District: Logan City School District in the State of Utah.

Board: Board of Education of the Logan City School District in the State of Utah.

Education Employee Association (hereafter Association): a formalized professional organization representing members of its employee classification.

Superintendent: Superintendent of Schools of the Logan City School District in the State of Utah.

Educator: all regularly assigned personnel who hold positions requiring licensing and who have valid licenses issued to them by the Utah State Board of Education. It shall not refer to the Superintendent, Business Administrator, licensed District Administrative staff, School Administrators, or Non-Licensed Professional/Technical Educators.

Part-time Educator: an Educator who is employed less than .50 of a full-time equivalent (FTE). A Part-time Educator is not covered under the provisions of this Agreement.

Days: calendar days except where otherwise noted.

School Year: the period of time from the first day of the contract year in the fall through the final day of the contract year in the spring as established by the official school calendar.

Experience: length of continuous service in the Logan City School District (in equivalent full-time years) from the date of the Educator's signed contract. Leaves of Absence and Sabbatical Leaves shall not be deemed interrupted service, and will not be added to accumulated years of service.

Grievance: written or oral statement of an alleged violation or misinterpretation of the terms, meaning, or application of an Educator's contract, Negotiated Agreement, Board policy decisions, or legal statute. It is expressly understood that a claim based upon an event or condition which does not fall within this definition shall not constitute a grievance.

Grievant: an Educator or group of Educators of their representative organization (Association) filing a grievance.

This Agreement shall be deemed to be a part of each individual Educator's contract.

The Board shall continue its policy of not discriminating against any Educator on the basis of race, creed, color, national origin, sex, marital status, or membership in any educational organization.

Educators have the right to join any lawful organization for their professional or economic improvement and for the advancement of public education.

The Association shall continue to admit persons to membership without discrimination on the basis of race, creed, color, national origin, sex, or marital status.

The Association shall have the right to request that particular matters within its area of interest be placed on an agenda for official Board meetings, and the Board shall notify the President of the Association or designee with respect to the placement of such items on a particular agenda and of the action taken. The Superintendent shall provide the Association with the agenda to be considered.

No change, revision, alteration, or modification of this Agreement in whole or in part shall be valid unless the same is ratified by both the Board and the Association and endorsed in writing hereon.

This Agreement shall be governed and construed according to the Constitution and the Laws of the State of Utah.

The Board and the Association recognize that the Board has certain powers, discretions, and duties that under the Constitution and laws of the State of Utah may not be delegated, limited, or abrogated by agreement with any party. Accordingly, any provision of these policies, or any application of the same to any Educator covered hereby shall have effect only to the extent permitted by law; but all other provisions or applications of these policies shall continue in full force and effect.

The Board agrees to recognize the education employee association with the greatest number of members, for its employee classification, as the exclusive representative of all members of the employee classification upon being furnished with satisfactory evidence that the largest number of employees within the classification have designated or selected it as their representative.

Upon receipt of a signed statement from an Educator, the public employer shall deduct a specified sum not to exceed three (3) percent per month of the Educator's wages and the public employer shall pay the specified amount to an association designated by the Educator. This assignment of wages by the Educator may be terminated at any time by the Educator by providing written notice to the public employer.

No deductions contrary to Utah Law may be made, nor may any deductions be processed by the public employer for the benefit of any political candidate or campaign committee, political action committee, political fund sponsored by a labor organization, or any entity established by a labor organization to solicit, collect, or distribute monies primarily for political purposes.

If a simple majority is present, negotiation teams, for both the Association and the Board, are fully authorized by their respective constituents to act in good faith in reaching tentative agreements through Interest-Based Bargaining (IBB). Both teams commit to enhance bargaining outcomes without impairing the parties' relationship by utilizing Interest-Based Problem Solving. The essence of this process is information-sharing, creative exploration, and working toward mutually beneficial solutions. Upon request of either party the other shall make available for inspection its public records and data pertinent to the subject under negotiation.

During the evaluation portion of the IBB process, each team shall have equal voice.

Agreements arrived at in the negotiating process and signed remain tentative* pending completion of an agreement on the entire package. A recommendation is drawn from these tentative agreements and presented to the Board and the Association for ratification.

*Meaning an item that has been agreed upon and signed may be recalled by either or both parties and re-entered into negotiation when the item under consideration parallels the first item in either subject, content, and/or meaning.

Information is released to the news media only when jointly prepared releases are mutually agreed upon.

Negotiations are conducted at times and places mutually agreeable to the negotiators named by each party.

