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2004-2005 Contract

ARTICLE II
Board Rights and Responsibilities

Section 1 The Board, on its own behalf and on behalf of the electors of the school district, hereby retain and reserve unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the school code and the laws of the state, the Constitution of the State of Michigan and/or the United States. Such rights, duties, etc., shall include, by way of illustration and not by way of limitation, the right to, subject to the terms and conditions of this Agreement:
A. Manage and control its business, its equipment, and its operations and to direct the working forces and affairs of the entire school system within the boundaries of the Berkley School District.
B. Continue its rights, policies, and practices of assignment and direction of its personnel, determine the number of personnel, and schedule all the foregoing.
C. Direct the working forces, including the right to establish and/or eliminate positions, to hire, evaluate, promote, suspend, and discharge employees, transfer employees, assign work or duties to employees in keeping with accepted professional responsibilities, determine the size of the work force and to pay employees.
D. Determine the services, supplies, and equipment necessary to continue its operation and to determine all methods and means of distributing the above and establishing standards of operation, the means, methods and processes of carrying on the administrative work of the District.
E. Determine the policy affecting the selection, testing, or training of prospective employees. This includes passing an employment physical.

Section 2 In meeting such responsibilities, the Board acts through its administrative staff. The Board and administrative staff shall be free to exercise all of its managerial rights and authority subject to the terms and conditions of this Agreement.

Section 3 The listing of specific management rights in this Agreement is not intended to be nor shall be restrictive of or a waiver of any rights of management not listed and specifically surrendered herein whether or not such rights have been exercised by the Board in the past.

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ARTICLE III
Teacher Evaluation and Progress

Evaluation of all staff will be achieved through a multifaceted, ongoing process that uses a positive approach to stimulate self improvement as well as to create a continuous focus on improved instruction and/or the delivery of instructional support. The supervisor and staff member share the responsibility for this procedure. The fundamental supervisory activity of this program is the collaborative development of specific teaching or direct job related goals. Though there is a summative evaluation document at the end of the appraisal process, this program is largely formative in nature in that data is gathered for the purpose of improving job performance. The program provides a framework that encourages techniques found in current literature on best practices, and its purpose is to focus on increased teaching effectiveness and student learning.

Goal Setting Model

The Berkley goal setting program as jointly developed, has three separate components. They are
1. Non tenured teachers: Teacher Evaluation Program
2. Tenured teachers meeting, at least, basic performance expectations: Teacher Enhancement Program
3. Tenured teachers needing assistance (not meeting basic performance expectations): Intensive Assistance Program

SECTION 1 Teacher Evaluation Program for Non Tenured Teachers
A. Non tenured teachers shall be observed and evaluated by the administration a minimum of two (2) times (at least 60 days apart) each school year during their probationary years in the district.
B. An Individual Development Plan (IDP) will be developed with the teacher during the probationary period according to the Tenure Act. (The IDP form is in Appendix G-1.)
Goals may be developed in one or more of the following areas:
1. Planning and Preparation
2. Classroom Environment
3. Classroom Instruction
4. Professional Responsibilities
C. A mentor for each probationary year during the first three (3) years of probation will be appointed for one (1) year and may be reappointed.
D. Probationary teacher final appraisals are to be submitted to the Director of Human Resources the first week in March.
E. Probationary teachers may be discharged upon recommendation of the Superintendent and approval of the Board. All dismissals of probationary teachers shall be subject to review under the grievance procedure up to and including Level 3 of the grievance procedure and shall not be subject to arbitration.

SECTION 2 Teacher Enhancement Program for Tenured Teachers
A. Tenured teachers who meet expectations in all areas shall participate in a goal setting process, where goals are established. (A "Self Assessment Worksheet" (Appendix G-2) and a goal setting form, "Self Directed Teacher Enhancement Plan ", (Appendix G-3.) This process is formally initiated for each teacher at least every three (3) years, and is an ongoing collaborative effort between teacher and administrator during the course of the appraisal period. The formative portion (i.e., the data gathering portion) of the appraisal process, may vary in length but is to be not less than one year nor more than 3 years. The length of the formative portion is to be mutually agreed upon by the teacher and administrator. A written summative evaluation is completed by the administrator at the end of the appraisal process. (A form, "Teacher Enhancement Summary" is in Appendix G-4.)
B. The staff member and immediate supervisor, or mutually agreed upon designee, will participate in the goal setting process.
C. Itinerant staff will be appraised by a designated home supervisor.
D. Goals will be developed in one or more of the following areas:
1. Planning and Preparation
2. Classroom Environment
3. Classroom Instruction
4. Professional Responsibilities
E. Measuring progress towards meeting the goals is a joint effort of the teacher and administrator. Several techniques can be employed to formatively collect data. These include, but are not limited to:
1. Reflection conferences where teacher and administrator meet periodically to
discuss progress towards achieving the identified goals. (An optional form,
"Teacher Enhancement Meeting Log", to record such discussions is in Appendix G-5.)
2. Formal observations that may include pre observation conferences and/or post
observations conferences.
3. Artifact collection
4. Student evaluations
5. Teacher’s self reflections
6. Portfolio development
7. Evidence of student learning
During the actual appraisal period (following the goal setting conference to the time of completion of the summative evaluation report) records of the interactions, contacts, observations, activities, and so forth between the supervisor and the staff member should be kept.
F. A final appraisal conference is held at the end of the appraisal period and a written copy shall be given to the teacher. Within five (5) work days following receipt of same, if a teacher requests, a conference will be held with the administrator to discuss the appraisal. If a teacher disagrees with the appraisal, he/she may submit a written statement which shall be attached to the file copy of the appraisal in question and/or submit a complaint through the grievance procedure.
G. The "Teacher Enhancement Summary" is submitted to the Director of Human Resources by the third week in May. The write up includes a summary of the appraisal process, recommendations for any follow up, and optional remarks. Signatures represent completion of the process.

SECTION 3 Intensive Assistance Program for Tenured Teachers
A. The Intensive Assistance Program is an attempt to assist a staff member who is demonstrating professional performance deficiencies. The purpose is to restore performance to an acceptable standard.
B. The appraisal of the performance expectations will be made through a supervisor's daily contact and interaction with the staff member, and will be based on the standards contained in the framework that details the four goal areas to be used for evaluation of teachers.
C. A teacher who demonstrates deficiencies can be identified in two ways:
1. A staff member who is not successfully meeting performance expectations: The appraisal of the goal setting process will be made through a supervisor's contact and interaction with the staff member. When problems occur in any of the goal areas, the staff member will be verbally contacted by the supervisor to remind him/her of the expectations in the problem area and to provide whatever assistance might be helpful. If the problem continues or reoccurs, the supervisor will prepare and issue to the staff member a written plan of assistance, identifying the performance standards which have not been met, the specific ways in which the staff member is to improve, and the assistance to be given by the district.
2. A staff member who is not successful in the goal setting process of Teacher Enhancement: The appraisal of the goal setting process will be made through a supervisor's contact and interaction with the staff member. If, at the completion of at least one cycle of the goal setting process, it is determined that a staff member is unsuccessful in establishing appropriate goals and/or attaining the established goals within the time frame mutually agreed upon during the goal setting conferences, the administrator will prepare and issue to the staff member a written plan of assistance, identifying the goals which have not been met, the specific ways in which the teacher is to improve and the assistance to be given by the district.
D. Prior to being placed on a plan of assistance, the district shall notify the Association President, and the staff member shall be entitled to have a representative of the Association present during the meetings to discuss such plan of assistance between the staff member and the supervisor.
E. In the event it is determined that a staff member's performance continues to be unsatisfactory after the intensive assistance process, steps will be taken to initiate dismissal in accordance with the Tenure Act.
F. If performance improves, the staff member will re enter the goal setting (Teacher Enhancement) process for the following school year.

SECTION 4 A. Evaluation of teachers, including observations and written statements for such purpose, is the responsibility of the Administration. No member of the bargaining unit can observe or make written statement of an evaluative nature which can be used in the evaluation of another member of the bargaining unit. However, this provision shall not prohibit members of the bargaining unit from activities, including classroom observations, which are part of efforts to assist other members of the bargaining unit. Persons other than administrators who are not members of the bargaining unit will not observe or make written statements which can be used in the evaluation of a teacher unless the teacher has been placed on the Intensive Assistance Program.
B. All administrators involved in evaluations shall be trained in the techniques, criteria and implementation of the Teacher Evaluation Program.
C. Prior to the beginning of the Teacher Evaluation Program, each teacher to be evaluated shall be informed, in writing, as to who that teacher's evaluator of record will be.
D. The names of teachers involved in the evaluation process shall be provided to the Association president each fall.

SECTION 5 All monitoring or observation of the work of the teacher shall be conducted openly and with the full knowledge of the teacher. The use of eavesdropping, closed circuit television, public address or audio systems and similar surveillance devices, shall be strictly prohibited.

