact time shall be prorated on the

basis of a two hundred seventy (270) minute day of contact time. The

resulting factor shall be multiplied by the annual salary of the

incumbent teacher to determine the additional pay. The amount of

excess contact time and the resulting factor is not guaranteed from

year to year. This factor shall not apply to teachers in the nursing

program, who shall not be assigned an average over two (2) weeks,

more than two hundred seventy (270) minutes per day of contact

time. Teachers in the nursing program shall not be assigned more

than sixty (60) student periods over two (2) weeks.

3. SECONDARY REGULAR EDUCATION CLASS SIZES

a. For staffing purposes, the maximum class size is thirty-two (32) in

grades 6-12. Classes first shall be scheduled near the end of the

preceding school year at three (3) below these numbers and shall be

staffed at those numbers if increasing to the maximum would result

in a reduction-in-force at the secondary level. (However, movement

of a teacher from one assignment or building to another due to class

numbers shall not be considered a reduction-in-force.) A decision to

increase the class size number from twenty-nine (29) for staffing

purposes should be made as late as practicable, while still permitting

appropriate scheduling of students.

b. One (1) additional student may be assigned to a teacher at the

overload pay rate set forth in the Board-WETA Agreement if, as a

result, it would otherwise be necessary to employ additional teachers,

add to the physical plant or open a closed facility, redistrict

attendance zones, form a new class after the first twenty (20) school

days of the semester, or move or eliminate an existing program after

August 1 of the school year. In addition to being assigned a student,

a teacher may voluntarily agree to an overage of one (1) or two (2)

students at the overload pay rate.

c. WETA and the Board agree that no more than one hundred seventy

(170) students enrolled in programs in Willoughby Eastlake schools

may be enrolled in any school year in the Bridge to Success (“BTS”)

program. WETA agrees that it will not dispute the status of the

current four faculty members at BTS. Should the BTS program

require additional licensure areas the Board will post the positions for

WETA members who shall be employed on a supplemental contract

and paid at the hourly rate set forth in Article XII (i).

4. Secondary regular education class sizes with students on IEPs spending

the majority of the student day in a self-contained special education

classroom.

a. For overload compensation purposes, the number of students in

classes including students on IEPs as described in 4 shall be thirty

(30). These numbers include students on IEPs as described in 4

above; each of who shall be counted as 2.0 FTE (regardless of the

amount of time the student actually spends in the class). As an

example, a ninth grade science class with twenty-seven (27) regular

education students and one student on an IEP spending the majority

of the student day in a self-contained special education classroom is

a class size of twenty-nine (29). Where two (2) mainstream on IEPs

spending the majority of the student day in a self-contained special

education classroom are assigned to the class at the same time, and

where twenty-five (25) regular education students are in the class,

the class size would be twenty-nine (29).

b. The total maximum of students (FTE) at any one (1) time in a

secondary regular education class having students on IEPS spending

the majority of the student day in a self-contained special education

classroom shall be thirty-two (32). Such additional students over

thirty (30) FTE may be assigned at the overload pay rate if, to limit

class size to thirty (30), it would be necessary to hire an additional

teacher, add to the physical plant, open a closed facility, redistrict

attendance zones, form a new class after the first twenty (20) school

days of a semester, or move or eliminate an existing program after

August 1 of the school year.

c. Before the Board invokes the option set forth in paragraph 12 above

with respect to FTE class sizes in classes having students on IEPs

spending the majority of the student day in a self-contained special

education classroom, the Assistant Superintendent shall advise the

WETA President of the situation and consult with the WETA

President or her/his designee about the matter.

d. When a student who has been in a class as a regular education

student is assigned a weight as a result of the weighting team process

described elsewhere, the student shall remain in the class regardless

of the number of students in that class, but the teacher shall be paid

at the overload rate for classes, having students on IEPs spending

the majority of the student day in a self-contained special education

classroom, i.e., over 30 FTE students in the secondary grades, with

respect to that student effective with the first day of the weighting

determination.

e. Any student assigned weighted status for an identified disability prior

to the 2006-2007 school year shall continue to receive the same

weighted status until the IEP team determines that the student no

longer qualifies for services which require weighting or until the

student is dismissed from special education services.

f. The maximum class size for classes that, according to the course of

study, are for the purpose of meeting minimum competency based

testing and state proficiency tests shall be thirty (30).

g. A teacher in grades 6-12 shall receive pay for excess class load in

one (1) of three (3) alternative ways:

• Two Hundred Dollars ($200) for each student defined above as an

overload student, or

• Two Hundred Dollars ($200) for each class which exceeds thirty

(30) students, when the teacher has at least three (3) such classes

in a five (5) period day, or

• Two Hundred Dollars ($200) for each student over a total of one

hundred fifty (150) students in five periods in a day.

The alternative selected to determine the proper pay shall be that

which produces the maximum pay for the overload teacher. Class

size restrictions for calculation of overload pay shall be based only on

academic classes taught by the teacher. In the event a student

withdraws from a class, thus reducing the number of students for

which overload pay has occurred, another student may be placed into

the class without added pay.

h. Overload pay in classes having students on IEPs spending the

majority of the student day in a self-contained special education

classroom in secondary schools shall start with the 31

student.

i. "Academic class" shall be defined as all classes other than

laboratory, performing groups, and physical education classes. Non-

academic classes and class load restrictions are:

Course Class Size

*Physical Education 40

Shop, Home Economics, and

Career Tech/Tech Prep 26

Music (non-elective) 40

Art (non-elective) 35

Driver Training Coordinated at building level

Shorthand I and II Coordinated at building level

Keyboarding Coordinated at building level

*The class size limitations for physical education will be followed,

provided the district has the physical facilities to comply with the

restriction.

j. No teacher involved in departmentalized instruction shall be required

to maintain more than three (3) preparations unless a greater load is

voluntarily accepted by the teacher. If multiple levels of the same

course are established, they shall be considered separate

preparations. Assignments for HPE, music, special education, and

other similar type of assignments shall be excluded from these

restrictions.

k. All laboratory classes such as art, computer science, chemistry, and

physics will not exceed the number of students and teacher units for

which the lab or facility was designed, with a view toward making the

labs consistent with good educational and safety factors. (This also

applies to elementary science labs.) Physical education classes shall

also be designed to be consistent with safety factors.

l. Large group instructions, team teaching, small group teaching,

performing groups, and all other teaching "innovations" will be taken

into consideration and the class size figures agreed to will be altered

to suit the best interests of the students' educational needs. These

will be altered only after such "innovations" have been thoroughly

discussed by the principal and teacher or teachers who have willingly

agreed to work under the changed conditions.

m. Study hall assignments shall be limited to no more than eighty (80)

students for every certificated employee working on that assignment.

n. The Administration shall retain the sole and exclusive right to

determine the number of periods within the scheduled school day,

provided that there are no more than nine (9) periods in a day and

that no period is longer than forty-five (45) minutes in length.

o. A classroom teacher or intervention specialist who brings her/his

class to the library/media center is required to remain with said

students in that location and to continue to provide instructional

support and assistance to said students in that location.

p. Reasonable effort will be made to distribute student load at the

secondary level equally among teachers of a department, with due

consideration given to variables such as type of course.

