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The collective bargaining agreement between Jefferson County Teachers Association and the employer, outlining the rights and responsibilities of employees, including association rights, employee rights, academic freedom, student discipline, employee evaluation, employee discipline, personnel files, teaching load and duty hours, class size, materials and facilities, safety, assignment, transfers, promotions, layoff/recall, inservice/professional development, assistance in assault/injury, summer school/extended school services, school calendar, team leaders, librarians, exceptional child education, leaves of absence, compensation schedules, miscellaneous, and grievance procedure.
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JCBE-JCTA Agreement 2018 - 2023 Published by: Jefferson County Board of Education 3332 Newburg Road P.O. Box 34020 Louisville, Kentucky 40232- 4020 Distributed to Employees by: Jefferson County Teachers Association Watterson City West Building 1941 Bishop Lane, Suite 300 Louisville, Kentucky 40218 Equal Opportunity/Affirmative Action Employer Offering Equal Educational Opportunities
Signature Sheet - - - - - Teams Page 8 3 Index Page 8 4 MOA’s - - - - -
2 3 The Jefferson County Board of Education and the Jefferson County Teachers Association 4 do hereby agree that the welfare and success of the children of Jefferson County is 5 paramount and will be promoted by both parties. 6 7 The parties further recognize that diversity is one of Jefferson County Public Schools 8 greatest assets in the education of our students. With that recognition, we renew our 9 commitment to foster a school system that treats each student, parent, and employee 10 with respect, dignity, and sensitivity to their unique needs and culture. 11 12 This Agreement is made and entered into by and between the Board of Education of 13 Jefferson County, Kentucky, hereinafter called the “Employer” and the Jefferson County 14 Teachers Association, hereinafter called the “Association;” the Employer and the 15 Association when jointly referred to are hereinafter called the “Parties.” 16 17 Therefore, the Parties mutually and in good faith agree to the following: 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
1 15. Teacher of Record means an individual in the bargaining unit who is filling a 2 position with a change form completed by Personnel to verify the same. 3 4 16. Overstaff means a condition where a teacher is involuntarily placed on the 5 transfer list. 6 7 17. Laid Off is a condition in which a teacher’s contract is suspended due to lack 8 of a teaching position. 9 10 18. Restricted Certification is a condition in which a teacher’s certificate is not 11 considered valid for teaching in the Jefferson County Public Schools due to 12 lack of adequate teaching positions in the certification area. The teacher would 13 be laid off in a restricted certification area if it were not for having a second 14 certification that allows a teacher to maintain a position with the Employer. 15 16 19. Least Restrictive Environment is that education setting or program in which the 17 identified child can function most effectively based upon his/her unique needs 18 and capabilities. 19 20 20. Resource Room is a special education class configuration in which a student 21 identified by an ARC may spend up to 50% of the student day. 22 23 21. Special Area Teacher is an elementary art, music, physical education or 24 computer teacher who is assigned to work in different building locations on 25 different days of the week. 26 27 22. Traveling Teacher means a teacher who works at different building locations 28 on the same day of the work week. 29 30 23. Certificated means possessing a certificate issued by the Commonwealth of 31 Kentucky. 32 33 24. School Centers shall mean a building(s) in which teachers are assigned to 34 supervise students. 35 36 25. Home School means where the employees report their time and attendance. 37 38 26. Level 1, 2 and 3 Schools are schools that the District identifies as needing 39 additional support. 40 41 27. Employee Resolution Agreement means an agreement between the Employer, 42 the Association, and one or more employees to resolve disciplinary, 43 assignment, payment or other employment issues involving the identified 44 employee(s), where no grievance has been filed. Such an agreement does not