The Board negotiating team is comprised of individuals designated by the Board. The teachers' negotiating team is comprised of Educators of the District and members of the Association. Either party may utilize the services of an outside consultant to assist in negotiations.

Either team may caucus if deemed necessary, but a caucus session is not to exceed ten (10) minutes without notifying the other team.

The agenda for the next negotiating session is set at the end of each meeting.

Tentative agreements of the just completed meeting are read, corrected, and approved for content. The minutes are then re-read and approved at the beginning of the next scheduled meeting.

Joint Study Committee

Adopting Agreements

Association Meetings

Notice of appointment and acceptance of contract must be written, shall be made on forms furnished by the Board, and must be approved by the Board of Education. Only the Board has the authority to hire and fire unless such authority has been expressly delegated in writing. Educators are encouraged to read the Licensed Negotiated Agreement available at www.loganschools.org.

The term of employment shall be as specified on the contract.

Professional Educators are exempt employees under section 13(a) (1) of the Fair Labor Standards Act of 1938, as amended. The amount of work time an employer may require or expect from any exempt employee, including mandatory overtime, is not limited or restricted (See www.flsa.com/coverage.html).

It is the responsibility of Educators to obtain and maintain through the Utah State Board of Education a current Utah Educator License including the renewal of an expiring license. Failure to maintain requirements for licensure or certification and/or an expired license may be cause for disciplinary action, including immediate termination.

Educators furnish for the District all items needed for their personnel file including:

Educators have a daily duty-free lunch period per individual school schedule.

Educators have daily preparation time per individual school schedule.

Preparation time is intended for the purpose of preparing and planning. Therefore, additional teaching assignments during an Educator’s preparation time are not permitted except in rare circumstances as identified below:

School/district meetings promote student success, contribute to comprehensive learning opportunities, and are required. School/district meetings include, but are not limited to faculty meetings, Professional Learning Community (PLC) meetings, Instructional Team Meetings (ITM), committee meetings, professional development events, Individualized Education Plan (IEP) meetings, parent meetings, etc.

As exempt employees, educators, part-time/full time, attend all meetings called by the school or district administration.

Absence on these days are to be avoided.

A calendar for the School Year is adopted by the Board, which includes 180 teaching days and requires an Educator’s services to be available as outlined by the District’s annual calendar. During the first year of service in the District, attendance at New Educator Induction is also required. Additional days may be added depending on availability of funding and, if so, expectations outlined throughout this agreement would apply. It is recognized that the Board may revise an adopted calendar per State and District requirements. However, it is anticipated that this will be done after consultation with the Association. The contract specifies the terms of employment for all Educators.

A Provisional Educator is not entitled to employment beyond the end of the term of the present one (1) year contract. Termination of Provisional Educators during the contract term for cause is governed by Orderly Termination Procedures (§9-1).

During the provisional period, new Educators must demonstrate through performance evaluations their essential job functions and teaching skills, and conduct themselves in an acceptable manner to their superiors and peers in performance of all assignments.

The District shall notify a Provisional Educator at least sixty (60) days before the end of the Provisional Educator’s contract if the Provisional Educator will not be offered a contract for a subsequent term of employment. Because Provisional Educators do not have an expectation of continued employment, they do not have a right to grieve the decision not to renew employment and do not have a right to a fair hearing.

In the absence of timely notice as described in §4-8-3, Provisional Educators are deemed to be reemployed for the succeeding contract term with a salary based upon the applicable licensed salary schedule.

Upon successful completion of a third consecutive provisional contract, or a fourth or fifth consecutive provisional contract where applicable, a Provisional Educator becomes a Career Educator pending approval by the Board of Education during their June board meeting.

Educators employed at least half (1/2) time for three (3) or four (4) consecutive years, with successful evaluations, are considered permanent (e.g. “Career”) except for the reasons identified under Orderly Termination in §9-1-2. However, Educators employed less than full-time (1.0 FTE) are not guaranteed specific contract percentages based on past years’ assignment. Assignments less than full-time (1.0 FTE) may be reduced or expanded due to enrollment fluctuations and principal assignment and are not considered reduction-in- force.

If a Career Educator takes leave for one (1) year or less, the Educator returns with career status.

Contracts are accepted in good faith by both parties. However, the Board agrees to give due consideration to an Educator’s statement of resignation if received in accordance with §4-10-1-1 or §4-10-1-2, otherwise the District will assess a breach of contract penalty of $1,000.

Educators who intend to resign upon the conclusion of the present contract term and/or prior to the next contract term, receive a $500 Early Declaration Award if the written statement of resignation is received by the Department of Human Resources by the last business day in January of the present contract term.

