DODGE CITY NATIONAL EDUCATION ASSOCIATION · 2017-2018 negotiated agreement as ratified by dodge city national education association and the board of education of unified school district

2017-2018 NEGOTIATED AGREEMENT

AS RATIFIED BY

DODGE CITY NATIONAL EDUCATION ASSOCIATION

AND

THE BOARD OF EDUCATION OF

UNIFIED SCHOOL DISTRICT NO. 443 FORD COUNTY, KANSAS

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TABLE OF CONTENTS ARTICLE NO. 1 - BY REFERENCE AGREEMENT ..................................................................................................................................... 5

ARTICLE NO. 2 - FORM OF INDIVIDUAL CONTRACT ........................................................................................................................... 6

EXHIBIT A – 2017-2018 CERTIFIED EMPLOYEE EMPLOYMENT CONTRACT ............................................................................................................ 7

ARTICLE NO. 3 - SCHOOL CALENDAR COMMITTEE ............................................................................................................................ 9

ARTICLE NO. 4 - PARENT-TEACHER CONFERENCES .......................................................................................................................... 11

ARTICLE NO. 5 – PLACEMENT ROSTER FOR 2017-2018 SCHOOL YEAR ............................................................................................. 12

EXHIBIT B – PLACEMENT INFORMATION ........................................................................................................................................................ 14 EXHIBIT C - SPECIAL SALARY SCHEDULE ......................................................................................................................................................... 19

Dodge City High School Athletics and Activities .............................................................................................................................. 20 Middle School Athletics and Activities ............................................................................................................................................. 22 Elementary ...................................................................................................................................................................................... 22 Dodge City USD 443 District-Wide Positions ................................................................................................................................... 23 Special Salary Information .............................................................................................................................................................. 24

EXHIBIT D - NATIONAL BOARD CERTIFICATION INCENTIVE................................................................................................................................. 26 EXHIBIT E – BRIGHT BEGINNINGS................................................................................................................................................................. 27 EXHIBIT F – ESL STIPEND ........................................................................................................................................................................... 28 (NOTE: THIS AGREEMENT ENDED WITH THE CLOSE OF THE 2014-2015 SCHOOL YEAR.) .......................................................................................... 28

ARTICLE NO. 6 - IRS SECTION 125 - CAFETERIA BENEFIT PLAN .......................................................................................................... 29

ARTICLE NO. 6A - FRINGE BENEFITS TAX-SHELTERED ANNUITIES ..................................................................................................... 30

ARTICLE NO. 7 - STAFF DEVELOPMENT PROGRAMS ......................................................................................................................... 31

ARTICLE NO. 8 - PLANNING PERIOD ................................................................................................................................................. 32

ARTICLE NO. 8A - TEACHING ASSIGNMENT DURING PLANNING PERIOD ......................................................................................... 33

ARTICLE NO. 9 – CERTIFIED EMPLOYEE INSTRUCTIONAL DAY .......................................................................................................... 34

ARTICLE NO. 10 – CERTIFIED EMPLOYEE WORK DAYS ...................................................................................................................... 35

ARTICLE NO. 11 - PROCEDURE FOR TERMINATION AND NON-RENEWAL OF EMPLOYMENT OF CERTIFIED EMPLOYEES................... 36

ARTICLE NO. 12 - TERMINATIONS RESULTING FROM REDUCTION IN FORCE .................................................................................... 39

ARTICLE NO. 13 - TRANSFER AND REASSIGNMENT OF CERTIFIED EMPLOYEES ................................................................................. 41

ARTICLE NO. 13A – CERTIFIED EMPLOYEE RELOCATION ................................................................................................................... 43

ARTICLE NO. 14 - COMPENSATION FOR LUNCHROOM AND PLAYGROUND DUTIES DURING THE LUNCH PERIOD ............................ 44

ARTICLE NO. 15 - REIMBURSEMENT OF CERTIFICATION OF HEALTH COSTS ..................................................................................... 45

ARTICLE NO. 16 - TUITION ASSISTANCE ........................................................................................................................................... 46

ARTICLE NO. 17 - LEAVE POLICY ....................................................................................................................................................... 50

ARTICLE NO. 18 - PAY FOR UNUSED PERSONAL BUSINESS LEAVE DAYS ........................................................................................... 58

ARTICLE NO. 19 - GRIEVANCE PROCEDURE ...................................................................................................................................... 59

ARTICLE NO. 20 - EARLY RETIREMENT PLAN .................................................................................................................................... 63

ARTICLE NO. 21 - COMPENSATION TO RETIRING CERTIFIED EMPLOYEES ......................................................................................... 65

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ARTICLE NO. 22 - EARLY DISMISSAL ................................................................................................................................................. 66

ARTICLE NO. 23 - DRUG-FREE WORK PLACE ..................................................................................................................................... 67

ARTICLE NO. 24 - TIME UTILIZATION PLAN(S) FOR DISTRICT ATTENDANCE CENTERS ....................................................................... 69

ARTICLE NO. 25 - STAFF ACCESS TO BUILDINGS ............................................................................................................................... 70

ARTICLE NO. 26 - HEAT DAY POLICY ................................................................................................................................................. 71

ARTICLE NO. 27 - ACADEMIC FREEDOM ........................................................................................................................................... 72

ARTICLE NO. 28 - PATRON COMPLAINTS ......................................................................................................................................... 73

ARTICLE NO. 29 - RESIGNATIONS AND RELEASE FROM CERTIFIED EMPLOYEE'S CONTRACT ............................................................. 74

ARTICLE NO. 30 - NEW CERTIFIED EMPLOYEE ORIENTATION ........................................................................................................... 75

ARTICLE NO. 31 - VOLUNTARY SERVICES ......................................................................................................................................... 76

ARTICLE NO. 32 - ON THE JOB INJURIES RESULTING FROM STUDENT OR PATRON ASSAULTS .......................................................... 77

ARTICLE NO. 33 - DISTRIBUTION OF AGREEMENT ............................................................................................................................ 78

ARTICLE NO. 34 – SAVINGS CLAUSE ................................................................................................................................................. 79

ARTICLE NO. 35 - DURATION OF AGREEMENT ................................................................................................................................. 80

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Article No. 1 - BY REFERENCE AGREEMENT RESOLVED, that the following language be made a part of the individual certified employee contract of the certified employees of Unified School District 443 for the coming school year:

All agreements made between the Board of Education of Unified School District 443 and the Dodge City NEA and ratified by the Board of Education and the certified employees of Unified School District 443, resulting from professional negotiations, pursuant to K.S.A. 72-5413, et seq., are hereby incorporated into this contract by reference, and become a part hereof as if fully set out herein.

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Article No. 2 - FORM OF INDIVIDUAL CONTRACT The form of individual contracts for all full-time certified employees shall conform to the sample copy attached hereto. For the 2017-2018 school year, the total number of contract days shall not exceed one hundred eighty (180) days, which shall include at least two (2) days of inservice.

Certified employee’s employment contract (See Exhibit A on following pages)

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Exhibit A – 2017-2018 Certified Employee Employment Contract

CERTIFIED EMPLOYEE EMPLOYMENT CONTRACT UNIFIED SCHOOL DISTRICT 443

Ford County, Dodge City, Kansas 2017-2018 School Year

Employee ID: ____ 2017-2018 Employee FTE: ____

It is hereby agreed by and between _________________, a duly qualified certified employee holding a certificate/license as required by the laws of Kansas, hereinafter called the teacher, and the Board of Education, Dodge City Unified School District 443, Dodge City, Ford County, State of Kansas, hereinafter called the Board of Education.

TERM: That said teacher is hereby employed by the Board of Education from August 17, 2017 to May 24, 2018, or until one hundred eighty (180) days of professional service have been completed, unless prorated based on the FTE (full time equivalency) of the teacher.

COMPENSATION: That said teacher shall be paid the following for providing teaching services for the Board of Education, including the additional, as described.

Compensation Description Amount Placement Roster Amount1 Class: _____ Salary Supplement Amount2 Supplemental benefit (Fringe) Cash-in-Lieu of Salary Supplement3 Qualifying teachers only. Placement Roster Adjustment4 Amount above Placement Roster. (Longevity) Other Retirement Stipend Amount For early notice of intent to retire.

TOTAL COMPENSATION ____________ Provided, that the total compensation to be received shall be paid in twelve (12) equal installments (except for ESL Stipend if applicable), commencing September 25, and continuing on the 25th day of each month thereafter until the total salary shall have been paid, unless prorated based on the FTE (full time equivalency) of the teacher. Provided, further, that this contract of employment shall be voidable by the Board of Education in case adequate funds are not available in the school budget or for the full financing of the budget.

CLASSIFICATION: That said teacher is entitled by teaching experience and/or additional education/preparation to be on the above Class and Step on the Placement Roster as agreed between the Board of Education and Dodge City NEA, which schedule may be prorated, if necessary, in accordance with money available. Provided, that the above classification is subject to change if the teacher supplies sufficient additional college credits prior to the first Friday in September of current year to be entitled to the next higher classification.

NEGOTIATION AGREEMENTS: All agreements made between the Board of Education of Unified School District 443 and the Dodge City NEA and ratified by the Board of Education and the professional employees of Unified School District 443, resulting from professional negotiations, pursuant to K.S.A. 72-5413, et seq., are hereby

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incorporated into this contract by reference, become a part hereof as if fully set out herein, and shall be distributed to all professional employees.

BOARD POLICY: That said teacher is to teach, govern, and conduct the classes assigned and conform to the Rules and Regulations and Policies of the Board of Education.

TERMINATION: That the Board of Education may terminate this contract in accordance with the provisions of the Procedure for Termination adopted by the Board and the laws of the State of Kansas; provided, that in the event of termination of this contract by the teacher during the school year, he/she shall receive as full compensation for services rendered, such portion of the entire contract carried out on the basis of the total number of days of professional service provided above.

This contract shall be signed and the copy returned to the office of the Board of Education as soon as possible, but in no event later than ten (10) days of its receipt, or the contract shall be considered as not acceptable.

IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names this ____ day of ________, 2017.

Board of Education Unified School District 443 ATTEST: Ford County, Dodge City, Kansas By: _________________________________________ Board of Education President _________________________________________ Superintendent of Schools _________________________________________ Teacher

1 Salary amount from the negotiated Placement Roster, with placement based on verified experience and education. 2 Supplemental benefit amount, if any, typically for insurance. 3 Cash received in lieu of supplemental benefit amount for certified employees “grandfathered” under the Negotiated Agreement.

This amount was “frozen” at $5,100, for the 2017-2018 school year. 4 Amount is the result of changes in the salary schedule format from previous years.

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Article No. 3 - SCHOOL CALENDAR COMMITTEE A school calendar committee shall be established annually for the purpose of collecting information and making recommendations for the selection, establishment, and adoption of the school calendar to the Board of Education.

The school calendar committee shall be composed of the following members selected from their respective groups.

• Two (2) classified staff members

• Two (2) community/parent representatives (one (1) elementary and one (1) secondary on a school rotation basis)

• Seven (7) certified staff members appointed by the President of Dodge City NEA.

• Two (2) administrators

• One (1) Board of Education member

• Ex Officio: Superintendent of Schools or designee

The committee shall be selected as soon as practicable each year and shall meet as often as required to complete its work. The Superintendent of Schools or designated representative shall be responsible for scheduling the meetings and shall act as the chairperson of the committee.

The committee shall publish and distribute proposed calendar ballots to all classified and certified staff including special education staff assigned to the District. Distribution shall also include ten (10) ballots to community/parent representatives at each building site. Each certified and classified staff member shall receive one (1) vote along with each of the ten (10) community/parent representatives from each building site. Distribution of community/parent ballots must be to non-staff parent organization or site council representatives.

The committee shall make its recommendation to the Board of Education on or before February 1 concerning the adoption of the school calendar for the following school year. If at all possible the committee shall recommend a calendar two (2) years in advance for Board of Education approval. The committee shall recommend the beginning and ending of the certified employee contract year as well as the number of school holidays to be observed during the school year. Any changes in the Negotiated Agreement which impact the school calendar shall contain provisions specifying any required amendments in any previously adopted calendar.

Beginning with the 2013-2014 school year, the committee shall be guided in its deliberations and recommendations for future calendars by the following criteria:

1) There shall be one hundred eighty (180) certified employee contract days;

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2) The calendar committee shall not have authority to determine the length of the student instructional day, nor to deviate from any of the requirements of the Negotiated Agreement;

3) An effort will be made to recommend a school calendar in accordance with the above criteria wherein student instructional days will not begin prior to the third full week in August, and will conclude prior to Memorial Day, except when Memorial Day occurs too early in May to allow for the above criteria.

Upon receiving the committee's recommendations, the Board of Education shall be solely responsible for the final adoption of the school calendar.

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Article No. 4 - PARENT-TEACHER CONFERENCES The Building Leadership Team at each attendance center, working with the building principal as instructional leader, shall develop procedures for parent-teacher conferences that best address the needs of the students and parents of its particular building. Unless a different schedule is proposed by the Building Leadership Team and building principal and approved by the Superintendent of Schools, the conferences will be scheduled to coincide with the days set aside on the school calendar for such conferences. The procedure as developed by the Building Leadership Team shall be implemented upon approval of the Superintendent of Schools or designee. School will be dismissed for an amount of time equal to the amount of time certified employees spend in these conferences beyond the instructional day. In addition, students will not be in class during conferences held during the normal school day.

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Article No. 5 – PLACEMENT ROSTER FOR 2017-2018 SCHOOL YEAR Salaries for all certified employees of the District, exclusive of administrators, for the 2017-2018 school year shall be established on the following basis:

1. The Placement Roster, a copy of which is attached hereto, marked Exhibit B, is adopted and shall be the salary schedule for the 2017-2018 school year.

2. The base salary (Class 1 – no experience) for the 2017-2018 school year shall be Forty Thousand 200 Dollars ($40,200.00).

3. (a) For the 2017-2018 school year, all certified employees will be placed on the 2017-2018 Placement Roster, as agreed between Dodge City NEA and the Board of Education in Exhibit B.

(b) Certified employees who, as determined by degrees and hours submitted and approved in accordance with Placement Roster regulations, qualify for changes in class for the 2017-2018 school year will be placed at the highest classification (Class) for which they are qualified.

(c) Those certified employees whose 2017-2018 salary exceeded the Placement Roster maximums as the result of Longevity will continue to receive that Longevity amount in addition to their placement in the 2017-2018 Placement Roster.

4. (a) In addition to the salary to be paid to each certified employee according to the above Placement Roster, the Board of Education shall provide for each full-time certified employee under contract for the 2017-2018 school year and continuing during the period of time said certified employee remains under contract, the sum of Nine Thousand Forty-five Dollars ($9,045.00) per year. With respect to part-time certified employees, the Board of Education shall provide an amount of money proportionate to the amount of time the certified employee is employed, based on the full-time certified employee negotiated supplement for that year.