D. GENERAL PROVISIONS FOR WEIGHTING

1. With respect to the weighting process for a student on an IEP spending

the majority of the student day in a self-contained special education

classroom who has not previously been included in a regular education

setting, the regular classroom teacher who believes one of her/his

students should be weighted is responsible for providing, to the weighting

review team, written documentation which supports his or her request.

The documentation shall be provided on a form (See Appendix)

developed by the Director of Pupil Services and shall provide data to

support the teacher’s contention that because the special education

student requires additional work, the student deserves to be weighted.

The weighting review team will be composed of members of the IEP team

plus such additional persons as the team deems necessary, but including

the current classroom teacher and the prior year’s classroom teacher

where feasible. The weighting review team will consider the supporting

documentation provided by the classroom teacher. The team will try to

brainstorm solutions and will reach its decision on weighting in a

consensus fashion. The weighting review team will not engage in voting.

The following procedures will be used when considering a student for

weighting:

a. The teacher who serves the student requests in writing a meeting to

consider weighting the student.

b. Within thirty (30) days of the teacher’s written request, the Principal

convenes the team. The team should include members of the IEP

team who have knowledge of the student and the rationale for the

current placement, the school psychologist, related service

personnel, the classroom teacher, and others who have worked with

and have knowledge of the student, and staff members who are

expected to provide services to the student.

c. The teacher who requested the meeting should present the

documentation that supports the consideration of weighting the

student.

d. The team decision should be based on consensus.

e. Within sixty (60) days of the teacher’s written request, the team’s

decision will be implemented. If a student is to be weighted, the team

decision should be sent to the Assistant Superintendent and the

Director of Pupil Services.

f. The placement and determination to weight a student should be

reviewed on an annual basis.

2. The date to be used for calculation of class size will be the first full week

of October for the first semester, with class sizes for the second semester

established by the tenth student day.

3. The Board and WETA agree that students on IEPs spending the majority

of the student day in a self-contained special education classroom do not

count as two in co-teaching classes.

E. TEACHER SCHEDULE REVIEW BOARD - In the event a teacher feels that

he/she has an unreasonable schedule, workload requiring extraordinary

preparation and planning and/or service responsibilities or a class size

problem, inclusive of a class size which creates safety hazards because of the

capacity of the facility, he/she may ask for, and will receive, a hearing of his

complaint by a Teacher Schedule Review Board. The teacher will submit to

the President of WETA a written request for a Schedule Review Board. The

President of WETA shall notify the Superintendent.

The Schedule Review Board shall consist of three (3) teachers selected by

WETA who are not involved in the conflict and three (3) administrators

appointed by the Superintendent who are not involved in the conflict. The

Review Board shall, upon request of the teacher(s), conduct hearings and

issue a report and recommendation on such problems to the teacher(s) and

Superintendent.

The teachers and administrators shall each appoint one of their members to

co-chair the proceedings. Co-chairpersons will be responsible to establish

and maintain time limits and to report on the proceedings. Copies of this

written report shall be sent to the teacher(s) who initiated the Schedule Review

Board, the Superintendent, the President of WETA, and the principal(s) of the

school(s) affected by the issue. This report shall be completed within ten (10)

school days following the final Review Board Hearing.

The implementation of the Teacher Schedule Review Board shall represent a

mutually agreed extension of grievance time limits for any related grievable

issue.

F. PLANNING/CONFERENCE TIME (PCT)

1. A teacher with a PCT period during the first period of the day must be at

school at the beginning of the teacher’s work day, unless the building

principal agrees otherwise. As well, a teacher with a PCT period during

the final period of the day is expected to be in the building at dismissal,

unless the building principal agrees otherwise. A teacher with a

supplemental contract with the district and a final PCT period may perform

such supplemental duties during that period, including duties at another

district site.

2. Meetings with and telephone calls and emails to parents and guardians

during PCT are not eligible for added payment, but a teacher is eligible

for period payment where she/he is scheduled to take part in any meeting

with a parent during such period where the meeting is scheduled by

someone other than the teacher. Prior to scheduling a meeting during a

teacher’s PCT, the individual will consult with the teacher and try to reach

agreement on the scheduling of the meeting.

3. Teachers may leave the building during their PCT to attend to personal

business provided the building administrator is informed of these

absences in person, via email, or phone. “Personal business” does not

include any activities for profit or for another employer.

4. Pay will not be made for any part of a teacher’s day while on field trips,

except for lunch, and then only when the teacher cannot obtain other

persons to supervise students on the trip.

G. PUPIL SERVICES

1. Pupil services shall include the following: nurses, speech language

pathologists, psychologists, audiologists and ESL teachers. Evaluations

shall be conducted annually by the pupil services director or appropriate

administrative designee.

2. a. Upon a general consensus of staff within a pupil personnel

department and upon a timely request of the staff, an opportunity for

input to the administration concerning scheduling and building

assignments will be provided.

b. This shall neither require alteration of current schedules or

assignments nor shall it require negotiations over scheduling and

assignments.

c. This provision shall not preclude an individual from discussing his/her

schedule and/or building assignment with the administration.

d. Meetings held pursuant to this section shall not be considered as one

of the meetings as per Article V, B, 2.

3. All pupil services including nurses will have a minimum of forty (40)

minutes uninterrupted duty-free lunch period, excluding passing time.

H. SUBSTITUTION

1. In the event that regular substitutes are not available or a teacher's class

needs to be taken over in an emergency, teachers may volunteer to serve

as period substitutes during their regular preparation period. Except in

the event of an emergency, intervention specialists will not be used for

substitute duty in another class.

2. The administration may assign a regular teacher as a substitute teacher

under the following circumstances:

a. Where no regular or listed substitute is available.

b. In the event a teacher's class must be taken over in an emergency.

c. Where no qualified teacher volunteers.

Such assignments shall be made from available teachers within a building

on a rotating basis.

3. Any teacher will be paid at the rate of fifty (50) cents per minute of

coverage for assuming substitute teaching duties. For the purposes of

this section, a teacher is also considered to be a substitute when another

teacher's class is given to the teacher in addition to the teacher's regular

class.