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ARTICLE IV
Association Rights and Responsibilities

Section 1 The Board will not discriminate against any teacher with respect to hours, wages, terms or conditions of employment by reason of his/her membership in or participation in the activities of the Association.
Section 2 The Board specifically recognizes the right of its employees appropriately to invoke the assistance of the Michigan Employment Relations Commission, or a mediator from such public agency, or an arbitrator appointed pursuant to the provisions of this Agreement, and the Board and the Association agrees to be bound by any lawful order or award thereof.
Section 3 The Board grants the Association the right to the reasonable use of school premises for its professional or business meetings upon the prior written request made by the Association and approved by the Superintendent or his/her designee. The Association agrees to pay any overtime costs for use of facilities which may be incurred by the Board.
Section 4 No teacher shall be prevented from wearing insignia pins or other identification of membership in the Association either on or off school premises.
Section 5 The Board shall designate a bulletin board or an adequate portion thereof in each building for the posting of Association business notices and social announcements. All such notices, or announcements, shall contain the signature of an Association official.
Section 6 The Association will have access to all means of communications for its business notices and social announcements. The public address system may be used by the Association at the normal time for such announcements. A copy of all informational announcements, questionnaires, surveys, evaluations, and other general membership distributions or circulations initiated by the Berkley Education Association shall be given to the building principal and a copy sent to the Assistant Superintendent at the time of such distribution or circulations.
Neither the Berkley Education Association nor any of its members shall contact any outside agency or organization or vendor on behalf of the Berkley School District for the purpose of seeking advice, counsel, making purchases or acquiring services, or support without the express permission of the appropriate administrator.
Section 7 The Board agrees to furnish to the Association, in response to requests, copies of all available public information concerning the financial resources of the district and such other information as will assist the Association in developing intelligent, accurate, informed and constructive programs on behalf of teachers. The Board also agrees to provide the Association such information as may be necessary for the Association to process any grievance or complaint.
The Board shall make available for the Association all documents which are freely available to the public. It shall not be required to provide the Association with management documents such as Budget Responsibility Reports nor to compile information not available to the general public.
Section 8 The Board shall place on the agenda of any regular Board meeting, matters brought to its consideration by the Association so long as those matters are made known to the Superintendent's office by the close of the business day on the Wednesday prior to said regular Board meeting
Section 9 Any state or federal grant applications must be brought to the attention of the Association prior to filing.
Section 10 The Association President shall be released the equivalent of thirty (30) days per year at Board expense for the performance of Association business. Scheduling of such days shall be done by the Association President and his/her immediate supervisor. Additional release time may be provided at the discretion of the Superintendent or his/her designee each school year. Any high school teacher serving as Association President shall not be scheduled to teach any periods after lunch in a block schedule. The Association President shall be considered to be employed full time by the Board for all purposes during the term of office.
Section 11 The Association shall be given, upon the authorization of the Association President, thirty (30) days release time to be utilized by Association officers or representatives for attendance at professional activities such as professional conferences, workshops, R.A. Assemblies and grievance proceedings. Said days shall accumulate from year to year. An additional fifteen (15) days of released time will be granted and the Board will be reimbursed by the Association for each of these days used at the current substitute rate. The last five (5) days will be used subject to the approval of the Director of Human Resources.

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ARTICLE V
Teacher Rights and Responsibilities

Section 1 Nothing contained herein shall be construed to deny or restrict to any teacher rights he/she may have under the Michigan General School Laws or applicable Civil Service laws and regulations. The rights granted hereunder to the teachers shall be in addition to those provided elsewhere.
Section 2 Teachers shall be entitled to full rights of citizenship and no lawful religious or political activity of any teacher, or lack thereof, shall be grounds for any discrimination or discipline with respect to the professional employment of such teacher; provided, however, that no teacher shall engage in any religious or political activity in the course of his/her school day employment.
Section 3 The Association and the teachers recognize it is neither their function nor right to assume administrative responsibilities. The teacher recognizes his/her responsibility to uphold and hereby agrees to uphold, all written policies, written rules, and written regulations promulgated by the Board, providing those policies, rules and regulations are not in conflict with this Agreement. To this end the District’s Teacher Handbook, which contain teacher professional responsibilities, school rules and regulations, will be given to teachers. In addition, a copy of the school district's policy manual will be available to teachers upon request. Any new or revised school district policies that concern staff will be communicated to staff through an inter-district publication (i.e., green sheet).
Section 4 It is agreed to by the parties that the evaluation of students is the responsibility of the teaching staff. No grade may be changed unless either the teacher who issued the grade concurs or the majority of the Grade Review Panel approves of the change. The Grade Review Panel shall be composed of three (3) teachers selected by the Association, one (1) Board member and the Superintendent or his/her designee. Should the teacher not concur and the panel approve the grade change, the teacher may appeal the decision to the Board. The decision of a majority of the board members elected and serving will be final.
Section 5 The management of students during the school day is an integral part of every professional educator's responsibility, and therefore, all professional educators shall take appropriate and effective action to promote conditions in school buildings and on school property which are conducive to good discipline.
Section 6 The Association and the teachers recognize the responsibility to implement the philosophy, goals, objectives, and curriculum as adopted by the Board.

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ARTICLE VI
Teacher Protection

Section 1
A. The Board will give support and assistance to teachers with respect to the maintenance of control or discipline in the classroom. Whenever it appears that a particular pupil requires the attention of special counselors, social workers, law enforcement personnel, physicians, or other professional persons, the teacher shall notify the principal in writing and the principal shall take appropriate and necessary action. The teacher shall be advised in writing of such intended course of action within five (5) school days.
B. Any discussion between administrators and teachers on issues of discipline or methods of instruction shall be conducted in private and not in the presence of students, parents, or other teachers not directly involved in the particular situation unless there is prior agreement with the teacher.

Section 2
A. A teacher may remove a student from a classroom to the appropriate administrative office for one class period when in the judgment of the teacher, the persistence of the misbehavior or the disruptive actions of the student makes the continued presence of the student in the classroom intolerable. In such cases, the teacher will furnish the principal full particulars of the incident in writing within twenty-four (24) hours. For purposes of this section, an elementary period shall be defined as one (l) forty-five (45) minute period of time. The administrator will consult with the teacher on a course of action within twenty-four (24) hours. In the event of a serious offense, the teacher may immediately remove the student from the classroom to the appropriate administrative office provided that full particulars are furnished to the principal in accordance with procedures outlined on the conduct referral form. This should be done as expeditiously as possible. The principal or assistant principal shall determine the appropriate action to be taken. The teacher shall be advised in writing of such action or intended course of action within two (2) school days following receipt of the above mentioned statement.
B. When three charges of serious misconduct, as determined by mutual agreement of principal and teacher, are filed on a student in any one semester, a formal disciplinary hearing may be initiated by the teacher. The hearing will be convened by the principal or his/her designee in accordance with due process requirements. Any or all action to be taken by the principal or his/her designee must be reported in writing to the teacher involved within two school days of the filing of the third referral form.
C. Upon the fourth charge of misconduct, as mutually determined by the principal and teacher, notification will be sent to the Superintendent. The teacher will be notified of any subsequent action.
D. A teacher also has the option of suspending a student for one day in accordance with MCL 380.1309 (Appendix F-1) and Board Policy JDBA (Appendix F-2).

Section 3 Any written complaint directed toward a teacher and made to an administrator or Board member, or any complaint made by a person acting on behalf of the administration, must be promptly and objectively reported in writing to the teacher in question. No complaint shall be included in the personnel file of the teacher, until said teacher is given the opportunity to attach a written reply to the complaint. In addition, the teacher may request a hearing with the appropriate administrators. A representative of the Association may be present. If any questions of breach of professional ethics on the part of the teacher is involved, the Association shall be notified.

Section 4 Teachers shall observe all written rules concerning discipline of students as are established by the Board and the State of Michigan under Public Act 290, 1964. In the event criminal or civil proceedings are brought against any teacher in the course of his/her employment, the Board or its designee will conduct an investigation to determine whether or not it will furnish counsel for such teacher. In the event the Board refuses to furnish counsel and the teacher ultimately is found not guilty, the Board will fully reimburse the teacher for legal counsel fees expended. The teacher shall furnish the Board with a statement from his/her legal counsel certifying the legal fees actually paid by the teacher, excluding any legal fees paid by insurance or other sources.

Section 5
A. Any incident of assault on a teacher shall be immediately reported, by the principal, to the Superintendent.
B. In the event of legal action resulting from an incident of assault on a teacher, the Board or its designee will conduct an investigation to determine whether or not it will furnish counsel for such teacher. In the event the Board refuses to furnish counsel and the teacher is ultimately upheld by the courts in such action, the Board will fully reimburse the teacher for legal counsel fees expended. The teacher shall furnish the Board with a statement from his/her legal counsel certifying the legal fees actually paid by the teacher excluding any legal fees paid by insurance or other sources.