(b) Each certified employee initially employed for the 2001-2002 school year and thereafter, as well as a certified employee who was employed prior to the 2001-2002 school year and who resigns and is not re-employed for the next school year immediately following the resignation, but is later re-employed, will participate in the teacher’s health insurance plan (at least single health coverage). If, for some reason, such certified employee or former employee does not participate in the teacher’s health insurance plan, or if any certified employee drops health insurance under the plan at any time after the 2000-2001 school year, the payment referred to in paragraph 4(a) above will be reduced by that same amount. Of said amount, Nine Thousand Forty-five Dollars ($9,045.00) will be placed in the teacher's health insurance plan so long as said plan is a fully or partially self-funded plan.

(c) In addition to the salary to be paid to each certified employee employed prior to the 2001-2002 school year who is receiving a cash payment in lieu of participating in the teacher’s health

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insurance plan, the Board of Education shall provide the sum of Five Thousand One Hundred Dollars ($5,100.00) for 2017-2018.

5. The maximum salary in each Class is as follows:

BS $46,050

BS+15 $52,450

BS+30 $55,550

MS $63,000

MS+15 $64,150

MS+30 $65,400

Ed/Sp $66,850

PhD $68,850

6. Each new certified employee is placed on the Placement Roster according to the judgment of administrators and the Board of Education.

7. Payment according to the Placement Roster will be conditioned on the ability of the Board of Education to raise its budget and to have the budget accepted.

8. The Board of Education emphasizes that this is a minimum roster and any certified employee may exceed the roster with the approval of the Board of Education.

9. Certified employees who will have a change in classification must present evidence for the change prior to the first Friday of September of the current school year.

10. Normal increments may be withheld if the services of the certified employee are deemed unsatisfactory or more than one (1) increment may be granted if the Board of Education deems it advisable.

11. Certified employees shall conform to Professional Growth requirements to be eligible for advancement on the Placement Roster.

12. In order to qualify for advancement in Class, a certified employee must present advance work in his or her teaching field.

13. The amounts to be paid for movement in Class will be One Thousand Five Hundred dollars ($1,500) between each Class, except Three Thousand dollars ($3,000) will be paid between BS+30 and MS. There will be eight (8) Classes and they will consist of BS, BS+15, BS+30, MS, MS+15, MS+30, Ed.Spec., & Ph.D./Ed.D.

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Exhibit B – Placement Information

TEACHER CLASS AMOUNT Abel, Scott BS $40,200 Ackerman, Betty MS+30 $56,150 Ackerman, Katie MS $47,400 Acosta, Elvina BS+30 $44,900 Adams, Jeffrey BS $41,100 Adams, Latrisha BS $40,750 Adams, Patricia MS+30 $59,650 Adams, Robyn MS+30 $61,750 Aguilar, Brandy BS $40,200 Aistrup, Daniel MS+30 $58,250 Alberry, Theresa BS+15 $42,250 Aldrete, Miguel BS+30 $44,900 Alfrey, Amy BS $40,250 Alfrey, John BS $40,250 Allman, Crystal BS $40,200 Alvarez, Bianca MS $49,850 Alvarez, Claudia BS+15 $42,000 Amaro, Arturo MS+15 $51,750 Amaro, Lori MS $46,750 Amaro, Shelly MS+15 $52,450 Ambler, Carrie BS+30 $45,450 Anderson, Carolyn MS $46,900 Armstrong, Dawniel BS+30 $52,550 Askew, Sherry MS+30 $56,850 Austin, Bonnie MS+30 $63,850 Austin, Bruce MS $47,100 Austin, Sarah (1) LTS $36,700 Axman, Whitney BS+15 $42,250 Baker, Maria BS+30 $44,100 Bakke, Crystal BS+30 $44,600 Bangerter, Kirstin MS+30 $59,650 Banks, Julie MS+15 $51,750 Barnett, Kathy MS+30 $57,750 Barnett, Melissa BS $40,200 Barnett, Wendy BS+30 $48,350 Batman, Shawn MS+15 $59,550 Baugh, April MS+30 $50,100 Baxa, Rita MS+30 $54,950 Becker, Nancy MS+30 $65,400 Bell, Melissa MS+30 $54,750 Beougher, Chelsie BS $40,200 Bertholf, Noralee BS+30 $51,450

Bhakta, Rimple BS $40,500 Bjerken, Corey (2) LTS $36,700 Black, Marilyn MS+30 $54,150 Blackburn, Jamie MS $47,600 Blankenship, Paige BS $40,500 Bogner, Michelle MS+30 $52,550 Boles, Carrie BS $40,250 Bolmer, Elizabeth MS $46,750 Bouchard, John MS+30 $53,050 Bradley-Finley, Susan MS+30 $56,150 Briggs, Tracee MS+30 $56,350 Brown, William MS $63,000 Buckner, Cheryl BS $40,200 Burke, Dawn BS $40,750 Burkhard, Dalton BS $40,250 Burkhart, Melinda MS+30 $52,450 Burns, Pamela BS+15 $43,100 Burr, Jordan BS+15 $43,100 Busch, LaDonna MS+30 $60,350 Busch, Misty MS $46,750 Calhoun, Jeffrey BS $40,750 Camacho, Mandy (3) LTS $36,700 Carmona, Brenda BS $41,100 Carr, Victoria BS $40,250 Castillo, Adam MS $47,100 Castro, John BS $40,250 Cecil, Geneva BS+30 $49,950 Cecil, Kayleigh MS $47,100 Chamberlin, Ed (4) LTS $36,700 Chance, Roxanne MS $48,450 Chilton, Christopher BS $40,750 Chilton, Kaylee BS $40,750 Clark, Kelley MS $50,100 Clark, Tyson MS+15 $53,850 Clifton Smith, Rhonda MS+30 $54,250 Clowdis, Michelle MS $46,750 Coffey, Amanda MS $48,300 Conant, Taylor BS $40,500 Conrardy, Debra MS+30 $61,050 Copenhaver, Kimberly BS+15 $42,250 Copp, Jason BS+15 $42,600 Corwin, Katie BS+30 $46,100 Cossman, Kileigh BS+15 $41,750

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Couch, Terry MS+15 $64,150 Courkamp, Brylee BS $40,500 Critzer, Geoffrey BS $41,100 Crockett, Donna BS+30 $46,850 Crosser, Barbara BS+15 $45,600 Cuddy, Patrick BS+30 $46,350 Culver, Jane BS+30 $55,550 Culwell, Kyle BS+15 $42,600 Cunningham, Amber MS+15 $48,600 Dahle, Angela BS+30 $55,550 Dark, Barbara BS+30 $45,850 Davis, Cynthia MS $47,100 De La Torre, Raul BS $40,500 Deal, Lisa MS $54,550 Deaver, Melissa BS $40,200 DeAnda-Rangel, Blanca BS+15 $42,600 Deges, Delisa (5) LTS $36,700 Del Real, Maria BS+30 $44,100 Dewell, Jill BS+30 $55,550 Dial, Rachel MS $47,900 Dierksen, Emily BS $40,200 Dierksen, Hannah BS $40,200 Dietz, Mari MS $46,750 Dinkel, Rana MS+30 $54,250 Doan, Taylor BS $40,750 Dominguez, Cecilia BS+30 $55,550 Doussa, Brian BS $40,750 Doussa, Christopher MS $57,150 Doussa, Kathy MS $54,450 Downey, Katlen BS $40,750 Duncan-Welty, Sarah BS $40,750 Dunlap, Johnny BS+15 $41,750 Dupree, Brooke BS $40,250 Duree, D'Nell BS+30 $46,350 Dutton, Adrienne BS $40,250 Dutton, Lucas BS $40,200 Elliot, Jade BS $40,200 Ellis, Amanda BS $40,250 Engelcke, Frances MS+30 $54,250 Engelcke, Leona BS $40,200 Enriquez, Celia BS+15 $43,400 Esqueda-Morton,Priscilla MS $50,250 Fairbank, Dana MS+15 $56,050 Fawcett, Aronda BS+30 $52,550

Fawcett, Chris MS+30 $59,650 Fergerson, Dustin MS $49,100 Fergerson, Trista MS $46,900 Ferreiro, Juan BS+30 $49,900 Figueroa, Gabriela BS $40,200 Flavin, Valerie BS+15 $42,000 Fleener, Amanda MS $49,550 Flies, Laura BS $40,750 Foster, David MS+15 $58,650 Foster, Summer MS+15 $55,250 Fravel Towry, Misti MS $49,850 Frerichs, Sabrina BS+30 $43,500 Friess, Rachael MS+30 $57,550 Froetschner, Elisha BS $40,200 Fry, Linda BS+30 $51,450 Rosa Garcia (6) LTS $36,700 Gaswick, Krystle MS $46,900 Gaswick, Nathan MS $46,900 Gepford, Kasie BS $40,750 Gerard. Megan BS $40,200 Gillott, Michael BS+30 $47,100 Ginther, Rebecca MS $56,250 Gleason, Heather MS+30 $61,050 Goertzen, Kristen BS+30 $44,900 Gonzalez, Denna BS $41,700 Gonzalez, Sonia MS $46,900 Groth, Susan MS+30 $65,400 Gurnee, Mary Anne MS+30 $54,750 Hall, Mary BS+30 $55,550 Hampton, Nancy MS+30 $54,950 Hansen, Jonathan BS+30 $44,900 Harlan, Audra MS $50,950 Harris, Ashley BS $40,200 Harris, Kaylee MS $48,950 Hartman, Britta BS+30 $43,750 Hascall, Nancy MS $50,075 Hawes, Tawn BS+30 $45,275 Haynes, Darcy BS+30 $44,900 Heeke, Justin BS+30 $43,755 Heil, Sarah MS $48,750 Heiland, Jennifer MS+30 $50,450 Heimerman, Sydney BS $40,255 Hendrix, Jennifer MS+30 $54,750 Hernandez, Daisy BS $40,200

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Hernandez, Natalie BS+15 $44,600 Hernandez, Saul BS $40,750 Herter, Amy MS+30 $63,850 Hesler-Keeten, Janet MS+30 $53,550 Hiers, Debra MS $63,000 Hines, Julie BS+15 $49,800 Hipp, Tiffany BS $40,750 Hobbs, Adam BS $41,100 Hoff, Sarah MS+15 $51,050 Holeman, Linda MS $58,700 Hollingsworth, Amy MS+15 $51,750 Hollingsworth, Marian MS+15 $51,050 Hommertzeim, Cecilia BS $40,200 Hopper, Denise MS+15 $60,450 Hornung, Renelda BS+30 $52,550 Hornung Heeke, Jill MS+30 $63,850 Howard, Dana MS+30 $58,250 Howard, Sheila Ed Spec $55,650 Huck, Karalee MS $57,150 Hutchcraft, Sherry MS+30 $63,850 Hutchcraft, Virgil MS+30 $63,850 Hutchinson, Myra MS+15 $59,550 Jackson, Timothy BS $40,500 Jacobs, Anne MS+30 $54,150 Janzen, Jason BS+15 $42,900 Jenkner, Carol MS+30 $52,950 Johnston, Donna MS $47,400 Jones, Jennifer MS+30 $32,519 Jones, Kathryn BS+15 $41,750 Jones, Marianna MS+30 $58,250 Kaiser, Charlotte MS+30 $65,400 Keeton, Carolyn BS $40,750 Kelley, Mark MS $59,850 Kemmerer, Chris BS $40,500 Kemper, Lewis BS $40,200 Kennedy, Alana MS $48,750 Kerns, Megan BS $40,200 Kerns, Rose BS+30 $54,700 Kerr, Brandi BS+15 $43,900 Ketzner, Mary BS+30 $45,300 King, Erin BS $40,750 Kinsey, Sara BS $40,750 Kirk, Sarah MS+15 $50,450 Klenke, Janell BS $40,200

Knedler, Kelly MS+30 $56,350 Koehn, Kip BS $40,500 Kolb, Shelly MS+30 $52,950 Kolsky, Jean MS $58,700 Krominga, Scott BS+30 $46,500 Lapka, Deborah MS+30 $54,750 Larson, Terri MS+15 $50,250 Laskowsky, Allison (7) LTS $36,700 Lawrence, Carolynn BS+30 $43,750 Lee, Terry MS+30 $61,050 Leiva, Magaly BS $41,400 Lemley, Tabitha BS+15 $43,900 Lenz, Matthew BS+30 $44,900 Lesser, Ashley BS $40,500 Lindamood, Jane Ed.D/Ph.D $63,050 Lindeman, Lori BS+15 $45,600 Litton, Jewel MS+30 $52,550 Lloyd, Deborah MS+30 $59,650 Lopez, Patrick BS+15 $49,800 Lopp, Jauna BS+30 $53,250 Lovitt, Teresa BS+30 $52,550 Lowery, Taviana MS $51,350 Lueders, Lars BS $41,100 Lueders, McKenzie MS $48,950 Magana, Mayre BS+15 $42,600 Mapel, Jim MS+30 $63,850 Martinez, Andrea BS+30 $45,450 Martinez, Mario MS $48,100 Maxwell, Whitney BS+15 $42,250 McCoy, Anna BS $40,200 McDaniel, Elaine MS+15 $56,850 McElwain, Adam BS $40,200 McGee, Bridget BS+30 $55,550 McGregor, Mendy BS+30 $46,850 McGroarty, Mary MS+30 $65,400 McLemore, Jessica BS+15 $42,200 McPhaul, Teri MS $58,700 Mead, Laura MS $54,550 Medina, Kristina BS+30 $44,600 Medrano, Carla BS $40,500 Mendoza, Jennifer MS $53,750 Mercado, Pat MS $58,700 Messino, Melissa MS+15 $55,250 Miles, Tim MS $46,900

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Miller, Chelsey MS $46,900 Miller, Jacob BS $40,250 Miller, Jennifer MS $46,900 Miller, Keighley BS $40,200 Miller, Melissa MS+30 $61,050 Millershaski, Pamela MS $50,250 Mills, Corrina BS $40,200 Mock, Nancy BS+30 $38,588 Moe, Kyle BS $40,750 Monterroza, Daxeli MS $47,400 Montes, Roxanna BS $40,750 Moore, Elizabeth BS+15 $44,600 Moore, Kristopher MS+30 $52,550 Moore, Victoria MS $48,300 Morse, Nathan BS $40,750 Morton, Margo BS $41,100 Murrow, Charolett BS+30 $44,900 Myers, Brian MS $50,250 Neifert, Krista BS $40,200 Nekuda, Garrett BS $41,100 Nicolet, Sandra BS+30 $48,350 Nietling, Nancy BS+30 $55,550 Nolte, Lynn Ed Spec $65,150 Nystrom, Deborah MS+30 $56,850 O’Hair, Tucker BS $40,200 Orange, Susan MS $58,050 Ortiz Smith, Maria MS+30 $53,250 Oursler, Marsha BS+30 $54,700 Parry, Devin BS $40,200 Paul, Kaitlyn BS $40,500 Pelton, Lisa MS $52,350 Pelton, Michael MS $55,350 Pendergast, Gwendolyn MS+30 $65,400 Pflughoeft, Pamela BS+30 $52,550 Pierce, Lisa MS $47,600 Plante, Sarah BS $40,200 Podrebarac, Lydia BS+15 $42,600 Podschun, Ashley BS $40,200 Pogue, Danna BS+15 $42,250 Powell, Caprice MS+30 $58,950 Power, Abigail BS $40,200 Prater, Sheila MS+15 $55,550 Priest, Dawnelle MS+15 $53,850 Quezada, Gabriela BS $40,200