Payroll authorization forms will be available in the main office and the

teacher’s lounge in each building. Additionally, a copy of the form shall

be included in the teacher’s first day packet. The teacher is to complete

the form with requested information and return it to the building office the

teacher’s next workday. The duty shall be paid within three weeks of the

duty if the teacher returns the form by the day after the duty. The first of

the year staff meeting shall include a discussion of issues relating to the

form and substitute and extra duty pay. Teachers are not to be

discouraged from requesting or submitting a form.

4. If it becomes necessary for speech language pathologists to absorb the

caseload of another speech language pathologist for any reason, the

affected speech language pathologist will be paid at the rate of thirty

dollars ($30.00) per additional student per semester where the receiving

pathologist’s resulting case load exceeds the negotiated limit. If an

extenuating circumstance exists, the director of pupil services will

consider the pathologist’s request for additional release time.

5. In "low incidence" classes or other special needs classes where aides are

usually provided, a substitute aide will be provided when said aide is

absent from duty, providing a substitute aide is available.

6. In "low incidence" classes or other special needs classes where nurses

are usually provided, a substitute nurse will be provided when said nurse

is absent from duty, providing a substitute nurse is available.

7. Every reasonable effort shall be made to avoid using intervention

specialists for substitute duty in another class.

I. GENERAL

1. As indicated above, the administration agrees that every effort will be

made to comply with the above-stated class size and specialist standards,

however, it is agreed that final compliance with these guidelines rests

within sound discretion of the administration except where specific limits

are identified.

2. It is understood the district financial condition, neighborhood situations,

needs of teachers, parents, and children are prime elements the

administration considers before it renders final decisions.

3. There will be no subcontracting of existing bargaining unit positions. This

shall not be interpreted to restrict the use of courses or activities offered

through non-district agencies or personnel.

4. Upon completion of the existing contract with the Lake County ESC for

the operation of the Kennedy Academy SAIL and LEAD programs, the

Association and Board of Education shall meet to bargain the effects of

contract extension.

5. Teachers may have, if they desire, input regarding class

groupings/schedules and assignments. At the elementary level in

consultation with teacher representatives, the building principal will

attempt to allocate the assignment of special education students in an

equitable manner.

6. Job Description Committee – Agreed upon job descriptions shall be

displayed in this contract. (See Appendix VII) any changes therein are

subject to negotiations between a job description committee appointed by

the WETA and Administration.

7. The Administration will assume the responsibility for the administration

and scoring of dibels and running records in Grades K-8 in order for

teachers to use the results to drive instruction.

ARTICLE VII

VACANCY, TRANSFER, AND REASSIGNMENT

A. VACANCY

1. A vacancy is defined as a bargaining unit position that is or will become

available on or before the beginning of the next school year. Except as

otherwise provided in this Agreement, the Board is not required to fill any

vacancy. If the Board intends to fill the vacancy it will be posted within

thirty (30) working days of knowledge of the vacancy; otherwise the Board

will notify the Association of its intent not to fill the vacancy. This shall not

prevent the Board from subsequently deciding to fill the vacancy. In the

event the vacancy is not filled, specific reasons will be provided the

Association.

A vacancy arising on or after July 10 may be posted or may be filled for

the remainder of that year by a temporary employee and if to be filled for

the following year treated as a vacancy and so posted in a timely manner.

2. A timely dated, official posting of all known vacancies shall be made in

each building with copies sent to the President of the Association. They

should be dated as to when to be posted in buildings. No vacancy shall

be filled except in case of emergency and on a temporary basis, until it

has been posted for at least five (5) teacher work days during the school

year, or five (5) calendar days during the summer. (For example, an

emergency may be considered to exist if the vacancy is not filled two (2)

weeks before the first student day of each semester; for purposes of

posting, summer shall begin the first day after teachers' last school day

and end July 31.

3. When a position is vacant for reasons other than a lay-off, and there is a

teacher on lay-off who should be recalled to said position, no posting is

required. Teachers on lay-off do not have bidding rights prior to being

formally recalled. However, in the event that a teacher qualifies for more

than one vacancy and is to be recalled, the teacher may choose the

assignment to take, but must make such choice within five (5) week days

of being offered the choice. In the event that more than one laid off

teacher qualifies for the positions, said positions shall be offered first to

the most senior laid off teacher. A person whose position

(certification/licensure) is eliminated or who fails to maintain his/her

certification/licensure, does not have the right to have positions

(vacancies) in some other certification/licensure held until he/she secures

the needed certification/licensure in the other certification/licensure area.

4. PARTIAL VACANCIES

a. Other than for new positions, it shall not be mandatory to post any

"partial" vacancy in a building that expands a part-time position,

unless the partial assignment has the effect of creating a full-time

position in place of a previous part-time position. (For example, if a

teacher in a building has a part-time assignment and additional

classes are needed in that teacher's certification/licensure area in

that building, the additional classes may be assigned to the part-time

teacher without posting, unless the additional classes make the

partial teacher full-time in that building, in which case the entire

position shall be posted as a regular assignment. However, if there is

a person who has a right of first refusal on file with the central office

or who has recall rights, he/she shall be offered the full position.

b. Should a displacement of the part-time teacher occur because of this

exercise of a right of first refusal or recall, the displaced teacher shall

be considered unassigned and treated as any other unassigned

teacher.

c. In the event there is a partial assignment in one building and no part-

time teacher in that building who could be assigned the additional

classes, a part-time, properly certificated/licensed teacher in another

building shall be given the assignment. If there is more than one part-

time teacher, in such cases the position shall be offered to them in

order of seniority.

d. No part-time employee may be employed for more than three (3)

student contact periods per day or more than seventy percent (70%)

of weekly student contact time–whichever model is applicable. If an

employee is assigned four/day or more student contact periods or

more than seventy percent (70%) of weekly student contact

minutes/week, the employee shall be deemed full-time. [The part-

time/full-time status of tutors shall be addressed by Article XXII of this

Agreement.]

5. TEMPORARY POSITIONS

a. A "temporary vacancy" is a vacancy created by the need to replace a

teacher on leave of absence that is expected to last more than thirty

(30) work days or is created by the need to provide temporary

supplemental instructional assistance to students during regular

school days and hours. Such a vacancy is no longer temporary if it

lasts more than two (2) consecutive semesters for replacement or

one (1) quarter for supplemental assistance.

b. A "temporary employee" may be hired in lieu of posting and bidding

to fill a temporary vacancy to replace a regular employee on a long-

term leave of absence for a period not to exceed two (2) consecutive

semesters (i.e., "Long-Term Substitute") or to provide temporary

supplemental instructional assistance for a period not to exceed one

quarter (e.g., "Proficiency Test Teacher") except that recall rights

must be honored first. This section may not be used for supplemental

after school, evening, weekend, or summer activities or summer

school.

