3.11 Reassignment and Transfer
Reassignment and transfer of members outside this section shall be limited to the following items and only after consultation with the President: (a) to achieve or maintain a balance of race or sex of the staff within each building; (b) at least sixty percent (60%) of the staff in each building shall have had prior teaching service in the Akron Public Schools; (c) to protect a member’s continuing employment.
The necessity for maintaining comprehensiveness and staffing for co-curricular activities may constitute overriding reasons for transfer outside this established policy. The Department of Human Resources shall notify the President of the circumstances requiring transfer outside this established policy at the time such deviations from established policy occur. No more than two (2) full-time members may be reassigned from one (1) school building to another during any school year under this exception.
For purposes of reassignment and transfer of a full time member split among buildings (excluding art, music and physical education teachers), the member shall be considered as being full time in each building in the event of a reduction or increase in the number of staff members assigned to the building. Said member shall have the right to any increase in staffing in either building before transfers of members to the building are made.
To the extent Ohio/Federal law and State Department of Education regulations require that teachers be highly qualified in the subject area in which they are teaching, no member may file, nor shall Human Resources process, a member-initiated request for transfer to a position for which the member is not highly qualified as of June 30.
Members who are involuntarily transferred to a 7-12 vacancy for which they are not highly qualified will be required to obtain HQT status for that assignment by June 30 of that school year or under the current state and federal guidelines, whichever is later. A member who refuses to become highly qualified by the deadline shall be required to file an involuntary transfer form requesting a position for which they are highly qualified. In the event there is no vacancy into which the member may transfer, the member’s contract shall be suspended until such time as a vacancy becomes available.
The Superintendent shall furnish to the AEA the most current draft copy of each school’s building organization sheet not later than July 15.
Additionally, the Superintendent shall provide to the AEA a record of all reassignments made under the provisions hereunder. Records of reassignments made as a result of the annual initial staffing in response to known vacancies and properly filed transfer requests shall be provided at the time teachers are notified of their inter-building reassignments or transfers. The provision of these records shall mark the conclusion of the annual initial staffing. Records regarding reassignments made after the annual initial staffing shall be provided to the AEA within seven (7) calendar days after requested by the AEA or the first student day, whichever is earlier.
Shared Classrooms
Whenever the number of teachers assigned to an elementary building exceeds available classroom space, a member in that building may agree to share a classroom with another member. A shared classroom is a classroom to which two (2) full time members and two (2) classes are assigned, or a classroom to which a full time floating teacher is assigned for a portion of the day. Members cannot be required to share a classroom.
All shared classroom vacancies shall be filled in the same manner as vacancies in 3.11A and B. Shared classroom assignments are for one year only. Such assignments may be renewed if the need for them continues the following year, and if the parties agree to continue the shared classroom arrangement.
In the event there is no longer a need for a shared classroom assignment, or in the event members decline to continue sharing a classroom, the following shall apply if the transfers are necessary:
If a vacancy exists in the building, the member who transferred into the building specifically for the shared assignment may accept the vacancy or transfer out of the building.
If a vacancy does not exist in the building, the member who transferred into the building for the shared assignment shall file a decrease in enrollment transfer.
If a vacancy does not exist in the building, and no member was transferred to the building specifically to share a classroom assignment, then the least senior member in the building will be transferred in accordance with 3.11B.
When assignment of additional staff to a building requires one or more shared classroom arrangements, and there are no members in the building volunteering to share a classroom in order to accommodate additional staffing, the Board may decline to assign additional staff to the building.
Posting of Vacancies
A list of known system wide vacancies as of May 15 shall be posted in each building no later than May 20. A copy of this posting shall be sent to the President no later than May 20.
A. Intra-Building Transfer or Reassignment
A member desiring to transfer from one (1) grade level to another or from one (1) subject to another within the building shall file a request for transfer with the building principal prior to May 1. The building principal shall notify the member in writing prior to May 10 of the approval or disapproval of such request; if the request is disapproved, the notification shall include the reason for such disapproval. Decisions in these transfers are subject to appeal, in writing, to the Executive Director – Human Resources, who shall respond to each appeal in writing. The appeals process shall be completed by May 20.