Retirement

It is mutually agreed that payment of salaries according to a Single Lane Salary schedule is to the advantage of all concerned. The Single Lane Salary schedule negotiated by the Board and the Association shall be the only schedule used for the current year.

Any increment advancement on the Single Lane Salary schedule shall be contingent upon an Educator receiving a satisfactory evaluation.

Beginning September 1, 2022, up to twelve (12) years of verified experience outside the District as a licensed Educator in a K-12 or Special Education accredited public, private, or charter school will advance initial placement on the Single Lane Salary Schedule by one (1) increment. Each year must have included ninety (90) contract days or more, must have been the equivalent of half-time (.50 FTE) or greater, and must have required a valid Educator license in order to qualify as one (1) year of experience.

Beginning September 1, 2022, an Educator who has provided the District with an original transcript showing completion of a Master’s Degree and/or a Doctorate Degree from an accredited University or College of Higher Education AND the Educator has twelve (12) years of verified experience as a licensed Educator in accordance with §5-2-1, the Educator receives a salary enhancement of $5000 for each advanced degree as outlined in §5-4.

Educators who have completed sufficient continuing education to advance their status on the Single Lane Salary schedule must complete and submit to Human Resources a Continuing Education Increment Advancement Application. It is the responsibility of the Educator to submit with the application, an original official transcript of all University or College of Higher Education semester hours and/or a list of all Utah State Board of Education (USBE) credits earned to that date. Photocopies of transcripts are not accepted.

Approved Continuing Education Increment Advancement applications received August 1 through April 30 will result in designated increment adjustments effective from the first working day of the month following the submission of all required materials in accordance with the negotiated agreement governing that school year. Approved increment adjustments are processed and reflected in the Educator’s earning statement within six (6) to eight (8) weeks.

Approved Continuing Education Increment Advancement applications received May 1 through July 31 will result in designated increment adjustments effective the first day of the next contract period following the submission of all required materials in accordance with the negotiated agreement governing the next fiscal year. Approved increment adjustments are processed and reflected in the Educator’s earning statement within six (6) to eight (8) weeks.

Semester hours from an accredited University or College of Higher Education and/or Utah State Office of Education (USOE) approved credit are accepted for Educators desiring to receive Continuing Education Increment Advancement on the Single Lane Salary schedule as follows.

When an Educator has completed an advanced degree, a Master’s Degree and/or a Doctorate Degree, from an accredited University or College of Higher Education AND the Educator also has twelve (12) years of verified experience as a licensed Educator, the Educator is eligible for an Advanced Degree and Service Salary Enhancement of $5000 for each degree.

Upon completion of a Master’s Degree and twelve (12) years of experience, an Educator may submit an Advanced Degree and Service Salary Enhancement Application. Upon completion of a Doctorate Degree and twelve (12) years of experience, an Educator may submit an additional Advanced Degree and Service Salary Enhancement Application.

Approved Advanced Degree and Service Salary Enhancement Applications received August 1 through April 30 will result in the designated salary enhancement, effective from the first working day of the month following the submission of all required materials in accordance with the Negotiated Agreement governing that school year. Approved salary enhancements are processed and reflected in the Educator’s earning statement within six (6) to eight (8) weeks.

Approved Advanced Degree and Service Salary Enhancement Applications received May 1 through July 31 will result in the designated salary enhancement effective the first day of the next contract period following the submission of all required materials in accordance with the Negotiated Agreement governing the next fiscal year. Approved increment adjustments are processed and reflected in the Educator’s earning statement within six (6) to eight (8) weeks.

Salary enhancements are prorated according to the date awarded (see §5-4-8 and §5-4-9) and according to the Educator’s FTE.

Extra-responsibility assignments must occur outside regular contract time and outside normal contract duties, responsibilities, and expectations.

All extra-responsibility assignments are year-to-year and are at-will assignments. Such assignments are separate from primary assignments and are separate from Provisional or Career Educator assignments.

Anyone employed for an extra-responsibility assignment must be employed through approved District employment procedures.

Extra-responsibility assignments are paid as outlined in their respective provisions.

All extra-responsibility assignments are year-to-year and are at-will assignments. Such assignments are separate from primary assignments and are separate from Provisional or Career Educator assignments. Such assignments and stipend amounts, where applicable, are assigned to schools for a site-based decision making process. All schools follow the guidelines outlined below:

Deductions from monthly salary checks may be made for such professional or mutual benefit organizations as are authorized in writing by the Educator and agreed to by the Board. Federal income tax, retirement taxes and contributions, and any other amounts required by law or authorized by the Educator are deducted from the amount of the contract.