B. DEFINITIONS

1. "Reassignment" means a change in the grade assignment of a teacher

within a building including a change to a combination class in the

elementary level.

2. "Transfer" means a change in the position of a teacher from one building

to another or a change in the dominant area of certification/licensure.

Teachers who have historically taught two or more areas of

certification/licensure are not considered transferred when the dominant

area changes.

3. Seniority shall be defined consistent with the definition in Article XIX.

C. PROCEDURES FOR ASSIGNMENT

1. The administration will conduct a staffing needs and utilization review.

When a vacancy is determined, it will be posted according to A., 2.

2. Voluntary changes between grade or course assignments within a

building may be made without posting, providing the teacher(s) hold the

necessary certificate/license.

3. Teachers will be notified of tentative assignments for the following School

Year no later than the last teacher work day.

4. Prior to receiving bids for any vacancy, qualified teachers on the

layoff/recall list shall be offered recall and then, eligible teachers shall be

offered their "reinstatement rights" of first refusal.

5. There may be an annual "Bid Day" upon mutual agreement of the

Superintendent or designee and WETA President. At the end of bid day,

any positions accepted by teachers are considered final and binding

unless a change is approved by the administration. A teacher is free to

bid on subsequent posted positions, however.

D. PROCEDURES FOR TEACHER-INITIATED REASSIGNMENT OR

TRANSFER

1. Teachers seeking a voluntary reassignment or transfer should apply for

posted positions within five (5) teacher workdays of posting or ten (10)

weekdays of posting during the summer. Volunteers for posted vacancies

shall be given first preference on a seniority basis unless said preference

conflicts with the specific needs of the district. If an applicant is denied,

reasons will be given.

2. Once a person has been granted a voluntary transfer for a school year,

that person may not then transfer back to his/her original position during

that school year, unless there are no other internal applicants.

3. All bids must be submitted in writing to the Personnel Department in the

central office by 4:00 p.m., date-receipted in the building which receives

the bid, or postmarked, on the day the posting expires. A bid may also

be submitted via email to the personnel department. No oral bids will be

accepted. Whether for reassignment or transfer, a teacher may have up

to one (1) day after date of notification of the award of the position to

accept or reject the position. If neither accepted nor rejected within that

time frame, the position may be awarded to the next applicant who would

otherwise have received the position. Once a position has been

accepted, it may not be rejected.

4. A teacher who has received a transfer to a position but has not yet served

in that position may not thereafter seek to be reassigned to another

position within that building per Article VII, C., 2. Rather, such teacher

must bid on any opening in that building as though she or he were making

a second transfer request.

5. Notwithstanding any other provisions of this Article or this Agreement, no

teacher may be reassigned or transferred, or seek assignment or transfer

to any position for which the teacher does not meet the definition of highly

qualified teacher, as set forth in state and federal law. A teacher who is

not HQT or whose HQ status changes due to an action of the District will

be afforded the school year following that assignment to attain HQ status

in the area(s) the teacher is assigned that year. Should the federal and

state laws creating highly qualified teacher requirements be modified or

eliminated, then the Board and Association shall promptly meet to

consider via bargaining, any necessary changes in this provision.

E. INVOLUNTARY TRANSFER

1. Within the district after voluntary transfers for posted positions have been

considered or after involuntary reassignments within a building have been

made (as per Section F), involuntary transfers may be made to meet the

specific staffing needs of the district and/or buildings involved. Teachers

selected for an involuntary transfer will be selected on a seniority

preference basis unless said preference conflicts with the specific needs

of the district.

2. The transfer notification shall state if the assignment may be a traveling

assignment. The selected transferee will be notified in writing with the

need(s) for the transfer specified no later than July 1 unless unanticipated

circumstances occur after July 1 that require transfers to be made. At that

time, the teacher may request a different assignment. Unanticipated

circumstances may include an unexpected resignation which creates a

vacancy to be filled and/or a situation in which a series of transfers must

be made in sequence to fill all available vacancies. If more than one

vacancy exists for which the transferee is qualified, the teacher's

preference on a seniority basis will be honored unless it conflicts with a

specific need of the district.

3. TYPES OF INVOLUNTARY TRANSFER

a. REDISTRIBUTION WITHIN CERTIFICATION/LICENSURE AREA -

When classes are scheduled in a building, full assignments will be

given in order of district seniority. (Full assignment shall mean five

classes at the secondary level, or as otherwise may be provided by

this contract for the Middle Schools.) Whenever a teacher's specific

assignment (i.e., certification/licensure and location) is eliminated in

part or in whole, or whenever the teacher is displaced in whole or in

part by a teacher exercising "first right of refusal" rights because the

certification/licensure assignment has been reinstated as a full

certification/licensure assignment, the teacher becomes an

"unassigned teacher" who will be subject to redistribution or

involuntary transfer in accordance with Article VII, Section E., 3., a.;

if a teacher is needed in the certification/licensure area in another

building, after the administration has solicited volunteers from among

other staff teaching in the same certification/licensure area in the

building where the job was eliminated. When more than one person

volunteers to take the assignment, district seniority shall be used to

pick the volunteer. If the teacher is not needed, layoff and/or

displacement rights in accordance with Article XIX, Section C., RIF,

shall be followed. If the teacher is currently teaching in more than

one certification/licensure area, his/her redistribution rights/

involuntary transfer rights remain in the other certification/licensure

area as well.

Should there not be a volunteer; the selection of a teacher for an

involuntary transfer shall be by district seniority (as defined in Article

XX). When there is more than one position for the transferred teacher

to select the teacher shall be given his/her choice.

Should there be more than one unassigned teacher in the same

certification/licensure area in the same building (and a redistribution

is needed), the same solicitation of volunteers from within that

building will occur first, followed by involuntary transfers made on the

basis of seniority, with the person with the least district seniority being

transferred first. In the event there should be an unassigned teacher

in the same certification/licensure area in more than one building, the

same procedures of posting within each building with unassigned

teachers will be used, followed by involuntary transfers. In all cases,

the teacher with the least district seniority will move first. In all cases,

if there is more than one position available to involuntarily transferred

teachers, the first choice of assignment will go to the teacher with the

greatest district seniority.

In the event an unassigned teacher was previously assigned to two

different areas of certification/licensure, and only one part of the

teacher's assignment is eliminated, the teacher may be involuntarily

transferred on a partial basis, thus becoming a traveling teacher.

No other voluntary transfer may be approved from outside the

certification/licensure area until all teachers within the

certification/licensure area, including part-time, who need to be, are

redistributed. A teacher who is subject to a redistribution transfer and

who prefers to transfer outside the certification/licensure area must

follow the voluntary transfer procedures.

b. TRANSFER CAUSED BY LAYOFF - In the event a transfer is

needed because a teacher has been laid off, the redistribution

procedures set forth in section a, above, will be utilized to determine

the teacher to be moved.