1 require approval of the Board and is not reported to the Board. Although 2 Employee Resolution Agreements, Grievance Resolution Agreements, and 3 Tribunal Resolution Agreements do not require Board approval or reporting to 4 the Board, alterations to job type, employment status, or the like that are 5 included in such agreements may be reported to the Board within normal and 6 customary reports to the Board. 7 8 28. Grievance Resolution Agreement means an agreement between the employer, 9 the Association, and one or more employees to resolve a written grievance, 10 which has been filed pursuant to this collective bargaining agreement. Such 11 an agreement does not require approval of the Board and is not reported to the 12 Board. 13 14 29. Tribunal Resolution Agreement means an agreement between the Employer, 15 the Association, and an employee to resolve a tribunal proceeding under KRS 16 161.790. Such an agreement does not require approval of the Board and is 17 not reported to the Board. 18 19 30. Memorandum of Understanding (“MOU”) means an agreement between the 20 Employer and the Association which resolves (1) the interpretation and 21 application of this collective bargaining agreement; (2) operational, logistical 22 and timing issues; (3) compliance with legislative and regulatory requirements; 23 or (4) other collaborative and cooperative endeavors that the parties want to 24 memorialize. MOUs may temporarily modify or suspend specific contract 25 provisions to address unusual situations that may arise; however, a MOU may 26 not permanently modify this collective bargaining agreement. A MOU may be 27 used instead of a Grievance Resolution Agreement if the resolution will have 28 an impact on a significant number of employees or on Employer operations. 29 All MOUs must be reported to the Board, but MOUs do not require Board 30 approval. 31 32 31. Memorandum of Agreement (“MOA”) means an agreement between the 33 Employer and the Association that (1) alters, amends or modifies the terms of 34 the collective bargaining agreement; (2) by Board policy or by law requires 35 Board action; or (3) the parties agree should be submitted to the Board for 36 approval. MOAs will not become effective except upon approval by the Board. 37 38 39 ARTICLE 2 – SCHOOL BOARD AUTHORITY 40 41 Section A The Board of Education of Jefferson County, Kentucky hereby specifically 42 retains and reserves unto itself, the Superintendent, the Principal/administrator, or 43 designee, and other administrative personnel of the school system all powers, rights, 44 authority, duties and responsibilities, and the exercise thereof, as conferred upon and
1 distributed through the courier service or employee distribution boxes nor distributed in 2 any manner which would interfere with or interrupt normal school operations or posted in 3 any schools by the Parties or any of their agents. 4 5 The Association shall provide in advance to the office of the Superintendent or designee 6 four (4) copies and to the office of the Principal/administrator, or designee one (1) copy 7 of any material to be distributed or posted. 8 9 The Employer agrees to permit the Association access to the email system. The same 10 rules, as stipulated in the labor agreement that govern use of the school system’s courier 11 service by the Association, as well as the JCPS Net Employee Acceptable Use Policy, 12 shall apply. 13 14 The Association shall save the Employer harmless against any claims, legal or otherwise, 15 arising out of use of the Employer Courier Service or email system. 16 17 In compliance with this Article, the Association shall have the right to use the District’s 18 PONY or email system to provide information or advocate a position on matters of public 19 interest. 20 21 Section B The Association shall have the right to use schools for meetings at 22 reasonable times before or after the employees’ normal workday, scheduling such use in 23 advance with the Principal/administrator, or designee. Should special custodial services 24 be required or should there be any damage in excess of the normal wear the Employer 25 shall make a reasonable charge for such services or damage. The Association shall save 26 the Employer harmless against any claims, legal or otherwise, arising out of such use 27 provided the Association is given the opportunity to provide all necessary legal services 28 to defend such claims. 29 30 Section C Full-time staff employed by the Association, the Association President or 31 identified designee and Association building representatives exclusively shall have the 32 right to transact official legal Association business on school property at such reasonable 33 times as will not interfere with or interrupt normal school operations. The Association 34 shall provide the Superintendent or designee and each Principal/administrator, or 35 designee with a list of persons serving in these capacities and maintain its currency. The 36 list provided to each Principal/administrator, or designee need not contain the names of 37 building representatives for other schools. 38 39 Section D The Association building representative shall upon request be given time 40 prior to or after each faculty meeting for brief announcements. The school communication 41 system shall be made available according to procedures of the school for use by an 42 Association building representative to make brief announcements concerning 43 meetings. The building representative shall be provided a school roster showing the 44 names, addresses, and assignments of all employees.