Payment for services shall be monthly and payment shall be made on the twenty-fifth (25th) day of each month. Educators are paid in twelve (12) equal monthly installments. Payment commences with the first regular pay period of the school year.

In the event funds for school operation and maintenance are made available during the year from State or Federal sources which are in excess of the amounts anticipated at the beginning of the year, the salary schedules may be revised and the amount of individual contracts adjusted in such manner as the Board and the Association may at the time determine.

Concerns about conditional factors or discrepancies that determine placement on the Single Lane Salary schedule must be filed with the Superintendent. The statute of limitations for filing on a discrepancy is two (2) years from the date of such placement. Any over-payments from the District also have a statute of limitations of two (2) years.

Educators desiring a transfer or reassignment for the subsequent school year shall make their specific request known by letter to Human Resources. Such a letter shall be handled confidentially and such a request considered at the time that openings occur in the desired positions. Any request for transfer to another school or certification area requires the Educator to participate in an interviewing process.

Where feasible, assignments of new Educators in the school system shall not be made until such requests for reassignment or transfer have been considered.

In determination of requests for voluntary transfer and/or reassignment, the convenience and wishes of the individual Educator shall be honored to the extent that they do not conflict with the instructional requirements and best interest of the school system. If more than one Educator has applied for the same position, the Educator best qualified for that position shall be appointed and, qualifications being equal, experience in the District shall have preference.

The Board and the Association recognize that some involuntary transfer of Educators from one school to another or reassignment within a school is unavoidable. They also recognize that under normal circumstances transfer or reassignment of Educators should be held to a minimum. Therefore, they agree as follows:

The right of the Board to transfer personnel from one position to another or from one school to another is valid, with the following provisions:

Leave provisions apply only to the base contract. Absence of an Educator for the reasons stated in Article 7 shall be charged against leave allowance regardless of the employment of a substitute. Days of leave shall be acquired according to an Educator's current FTE (i.e. .50 FTE generates leave in half-day increments; 1.0 FTE generates leave in full-day increments). Days of leave shall be charged against the Educator's leave balance in increments equal to the Educator's FTE at the time the leave is taken, regardless of the Educator's FTE at the time the leave is acquired.

Substitutes shall be employed and paid by the Board and not by the Educator as follows:

The District follows the Family and Medical Leave Act (FMLA), 29 U.S.C. §2601 and implementing regulations located at 29 C.F.R., §825 et seq. FMLA leave runs concurrent with any other District provided leave and is issued on a fiscal year (July 1 through June 30).

FMLA Definitions

FMLA Eligibility

Concurrent Leave and Leave without Pay

Foreseeable Leave

Employer Notification

Spouses of Educators Employed by the District

Required Medical Certification

Employment and Benefit Protection

Other Provisions

End of School Year Procedures

Eligible Educators are allowed ten (10) days sick leave each school year with full pay for absence due to personal illness or illness in the immediate family. If the contract term is not completed, the number of sick days given is prorated for the time worked. If an Educator is absent beyond the accumulated sick leave days, other accumulated paid leave shall be applied. If the Educator is absent beyond accumulated leave, the absence is without pay as governed by §7-7.

The immediate family shall be defined as mother, father, wife, husband, sister, brother, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, grand-parent, and grandchildren. Other members of the Educator's household not listed who are, in fact, if not by legal relationship, members of the immediate family, may at the discretion of the Association and Board, be so considered.

Once an Educator has used more than ten (10) days sick leave within a school year, medical certification may be required each day thereafter.

Recovery from any extended illness/disability extending to ten (10) consecutive working days or more requires the Educator to apply for FMLA and to provide certified medical verification to the District. The Board may require, at their expense, a second opinion and verification of the medical need.

Credit for unused days of sick leave is allowed to accumulate to a maximum of 150 days. After Educators earn the 150 day maximum, they are allowed, in a given school year, ten (10) days sick leave (non-accumulative) beyond the 150 day maximum.

Absence of an Educator for the above named causes shall be charged against their sick leave allowance regardless of the employment of a substitute teacher.

If the Educator's absence results from an on-the-job injury, and he/she receives reimbursement for lost wages from Worker's Compensation, the District provides additional funding to equal the Educator's rate of pay; however, the first three (3) days of absence are deducted from the Employee's sick leave.

An Educator is entitled, upon written application to Human Resources, for leave to be used for childbirth and recuperation. Accumulated compensated leave may be used for this purpose up to six (6) weeks immediately following the birth of the baby. If an Educator is absent beyond the accumulated sick leave days, other accumulated paid leave shall be applied. If the Educator is absent beyond accumulated leave, the absence is without pay as governed by §7-7. Complications in the course of pregnancy or leave to care for an infant falls under the provisions of the FMLA (see §7-2).