Ralph, Shannon MS+30 $55,450 Ralston, Jessica BS $40,500 Ramirez, Maria Rosario MS+30 $55,450 Ramirez, Yvonne BS $40,200 Ramos, Pamela BS+30 $55,550 Randolph, Ethan BS+15 $42,400 Rankin, Steven MS+15 $56,250 Ray, Steven BS+30 $55,550 Reid, Michelle MS $55,550 Reimer, Kimberly MS+30 $61,750 Rich, Amanda BS $40,200 Richins, Jason MS+15 $50,950 Ridenour, Chris BS+30 $49,900 Riekenberg, Marian BS+30 $55,550 Robertson, Janell BS+15 $42,400 Rodriguez, Eva BS $40,200 Rodriguez, Regina MS $48,950 Rogers, Daniel BS $41,100 Rojas, Alejandra BS $40,750 Rosales Rios, Karla BS $40,250 Rouse, Barbara BS+30 $51,450 Royle, Katherine BS+15 $43,400 Rumbaugh, Samantha BS $41,100 Russell, Christine BS+30 $46,850 Rutschman, Breanna BS+30 $44,400 Salmans, Tara MS+30 $54,750 Samuelson, Sarah BS+30 $43,750 Sandbo, Mark MS $47,400 Sandoval, Miranda MS $49,850 Schaeffer, Sarah MS+30 $65,400 Schaffer, Erin MS $50,950 Schminke, Diane BS+30 $55,550 Schneweis, Amy MS+30 $57,050 Schneweis, Erik MS $53,750 Schroeder, Tyson MS $47,400 Schuette, Erin BS $40,200 Schuette, Scott BS+30 $43,750 Schuette, Shelley BS+30 $44,100 Scott, Janice MS+30 $29,125 Scott, Melanie MS+30 $56,350 Seibert, Elizabeth BS+30 $44,900 Self, Elizabeth MS $46,750 Self, Kevin MS+15 $49,100 Setzkorn, Abigail (8) LTS $18,350

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Setzkorn, Pamela MS $58,700 Sewell, Hollyann BS+15 $42,250 Shillington, Jared BS $40,500 Shipley, Zachary BS $40,200 Showalter, Kristin BS $40,250 Shumard, Amber BS+30 $44,100 Slattery, Chelsea BS $40,500 Slattery, Kimberly MS+15 $51,050 Smith, Fredric BS $40,200 Snodgrass, David MS+30 $51,750 Snodgrass, Jason (9) LTS $36,700 Snodgrass, Kelley BS+15 $44,200 Soeken, Kallie BS+15 $42,250 Soto, Darlene BS $40,750 Spencer, Tricia MS $48,450 Spencer, Wade BS+15 $42,000 Spindler, Christopher Ed. Spec $53,250 Stanley, Patrick MS $59,850 Starnes, Jayne BS+30 $55,550 Starnes, Tony MS $57,145 Stegman, Julie MS+30 $54,150 Steib, Brian MS+30 $51,950 Steiner, Heather MS $47,700 Stevenson, Susanne BS $40,500 Still Jr., Gilbert MS $47,100 Stoda, Ronald MS $50,250 Stone, Debra MS+30 $56,150 Stone, Erik BS $40,500 Stoops, Genevieve BS $40,200 Stout, William MS+30 $60,350 Studt, Blake BS+15 $43,100 Swan, Rebecca BS+30 $44,905 Tasaka, Melissa MS $51,350 Taylor, Marsha MS $58,050 Temblador, Diana MS+15 $48,600 Thomas, Sarah MS $46,750 Thomas, Ty BS $40,200 Thompson, Paula MS+15 $64,150 Thornton, Janna MS+30 $51,950 Torres, Cynthia BS+15 $42,250 Tremain, Angela BS $41,100 Trombley, Rachel BS+30 $45,400 VanNahmen, Kim MS+15 $51,050 Varner, Matthew BS $40,250

Veeder, Lori BS $40,750 Velez, Annel BS $40,200 Vice Bennett, Susan MS+15 $50,450 Vierthaler, Nancy MS $52,950 Vigil, Cori BS $40,200 Villanueva, Angelica BS $40,750 Voran, Michelle BS+15 $43,100 Voran, Shirley MS+30 $52,950 Voth, Daniel BS+30 $46,350 Wakeman, Kiley BS $41,100 Waldman, Shala BS+30 $55,550 Waldron, Jennifer BS+15 $42,600 Waller, Wendy MS+15 $52,450 Webb, Brittany BS $40,250 Weber, Molly BS $40,500 Webster, Brandon BS+30 $44,400 Weil, Rochele MS+15 $52,450 Wells Woods, Michelle BS+15 $43,400 West, Jesse MS+15 $51,750 White, Abraham BS+15 $42,250 White, Lindsay BS+30 $43,750 White, Melyssa MS $48,750 Whitson, Chris MS $58,550 Wilder, Ginger MS $55,350 Williams, Echo BS $40,200 Williams, Sarah BS $40,500 Williamson, Carrie MS $52,450 Wing, Billie MS $47,400 Wipf, Troy MS+15 $51,050 Womacks, Micah BS $40,750 Woofter, Kristi BS+15 $48,400 Woods, Kandra BS $40,500 Wright, Grace BS $40,750 Wright, Jeffrey MS $48,750 Yoder, Daniel MS+15 $50,250 (1) Sarah Austin-LTS-full year unfilled position (2) Corey Bjerken-LTS-full year unfilled position (3) Mandy Camacho-LTS-full year unfilled position (4) Ed Chamberlin-LTS-full year unfilled position (5) Delisa Deges-LTS-full year unfilled position (6) Rosa Garcia-LTS-full year unfilled position (7) Allison Laskowsky-LTS-full year unfilled position (8) Abigail Setzkorn - LTS-1st semester (9) Jason Snodgrass-LTS-full year unfilled position

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Exhibit C - Special Salary Schedule

Salaries for special duties assigned to certified employees of the District for the coming school year shall be established in accordance with the following schedule.

The Board of Education reserves the right to raise or lower any of these special salaries as the need may arise. Written notification of any such changes will be made within ten (10) days to the President of Dodge City NEA.

If the Board of Education, in its sole discretion, finds it necessary to add a new position to the Special Salary Schedule during the school year, written notice of the position and the proposed salary shall first be provided to the President of Dodge City NEA. If no written objection is received from the President of Dodge City NEA within ten (10) calendar days, the position and salary shall be deemed approved and shall immediately become a part of the Special Salary Schedule. If written objection from the President of Dodge City NEA is received by the Superintendent of Schools within ten (10) calendar days, the position and salary will not be implemented until approved by Dodge City NEA.

All special salaries are calculated using the Special Salaries Base Salary of $36,700.00.

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Exhibit C – Special Salary Schedule Dodge City High School Athletics and Activities

Football

Basketball Track – Men’s & Women’s1 Head

24%

Head 24% Head (M & W1) 17%

Head Assistant 14% Head Assistant

14% Head Assistant 10% Varsity Assistant 12% Varsity Assistant 12% Assistant 7% Head Freshman 12% Freshman 10%

Freshman Assistant 10% Baseball Wrestling Head

17% Volleyball Head 17% Head Assistant 10%

Head

17% Head Assistant 10% Assistant 8% Head Assistant 10% Assistant 8% Freshman 7%

Assistant 8% Bowling Softball

Soccer Head 10% Head 17% Head Varsity 17% Assistant 7% Head Assistant 10%

Assistant 10% Assistant 8% Cross Country

Tennis Head 10% Swimming – Men’s and Women’s Head 10% Assistant 5% Head 10%

Assistant 7% Assistant 7% Cheerleading

Golf Head 15% Intramurals Head 10% Assistant 9% Sponsor A

Assistant 7% Drill Team

Athletic Trainer (Nat’l./EMT Cert.) Sponsor 7% Fall 20%

Winter 20% Flag Corp Spring 10% Sponsor 3%

Assistant B

Strength and Conditioning Fall 3%

Winter 4% Spring 3%

Summer (may be split) 15%

1Originally 2 positions @ 17% ea. Combined to be 1 Head @ 17% plus 1 Asst @ 7% = 24%

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Exhibit C – Special Salary Schedule Dodge City High School Athletics and Activities

Debate

Set Construction & Repair High Q Head

7%

Sponsor 4% Sponsor 7%

Head Assistant 2%

National Honor Society Yearbook Floorshow Director Sponsor 2% Sponsor 10%

Head 4% Assistant 2% Newspaper Senior Class

Sponsor 10% Sponsor 2% Speech

Head 7% Student Council Vocal Music (Choirs) Assistant 2% Sponsor 6% Sponsor 10%

Junior Class FCCLA Dramatics (2 plays @ 4% ea.)

Sponsor 3% Sponsor 4% Sponsor 8%

FFA KAYS Musical Sponsor 3% Sponsor 2.5% Sponsor 4%

SKILLS USA HIGH SCHOOL Sponsor 4% Dept. Chairs F

Study Hall B Supervision* A (*before, during, after school, incl. lunch)

Extra Teaching Duty G

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Exhibit C – Special Salary Schedule Middle School Athletics and Activities

Exhibit C - Special Salary Schedule Elementary

ELEMENTARY Intramurals A Playground A Lunchroom A

Football Basketball Track Head

10% Head 7% Head 8% Head Assistant 8% Assistant 5% Assistant 4%

Assistant 6% Soccer Wrestling

Volleyball Head 8% Head 8% Head 7% Assistant 6% Assistant 6%

Assistant 4% Quiz Bowl Drill Team

Cross Country Sponsor 4% Head 10% Head 6% Assistant 3%

Assistant 4% Student Council Sponsor 3% Intramurals

Cheerleading (Pep Club, Spirit Squad) Sponsor A Sponsor (may be split) 10% Junior Nat’l. Honor Society

Sponsor 2%

MIDDLE SCHOOL Academic Team Leader F Extra Teaching Duty G

Study Hall B Supervision* A Saturday School B (*before, during, after school, incl. lunch, bus duty, noon gym duty, parking lot duty, etc.)

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Exhibit C - Special Salary Schedule Dodge City USD 443 District-Wide Positions Band Guidance*

Director of Bands 24% Guidance Coordinator, incl.: 24% HS Instructor/MS Director

13% K-12 Counselor Duties (+ 10 days) 8%

HS Instructor/MS Instructor 9% Coordinator Responsibilities 8%

MS Instructor 4% Coordinator Additional Days (+ 10 days) 8%

K-12 Counselor (+10 days) 8% Orchestra Guidance Counselor Additional Days E.1 Head Orchestra Director 11% Asst. Orchestra Director 9% Teacher Mentor Program Vocal Music Teacher Mentor Facilitator 4% HS Vocal Music Director 10% Teacher Mentor 2% MS Vocal Music Instructor1 4% Elem. Vocal Music Instructor2 2% Professional Learning Communities Facilitator 4% 1 Limited to six (6) programs/special events

2 Limited to six (6) programs per year, with no more than three (3) grades at a time

% refers to the percent of the Special Salaries base Salary

E.1 refers to the District Special Salaries information categories * Calculated based on Placement Roster salary amount

Special Salaries Table Summer School Instructor C Activity Supervision (certified staff) A Lunchroom/Playground Supervision A Homebound Instruction E.2 Additional Contract Days (except as

otherwise specified for Guidance Department) E.2

Class Cover (as defined) H

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Special Salary Information Dodge City Public Schools (All duties described below are supplemental to the actual and implied contracted duties of licensed staff.) A. Student or Activities Supervision

Hourly rate based upon the Paraprofessional II Classified Staff Salary Schedule hourly amount (Range 10A), when certified staff are employed for these duties,

Includes, but is not limited to: hallway, gymnasium, bus, crosswalk, parking lot, and/or door duty before/after/during school, cafeteria/playground supervision, coaching intramural programs.

B. Student Support

Hourly rate based on the Tier 1 Substitute Teacher daily rate or $15.58 per hour, whichever is greater. (Example: Tier 1 Substitute Teacher Rate, divided by the number of hours in the official school day.)

Includes, but is not limited to: supervision of in-school suspension classrooms; before/after school detention, homework help, or “time-out” classrooms; “Saturday School” for discipline, homework, etc.

C. Direct Instruction Hourly, based on Special Salaries Base Salary amount*. (Example: Special Salaries Base Salary divided by the number of hours in the official school day.)

Includes, but is not limited to: Summer School classes, after/before school academic enrichment or remedial classes. (*Minimum enrollment required, or paid at Student Support rate)

D. Teacher on Special Assignment Based on teacher’s Negotiated Agreement salary, including the teacher’s daily rate for additional days beyond the teacher contract.

Includes, but is not limited to: instructional coaches; administrative internships; and long-term, interim, or emergency assignments outside the classroom. (See Article 13: Transfers and Reassignment)

E. Additional Days Level 1: Based on teacher’s daily/hourly rate from the Negotiated Agreement salary.

Includes, but is not limited to additional days beyond the usual and customary teacher contract, when the teacher will be performing substantially the same responsibilities and/or duties as performed during the regular teaching contract, and/or working with substantially the same number of students.

Level 2: Based on the Special Salaries Base Salary daily/hourly rate from the Negotiated Agreement. Includes, but is not limited to additional days beyond the usual and customary teacher contract, when the teacher will be performing substantially different or substantially fewer responsibilities and/or duties as performed during the regular teaching contract, working with substantially fewer numbers of students, and/or on district-initiated special projects.

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Level 3: Based on the Tier 1 daily/hourly substitute teacher rate.

Includes, but is not limited to additional days beyond the usual and customary teacher contract, when the teacher will be working on district-approved, district-wide curriculum and/or instructional committees, and/or district-wide instructional/program initiatives.

F. Department Chair (HS) or Team Leader (MS) The following high school departments shall be recognized with regard to extra duty payments for the designated department chairperson; Agriculture, Art, Business, English as a Second Language, Family & Consumer Science, Foreign Language, Industrial Arts, Math, Music, Physical Education, Social Studies, and Special Education.

Extra duty payments shall be made to the designated chairperson of each department (HS) or team (MS) according to the size of the department or team, based on the following: Less than 3 teachers (no payment), 3-5 teachers (5%), 6-9 teachers (7.5%), 10 or more teachers (10%) of the Special Salaries Base Salary.

Includes, but is not limited to: responsibilities for departmental/team leadership, coordination, budgeting, etc. G. Extra Teaching Duty

Prorated per class in relation to amount of additional class time compared to the regular student day and/or the number of classes approved in the designated building schedule.