1 Section E The Employer shall provide to the Association upon request a copy of the 2 official agenda in advance of Board meetings except for those items privileged by 3 law. The Employer shall make available for inspection to the Association upon request 4 any information available to the public. The Parties shall make available upon written 5 specific request to each other any statistics and records routinely compiled which are not 6 confidential which are relevant to negotiations or necessary for the proper administration 7 of the terms of this Agreement. 8 9 Section F The Employer agrees to deduct from the salaries of employees an amount 10 equal to the membership dues of the Association as said employees individually and 11 voluntarily authorize in writing the Employer to deduct and to transmit the monies to the 12 Association or its designated representative. The Association shall certify to the 13 Employer in writing the current and proper amount of its membership dues at least thirty 14 (30) days prior to the requested initial deduction. The deductions shall be made in twenty 15 (20) equal installments September through May. The Employer will authorize, as part of 16 the dues structure, .0016 of Step 0, Rank 1, per member per payroll deduction for the 17 payment of unified Association Membership. Dues will be deducted based on two (2) 18 rates only. 19 20 In the event that payroll dues deduction is prohibited by law, the Employer shall provide 21 to the Association the electronic funds routing information each payroll cycle for all 22 employees who have consented to membership in the Association. 23 24 Employees new to the school district will be provided with a JCTA membership form 25 through which they can actively opt into membership of JCTA. 26 27 The Employer will deduct specified dues from those individuals that have notified the 28 Employer in writing of their desire for membership as noted by their signature on the JCTA 29 membership form. The Employer will cease the deduction of dues upon notification by the 30 Association. JCTA will provide an electronic file which includes the JCPS employee 31 identification number if available to the JCPS Payroll department of all individuals who 32 have provided a signed membership form along with a copy of the form. 33 34 When said employee chooses membership, a copy of that form complete with hire date 35 and date of membership will be provided to the Association. 36 37 When amounts have been correctly deducted and remitted by the Employer the 38 Association shall save the Employer harmless against any claims, legal or otherwise, for 39 deduction of dues based on information furnished by the Association if the Association is 40 given the opportunity to provide all necessary legal services to defend such claims. 41 42 Section G The Principal/administrator, or designee of each school and the Association 43 building representative(s) shall meet upon request at least bimonthly to discuss 44 implementation of the provisions of this Agreement and other items of mutual concerns.
2 3 Section A The Employer agrees there shall not be any discrimination against any 4 employee by reason of age, color, disability, marital or parental status, national origin, 5 race, sex, sexual orientation, gender identity, gender expression, veteran status, genetic 6 information, religious or political affiliation or beliefs or whether said employee is a 7 member of the Association. 8 9 Section B The Association agrees not to discriminate with regard to representation of 10 employees in the administration of this agreement or with regard to terms and conditions 11 of membership because of age, color, disability, marital or parental status, national origin, 12 race, sex, sexual orientation, gender identity, gender expression, veteran status, genetic 13 information, religious or political affiliation or beliefs, or because an employee is not a 14 member of the Association. 15 16 Section C The Parties agree that the provisions of this Agreement shall be applied to 17 all employees without discrimination on the basis of membership or non-membership in 18 the Association. 19 20 Section D Nothing contained herein shall be construed to deny or restrict any rights 21 any employees may have under the Constitutions and Laws of the United States or of the 22 Commonwealth of Kentucky. 23 24 Section E No adverse action of any kind shall be taken by the Employer or any of its 25 agents against any employee for reason of participation in negotiations, the administration 26 of this Agreement, the performance of duties or the exercise of the rights of 27 citizenship. No adverse action of any kind shall be taken by the Association or any of its 28 members or agents against the Employer, the Superintendent or other administrators for 29 reason of participation in negotiations, the administration of this Agreement, the 30 performance of duties, or the exercise of the rights of citizenship. 31 32 Section F The private life of an employee is not within the appropriate concern or 33 attention of the Employer except when it adversely affects fulfillment of the employee’s 34 professional responsibility. 35 36 Section G An employee shall not be required to carry out an order which is not a part 37 of the employee’s professional responsibility. 38 39 Section H All employees shall carry out the following responsibilities: 40 41 1. Complying with the Employer’s rules and regulations which are not inconsistent 42 with this Agreement. 43 44 2. Adhering to the provisions of the Agreement.