An Educator who is pregnant may continue in active employment up to her certified delivery date provided she is able to properly perform her required functions as determined by the Educator, her physician, and the principal and/or supervisor.

An Educator whose wife has delivered a baby, or who has adopted a baby may take sick leave for this purpose as covered in §7-2-2-4.

An Educator adopting an infant child shall be entitled to use up to ten (10) days sick leave commencing with legal documentation of placement of the child in the Educator's home.

Educators eligible for sick leave benefits under this policy who retire or voluntarily leave employment with Logan City School District shall be compensated by the Board for accumulated sick days at a rate of .0021 times the third increment of the current salary schedule for years employed as an Educator in the Logan City School District as follows:

           Years one (1) thru four (4):                      25% of the rate
           Years five (5) thru nine (9):                     50% of the rate
           Years ten (10) thru fourteen (14):           75% of the rate
           Years fifteen (15) and over:                     100% of the rate

For Example: An Educator with eleven (11) years of service in the Logan City School District and sixty-five (65) days of unused sick leave would be entitled to the following:

           Value of third increment:                                      $56,942
           Sick leave payout rate (.0021 times base):              $120.00 per day
           Payout percentage based on years employed:          75%
           Daily payout:                                                         $90
           Total sick leave days unused:                                  65
           Total sick leave payout:                                          $5,850

A Sick Leave Bank is established for leave eligible Educators to draw upon in the case of catastrophic illness. Catastrophic illness does not include all reasons for which an Educator might be eligible for FMLA leave, maternity leave, or other categories of leave.

Additional days of leave granted by the Sick Leave Bank Committee run concurrent with any FMLA leave for which the Educator may be eligible.

Eligibility

Participation

Application Process

Upon the death of an immediate family member, Educators may be absent from their assignment for up to five (5) consecutive days. The immediate family is herein defined as in paragraph  7-3-2.

Leave may consist of two (2) days of District-paid bereavement, and up to an additional three (3) days from the Educator's accumulated leave.

Two (2) days of District-paid bereavement leave are available for each qualifying event.

An Educator is allowed four (4) days per school year for personal leave. If the contract term is not completed, the number of personal days given is prorated for the time worked.

It is the responsibility of each Educator to give the principal notification by 8:00 a.m. the day prior to the personal leave.

The Educator must have adequate lesson plans for a substitue for the day(s) of leave. A copy is filed with the principal.

The time when these days may be used is left to the discretion of the Educator, with the following exceptions:

When an Educator takes personal leave, the Board shall pay the cost of the substitute. If an Educator is absent beyond the accumulated personal leave days, the absence is without pay as governed by §7-7.

Personal Leave Carryover

Personal Leave Payout

Absence Beyond Available Leave is only to be taken when personal leave is exhausted.

Absence Beyond Available Leave requires prior written authorization of the Superintendent or designee or 24-hours post factum of an emergency situation. Requests for Absence Beyond Available Leave must detail the reason for the request and the number of days being requested.

The utilization of Absence Beyond Available Leave requires the following:

Absence Beyond Available Leave may be addressed through corrective discipline

Educators must have completed a minimum of six (6) consecutive years of professional experience with the District before being eligible to apply for sabbatical leave. No person shall be granted sabbatical leave more than once in seven (7) years.

Educators may submit a letter of application to the Superintendent by March 1 of the year proceeding the year for which sabbatical leave is requested. A committee organized by the Superintendent determines whether or not a sabbatical will be granted the following year. If a sabbatical is to be granted the following year, the final selection and notification to those who have applied for sabbatical leave is made by the Superintendent based upon criteria jointly determined by the Association and the Board by March 15.

Sabbatical leave may be taken for study at an institution of higher learning where an approved course of study is taken. Approved travel with the submission of a curriculum project to benefit the school, District, or staff may also be considered as a sabbatical leave.

An Educator granted sabbatical leave shall receive fifty (50) percent of his/her present salary for one (1) year of leave. Payment is made and agreed upon by the contract, which includes leave, salary, and insurance.

An Educator who accepts a sabbatical leave of absence must signify intention of returning to the District for one (1) year. Such Educator is assured reemployment.

If an Educator who has taken advantage of sabbatical leave fails to return to service as provided above, all monies, including insurance premiums, as stated in a signed contract and received from the Board while on sabbatical leave are to be returned to the Board in full.

An Educator on sabbatical leave is entitled to Health and Accident Benefits provided by the Board at the expense of the Board.