In the event the principal’s decision is upheld by the Executive Director – Human Resources, the member may elect to file an Inter-Building transfer request as outlined in B. 1. b. 1. below, specifying the vacancy requested in the Intra-Building Transfer request denied by the principal.
B. Inter-Building Transfer or Reassignment
Inter-building transfer and reassignment of full time members only shall be on the basis of seniority in the Akron Public Schools.
1. Inter-Building Transfer or Reassignment – Annual Staffing
When selecting members for transfer and/or selecting members to fill vacancies occurring during the annual initial staffing, priorities shall be observed in the following order:
· Reassignments due to building closings and changes in vertical organization shall be completed before any other transfers or reassignments are made.
· Member-initiated requests for transfer and transfers due to changes in student enrollment and/or program termination.
· Principal-initiated transfer requests.
a. Due to Building Closings or Changes in Vertical Organization (A vertical reorganization is a transfer or elimination of an entire grade level from a building organization.)
Transfer request forms for reassignments due to building closings or changes in vertical organizations shall be filed in the Department of Human Resources no later than June 1. When such reassignments are necessary, those highest in seniority within this category of transfers shall be reassigned first.
The priority in transfer granted to this category of transfer requests shall exist only for the initial placement. Subsequent movement to schools to which the member has assigned a higher ranking for transfer purposes than the ranking assigned the school to which the member received initial placement shall be based solely on the member’s seniority in the same manner as member initiated requests for transfer below.
b. Member-Initiated Requests for Transfers and Transfers Due to Changes in Student Enrollment and/or Program Termination.
Member-initiated requests for transfer and transfers initiated by the administration due to changes in student enrollment and/or program termination shall be filed in the Department of Human Resources no later than June 1. Members requesting a transfer and members transferred because of changes in student enrollment and/or program termination shall be reassigned by order of seniority, those with the most seniority being assigned first.
1. Member-Initiated Requests
A member desiring to transfer from one building to another shall file a “Teacher’s Request for Transfer.” Prior to June 30, any member may, in writing, withdraw a request to transfer and the withdrawal shall be honored. The Executive Director – Human Resources shall notify the President of the total number of teacher-initiated requests for each building prior to July 10. Whenever the requests for transfer within a building exceed thirty percent (30%) of the number of members within the building, an investigation of causes within the building shall be conducted during the ensuing school year by a committee composed of the AEA Professional Problems Committee and a committee appointed by the Executive Director – Human Resources. The results of the study, with appropriate recommendations, shall be forwarded to the Superintendent.
2. Transfers due to Changes in Student Enrollment and/or Program Termination.
Members transferred under the provisions of this section of the Agreement shall be selected as outlined below:
A conference between the member transferred under these provisions and the building principal shall take place on or before June 1. The member may, if he desires, schedule a conference with the Executive Director – Human Resources any time after June 1.
Should intra-building reassignments be necessary, the member shall have the right, on a seniority and certification basis, to any existing vacancy. If there are no volunteers, the member with the least seniority in the affected area of certification shall be appointed to the vacancy.
In determining members to be transferred because of a change in vertical organization or because of enrollment changes and/or program termination, volunteers shall first be transferred on a seniority basis, those with the most seniority being transferred first, after which transfers will be made on the basis of seniority as follows:
In the elementary school, the member with the least seniority shall be transferred.
In the middle schools and high schools, the member with the least seniority who is assigned to the area in which the reduction is being made shall be transferred. However, in cases where a member’s certification would permit him/her to be assigned to an alternate department in which there is a member with less seniority, the latter member shall be transferred.