1 Section I Neither the employee nor the Employer shall record a meeting without 2 knowledge of the other. 3 4 Section J When information is available in the School Center office, employees shall 5 be informed when special education students and/or students with special needs/health 6 are placed into a particular class. 7 8 Section K The Employer and the Employees agree to implement and comply with all 9 applicable provisions of Commonwealth of Kentucky law governing student discipline 10 records and reporting procedures. The Employer shall notify each employee, where 11 applicable, of the existence of any permanent student discipline records, as defined by 12 law, that pertain to the students to whom the employee provides educational or related 13 services. The Employer shall share the contents of those student discipline records with 14 each employee within seven (7) days that the student is placed in their classroom. 15 The parties agree to comply with all confidentiality and reporting requirements concerning 16 student records as required by law. 17 18 Section L If any school chooses to consider a deviation from this Agreement, the 19 decision making process shall include an opportunity for all employees to share their 20 opinion. Such a decision shall not be implemented in any school year without at least 21 two-thirds (2/3) concurrence of the employees. It is expressly understood that any and all 22 contract deviations sunset at the end of each school year. Should the employees wish to 23 maintain a sun-setting deviation, a new deviation of the agreement must occur. A 24 contract deviation vote that fails to obtain the needed two-thirds (2/3) concurrence may 25 not be re-voted on for twelve (12) months from the original vote unless both parties agree. 26 27 The following articles shall not be deviated from in the implementation of SBDM: 28 29 Article 7 Student Discipline 30 Article 8 Employee Evaluation 31 Article 9 Employee Discipline 32 Article 10 Personnel Files 33 Article 16 Transfers 34 Article 18 Lay-Off/Recall 35 Article 27 Compensation 36 Article 29 Grievance Procedure 37 38 Employees who participate on committees established by SBDM Councils will be selected 39 in accordance with local school Council policy. All committee participation that exceeds 40 the weekly meeting maximum as defined in Article 11 – Teaching Load and Duty Hours 41 will be voluntary. 42 43 Section M The Parties agree that SBDM Councils may adopt and enforce policies 44 pertaining to the matters that are dealt with in the provisions of the Agreement that are
1 Section U If requested by an employee, employee votes shall be by secret ballot. 2 3 Section V Employees shall be free to join or not join the Association. No employee 4 shall be discriminated against by either the Employer or the Association because of 5 membership or non-membership in any organization. 6 7 Section W The Employer acknowledges that all Employees have a right to steps on 8 the salary schedule. 9 10 Section X Employer Provided Training 11 The District will make available all ongoing professional development and training 12 required by federal and state law and board policy. The District will make available 13 professional development relating to the seclusion and restraint of students, student 14 bullying prevention, restorative practices, and diversity training. 15 16 17 ARTICLE 6 – ACADEMIC FREEDOM 18 19 The Parties agree that academic freedom is an integral part of the attainment of education 20 goals of the school system. 21 22 Section A The Parties agree that young people should be educated in the democratic 23 tradition which fosters a recognition of individual freedom and social responsibility, 24 inspires meaningful awareness of and the respect for the Constitutions and Laws and 25 instills appreciation for the value of individual personality. It is recognized that these 26 values can best be transmitted in an atmosphere which is free from censorship and 27 artificial restraints upon free inquiry and learning, and in which academic freedom is 28 encouraged and enjoyed. 29 30 Section B In performing their teaching duties, employees shall strive to provide 31 students opportunity to investigate all facets, sides, and/or opinions of and about any and 32 all topics and materials introduced or presented including those which are or may be of a 33 controversial nature. Such material presented to students must be relevant to the course 34 and appropriate to the maturity level and intellectual ability of the students. Employees 35 shall permit the expression of the views and opinions of others and encourage each to 36 form individual views and opinions through such procedures. Employees shall at all times 37 strive to promote tolerance for the views and opinions of others and for the privilege of 38 individuals to form and hold differing views and opinions. 39 40 Section C The plan book and grade book used in the district shall be mutually agreed 41 upon between the parties of this Agreement. Individual employees and supervisors can 42 agree to use an alternate plan book and/or grade book. Lesson plan books may be used 43 as a collaborative tool between supervisor and teacher to enhance the quality and 44 delivery of instruction. Teachers may refer to other documents and materials (such as
1 curriculum guides, IEPs, 504 Plans or teacher guides) but are not required to copy them 2 into the lesson plan books. 3 4 The Employer and the Association mutually agree to use Infinite Campus or any 5 subsequent state adopted electronic grade and attendance software system provided by 6 the Employer. The Employer shall make available adequate and appropriate ongoing 7 professional development on the use of the electronic grade and attendance software 8 system. Online access to the electronic grade and attendance system will be provided 9 by the Employer. Employees shall be required to enter assignments with grades no more 10 than once every three (3) weeks. Teachers shall not be required to enter a specific 11 number of grades per grading period but may be required to enter all grades that will be 12 part of a student’s final grade once every three (3) weeks with the exception of teachers 13 who see students less frequently such as Special Area teachers who do not have graded 14 work for students during a three (3) week period. Multiple assignments may be combined 15 for grade entry purposes but all entered work must be clearly identifiable. 16 17 For middle school and high school teachers, if a student is exhibiting unsatisfactory 18 performance or is experiencing changes in performance, the parent/guardian must be 19 notified by the teacher at least one week prior to the end of the six (6) week grading cycle. 20 For elementary, if a student is not making satisfactory progress, the parent(s)/guardian(s) 21 must be notified, by phone or in writing, by the teacher at least two (2) weeks prior to the 22 end of the grading period 23 24 Employees shall be required to enter attendance once daily prior to the start of instruction 25 in elementary school locations, and by class period in middle and high school locations. 26 For middle and high school, attendance shall be turned in by the end of the class period. 27 In the event, the speed of onsite data transfer is not adequate for timely data entry, the 28 employer will allow for alternative methods for collecting onsite classroom date. 29 30 In addition, Teachers will make a record of phone calls, emails, and face-to-face 31 parent/teacher conferences and will submit this information to designated office personnel 32 for submission to the district information system(s) or teachers may enter this information 33 into the district information system(s). 34 35 Section D Employees shall be given four (4) days after the end of each grading period 36 to submit students’ grades except for the end of semester grades for students classified 37 as seniors which shall be due thirty-six (36) hours after the last final exam administered. 38 39 40 ARTICLE 7 – STUDENT DISCIPLINE 41 42 Section A The Parties agree to effectively carry out the Student Support and Behavior 43 Intervention Handbook and the Student Bill of Rights adopted by the Employer. The 44 Association shall be a party to any evaluations and necessary revision of this Handbook 45 that shall continue to provide for elementary, middle and high school needs.