When a layoff is to occur, the least senior teacher in the affected

certification/licensure area shall be considered "reduced". If the least

senior teacher in the reduced certification/licensure area is also

certified/licensed in another area or areas, and is more senior than

another employee in that same other certification/licensure area or

areas, he/she may displace the least senior teacher in the other area

or areas, thus changing who is actually laid off. The

reduced/displacing teacher must take the position of the least senior

teacher in which the reduced/displacing teacher is certified/licensed,

unless there are two teachers in different certification/licensure areas

with equal seniority, in which case the reduced/displacing teacher

may choose the certification/licensure area into which to be

involuntarily transferred.

c. ADDITION IN FORCE - Whenever there is an addition in force into a

certification/licensure area by displacement into the field, by the

return of a teacher from a leave of absence, or a return to the unit of

a non-bargaining unit member, e.g., a former administrator in the

district, the attrition and redistribution procedures shall apply first (if

applicable), and secondly, the layoff/displacement procedures shall

apply. In both procedures, the added employee shall be considered

for positions solely on the basis of his/her bargaining unit seniority.

d. MULTIPLE CERTIFICATION/LICENSURE (DISTRICT NEED) - No

employee may be involuntarily transferred to a different

certification/licensure area unless he/she would otherwise by laid off,

or is subject to displacement by a more senior teacher. Involuntary

transfers shall not be used to avoid the necessity of a layoff of a less

senior teacher, nor to create vacancies in order to hire new

employees.

4. REINSTATEMENT - Whenever an involuntary transfer occurs, if the

teacher's original assignment, i.e., building and certification/licensure

area, is reinstated or becomes vacant, or if the involuntary transfer

occurred because the certification/licensure assignment had been

partially reduced and is being reinstated to a full assignment in the same

building and certification/licensure area, that teacher shall have first right

of refusal to be returned to that position, before voluntary transfer bids are

accepted, or before a full-time teacher in the building who holds the partial

certification/licensure assignment may be reassigned to a full

certification/licensure assignment. In the event that a teacher was

involuntarily transferred into another certification/licensure area

(regardless of building), any vacancy in the certification/licensure area

(again regardless of building), from which the teacher was transferred,

shall be offered first to that teacher. These rights also apply to teachers

recalled from layoff or returned from a leave of absence.

Reinstatement rights of "first refusal" shall be made prior to involuntary

transfers, other voluntary transfers, other recalls, or other return from

leaves. A "refusal" to accept a "reinstatement" offer shall constitute a

waiver of this right, except that a teacher will retain the right of first refusal

to his/her "original" assignment (building and certification/ licensure) until

it is offered, and accepted or refused.

If more than one teacher has reinstatement right to the same position,

seniority shall control.

"Original assignment" refers to the assignment held when involuntarily

transferred/laid-off for the first time, or most recent position held if the

teacher so declares it at the time of involuntary

transfer/layoff/displacement.

F. REASSIGNMENT

1. Within a building, after voluntary reassignments have been made,

involuntary reassignments may be made to meet specific staffing needs

of the building, prior to the initiation of a transfer(s). Teachers selected

for involuntary reassignment shall be selected on a seniority preference

basis if qualified, unless said preference conflicts with a specific need(s)

of the district.

2. Teachers selected for an involuntary reassignment shall be notified in

writing, with the need for reassignment specified no later than July 1,

unless unanticipated circumstances occur after July 1 that require the

reassignment to be made. Unanticipated circumstances may include an

unexpected resignation which creates a vacancy to be filled, and/or a

situation in which a series of reassignments must be made in sequence

to fill all available vacancies. The teacher may request a transfer or other

reassignment, and the teacher's preference on a seniority basis will be

honored if it does not conflict with a specific need of the district.

G. Except as modified herein, the Superintendent retains the final decision

making authority in regard to the assignment of teachers.

*to be used 2019-20 (replaced by Article VIII (b) in 2020-21 or when ODE

removes student growth measures from OTES)

ARTICLE VIII (a)

TEACHER EVALUATION

INTRODUCTION

This Article aligns with the current Standards for the Teaching Profession set forth

in State law, as well as the State Ohio Teacher Evaluation System model (OTES);

any part thereof which may conflict with State law at any time shall be considered

null and void. Upon ratification of the Agreement by both the Board and

Association, this Article shall be deemed by both parties as a part of the Board’s

Policy Manual by reference. In the event that law or ODE directives change

subsequent to the date of this agreement, the parties to the Agreement will

convene within 30 days of the announcement of the effective date of such

changes, to make alterations. If the change in law eliminates the “student growth”

component that component will be eliminated from the evaluation procedure until

such time a new procedure is negotiated.

A. GENERAL PROCEDURES FOR EVALUATION

1. The major goal of teacher evaluation is to promote student achievement

through improving teacher performance.

2. All monitoring and observation of the performance of teachers in connection

with evaluations shall be conducted openly, with the full knowledge of the

teacher. The teacher shall receive a copy of all written reports. These

reports shall be discussed with the teacher, and positive assistance and a

reasonable time period given to correct any deficiencies.

a. If a teacher receives a summative rating of Developing or Ineffective

on the Teacher Performance Evaluation Rubric, Lesson plans may be

required until the teacher receives a rating of skilled or higher. A

teacher may request an additional formal observation. The

Administrator shall conduct the observation within thirty (30) school

days of the request.

3. The District will follow the evaluation practices outlined in the Ohio OTES

framework, as stated above. Scripting of formal, pre-planned classroom

observations, or of other learning environments in the District, along with

informal “walkthrough” observations, will constitute the chief methodology.

Both practices will be based on the State’s Teacher Performance Rubric as

set forth in Ohio law and various ODE training documents related thereto.

4. All such evaluations shall be written on a Willoughby-Eastlake evaluation

form, which identifies basic criteria. A separate evaluation form shall be

used to evaluate pupil personnel staff.

5. Unless stated otherwise in this Article, one (1) formal written evaluation will

be made each school year by the certified administrator. Any teacher who

disagrees with an observation and/or final evaluation may make a written

or electronic reply prior to the last day of school thereto, which reply shall

be annexed to the evaluation and which shall be retained as part of the

evaluation record. The teacher may sign-off/pin the electronic evaluation

document at the end of the post conference, or within forty-eight (48) hours.

The teacher’s signature on the evaluation does not signify agreement, but

merely that he/she has examined the document.