Includes, but is not limited to: Accepting an assignment to regularly teach during one’s scheduled planning period, or in a regularly-scheduled before or after school class, when that assignment will result in an additional class load beyond that which is usual and customary.

H. Class Cover

Hourly, based on the Tier 1 substitute teacher rate of pay.

Includes, but is not limited to: Any licensed/certified employee assigned by the building principal to cover another certified employee’s class will receive a supplemental payment if such assignment will receive a supplemental payment if such assignment extends for at least one (1) hour of the school day. The amount of such supplemental payment shall be at an hourly rate of a Tier 1 substitute for each hour of dual coverage time. (The certified employee should identify the service as Class Cover; list the regular certified employee’s name, and show the date and time served on an AR5-2 Request for Payment for Extra Duty. The form should be submitted through the respective principal to the payroll office.)

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Exhibit D - National Board Certification Incentive

The parties mutually recognize that programs to achieve national certification or licensure are an important professional step for any member of the bargaining unit. The parties recognize that the National Board for Professional Teaching Standards (NBPTS) is an organization whose mission is to advance the quality of teaching and learning by: maintaining high and rigorous standards for what accomplished teachers should know and be able to do; providing a national voluntary system certifying teachers who meet these standards, and advocating related education reforms to integrate National Board Certification in American education. Therefore, the parties agree that to the following incentive program for those members of the bargaining unit who achieve National Board Certification. The District will pay an additional one thousand dollars ($1,000.00) per year to each certified employee in the District’s bargaining unit, who is granted or attains National Board Certification through the NBPTS program, for each year that certified employee remains so certified. In addition, the District will “pass through” any monies received from the State of Kansas for National Board Certification to the individual certified employee whose certification created the state funded payment. In addition, the District will reimburse, for each certified employee within the District who so desires to seek such certification, the initial or first time application fee, not to exceed five hundred dollars ($500.00), for each certified employee seeking such certification. The certified employee must file a notice of application for national board certification with the District. Notice forms may be obtained at the District’s Human Resource’s Office. The certified employee must provide adequate documentation of payment of application fees for reimbursement under this program.

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Exhibit E – Bright Beginnings

Additional Contract Days for Bright Beginnings: Additional contract days worked beyond the one hundred eighty (180) day contract, if any, for Bright Beginnings certified staff members serving in the same position and performing substantially the same functions, shall be compensated at a daily rate calculated based upon the certified staff member’s current salary reflected on the Placement Roster.

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Exhibit F – ESL Stipend (Note: This agreement ended with the close of the 2014-2015 school year.) The parties to this Agreement mutually recognize the value, to the District and its students, of the certified employees pursuing and obtaining an ESL Endorsement on their professional licenses. Therefore, the parties agree to the following incentive program for the 2012-2013, 2013-2014 and 2014-2015 school years.

1. Current certified employees who have an ESL Endorsement on their teaching license on or before September 20, 2012, will receive an additional One Thousand dollar ($1,000.00) non-cumulative one-time lump-sum payment in addition to their salary amount during the 2012-2013 school year. Said payment to be made within ninety (90) days of September 20, 2012.

2. Current certified employees who are on an approved plan to obtain an ESL Endorsement, or have an ESL Endorsement on their teaching license, on or before September 20, 2012 will receive a One Hundred dollar ($100) non-cumulative lump-sum payment above their salary amount in the 2012-2013 school year. Said payment to be made within ninety (90) days of September 20, 2012.



Certified employees who obtain an ESL Endorsement on their teaching license between September 21, 2012 and March 1, 2015, will receive an additional One Thousand dollar ($1,000.00) non-cumulative one-time lump-sum payment in addition to their salary amount in the year that the Endorsement is included on their license. Said payment is to be made within ninety (90) days of the date that the certified employee provides the District written documentation that the Endorsement is included on certified employee’s license.

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Article No. 6 - IRS SECTION 125 - CAFETERIA BENEFIT PLAN The Board of Education shall participate in the Internal Revenue Service 125 Cafeteria Benefit Plan. Programs available under the plan shall include: (1) health insurance, (2) short term disability insurance, (3) group term life insurance, (4) dependent care services, and (5) medical reimbursement. The plan shall comply with all provisions and rules of the Internal Revenue Service. The insurance benefits will be provided by companies selected by Dodge City NEA, after consultation with representatives of all employment areas within the District, and approved by the Board of Education. These plans are open for review in the business office. The agency to administer dependent care and medical reimbursement will be selected solely by the Board of Education and any administrative fees for such services shall be paid by the Board of Education. To calculate the 125 Plan participation, the salary and benefits for each certified employee is totaled for a gross amount and reduced by the cost of the above benefits selected by the certified employee, if any. Taxes are calculated on the certified employee's gross salary after the deduction for the costs of benefits selected resulting in a tax benefit for the certified employee. Enrollment in the salary reduction program shall be completed no later than September 4; provided, that once the certified employee has so enrolled in the salary reduction program, the certified employee shall not have the option of changing coverage within the program for one (1) calendar year, except in accordance with the terms and conditions as set forth in Section 125; provided, further, that as to certified employees new to the District, who are employed following the date of initial enrollment, such certified employees shall have the number of days as established by the company policy from the date of employment in which to enroll in the salary reduction program. The Board of Education shall provide each certified employee a description of the benefit coverage provided herein at least fifteen (15) days prior to the enrollment deadline, subject, however, to compliance with IRS guidelines. Nothing contained herein shall restrict the certified employee’s choice to select these benefits outside of the 125 Plan (post tax), except as provided by law.

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Article No. 6A - FRINGE BENEFITS TAX-SHELTERED ANNUITIES Certified employee may request in writing a separate salary reduction agreement for the purpose of contributing to a tax-sheltered annuity provided by a District approved company. The Board of Education shall allow its certified employees to adjust their contributions by giving proper written notice to the Board of Education. The Board of Education shall transmit tax-sheltered annuity funds on behalf of its certified employees so requesting pursuant to K.S.A. 72-8603. Certified employees may choose from District approved companies providing tax-sheltered annuity plans at the time of the request. A list of District approved companies will be provided upon request.

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Article No. 7 - STAFF DEVELOPMENT PROGRAMS The staff development programs of the District shall be operated within inservice guidelines issued by the Kansas State Department of Education. Inservice is defined as training, development, and evaluation activities undertaken by certified employees for the purposes of improving instruction, increasing student achievement and enhancing general job skills. Inservice training and related activities may occur both within and outside of the contracted day for certified employees. Professional growth on the job is both an organizational and individual responsibility. On contract days which are set aside for inservice on the school calendar, a variety of staff development training opportunities, either mandatory or optional, will be planned by either groups or individuals at the District, building, department, team, grade, committee or personal level. In order for such variety to occur, scheduled inservice days must allow for flexibility to enable various groups and individuals within the district to attend both mandatory and optional training sessions as well as other job related activities. District and building leadership, including professional learning communities, shall have the responsibility for planning inservice training in either half day or full daytime periods, or during late-starts or early dismissals to the students’ regular instructional day. Professional learning communities are teachers working together for the improvement of student learning. While in professional learning communities, teachers engage in inquiry, action research, data analysis, planning, implementation, reflection, and evaluation of data, as well as professional learning arising from these activities.

Generally such activities will be designated as mandatory for specific certified employees. During optional or non-mandatory training time, certified employees may have discretion in regard to attending District provided inservice training or working on other job related responsibilities. Such flexibility is necessary to focus inservice training for more specific or advanced needs in smaller groups rather than in large general session formats. As options are allowed and individuals have more responsibility in regard to staff development goals, certified employees will be expected to accomplish annual minimum requirements through either mandatory or optional inservice work.

All certified employees will be expected to obtain a minimum of twenty (20) inservice points per year. This may be accomplished through inservice planned and directed by either a group or an individual. Training may occur either inside or outside of the certified employee contract day. Failure to accomplish the minimal inservice standard shall result in a written report to the administrative supervisor.

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Article No. 8 - PLANNING PERIOD Each full-time elementary and pre-school certified employee will have at least an average of fifty (50) minutes per day, within the limits of the students' school day, and in addition to the certified employee’s lunch period, for the purpose of daily planning and preparation. No portion of such daily planning period shall be less than twenty (20) minutes.

Each full-time middle school certified employee will have one (1) class period for individual planning and preparation time and one (1) common class period for team planning in accordance with the middle school concept.

Each full-time high school certified employee will have one (1) class period for individual planning and preparation.

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Article No. 8A - TEACHING ASSIGNMENT DURING PLANNING PERIOD Any certified employee may be asked by the Administration to teach an additional class during the certified employee’s planning period when circumstances arise which require additional class instruction due to the inability of the District to fill such position with an additional full-time or part-time instructor or the unexpected absence of the regularly assigned certified employee due to extended illness or other unanticipated circumstances.

Certified employee participation in teaching such classes during their planning time shall be strictly voluntary, and no retribution shall be taken against or negative evaluation made of any certified employee who chooses not to accept the voluntary assignment.

Because such additional assignments are voluntary, any certified employee (or Dodge City NEA on their behalf) against whom retribution is taken or a negative evaluation given as a result only of the certified employee’s decision not to accept the voluntary assignment, may file a formal grievance pursuant to the negotiated grievance procedure. If the grievance is successful, the grievance hearing office may, among any other relief he/she believes appropriate, order the removal of any negative statement from the certified employee’s evaluation resulting from the certified employee’s failure to accept such voluntary assignment.

Certified employees while performing such voluntary assignment will be paid their daily rate prorated per class in relation to amount of time compared to the regular student day and/or the number of classes approved in the designated building schedule for this additional assignment. Any such voluntary assignment may be terminated at any time at the sole discretion of the Administration. The termination of such assignment or the failure of the Administration to offer such assignment shall not be the subject of a grievance by any certified employee (or Dodge City NEA on their behalf).

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Article No. 9 – CERTIFIED EMPLOYEE INSTRUCTIONAL DAY Beginning with the 2013-2014 school year, the certified employee instructional day in all attendance centers shall consist of six (6) hours and forty (40) minutes of student contact time, including certified employee planning time.

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Article No. 10 – CERTIFIED EMPLOYEE WORK DAYS Beginning with the 2006-07 school year, at the end of each nine week grading period, certified employees will be provided with a student free contract work day to be used for grading, planning and other work in their classrooms. During such work days at the end of the first, second and third nine week period the District may use up to two (2) hours of the contract student day for grade level/department meetings or other staff development/inservice meetings directly related to:

• the District’s comprehensive plan, • each building’s school improvement plan, • accreditation plan, or • other staff development directives from the Kansas State Department of Education.

During the work day at the end of the fourth nine week period the District may use up to thirty (30) minutes of the contract day for faculty meetings.

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Article No. 11 - PROCEDURE FOR TERMINATION AND NON-RENEWAL OF EMPLOYMENT OF CERTIFIED EMPLOYEES PURPOSE: A written and well-understood procedure for dismissal of certified employees is an important part of good personnel practices in any school system. The purpose of this procedure is to assure fair dismissal procedure while at the same time providing a systematic procedure for release of certified employees who are not providing the high standard of service expected by the District and the community.

PROBATIONARY CERTIFIED EMPLOYEES: For the first three (3) years of professional employment with the District, certified employees are considered probationary and may be non-renewed prior to the statutory deadline for any reason except as protected by Constitutional or other non-discrimination protections.

NON-PROBATIONARY CERTIFIED EMPLOYEES: Non-probationary certified employees may be non-renewed for good cause. Good cause is defined by the parties to be any reason stated by the administration and/or Board of Education in good faith and which is not arbitrary or unrelated to the Board of Education’s responsibility of establishing and maintaining an efficient school system. NOTICE OF TERMINATION OR NON-RENEWAL: In all cases of termination or non-renewal, written notice of the proposed termination or non-renewal shall be served upon the certified employee to be terminated by the Superintendent of Schools, or his/her designated representative, which notice shall:

(1) State with reasonable specificity, the reasons for the proposed termination or non-renewal; and,

(2) Advise the certified employee of his/her rights under this procedure.

In all cases of non-renewal, the certified employee shall be notified prior to the statutory continuing contract date. PERSONAL CONFERENCE: Within five (5) days following receipt of a notice of proposed termination or non-renewal as above provided, the certified employee shall, if he/she desires to proceed under this procedure, make a written request for a personal conference with the Superintendent of Schools, or his/her designated representative. Such conference will be held no later than five (5) days following receipt of such request by the Superintendent of Schools. The certified employee may have a representative present in the meeting with the Superintendent of Schools.

ELECTION TO PROCEED UNDER AGREEMENT AND REQUEST FOR HEARING: Within five (5) days following such personal conference, a non-probationary certified employee, if he/she desires to follow the procedures established by this agreement, shall serve a written notice upon the Superintendent of Schools, requesting a hearing.

HEARING: Upon receipt by the Superintendent of Schools of the written request for hearing, the Board of Education shall initiate a hearing at which a hearing officer will preside. The hearing officer will review the

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proposed termination or non-renewal of the non-probationary certified employee. The parties will select a mutually agreeable hearing officer within ten (10) business days of the service of the request for hearing. If there is no agreement within that time period, the parties will utilize the list of hearing officers maintained by the Kansas Department of Education to alternately strike names until only one name remains. The Board of Education will strike the first name and the selection will be completed no later than ten (10) days following the receipt of the list by the parties, unless the time is extended by agreement of the parties.

(1) Time of Hearing: Said hearing shall be conducted no sooner than ten (10) calendar days nor more than forty-five (45) calendar days from the selection of the hearing officer, unless by mutual agreement.

(2) Right to Counsel: The non-probationary certified employee and the Board of Education shall both have the right to be represented by legal counsel or other representatives at the hearing.

(3) Witnesses and Evidence: The non-probationary certified employee and the Board of Education shall have the right to present and question witnesses, and either party may introduce the past and/or current evaluations and other documentary evidence at the hearing.

DECISION BY THE HEARING OFFICER: The Hearing Officer shall make a decision upon the proposed termination or non-renewal within fourteen (14) days following the hearing. The decision shall be based upon the evidence produced at the hearing. The decision of the hearing officer will be provided to the Board of Education and the non-probationary certified employee.

REMEDIES: The Hearing Officer, in reaching a decision upon the proposed termination or non-renewal, may employ any of the following remedies:

(1) Termination or non-renewal of the certified employee in accordance with the notice of proposed termination or non-renewal; or

(2) Continuation of employment.

ACTION BY THE BOARD: The Board of Education will consider the decision of the hearing officer to be a recommendation that the Board of Education may adopt in its entirety, may reject in part and adopt in part, or may reject in its entirety as the Board of Education may see fit in its own discretion.

REVIEW: The decision of the Board of Education will be appealable to the District Court pursuant to the provisions of K.S.A. 60-2101(d).

COSTS: The costs of the hearing officer will be shared equally by the non-probationary certified employee and the Board of Education.