Following annual staffing, should a vacancy occur in a building prior to five work days before the first work day assigned to the member’s job code, a member transferred from that building shall return to the building before new transfers or new assignments to the building are made provided the member has indicated that desire on the member’s transfer form and the member is offered and accepts the option to return to the building. If there are no members returning to the building, said vacancy shall be filled by the most senior member eligible for transfer under any of the provisions above who had requested assignment to the building where said vacancy has occurred provided the new vacancy is a higher preference on the teacher’s transfer form than the position assigned to the member at the time the vacancy is being filled and provided the member accepts the assignment. No more than two members shall be transferred due to any one vacancy being filled under the provisions of this paragraph. Any vacancy remaining shall be filled by members as yet unassigned on the basis of seniority, then by new hires.
Any vacancy occurring within five days of the first work day assigned to a member’s job code shall be filled by members as yet unassigned on the basis of seniority, then by new hires. New hires assigned in this manner shall be informed that the assignment is temporary and that the member will be reassigned the following year.
The Department of Human Resources shall notify a member who is eligible for transfer following annual staffing. A member who cannot be contacted within a twenty-four (24) hour period shall forfeit his/her right to said transfer.
c. Principal-Initiated Request for Transfer
A transfer request initiated by a building principal must be preceded by a conference with the affected member on or before May 1. Such requests shall be submitted to Human Resources no later than May 15.
The Executive Director, Human Resources, may, upon receipt of a Principal-Initiated Request for Transfer, transfer a member for the following reason: refusal by a member to teach any curriculum adopted at the building level by the Building Leadership Team, including those programs adopted under Section 3.41 herein.
Prior to the last school day, the member may submit a written request for a hearing to the Executive Director – Human Resources. The member shall have an opportunity to appear before the Executive Director – Human Resources and offer reasons counter to the transfer. The hearing shall be scheduled within fifteen (15) work days following the receipt of the request.
The member shall have an opportunity to be represented by the AEA.
2. Intervention Specialist Transfers
A request for transfer out of Special Education shall not be accepted in the case of any teacher until three (3) full years of service with the Board have been completed. This provision shall not apply to all persons hired before July 1, 1985.
When it becomes necessary to transfer special education teachers because of decreasing enrollment, including reassignment of units from one (1) building to another, the following shall apply:
a. A member whose unit is reassigned shall have the option of transferring with the unit.
b. In the event the member elects not to transfer with his/her unit, volunteers from the affected area of certification shall be the first transferred. The most senior volunteer shall be transferred first.
c. If there are no volunteers, the least senior member in an area for which the affected member holds a certificate shall be transferred.
3. Elementary Special Subject Teacher Transfers
a. Elementary special subject teachers (art, music, physical education) shall retain a combination assignment whose net weekly time equivalency does not change, unless the teacher requests and is granted a teacher-initiated transfer.
b. Elementary special subject teachers shall retain majority time assignments (2.5 or greater time equivalency) unless the teacher is transferred in accordance with other provisions under this section.
c. Any increase in a majority time assignment within the first twenty (20) student days will be given to the person in the building with the majority time assignment.
d. Elementary special subject teachers shall be assigned to minority time buildings (2.5 or less time equivalency) by the administrators in charge of the respective departments who shall consult with the teachers being assigned to such schools prior to assignment.
e. In making adjustments during the first twenty (20) student days, the Superintendent maintains the right to reschedule any and all minority assignments for the purpose of minimizing the number of art, music and physical education teachers assigned to each building.
f. Subject to the limitations set forth herein, after the twentieth (20th) student day, an increase in a building’s art, music, and physical education teacher equivalency resulting from an increase in the number of sections shall be filled at the discretion of the Department of Human Resources.
g. If a minority assignment grows into a majority assignment after the first twenty (20) student days and is projected to remain a majority assignment for the following school year, in the following year the assignment will be given to the person who had the larger time assignment in that building during the year in which the growth took place.
h. After the twentieth (20th) student day, any teacher assigned to a majority assignment who still has an inflated schedule as determined by the art, music, and physical education teacher equivalency formula may be reassigned, reducing his or her schedule to no less than the equivalency assigned to that building.
i. Any assignment that does not grow into a majority assignment during a school year but is projected to be a majority assignment for the subsequent school year is not covered by this agreement.