A year of sabbatical leave does not count as a year's teaching experience, and does not result in an increment advancement on the salary schedule, upon return.

A Career Educator may take a partial or full year leave of absence without pay once every three (3) school years.

During the school year, a Career Educator may apply for a leave of absence without pay and benefits for the remainder of the current school year. Such a request must be given to Human Resources thirty (30) days prior to the proposed commencement of the leave.

When a Career Educator wishes to take a leave of absence without pay and benefits for the next school year, he/she must make a written request to Human Resources stating the reason for the request. Preference will be given to requests received prior to March 1 of the current school year in which the request is made, and requests may be denied when received thereafter.

An Educator returning from a leave of absence without pay is entitled at the end of the leave to a position for which he/she is appropriately licensed. Upon returning he/she will receive the same level of benefits as when the leave was granted; namely, placement on the pay scale, accrued sick leave benefits, and insurance granted by the policies in effect upon return.

An Educator desiring reemployment following a leave of absence without pay must notify Human Resources in writing of his/her intent to return by February 1. If written notification does not occur by February 1, the position is declared vacant.

Educators are allotted one (1) professional day every two (2) years to be used for observation in other classrooms throughout the state. Transportation may be provided through District vehicles, if available, or at the Educator's expense. The Educator informs and is given approval from both building administrators on the date, school(s), and Educator(s) to be observed prior to the visit.

An Educator must submit a letter to Human Resources requesting jury duty leave with accompanying documentation of required service.

Jury duty is not paid leave unless the Educator remits his/her jury duty payment to the District. If the Educator accepts payment for jury duty service, the Educator must report personal or vacation leave for each day of compensated jury duty service.

If an Educator's absence results from an on-the-job injury, and he/she receives reimbursement for lost wages from Worker's Compensation, the District may provide additional funding to equal the Employee's (Educator's) rate of pay; however, the first three days of absence are deducted from the Employee's (Educator's) sick leave. Employees (Educators) who wish to receive one-third (1/3) of their wage to make up the difference between their full wage and the two-thirds (2/3) of their wage paid by Worker's Compensation must have sick leave available and use sick leave hours for each hour paid.

Educator's who do not have sick leave available will only receive the two-thirds (2/3) of their salary as paid by Worker's Compensation.

Temporary Total Disability Compensation is paid for the time an Educator cannot work because of a work injury or illness. However, no compensation is paid for the first three (3) days after an injury or illness unless the disability prevents Educator from working for more than a total of fourteen (14) days. In that case, Educator is paid for the first three (3) days of disability. This type of compensation ends when Employee (Educator) returns to work or reaches medical stability.

An individual Educator shall have the right to present grievances as per the grievance procedure provided. Nothing in this statement shall be so construed as to deprive any individual of his/her rights under the Utah Right to Work law nor his/her rights as set forth in Title IV of the Civil Rights Act or provisions that may be applicable to public Educators under Section 34-19-1 through 13 and Section 34-20-1 through 13, Utah Code Annotated, 1953, as subsequently amended.

The purpose of this process is to secure, at the lowest possible administrative level, equitable solutions to grievances which may arise. Both parties agree that these proceedings shall be kept informal, confidential, and shall cooperate and act in good faith to resolve the grievance.

This procedure is to provide all Educators equitable solutions for alleged violations, misinterpretations, or inequitable applications of local School District policies or practices relative to provisions of Federal anti-discrimination legislation.

The Board recognizes that each Educator has the right to use any appropriate channels of communication through which a Grievance may be presented, reviewed, and equitably resolved within a specified period of time.

Educators are entitled to due process by having their Grievance reviewed by higher authority without fear of retribution, reprisal, or recrimination as a result of having presented a Grievance or having been a party of interest in the Grievance procedure.

Educators have the right to self-representation or are entitled to be represented by a representative of the Association, if desired. An Educator is not entitled to legal counsel until Step Four of the Grievance Procedure. Twenty-four (24) hour advanced notice is required if either party intends to have representation or legal counsel in attendance.

The Grievance procedure shall be kept confidential and all documents, communication, and records relating thereto are maintained in a separate Grievance file.

If a meeting to process a Grievance is scheduled during the normal working day, the Educator and all District participants suffer no loss in pay.

The number of days specified in this procedure may be extended by mutual agreement between the Board and the Grievant or their designee.

Nothing in this procedure shall be construed to limit the right of the Board or the Grievant to appeal to an appropriate court of law.