WAIVER OF PROCEDURE: Should the non-probationary certified employee fail to proceed with any of the steps set forth herein within the time limits allowed, such failure shall be deemed a waiver of this procedure,

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and the termination or non-renewal shall become effective and final on the date stated in the Notice of Termination or Non-Renewal.

IMMEDIATE SUSPENSION UPON WRITTEN TERMINATION: If, in the opinion of the Superintendent of Schools, or his/her designated representative, the circumstances surrounding a proposed termination of any certified employee requires the immediate suspension of that certified employee, the notice of the proposed termination shall so state and the certified employee shall be, upon receipt of said notice, immediately removed from the classroom or other position of employment until such time as the Board of Education, by its action, might reinstate the certified employee.

If, in the opinion of the Superintendent of Schools, or his/her designated representative, the circumstances surrounding a proposed termination of any certified employee are not such as to require immediate suspension as provided above, then the certified employee shall remain on the job until the effective date of the termination as set forth in the notice of proposed termination.

VOLUNTARY TERMINATION OR WITHDRAWAL OF TERMINATION: At any time during the procedure as outlined above, the certified employee may tender his/her voluntary resignation to the Superintendent of Schools, which shall terminate any further proceedings under this procedure.

At any time during the proceedings as outlined above, the Superintendent of Schools may withdraw the Notice of Termination or Non-Renewal by giving written notice of such to the certified employee involved, which notice shall terminate any further proceedings under this procedure. Upon notice of withdrawal of the Notice of Termination or Non-Renewal, the certified employee involved shall be reinstated to all rights and privileges of his/her position of employment as if no Notice of Termination or Non-Renewal had been served; provided, however, such reinstatement may be subject to conditions mutually agreed upon by the certified employee and Superintendent of Schools.

Nothing contained herein, however, shall prohibit the Superintendent of Schools from appropriate disciplinary action in the cases where the circumstances so require.

NON-DISCRIMINATION CLAUSE: The Board of Education will not discriminate against any certified employee in the area of contract termination or non-renewal on the basis of race, religion, color, sex, physical handicap, national origin, or ancestry.

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Article No. 12 - TERMINATIONS RESULTING FROM REDUCTION IN FORCE The employment of any certified employee may be terminated when the Board of Education, in its sole discretion, determines that because of:

1. Any significant decline in the Board of Education's financial reserves which is brought about by decline in enrollment or by other action or events that compels a reduction in the District's current operating budget, or

2. A program change has been or should be made involving the elimination, curtailment, or reorganization of a curriculum offering, program, or school operation;

the Board of Education's contractual obligations to one or more of its current certified employee staff cannot be continued.

In the event of such a determination, the Board of Education shall make every effort to avoid a reduction of certified employee staff by reassignment of certified employees and/or normal attrition. If, however, despite such efforts it is still necessary, in the sole discretion of the Board of Education, to reduce certified employee staff, the Superintendent of Schools shall prepare and present to the Board of Education his/her proposal for certified employee staff reduction including the specific certified employee(s) to be terminated.

In making such recommendations, the Superintendent of Schools shall give consideration to the maintenance of a sound and balanced educational program that is consistent with the responsibilities and functions of the District. With respect to specifically which certified employees will be reduced, the Superintendent of Schools shall give consideration to factors which shall include, but not necessarily be limited to, the following: length of service in the District, educational degrees and training, past and current evaluations, and recommendations of building principals and administrative staff.

The Board of Education, after giving consideration to the Superintendent of School's recommendations, shall make its determination and shall notify the affected certified employee(s) in writing and in accordance with state law where so required; provided, however, that any certified employee's contract being terminated under this procedure shall continue in full force and effect for not less than thirty (30) days after receipt by the certified employee of the Board of Education's notification of the termination of contract.

RE-EMPLOYMENT RIGHTS OF CERTIFIED EMPLOYEES TERMINATED AS A RESULT OF REDUCTION IN FORCE

Any certified employee who has been terminated as a result of the foregoing procedure shall no longer be considered an employee of the District and shall have no employee rights or benefits.

The District shall maintain for a period of two (2) years on a recall list the name or names of any certified employee(s) terminated in accordance with the foregoing procedure. It shall be the responsibility of the

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terminated certified employee to advise the District of the certified employee's current address and any changes in teaching qualifications.

If a vacancy occurs within the District during the period while any certified employee(s) remains on the recall list, whose present teaching certificate qualifies the certified employee(s) for such vacancy, the Superintendent of Schools shall notify such certified employee(s) of the vacancy by mailing notice thereof to the last address which the certified employee has furnished to the District office. The certified employee(s) so notified and desiring to do so shall submit an application for the position within ten (10) days of the date said notice is mailed. If only one (1) certified employee applies for the vacancy, the position shall be offered to that certified employee, assuming that said certified employee is properly certificated and qualifies physically for the position. If more than one (1) certified employee from the recall list applies for the position, the Superintendent of Schools shall consult with the President of Dodge City NEA seeking advice concerning the selection from the applications received. The Superintendent of Schools shall then make a selection for the position from the recall applications received. Any certified employee applying but not selected for the position shall retain recall rights during the remainder of the certified employee's original recall period.

If any certified employee named on the list waives recall rights in writing, fails to accept a recall to a position for which the certified employee has been selected, or fails to report to duty in the accepted position, the name of such certified employee shall be removed from the recall list and such certified employee shall have no further re-employment rights.

Any certified employee who is recalled under the foregoing provisions shall regain all employment benefits to which he/she was entitled at the time of termination. However, no benefits may be accrued during the period of unemployment and the certified employee shall be subject to all changes in employment conditions which have been made in the interim.

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Article No. 13 - TRANSFER AND REASSIGNMENT OF CERTIFIED EMPLOYEES Purpose: It is recognized that the transfer and reassignment of certified staff within the District is an administrative responsibility of the Superintendent of Schools. In making such transfers and reassignments, the Superintendent of Schools shall attempt to insure the highest quality of instruction for the students in each situation. In an effort to obtain this goal, the following procedure is adopted concerning the transfer and reassignment of certified employees within the District.

TRANSFER OF CERTIFIED EMPLOYEES WITHIN DISTRICT DURING THE SCHOOL YEAR: Although it is recognized that transfers and reassignments of certified employees should be avoided during the school year, if, in the opinion of the Superintendent of Schools, circumstances existing require the transfer or reassignment of a certified employee from his/her original assignment during the school year, the following guidelines shall be applied:

(1) A personal conference shall be held by the Superintendent of Schools or his/her designated representative with the certified employee to be transferred. At such time, the views of the certified employee involved shall be taken into consideration.

(2) Formal notice of the transfer or reassignment shall be given to the certified employee in writing at least five (5) school days, if possible, prior to the actual transfer or reassignment.

(3) Notice of the transfer or reassignment shall also be given to the principals involved.

TRANSFERS OR REASSIGNMENTS OF CERTIFIED EMPLOYEES WITHIN THE DISTRICT AT THE END OF THE SCHOOL YEAR: If, in the opinion of the Superintendent of Schools, circumstances existing require the transfer or reassignment of a certified employee from his/her present assignment to become effective at the beginning of the next school year, the above guidelines shall be followed; provided, that where possible, notice of the transfer or reassignment shall be given to the certified employee before May 15 of each year. Certified employees shall, unless unusual and justified circumstances exist, be fully certified for all classes they are assigned to teach and at the grade level which they are assigned to teach. Each certified employee shall be given notice of his/her class or subject assignments at the earliest possible date so that he/she may be adequately prepared.

In the event the certified employee is first notified of a transfer or reassignment for the coming school year after May 15 of the current year, the certified employee may submit a written resignation within ten (10) working days of receipt of such notice, said resignation to be effective at the end of the current school year. In the event of such resignation, no action will be taken by the Board of Education to revoke the certified employee's certificate by virtue of such late resignation and the certified employee will be released from contract for the coming school year.

NOTIFICATION OF VACANCIES WITHIN THE DISTRICT: In order that certified employees within the District will be advised of vacancies occurring within the District, the Superintendent of Schools shall electronically post a list of all known certified position vacancies occurring within the District for the forthcoming school year. Said

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list shall first be posted on or about March 15 and updated approximately every two (2) weeks thereafter. Vacancies shall be listed for at least five (5) school days before being filled.

Certified employees within the District wishing to make application for any such vacancy shall file their written request with the Superintendent of Schools. Such request from certified employees within the District shall be considered by the Superintendent of Schools along with other applications for the position and a selection made which will attempt to insure the highest quality of instruction for the students in each given situation.

REQUESTS FOR TRANSFER OR REASSIGNMENT BY CERTIFIED EMPLOYEES WITHIN THE DISTRICT: Nothing contained herein shall prohibit any certified employee from requesting any transfer or reassignment within the District.

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Article No. 13A – CERTIFIED EMPLOYEE RELOCATION In the event a classroom certified employee is required to transfer to a different attendance center within the District, the building principal will provide one (1) contract day without students and other contract duties in order to prepare for the relocation, or the certified employee will be paid an amount equal to the current one (1) day substitute rate for time beyond the certified employee's current contract to prepare for the relocation. The amount of the substitute pay will be prorated according to the FTE of the certified employee's current contract day.

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Article No. 14 - COMPENSATION FOR LUNCHROOM AND PLAYGROUND DUTIES DURING THE LUNCH PERIOD The principal of each attendance center within the District shall attempt to employ a paraprofessional person or persons for lunchroom and playground supervision, thereby providing each certified employee with a lunch period, equal in duration to the lunch period of the certified employee's students, free of assigned responsibilities. However, these duties may be first given to desiring certified employees with mutual consent between them and the building principal. In the event a paraprofessional person or persons, acceptable to the principal, cannot be secured within the budget established by the Board of Education for such positions, or if the employment of such paraprofessional person or persons is terminated for any reason during the school year and not replaced by another acceptable paraprofessional person or persons, then the principal shall select from one or more certified employees for the supervision of the school lunchroom and/or one or more certified employees for supervision of the playground during the lunch period. In the event no certified employee from the building shall apply for such position, then the building principal shall assign one or more of the certified employees for such duties. Each certified employee so selected or assigned for lunchroom supervision or playground supervision shall receive per school year the hourly amount set forth in the Special Salary Schedule for each lunch period and/or playground period so assigned.

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Article No. 15 - REIMBURSEMENT OF CERTIFICATION OF HEALTH COSTS Commencing with the 1986-87 contract year, the costs incurred by a certified employee in complying with the requirements of the certification of health provisions of K.S.A. 72-5213 (1980 Supp.) or Board of Education policies or regulations adopted in accordance therewith, shall be reimbursed to the certified employee to the extent provided below, and subject to the following conditions.

Upon presentation to the Superintendent of Schools, or his/her designated representative, of:

1. A properly executed certification of health form, evidencing no physical condition that would conflict with the health, safety or welfare of the pupils, and evidencing freedom from tuberculosis as established by chest X-ray or negative tuberculin skin tests; and

2. Proof of payment by the certified employee of the costs incurred in obtaining said certification of health, which costs are not covered by or reimbursable by insurance;

said certified employee shall be entitled to reimbursement from the District in the sum of Fifty-three Dollars ($53.00), or the actual costs incurred, whichever amount is less. This agreement shall apply only to those certified employees actually under contract with the District at the time the costs involved are incurred.

This agreement does not apply to initial employment health certification.

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Article No. 16 - TUITION ASSISTANCE The Board of Education shall provide tuition assistance for certain college credit classes subject to the following categories and general conditions:

1. Recertification or Licensure Renewal Requirements

The Board of Education will pay one-half (1/2) of an hourly tuition reimbursement allowance for classes required to renew a teaching certificate or license subject to the following conditions of eligibility:

A. The one-half (1/2) payment shall be limited to a maximum of eight (8) college hours at the Bachelor Degree level and six (6) college hours at the Master Degree level and above.

B. The certified employee must have completed at least five (5) years of contracted teaching experience either in the District or other accredited school system and be under a teaching contract with the District at the time the credit was earned and at the time reimbursement is to be made. Continuous employment is understood to be inclusive of the periods of adoption, maternity, and other approved extended leaves of less than one (1) school year as set forth in the leave policy.

C. Classes must be appropriate for any endorsement areas on the certificate of license, for a new endorsement area, or for professional development as approved by a District level administrator.

2. ESL Endorsement Requirements

The Board of Education will provide tuition assistance for classes required to complete an English as a Second Language (ESL) certificate or license endorsement. Such assistance will be either a payment directly to a university with which the District has an approved tuition payment agreement or a reimbursement for tuition charges if an individual made their own tuition payments.

If a certified employee requests the District to pay for tuition expenses, the certified employee is expected to sign an agreement specifying the terms required for program participation. Such agreement for an ESL endorsement shall include being under contract or letter of acceptance with the District at the time of enrollment, being required to pass any class taken to fulfill the requirements for the endorsement at a grade of “C” or better, and having the endorsement added to the teacher certificate/license upon completion of requirements. Failure to complete or pass the class at a satisfactory performance level will result in recovery of expenses paid by the District for the courses affected. Reimbursement to the District may be paid in a lump sum by the certified employee or by payroll deductions as specified by the certified employee. If a refund is made by the university, the certified employee would only be required to reimburse the

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District for the remaining balance of what the District had paid on behalf of the certified employee.

Reimbursement may include distance learning or media fees included with tuition expenses but does not provide for books, travel, campus fees, or other assessments made by the university. For tuition reimbursement to individuals, the following conditions of eligibility shall apply:

A. The certified employee must be under contract or must have signed a letter of acceptance with the District at the time of completion of the credit hours.

B. Reimbursement to an individual for the final course taken to satisfy endorsement requirements shall not be made until the endorsement has been added to the teaching certificate or license. In the event a final request for reimbursement includes tuition for more than one (1) course, tuition for all but the last class may be reimbursed prior to receiving the ESL endorsement on the certificate or license.

C. Reimbursement of tuition expenses shall not be made for courses taken as partial fulfillment of requirements for a Bachelor Degree, an initial teaching certificate, or other regulations governing initial teaching status in Kansas.

3. General Terms and Conditions for Paragraphs 1 and 2 above

A. Tuition reimbursement shall not exceed the hourly tuition rate and applicable distance learning or media fees charged for the course during the respective semester at Fort Hays State University or the amount actually paid by the certified employee, whichever is less. Higher tuition expenses charged by other state or private institutions as well as institutional fees, textbook costs, and other miscellaneous expenses shall be paid by the certified employee (unless an agreement has been approved as explained in Part 4.).

B. For tuition reimbursements, the employee must submit a request form for tuition reimbursement through the Human Resources Office along with proof of completion of the applicable credit hours and proof of personal payment of the tuition expenses necessary to obtain such credit hours. Installment payments must have receipts or other documentation for each payment. No payment will be made if the tuition expenses were either paid or reimbursed by a source other than the certified employee.