j. The administration shall establish equivalencies and combine building assignments based on the following formula:
1, 2, 3 sections .1 (1/2 day)
4, 5, 6 sections .2 (1 day)
7, 8, 9 sections .3 (1 ½ days)
10, 11, 12 sections .4 (2 days)
13, 14, 15 sections .5 (2 ½ days)
16, 17, 18 sections .6 (3 days)
19, 20, 21 sections .7 (3 ½ days)
22, 23, 24 sections .8 (4 days)
25, 26, 27 sections .9 (4 ½ days)
28, 29, 30 sections 1.0 (5 days)
31 or more sections *
* .1 for every three (3) sections or fraction thereof over 30.
k. A section is defined as an elementary kindergarten through fifth grade classroom or a special education class that goes to art, music or physical education as a separate class. In buildings with two or more special education classes that attend art, music or physical education classes included in a regular class, an additional .1 (1/2 day) equivalency shall be allocated to the building.
l. Because of difficulties in establishing combination assignments, it may be necessary for the Superintendent to split a majority time assignment.
m. Special subject teachers who lose their room(s) after the start of the school year within the same building shall have .5 day without students for the purpose of moving and storage of materials; special subject teachers required to move to another building shall have up to 1.0 day(s) without students for the purpose of moving.
n. In elementary buildings where the Vocal Music Teacher is required to travel, a portable keyboard and stand (cart) shall be provided. In buildings where more than one vocal music teacher is teaching at the same time, a second keyboard and stand (cart) shall be provided.
o. Before being displaced due to another school function, special subject teachers shall be provided at least one week notice of that function by the building principal.
p. Special subject teachers who travel within the day shall be provided a minimum of thirty (30) minutes for travel. This time shall not be considered planning time.
4. International Baccalaureate Program
Individuals who have transferred into an I/B program position under section 3.11, Reassignment and Transfer, shall be required to complete the training component(s) for the I/B program as listed in the job posting for the position and within the timeframe required by the governing body for I/B. If the required training has not been completed within the mandated timeframe, the individual will be required to transfer from the position.
Should an I/B program position become vacant due to a decline in student enrollment, and no staff member within the building elects to be assigned to the position, the least senior member within the affected curricular area would be offered the position. If the least senior member declines to accept the position, then the position will be filled pursuant to the reassignment and transfer provisions of Section 3.11.
C. Fall Assignment, Reassignment or Transfer Due to Enrollment Changes
The Board may transfer between buildings up to eight (8) members (excluding Intervention Specialists) under the provisions herein. Additional transfers may be made only upon agreement of the President. The Board may transfer no more than six (6) Intervention Specialists.
Fall transfers of members including Intervention Specialists between buildings and grade levels shall be made within the first fifteen (15) student days except for elementary special subject teachers (art, music, physical education) whose transfers shall be made within the first twenty (20) school days. The transfer of teachers other than elementary special subject teachers shall be made based upon the second Friday report as follows:
A list of fall vacancies shall be provided not later than the Tuesday following the second Friday report to each building in which a member is being reduced. Members identified for inter-building transfers herein shall select, on the basis of seniority, from among the vacancies on Thursday following the second Friday report. Members shall be given not less than one day to move materials and prepare the classroom to which they have been reassigned. Intervention Specialists transferred under these provisions shall be granted a $100 supply allowance for purchase of supplies either through the Akron Public Schools warehouse or through private vendors. The rules governing the purchase of these supplies are the same as those governing teacher supply allowance expenditures in Section 8.22 of the Master Agreement.
In the event a vacancy occurs in a building from which a member was involuntarily transferred, that member shall be offered the opportunity to return to the building. If the member returns to the building, then the assignment from which he is transferring shall be listed among the vacancies referred to above.
If a member, including an Intervention Specialist, must be reassigned because of a decrease in student enrollment, volunteers shall be transferred first, on a seniority basis, those with the most seniority being transferred first. If there are no volunteers, the following shall apply:
In the elementary school, the member including Intervention Specialists with the least seniority shall be transferred.
In the middle and high schools, the member including Intervention Specialists with the least seniority who is assigned to the area in which the reduction is being made shall be transferred. However, in cases where a member’s certification would permit him to be assigned to an alternate department in which there is a member with less seniority, the latter member shall be transferred.
