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Tempe Union High School District

WORKING CONDITIONS AND BENEFITS

Tempe Secondary Education Association (TSEA) Certified Teachers

July 1, 2019 – June 30, 2020

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The contents of this document may be modified at any time by the District. Salary schedules and movement for education and/or experience may be impacted by a reduction in available District funds. The benefits outlined herein pertain only to the current contract year. There is no expectation that any benefit will continue beyond the current contract year.

It is expressly understood that the contents of this document do not constitute the terms of a contract of employment. Nothing contained herein shall be construed as a guarantee of continued employment beyond the period of employment set forth in any contract of employment entered into by any employee with the District.

Any oral or written representations to the contrary of the above statements are invalid and should not be relied upon by any employee.

For additional information, refer to the Governing Board Policies and Regulations or the Employee Handbook.

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Table of Contents

Article 1 -- Definitions .................................................................................................................... 5 Article 2 -- Appointment of Teachers to Committees .................................................................... 6 Article 3 -- Association Representation ........................................................................................ 10 Article 4 -- Association Rights ..................................................................................................... 10 Article 5 -- Changes in Grades and/or Report Cards .................................................................... 11 Article 6 -- Class Size ................................................................................................................... 17 Article 7 -- Dispute Resolution Procedures .................................................................................. 17 Article 8 -- Personnel Records and Files ...................................................................................... 33 Article 9 -- Rights to be Informed of District Rules ..................................................................... 35 Article 10 -- Duty-Free Lunch ...................................................................................................... 35 Article 11 -- TSEA Employee Involvement ................................................................................. 35 Article 12 -- Fringe Benefits Programs ......................................................................................... 35 Article 13 -- Long-Term Leaves of Absence ................................................................................ 35 Article 14 -- Medical Leave Assistance Program ......................................................................... 42 Article 15 -- Part Time Teacher Rights......................................................................................... 44 Article 16 -- Pay for Performance (IPIP) ...................................................................................... 45 Article 17 -- Paydays .................................................................................................................... 45 Article 18 -- Planning Time .......................................................................................................... 45 Article 19 -- Professional Day ...................................................................................................... 46 Article 20 -- Professional Evaluation ............................................................................................ 46 Article 21 -- Re-Opener ................................................................................................................ 47 Article 22 -- Reductions in Personnel ........................................................................................... 47 Article 23 -- Reimbursement for Unused General Leave ............................................................. 50 Article 24 -- Release Time for the TSEA President ..................................................................... 51 Article 25 -- Salary Credit............................................................................................................. 51 Article 26 -- Salary Schedule for Extended Contracts .................................................................. 55 Article 27 -- Salary Schedule for Extra Services .......................................................................... 55 Article 28 -- Salary Schedule for Psychologists and Speech/Language Pathologists .................. 55 Article 29 -- Salary Schedule for Substitutes ................................................................................ 55 Article 30 -- Salary Schedules for Teachers, Guidance Counselors, Registered Nurses, Audiologists and Occupational/Physical Therapists ..................................................................... 55 Article 31 -- Savings Clause ......................................................................................................... 55 Article 32 -- School Calendar ....................................................................................................... 56 Article 33 -- Seniority List ............................................................................................................ 56 Article 34-- General Leave ........................................................................................................... 56 Article 35 -- Student Teachers ...................................................................................................... 62 Article 36 -- Substitutes ................................................................................................................ 62

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Article 37 -- Teacher Preparation Days ........................................................................................ 62 Article 38 -- Transfer Procedure ................................................................................................... 62 Article 39 -- Traveling Teachers ................................................................................................... 65 Article 40 -- Tuition Reimbursement ............................................................................................ 65 Article 41 -- Use of Student Test Data.......................................................................................... 66 Article 42 -- Zipper Clause ........................................................................................................... 66

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Article 1 -- Definitions Terms, as used in this document, shall be defined as follows: Association shall mean the Tempe Secondary Education Association. Board shall mean the Governing Board of the Tempe Union High School District, No. 213. Campus/Site Administrator shall mean the principal, or designee. District shall mean the Tempe Union High School District, No. 213. Duty days shall mean those times when employees are required to be at their places of employment regardless of whether or not students are present. It shall not include regularly scheduled school holidays or days when the employee is not under contract to be at work. Employee for the purposes of this document, shall mean any certified personnel Immediate Supervisor shall designate the site administrator, or designee, at all high schools and the lowest-level administrator having line supervisory authority over the employees. Involuntary Transfer shall mean a mandatory change in assignment outside the employee's present school necessitated because of: 1. Increases or decreases of enrollment in various grades and classes;

2. Opening of new buildings or closing of old ones;

3. Changes in organization of the District system;

4. Addition or elimination of an educational service;

5. Vacancies created by promotions, leaves of absence, death, retirement, transfer and the like; or

6. Special circumstances, which will enhance the District educational program. Reprimand shall mean a written report of disciplinary action taken by supervisory personnel as a result of an employee violation or infraction of District policies, procedures, regulations, or administrative directives. A designation of site file or district file must be indicated on the “TUHSD Employee Letter of Disciplinary Action for Professional Staff” by the supervisory personnel. This is different than a Letter of Warning or Memorandum of Direction. School Year shall mean the time the regular classroom teachers are under contract including that time on "extended contract” and/or District approved “flex days.”

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Seniority shall mean the status of teachers with respect to the length of teaching service with the District as follows: Seniority shall be computed from an employee’s most recent date of employment provided the teacher has met the initial requirements for a probationary teacher. When the District is filling part-time positions and all factors are considered equal by the unit administrator, an employee's seniority shall be the determining factor in filling the vacancy. Part-time employees have no guarantee of continued employment beyond that provided in statute. Time spent out of the District on an authorized leave of absence shall neither add to nor interrupt an employee's seniority. In the event two or more teachers began work on the same date, their seniority rank shall be determined by the date on which their employment was ratified by the Board. In the event the board date is the same for those teachers who began work on the same date, the date the teacher accepted the contract (electronic or formal signature) shall determine their seniority rank. In the event two or more teachers still have the same seniority rank, the initial PAR date shall determine their seniority rank. Superintendent shall mean the chief administrative officer at the District or his appointed designee. TSEA shall mean the Tempe Secondary Education Association. Voluntary Transfer shall mean a change in assignment from one school to another initiated at the request of the employee.

Article 2 -- Appointment of Teachers to Committees Committees which make recommendations in areas, which primarily affect teachers should be constituted with teacher representation. Within twenty (20) working days of the request the TSEA president will recommend names of individuals to the Superintendent, or designee, for consideration of appointment for all certified teacher positions on District committees which directly affect teachers. Failure to respond within this time limit will result in appointments being made by the Superintendent, or designee unless an extension of the time limit is agreed to by both parties. Any District employee or group of employees may submit names of employees to be considered for appointment to committees for consideration by the Superintendent, or designee. The Association will select at least one-half (1/2) of the committee membership unless committee membership is specifically identified in this article.

