NEGOTIATED AGREEMENT BETWEEN THE
AND THE
BOARD OF EDUCATION OF
SCHOOL YEAR
2005-2006*
*Complete
Contract Term
CONTENTS
ARTICLE I -- RECOGNITION
-
Definition
ARTICLE II -- RIGHTS AND PRIVILEGES
ARTICLE III -- JOINT
ASSOCIATION/FCPS EDUCATION REFORM COUNCIL
ARTICLE IV -- TEACHER FACILITIES
ARTICLE V -- SALARIES
-
Distribution
of Paychecks
-
Authorized
Travel
-
Pay
for Provisional Certificates and Vocational Teachers
-
Per
Diem Rates
-
Twelve
Month Teachers
-
-
National
Board Certification and Ed.D. or
Ph.D. Pay
-
Salary
Schedules
-
Eleven
and Twelve Month Position Implementation
-
Requirements
for Placement on Salary Schedules
-
Salary
Schedule Chart
ARTICLE VI -- LIMITATION OF DUTIES
-
Duty
Free Lunch
-
Transportation
of Students
-
Planning
Time
-
Working
Hours
-
Required
Examinations
-
New
Teaching Duties
-
Hazardous
Work Conditions
-
Open
House
ARTICLE VII -- PERSONAL AND ACADEMIC FREEDOM
ARTICLE VIII -- TEACHER EVALUATION
-
Observation
-
Evaluation
-
Professional
Remediation Plan
-
Personnel
Files
ARTICLE IX -- MAINTENANCE OF CLASSROOM CONTROL AND
DISCIPLINE
ARTICLE X -- PERSONNEL EMPLOYMENT
-
Employment
Practices
-
Prior
Experience
-
Part-time
Employment
- Reduction in the Bargaining Unit
ARTICLE XI -- TRANSFERS
-
Transfer Process
-
Changing from Part Time to Full Time
-
Involuntary Transfers
-
Reduction in A&S Placement
ARTICLE XII -- EMPLOYEE
ASSIGNMENTS
ARTICLE XIII -- PROMOTIONS
ARTICLE XIV --
ARTICLE XV -- WORKSHOPS/SUMMER SCHOOL/SUMMER ACADEMY
ARTICLE XVI -- DEDUCTIONS FROM SALARY
-
Dues
Deductions
-
403b
Program
-
FERKO
-
Professional
Organizations
-
Charitable
Organizations
ARTICLE XVII -- INSURANCE
-
Board
Premium Contribution
-
Health,
Vision, Prescription, Dental and Life Insurance Plans
-
General
Liability Coverage
-
Insurance
Council
ARTICLE XVIII -- TERMINAL PAY
ARTICLE XIX -- REIMBURSEMENT FOR EDUCATION EXPENSES
ARTICLE XX -- SICK LEAVE
ARTICLE XXI -- SICK LEAVE BANK
ARTICLE XXII -- FCPS-FCTA FAMILY CRISIS LEAVE EXCHANGE
ARTICLE XXIII -- EMPLOYEE PROTECTION
ARTICLE XXIV -- WORK YEAR
ARTICLE XXV -- TEMPORARY LEAVES OF ABSENCE
-
Personal
Leave
-
Jury
Duty
-
Bereavement
Leave
-
Professional
Leave Days
-
Short
Term Disability Leave
ARTICLE XXVI -- EXTENDED LEAVES OF ABSENCE
-
Association
Officers Leave
-
General
Leaves
-
Military
Leave
-
Maternity
Leave
-
Adoption
Leave
-
Paternity
Leave
-
Political
Office Leave
ARTICLE XXVII -- SABBATICAL LEAVES
ARTICLE XXVIII -- TEXTBOOKS, INSTRUCTIONAL MATERIALS AND
SUPPLIES
ARTICLE XXVIX -- PERSONAL INJURY/ILLNESS BENEFITS
ARTICLE XXX -- EXTENDED LEARNING/LEADERSHIP
RESPONSIBILITIES
ARTICLE XXXI -- FAIR DISMISSAL PROCEDURE
ARTICLE XXXII -- TEACHER RIGHTS
ARTICLE XXXIII -- ACTIVITY COMPENSATION – ATHLETIC DIRECTORS
- Activity Compensation Schedule
- Athletic Director Salary Schedule
ARTICLE XXXIV -- JOB SHARING
ARTICLE XXXV -- GRIEVANCE PROCEDURES
ARTICLE XXXVI -- GENERAL PROVISIONS
ARTICLE XXXVII -- DURATION
ARTICLE I - RECOGNITION
A. The Board of Education of Frederick County
recognizes the Frederick County Teachers Association as the exclusive
representative for collective negotiations concerning terms and conditions of
employment for all certificated, professional personnel in accordance with
Section 6-404, Article VIII of The Public School Laws of Maryland,
excluding the Superintendent of Schools and persons designated by the Board of
Education- to act in a negotiating capacity.