Section 6 Time lost by a teacher in connection with any justifiable incident mentioned in this Article, shall not be charged against the teacher.

Section 7 No material of a negative nature originating after original employment will be placed in his/her personnel file unless the teacher has had an opportunity to review the material. The teacher may submit a written notation regarding any material and the same shall be attached to the file copy of the material in question. If the teacher believes that material to be placed in his/her file is inappropriate or in error, he/she may receive adjustment, provided cause is shown, through the grievance procedure whereupon the material will be corrected or expunged from the file. If the teacher is asked to sign material placed in his/her file, such signature shall be understood to indicate his/her awareness of the material, but in no instance shall signature be interpreted to mean agreement with the content of the material.

Section 8 A teacher will have the right to review the contents of all records of the district pertaining to the said teacher, originating after original employment, excluding confidential recommendations, and to have a representative of the Association accompany him/her in such review.

Section 9 Any action taken against a teacher including discipline, demotion, or discharge, shall be for reasonable and just cause and appropriate to the behavior which precipitated such action.

Section 10 If a teacher is to be disciplined or reprimanded by the Board or its agents, he/she shall be entitled to have a representative of the Association present. Whenever a teacher shall meet with an administrator, and such meeting will result in disciplinary action, the administrator shall notify the teacher of the purpose of the meeting prior to beginning the meeting, and notify the teacher of his/her right to representation. If the teacher requests representation, no further action or discussion shall take place until a representative of the Association appears, which shall in all cases be within two (2) work days.

Section 11 If a teacher is injured in the course of employment, free medical, surgical, or hospital care shall be furnished by the Board at a designated medical facility for the initial visit. Subsequent medical care may be pursued at a medical facility chosen by the teacher as provided under the Worker's Disability Compensation Act.

Section 12 In the event a teacher becomes disabled during the course of the school year, he/she may be given consideration for employment in another capacity in the district.

Section 13 Persons other than administrators shall be allowed in teachers' classrooms only according to the following guidelines:
A. The teacher will be notified at least 24 hours prior to the visitation.
B. The teacher will be informed of the purpose of the visit.
C. The teacher will have the opportunity to inform the administration and the person making the visitation of their teaching plans prior to the visitation.
D. Where the person is not a regular employee of the District, such visits shall be limited to one (1) visit per week without the expressed permission of the teacher.

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ARTICLE VII
Teaching Hours and Teaching Load

Section 1
A. All staff shall report ten (10) minutes prior to the commencement of the normal student day and shall be required to remain five (5) minutes beyond the normal student day. During such time, teachers shall be on the school premises and on normal school business. The first five (5) minutes and the last five (5) minutes of the workday shall not be used as planning time. The second five (5) minutes of the workday may be used toward the contractual amount of planning time if it is used within a block of fifteen (15) minutes or more. Teachers may leave early only when prearranged with an appropriate administrator.
B. The building administration retains the right to call upon teachers to assist in the management of the building when deemed appropriate and necessary on a temporary basis to restore and/or maintain order. All staff will continue to assume their responsibility for guidance and leadership of student behavior at all times during the school day.
C. All administrative/building meetings held during the first day(s) of each new school year (the time prior to students being scheduled to report for their first full day of instruction) shall be restricted to a combined total of ninety (90) minutes. During these day(s) the administration may also meet with new hires for a period not to exceed ninety (90) minutes.

Section 2 All bargaining unit members shall receive a duty free uninterrupted lunch period according to the following schedule:
High school - 55 minutes
Middle school - 45 minutes
Elementary school - 55 minutes
Time required to travel between buildings shall not be counted as a portion of any teacher's lunch period.

Section 3
A. The Board will attempt to provide relief periods for all teachers servicing elementary buildings through procedures mutually established by the staff in each building. However, it is understood that said relief periods will no longer be guaranteed.
B. Each elementary teacher shall receive a minimum of two hundred fifty-five (255) minutes of prep time each week with at least one block of thirty (30) minutes each day.
C. Time required to travel between buildings shall not be counted as a portion of any teacher's preparation and/or relief period. Generally, fifteen (15) minutes will be scheduled for this purpose unless the distance between buildings or other unique circumstances require additional time up to twenty (20) minutes.
D. Senior high and middle school counselors and media specialists shall have relief periods equal to the teachers' preparation time to be approximately equally divided between the morning and the afternoon. This access to relief and/or preparation periods shall also be guaranteed to all other bargaining unit members.

Section 4
A. With an eight (8) period block schedule, each full time teacher will teach five (5) block classes and be assigned one (1) seminar. The classes and the seminar shall each be as equal in length as possible. The seminar shall not require additional teacher preparation. Each teacher shall be guaranteed one (1) preparation period per day.
Part time teachers shall be provided one-half (½) hour of preparation time per day for each class taught (including seminar) up to a maximum of one (1) preparation period per day. In addition, part-time teachers on alternate day schedules may teach all periods on their scheduled day. If this occurs, the teacher shall be compensated for one (1) preparation period per day to be scheduled on the teacher’s own time.
B. The normal classroom teaching load in the middle schools will be 355 minutes inclusive of a preparation period of not less than forty-five (45) minutes. During this time, each middle school teacher shall either be assigned to five (5) academic assignments and a team period or six (6) academic assignments.

Section 5 The Board will pay the teacher at his/her hourly rate for time spent in any meeting in excess of twenty-five (25) hours per year, excluding those meetings necessary to resolve student or parent issues, and one open house. For the high school staff, there will be one less staff meeting per year than elementary and middle school staff in exchange for a two (2) hour evening commitment to showcase normal classroom activities. For purposes of this Section, the teacher's hourly rate shall be one-tenth of one percent of his/her base salary. Teachers may meet on a voluntary basis with their building administrator to resolve instructional problems, and to assist in curriculum development and implementation. Administrators and/or designee will attempt to keep the duration of staff development, faculty and/or department to less than seventy-five (75) minutes, and these meetings will commence fifteen (15) minutes beyond the student day. However some staff development meetings may be longer than the seventy-five (75) minutes in order to fulfill the twenty-five (25) hour staff meeting requirement.
At least one week’s notice will be given for any additional staff meetings to meet the 25 hour requirement and/or any make-up meetings for cancelled staff meetings.

Section 6 The Board will not require teachers to teach as substitutes in excess of their normal weekly teacher load, or in lieu of their normal assignment unless agreed upon by the individual teacher. Should a teacher substitute, remuneration will be on the following basis:
High school (block) – one-fifth (1/5) of one (1%) percent of the BA base salary per period. Two (2) or more teachers may share the substitute responsibility. If this occurs, each teacher shall receive a prorated amount.
Middle school - 1/10 of 1% of the B.A. base salary per period.
Elementary - 1/10 of 1% of the B.A. base salary per art period; 2/3 of 1/10 of 1% of the B.A. base salary per vocal music, foreign language and physical education period.

Section 7 If a teacher is assigned a duty period, such assignment should be of a regular and specific nature. If deviation from the regular schedule is necessary, notice of such must be given before a duty or planning period begins or a teacher will be paid for the period at the hourly/period base rate.

Section 8 The Board will not require a teacher to regularly teach more than the normal teaching load as set forth in this Agreement unless the teacher agrees to such assignment and unless he/she receives additional compensation prorated at one-fifth (1/5) of the teacher's contracted salary for each additional teaching period in the high school, or one-sixth (1/6) of the teacher's contracted salary for each additional middle school teaching period.
In no case, however, shall the implementation of this Section result in not recalling a teacher minimally to a one-half time position.
With an eight (8) period high school block schedule, a teacher shall receive additional compensation prorated at one-sixth (1/6) of the teacher’s contracted salary for each additional teacher period.
Itinerant teachers who, because of the varied start and end times of the student day in the different buildings, may work a long day and shall receive additional prorated compensation.

Section 9 Every attempt will be made to keep Elementary Music, Physical Education, Art and Media/Technology classes to not less than thirty (30) or more than forty-five (45) minutes for grades K-3; fifty-five (55) minutes for grades 4-5. In no case will any special class be longer than sixty (60) minutes in grades 4-5. Elementary foreign language will not be less than thirty (30) minutes including five (5) minutes passing time, if necessary.

Section 10 The scheduling of itinerant teachers is dictated by program and staffing needs. However, the parties recognize that traveling between schools on the same day, and serving more than one school each day presents difficulties. To this end, every attempt will be made to assign art, music, foreign language and physical education teachers so as to limit the number of buildings serviced and to promote continuity of assignment from year to year. Every attempt will be made to limit the number of buildings to less than four (4) per day. A BEA member representative from each special subject area will sit on the District’s Special Subject Schedule Planning committee.
If program and/or staffing needs are such that these goals cannot be attained, the circumstances will be communicated to the teacher and the Association President.

Section 11 Each Library Media Specialist's school year may be extended one week before and one week after the school year. Such time will be remunerated at the individual’s per diem salary amount for each day of the extension.