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Each Principal and Administrator selection committee shall include at least one (1) TSEA member appointed from a list of three (3) names submitted by the TSEA President, or designee. The Superintendent or designee agrees to inform the TSEA whenever a temporary committee is formed to review curriculum and the names of the individuals appointed to serve on each committee. The District shall attempt to provide release time, if necessary, for teachers serving on a selection committee. POLICY - IJJ - TEXTBOOK/SUPPLEMENTARY MATERIALS SELECTION AND ADOPTION The Governing Board will approve and adopt all basic textbooks for each course. If any course does not include a basic textbook, the Governing Board shall approve all supplemental books used in such course prior to usage. The Superintendent shall establish textbook selection procedures that shall provide for the appropriate involvement of staff members, students, and community members. These procedures may provide for the establishment of textbook selection committees. Recommendations from textbook selection committees will be forwarded to the Superintendent. Textbooks and supplementary books recommended by textbook selection committees will be placed on display in the District office for a period of at least fourteen (14) days prior to the meeting at which the Governing Board will consider their adoption. In recommending books, the committees will strive for continuity of textbooks throughout the different grades and use the same book series course sequence within a subject area and recommend use of the same book for each section offered of a given course in all classes of the same grade. On written request, school personnel designated by the Governing Board shall permit parents or guardians access to instructional materials currently used by or being considered for use by the school district by making available at least one copy of the instructional material for review by the parents or guardians. Parents or guardians may take printed textbooks, printed supplementary books and printed subject matter materials from the school district premises for a period of not more than forty-eight (48) hours. Parents or guardians may review all other materials, including films, only on the School District premises. Objectives of Selection It is the responsibility of the school textbook committees to: Recommend resources that will support and enrich the curriculum, taking into consideration

the varied interests, abilities, learning styles, and maturity levels of students served.

Recommend resources that will stimulate growth in factual knowledge, critical analysis of differing sides of issues, literary appreciation, aesthetic values, and recognition of various societal values.

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Place principle above personal opinion and reason above prejudice in the recommendation of

resources of the highest quality in order to assure a comprehensive collection of resources appropriate for the complete education of all students.

The Superintendent will establish procedures for the purchase and distribution of all necessary textbooks, supplemental books, and other related instructional materials from the adopted list free of cost to students. Removal of Textbooks/Supplementary Materials Textbook selection committees may recommend to the Superintendent that certain previously adopted textbooks or supplementary materials be deleted from the Board-approved list. Textbooks and supplementary materials will not be deleted without the approval of the Governing Board. Disposal of Learning Materials The Governing Board authorizes the Superintendent to establish regulations for the disposal of surplus or outdated learning materials when it has been determined that the cost of selling such materials equals or exceeds estimated market value of the learning materials. Adopted: date of Manual adoption LEGAL REF: A.R.S. 15-203

15-342 15-721 15-722 15-726

CROSS REF: DN - School Properties Disposition

IJL - Library Materials Selection and Adoption KEC - Public Concerns/Complaints about Instructional Resources

REGULATION IJJ – RA - TEXTBOOK/SUPPLEMENTARY MATERIALS SELECTION AND ADOPTION (Criteria for Selection) Textbook selection committees shall be guided by the following: Resources shall be recommended to support and enrich the school curriculum and to meet the

personal needs of the students.

Resources that are recommended shall be appropriate for the subject area and for the age, emotional development, ability level, learning styles, and social development of students for whom the materials are selected.

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Resources that are recommended shall provide a background of information that will motivate students to examine their own attitudes and behavior, to comprehend their duties, responsibilities, rights, and privileges as participating citizens in our society, and to make intelligent judgments in their daily lives.

Resources that are recommended shall provide information on differing sides of issues so that users may develop the practice of critical analysis.

Resources shall be recommended for the atypical student as well as for the average student.

Resources shall be recommended for their strengths rather than rejected for their weaknesses, and shall be judged as a whole.

Recommendations shall support and be consistent with general education goals of the District and goals and objectives of specific courses.

REGULATION IJJ-RB-TEXTBOOK/SUPPLEMENTARY MATERIALS SELECTION AND ADOPTION (Instructional Materials Selection Guidelines) Three (3) basic considerations shall be used in selecting instructional materials or in accepting gifts of such materials: the student, the subject, and the quality.

Relation to Student:

▪ Materials shall be examined to select those in which theme and presentation of subject matter are suitable for the ability and interest of the student.

Relation to Subject:

▪ Timeliness and Permanence: Instructional materials shall be selected for their timeliness and timelessness. Timeliness is judged by the current interest or emphasis on an author or subject. Timelessness of instructional materials is judged according to its enduring quality, its uniqueness and significance, its historic value, and its author's or producer's eminence.

▪ Treatment of Controversial Issues: The intent and honesty of the presentation are important criteria in selection. Instructional materials related to sex, morality, race or ethnicity, religion, sex roles, health and politics will be carefully chosen to insure fair and objective treatment of these significant areas.

▪ Treatment of Profanity, Sex, and Violence: The presence of sexual incidents or profanity shall not automatically disqualify material. Rather, the decision shall be made on the basis of whether the material represents life in its true proportions, whether circumstances are realistically dealt with, or whether the material is of literary or artistic value.

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Relation to Quality:

▪ Accuracy, Authenticity, and Aesthetic Value:

Two (2) basic factors, truth and art, will be considered in the selection of instructional materials. Truth encompasses factual accuracy, balance and integrity. Art refers to the simulative and imaginative quality of the presentation. Section A All committees charged with reviewing and selecting textbooks and/or instructional materials used in lieu of textbooks shall be composed of at least one-half (1/2) classroom teachers who are presently teaching at the grade level or in the department for which the texts or materials are being selected. The president of the Association will submit names for the classroom teacher members of selection committees to the Superintendent for consideration of appointment to the committees. After a review and selection committee has been appointed, the administration shall publicize the names of committee members to encourage teachers to discuss the selection with committee members. As appropriate, selection committees shall provide classroom teachers with an opportunity for oral and written input about texts and instructional materials under consideration before the committee's recommendations are finalized and forwarded to the Board. Section B Following the completion of each adoption process, the selection committee shall be reconvened to recommend the instructional materials and supplies necessary to effectively implement that program.

Article 3 -- Association Representation The District recognizes TSEA as the representative of all certified personnel who are employed by the Tempe Union High School District.

Article 4 -- Association Rights TSEA and its recognized representatives are permitted to conduct TSEA business on District property. Permission for use of the facilities for this purpose must be obtained at least two (2) days in advance from the Campus/Site Administrator and must not interfere with any scheduled school activities. Excess costs resulting from such use shall be borne by TSEA.

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TSEA shall have space on at least one (1) bulletin board in each site that is located in an area frequented by certified staff for the purpose of posting notice about TSEA activities and information. The space shall be of sufficient size to accommodate several postings. TSEA may communicate with certified employees using District inter-site mail, District telephones and the District’s voice mail and e-mail system. TSEA may transact official organizational business and communicate with their membership via District email. TSEA’s communication and distribution of materials must be reasonable and in accordance with Board policies and regulations. Upon prior approval of the Campus/Site Administrator, TSEA may have time prior to the start of the morning or after the close of the afternoon faculty meetings for the purpose of making TSEA announcements and reports. The District agrees that within the provisions of District Policy and the Arizona Revised Statutes it will furnish to the Association as necessary and as appropriate: 1. Financial information, which are appropriate to the interest-based decision making process; 2. Agendas to the Board meetings; 3. Minutes of the Board meetings; 4. Names and assignments of all certified employees in the District; and 5. A seniority list of all teachers in the District, which shows names and hire dates will be made

available as necessary. Each year by September 15, TSEA shall provide to the District a list of current faculty representatives and executive officers. Additions or corrections to this roster shall be provided to the District monthly.

The Campus/Site Administrator and TSEA Representatives at each site shall meet at least one time each year, prior to October 1, for the purpose of discussing procedures and concerns related to the duties of the TSEA Representatives.

Article 5 -- Changes in Grades and/or Report Cards POLICY - IKA - GRADING / ASSESSMENT SYSTEMS A District-developed grading system will be utilized. Teachers will keep a careful record of the grades assigned to students.