The Frederick County Teachers Association agrees to represent fully and
equally all members of the unit in relations necessary in the administration of
the Agreement.
B. Whenever the following terms are used in
this Agreement, they shall refer to the following definitions unless otherwise
stipulated.
1. Association - The Frederick County Teachers
Association, Inc.
2. Board - The Board of Education of
3. Day - Teacher duty day.
4. Active employee - One who is working under
contract and receiving a salary.
5. Inactive employee - One who is on an
extended approved leave (except sabbatical leave), or maintains recall rights
under Article X, Section C., Personnel Employment, and who is not receiving a
salary.
6. Seniority - Continuous paid service
calculated from the date on which the teacher signed the individual teaching
contract.
7. Superintendent - The Superintendent of the
8. Teacher - All certificated, professional personnel
represented by the Association. The
terms "employees," "faculty," "members of the
bargaining unit," and "staff member(s)" are used interchangeably
with the term "teacher" herein.
9. Transfer - An assignment to another school
location.
ARTICLE II - RIGHTS AND PRIVILEGES
A. There will be no reprisals of any kind taken
by the Board or the Association against any teacher by reason of non-membership
or membership in the Association or participation in any of its lawful
activities.
B. In order for the Association to properly
fulfill the terms of this Agreement for the benefit of all teachers and the
welfare of the school system, the Association officers or employees will have
access to all school buildings and to all teachers, provided that the exercise
of this right will not interfere with the educational program.
C. The Board will, upon request, provide the
Association with any available documents or information that will assist it in
developing intelligent, accurate, informed, and constructive programs on behalf
of teachers.
D. The Association will be provided with copies
of minutes of official Board meetings as soon as possible after such
meetings. A notice of all regular and
public meetings of the Board and a copy of the official Agenda of the meeting
(including addenda) will be given to the Association prior to said meeting when such is prepared in advance. Each school will receive copies of minutes
and notices to be posted for teachers.
E. 1. The
Association will have the right to use school buildings without cost at
reasonable times for meetings.
Arrangements for meeting space and time will be made with the principal
of the building in question.
2. There will be one (1) bulletin board of
appropriate size reserved for the Association which will be placed in all
faculty lounges in each school for the purpose of displaying notices,
circulars, and such other material.
Copies of all such material will be given to the building principal, but
advance approval will not be required.
3. The Association
will have the right to place notices, circulars, and other material in all
teachers' mailboxes. Copies of all such
material will be given to the building principal, but advance approval will not
be required.
4. Upon request, the
Association will be provided with the names of all new and retiring teachers as
soon as such information is available.
5. The Association will have the right to have
placed in the superintendent's packet for all new teachers a letter prepared by
the Association which informs said teachers that the Association is recognized
as the exclusive representative for all teachers in the Frederick County school
system.
6. The Association will be given a place on the
agenda of the orientation program for new teachers.
7. The Association may request and shall be
given a place on the agenda of regular Board meetings for brief reports and/or
announcements. Upon appropriate request,
the president or designee shall be recognized to state the Association's
position when matters relating to wages, salaries, hours, and other working
conditions are being discussed.
8. The Association
will also have the right to use the interschool mail to distribute official
FCTA notices, circulars, and other material when such material is presented
ready for delivery to the school representative.
a. The Board of Education shall provide daily
courier service to the area designated by the Association as its headquarters
as long as said headquarters is on or near an established courier route.
b. The Board is agreeable to work with the FCTA
on language which will permit the courier service to continue until modified by
an appropriate court decision pertaining to the facts as they apply to this
agreement.