Section 12 First-year teachers, will be required to attend, during the summer of the year following their first year of hire, a three-credit college-level course on differentiated instruction developed by the District. The course dates will be determined by the District and shared with teachers by March 1st of their first year of hire. The District agrees to pay the course tuition fees for each teacher who receives credit in the course. Should the teacher resign from the District during the school year following completion of the course to take other employment, the teacher will reimburse the District for the tuition fees.

Section 13 Because many of the schools in the District serve as election precincts, schools will be closed (non-attendance day for students) on National Election Days and the calendar will reflect that accordingly.

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ARTICLE VIII
Teaching Conditions

The parties recognize that the availability of optimum school facilities for both the student and the teacher is desirable to insure the high quality of education that is the goal of both the teacher and the Board. It is also acknowledged that the primary duty and responsibility of the teacher is to teach and that the organization of the school, school facilities and the school day should be directed at insuring that the energy of the teacher is primarily utilized to this end.

Section 1
A. The parties agree that every effort will be made to keep class sizes to an acceptable number (approximately twenty-seven (27) on a district-wide basis) as dictated by the financial condition of the district, the building facilities available and the availability of qualified teachers.
B. Departure from any recognized norm may be authorized by the Superintendent. The Superintendent will advise the Association, in writing, prior to such departure.

Section 2
A. It shall be the goal of the Board to maintain K-2 class size at twenty-six (26) pupils or less and 3-5 class sizes at twenty-eight (28) pupils or less, but in no case shall K-2 class sizes exceed thirty-one (31) pupils or 3-5 class size exceed thirty-three (33) pupils. Further, a one-half (1/2) time paraprofessional shall be assigned to each class that exceeds thirty (30) pupils.
B. Equity of classroom distribution shall be a district goal. In cases where inequity of class size exists, administrators will confer with the Association and the teachers involved to resolve the issue. Distribution of students shall be as nearly equal as possible among classes at the same grade level within each elementary building and like courses within the same hour at each secondary building.
C. Split classes will be maintained at a class size level lower than non-split classes at the same grade level in the building. A grade 2-3 split shall not exceed thirty-one (31) pupils.
D. Class size in the secondary schools shall be established not later than the official student count day of each semester on the number of student contacts per day as follows:
(1) With five (5) high school classes a maximum of one hundred fifty (150) student contacts per day.
(2) With four (4) high school classes a maximum of one hundred twenty (120) student contacts per day. In an alternating two (2) day block cycle, a full-time teacher at the high school will have five (5) classes with a maximum of 150 student contacts and one (1) seminar with a maximum of 24 student contacts.
(3) With six (6) middle school classes, a maximum of one hundred eighty (180) student contacts per day.
(4) With five (5) middle school classes a maximum of one hundred sixty (160) student contacts per day.
Part-time teachers assigned to fewer classes than those listed above and teachers assigned to both the high school and middle school will count their maximum allowable student contacts per day as a pro rata portion of the above.
(5) Should any secondary teacher's student contacts exceed the above, a paraprofessional on a half-time basis will be available on request to said teacher for non-instructional purposes on all teacher duty days.
(6) Excluded from above:
*Orchestral Music
*Vocal Music (Every attempt will be made at the Elementary and Middle School to keep class size at 40).
*Physical Education classes (except those that require a normal classroom setting for a minimum of one-third (1/3) of the class periods in a given semester). Also PE Pool classes will be limited to 30; weight training limited to 40.
*Keyboarding
*Instrumental Music
*Study Hall
(7) Nothing in the foregoing sections will be interpreted to preclude such practices as large group/small group instruction team teaching, etc., if they are considered educationally sound and practical and with the mutual agreement of the teacher(s) involved.
E. No middle school or high school class shall exceed thirty-four (34) pupils.
F. Distribution of certified special education students and E.S.L. students will be as nearly equal as possible among classes at the same grade level within each elementary building and like courses at each secondary building.
Additionally, the Board and the Association recognize that when significant numbers of impaired students are mainstreamed into general education classes, that the teacher's ability to provide a quality education for all students in the class may be impaired unless additional assistance or resources are provided. It is therefore agreed that where balancing as provided in this provision does not alleviate this problem due to the existence of one section classes or scheduling difficulties, where the number of such students in a class or where the severity of the student's impairment dictates special plans, curriculum, or measuring devices, the teacher may request the district to provide him/her with additional assistance to ensure educational quality for all students. In such cases, when the teacher has made a request to the building principal, the principal shall meet with the teacher to discuss possible ways to alleviate the problem. If the principal cannot alleviate the problem, he/she shall inform the teacher in writing regarding the reasons why it is not within his/her ability to resolve. If the teacher is not satisfied with the response of the principal to the identified problem, the teacher may appeal via the grievance procedure.
F. Class size provisions shall be in effect throughout the length of the Master Agreement.
G. Adjustments to implement these provisions shall be concluded by the official student count day of each semester.

Section 3
A. The parties agree that in cases of mainstreaming handicapped students, all other factors being equal, preference shall be given to placing them at their home schools.
B. Any teacher may ask that the program of an impaired student assigned to that teacher be reviewed by an appropriate team of staff. The administration shall convene such a case review and invite the referring teacher to attend.
C. Any teacher serving Special Education, E.L.L., or high needs students may request the convening of a support team to assist that teacher in the delivery of instruction. If training is necessary, such training shall be provided during the school day. If said training cannot occur during the school day, it shall be remunerated at the established hourly/per diem rate.
D. If a general education teacher is required to attend a special education/E.L.L. meeting (i.e., I.E.P.'s, M.E.T.'s, etc.) which requires he/she use more than one planning period in a week, the principal will provide that teacher with equivalent planning time lost within the next five (5) school days.
E. In the event that a special education teacher’s planning time has been impacted, every reasonable effort will be made by the building principal to give the teacher additional planning time.
F. Every effort will be made to limit attendance at special education/E.L.L. meetings to forty-five (45) minutes per week during the classroom teaching load time for each general education teacher.
G. No teacher shall routinely be required to perform medical or hygienic procedures on a student. This does not preclude the need for the teachers to be trained to carry out these responsibilities in emergency situations.

Section 4 The Board shall furnish, without charge, gym uniforms for physical education teachers (to a maximum of $100), smocks for art and home economics teachers, lab coats for science teachers, coats and/or uniforms for shop teachers in accord with the nature of their assignment.

Section 5 The Board recognizes the need for appropriate instructional supplies and equipment. The parties will confer from time to time for the purpose of improving the curriculum and selection and use of such educational tools and the Board will consider all recommendations thereof made by its representative and the teachers.

Section 6 The Board shall make available in each school, adequate lunchroom, lounge, and lavatory facilities and at least one room, appropriately furnished, which shall be reserved for use as a faculty lounge.

Section 7 The Board will make available:
A. A separate desk and/or file cabinet for each teacher with lockable drawer space in each building to which the teacher is assigned. In addition, the Board shall provide lockable storage space for personal belongings and teaching materials in each building.
B. Adequately maintained parking facilities.
C. Adequate chalkboard/whiteboard space in every classroom.
D. Attendance books, paper, pencils, pens, chalk, erasers, dry erasers, markers and other equipment and materials required in daily teaching responsibility. The required equipment shall be maintained in good working condition, within the limits of the adopted budget.
E. Suitable locker space for the storage of coats and personal articles.
F. Copies, exclusively for each teacher's use, of teacher's editions of texts used in each of the courses he/she is to teach.
G. Vending machines for teachers when requested by the Association, to be maintained, serviced, and managed by the Association.
H. Shop class sizes which comply with safety standards established by the State of Michigan.
I. Clean and well maintained facilities.
J. Teachers shall be provided with a private area with adequate telephone and computer access.
K. Equipment suitable for transporting and securing supplies when a teacher is assigned in more than one room.
L. Adequately prepared classrooms ready for instruction.

Section 8 Teachers shall have lesson plans in their classroom for use by administrators and substitutes which set forth the objectives procedural directions and the resources to be used. Each teacher shall make available a one-day set of emergency lesson plans which provide a valid learning experience for students and which may be implemented in the event of a substitute being utilized who has no knowledge or preparation in the prior learning experiences necessary for implementation of the regular lesson plan.
(See Teacher Handbook for examples of appropriate lesson plans).

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ARTICLE IX
Assignments

Section 1 All assignments shall be made at the discretion of the administration. Administration shall place teachers who satisfy the certification requirements of any applicable State and/or Federal legislation, regulation, or guideline related to the bargaining unit position at issue.

Section 2 Teachers shall be notified in writing of their teaching program, schedule and room assignments for the ensuing year by the last day of the school year as defined by the school calendar when possible. All others shall be notified at the earliest possible date. However, in no case shall notification be given later than two (2) weeks prior to the opening of school. This minimum notice shall also apply to the second semester of the high school schedule. Should circumstances or conditions arise which necessitate a change of schedule or assignment after the teacher has been notified, the administration shall inform the teacher involved and discuss such changes and the reasons involved.