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Reports to the parents concerning student achievement will be made every nine (9) weeks by the teacher, and additional reports will be made when necessary. Teachers will confer with parents when necessary concerning academic progress and discipline of students. Teachers will report to parents on students' conduct, scholarship, attendance, or excessive tardiness. Special Education Grades reporting achievement of special education students not taking regular education classes shall be given on a basis commensurate with the students' abilities and based on their individual progress according to the approved Individualized Education Program rather than in competition with classmates.

Parents of special education students shall be counseled regarding the significance of the grading system in order to avoid misinterpretation of the achievement grade. Adopted: date of Manual adoption LEGAL REF: A.R.S. 15-203

15-516 15-521 15-767

REGULATION IKA-R - GRADING / ASSESSMENT SYSTEMS Subject Grade The subject grade should be based upon pupil mastery of the content of the course. The teacher will establish a reasonable standard for average achievement in each of the subjects. If at any time the teacher is in doubt that this standard is either too high or too low, the teacher should discuss the matter with the principal. The teacher will establish a uniform system of grading. This system is based upon attainment of what the teacher requires. Content of the course shall be set up to be measured by numerical percentages which are then transferred to letter equivalents. The following scale will serve as a guide for the distribution of grades but reasonable alternative letter grades may be approved at the District level:

90% through 100% equals A 80% through 89% equals B 70% through 79% equals C

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60% through 69% equals D Below 60% equals F

Teachers must provide information on the grading system to students and parents/guardians at the beginning of each course as part of the general information of their classroom procedures. The District-developed grading system calculation for a semester grade is as follows: 40% shall be based on the first quarter (9 weeks) percentage earned by the student.

40% shall be based on the second quarter (9 weeks) percentage earned by the student.

20% shall be based on the final examination/summative activity percentage earned by the

student. The following should be observed in implementing a grading system: The grading system should be consistent within the class for the entire year.

The student should understand the system thoroughly, such as, the content on which the grade

for the course depends, the weight attached to various phases of the material, the manner in which the letter grade is devised, and the meaning of the final letter grade which is sent home as a report to the parent.

If a teacher from year-to-year consistently promotes classes with predominantly high or low scores for the majority of the pupils in each class, then such practice causes parental and pupil difficulties for the succeeding teacher. If a teacher consistently finds the grades high or low for a large percent of the class, then the teacher should evaluate their established standards of average achievement on grading.

Work habits and conduct are two (2) areas that will be marked individually. Grades on basic subjects must not be awarded or upheld based upon disciplinary problems, work habits, or conduct.

Report Cards and Records Grade reports to the parents are made on a nine (9) week basis. Before cards are distributed each nine (9) week period, the teacher should explain the marking system to the students. Cards are sent home according to a schedule which is developed at the beginning of the school year.

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Section A 1. Classroom teachers are responsible for grading decisions. Teachers shall keep sufficient record

of each student's performance during the grading period to explain/justify/support the grade indicated on the report card using the current District electronic systems. [Synergy]

2. Students or their parents/legal guardians have the right to question grading decisions.

3. Questions regarding grading decisions should first be discussed with the teacher who made the decision.

4. Any questions regarding grading decisions not resolved through discussion with the teacher may be appealed to the school principal or designee within twenty (20) school days into the next grading period.

5. In an effort to resolve the matter, the school principal or designee shall discuss the grade with the classroom teacher and review (with the teacher) the teacher's record of student performance during the grading period.

6. Administrators shall not substitute their professional judgment for that of the teacher.

7. Except as provided in Section B, there is no process for review of a grading decision other than with the school principal or designee.

Section B 1. In the event that any question regarding a teacher's decision to pass or fail a student in a course

cannot be resolved at the school level, the student or parent/legal guardian may request in writing that the Board review the decision. Any such request must be made within fifteen (15) days of the school principal or designee's review of the pass/fail or promote/retain decision.

2. The Board shall review the decision in Executive Session unless the parent/legal guardian or the emancipated student requests in writing that the review be conducted in an open meeting.

3. If the review is conducted in Executive Session, the Board shall notify the teacher and parent/legal guardian or emancipated student of the date, time and place of the review. The Board shall allow the parent/legal guardian or emancipated student and the teacher to be present at the review.

4. The Executive Session shall be tape recorded or minutes taken.

5. The parent/legal guardian or emancipated student may present to the Board written evidence to support the contention that the promotion/retention decision or the pass/fail decision should be overturned.

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6. The teacher may also present written evidence to support his/her decision. If the teacher is not present at the review, the Board shall consult with the teacher, if possible, before making its decision.

7. If the course wherein the grade was reported is a course for which competency requirements have been prescribed, the Board shall base its decision on the prescribed competency requirements.

8. The Board shall put in writing its decision to accept or overturn the teacher's decision. The document shall include the basis for the Board's decision.

9. Any written request, the written evidence presented at the review and the written record of the review, including the decision of the Board to accept or overturn the teacher's decision, shall be retained by the Board as part of its permanent records.

Section C When revisions in District report cards are necessitated, a joint committee shall be formed to review the changes. No more than one-half (1/2) of the committee shall be administrators. Except in order to comply with legislative mandates and/or established emergencies, any changes in report cards shall not be implemented during the current school year. The TSEA president will recommend names of teachers to the Superintendent, or designee for his concurrence and appointment to the committee.

POLICY - IIB - CLASS SIZE Regular Education Staffing patterns and student grouping shall be flexible so as to accommodate varied instructional delivery approaches, student needs, curriculum requirements, and fiscal resources. Each year the Superintendent will make recommendations concerning the District-wide level of staffing as a part of the budget review and preparation process. Special Education It is the intent of the District to maintain a special education student-teacher ratio that will allow the teacher to work effectively and efficiently toward the individualized education program (IEP) goals, and if appropriate, objectives of each student with a disability and to work with classroom teachers to prevent learning problems whenever possible. Adopted: date of Manual adoption

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LEGAL REF: A.R.S. 15-341

15-342 15-764

CROSS REF: IHB - Special Instructional Programs REGULATION IIB-R CLASS SIZE Teacher-Student Ratios The categorical goals for the average ratio of students for each full-time equivalent (FTE) teacher shall be as follows: Department Category Students Regular Education Core Subject 26 to 29 Electives Will vary from this range Career-Technical Education Will vary from this range Special Education Life Skills 8 to 12

with 1.0 FTE paraprofessional* Emotionally Disabled Private 8 to 12

with 1.0 FTE paraprofessional* Profound Autism 5 to 8

with 1.0 FTE paraprofessional* Severe/Profound 6 to 8

with 1.0 FTE paraprofessional* Medically fragile 4 to 6

with 1.0 FTE paraprofessional* with 1.0 FTE registered nurse

Resource 20 to 25 Speech/Language 50 to 65 Visually Impaired (itinerant) 20 to 25 Hearing Impaired (itinerant) 20 to 25 *Provided as dictated by the IEP

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Article 6 -- Class Size Maintaining class size ratios as described below and any reductions are dependent upon the financial resources of the District and the amount of classroom space available. During the 2014-2015 school year, the District Administration shall attempt to staff schools with a student-teacher ratio taking into consideration a variety of criteria including: Core content classes for all four grade levels

Freshman and sophomore core classes

Electives

Enrollment of School

Course Completers for CTE classes High School (9-12) Range from 145 to 170 students In order to maintain class loads as designated in this document, TSEA accepts the concepts of combining two (2) or more grade levels in a single class or transfer of a teacher after the school year is underway. Because the District recognizes and understands the importance of maintaining the lowest possible class loads, the Superintendent or his designee shall provide periodic analysis on the status of "class size." Such reports shall be conducted by District and Site Department Chairs and include specifics regarding which schools and which grade levels are experiencing class sizes above the limits listed above, and shall be made available to the Board and the TSEA President no less than two (2) times per year, once each semester. These reports shall include specifics regarding special education case loads. Faculty at alternative programs/sites will be consulted by the Administration in determining appropriate class size.