9. For the duration of
the Agreement the rights and/or privileges enumerated in Article II, Section
E., shall not be granted to any other organization seeking to become the
teachers' bargaining agent as long as the FCTA is the exclusive bargaining
agent of teachers.
F. No teacher will be prevented from wearing
pins or other identification of membership in the Association.
G. The Association's
faculty representative shall be provided by the principal with a faculty list,
including administrators, during the first week of school.
H. The Board of Education shall provide the
Association with copies of all policy changes or directives issued by the Board
or the superintendent or associate superintendent affecting wages, hours, or
conditions of employment of teachers as a group.
I. The Board shall provide the Association with
a monthly printout of all payroll deductions of Association dues.
J. Subject to the provisions of this Agreement,
the Board reserves and retains full rights, authority and discretion in the
proper discharge of its duties and responsibilities to control, supervise, and
manage the county schools under existing laws, rules, and procedures; to
determine the educational policies and programs of the county school system;
and to prescribe rules and regulations for the conduct and management of the public
schools.
K. Upon written
request of the president of the Association, representatives of the Association
shall be released from professional duties for Association business, with
payments of the substitutes borne by the Association. Notice of such absence shall be given as far
in advance as reasonably possible to the teacher's immediate superior.
L. The FCTA shall reimburse the Board for all
substitutes actually required at the per diem rate. The FCTA will provide the Board and
appropriate building principals with written advance notice.
ARTICLE III – JOINT ASSOCIATION/FCPS EDUCATIONAL REFORM COUNCIL
A. The building representative of the FCTA will
have the right to schedule meetings of the members before or after school
hours, or at such other times as to not disrupt the normal school program.
B. The representative also will be provided an
adequate amount of time at the conclusion of building faculty meetings to
report on matters involving representation of the employees by the Association.
C. A joint association/FCPS council shall be
established, jointly chaired by a designated representative from FCTA and
FCPS. The purpose of such council shall
be to develop annual goals and objectives regarding communication of
initiatives, changes in existing practices, and for clarification of current
application of policies, regulations, or standard operating procedures within
each respective organization.
It shall be the responsibility of the
designated chairs to appoint up to five (5) representatives from each
organization and establish an annual meeting schedule.
D. The principal of each school shall meet upon
request with the Association building committee members to discuss questions
relating to the implementation of this Agreement.
E. The FCTA will receive a monthly list of
current teaching vacancies.
F. The FCTA will receive written notice of all
extra-curricular activity position vacancies ten days prior to the closing
date.
G.
A
list of all twelve-month employees and positions held shall be sent to the FCTA
president by September annually.
H. A FCTA building representative (one
representative per building) will be released at least once a month from duties
before and after the student day in order to facilitate and communicate the
joint BOE and FCTA committees goals and
information. The representative will
provide the principal as much advance notice as possible.
ARTICLE IV - TEACHER FACILITIES
A. The Board shall have:
1. A serviceable desk and chair for each
teacher.
2. Separate dining table for teachers.
3. A lockable desk, file cabinet, or closet in
which teachers may store instructional materials and supplies.
4. An appropriately furnished room to be
reserved for the exclusive use of the teachers as a faculty lounge. Said room will be regularly cleaned by the
custodial staff and will be in addition to the other teacher work areas. However, teachers will be expected to keep
the lounge reasonably neat and orderly.
5. Well-lighted and clean employee restrooms, separate for each sex and separate from the
students' restrooms.
6. Storage facilities for special instructional
personnel.
7. The principal, at
request by a majority of the teachers, may arrange for the installation of a
maximum of two faculty vending machines in each faculty lounge. All proceeds from the machines shall be used
in such manner as the majority of teachers and educational support employees of
that building shall determine. Cost, if
any, of installation shall be borne by the teachers and educational support
employees of each school.
B. Where feasible in existing buildings, and in
all new buildings, the following will be provided.
1. A teacher work area containing adequate
equipment and supplies to aid in the preparation of instructional materials.
2. A communication system so that teachers can
communicate with the main office from their classrooms, provided that such
system is used only for emergency announcements during class periods.
3. Space for teachers' dining in a faculty
lounge or other room unavailable to students with tables and chairs sufficient
to accommodate teachers during their lunch period.
C. Teachers shall report in writing to the
principal any condition considered unsafe or hazardous. The principal shall take action(s) as
appropriate and shall notify the teacher in writing of such action(s) taken
within five (5) days.