Section 3 In order to facilitate scheduling teaching assignments for the ensuing school year, teachers desiring a change in grade and/or subject assignment within the same building shall notify the administration in writing prior to May 1 of the current school year and those requests will be kept on file for one year.

Section 4 If due to changes in pupil enrollment, the Board is required to institute schedule changes and alter planning time for special subject teachers, within the limits as determined in the Master Agreement, these changes must be made no later than the second week of school; and only after consultation with the teacher(s) involved and notification of the Association.

Section 5 Any assignment in addition to the normal teacher schedule during the regular school year enumerated in Appendix "B" shall not be obligatory; but shall be with the consent of the teacher. In making such assignments, qualifications being equal, preference will be given to the teachers regularly employed in the district and in their subject area.

Section 6 Berkley teachers will be given preference in filling paid support positions such as ticket seller, ticket taker, door guard, chain gang, score keepers, timekeeper, announcer, etc., during sporting and school sponsored events. Notices of such positions shall be publicized by a general posting in all buildings and a written copy sent to the Association.

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ARTICLE X
Vacancies, Transfer, Layoff and Recall

Transfers (Definition) - Transfer shall mean the movement of a teacher from one administrative unit to another, or from elementary to secondary education or secondary to elementary education, or from a classroom to a non-classroom position, or vice versa, within the bargaining unit.
A grade level to grade level change within an elementary administrative unit, or a change in subject area in a secondary administrative unit shall not be considered a transfer. Special education support staff changes in grades serviced or in assigned administrative units shall not be considered a transfer. For purposes of this Article, elementary shall be defined as grades K-5 and secondary as 6-12.

Section 1 Teachers interested in a transfer shall send a written request to the Director of Human Resources, copy to the BEA president, by March 15th for consideration for the following school year. Teachers filing transfer requests shall be notified by the Director of Human Resources at the end of each year as to the current status of their request and options available. Transfer requests including displaced teachers will be considered first for prospective vacancies. The vacant positions remaining from the granted transfers will be posted as outlined in Section 7 of this Article.

Section 2 When a teacher requests a transfer, a written notice of said transfer or refusal thereof shall be given to the teacher prior to filling the position. If the transfer is not granted, the reason shall be given to the teacher, in writing, with notification sent to the Association. The teacher may, upon notice to the Human Resource Office, ask that their transfer request remain on file in the event that the vacancy reoccurs.

Section 3 Any teacher who shall be transferred to an administrative position, and shall later return to teacher status, shall be entitled to retain such rights as he/she would have had under this agreement had he/she not transferred to an administrative position.

Section 4 Involuntary Transfers - Involuntary transfer shall mean a transfer initiated by the Board, or its designee, which the teacher has not requested.
Before an involuntary transfer is effected, there shall be a meeting of the teacher, his/her representative, and the Superintendent, or his/her designee, at which time the teacher shall be advised of the reason for the proposed transfer.
An involuntary transfer will be made only to implement the best interests of the educational program, or be made due to declining enrollment.
Should a grievance arise as a result of an involuntary transfer, the Board agrees to deal with each step of the grievance procedure as rapidly as possible.
A teacher who has been involuntarily transferred or reassigned within the Special Education Department shall be given the first preference to return to any opening for which he/she is certified and qualified that may occur in the building, department, or grade level from which the teacher was transferred each school year that the teacher has provided written request of such return to the Director of Human Resources by the previous April 15. Such return shall occur according to seniority. If a teacher refuses to return to his/her previous placement, said refusal will result in repeal of his/her rights under this section.

Section 5 Vacancies - In filling professional vacancies, or newly created professional positions, the Board shall continue to seek out the best qualified candidates available. All qualified teachers shall be given an opportunity to make application for such positions.

Section 6 Vacancies within the bargaining unit shall be filled on the basis of the qualifications of the applicant and length of service in the district. An applicant with less service in the district shall not be awarded such position over a more senior applicant unless his/her qualifications shall be superior and this fact be communicated to the Association through its representative. In making such assignments, qualifications being equal, preference will be given to teachers regularly employed in the district.

Section 7 Vacancies, including bargaining unit supervisory positions, shall be posted with accompanying job descriptions. Qualifications appearing on all job postings shall be clear and well defined. Selection shall be based on the qualifications as posted and the seniority of the applicants if qualifications are equal. The vacancy will be posted throughout the buildings of the district and to the Association for a minimum of ten (10) school days. This posting requirement shall not be in effect should a teacher on the recall list be qualified and certified for the vacancy.

Section 8 Vacancies which occur during the summer shall be communicated to the Association by the Board of Education. In addition, a staff member may notify the Personnel Office prior to the close of the school year if he/she desires to be notified of any vacancy(s). Such notices shall be mailed to the summer address listed for the staff member. Fourteen (14) calendar days will be allowed for response by any interested parties.

Section 9 Reduction of Personnel
A. In the event it becomes necessary to reduce the number of teachers due to program elimination of reduction, or to reduce the number of teachers in a given subject area, field or program, or eliminate or consolidate positions, the Board shall follow the procedure listed below, and layoff shall occur according to certification and qualification.
1. Teachers not holding a regular Michigan provisional, continuing or qualified certificate will be laid off first, provided there are fully qualified, fully certified teachers to replace and perform all the needed duties of the laid off teacher.
2. If reduction is still necessary, then probationary teachers with the least number of years seniority in the Berkley School System will be laid off first, provided there are remaining fully qualified, fully certified teachers to replace and perform all of the needed duties of the laid off teachers.
3. If further reduction is still necessary, then tenured teachers with the least number of years of seniority in the Berkley School District will be laid off first, provided there are fully qualified, fully certified teachers to replace and perform all the needed duties of the laid off teachers.
B. Fully qualified and fully certified teachers shall be defined as follows:
1. Teachers who have earned a provisional or continuing teacher certificate in a given subject area, and
2. Who have completed eighteen (18) semester hours of college credit in a given subject area or have taught in the subject area or grade level (elementary) on a regular basis within the last five (5) years preceding the layoff, and
3. Who have earned the minimum credit hours required by the North Central Association. A person receiving a North Central Association citation shall be given one year to correct the deficiency.
C. Should a qualified teacher be placed in a position for which he/she has had no experience or training for the past five (5) years that teacher may be required to update his/her training over the next twelve (12) month period at Board expense.
D. Only when no qualified Berkley teacher is available may an unqualified teacher be placed in a position. Should a teacher be placed in a position for which that teacher is not qualified, that teacher shall have a twelve (12) month period in which to become qualified. Exceptions to the twelve(l2) month time limit may be made only in unusual circumstances as determined by the Director of Human Resources.
E. Seniority shall be defined as total years of service in the Berkley School District in a certified position computed from the date and time of hire. Part-time contractual employment preceded and followed by full-time employment shall not interrupt years of service. Professional leaves, sabbatical leaves or military leaves shall not be considered as interruption of years of service. All other leaves shall not count as years of service, but seniority is computed from the date and time of hire minus the time of such leave. If a person resigns, or otherwise leaves the employ of the district other than on an approved leave of absence and subsequently returns, seniority is computed from the date and time of hire after returning to the employ of the Board.
F.
1. In the event of layoff, the Board shall institute a recall procedure which will be in the inverse order of the above layoff procedure. Prior to recall, voluntary transfer of those teachers previously involuntarily transferred may be granted. Also, other voluntary transfers may be granted, so long as such transfer does not result in the recall of a teacher with less seniority. In no case shall a new teacher be hired in a subject area until all laid off teachers certified and qualified in that subject area have been recalled or decline the opening.
2. In no case shall a teacher remain on layoff when a teacher with less seniority is employed in a position for which that teacher is certified and qualified.
3. In the event that more than one (1) teacher holds an identical seniority date, a lottery will be conducted among such teachers, prior to layoff, in order to determine the order of layoff and recall.
4. The Association President shall be notified prior to each recall. Teachers who are on layoff from other Oakland County school districts will be considered for vacant teaching positions for which they are qualified and certified as those vacancies occur. It is the responsibility of the Association to provide the Board with current lists of Oakland County laid off teachers.
G. Teachers being recalled prior to the first day of the school year, will be given fourteen (14) days from the receipt or twenty (20) days from the mailing (whichever is shorter) of a registered letter of recall to indicate their acceptance or rejection of reemployment. Those being recalled following the first day of the school year shall have ten (10) days from the receipt or fourteen (14) days from the mailing (whichever is shorter) of the registered letter of recall to respond. Failure to respond within the time periods will end the employee's seniority rights, except that a teacher who is sick shall notify the Board of his/her intent to return as soon as possible and, from the date of his/her notifying the Board, shall be deemed to be on sick leave. A substitute shall be hired in his/her place until he/she returns from sick leave. A substitute position of this nature shall be offered first to any remaining teachers who are yet laid off.
H. Layoff means removal from the payroll with the retention of all employment rights. Teachers laid off also have the right to purchase health insurance at the group rate for as long as permitted by the carrier. Such rights shall extend for five (5) years from the effective date of layoff.
I. The Board must notify each teacher to be laid off no later than May 30 of the school year prior to the school year in which the layoff is to become effective. If the Board can present evidence of financial difficulty, in accordance with the tenure law, the sixty (60) day notice, as it pertains to tenured teachers, may then be given at any time during the year.
J. For purposes of layoff and recall, probationary teachers with one semester or more of previous experience shall be considered as second year probationary status.
K. In the event staff reduction is necessary during the school year, for financial reasons as determined by the Board and after consultation with the Association, the class size provisions (Article VIII - Section 2) will be waived during the year in which such conditions exist.
L. It is intended that this Article takes precedence over and governs the individual teaching contracts and the individual teaching contract is expressly conditioned by this Article.
M. Upon request, laid off teachers shall be placed on the district's substitute list and shall be offered voluntary substitute work on a seniority basis prior to that work being offered to non-bargaining unit members. Should a laid off teacher refuse said substitute work when contacted on more than five (5) occasions, this priority of work shall cease, unless extenuating circumstances (illness, out of town, etc.) exist.