Article 7 -- Dispute Resolution Procedures RIGHTS OF REPRESENTATION

Prior to any meeting with a teacher, the Principal shall give sufficient notice and make clear the purpose for the meeting and the subject(s) to be discussed. The teacher has the right to ask questions to further clarify the reasons for the meeting and have a district representative present. If a representative is requested, the meeting shall not begin until the representative is present, with a respectable wait time or the meeting may need to be rescheduled. To aid a teacher in determining whether to request a representative, the following guidelines may be used:

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Yes, a representative could be present

Meeting with a District Office administrator (Associate or Assistant Superintendent, Executive Director, Director level administration)

Formal written notice has been given for conduct or performance Inadequacy of Classroom Performance – Professional Improvement Plan (PIP)

No, a representative need not be present

Informal request to meet Informational meeting only Issue(s) regarding student(s) and/or parent(s)

Optional, a representative may or may not be necessary

Professional Development Growth Plan to be developed (Department Chair or Academic Coach could be present)

POLICY - GBK - STAFF GRIEVANCES Effective communication between District employees, the administrative staff, and the Governing Board is essential for proper operation of the schools. The Governing Board, therefore, authorizes the Superintendent, or designee, to establish a grievance procedure for employees as the prescribed means of resolving grievances at the earliest date and the lowest possible administrative level. Such procedure shall provide for Governing Board review of any grievance that cannot be resolved at the administrative level. In such instances, the affected individual may request that the Governing Board review the situation. Such request shall be in writing and shall contain the basis for the appeal, including the act or acts out of which the grievance arose, identification of the Governing Board policies and/or administrative regulations involved, and the remedy sought. Within five (5) working days following notification of the Superintendent's decision, any written request for appeal shall be submitted to the Superintendent for transmittal to the Governing Board. The Governing Board, at a time of its choosing, shall review the grievance and issue a response within fifteen (15) working days following such review. The decision of the Governing Board is final. Adopted: date of Manual adoption LEGAL REF: A.R.S. 38-532

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REGULATION - GBK-R - STAFF GRIEVANCES Definitions A grievance is a complaint by a District employee alleging a violation or misinterpretation, as to the employee, of any District policy or regulation that directly and specifically governs the employee's terms and conditions of employment.

The term grievance shall not apply to any matter for which the method of review is prescribed by law, or the Governing Board is without authority to act. The suspension or dismissal of certified employees is covered by statute and, therefore, is not a grievable matter. Assignment, reassignment, or transfer of an employee to another position or duties is not grievable beyond the Superintendent unless there is a reduction in Base Salary or the Superintendent requests that it go to the Governing Board.

A grievant shall be any employee of the District filing a grievance.

A reduction in Base Salary means a reduction in the contracted salary for employee at the same FTE for the previous year and does not include any supplemental pay (i.e., 6/5th contracts, extracurricular activity stipends, coaching stipends, performance pay, etc.)

Terms and conditions of employment means the hours of employment, the compensation therefore, including fringe benefits, and the employer's personnel policies directly affecting the employee. In the case of professional employees, the term does not include educational policies of the District. A day is any day during which the District conducts business. The immediate supervisor is the lowest-level administrator having line supervisory authority over the grievant.

Informal Level

Before filing a formal written grievance, the grievant must attempt to resolve the matter by one (1) or more informal conferences with the immediate supervisor. The first of these informal conferences must be conducted within ten (10) days after the employee knew, or should have known, of the act or omission giving rise to the grievance. A second or any subsequent conference must occur within five (5) days after the initial informal conference, or any subsequent conference.

Formal Level

Level I. Within fifteen (15) days after the employee knew, or should have known, of the act or omission giving rise to the grievance, the grievant must present the grievance in writing to the immediate supervisor.

The grievance shall be a clear, concise statement of the circumstances giving rise to the grievance, a citation of the specific article, section, and paragraph of the policy or regulation that directly and specifically governs the employee's terms and conditions of employment that are alleged to have been violated, the decision rendered at the informal conference, and the specific remedy sought.

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The immediate supervisor shall communicate a decision to the employee in writing within five (5) days after receiving the grievance.

Within the above time limits either party may request a personal conference to attempt to resolve the matter.

Level II. In the event the grievant is not satisfied with the decision at Level I, the decision may be appealed to the Superintendent within five (5) days after receipt of the decision.

The appeal shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal. The Superintendent shall, within ten (10) days after receipt of the written grievance, meet with the aggrieved party and other appropriate persons for the purpose of resolving the grievance. The Superintendent shall, within five (5) days after such meeting, render a decision in writing to the aggrieved party.

Level III. If the grievant is not satisfied with the decision at Level II, the grievant may, within five (5) days, submit an appeal in writing to the Superintendent for consideration by the Governing Board.

General Provisions

Section 1. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed an acceptance of the decision rendered at that step, and there shall be no further right of appeal. Failure to file a grievance within fifteen (15) days after the employee knew, or should have known, of the circumstances upon which the grievance is based shall constitute a waiver of that grievance.

Section 2. The filing or pendency of any grievance under the provisions of this policy shall in no way operate to impede, delay, or interfere with the jurisdiction of the Governing Board or the Superintendent.

Section 3. For a good cause shown, the Superintendent may authorize an extension of any of the timelines set forth above.

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EXHIBIT GBK-EA - STAFF GRIEVANCES

LEVEL I - GRIEVANCE FORM A FORMAL GRIEVANCE PRESENTATION

To be completed by grievant within five (5) days after the last informal conference but no later than fifteen (15) days after the employee knew or should have known of the act or omission giving rise to the grievance.

Name: ________________________________________________________________________

Site: ________________________________________________________________________

Immediate supervisor: ____________________________________________________________

Assignment/Position: ____________________________________________________________

Policy or regulation alleged to have been violated: ____________________________________

Statement of grievance:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(Please use separate sheet if necessary.)

Action requested:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(Please use separate sheet if necessary.)

_____________________________________ ____________________________________ Signature Date

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EXHIBIT GBK-EB - STAFF GRIEVANCES

LEVEL I GRIEVANCE FORM B DECISION OF IMMEDIATE SUPERVISOR

To be completed by immediate supervisor within five (5) days after formal filing.

Name: ________________________________________________________________________

Date of formal grievance presentation __________________________________________

Site: ________________________________________________________________________

Immediate supervisor ____________________________________________________________

Decision of immediate supervisor and reasons therefore:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(Please use separate sheet if necessary.)

Date of decision _____________ ________________________________________ (Signature of immediate supervisor)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -- - - - -

Grievant's response [to be completed by the grievant within five (5) days after the decision]:

I accept the above decision of the immediate supervisor.

I hereby refer the above decision to the Superintendent, or designee, with reasons detailing non-acceptance at Level I and any relief sought (Level II).

Date of response ________________ _____________________________________ (Signature of grievant)

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EXHIBIT GBK-EC - STAFF GRIEVANCES

LEVEL II GRIEVANCE FORM C REFERRAL TO SUPERINTENDENT

To be completed by grievant within five (5) days of immediate supervisor's response. Grievant:______________________________________________________________________

Date of formal presentation: ______________________________________________________

Detail reasons for non-acceptance of grievance decisions and any relief sought:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(Please use separate sheet if necessary.)

The attached grievance is hereby referred to the Superintendent, or designee.

Date of referral _______________ ____________________________________ (Signature of grievant)

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EXHIBIT GBK-ED STAFF GRIEVANCES

LEVEL II GRIEVANCE FORM D DECISION OF SUPERINTENDENT

To be completed by the Superintendent within five (5) days.