D. A telephone will be made available for
teachers to use for school business. Teachers and principals shall arrange this
use to provide reasonable privacy during the call. During the workday, teachers may make
personal phone calls only if the calls cannot be made at any other time.
E. Teachers who need access to a telephone for
school business after the workday ends shall arrange this access with the
principal.
F. The Board agrees that, where possible and
without cost, a pay telephone shall be installed outside each school building.
G. An adequate portion of the parking lots at
each school will be reserved for teacher parking.
ARTICLE V - SALARIES
A. Regular Teacher Salary Schedules
1. The salaries of all teachers covered by this
Agreement are set forth herein.
2. All ten-month teachers will have the option
of being paid in either twenty (20) installments or twenty-four (24)
installments. All eleven-month teachers will be paid in twenty-two (22)
installments. All twelve-month teachers will be paid in twenty-four (24)
installments.
a. In the event of unusual
circumstances, a ten-month teacher who has elected to be paid the salary in
twenty-four installments may elect to have the balance due in the June
paycheck. The request shall be submitted
in writing fifteen (15) days prior to the scheduled pay date.
b. Distribution of paychecks shall be on the
15th, or the nearest preceding workday, and the last workday of each month.
c. Checks will be distributed on pay dates as
soon as they are delivered to the school.
Each paycheck shall be enclosed and distributed in a sealed envelope to
the teacher at the office of the building of employment.
d. Employees who elect direct deposit of their
pay shall have those funds available to the bank on the day prior to the
appropriate pay dates.
B. Authorized travel shall include all driving
done in connection with the teacher's assigned professional duties and required
attendance for activities sponsored by the Board. With prior approval by the appropriate
supervisor or curriculum specialist, mileage will be paid for curriculum
meetings held for less than a full day.
Mileage shall not be paid for inservice held
within the county. When said travel is
not on a regular basis, prior approval of the principal or immediate supervisor
shall be required. The mileage allowance
shall be the IRS rate set for tax purposes as of July 1 of each year.
C. Teachers holding conditional degree certificates
will receive regular salaries beginning their employment in
D. Vocational teachers shall not be classified
as non-degree teachers for salary purposes.
E. The ten-month teacher salary schedule,
eleven-month teacher salary schedule, and twelve-month teacher salary schedule
for the 2005-06 school year are included in Section K
of this Article.
F. Per Diem Rate of Pay
1. Any ten-month teacher who works in a per
diem position authorized by the superintendent to work in excess of 189 days
shall be compensated at his/her per diem rate of pay.
Annual salary
x 1/189 = per
diem rate.
2. Any
eleven-month teacher who works in a per-diem position authorized by the
superintendent to work in excess of 208 days shall be compensated at his/her
per diem rate of pay.
Annual salary x 1/208 = per diem rate.
G. Twelve-month Teachers
1. Twelve-month
teachers shall be assigned to classroom teaching, content courses and
workshops, curriculum research and development projects, administrative and
supervisory workshops, study committees in administrative areas or in
individual schools, and/or other assignments that may be required in accordance
with the basic needs of the school system.
a. Unless otherwise stated, the standard
personnel policies and procedures shall be in effect during the twelve-month
period of employment.
b. Any individual assigned for twelve-month
responsibility subject to federal and/or state funding of specific programs
shall retain such employment status as in paragraph 3 of this section, as long
as said funds are made available to the school system.
2. a. Twenty
(20) days of annual leave shall be provided for each twelve-month employee, and
may be accumulated to a limit of forty (40)days. Any
annual leave in excess of forty (40) days shall be converted to sick leave.
b. Teachers with at least five (5) years of
experience as a full-time, twelve-month employee shall be given the opportunity
to cash in up to five (5) days of annual leave per year at the per diem rate of
pay. Requests must be received on or
before November 1 for November 30 disbursement or on or before April 1 for
April 30 disbursement and may only be requested one
time per fiscal year per employee.
3. All teachers assigned for twelve-month
responsibility for 1976-77 shall retain such employment status until modified
at the request of the teacher or terminated from employment by the school
system according to established legal provisions. Assignment and employment practices are set
forth in this section. Twelve-month
teachers shall be
paid according to the twelve-month salary schedule which appears in Section K
of this Article.
4. New Twelve-month Teacher Positions
a. As of