Step One - Oral Grievance

Step Two - Written Grievance

Step Three - Appeal of Written Grievance

Step Four - Impartial Third-Party Hearing

Legal Authority

Cause of Orderly Termination

Dismissal/Termination of Educator’s Contract for Cause – Procedures [See UCA §53G-11-513]

Nonrenewal or Dismissal/Termination of a Career Educator’s Contract for UnsatisfactoryPerformance – Procedures [See UCA §53G-11-514]

In addition to the salary provided in the schedule, it shall be the policy of the District to pay the total insurance premium for health and hospital insurance on full-time Educators and their dependents for the Educator's choice of insurance programs offered by the District. The Board consults with the Association prior to any changes to insurers or benefits.

The following are eligible for coverage under the District group plan:

Coverage under the health insurance plan for all eligible participants becomes effective on the first day of the calendar month next following the date the Educator commences active employment. The Educator must complete proper application forms prior to the effective date.

Educators eligible for Medicare are encouraged to enroll in the Federal Medicare program ninety (90) days prior to their becoming eligible. Educators eligible for Medicare and their spouse may, at their option, continue to be carried on the District sponsored Health and Accident Policy under the program recommended by the current insurance carrier.

Coverage for any member of the program ceases at the end of the month in which they become ineligible (usually August following last school year worked) or their employment is terminated.

It is the responsibility of Educators covered by the group insurance plan of the District to immediately notify the District Office of any changes in their eligibility status or their dependents. Educators are held financially responsible to repay any loss in premium payments suffered by the District due to their negligence.

The Board pays the full premium for long-term disability insurance provided for Educators as per the current qualifications for insurance coverage.

Insurance eligible Educators are provided a term life insurance benefit. The current benefit, paid in full by the Board, provides $50,000 coverage for the Educator. For Educators eligible for family coverage, an additional $5,000 per dependent is provided. Additional coverage may be purchased and paid for by the Educator

For the purpose of the Longevity Incentive Program, Educator is defined as a licensed Educator under contract with the District.

To reward longevity and provide a bridge to Medicare for eligible Educators who wish to separate employment with the District prior to Medicare eligibility.

Benefits under this provision are for Educators who have met all eligibility requirements of the District.

Benefits under this provision are paid by the District for four (4) years or until the Educator becomes eligible to receive Medicare benefits, whichever comes first.

The Board and the Educator understand that the District's Longevity Incentive Program is independent from benefits provided by Utah Retirement Systems (URS). Notwithstanding, all parties agree to be bound by URS provisions.

Educators who qualify for the Longevity Incentive Provisions in accordance with §11-4-2 must submit written notification of their intent to retire at the conclusion of the present contract term to the Department of Human Resources no later than the last business day in January of the present contract term.

Educators who intend to retire upon the conclusion of the present contract term, receive a $500 Early Declaration Award if the Educator’s written statement of retirement is received by the Department of Human Resources by the last business day in December of the present contract term.

Educators to who qualify for the Longevity Incentive Program one of two ways as follows:

Full-time FTE (1.0) and a minimum of 180 contract days qualifies as one year of full-time service. FTE less than full-time (1.0) or contract days less than 180 in any given fiscal year may be cumulated with other fiscal years to generate full years of service. Periods of leave taken without pay do not count toward years of service.

Paid Sabbatical Leave taken prior to June 30, 2013, counts toward years of service; however, paid Sabbatical Leave taken after July 1, 2013, will not count toward years of service. Active duty in the military, congruent with URS guidelines and regardless of when taken, counts toward years of service.

Educators eligible to receive Medicare benefits are not eligible for the annual stipend or health insurance coverage under this provision.

Educators terminated for cause are not eligible for the annual stipend or health insurance coverage under this provision.

The Educator reviews eligibility requirements with the District Business Administrator or Human Resources Department.

The Educator desiring to participate in the Longevity Incentive Program must notify the Human Resource Department in writing no later than the last business day in January. Failure to comply with this notification deadline will result in a fine of twenty-five (25) percent of the first year’s stipend or $2500, whichever is less.

Should an Educator who is participating in the Longevity Incentive Program return to employment with the District, the Longevity Incentive provisions are suspended until the Educator once again separates employment from the District. Upon re-separation, the Educator resumes receiving the remaining benefits for which he/she is eligible or until the Educator becomes eligible to receive Medicare benefits, whichever comes first.

The annual stipend payable under this provision is equal to fifty (50) percent of the difference between the first increment of the current Single-lane Salary Schedule and the Educator's base salary plus any amounts received for extended contract days during the immediate preceding last full year of employment.

As a general rule, the annual stipend will be deposited into the Educator's health reimbursement account or special pay plan the first week of October each year.