Grievant: ____________________________________________________________________

Date of formal grievance presentation: __________________________________________

Date appeal received by Superintendent, or designee: ______________________________

Date hearing held by Superintendent, or designee (optional) ______________________________

Decision of Superintendent and reasons therefore:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(Please use separate sheet if necessary.)

Date of decision _____________ __________________________________________ (Signature of immediate supervisor)

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - -- - - -

Grievant's response [to be completed by grievant within five (5) days after the decision]:

I accept the above decision of the Superintendent.

I hereby appeal to the Governing Board for a review of this grievance (Level III).

Date of response ________________ ____________________________________ (Signature of grievant)

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EXHIBIT GBK-EE - STAFF GRIEVANCES

LEVEL III (Final Action) GRIEVANCE FORM E REVIEW BY GOVERNING BOARD

Grievant: __________________________________________________________________

Date of formal grievance receipt: ________________________________________________

The attached grievance is hereby appealed to the Governing Board for a review.

Detail reasons for non-acceptance of grievance decision at Level II and any relief sought:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(Please use separate sheet if necessary.)

Date appeal received by Governing Board: __________________________________________

GOVERNING BOARD RESPONSE:

The Governing Board affirms the Superintendent's response.

The Governing Board rejects the Superintendent's response.

The Governing Board modifies the Superintendent's response as follows:

[TO BE COMPLETED WITHIN FIFTEEN (15) DAYS OF REVIEW]

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POLICY – GCQF - DISCIPLINE, SUSPENSION, AND DISMISSAL OF PROFESSIONAL STAFF MEMBERS

Categories of Misconduct

Certified staff members may be disciplined for infractions that include, but are not limited to, the following categories:

Engaging in unprofessional conduct.

Committing fraud in securing appointment.

Exhibiting incompetency in their work.

Exhibiting inefficiency in their work.

Exhibiting improper/disrespectful attitudes.

Neglecting their duties.

Engaging in acts of insubordination.

Engaging in acts of child abuse or child molestation.

Engaging in acts of dishonesty.

Being under the influence of alcohol or drugs while on duty.

Engaging in the illicit use of narcotics or habit-forming drugs.

Being absent without authorized leave.

Engaging in discourteous treatment of the public or co-workers.

Engaging in improper political activity.

Engaging in willful disobedience.

Being involved in misuse or unauthorized use of school property.

Being involved in excessive absenteeism.

Carrying or possessing a weapon on school grounds unless they are peace officers or have obtained specific authorization from the appropriate school administrator.

Statutory Requirements

Certified staff members disciplined under A.R.S. 15-341, A.R.S. 15-539, or other applicable statutes:

May not be suspended with or without pay for a period exceeding ten (10) school days under A.R.S. §15-341.

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May be suspended without pay for a period of time greater than ten (10) school days or dismissed under A.R.S. §15-539.

Shall be disciplined under procedures that provide for notice, hearing, and appeal, subject to the requirements of A.R.S. §15-341 or A.R.S. §15-539, whichever is appropriate.

Shall, if disciplined under A.R.S. §15-539 or other applicable statutes, excluding A.R.S. §15-341, receive notice in writing served upon the certified staff member personally or by United States registered or certified mail addressed to the employee's last-known address. A copy of charges specifying instances of behavior and the acts of omissions constituting the charge(s), together with a copy of all applicable statutes, shall be attached to the notice.

Shall have the right to a hearing in accordance with the following:

o Suspension under A.R.S. §15-341. The supervising administrator will schedule a meeting not less than two (2) days nor more than ten (10) days after the date the certified staff member receives the notice.

o Dismissal or dismissal with suspension included under A.R.S. §15-539. A certified staff member's written request for a hearing shall be filed with the Governing Board within ten (10) days after service of notice. The filing of a timely request shall suspend the imposition of a suspension without pay or a dismissal pending completion of the hearing.

General Provisions for Discipline Under A.R.S. §15-341

General provisions for discipline are as follows:

Informal consultation. Nothing contained herein will limit a supervising administrator's prerogative to engage in informal consultation with a certified employee to discuss matters of concern related to the employee's performance, conduct, et cetera; however, when it is apparent that disciplinary action toward a certified employee is likely to become a part of the certified staff member's personnel record as permitted by A.R.S. §15-341, the procedures outlined herein shall be followed.

Persons authorized to impose discipline. Any supervising administrator who is the immediate or primary supervisor of a certified staff member is authorized to impose a penalty or penalties, short of dismissal. Only the Governing Board may dismiss a certified staff member.

Notice. Any person who is required by this policy to give written notice to any other person affected by this policy may do so by any means reasonably calculated to give the recipient actual knowledge of the notice within a reasonable amount of time. When time is calculated from the date a notice is received, the notice is deemed to be received on the date it is hand delivered or three (3) calendar days after it is placed in the mail.

Administrative discretion. In adopting these policies and procedures, it is the intention of the District that they be interpreted and applied in a reasonable fashion. The policies and regulations are not intended to restrict or eliminate the discretion traditionally afforded to supervising administrators to determine whether discipline is appropriate.

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Supervising administrators are therefore directed to continue to use reasonable discretion in determining whether a particular alleged violation merits discipline.

Right not to impose discipline. The District reserves the right not to discipline a certified staff member for conduct that violates this policy.

Definition of work days. For the purposes of this policy, a work day is any day that the District's central administrative office is open for business.

Additional reasons for discipline. A certified staff member may be disciplined for conduct that has occurred but that, at or near the time of misconduct, was not the subject of or identified as a reason for a specific proceeding under this policy.

Procedure for Discipline Under A.R.S. §15-341

The following procedures will be used to impose any discipline that 1) shall become a part of the certified staff member's personnel record and 2) is permitted under A.R.S. §15-341:

Step 1 - Notice:

Upon the supervising administrator's determination of the existence of cause to impose discipline, the supervising administrator shall notify the certified staff member of intent to impose discipline. The notice shall be in writing and shall be delivered in person or by first-class mail. The notice shall include the following:

o The conduct or omission on the part of the certified staff member that constitutes the reason for discipline.

o A scheduled meeting time between the supervising administrator and the certified staff member. Such meeting shall be scheduled not more than ten (10) working days after the date the certified staff member receives the notice.

o A statement of the disciplinary action the supervising administrator intends to impose, including, if applicable, the number of days of suspension without pay.

o Copies of any available relevant documentation, at the discretion of the supervising administrator.

Step 2 - Discipline Hearing:

At the hearing, the supervising administrator shall discuss with the certified staff member the conduct that warrants disciplinary action and shall provide the certified staff member with any appropriate evidence and a copy of relevant documentation if not previously provided.

The supervising administrator shall conduct the hearing in an informal manner, without adherence to the rules of evidence and procedure required in judicial proceedings.

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Step 3 - Decision (in writing):

At the hearing, or within ten (10) working days following the hearing, the supervising administrator shall, in writing, inform the certified staff member of the decision. If the decision is to impose discipline, written notice of the discipline shall be enclosed. The written notice of the decision shall state that a copy of the notice, decision, and a record of the disciplinary action shall be placed in the certified staff member's personnel file and shall specify the date the discipline shall be imposed unless the certified staff member files a written request for appeal within five (5) working days after the decision is delivered to the certified staff member. If the certified staff member requests an appeal of the decision, the imposition of any discipline shall be suspended pending the outcome of the appeal.

Step 4 - Appeal:

Discipline imposed may be appealed at the next organizational level, in writing, to the appropriate administrator. Only when the discipline is determined by the Superintendent, or designee, shall the appeal be to the Governing Board, which, at its discretion, may appoint a hearing officer. The appeal shall contain a brief statement of the reasons why the certified staff member believes the administrator's decision is incorrect. Appeal is limited to one (1) organizational level above the level of the supervising administrator who imposed the discipline.