B. THE EVALUATION PROCESS SHALL CONSIST OF THESE BASIC STEPS:

1. At the beginning of each school year, the building principal shall hold either

individual, small group or large group meetings to discuss teacher goals for

the school year. Individual meetings will be arranged on a per-needed basis

as requested by either the administrator or the teacher.

2. A pre-observation conference conducted by the evaluator and teacher, for

the purpose of delineating major areas of the Performance Rubric to be

observed and the date/time of the observation, along with the timely

provision of any information the evaluator and teacher may need to prepare

for the observation.

3. All observations shall be preceded by the pre-conference, and each

teacher shall be given at least five (5) working days notice of the pre-

conference date. Pre-conferences shall be scheduled within ten (10)

working days prior to the scheduled observation date. Should the teacher

be absent, then the ten (10) working day requirement shall be extended by

the number of teacher absence days from school.

4. A post-observation conference, again conducted by both parties, for the

purpose of discussing what was observed, the conclusions of the evaluator,

and the provision of guidance for any suggested changes recommended.

5. All observations shall be followed by a post-conference. Post-observation

conferences shall be scheduled by the evaluator within ten (10) working

days following the observation. Should the teacher be absent, then the ten

(10) working day requirement shall be extended by the number of teacher

absences from school. The evaluator will provide the teacher with a written

report of the observation at least two (2) working days prior to the scheduled

conference. Should areas of concern be identified, recommendations for

improvement will be included in the scripting report and in the post-

conference discussion.

6. Similarly, each teacher’s evaluation shall be discussed with him/her in a

teacher-principal conference. These conferences provide an opportunity

for discussion of the teacher’s strengths and significant contributions, and

for constructive suggestions as to how the teacher can grow professionally

in any area where weakness is indicated.

7. The conduct of periodic, informal, unscheduled walkthrough observations

by an evaluator, followed by written/electronic feedback from the evaluator

to the teacher.

8. The preparation of a final, summative evaluation of a teacher based on

observations and walkthroughs, in combination with student growth data.

Utilization of any additional optional factors or measures will occur by

mutual agreement of the parties. (Additionally, reference may be made to

other areas of teacher performance whether or not directly observed by the

evaluator, but the source of the information is to be identified.)

9. The preparation of either a growth plan or improvement plan for the

teacher, based on the results of the evaluation.

C. POSITION APPLICABILITY - THIS ARTICLE APPLIES TO THOSE

EMPLOYEES WHO FALL INTO ANY ONE OF THE FOLLOWING

CATEGORIES:

1. A teacher who works under a teacher license or certificate issued under

ORC Chapter 3319, including but not limited to 3319.22, 3319.26,

3319.262, 3319.222, or 3319.226, and who spends at least fifty percent

(50%) of the time employed providing student instruction.

2. A teacher who works under a permanent certificate issued under ORC

3319.222 as it existed prior to September 2003 or September 2006.

3. A teacher who works under a permit issued under ORC 3319.301.

4. A bargaining unit member who provides support instruction, yet is not the

teacher of record and services students in a pull-out model for more than

fifty percent (50%) of their contractual day will use Shared Attribution for all

students serviced as a growth measure to inform the evaluation (i.e., Title I

Reading Teachers, English as a Second Language/ English Language

Learners Tutors).

5. A bargaining unit member who provides support instruction, yet is not the

teacher of record and services students in a pull-out model for more than

fifty percent (50%) of their contractual day will create a Student Learning

Objective (SLO) to measure student growth (i.e., Phonological Intervention

Specialists).

6. Unless s/he otherwise qualifies for an evaluation as indicated above, the

following specific positions are not considered teachers for the purposes of

this Article, but shall have a different evaluation process and forms designed

at a later date by consultation between WETA and administration:

Audiologist, Career Assessment Specialist, Guidance Counselor,

Intervention Specialist for Visual Impairment/ Orientation & Mobility,

Librarian/Media Specialist, School Nurse, Speech/Language Pathologist,

and School Psychologist and persons operating under administrative

certificates, and any person who is not a member of WETA. Unless it is

known by the sixtieth (60

) consecutive day worked that a substitute teacher

will work one hundred twenty (120) continuous days in a year, this

evaluation system does not apply to such sub.

7. Teachers (both the intervention specialist and the regular education

teacher) working in a co-teaching environment will equally share the student

growth measure.

D. EVALUATOR QUALIFICATIONS

1. The Superintendent of Schools has charged the Willoughby-Eastlake

Schools credentialed and certified administrators with the responsibility of

evaluating the staff each year. It is agreed and understood that the

administrator assigned to do evaluations shall be within their building of

assignment, except in emergency situations, and then, there shall be a

meeting between affected teachers and administrators to mutually agree on

another evaluator.

2. No member of the bargaining unit is to evaluate another member, except as

may be otherwise provided in the WETA Agreement for peer review. All

OTES evaluations are to use the processes and forms set forth in this

Article, and shall be conducted openly, with the full knowledge of the

member. All evaluation instruments and reports shall be communicated to

members; however, the judgments of the evaluators are not subject to the

grievance procedures; failure to abide by deadlines and procedures set forth

herein is grievable. All reports shall be discussed with the teacher as

provided herein, and a union representative may be present upon the

teacher’s request; however, such a request shall not negate or delay any

deadline set forth herein.

3. In addition to district-employed OTES-credentialed administrators, teachers

who work for the district through a county or other public agency contracted

by the district to operate a district program may be evaluated by that

agency’s OTES-credentialed administrators or supervisors.

4. Each teacher evaluation conducted under this policy shall be conducted by

a person: 1) who is eligible to be an evaluator in accordance with ORC

3319.111(D); and 2) who holds a credential established by ODE for being

an evaluator. Every evaluator must complete state-sponsored evaluation

training and is required to pass an online credentialing assessment.

E. EFFECTIVENESS RATINGS

1. Unless otherwise stated in this article there shall be one (1) annual

evaluation for each teacher; each such evaluation shall produce one (1) of

four (4) Effectiveness Ratings:

a. Accomplished

b. Skilled

c. Developing

d. Ineffective

2. Effectiveness ratings are based on a combination of two categories: 1)

evaluator’s walkthrough and formal observations of teacher performance;

and, 2) data obtained from student growth measures. Fifty percent (50%)

of the evaluation will be attributed to teacher performance and fifty percent

(50%) will be attributed to measures of student growth.

3. Teacher performance resulting from periodic walkthroughs, data from pre-

and post-conferences, formal observations, and student growth measures

shall be combined to reach the summative teacher effectiveness rating.

ODE-approved forms or rubric shall be used for evaluations.

4. In the event of a Reduction in Force (RIF), layoffs will occur starting with the

least senior member in each category. Category 4 teachers will always be

reduced first, followed by Category 3 teachers, then Category 2 teachers,

and lastly by Category 1 teachers.