The District agrees to maintain the Educator's enrollment in the District's group life insurance program for as long as the Educator qualifies for health insurance coverage, thus providing the Educator's designated beneficiary with a life insurance benefit valued at $50,000 under current District policy. All other benefits provided under this provision terminate upon the death of the retired Educator.

The Educator receives single or couple health insurance coverage with the existing District group health insurance program. Educators are able to maintain family coverage, if applicable, by paying the premium difference. Educators also have the option of waiving health insurance coverage, in which case the District contributes $1,000 into a designated health reimbusement or health savings account.

All health insurance coverage is subject to change, as negotiated yearly. Retiring Educators receive the same group medical benefits as negotiated yearly; however, future insurace premium increases are the responsibility of the Educator and will be deducted from the annual stipend payable under this provision.

Educators who qualify for purchase of URS service credit at the time of separation may use the annual stipend payable under this provision and sick leave payout toward the purchase of such credit in keeping with URS guidelines.

Benefits payable under this provision are subject to annual negotiation.

The District recognizes the value and importance of Educator participation in curriculum and other recommendations and decisions affecting schools.

The District forms representative committees in cooperation with the Association leadership to be responsible for assisting the Superintendent in preparing recommendations to the Board for curriculum revision by evaluating proposed curriculum changes as they relate to needs, priorities, costs, and appropriateness for change of emphasis.

Education Support Professionals are used to augment rather than replace licensed Educators. It shall not be the practice to hire licensed Educators as Education Support Professionals for a reduced salary and then utilize them in place of Educators.

The assignment of Education Support Professionals to a classroom shall not be used as justification to increase the size of the class. Education Support Professionals can be utilized where large classes are unavoidable due to attendance boundaries.

Educators shall enjoy all rights and privileges of an American citizen. He shall be free to teach objectively controversial issues of current interest (when these issues relate to their professional assignment) and shall be at liberty to take part in the political affairs of the community, state, and nation.

It shall be the duty of all Educators of the District to teach facts as they interpret them, except that during the school day Educators shall not advocate or in any way proselyte for or in the interest of any religious creed or any political party, nor shall any Educator speak disparagingly of any religious or political organization or of religious or political beliefs, held by students. During the school day, Educators shall not solicit support for any candidate on a political ticket, any candidate seeking office at a public election.

It shall be the obligation of the principals and the Superintendent to inform all Educators annually of this policy. It shall further be the duty of each school principal and supervisor or the Superintendent to interpret this policy to the public or to any individual or individuals who report Educator participation in the area of the subject matter of this policy.

It shall be the policy of the District to encourage Educators to teach all issues of current interest in local, state, national, and international affairs. It shall be the duty of the administration to aid Educators in professional growth and understanding of all social, political, and economic affairs, through the use of workshops, university courses, and other means of instruction.

Under no circumstances is any Educator or other school Educator permitted to advocate the overthrow by force of any segment of government of the nation, nor is any Educator permitted to belong to any association or organization that advocates such action. Membership in such organization shall be regarded by the Board as notice from the Educator of cancellation of contract between the Educator and the District.

The District recognizes that all Educators and other Educators may participate in all affairs of citizenship. Educators shall be free to take part in any political issue, or support and advocate in the interest of, any candidate for public office, except that such activity shall not be done during the time of day that school is in session nor include the time before and after the regular class schedule that Educators are obligated to use in their professional assignment.

It is recognized that Educators may belong to the political party of their choice and be active therein.

It shall be the obligation of the District to permit any Educator or other school Educator to become a candidate for a public or political office. In case of election or appointment to such an office, it shall be the duty of the Board to grant a leave of absence. In case such political activity does not interfere with the Educator's regular school duties, it shall be the obligation of the District to pay the entire salary during the term of office. If, in the opinion of the Board, the political activity has partial interference with the Educator's duty to the District, the Board and the Educator concerned shall mutually agree upon the salary to be paid to the Educator while campaigning for or occupying public office.

Educators agree that it is the responsibility of school administrators to evaluate Educator's service. Insofar as possible, these evaluations shall be made a matter of mutual understanding, but Educators are ultimately evaluated by their principals and the record of evaluation filed as confidential personnel data in the District Office. Educators participate in a conference with their principal concerning their evaluations and receive a written copy of the evaluations.

The District recognizes that the Educator's evaluation should serve both a formative and summative purpose, emphasizing prevention and correction of problems rather than punitive discipline.

Reduction-In-Force Policy [See UCA §53G-11-516(2) & (3)]

Reduction-In-Force Classification, Dismissla Order, and Dismissal Criteria