The appeal shall specifically describe the part of the determination with which the certified staff member disagrees:

Determination was founded upon error of construction or application of any pertinent regulations or policies.

Determination was unsupported by any evidence as disclosed by the entire record.

Determination was materially affected by unlawful procedure.

Determination was based on violation of any statutory or constitutional right.

Determination was arbitrary and capricious.

The penalty was excessive.

The supervising administrator, the Superintendent, or designee, or, when appropriate, the Governing Board or the Governing Board-appointed hearing officer may, at the conclusion of the appeal, uphold the discipline, modify the decision, or refer the matter back to the level from which it was appealed for rehearing and additional information. Such decision, along with specific direction as to the effective date of any discipline, shall be communicated to the certified staff

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member within a reasonable amount of time following the appeal, not to exceed seven (7) working days.

The assigned hearing officer shall, by use of a mechanical device, make a record of the appeal hearing.

This policy, under A.R.S. §15-341, does not apply to dismissal of a certified staff member except to the extent that the Governing Board may find, subsequent to dismissal proceedings, that a lesser form of discipline as set forth in this policy should be imposed.

Not all administrative actions regarding a certified staff member are considered "discipline," even though they may involve alleged or possible violations by the certified staff member. This policy addresses only discipline and has no application to any of the following:

The certified staff member evaluation procedure or the resulting evaluations as they pertain to the adequacy of the certified staff member's performance.

Letters or memorandums directed to a certified staff member containing directives or instructions for future conduct.

Counseling of a certified staff member concerning expectations of future conduct.

Nonrenewal of a contract of a certified staff member employed by the District for less than the major portion of three (3) consecutive school years (noncontinuing certified staff member).

General Provisions for Suspension without Pay or Dismissal under A.R.S. §15-539

Step 1 - Notice:

The Governing Board, except as otherwise provided by A.R.S. 15-539, shall upon receipt of a written statement of charges from the Superintendent, or designee, that cause exists for the suspension of a certified staff member without pay for a period longer than ten (10) school days or dismissal, shall give notice to the certified staff member of the Governing Board's intention to suspend without pay or dismiss the certified staff member at the expiration of ten (10) days from the date of service of the notice.

o If charges presented to the Governing Board for dismissal of a certified person allege immoral or unprofessional conduct, the charge or a resignation involving such charges shall be reported to the Department of Education.

o Whenever the statement of charges by the Superintendent, or designee, allege immoral or unprofessional conduct as the cause for dismissal, the Governing Board may adopt a resolution to file a complaint with the State Department of Education. Pending disciplinary action by the State Board, the certified staff member may be reassigned by the Superintendent, or designee, or the Governing Board may place the certified staff member on administrative leave and give notice to the certified staff member of the administrative leave of absence pursuant to A.R.S. §15-540.

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o As used in this policy, immoral conduct means any conduct that is contrary to the moral standards of the community and that reflects an unfitness to perform the duties assigned to the certified staff member.

The Governing Board, upon adoption of a written statement charging a certified staff member with cause for suspension without pay or dismissal, may immediately place the certified staff member on administrative leave of absence and give the certified staff member notice of the administrative leave of absence.

Written notice of the administrative leave of absence shall be served on the certified staff member personally or by United States registered mail addressed to the certified staff member at the certified staff member’s last known address.

Step 2 – Hearing for Suspension without Pay or Dismissal:

The Governing Board shall decide whether to hold a hearing on the dismissal or suspension of a certified staff member without pay for a period of time longer than ten (10) days as provided in A.R.S. §15-541.

o Hearings conducted pursuant to this section shall be conducted before a hearing officer, except:

When the Governing Board, at a legally convened meeting, determines the hearing for a particular employee will be conducted by the Governing Board.

If the Governing Board decides not to hold a hearing, the Governing Board shall designate a hearing officer to:

o hold the hearing,

o hear the evidence,

o prepare a record of the hearing, and

o issue a recommendation to the Governing Board for action.

If the parties cannot mutually agree on a hearing officer, a hearing officer shall be selected by the Governing Board from a list provided by the State Department of Education or the American Arbitration Association.

A hearing held pursuant to A.R.S. §15-541 may not be conducted by any hearing officer having a personal interest which would conflict with the hearing officer's objectivity in the hearing.

The hearing shall be held:

o not less than fifteen (15) days, nor

o not more than thirty (30) days.

o after the request is filed, unless all parties to the hearing mutually agree to a different hearing date.

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Notice of the time and place of the hearing shall be given to the certified staff member not less than three (3) days before the date of the hearing.

The certified staff member may request that the hearing be conducted in public or private.

The Governing Board shall provide any officer, appointee, or employee to be considered or discussed at a meeting with written notice of the executive session as is appropriate but not less than twenty-four (24) hours for the officer, appointee, or employee to determine whether the discussion or consideration should occur at a public meeting.

At the hearing the certified staff member may appear in person and be represented by counsel, if desired, and may present any testimony, evidence or statements, either oral or in writing, in the certified staff member's behalf.

An official record of the hearing, including all testimony recorded manually or by mechanical device, and exhibits shall be prepared by the Governing Board or the hearing officer.

The certified staff member who is the subject of the hearing may not request that the testimony be transcribed unless the certified staff member agrees in writing to pay the actual cost of the transcription.

Within ten (10) days after a hearing conducted by the Governing Board the Board shall:

o determine whether there existed good and just cause for the notice of dismissal or suspension, and

o affirm or withdraw the notice of dismissal or suspension.

Within ten (10) days after a hearing conducted by a hearing officer, the hearing officer shall:

o deliver a written recommendation to the Governing Board that includes findings of fact and conclusions.

Parties to the hearing have the right to object to the findings of the hearing officer and present oral and written arguments to the Governing Board.

The Governing Board has an additional ten (10) days to determine whether good and just cause existed for the notice of dismissal or suspension and shall render its decision accordingly, either affirming or withdrawing the notice of suspension or dismissal.

o Good and just cause does not include religious or political beliefs or affiliations unless they are in violation of the oath of the certified staff member.

Additional Provisions and Conditions

During the pendency of a hearing, neither the certified staff member nor the supervising administrator shall contact the Superintendent or a Governing Board member to discuss the merits of the supervising administrator's recommendation or charges and proposed discipline except as provided by this policy. No attempt shall be made during such period to discuss the merits of the charges with the person designated to act as hearing officer.

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The Governing Board shall keep confidential the name/s of a student involved in a hearing for dismissal, discipline, or action on a certified staff member's certificate, with exceptions as noted in A.R.S. §15-551.

Amendments. The District reserves the right to amend this policy in any way at any time. Any amendment shall have prospective application only.

Severability. If any provision of this policy is held to be invalid for any reason, such action shall not invalidate the remainder of this policy. If any provision of this policy conflicts with any provisions in any other policies adopted by the District, the provisions of this policy shall prevail.

Teachers Working Under a Short-Term Certification

A teacher who holds a teaching intern certificate, an emergency teaching certificate or another type of nonstandard certificate, that is valid for one (1) year or less, may be dismissed by the Board effective ten (10) days after delivery of the notice of dismissal to the teacher without complying with the requirements of A.R.S. conditions found in 15-537, 15-538, or 15-541. Notice of the Board's authority to dismiss pursuant to this shall be included in each teacher's contract.