Section 11 Elimination of Tenure in Position
The Board and Association agree that no teacher employed under this Agreement shall acquire tenure in any capacity other than as a classroom teacher. It is further agreed that tenure in any capacity other than as a classroom teacher is expressly excluded and waived under this Agreement.

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ARTICLE XI
Paid Leave Policy

Sick Leave and Personal Leave
Section 1 Sick leave shall be defined as:
A. The personal illness/disability of an employee.
B. The illness or injury of a member of the employee's immediate family.
C. Adoption of a child

Section 2 Personal leave shall be defined as absence for the transaction of business which cannot be reasonably transacted outside of school hours. Personal leave will be granted upon approval of the building administrator and Human Resource Director for absences from school in circumstances of an unusual nature and need. This applies to absences which are necessary and unavoidable, because matters of business cannot be reasonably transacted outside of school hours. Some examples of proper use of personal leave are: taking care of legal matters such as the settling of an estate, the purchase of a home, or the adoption of a child; attending the funeral of a close friend; meeting religious obligations; getting married; attending to an emergency at home (see Section 10 of this Article for examples of improper use of personal leave.) Special circumstances may be approved with prior notification/approval by the Superintendent or his/her designee.

Section 3 An employee will be allowed leave time as set forth in this Article to the extent of thirteen (13) school days per year. An employee shall receive credit at the end of the school year for the unused portion of the thirteen (13) day leave allowance. The accumulated maximum total days, herein referred to as the sick leave bank, which may be used for personal illness or injury only (as defined above), shall not exceed two hundred five (205) days in any school year. Teachers who have accumulated two hundred five (205) days prior to the beginning of the school year shall not have days deducted from this accumulation until they have used thirteen (13) days.

Section 4 At the beginning of each school year and throughout the year, the Board shall contribute a sufficient number of sick leave days to a bank of leave days called the BEA Sick Bank, so as to maintain the number of days in said bank at a maximum of five hundred (500) days, provided, however, that the number of days contributed to the Sick Leave Bank by the Board in any one (1) school year shall not exceed an amount equivalent to the number of teachers employed by the Board at the beginning of said school year. The above mentioned BEA sick leave bank shall be administered by the Board. Teachers who have exhausted their accumulated sick leave allowance may make withdrawals from the BEA sick leave bank equivalent to the number of days the teacher had in his/her personal Sick Leave Bank at the beginning of that school year.

Section 5 Upon completion of each school year, a teacher utilizing two (2) or less paid leave days during that year shall receive their choice of the following:
Zero days $100 or 1 unrestricted personal day
1 day $ 75 or 1 unrestricted personal day
2 days $ 50 or 1 unrestricted personal day
If a teacher chooses an unrestricted personal day and wants to use it the day before or the day after a holiday, the number of teachers able to utilize their day will be restricted to one teacher per elementary/middle school and two teachers at the high school. This unrestricted personal day shall be considered one full day regardless if there is a half day scheduled per the school calendar and may not be used on the first or last scheduled student day.

Section 6 Any teacher who is absent because of an injury compensable under the Michigan Worker's Compensation Law shall receive from the Board the difference between the allowance under the Worker's Compensation Law and his/her regular salary for the duration of the absence due to injury up to a limit of three hundred sixty-five (365) calendar days. However, in no event shall a teacher receive an amount which exceeds his/her salary.
The difference between such regular daily salary payment and the daily amount received under the Worker's Compensation Law shall be divided by the teacher's regular daily salary for each day or days of absence and the quotient thereof shall be chargeable to and deducted from the teacher's common sick leave bank. If absence continues beyond three hundred sixty-five (365) days, further absences shall be charged pro-rata to the teacher's personal accumulative sick leave bank. Teachers absent due to such injury/illness shall continue to accrue seniority, salary credit and advancement, and all other rights and benefits as provided by this agreement for the duration of the illness. Eligibility for insurance benefits will be maintained for a minimum of twelve (12) months and for as long as the teacher continues to receive paid leave under either the teachers' common sick leave bank or the teacher's personal accumulative sick leave bank.

Section 7 Should the Board have probable cause to believe that a teacher is abusing the paid leave policy, the Board may require verification prior to the time the teacher returns to school.

Section 8 Any teacher who is unable to return to duty following two (2) consecutive weeks of illness as defined in Section 1 above may be required to present a certificate of ableness signed by a physician to the Superintendent before returning to work. The Board reserves the right to require the teacher to be examined by a Board designated physician at Board expense.

Section 9 Leaves of absence with pay not chargeable against the teacher's sick leave allowance shall be granted for the following reasons:
A. Such time as is necessary up to a maximum of five (5) days per occurrence for a death in the immediate family and/or member of the teacher's household. The immediate family shall include father, mother, father-in-law, mother-in-law, spouse, sister, brother, children, grandchildren and grandparents.
B. Any administratively required medical examination.
C. Any administratively approved attendance at the employee assistance program facility.
D. A teacher who is exposed on the job and is subsequently absent from work because of Mumps, Measles, or Chicken Pox shall have days charged against leave days restored upon presentation of evidence of on-the-job exposure.
E. Any additional time off required to conform to Board requirements initiated from Sections 6 and/or 7 above.

Section 10 Notification of leave shall be filed with the principal as far in advance as practicable. Improper use of leave will result in disciplinary action, including but not limited to the loss of salary for the day or days in question. Examples of unacceptable uses of leave days include:
A. Recreational pursuits
B. Other employment except with administrative approval
C. Social functions
D. Travel
E. Child care (except in emergency situations)
F. Economic gains
G. Extension of holidays, vacations, or other school recesses.
II. Jury Duty
A leave of absence may be granted for jury service. The Board will pay an amount equal to the difference between the teacher's daily salary and the daily jury fee paid by the Court (not including travel allowances or reimbursement of expenses) for each day on which the teacher reports for or performs jury duty and on which he/she would otherwise have been scheduled to work, under the procedure established by the Business Office.
III. Sabbatical Leave
Pursuant to Section 572 of the School Code of 1952, a maximum of two percent (2%) of the bargaining unit who have been employed for seven (7) consecutive years may be granted a sabbatical leave for one (1) year. Leaves for professional study, for work on publications, for travel, or for travel combined with study, which, in the opinion of the Superintendent, will improve instruction in the Berkley School District, or will improve the efficiency of the teacher, shall be considered consistent with the purpose of sabbatical leave. The Sabbatical Leave Policy is set forth in Appendix "C".

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ARTICLE XII
Leave of Absence Without Pay

Section 1 The Board may grant employees who have met certain criteria and procedures, as outlined in this Article, a leave of absence without pay up to a maximum of one (1) year. An extension of a leave of absence may be granted upon the recommendation of the Superintendent. Examples of such leaves are health, study, research, professional association assignment, personal, and approved travel. Each request for an unpaid leave of absence will be considered on its individual merits. The applications shall be submitted in accordance with the provisions of this Article.

Section 2 To be eligible for a leave of absence, except military leave as provided by law, the employee must have completed the probationary period.

Section 3 A teacher upon return from leave shall be restored to an open position of like nature and status for which that teacher is certified and qualified to teach. An open position is one which is unfilled at any time or one which is held by a non-tenure teacher at the beginning of the next school year.

Section 4 If an employee on leave accepts full-time similar employment elsewhere without Board of Education approval, his/her leave will be automatically terminated and his/her employment will terminate.

Section 5
A. An employee on leave shall not lose sick leave time accumulated prior to his/her leave. However, sick leave time shall not accumulate during his/her leave of absence.
B. An employee on unpaid leave shall be allowed to purchase health insurance through the business office at the group rate at his/her own expense when such practice is permissible under the rules and regulations of the insurance carrier(s).