C. Final reimbursements shall not be made until the requested certificate or licensure change has been approved by the Kansas State Department of Education. Class by class payments are made only in accordance to eligibility requirements for ESL classes and do not apply to classes taken for certification or licensure renewal. The certified employee must send a copy of the new certificate or license to the Human Resources Office whenever a change occurs.

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D. Grade sheets will be accepted as proof of class completion for reimbursement purposes only. Official college or university transcripts showing all official credits are needed prior to the first Friday in September when the employee is requesting a change in salary classification. Grade sheets will not substitute for an official transcript with respect to placement or movement on the Placement Roster.

E. Requests for tuition reimbursement should be sent to the Human Resources Office promptly after meeting the respective eligibility requirements. Payment will be made within sixty (60) days after eligibility has been confirmed by the Human Resources Office.

4. Additional Endorsements, Degrees or Other Approved Programs

The District desires to encourage staff members to consider professional growth in areas which would address critical staffing shortages. In order to employ certified employees in positions that are hard to fill, the District may establish program agreements with colleges and universities which would provide designated financial incentives to certified employees who would apply and be approved for participation in such programs. Participation in such a program agreement would be expected to result in an additional endorsement, degree or other program qualification in an area designated by the District administration as a critical need area within the District.

When an agreement is approved between an institution of higher education and the District to provide designated educational services leading to an approved endorsement, degree or other program qualification, a certified employee may apply for acceptance into the respective program. Acceptance of the application would provide specified financial assistance in the pursuit of the approved endorsement or degree. Assistance could include, but would be limited to, payment for tuition, fees, books, and/or other related expenses which are specifically authorized in the agreement between the institution and the district. Payment may be made to the certified employee as a reimbursement upon presentation of the appropriate receipts from the institution or to the institution directly upon receipt of an itemized statement for services and/or charges related to those specified in the agreement.

In order for a certified employee to be approved for program participation, the following criteria must be met:

A. The certified employee must apply for program participation, be recommended by a building administrator, and be approved by the Administrative Cabinet.

B. The certified employee must be under a contract or letter of agreement with the District at the time of enrollment in the required class(es).

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C. The certified employee must sign an agreement specifying the terms required for program participation.

D. The certified employee must pass any classes taken to meet program requirements and receive a grade of “C” or better (or a P in a pass/fail class).

E. The certified employee must agree to teach in the District for a minimum of one (1) year following the completion of any class(es) taken in the approved program of studies.

F. Failure to pass the class at a satisfactory performance level or to complete the following additional year of service to the District will result in recovery of expenses paid by the District for the courses affected. Reimbursement to the District may be paid in a lump sum by the certified employee or by payroll deduction as specified by the certified employee.

G. Payment of such tuition and related charges will be made by the District solely upon the availability of funds to support such an agreement. The District reserves the right to cancel or to suspend agreements with institutions and/or with certified employees at any time by providing written notice of such cancellation or suspension to the institution(s) and affected participant(s). Payments will be made for any class(es) currently in progress at the time of the cancellation or suspension. No further payments or reimbursements would be made on behalf of program participants until written notice was provided to the participant by the District that the terms of the previous agreement would be resumed due to the availability of funds or that a new agreement had been made with an institution.

Nothing contained within this article would prohibit a certified employee from pursuing endorsements or degrees at their own expense, but no payments or reimbursements will be made under a tuition assistance program without a prior agreement between the certified employee and the District and/or between the District and the respective institution as described in the appropriate section above.

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Article No. 17 - LEAVE POLICY I. TEMPORARY LEAVES

1. Chargeable Temporary Leaves.

(a) Each certified employee who is under a full-time contract for a full school year shall be granted twelve (12) temporary leave days at the beginning of each school year on the first day the certified employee reports for professional services. Temporary leave days shall be prorated for any certified employee who is contracted for less than full time or who begins his/her employment after the beginning of the school year.

(b) Unused temporary leave days shall be accumulated to a maximum of one hundred five (105) days.

(c) Temporary leave days up to the maximum of days the certified employee has accumulated may be used for the following reasons except for paragraph (iii) which shall be limited to the number of days indicated:

(i) Personal illness, injury, or incapacity, including illness or incapacity resulting from pregnancy, as well as scheduled visits to healthcare providers for well-care visits;

(ii) Illness or injury of a relative of the certified employee;

(iii) Personal business leave, subject to the limitations hereinafter set forth: 1. Certified employees in the first (1st) through fifth (5th) consecutive full years

of employment with the District shall have up to a maximum of two (2) days per contract year.

2. Certified employees in the sixth (6th) through tenth (10th) consecutive full years of employment with the District may elect to use up to one (1) of their accrued Personal/Family Illness Leave days as an additional Personal Business Leave day.

3. Certified employees in the eleventh (11th) through fifteenth (15th) consecutive full years of employment with the District may elect to use up to two (2) of their accrued Personal/Family Illness Leave days as an additional Personal Business Leave day.

4. Certified employees in the sixteenth (16th) or greater consecutive full years of employment with the District may elect to use up to three (3) of their accrued Personal/Family Illness Leave days as an additional Personal Business Leave day.

The initial two (2) chargeable Personal Leave Days must be used first. No payment will be made for additional Personal Leave days beyond the initial two

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(2) chargeable Personal Business Leave days provided to each certified employee. The use of the additional earned Personal Leave days is subject to the same limitations as established herein, and if not used for Personal Leave, will accrue to Personal/Family Illness Leave up to the maximum of one hundred five (105) days.

(d) When a certified employee is absent from his/her assignment for any of the above reasons, such absence shall be a chargeable absence and the number of days of such chargeable absence shall be subtracted from his/her accumulated temporary leave days. Absences for less than a day but more than one-half day shall be chargeable as one (1) day. Absences for one-half day or less shall be chargeable as one-half day.

(e) All absences of certified staff are to be reported through the automated calling system even if a substitute is not required. The resulting attendance reports will be generated by the automated calling system and will be sent to the business office on a monthly basis. Monthly payroll check stubs will reflect a beginning and ending balance for all chargeable leaves. Any discrepancies between payroll reports and personal records should be reconciled in the business office immediately following the monthly payroll disbursement. Absences during the month of May will be posted on the June payroll stub. No other year end verification reports will be issued to staff.

(f) Personal business leave as provided for in paragraph (c)(iii) above may be used by the certified employee subject to the conditions set forth herein to conduct personal business that can most properly be conducted during hours when school is in session.

Certified employees must file a form of notification with the building principal at least two (2) school days in advance of such a leave, except in cases of emergency in which case the building principal may waive the two (2) day advanced notification. The certified employee will not be required to give the specific reasons for needing personal business leave.

Certified employees shall not take personal business leave during the first and last week of the school year, nor immediately preceding or following a school vacation or holiday, unless such leave is approved by the building administrator and the Central Office based on extraordinary reasons or circumstances.

The building principal may deny any subsequent request for personal leave if three (3) or more such requests have already been received covering any portion of or the same period of time.

2. Nonchargeable Temporary Leaves.

(a) The following nonchargeable leaves will be granted upon request:

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(i) Legal: A certified employee shall be granted nonchargeable temporary leave for any legal proceeding if required by Court order or duly issued subpoena to attend, including jury duty; provided, however, if the certified employee’s appearance involves a claim by the certified employee against the District, the absence will be treated as a chargeable leave against the certified employee’s accumulated temporary leave days.

(ii) Funeral: A certified employee shall be granted nonchargeable temporary leave not to exceed ten (10) days per contract year to attend the funeral of a relative or close friend.

(b) Subject to the approval of the Superintendent of Schools or his/her designated representative, a certified employee may be granted temporary leave for the following purposes and subject to the conditions set forth herein. Such temporary leaves shall not be chargeable to cumulative temporary leave days, and the certified employee shall receive full pay during such absence.

(i) Professional: A certified employee may be granted temporary leave, subject to conditions to be established by the Superintendent of Schools or his/her designated representative, for the purpose of visitation to view instructional techniques or programs, attendance at conferences, workshops, or seminars.

(ii) Academic: A certified employee may be granted temporary leave not to exceed two (2) days to take academic examinations for or to receive an academic degree. In the event more than two (2) days are required and are approved, the cost of substitutes shall be deducted from the certified employee's daily rate of pay for each day of leave in excess of two (2) days.

(iii) Approved School Business: A certified employee may be granted temporary leave to conduct business for the District and/or to supervise student activities.

(iv) Elected Office: A certified employee may be granted a maximum of ten (10) days temporary leave in the event the certified employee is elected or appointed to a local, state, or national governmental office, or is elected or appointed to a state or national office in a professional educational organization, the duties of which office require periodic absences to attend statewide, regional (within or outside the state), or national meetings; provided, however, in the event the certified employee receives compensation from his/her elected or appointed office, the cost of a substitute shall be deducted from a certified employee's salary. The total amount deducted, however, shall not exceed the total amount received from

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such office. Additional days may be approved by the Superintendent of Schools, but only at full deduction of salary.

(v) Association Leave: At the beginning of each school year Dodge City NEA shall be entitled to twenty (20) days of paid leave to be used by officers, state delegates, or members of the Association's negotiating team; provided, however, that no one individual may use more than three (3) such days, except that the President may use nine (9) such days, and two members of the Association's negotiating team may use four (4) such days each. Any days in excess of the maximum number of days allowed hereunder shall be granted only with full deduction in pay. All such leave shall be requested at least five (5) school days in advance of the leave, and must be approved in advance by the President of Dodge City NEA, the building principal, and the Superintendent of Schools.

Days used by the Association's negotiating team to attend official negotiation sessions with the Board of Education's negotiating team, mediation sessions or fact-finding hearings will not be charged to Association leave, and team members will be released from classes for such purpose at no deduction in salary.

3. Other Temporary Leaves The Superintendent of Schools or his/her designated representative may authorize temporary leaves for any circumstances not expressly covered by the regulations of Article 17. Such authorization shall specify the temporary leave as chargeable or non-chargeable and may be on such conditions as are established by the Superintendent of Schools.

II. EXTENDED LEAVES

(a) A certified employee may be granted, subject to the approval of the Superintendent of Schools, an extended leave without pay for the following reasons and upon the following conditions:

(i) Maternity or Adoptive: Such leave may be granted not to extend beyond the end of the current school year. If the employee is eligible for such leave under the Family Medical Leave Act, any maternity or adoptive leave will be granted under the provisions of the District’s Family Medical Leave policy.

(ii) Exchange Teaching: A leave of absence of up to two (2) years may be granted to any certified employee for purposes of participating in exchange teaching programs in other school districts, states, territories, or countries; foreign or military teaching programs; Peace Corps, teacher corps, or job corps as a full time participant in such programs; or a cultural, travel, or work program related to his/her professional responsibilities.

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(iii) Political or Professional Office: A leave of absence not to exceed two (2) years may be granted to any certified employee for the purpose of campaigning for or serving in a public office. A leave of absence not to exceed two (2) years may be granted to any certified employee for the purpose of serving as president of Kansas NEA or as an officer of NEA.

(iv) Study Leave: A leave of absence not to exceed one (1) year may be granted to any certified employee for study related to his/her professional responsibilities or other areas of educational specialization at an academic institution. The specific plan of study must be approved in advance by the Superintendent of Schools, and the certified employee must complete the plan as approved in order to be eligible for the benefits of such leave.

(v) Military: A leave of absence shall be granted to any certified employee for purposes of service in the armed forces of the United States in accordance with current federal statutes and regulations.

(b) With the exception of maternity or adoptive leave and military leave, the certified employee, to be eligible for extended leave, must have completed at least five (5) consecutive years of satisfactory service in the District, and in all cases of extended leave shall give written intent to return to the District upon completion of the leave.

(c) The granting of extended leave shall be contingent upon finding a suitable replacement for the certified employee. In the event a suitable replacement can be found, the certified employee granted the leave will be guaranteed a position in the District upon the expiration of the extended leave.

(d) With respect to exchange teaching, study leave, and military leave, upon return to a position in the District, the certified employee will be placed at the same position on the Placement Roster as he/she would have been had he/she taught in the District during the period of such leave. In all other cases the certified employee will be placed on the Placement Roster where he/she was located at the time the leave commenced.

(e) Temporary leave days shall not accumulate during the period of the extended leave, but the balance of accumulated temporary leave will be retained.

III. EMERGENCY LEAVE BANK

Purpose: An emergency leave bank shall be established to assist certified employees who have exhausted the certified employee's accumulated chargeable temporary leave, by providing those certified employees eligible with additional temporary leave days from the bank. Emergency leave bank days may also be awarded if the certified employee has exhausted the number of days allotted for nonchargeable funeral leave.

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The Bank: At the beginning of each school year, the Board of Education will provide a total of one hundred fifty (150) days to the bank to be used as set forth herein. Unused bank days shall not accumulate from year to year.

Eligibility For Participation: In order to be eligible to participate in withdrawals from the bank, a certified employee must meet all of the following criteria:

1. In the case of extended illness or injury the certified employee must have exhausted all of his/her accumulated chargeable temporary leave days. In the case of funeral leave the certified employee must have exhausted all funeral leave days and all personal leave days.

2. Bank days may be awarded only for absence due to illness or injury suffered by the certified employee, or a relative of the certified employee and for additional funeral leave days.

3. The certified employee must submit an application for use of bank days to the Human Resources Office on a form provided by the office and must submit all additional information as requested.

Procedure: The eligible certified employee, as determined by the above criteria must file an application for use of bank days through the Human Resources Office on the form provided. The application should be filed as soon as all of the above criteria have been met, or in advance thereof, if medical evidence is available indicating a reasonable expectation that all criteria will be met. The application must be received in the Human Resources Office prior to the last contract day of the school year in which the absence occurred. An application received after such deadline will not be considered.

Upon receipt of the application, the Human Resources Director will review the application and may request additional information prior to rendering a decision on the use of bank days from the certified employee, the business office, a physician, or other source to assist in the decision making process.

Generally a doctor’s statement concerning the nature and expected duration of the illness or injury should be submitted with applications.

Information requested from the certified employee should be provided as soon as possible.

Bank days credited to any one individual may not exceed ten (10) days for any one (1) contract year, except only as provided in subparagraph (c) below.

In the event it is determined that bank days should be credited to the certified employee, the Human Resources Director shall determine the date from which such days will be credited, and such date may be retroactive to the date of the expiration of the certified employee’s chargeable temporary leave days. Certified employee attendance records, physician directives, and/or other employment documents may be used to determine how many days may be credited from the bank.

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Credit for snow days may be allowed provided that other certified employees were paid for the day and make-up was not required.

The certified employee receiving bank days shall be paid for each bank day credited a sum not to exceed seventy-five percent (75%) of the certified employee’s contracted daily rate excluding supplemental or extra duty pay. However, any daily payments from the bank may be reduced by any worker compensation and/or KPERS disability benefits that would be paid for the same day(s). Any combination of such benefits could not exceed the seventy-five (75%) daily rate factor in order to have days credited from the bank. Personal disability insurance plans taken either through District plans or private carriers shall not be applicable to the benefit combination as described previously when such premium payments are maintained by certified employee option rather than by District requirements.