1 6. The evaluator shall take into consideration and note in writing any circumstances 2 that may adversely affect an employee’s performance. 3 4 7. Student test scores may be used to evaluate achievement and progress of 5 students and the district’s instructional program; however, these scores shall not 6 be used in any way to evaluate the work performance of employees unless they 7 agree voluntarily. 8 9 8. A conference shall be held between the evaluator and the employee after the 10 written evaluation is received by the employee. 11 12 9. Observations for which advance notice (date and time) is required shall be 13 identified in the Certified Evaluation Plan. 14 15 10. Evaluations must be completed no later than April 15 and submitted to the 16 employees by no later than May 1 except for those employees who have been 17 identified as having significant deficiencies in which case the provisions in Section 18 B of this article will apply. 19 20 11. The performance of all Special Area Teachers/Traveling employees shall be 21 evaluated in a collaborative effort among the employee’s cost center heads. 22 23 12. An Advisory Committee, including employees nominated by the Association shall 24 be established annually for the purpose of reviewing and recommending 25 modification, if any, to the evaluation plan. 26 27 13. Tenured employees will be evaluated at least every three years. Non-tenured 28 employees will be evaluated yearly. Employees receiving Intensive Support may 29 be evaluated within the year of the Intensive Support. 30 31 Section B Intensive Support: When significant deficiencies in work performance have 32 been observed, an employee may be placed in Intensive Support as follows: 33 34 1. Significant deficiencies in work performance shall be noted in writing and 35 discussed with the employee in a conference. 36 37 2. The evaluator shall observe the employee’s work performance a minimum of three 38 (3) 30-minute periods within a ten-week period (50 worked days) beginning with 39 notification. For the employee not assigned to a classroom, the evaluator must 40 observe the work performance of the employee for three (3) 30-minute periods 41 when the employee is fulfilling the employee’s job responsibilities. The employee 42 shall be notified in advance of the time and date of one (1) observation for 43 evaluative purposes during the Intensive Support period. Intensive Support 44 observations shall be documented on a mutually agreeable form.
1 3. Each observation shall be followed by an evaluator/evaluatee conference within 2 the first five (5) days the employee is at work following the observation 3 4 4. The evaluator shall identify the professional staff services and/or materials that the 5 employee may use to help correct the identified deficiencies. There shall be 6 identified at least one (1) professional staff person (who may be a staff person at 7 the teacher’s work site) who will not evaluate the employee, but who will be 8 available to assist/help a teacher on deficiency correct the identified deficiency 9 areas. 10 11 a. Once the Employer has identified the professional staff person to be 12 assigned, the employee on deficiency will have the option of waiving any 13 contractual right to assistance from the non-evaluative professional staff 14 person assigned. 15 16 b. The employee, the Association and the Employer will confirm in writing via 17 a mutually agreeable form that the required assistance has been offered 18 and/or the employee has waived their right to the assistance. This will occur 19 within the first ten (10) days after the notice of significant deficiency is 20 issued. Should the employee refuse to confirm the offer in writing, the 21 Employer will confirm the refusal in writing and provide the Association a 22 copy. 23 24 c. The Association and the Employer agree that the non-evaluative 25 professional staff person assigned to provide assistance will not provide any 26 testimony or evidence, before any arbitrator, concerning the teacher on 27 deficiency. However, the Employer may provide evidence of dates, times, 28 and description of assistance provided. 29 30 5. The Evaluator shall summarize the observations and conferences in writing and 31 provide a copy to the employee. 32 33 6. Intensive Support observations will only be included in the personnel file as a part 34 of the resulting summative evaluation. 35 36 7. An employee who has been placed in Intensive Support may appeal the 37 summative evaluation resulting from Intensive Support, but employment decisions 38 based on the Intensive Support process cannot be appealed to a LEAP. 39 40 41 42 43 44