Adopted: January 17, 2018

LEGAL REF.: A.R.S. §13-2911 §15-508 §15-541 §15-203 §15-514 §15-542 §15-341 §15-536 §15-543 §15-342 §15-538 §15-549 §15-350 §15-538.01 §15-551 §15-503 §15-539 §41-770 §15-507 §15-540

CROSS REF.: DKA - Payroll Procedures/Schedules GCJ - Professional Staff Non-continuing and Continuing Status GCO - Evaluation of Professional Staff Members

Article 8 -- Personnel Records and Files POLICY - GBJ - PERSONNEL RECORDS AND FILES Employees are required to supply the Human Resources department with current and complete official transcripts of all college credits if applicable to your position.

It is the duty and responsibility of each employee to keep current any certificates/licensures required to maintain the position.

The District will maintain a complete and current official personnel file for each District employee. Employees will be advised of, and will be permitted to review and comment on, all information of a derogatory nature to be placed in their respective personnel files. The employee may prepare a written reply to such information, and such reply, if any, will be appended to the information in the file.

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/15/00538.htm&Title=15&DocType=ARShttp://www.azleg.gov/FormatDocument.asp?inDoc=/ars/15/00538.htm&Title=15&DocType=ARShttp://www.azleg.gov/FormatDocument.asp?inDoc=/ars/15/00541.htm&Title=15&DocType=ARS

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Records reasonably necessary or appropriate to maintain an accurate knowledge of disciplinary actions regarding staff members and the staff members' responses will be maintained. Disciplinary action records shall be open to inspection and copying unless such inspection and disclosure of records or information in the records is contrary to law. To these ends, the Governing Board authorizes and directs the Assistant Superintendent for Human Resources to develop and implement a comprehensive and efficient system of personnel records maintenance and control.

The District may create such subfiles within a personnel file as are appropriate to ensure confidentiality of those files made confidential by law and efficient use of the file. Access to personnel files will be limited to authorized District officials and employees authorized to handle personnel files. Individual Governing Board members may only inspect confidential staff files when specifically authorized by the Governing Board, as evidenced by action of a quorum of the Governing Board in a legal meeting properly noticed. Employees may review their own files by making written requests to the Superintendent or designee. Certain materials obtained prior to an employee's employment, such as confidential recommendations or interview notes, will not be available for review by the employee.

Unless otherwise specifically provided by law, a school district shall not:

Use an individual's social security number on forms of identification.

Transmit to another individual material that contains both the individual's social security number and the individual's financial institution account number. This does not preclude the transmission of documents of enrollment, amendment, termination, or contracting for financial services nor does it preclude transmitting documents confirming the accuracy of the numbers previously submitted.

The Superintendent shall prepare procedures to implement this policy and A.R.S. 44-1373 which restricts use of personal identifying information.

Documents within a personnel file may be reviewed by the public only to the extent that disclosure is compelled as a public record.

Adopted: date of Manual adoption

LEGAL REF.: A.R.S. 15-302 15-502 15-537 23-926 23-1361 23-1362 38-233 39-121 et seq. 41-1346 et seq. 41-1482

CROSS REF.: DKA - Payroll Procedures/Schedules

KDB - Public's Right to Know/Freedom of Information

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Article 9 -- Rights to be Informed of District Rules RIGHTS TO BE INFORMED OF DISTRICT RULES Employees have a right to access all policies, regulations, procedures, guidelines and rules that give direction as to the District’s expectations of its employees. The District shall endeavor to inform employees of the policies, regulations, procedures, guidelines and rules that govern their conduct and behavior during employment.

Article 10 -- Duty-Free Lunch Campus/Site Administrators, or designees shall arrange work schedules, as appropriate, to permit all employees to have not less than thirty (30) continuous, uninterrupted minutes for lunch periods free of assigned duties when possible.

Article 11 -- TSEA Employee Involvement Section A - TSEA Employee Involvement Committees The Campus/Site Administrator or designee at each school shall attempt to meet monthly for a minimum of at least six (6) meetings a year with at least two (2) TSEA employees who are elected from among the staff as a whole. The election shall be completed by September 15 of each year. The purpose of the meeting shall be to discuss items of mutual concern. The Campus/Site Administrator or designee and the employee representatives at each school shall determine their own meeting days and times and shall inform all staff members of both. Section B - Continuous Improvement Plan (AdvancEd) Site Continuous Improvement Plan Committees, upon approval of the Board, will be made available to TSEA Representatives. TSEA Representatives may provide input to the Superintendent and the Board regarding Site Continuous Improvement Plans.

Article 12 -- Fringe Benefits Programs Per Policy GCBD, The Governing Board will approve professional staff fringe benefits each year during the budget process and may modify the benefits to meet the best interest of the District.

Minimum standards of eligibility for fringe benefits will be approved by the Governing Board.

Article 13 -- Long-Term Leaves of Absence The District shall make Family and Medical leaves available to eligible employees in accordance with the Family and Medical Leave Act (FMLA) and Policy GCCC Professional/Classified Staff Leaves of Absence without Pay. The District shall establish and administer in good faith a long-term leave of absence program whereby eligible employees may apply for and receive long-term leaves of absence for the following purposes:

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POLICY - GCCC - PROFESSIONAL/CLASSIFIED STAFF LEAVES OF ABSENCE WITHOUT PAY (Noncompensable Leaves of Absence Requiring Governing Board Approval) Noncompensable leaves of absence may be granted to employees by the Governing Board. A noncompensable leave may be:

An extension of a leave of absence from work duties that immediately follows another type of approved leave as defined elsewhere in policy.

For a leave of absence that benefits or is in the best interest of the District, as determined by the Governing Board upon review of the application.

For leave under the Family and Medical Leave Act.

Certain rights and benefits may be surrendered by employees if the resulting employment or contract qualifies them for part-time rather than full-time status.

Family and Medical Leave Act (FMLA)

The District shall fully comply with the Family and Medical Leave Act (FMLA) and all interim and final regulations interpreting the FMLA issued by the U.S. Department of Labor. Accordingly, all portions of this policy that pertain to the FMLA shall be interpreted in a manner consistent with the FMLA and its regulations. Subject to the conditions set forth herein, using the rolling calendar year, any eligible employee of the District may take up to twelve (12) weeks of FMLA for any one (1) or more of the following reasons:

The birth of a child of the employee and in order to care for such child and the first year care of the child.

The placement of a child with the employee for adoption or foster care.

In order to care for the spouse or a son, daughter, or parent of the employee, if such person has a serious health condition.

Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.

Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.

An eligible employee is one who has been employed by the District at least twelve (12) months and who has completed at least one thousand two hundred fifty (1,250) hours of service immediately prior to the time the FMLA leave is to commence.

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Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical facility, or outpatient care with continuing medical treatment by a licensed physician or health care provider. Any employee who has been employed by the District at least twelve (12) months and who has completed at least one thousand two hundred fifty (1,250) hours of service immediately prior to the time the leave is to commence shall be eligible for FMLA leave.

Special conditions applicable to FMLA. Entitlement to leave for the birth of a child or the placement of a child for adoption or foster care ends at the expiration of a twelve (12)-month period, beginning on the date of the event. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of twenty-six (26) workweeks of leave during a twelve (12)-month period to care for the service member. The leave described to care for a covered service member shall only be available during one (1) single twelve (12)-month period.

A husband and wife working for the District may be limited to a total of twelve (12) weeks of leave during each applicable twelve (12)-month period for leave for the birth of a child or the placement of a child for adoption or foster care and to care for an employee's parent with a serious health condition. The aggregate number of workweeks of leave to which both the husband and wife may be entitled under covered service member family leave combined with leave as described in the previous sentence shall be limited to twenty-six (26) workweeks during one (1) single twelve (12)-month period.