The following guidelines will be taken into consideration when determining whether bank days should be credited and the number of bank days to be credited for each application; however, the Human Resources Director shall be responsible for determining the applicability and appropriateness of such guidelines and may make allowance for individual circumstances when it is appropriate to do so. Factors which may be considered in making decisions include but are not necessarily limited to the following:

a. The number of bank days available. b. The applicability of worker compensation benefits. c. With the approval of the Superintendent of Schools, the Director may, in the Director’s sole

discretion, credit additional bank days in excess of the individual ten (10) day annual maximum at the close of the contract year if such days are available from the bank.

Application of Agreement Decisions Not Grievable: It is agreed that any and all decisions relating to the use of bank days and the interpretation of this agreement shall not be the basis for any grievance. Provided, however, in the event of a denial of all or a portion of the application, the Human Resource Director shall provide the applicant with the reasons for the denial, and will upon a written request of the applicant received by the Director within five (5) business days of the denial meet with the applicant to discuss the reasons for the denial and to consider a review of the denial based upon additional information submitted by the applicant. At the request of the applicant, the President of Dodge City NEA may accompany the applicant at the meeting with the Director.

Report to Dodge City NEA: The Executive Director of Human Resources will provide the President of Dodge City NEA, on an annual basis, an accounting of the number of bank days utilized.

IV. GENERAL PROVISIONS

1. When under any temporary leave in which the cost of a substitute is to be deducted from the certified employee's salary, such cost will be deducted whether or not a substitute is actually employed.

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2. In the event of the death of a certified employee while under contract with the District the beneficiary of said certified employee, as defined below, will receive, in addition to the certified employee’s final paycheck representing the final payment of salary due, if any, under the contract in effect at the time of death, a death benefit payment in an amount equal to one and one-half (1 ½) of the certified employee’s monthly salary as determined by the contract in effect at the time of death. For purposes of this paragraph, the term “beneficiary” means the certified employee’s spouse, if no surviving spouse, the death benefit will be divided equally among the certified employee’s surviving natural or adopted children, if no surviving spouse or children, the death benefit will be paid to the certified employee’s estate.

3. Whenever a certified employee is unable to be present to take care of his/her duties because of weather conditions he/she shall be assessed the cost of a substitute.

V. AUTOMATIC TERMINATION

It is understood and agreed that the above Leave Policy (Article 17) shall remain in effect as long as it is mutually acceptable to both Dodge City NEA and the Board of Education. In the event mutual agreement is not reached, the above agreement shall automatically terminate and become null and void and the provisions of the Leave Policy (then Article 16) in effect for the 1998-1999 school year shall automatically be reinstated.

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Article No. 18 - PAY FOR UNUSED PERSONAL BUSINESS LEAVE DAYS A certified employee who has not used one or both personal leave days at the close of the school year may elect to receive payment for the unused day(s) in an amount equal to the rate of a substitute certified employee's pay by making a written request to the payroll office either by original draft or by e-mail within ten (10) working days following the close of school. A copy of the request should be retained by the sending certified employee, and a follow-up call should be made to the payroll office to determine if the request has been received. Payment for requests meeting the ten (10) working day limit shall be included in the certified employee's next regular paycheck. No payment shall be made on any request that is received in the payroll office after the ten (10) working day limit. If such payment is not elected by the certified employee within the ten (10) working day limit, the unused personal leave day(s) shall be applied to accumulated temporary leave provided the maximum limit has not been reached.

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Article No. 19 - GRIEVANCE PROCEDURE PURPOSE: The purpose of this grievance procedure is to provide for the orderly and expedient adjustment of grievances of the individual certified employee of the District. DEFINITIONS:

(1) A "grievance" is a complaint by a certified employee or a group of certified employees based on an alleged violation, misinterpretation, or misapplication by the District of a law, a state regulation having the effect of law, a written contract, or a written board policy.

(2) "Certified employee" means any person employed by the Board of Education in a position which requires a certificate issued by the State Board of Education or employed in a professional education capacity by the Board of Education, except administrative employees.

(3) "Administrative employee" means any professional employee who is employed by the Board of Education in an administrative capacity.

(4) "Grievance panel" shall be comprised of at least nine (9) certified employees who shall be selected annually by the Dodge City NEA, and the names of the panel members shall be submitted to the Superintendent of Schools at the commencement of each school year.

(5) "Arbitrator" is an individual who is a member of the American Arbitration Association ("AAA") selected in accordance with the rules and procedures of the AAA, or any other individual mutually acceptable to the certified employee filing the grievance and the Superintendent of Schools.

GENERAL RULES:

(1) Since the resolving of a grievance should be expedited as much as possible, the time limits of each step of the procedure shall be regarded as maximum, and every effort should be made to use fewer than the maximum number of days. Time limits, however, may be extended by mutual agreement when circumstances justify doing so. If, however, no extension of time has been mutually agreed to, and the maximum time in any given step of the procedure has expired and no action has been taken by the administrative employee as proved by this procedure, then, in that event, the certified employee filing the grievance may consider the decision to be adverse to his/her position and may proceed to the next step as provided in this grievance procedure. If the certified employee filing the grievance fails to proceed to the next step of the procedure as provided therein within the maximum time allowed, the grievance shall be deemed to be abandoned and the procedure set forth to be waived.

(2) To be entitled to the benefits of the procedure hereinafter outlined, the certified employee must submit the grievance as provided in Step 1 within ten (10) school days of the occurrence which has given rise to the grievance.

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(3) All documents, communications, and reports dealing with the processing of grievances shall be filed by the District separately from the personnel files of the certified employees.

(4) Should the processing of any grievance require a certified employee or his/her representative to be absent from their regular assignment, they shall be released without loss of pay or benefits.

(5) Grievances filed toward the close of the school year shall be expedited, insofar as reasonably possible, with the intention of completing the processing before the close of the school year. If completion cannot be accomplished, the processing will be re-established at the beginning of the new school year.

(6) All issues and evidence upon which the certified employee intends to rely in connection with his/her grievance shall be presented to the grievance panel.

PROCEDURE: Step 1: A certified employee having a grievance shall discuss it with his/her immediate

supervisor or principal with the objective of resolving the matter informally.

Step 2: If the matter is not resolved informally within ten (10) school days, the grievance shall be stated specifically in writing and presented to the supervisor or principal by the certified employee, and thereafter be considered as a formal grievance to be dealt with as hereinafter provided. Within ten (10) school days after the written grievance is presented to him/her, the supervisor or the principal shall render a decision thereon in writing and present it to the certified employee, with a copy being sent to the Superintendent of Schools.

Step 3: If the certified employee initiating the grievance is not satisfied with the written decision at the conclusion of Step 2 and wishes to proceed further under this grievance procedure, the certified employee shall, within ten (10) school days, present the grievance in writing to the grievance panel for its consideration.

All issues and evidence upon which the certified employee intends to rely in connection with the grievance shall be presented to the grievance panel in such written grievance. At the same time the written grievance is presented to the grievance panel, a copy thereof shall be delivered to the Superintendent of Schools.

Within twenty (20) school days following receipt of the written grievance from the professional grievance panel shall render a decision that (1) the grievance is a valid grievance, or (2) the grievance is not valid; provided, however, that the panel may request additional information concerning the grievance and shall deliver to both the certified employee and the Superintendent of Schools a copy of such request and a copy

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of any and all information resulting from such request. Only such information provided within ten (10) school days following the request shall be considered.

Within twenty (20) school days following the date of the requested information, the panel shall render its decision.

If the grievance panel determines that the certified employee has a valid grievance, the chairperson shall so notify the employee in writing, with a copy being sent to the Superintendent of Schools, and the aggrieved party may pursue his grievance by filing a written appeal of the decision at Step 2 with the Superintendent of Schools within ten (10) school days after he/she has received notice of the decision of the grievance panel.

Should the grievance panel determine that the alleged grievance is not valid, the chairperson shall so notify the certified employee in writing, with a copy to the Superintendent of Schools, and this procedure is thereby terminated as to the particular grievance under consideration.

In the event no decision of the grievance panel is received within the time limits as set forth above, the grievance shall be deemed to be not valid, and this procedure shall thereby be terminated as to the particular grievance under consideration.

Step 4: Within ten (10) school days after receipt of the appeal filed by the certified employee at the conclusion of Step 3, the Superintendent of Schools or his/her duly authorized representative shall hold a closed hearing with the certified employee, and his/her representative, if any, and the chairperson of the grievance panel. The Superintendent of Schools or his/her designated representative shall have the right to request the attendance at such hearing of any other persons he/she deems necessary to assure proper and expedient disposition of the grievance.

The Superintendent of Schools or his/her designated representative shall render a decision in writing to the certified employee and chairperson of the grievance panel within ten (10) school days after the conclusion of the hearing.

Step 5: If the certified employee is not satisfied with the decision at the conclusion of Step 4, the certified employee may file a written request with the Superintendent of Schools within ten (10) school days after receiving the decision at Step 4, that the grievance be submitted to arbitration.

Any grievance to be decided by arbitration shall be decided in accordance with the Labor Arbitration Rules of the American Arbitration Association in effect on the day of the request for arbitration. Expedited AAA rules may be used on mutual agreement of the certified employee filing the grievance and the Superintendent of Schools. An arbitrator who is not from AAA may be mutually agreed to. The cost of services of the arbitrator including per diem and expenses and all other mutually incurred costs will be born equally by the certified employee filing the grievance and the Board of Education. All other costs and expenses shall be born by the party incurring them.

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The decision of the arbitrator involving a violation, misinterpretation or misapplication of a written contract or written board policy shall be final and binding on both parties; provided, however, no decision of the arbitrator shall have the effect of changing a written contract or written board policy.

The decision of the arbitrator involving the violation, misinterpretation or misapplication of a law or state regulation having the effect of law will be binding on both parties as to all factual issues; provided, however, nothing contained herein shall prevent either the certified employee filing the grievance or the Board of Education from exercising the right to have a judicial determination as to any question or questions of law involved in a grievance; provided further, however, that the above grievance procedure must be completed and a decision rendered by the arbitrator before either party may seek such judicial determination.

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Article No. 20 - EARLY RETIREMENT PLAN (Note: This plan was terminated by the Board of Education following the 2009-2010 school year.)

Any eligible certified employee may elect to take early retirement under the terms and conditions set forth in this plan. Early retirement is entirely voluntary and at the discretion of the eligible certified employee.

ELIGIBILITY: In order to be eligible for early retirement under this plan, the certified employee must comply with all of the following requirements:

1. Must currently be an employee of the District, and 2. Must be at least sixty-two (62) years of age but less than full retirement age under Social

Security on or before December 31 of the calendar year in which the certified employee intends to retire, and

3. Must have vested credit recognized by the Kansas Public Employees Retirement System (KPERS) of at least ten (10) years.

4. Commencing with the 2007-2008 school year, must have five (5) years or more of continuous full-time employment service with the District.

Compliance with the above requirements will be determined by the Superintendent of Schools, based on information supplied by the certified employee and/or of record in the Superintendent of School's office. The certified employee has the responsibility of providing all information necessary to establish eligibility and the determination of benefits to be paid under this plan.

APPLICATION: An eligible certified employee may apply for early retirement under this plan by submitting a written application to the Superintendent of School's office on or before the 15th day of January preceding the anticipated retirement date. Such application shall include the following information:

1. A statement of the applicant's desire to take early retirement. 2. The anticipated date of retirement. 3. The applicant's birth date and age on the date of retirement. 4. The current mailing address and telephone number of the applicant. 5. The total number of years of service credit recognized by KPERS. 6. Whether the applicant desires health insurance coverage through the school district's

health insurance program. Following final action on the application, the Superintendent of Schools will notify the applicant in writing of the final disposition and the date and amount of benefits to be paid under the plan. Thereupon, the applicant will, within fifteen (15) days of the date of receipt of the Superintendent of School's notice, notify the Superintendent of Schools in writing that the applicant is either: (1) electing to take early retirement in accordance with the plan set forth in the Superintendent of School's notice, in which case the applicant shall be deemed to have submitted his/her resignation as a certified employee of the District effective the date of retirement as established in the notice, or (2) is electing not to take early retirement under the plan.

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BENEFITS, TERMS AND CONDITIONS: An eligible certified employee who takes early retirement under this plan shall receive the following benefits and shall be subject to the following terms and conditions:

1. The annual early retirement benefit to be paid to the certified employee by the District shall be a sum equal to one hundred fifty percent (150%) of the difference between what the certified employee would have received from KPERS and Social Security upon attaining full Social Security retirement or at such earlier date selected by the certified employee, and what the certified employee receives from KPERS and Social Security with early retirement. In no event shall the District be liable for payment of the benefits for more than three (3) consecutive years or the date of employee eligibility for full Social Security retirement whichever comes first.

2. The above annual benefit shall be paid in a lump sum to the certified employee in January of each year during which the retirement benefit is in effect, commencing in January of the year immediately following the date of retirement.

3. A certified employee taking early retirement under this plan shall have the option to maintain health insurance coverage through the school district's health insurance program until the certified employee reaches Medicare eligibility. If the certified employee elects to maintain health coverage through the District, the premium for the health insurance will be deducted from the annual benefit payment to the certified employee, or in the event no further payment is to be made, will be paid monthly by the certified employee to the District business office.

4. All early retirement benefits shall automatically terminate upon the death of the certified employee, or, with the exception of the health insurance option as provided above, at the end of the school year during the calendar year in which the certified employee’s early retirement benefits cease.

5. All early retirement benefits will be subject to all applicable federal and state laws and regulations including income tax rules and regulations.

6. The certified employee shall have the responsibility to keep the District informed of his or her current mailing address and telephone number during the time the certified employee is receiving early retirement benefits from the District.

TERMINATION OF EARLY RETIREMENT PLAN: The Board of Education may terminate this early retirement plan at any time upon proper action of the Board of Education. If the early retirement plan is terminated by the Board of Education, all certified employees participating in the retirement plan at that time will continue in the plan under the terms and conditions set forth herein until the certified employees’ eligibility expires.

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Article No. 21 - COMPENSATION TO RETIRING CERTIFIED EMPLOYEES Upon retirement from the teaching profession a certified employee who has completed twenty (20) years or more of full-time employment with the District shall be entitled to payment, in addition to their normal salary for the last year of teaching, the sum of Two Thousand Dollars ($2,000), said payment to be made as part of the consideration for the certified employee's last year of service to the District; provided, however, that to be eligible for such payment the certified employee must give written notice to the Superintendent of Schools of his/her intended retirement by May 10 of the year preceding the last contract year prior to such retirement, which notice shall be irrevocable upon acceptance by the Board of Education; provided, however, that the notice deadline may, when in the sole discretion of the Board of Education circumstances so warrant, be extended to no later than September 1.

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Article No. 22 - EARLY DISMISSAL Beginning with 1990-1991 school year the certified employee staff will be released from regular duties two (2) hours early on the day immediately preceding the Thanksgiving, Christmas and Easter vacations.