Section 6 While an employee is on leave, there shall be no advancement on the salary schedule in terms of experience, nor in accrual of seniority except as provided for elsewhere in this Article. Seniority accrued prior to the leave of absence, however, shall be maintained.

Section 7 An eligible employee desiring a leave of absence shall submit his/her request to the Board of Education through the Superintendent. Such request shall be submitted by the Superintendent to the Board with his/her recommendation for action.

Section 8 For all employees whose leave shall terminate at the end of a school year, a letter of availability must reach the Superintendent no later than the preceding March 1. For all employees whose leave shall terminate at times other than the end of a school year, such letter of availability must reach the Superintendent no later than sixty (60) days preceding the termination date of the leave. The Superintendent shall cause letters to be sent to all employees on a leave of absence reminding them of this provision at least thirty (30) days prior to the date such letter of availability is due. Failure to comply with this provision shall not be interpreted as a resignation of employment.

Section 9 Childbearing and/or childrearing leave:
A. The Board will grant a leave of absence for maternity, adoption, or child care reasons, without salary, to any member of the bargaining unit upon written request for such leave for up to the remainder of the school year in which the leave commences plus the next school year. The duration of such leave is to be at the teacher's option. In no event, however, shall the leave be taken for a period less than the balance of the semester in which the leave occurs. Whenever possible, a bargaining unit member requesting such leave shall file a request in writing, at least thirty (30) days prior to the expected birth, adoption of the child, or the commencement of the child care leave. An extension of the leave of absence may be granted upon the recommendation of the Superintendent.
B. Before returning to work, the employee must be certified by his/her physician as ready and able to return to his/her full work assignment.
C. In the event of miscarriage or death of the infant after the leave of absence has commenced, the leave of absence shall be terminated at the beginning of the next semester upon written request of the teacher.
D. In the event of a miscarriage or abortion, the school district's sick leave policy shall apply.
E. A teacher adopting a child shall be entitled, upon request, to a leave to commence at any time during the first school year after receiving custody of the child, or prior to receiving such custody, if necessary, in order to fulfill the requirements for adoption. Whenever possible, the thirty (30) day notice period shall apply in these situations.
F. The Board shall provide health insurance to all those electing to be covered by Board paid health insurance prior to the leave for up to twelve (12) weeks during such leave at the teacher's option.

Section 10 After the exhaustion of any available sick leave days, the Board shall provide an unpaid leave of up to twelve (12) weeks to all teachers that request it for the purpose of the care of a member of the immediate family with a health problem. Further, health insurance shall be provided to all those on such a leave that elected to be covered by Board paid health insurance prior to the leave for the duration of the leave. For purposes of this section, immediate family shall be defined as it is in the Federal Law governing this provision.

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ARTICLE XIII
Professional Compensation

Section 1
A. The 2005-06 and 2006-07 salary schedules are set forth in Appendix A which is attached to and made part of this Agreement.
B. In the event that the length of the student instructional school year is increased during the duration of this contract as a result of legislative action, the salary portion of this contract shall be subject to renegotiation.

Section 2 Services such as driver education, summer school, summer in-service and/or curriculum development projects, extra-curricular or co-curricular activities shall be on an individually contracted basis between the teacher performing the service and the Board. No such contract shall exceed a duration of one (1) year. Wages paid for such teacher's services shall be set forth in Appendix "B". No teacher shall have tenure of position for driver education, summer school, summer in-service, and/or curriculum development projects, extra-curricular or co curricular duties. Such services may be subject to annual review and evaluation by the appropriate administrator. Copies of the review and evaluation will be provided to the teacher. The non-renewal of an appointment to an annual assignment of extra duty for extra pay shall be for reasonable and just cause and shall not be construed as discipline, reprimand, or reduction in compensation. Such non-renewal shall not occur until after written evaluation with a copy to the affected teacher.

Section 3 Teachers shall not be required to work on any days not included in the school calendar as set forth in Appendix "D" unless compensation has been agreed to by the Association and the Board in specific situations except that newly contracted employees may be required to report two (2) days the week prior to the beginning of classes for Board and Association orientation.

Section 4 The Board may allow credit on the appropriate salary schedule for newly contracted teachers for years of service in other school districts as a teacher up to and including ten (10) years.

Section 5 The Board will allow credit on the appropriate salary schedule for newly contracted teachers up to one (1) year for time successfully spent in the Armed Forces of the United States of America.

Section 6 Payroll Procedures.
A. Contractual salaries will be divided by the total number of week days within the established school calendar to determine a daily rate. This will be paid to the employee (see Paragraph "D") less withholding taxes and any other deductions selected by the employees.
B. In the event a teacher does not work a full contractual year, the teacher will be paid an amount equal to the number of days of employment times the daily rate.
C. All authorizations for payroll deductions will be made on the appropriate forms for: Association dues and/or fees; United Fund, Berkley Educational Foundation; additional health, accident, auto, and life insurance; credit union; tax deferred annuities; retirement service credit purchase; and any other items mutually agreed to by the Board and the Association.
D. Teachers will be given the option of receiving their salaries on the twenty-one (21) or twenty-six (26) pay basis each year by virtue of declaration of choice on an appropriate form supplied by the Board. If the form is not returned, or no choice is designated, the individual will be assigned on the twenty-one (21) pay basis. Those teachers shall receive their 21st pay on the last day of each school year. If the twenty-six (26) pay is selected, checks will be mailed at two (2) week intervals throughout the summer to the address designated by the employee. Paychecks will be distributed bi-weekly on Fridays as indicated in Appendix E. If a payday falls on a holiday or vacation day when the Business Office is open, checks will be available for pickup as indicated in Appendix E.
E. Extra service payrolls will be issued six (6) times a year, halfway through and following the fall, winter, and spring sports seasons. Teachers earning extra service pay will select one of the following options:
1. Extra service pay will be paid on one (1) installment at the end of the sport's season, or the activity.
2. Extra service pay will be paid in two (2) equal installments, the first at the midway point in the sport's season and the remainder at the end of the sport's season. The midway point will be determined by the district annually and will be published at the beginning of the school year.
For the purpose of determining withholding, teachers earning extra service pay will also select one of the following options:
1. Extra service pay will be combined with the regular payroll and withholding taxes will be computed on the total, or,
2. Extra service pay will be combined with the regular pay, divided into two (2) equal parts, and withholding taxed accordingly, computed on each part.
F. Teachers hired after the beginning of the school year will be advanced on the salary schedule according to the following schedule:
Date of Hire Date of Increment Advancement
Within 1st marking period 1st teacher work day of 1st marking period
Within 2nd marking period 1st teacher work day of 2nd marking period
Within 3rd marking period 1st teacher work day of 3rd marking period
Within 4th marking period 1st teacher work day of 4th marking period

The effective date of advancement on the salary schedule due to the attainment of advanced degrees and/or the completion of additional credit hours shall be the date which the degree or hours are completed.
In order to qualify for a higher level on the salary schedule, a teacher must present either official documentation verifying completion of the appropriate number of hours, or a transcript or other documentation from an accredited college or university verifying attainment of an advanced degree.
If application is made during the school year in which the hours/degree were earned, payment will be made, retroactively, if necessary, effective the date of attainment/completion. If application is not made by the teacher in a timely fashion as described above, the effective date will be the beginning of the school year in which application is received.
All courses not part of a graduate degree program related to education, must be pre approved by the Director of Human Resources for staff to be eligible for placement on schedule 03 or 05 of the salary schedule.

Section 7
A. On any day when school sessions are scheduled, but that schedule is canceled by the Superintendent due to weather or other conditions beyond control, and this official closing is announced on local radio stations, then the following provision for teachers will prevail:
If the announcement states that schools are closed, teachers are not to report and will receive full pay. However, when one or more, but not all buildings are closed for a localized emergency condition, the Superintendent shall have the prerogative to assign staff from said building(s) to another location(s) in the district for professional purposes commencing with the second day of such occurrence. Professional purposes may include planning, inservice education, and substitute teaching within the appropriate elementary or secondary level. Substitute assignment shall be made on a daily rotation basis beginning with the low seniority teacher. If, due to severe weather conditions, a teacher is unable to report on a day when Berkley Schools are in session, a teacher may use a leave day in lieu of pay loss.
B. The parties recognize that Michigan law currently requires the District to schedule a minimum of one hundred eighty (180) days of school as defined by the State Aid Act and that only "act of God" days which cause the district to hold less than 178 days of school need to be rescheduled. In the event that it may become necessary to schedule "make-up" days when schools are closed for reasons as described in Section 7 (A) above, and state law requires that day be rescheduled, it is therefore agreed that:
1. If the District does not have to reschedule any such days as described above, then the calendar as contained herein shall remain as agreed to.
2. If the District must, for the above reasons, reschedule student instruction days, then the parties will meet to negotiate amendments to the calendar as contained herein to provide sufficient student days to comply with slate law.
3. The end of the year calendar will be finalized and copies distributed to students and school employees no later than May 1, if amended.
4. In the event the State Aid Act is amended, and such amendment repeals, or modifies in any way the District's obligations with respect to this subject, the parties agree to meet to renegotiate the school calendar and the provisions of Article XIII, Section 7.