5. For the purpose of Reduction in Force (RIF), all bargaining unit members

with less than three (3) years of evaluations shall be placed in the following

categories based upon their most recent evaluation summative rating. If the

teacher has an Accomplished or Skilled summative rating they are Category

3 teachers, teachers that receive a Developing or Ineffective are Category 4

teachers.

6. For the purpose of Reduction in Force (RIF) all bargaining unit members with

three (3) years of OTES data shall be deemed to have comparable

evaluations by utilizing the following scale:

a. Accomplished — 4 points

b. Skilled — 3 points

c. Developing — 2 points

d. Ineffective —1 point

Category 1 — Cumulative score of eight (8) and above and are tenured

Category 2 — Cumulative score of seven (7) and below and are tenured

Category 3 — Cumulative score of eight (8) and above and are non-

tenured

Category 4 — Cumulative score of seven (7) and below and are non-

tenured

7. For the purpose of Reduction in Force (RIF) all bargaining unit members with

four (4) years of OTES data shall be deemed to have comparable

evaluations during the fourth (4th) year of evaluations by utilizing the

following scale:

a. Accomplished – 4 points

b. Skilled – 3 points

c. Developing – 2 points

d. Ineffective – 1 point

Category 1 – Cumulative score of eleven (11) and above and are tenured

Category 2 – Cumulative score of ten (10) and below and are tenured

Category 3 – Cumulative score of eleven (11) and above and are non-

tenured

Category 4 – Cumulative score of ten (10) and below and are non-tenured

8. For the purpose of Reduction in Force (RIF) all bargaining unit members who

have at least five (5) years of OTES data shall be deemed to have

comparable evaluations by utilizing the following scale with their five (5) most

recent evaluations:

a. Accomplished – 4 points

b. Skilled – 3 points

c. Developing – 2 points

d. Ineffective – 1 point

Category 1 – Cumulative score of thirteen (13) and above and are tenured

Category 2 – Cumulative score of twelve (12) and below and are tenured

Category 3 – Cumulative score of thirteen (13) and above and are non-

tenured

Category 4 – Cumulative score of twelve (12) and below and are non-

tenured

9. The Board shall report annually to the Ohio Department of Education (ODE),

in accordance with ODE guidelines, the number of teachers assigned each

of the four effectiveness ratings, grouped by the teacher preparation

programs from which, and in the years in which, the teachers graduated,

using the graduation date first qualifying the person for certification/licensure.

Individual teacher names will not be reported as part of this annual

document.

F. TEACHER ABSENCE

Teachers who were on leave from the school district for fifty percent (50%) or

more of the school year as determined by the Board will not be evaluated.

Teachers who submit a notice of retirement by October 1 of the school year in

which they plan to retire and the Board acts upon the retirement will not be

evaluated.

Year Long Courses - Should approved paid absences arise that would cause a

teacher to miss at least thirty-three (33) days, from the first day of school

through March 1st, then the data gathered from the Vendor Assessments,

Value Added and/or Student Learning Objectives shall not be used to determine

the teacher’s final evaluation.

Semester Courses - Should approved paid absences arise that would cause a

teacher to miss at least sixteen (16) days, from the first day of school through

the end of the first semester, then the data gathered from the vendor

assessment , Value Added and/or Student Learning Objectives shall not be

used to determine the teacher’s final evaluation. Only courses taught during the

first semester shall count towards the teacher evaluation.

Quarterly Courses (held either 2

or 3

quarters) Should approved paid

absences arise that would cause a teacher to miss at least eight (8) days

in either quarter, then the data gathered from the Vendor Assessment , Value

Added and/or Student Learning Objectives shall not be used to determine the

teacher’s final evaluation.

G. CALCULATING TEACHER PERFORMANCE

1. Unless specified otherwise in this Article, Teacher Performance is evaluated

during two (2) cycles of formal observations, along with classroom

walkthroughs. The evaluator is to use a scripting process, based on the

teacher performance rubric, during the formal observations. Such

performance is to be assessed through a process based on the following

Ohio Standards for the Teaching Profession:

a. Understanding Student Learning and Development and Respecting

the Diversity of the Students they Teach;

b. Understanding the Content Area for which they have Instructional

Responsibility;

c. Understanding and Using Varied Assessment to Inform Instruction,

Evaluate and Ensure Student Learning;

d. Planning and Delivering Effective Instruction that Advances Individual

Student Learning;

e. Creating Learning Environments that Promote High Levels of Learning

and Student Achievement;

f. Collaborating and Communicating with Students, Parents, Other

Educators, District Administrators and the Community to Support

Student Learning; and

g. Assuming Responsibility for Professional Growth, Performance and

Involvement.

2. The forms to be used in determining teacher performance are aligned to the

Ohio Standards for the Teaching Profession shown above, and the Ohio

Teacher Performance Rubric.

H. CALCULATING STUDENT GROWTH MEASURES

1. “Student growth” means the change in student achievement for an individual

student between two or more points in time. This component of the

evaluation includes a District-defined combination of the following factors:

a. Teacher-level Value Added: “Value-Added” refers to the value-added

instruments and methodology provided by ODE. Where value-added

data exists through state-provided assessments, use of that data is

mandatory shall count towards one hundred percent (100%) of the

Student Growth portion of their evaluation

b. ODE Approved List of Assessments: Vendor assessments, if utilized

by the district, must be included as one of the measures of student

growth. Assessments utilized must be included when calculating the

fifty percent (50%) attributed to student growth measures. The

Superintendent/designee, through collaboration with the teachers and

subject to Board approval, will utilize the assessments on the approved

list as he/she deems necessary and appropriate.

c. During the 2013-14 school year, Measures of Academic Progress

(MAP) shall be the vendor assessment used in the following categories

and shall be fifty percent (50%) of the teacher’s evaluation:

2. Category “B” Teachers:

K-3 Reading and Math

3-8 Science will utilize the “general science and science processes”

sub test for data growth.

3. The MAP assessment shall be evaluated at the end of the 2013-14 school

year to determine future usage. If the MAP assessment is determined to be

ineffective by mutual agreement, another vendor assessment shall be

implemented.

4. Locally-determined Measures: For courses of instruction in which neither

teacher level value-added data nor ODE-approved assessments are

available and used by the District, Student Learning Objectives (SLOs)

created in accord with directions from ODE, shall be used to measure

student growth.

5. Data from these multiple measures, except that from ODE-provided growth

measures, will be scored on five levels reported on previous State-

mandated testing, in accordance with ODE guidance and converted to a

score in one of three levels of student growth:

a. “Above”;

b. “Expected”;

c. “Below”.