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Article No. 23 - DRUG-FREE WORK PLACE The Board of Education and Dodge City NEA believe that maintaining a drug-free work place is important in establishing an appropriate learning environment for the students of the District. The manufacture, use, possession, sale, transfer, or purchase of or being under the influence of any illegal drugs or other controlled substances in any unlawful or unauthorized manner by a certified employee is prohibited on District property or at any school sponsored event.

As a condition of employment in the District, certified employees shall abide by the terms of this policy. Any certified employee violating this policy shall be subject to disciplinary action up to and including termination, and may be referred to the appropriate authorities for possible criminal prosecution.

Certified employees covered by this Agreement may be required to submit a urine specimen for testing for the presence of drugs and/or a breath sample for the testing of the presence of alcohol where there is reasonable suspicion to believe that the certified employee, when appearing for duty or on the job, is under the influence of alcohol or other drugs or his/her job performance is impaired by the use or abuse of alcohol or other drugs or if there is verified information pointing toward possible abuse of alcohol or drugs.

Reasonable suspicion must be based upon objective facts or specific circumstances that present a reasonable basis to believe that the certified employee is under the influence of or is using or abusing alcohol or drugs. Examples of reasonable suspicion shall include, but are not limited to: slurred speech, distinguishing odor or smells associated with drug or alcohol use, disorientation, abnormal conduct or behavior. In addition, such reasonable suspicion must be documented in writing. Written documentation must be presented as soon as possible to the certified employee, who shall maintain this report in the strictest confidence, except that a copy shall be released to any person designated by the affected certified employee. Requested tests under this policy must be taken within two (2) hours of this request.

All sample collection shall be conducted off-site by non-Unified School District 443 personnel and will be subject to observation and verification as determined by the collection facility. Subject to the reasonable requirements of the collection laboratory, Dodge City NEA shall have the right, upon reasonable request made to the collection laboratory, to inspect and observe any aspect of the drug testing program with the exception of individual test results. The Association may inspect individual test results if the release of such information is authorized in writing by the affected certified employee.

Certified employees found to have positive test results must engage in an approved drug abuse program and shall be subject to random drug testing at the request of the district for a period of up to eighteen (18) months.

Any certified employee charged under a criminal drug statute may be temporarily suspended with or without pay, transferred, or reassigned by the Superintendent pending final disposition of such charges.

Any certified employee who is convicted under a criminal drug statute must notify the Superintendent or his designated representative of the conviction within five (5) days after the conviction.

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Any certified employee who is convicted under a criminal drug statute for the manufacture, sale, transfer, purchase with intent to sell, or possession with intent to sell of any drugs or other controlled substances in any unlawful or unauthorized manner shall be suspended without pay, transferred, reassigned or terminated.

Any certified employee who is convicted under a criminal drug statute for the use, possession, or purchase for the certified employee’s use only, of any illegal drug or other controlled substance in an unlawful or unauthorized manner or is under the influence of such on district owned property or at any school sponsored activity may be suspended with pay or placed on probationary status. The certified employee, at the certified employee's expense, shall be required to successfully complete the requirements of an approved drug abuse assistance or rehabilitation program as a condition of continued employment. The failure of the certified employee to successfully complete such program may be grounds for termination. A second occurrence for the same or similar offense may result in the certified employee being suspended with or without pay, transferred, reassigned or terminated.

Enforcement of this policy shall be by the Board of Education and/or the Superintendent of Schools or designated representative.

Each certified employee in the district shall be given a copy of this policy.

This policy is intended to implement the requirements of the Federal Regulations promulgated under the Drug-Free Work Place Act of 1989, 34 CFR Part 85, Subpart F. It is not intended to supplant or otherwise diminish disciplinary personnel actions which may be taken under existing laws.

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Article No. 24 - TIME UTILIZATION PLAN(S) FOR DISTRICT ATTENDANCE CENTERS It is agreed that the Building Leadership Teams *in District Attendance Centers working with the building principal as Instructional Leader, may each develop a plan for time utilization unique to the individual needs of the students served in that particular building. Each plan must be based on current educational research, current relevant educational theory, or current successful practices in other schools. To implement a change in time utilization the Building Leadership Team shall develop a detailed plan in writing based on the above criteria, which will best address the needs of students in the individual building.

On or before May 1, all full time and part time building instructional staff, including librarians and counselors, all of whom shall be certified employees of the District shall have the opportunity to vote on the plan by secret balloting. The wording of the ballot, the time period for the vote shall be established by mutual agreement of the Building Leadership Team, the building principal and Dodge City NEA President or designee. The balloting will be conducted by three representatives selected by the Dodge City NEA President. If approved by a two-thirds (2/3) majority of the certified employees voting on the plan, the plan shall be presented to the Board of Education. If the plan is approved by the Board of Education, the plan will be presented to Dodge City NEA Executive Committee. The Executive Committee of Dodge City NEA shall approve or disapprove the plan within ten (10) school days. If approved by the Executive Committee of Dodge City NEA, the plan will be implemented as presented. If not approved by the Executive Committee of Dodge City NEA the committee shall provide in writing to the Building Leadership Team and principal the reasons for disapproval and the plan will not be implemented; provided however, that either the Board of Education or Dodge City NEA may present for professional negotiations, notwithstanding the February 1 notice date, those aspects of the plan which are mandatorily negotiable or which the parties may mutually agree to negotiate. Nothing contained herein shall prevent the Building Leadership Team from developing a new plan for submission in accordance with the above procedure in the event the plan is rejected at any level.

The Building Leadership Team shall continue to monitor the implemented plan and shall make recommendations for changes or modifications as the need may arise. Any subsequent changes and modifications shall follow the same procedure for approval and implementation as set forth above.

* Building Leadership Team for each attendance center will be elected by the staff of said building

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Article No. 25 - STAFF ACCESS TO BUILDINGS The Building Leadership Team of each attendance center, working with the building principal, shall develop a procedure to accommodate certified employee needs for access to their building. The procedure proposed by the Building Leadership Team will be subject to the approval of the Superintendent of Schools or designee. Once approved by the Superintendent of Schools, the procedure will be implemented. In no case shall the procedure established prevent any certified employee from access to the building. Access may be denied or restricted, however, to any certified employee who violates the procedure.

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Article No. 26 - HEAT DAY POLICY Beginning with the 1994-1995 school year, if in the opinion of the Superintendent of Schools, classroom temperatures in a given building exceed a level which significantly and adversely affects the educational process, classes in the affected building may be dismissed. The class time missed will not be made up unless necessary to meet the State minimum requirements in effect at the time.

In the event classes are not dismissed, but the temperature in any given classroom exceeds 85° Fahrenheit, the classroom certified employee may implement a pre-approved classroom heat plan. The plan must have the prior approval of the Building Leadership Team working with the building principal and the prior approval of the Superintendent of Schools. The building principal must be notified prior to implementing the plan. The plan may not include dismissal of the class. If the certified employee feels the Superintendent of School's refusal to approve the plan is unreasonable, the Superintendent of School's refusal is grievable.

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Article No. 27 - ACADEMIC FREEDOM The Board of Education and Dodge City NEA recognize that the right of students to study and discuss controversial issues is basic to the perpetuation of our American form of democracy. It is important to have a citizenry that exercises its rights, keeps well informed, searches actively for divergent points of view, evaluates courses of action in the light of available evidence and basic democratic values, and then acts responsibly on the basis of decisions made.

The parties acknowledge the need to encourage freedom of discussion and enhance the desire to search for truth and knowledge, taking into consideration the maturity level of the students and the students' needs for guidance and assistance in studying the issues and arriving at balanced views.

The Board of Education acknowledges that academic freedom is essential to the fulfillment of the educational purposes of the District and acknowledges the fundamental need to protect certified employees from undue censorship or restraint which might interfere with their obligation in the performance of their professional duties to the District in accordance with established Board of Education policies and adopted District curriculum.

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Article No. 28 - PATRON COMPLAINTS No record of a patron complaint involving an individual certified employee shall be included in the certified employee's personnel file unless and until:

a. The certified employee affected has been fully advised of the existence of and the specific nature of the complaint and the complaint has been reduced to writing;

b. The certified employee has had a full opportunity to respond in writing to the written complaint;

c. The certified employee has had an opportunity to personally meet with the complaining patron in an effort to resolve the complaint on an informal basis;

d. Until the building principal, after a complete review of the matter, including the certified employee's written response thereto, has determined that the complaint is meritorious.

If the building principal determines that the complaint is meritorious and should be included in the certified employee's personnel file, the affected certified employee may appeal the principal's decision to the Superintendent of Schools by making a written request for a hearing with the Superintendent of Schools within ten (10) school days of the principal's decision. Upon receipt of such request, the Superintendent of Schools will meet with the certified employee within ten (10) school days. The certified employee may be accompanied by a representative of the certified employee's choice.

The Superintendent of Schools will carefully review the complaint, consider the certified employee's response, and render a decision which is warranted by the evidence presented.

If the Superintendent of Schools determines the complaint is meritorious and should be included in the certified employee's personnel file, the Superintendent of Schools shall submit such decision in writing to the certified employee which shall include the reasons for the decision.

If the certified employee is not satisfied with the final decision of the Superintendent of Schools, the certified employee may pursue a formal grievance in accordance with the negotiated grievance procedure.

If the principal or Superintendent of Schools determine that the complaint should not be included in the certified employee's personnel file, all documents associated with the complaint and the decision rendered shall be destroyed.

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Article No. 29 - RESIGNATIONS AND RELEASE FROM CERTIFIED EMPLOYEE'S CONTRACT Any certified employee who is under contract with the District will be released from that contract after the statutory resignation date only by formal action of the Board of Education. The certified employee requesting the release shall submit a resignation in writing to the Superintendent of Schools stating the specific reasons for the resignation and a check payable to the District in the amount of damages specified below. Each such resignation will be judged on its own merits. Any certified employee who resigns after the statutory resignation deadline, or who abandons their teaching contract with or without a resignation at anytime during the contract year will be subject to the assessment of damages for breach of contract as set forth below. It is recognized and agreed that damages to the District in the event of such breach would be difficult or impossible to ascertain even though substantial and irreparable in nature. Therefore, it is agreed that in the event of such breach of contract, the certified employee shall be liable to and shall pay to the District the amounts as provided below, not as a penalty, but as liquidated damages for such breach of contract: Date of Resignation Amount of Damages Statutory resignation deadline date through June 30 $500.00 July 1 to first contract day $1,000.00 First contract day through completion of contract $1,500.00 Upon the recommendation of the Superintendent of Schools, the Board of Education may under extraordinary circumstances waive or reduce assessment of the above damages, in which case all or a portion of the amount of damages previously paid will be refunded to the certified employee. For purposes of this article the term “abandons” shall mean any unannounced or unapproved absence from teaching duties for a period of three (3) contract days or more. Any certified employee who is not released from his/her contract by Board of Education action shall fulfill the terms of such contract and any action by the certified employee resulting in a failure to fulfill the terms of the contract shall amount to a breach of the contract and will subject the certified employee to any and all legal remedies available, in addition to the assessment of damages as provided above.

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Article No. 30 - NEW CERTIFIED EMPLOYEE ORIENTATION During the first year of employment as a certified employee in the District, the Superintendent of Schools may schedule new certified employee orientation meetings before the beginning of the contract year.

Orientation meetings held prior to the first day of the contract year will be paid at the rate of not less than the current cost of a substitute per day, or one-half (1/2) the cost per day for one-half (1/2) day program. New certified employee attendance at such orientation meetings will be compulsory, unless excused by the Superintendent of Schools or designee.

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Article No. 31 - VOLUNTARY SERVICES From time to time certified employees may be asked by the Administration to attend District committee meetings, workshops, training programs or other similar activities which are scheduled outside the normal certified employee contract year. Certified employee attendance at such programs shall be strictly voluntary, and no retribution shall be taken against or negative evaluation made of any certified employee who chooses not to attend. Because such activities are voluntary, any certified employee (or Dodge City NEA on their behalf) against whom retribution is taken or a negative evaluation given as a result of the certified employee's failure to attend such activity, may file a formal grievance pursuant to the negotiated grievance procedure. If the grievance is successful, the grievance hearing officer may, among any other relief he/she believes appropriate, order the removal of any negative evaluation resulting from the certified employee's failure to attend such activities.

Certified employees who have been asked and choose to attend such activities shall be paid for such attendance. The amount of such pay shall be determined by the Superintendent of Schools, but shall be not less than the current cost of a substitute for a six (6) hour day, or one-half (1/2) the cost per day for a one-half (1/2) day program. If an invited certified employee who attends such activity can establish in a grievance hearing under the negotiated grievance procedure that said certified employee was coerced or intimidated by the administration to attend such activity, such certified employee shall be entitled to his/her daily pay rate or proration thereof for each day of attendance as determined by the grievance hearing officer. Such certified employee, may at the certified employee's request, be represented by Dodge City NEA in the grievance procedure and/or have Dodge City NEA file the grievance on their behalf.

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Article No. 32 - ON THE JOB INJURIES RESULTING FROM STUDENT OR PATRON ASSAULTS In the event a certified employee is absent from work as the result of personal injury by reason of an assault by a student or patron while performing job related duties within the scope of the certified employee’s employment with the District, which injury is covered by the District’s workers compensation insurance carrier, such absence will not be charged against the certified employee’s temporary leave days. The certified employee, for each such day of absence, will be paid the difference between the amount the certified employee receives from the District’s workers compensation insurance carrier if any and the certified employee’s contracted daily salary.

In the event the certified employee is required to be absent from work in order to receive medical treatment provided by the District’s workers compensation carrier for a job-related assault, but is not at the time of the absence receiving temporary total disability benefits from the District’s workers compensation insurance carrier, and is not thereafter entitled to receive such benefits for the day of absence, the absence will not be charged against the certified employee’s available temporary leave days and the certified employee shall continue to receive his/her contracted salary during such absence. Proper verification of such medical treatment shall be provided by the certified employee to the personnel office.

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Article No. 33 - DISTRIBUTION OF AGREEMENT A current version of this agreement will be posted on the District’s web site within thirty (30) days following final ratification. In addition, twenty (20) physical copies of the agreement will be provided to the President of Dodge City NEA.

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Article No. 34 – SAVINGS CLAUSE

It is agreed that should any of the foregoing articles be declared to be in violation of law by a final decision of a court of competent jurisdiction, the illegal article shall be automatically removed, but all other articles shall remain in full force and effect.

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Article No. 35 - DURATION OF AGREEMENT The foregoing agreement shall remain in full force and effect through June 30, 2018, and may not be changed without the mutual written consent of the Board of Education and Dodge City NEA, except that both parties retain the option to reopen negotiations should action by the Governor, the legislature, or the Kansas Supreme Court reduce the level of funding to the District for the 2017-2018 school year.

Documents

DODGE CITY NATIONAL EDUCATION ASSOCIATION · 2017-2018 negotiated agreement as ratified by dodge city national education association and the board of education of unified school district