The District shall not require an employee to substitute accrued general leave for FMLA leave used by reason of a birth, adoption, or foster placement. An employee shall substitute accrued vacation leave for FMLA leave used by reason of a birth, adoption, or foster placement, to the extent available by policy, unless otherwise agreed to by the District. In any other circumstance, an employee's accrued general or vacation leave, or other applicable leave shall be substituted for FMLA leave, to the extent available by policy, unless otherwise agreed to by the District.

Notice. An employee must provide at least thirty (30) days notice before the FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption, or foster care, planned medical treatment for a serious health condition, or military service leave of the employee or family member. If thirty (30) days notice is not practicable, notice must be given as soon as practicable. The notice shall be in the form of a request for leave of absence as specified in this policy. The District may deny FMLA leave to any eligible employee until such time as the employee has provided the required notice.

Certification. All FMLA leave shall be supported by medical certificate provided by the employee's health provider in the form of the exhibit accompanying this policy. In any instance where the FMLA leave must be preceded by thirty (30) days notice, the medical certificate should accompany the request for leave of absence. In any other instance, the medical certificate should be provided within fifteen (15) days after the FMLA leave commences.

Certification of active military duty or call to active duty in support of a contingency operation for purpose of receiving family leave shall be required under the same conditions as FMLA certification for leave indicated above.

The employee may be requested (at the District's expense) to provide recertification of medical

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conditions in support of leave if the District feels that the circumstances so warrant and notice is given. Recertification shall not be required for intervals shorter than thirty (30) days.

Whenever a medical certification or recertification is required of an employee, notice describing such requirement and providing the form of such certification shall be provided to the employee. An employee shall not be denied FMLA leave or other rights under the FMLA unless a notice required by FMLA in such situation has first been provided to the employee.

In the case of continuation, recurrence, or onset of a serious health condition to the employee, covered family of the employee (including a service member being cared for by an employee) and the employee is unable to return to work, certification issued by the health care provider of the entity with the serious health condition shall be required to support the inability of the employee to return to work.

Intermittent or reduced time (IRT) leave. FMLA leave may be taken intermittently or on a reduced leave schedule under the following circumstances:

If medically necessary to care for a family member or for the employee's own serious health condition;

Because of any qualifying exigency the spouse, or a son, daughter, or parent, of the employee is on active duty, or notified of an impending call or order to active duty in support of a contingency operation; or

If approved by the District. The District may, for the term of the leave, transfer the employee to an alternative position with equivalent pay and benefits.

If the IRT leave is for an instructional employee (one whose principal function is to instruct students in a class, small group, or as individuals), the District can require the employee either to take leave for a period or periods of a particular duration not greater than the duration of the planned treatment or to transfer temporarily to an available alternative position with equivalent pay and benefits that provides better accommodation of recurring periods of leave, provided the leave is:

Requested to care for a qualifying family member or as a result of the employee's serious health condition preventing job performance;

Foreseeable, based upon planned medical treatment; and

For more than twenty percent (20%) of the working days in the leave period. The employee may be granted leave under these circumstances, subject to reasonable efforts to schedule treatment so as not to unduly disrupt the educational program.

Special end-of-semester circumstances for instructional employees. Under each of the following conditions, leave for an instructional employee may be required to continue to the end of the academic semester:

Leave begins more than five (5) weeks before the end of the semester, leave is for at least three

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(3) weeks, and return to employment would occur during the last three (3) weeks of the semester.

Leave other than for the employee's serious health condition begins within the last five (5) weeks of the semester, leave is for greater than two (2) weeks duration, and return to employment would occur during the last two (2) weeks of the semester.

Leave other than for the employee's serious health condition begins within the last three (3) weeks of the semester and leave exceeds five (5) working days.

Employee notification. With each request for FMLA leave, the employee shall be notified:

About FMLA by provision of the FMLA fact sheet (Exhibit EE).

As appropriate concerning the expectations, obligations, and consequences of taking FMLA leave per 29 C.F.R. 825.301 of FMLA. That FMLA leave may be withheld until a requested notice is provided or the time frame

is met. That if leave is granted to an employee who is unable to perform the work required,

restoration may be denied until the employee has complied with the request to provide medical certification of ability to return to work.

The District will post notices in conspicuous places on the District premises that provide a summary of FMLA and information on how to file a charge for an FMLA violation.

Health care continuation. An employee taking FMLA leave shall be entitled to have the health care plan in which the employee is participating continue under the same terms and conditions applicable to actively working employees. The District shall require the repayment of any health care premiums paid by the District for continuing coverage during the period of the FMLA leave if the employee fails to return to work after the FMLA leave expires and the failure to return is not due to circumstances beyond the employee's control.

Position restoration. Upon return from FMLA leave, an employee shall be restored to the same position held before the FMLA leave commenced or to an equivalent position with equivalent pay, benefits, and working conditions. The District requires an employee to provide a medical certificate from a health care provider that the employee is able to resume work before returning from FMLA leave for a serious personal health condition. The District may delay the return of an instructional employee from FMLA leave at the end of a semester, in accordance with Section 825.602 of FMLA rules. The District may deny restoration of position to any key employee (i.e., one who is among the highest-paid ten percent [10%] of all employees of the District), in accordance with Section 825.218 of FMLA rules.

A leave of absence requested pursuant to this policy may be:

Approved by the Superintendent, or designee, if the leave period does not exceed twelve (12) weeks; or

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Recommended by the Superintendent, or designee, and approved by the Governing Board if

the leave period exceeds twelve (12) weeks. A request for leave of absence shall not be denied by the District if the employee is entitled to the leave under the Family and Medical Leave Act. All other applications for leave of absence may be granted or denied by the District, in its sole discretion.

Each request for such a leave of absence shall be in a written application stating the purpose, starting date, and duration of the leave of absence, the reasons for its necessity or desirability, and any other information the applicant deems relevant to the request.

The leave of absence shall be only for the purpose and duration approved and may not be extended without written approval by the District.

All rights of continuing status (certified personnel only), retirement, salary increments, and other benefits shall be restored at the level earned when the leave was granted. All accrued general or vacation leave, and other paid leave shall be applied to the leave period unless otherwise agreed to by the District or prohibited by the Family and Medical Leave Act.

Adopted: April 17, 2013

LEGAL REF.: A.R.S. 15-510 Family and Medical Leave Act of 1993 29 C.F.R. Part 825

REGULATION GCCC-R - PROFESSIONAL/CLASSIFIED STAFF LEAVES OF ABSENCE WITHOUT PAY

(Noncompensable Leaves of Absence Requiring Governing Board Approval)

The following rules and regulations apply to noncompensable leaves of absence that may be granted by the Governing Board:

An extended leave may be granted for the following reasons:

For complete recovery from personal illness that extends beyond the period covered by another approved leave.

To care for a sick member of the employee's immediate family or resolve personal family issues.

Requests for an extended leave must be made in writing. The written request should be submitted to the Benefits Coordinator at least two (2) weeks prior to the anticipated beginning of the extended leave or as soon as reasonably possible based on circumstances.

For personal illness or the illness of an immediate family member as listed below, the request

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must include details about the specific nature and documentation in support of the request.

Extended leaves of absence may not exceed one (1) year.

Requests for a voluntary reduction in contract approved for a one (1) year period: Employees who have gained continuing status may request a voluntary reduction in contract

of one-tenth (0.1) or more by applying in writing, indicating a detailed purpose of the leave to Human Resources, with copies to the principal or supervisor. All requests must be received prior to March 1, each year for the upcoming school year.

Leave requests for the five (5) following reasons require employees to have completed three (3) or more years of continuous service with the District. These types of leaves are for one (1) year only. ▪ Elected Office. To campaign for or serve in county, state, or national office.

▪ Exchange Program. To serve as an exchange teacher or as an overseas teacher.

▪ Further Education to Improve Instruction. For the purpose of improvement of instruction

through f