Section 8 Teachers required to drive personal automobiles in the course of their employment, or otherwise using their automobile in authorized service to the district, shall be reimbursed for approved mileage at a uniform mileage rate established by the Board; but in no event less than the I.R.S. rate per mile driven.

Section 9
A. The Board shall provide all insurance benefits listed in Section A for a full twelve month period of each school year for all teachers in the bargaining unit, except those teachers electing benefits under Section B below. Such benefits shall be provided without cost to each teacher and his/her dependents, as defined by MESSA.
1. MESSA Choices Health Insurance with $10/$20 prescription: When appropriate, MESSA Choices or MESSA Limited Medicare Supplement and Medicare, Part B premium shall be paid on behalf of the teacher, his/her spouse and/or dependents eligible for Medicare. The insurance policy shall not include abortion coverage. If a teacher wishes to have MESSA Super Q 100, the teacher will pay the difference between Choices and Super Q.
2. MESSA/Delta Dental Plan including the 004 orthodontic rider with coordination of benefits. Dental maximums of $1,200 Class I, II & III; $1,500 Class IV
3. MESSA Term Life insurance in the amount of fifty thousand dollars ($50,000.00)(inclusive of any life insurance associated with the Health Insurance coverage described above) for the teacher only. Such insurance protection shall be paid to the teacher's designated beneficiary. In the event of accidental death, the insurance will pay double the specified amount; in the event of accidental dismemberment, the insurance will pay according to the schedule.
4. MESSA Plan VSP-2 Vision Insurance including internal and external coordination of benefits.
B. Teachers not electing insurance benefits as described in Section A above shall be provided by the Board with the following insurance benefits, for a full twelve-month period of each school year. The benefits listed below shall be provided, without cost to teachers, to each teacher, not enrolled in benefits under Section A above, and his/her eligible dependents, as defined by MESSA.
1. MESSA/Delta Dental Plan including the 004 orthodontic rider with coordination of benefits. Dental maximums of $1,200 Class I, II & III; $1,500 Class IV
2. MESSA term Life insurance in the amount of fifty thousand dollars ($50,000.00) for the teacher only. Such insurance protection shall be paid to the teacher's designated beneficiary, in the event of accidental death, the insurance will pay double the specified amount; in the event of accidental dismemberment, the insurance will pay according to the schedule.
3. MESSA Plan VSP-2 Vision Insurance including internal and external coordination of benefits.
4. Each teacher may select a tax-deferred annuity plan, pursuant to section 403 (b) of the Internal Revenue Code in the amount of eighty-five dollars ($85.00) per month or per the following schedule:
$400/month if 50 or more members choose PAK B
$300/month if 40-49 members choose PAK B
$200/month if 30-39 members choose PAK B

Teachers may choose one of the Board approved annuity carriers.
C. The Board shall provide, without cost to the teachers, MESSA Plan II Long-Term Disability insurance for each teacher. Benefits shall be paid at sixty-six and two-thirds percent (66-2/3%) of salary and shall begin after expiration of ninety (90) calendar days or at the exhaustion of his/her personal leave bank and common bank days whichever is longer. The maximum monthly amount shall be up to five thousand ($5,000) dollars. Benefits shall continue at no cost to the teacher in the event of total disability.
D. Each employee, upon his/her date of employment and annually thereafter, is eligible to participate in the School District's Cafeteria Plan, Healthcare Reimbursement Plan and Dependent Care Reimbursement Plan.

Section 10 All less than full-time positions are assigned at the discretion of the administration.
Teachers employed less than full time shall receive compensation and fringe benefits on a prorated basis in relation to the full-time schedule. Such teachers shall be entitled to apply for full-time employment in the event of available openings. This provision does not apply to short term and long-term substitute teachers.

Section 11 All certified teachers covered by this Agreement who are employed in a teaching capacity in the summer school program will be reimbursed at the contracted rate for hours spent on duty in the event such class is canceled due to insufficient student enrollment.

Section 12 Teachers on leave of absence or laid-off may continue under group health coverage for eighteen (18) months. During such time the teacher shall be responsible for submitting premium payments directly to the Board.

Section 13 The completion of a full contract year shall entitle a teacher to twelve (12) months of insurance coverage.

Section 14 A teacher will be paid a one-time payment of $1,250 upon successful completion of the National Board Certification program. The District will provide assistance with technology and release time to said teacher. Any current BEA member who has already attained National Board Certification shall also receive $1,250.

Section 15 The District will pay the initial Continuing Teaching Certification fee for all teachers who attain the required credits.

Section 16 A five (5%) percent discount will be given to any BEA member using District pre-school and/or latchkey child care services.

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ARTICLE XIV
Professional Grievance Negotiation Procedures

Section 1 Definitions
A. A "grievance" is a claim of violation of this contract or a dispute as to the interpretation or application of this contract.
B. The "aggrieved person" is the person or persons making the claim.
C. The term "teacher" includes any individual or group who is a member of the bargaining unit covered by this contract.
D. A "party of interest" is a teacher or school board member who might be required to take action or against whom action might be taken in order to resolve the problem.
E. The term "days" shall mean calendar days, excluding vacation periods which fall within the limits of the school year as defined by the school calendar.

Section 2 Purpose
The primary purpose of this procedure is to secure at the lowest possible level, equitable solutions to the grievance arising under this Agreement. Both parties agree that these proceedings shall be kept as confidential as may be appropriate at each level of the procedure. Nothing contained herein shall be construed as limiting the right of any teacher with a grievance to discuss the matter informally with any appropriate member of the Administration or proceeding independently as described in Section 5 of this Article up to but not including Level 4.

Section 3 Structure
A. The Association will notify the Administration of the identity of the Association representative.
B. The Association shall have a professional grievance committee and the Administration shall be notified of the identity of the same.
C. The Board shall designate its representatives when the grievance involves more than one school building and the Association shall be notified of the identity of the same.

Section 4 Any teacher who has a complaint may discuss it with his/her immediate supervisor, either individually or with his/her Association representative.

All grievances shall be processed in the following manner:
A. Level One
Any teacher having a grievance shall, within fifteen(l5) calendar days from the occurrence of the event upon which the grievance is based, serve a written grievance upon his/her building administrator and discuss the same with his/her building administrator, either individually or together with his/her Association Representative. The building administrator shall attempt to resolve same and render the disposition in writing within ten (10) calendar days after the date of presentation.
B. Level Two
In the event the aggrieved person is not satisfied with the disposition of the grievance at Level One, or if the grievance has not been resolved within ten (10) calendar days after the date of the presentation of the written grievance at Level One, the aggrieved person may submit his/her grievance to the Superintendent of Schools or his/her designee within twenty-eight (28) calendar days from the date of the event upon which the grievance is based. A copy of said grievance shall be served upon the aggrieved party's building administrator at the same time the grievance is submitted to the Superintendent. Within fifteen (15) calendar days from the receipt of the grievance, the Superintendent or his/her designee shall meet with the parties and render a written decision.
C. Level Three
In the event the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two or if no decision has been rendered within fifteen (15) calendar days from the date of receipt of the grievance by the Superintendent, he/she may, within forty-three (43) calendar days from the event upon which the grievance is based, refer the grievance to the Board of Education's Review Committee. This Committee shall be composed solely of members of the Board of Education or its designated representatives; provided, however, that at least one member of the Board of Education shall be a member of said Committee. Within ten (10) calendar days from receipt of the written referral by the Board, its Review Committee shall meet with the Association Representative for the purpose of arriving at a mutually satisfactory solution to the grievance. A decision shall be rendered within ten (10) calendar days.
D. Level Four
In the event the grievance is not satisfactorily resolved at Level Three, or if no decision is reached within the ten (10) calendar day period, the grievance will be submitted to binding arbitration, provided that the party desiring such binding arbitration shall serve written notice of the request for submission to arbitration upon the other party within five (5) calendar days following the date of the disposition of the grievance under Level Three. Following the written notice of the request for submission to arbitration, the Association and a Committee of the Board or its designee shall attempt to select an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within five (5) calendar days after the date of the request for submission to arbitration, the arbitrator shall be selected according to the rules of the American Arbitration Association.
The Arbitrator's fees and expenses shall be shared equally by the Board and the Association. The expenses and compensation of any witness or participant in the Arbitration shall be paid by the party calling such witness or requesting such participant.
The Arbitrator shall render his/her opinion only with respect to the particular grievance submitted to him/her and such opinion shall be binding upon the Board and the Association.
It shall be the function of the Arbitrator, and he/she