(The value-added data for any student who has sixty (60) or more excused

or unexcused absences during the school year shall be excluded in

calculating student growth.)

The maximum value of any combination of the above measures of student

growth shall not exceed fifty percent (50%) of a teacher’s total Effectiveness

Rating.

I. EVALUATION TIMELINE

1. Unless stated otherwise in this Article, each evaluation shall consist of two

formal observations of at least thirty (30) minutes each, combined with

periodic classroom walkthroughs by the evaluator. One observation shall

be conducted in the first semester and there shall be at least three (3)

working weeks between all formal observations. If after the second formal

observation, the teacher’s performance portion of the evaluation is found

deficient to the extent that an “ineffective” rating may result, a minimum of

one additional observation shall be conducted. All teacher evaluations for

a given year shall be completed by the first of May and each teacher subject

to this Agreement shall be provided with a written copy of the evaluation

results on or before the tenth (10

) of May.

2. For those teachers who are on limited or extended limited contracts

pursuant to ORC 3319.11 and who are under consideration for nonrenewal,

one evaluation consisting of at least three (3) formal observations must be

conducted annually by the first (1

) of May. Each teacher on a limited or

extended limited contract shall be provided with a written copy of the

evaluation results by the tenth (10

) day of May. The deadline for

nonrenewal of a teacher is on or before June 1 of each year, and requires

written notice to the teacher on or before that same date.

3. Teachers who receive an Effectiveness Rating of “Accomplished” may be

evaluated every three (3) years, rather than every year, unless the evaluator

has reason to suspect, based on student growth data or other evidence, that

an annual evaluation needs to be performed. To be evaluated once every

three (3) years, an “Accomplished” teacher must submit a self-directed

professional growth plan to the evaluator that focuses on specific areas

identified in the observations and evaluation and the evaluator must

determine that the teacher is making progress on that plan. The timelines of

May 1 and May 10 for either of these options remain the same as above.

4. Teachers who receive an Effectiveness Rating of “Skilled” may be evaluated

every other year, rather than every year, unless the evaluator has reason to

suspect, based on student growth data or other evidence, that an annual

evaluation needs to be performed. To be evaluated every other year, a “Skilled”

teacher and evaluator must jointly develop a professional growth plan for the

teacher that focuses on specific areas identified in the observations and

evaluation and the evaluator must determine that the teacher is making

progress on that plan. A teacher with a skilled rating in any given year has

the option to be evaluated the following year if they choose. If the teacher

opts to be evaluated, they will be subject to the normal OTES procedure.

Teachers will notify the administration in writing (or email) of their choice to

opt for being evaluated on or before the 15

day of school for students.

5. If administration decides to evaluate a teacher in either of the two years

following an “accomplished” OTES rating or in the year following a “skilled”

OTES rating, then notification and an explanation as to why they are to be

evaluated will be provided in writing (or email) on or before the tenth day of

school for students.

6. During the years when a teacher is not on the cycle to be evaluated, the

administration will be required to do one (1) observation and one (1) post-

conference with the teacher. The conference must include a discussion of

progress on the teacher's professional growth plan. This observation and

conference are to give feedback to the teacher and will not be put into eTPES,

unless required by law or the ODE. Student growth measures must be

calculated and put into eTPES (by administration) yearly for all teachers,

including those not on the evaluation cycle for a given year. Growth

measures must remain average or higher or the teacher will have to

participate in the full OTES evaluation process the following year.

7. Failure to comply with procedure as described herein is grievable, but

opinions of evaluators are final and shall not be subject to grievance

arbitration, but are subject to review of the Superintendent. Nothing herein is

intended to deny any right contained in O.R.C. 3319.11 or 3319.111.

8. Should a teacher receive a rating of Accomplished, and the administrators

opts not to evaluate said teacher in an academic year, then the teacher will

receive four (4) points for the non-evaluated school year. Should a teacher

receive a rating of Skilled, and the administrators opts not to evaluate said

teacher in an academic year, then the teacher will receive three (3) points for

the non-evaluated school year (for consideration in Article VIII: Teacher

Evaluation, Letter E. Effectiveness Ratings).

J. PROFESSIONAL GROWTH AND IMPROVEMENT PLANS

Yearly, each teacher must develop either 1) a professional growth, or 2) an

improvement plan, based on the results of his/her final evaluation. Three (3)

different procedures are set forth below.

1. Teachers who meet above-expected levels of student growth are to develop

a professional growth plan and choose their credentialed evaluator from

those within their building, with the limitation that an evaluator may decline.

The professional growth plan in such cases shall include the

forms/components set forth in Appendix 7.

2. Teachers who meet Expected levels of student growth must develop a

professional growth plan collaboratively with a credentialed evaluator from

those within their building. The teacher will have input on the selection of a

credentialed evaluator for the evaluation cycle. The professional growth

plan in such cases shall include the same forms/components set forth in

Appendix 7.

3. Teachers who have Below-Expected levels of student growth must comply

with an improvement plan developed by the credentialed evaluator assigned

by the Superintendent/designee. The improvement plan shall include the

forms/components set forth in Appendix 8.

K. TESTING FOR TEACHERS IN CORE SUBJECT AREAS

1. Impact of Ineffective Rating:

a. Subject Examination

When a teacher of core subjects (English language arts, mathematics,

science, foreign language, government, economics, art, music, history,

and geography) receives an Ineffective rating on an evaluation for two of

the three most recent school years, that teacher must take and pass an

examination selected by the Ohio Department of Education, in the

fields/subjects/content knowledge being taught by that teacher, and

provide proof of such passage; if the teacher passes, the teacher will not

be required to take the exam again for three subsequent years. The Board

will pay only the cost of the first such exam. In the event the teacher does

not achieve a passing score, he/she must repeat the exam; if a passing

score has not been achieved by the third exam, he/she may be

terminated.

b. Professional Development

The “Ineffective” teacher must also complete professional development

at his/her own expense, targeted to the deficiencies noted in the teacher’s

evaluation. If the teacher fails to prove completion of the professional

development, or if the teacher receives an Ineffective rating on his/her

first evaluation after such development, the teacher may be terminated.

Notice of intended termination / nonrenewal shall be given to a teacher, with a

copy of the WETA President, no later than the dates provided in State law.

VALUE ADDED

50% VA Category A 4-8 math/reading

9-12 End of Course Exams

(timeline TBD)

50% Vendor Category B K-3 reading/math

3-8 science

50% SLO Category C K-1 science/SS

1-12 SS

9-12 High School courses

All elective teachers

Tech Center teachers

Pre-school teachers

*To replace Article VIII (a) in the contract beginning in the 2020-21 school

year (or when ODE removes the student growth component from OTES).

ARTICLE VIII (b)