3.12 Position Vacancy
If a teacher leaves a teaching position prior to November 1, and the vacancy will continue for the rest of the school year, the position will be filled by a contract teacher unless a candidate with proper certification is unavailable.
After November 1, the position mentioned above will be filled by a substitute.
If a new teaching position is created prior to the end of the first semester, the position will be filled with a contract teacher unless a candidate with a proper certification is unavailable.
If a new teaching position is created after the start of the second semester, the position will be filled with a substitute teacher.
A. Ratio Position-Posting and Notification
Vacancies for any position, present, new, or additional, below the salary ratio of 1.24 will be publicized by sending a written notice to each building for posting in the school office, faculty lounge, or other appropriate place in each school or department, except that the positions of family and consumer sciences, work and family, and Grads shall be filled pursuant to section 3.11, Reassignment and Transfer.
The notice of vacancy should be posted at least ten (10) work days prior to the application deadline, and it shall clearly set forth the qualifications for the position.
Teachers who desire to apply for such positions shall file an application in writing with the Executive Director – Human Resources within the time limit specified in the notice.
All applicants will be notified in writing when the position has been filled. Such notification must be received by the unsuccessful candidates within ten (10) work days after the position has been filled except in cases where interviews are being conducted to develop an eligibility list.
Whenever an administrative or supervisory vacancy must be filled promptly, notification of the vacancy and the reasons for the urgency of filling the position will be provided to the President.
Members of the bargaining unit who leave their assignment (building and subject area) to accept a permanent administrative assignment are not guaranteed a return to their assignment. Said members may return to a bargaining unit position through the spring transfer process. A member returning to the bargaining unit shall be assigned through the transfer process on the basis of zero (0) years seniority in the Akron Public Schools.
Members of the bargaining unit who leave their assignment (building and subject area) to accept a temporary administrative assignment are guaranteed a return to their assignment if the temporary assignment ends within the same school year. If the temporary administrative assignment continues into the following school year, the member may only return to the unit through the spring transfer process on the basis of zero (0) seniority in the Akron Public Schools.
Members of the bargaining unit who leave their assignment (building and subject area) to accept a temporary administrative assignment during two consecutive semesters separated by a summer recess are not guaranteed a return to their assignment. Said members may return to a bargaining unit position through the spring transfer process on the basis of his or her seniority in the Akron Public Schools.
All appointments shall be made without regard to age, race, religion, color, national origin, sex, marital status, or handicap.
B. New Teacher Position Vacancy
When there is a vacant teaching position in a building requiring a new hire and it is possible to do so, Human Resources will provide three (3) candidates to be interviewed and selected by the Building Leadership Team or, where no Building Leadership Team exists, by the principal in consultation with selected members of the staff.
When a new teacher is being hired into an identified position in a specific building, the Building Leadership Team shall be responsible for selecting the teacher to be hired. At least half of the four (4) applicants to be interviewed shall be members with three (3) or more years of service as tutors or substitute teachers in the district. A member must have substituted a minimum of sixty (60) days in a school year for a year of credit under the provisions of this section.
Tutors and substitutes assigned to the building in which the vacancy exists shall not be excluded from the interview process for that building’s opening.
The Superintendent may assign a minority teacher to a building in order to maintain or establish a proper faculty racial balance.
3.13 Resignation, Termination, or Non-Renewal of Contract
A. Resignation
A member may resign without adverse consequence provided the written resignation is submitted prior to July 10, and further provided the effective date of the resignation falls after the last day of school but prior to July 10. The Board may seek the suspension of teaching certification for any member who may resign after the tenth (10th) day of July or when schools are in session. Members who wish to resign must submit a resignation in writing to the Executive Director – Human Resources at least ten (10) days before the effective date of the resignation.
B. Non-Renewal of Contract by the Board
The principal of each school is responsible for submitting to the Executive Director – Human Resources, not later than the last work day of December, a written report concerning any member whose performance is not satisfactory and to give to the member a copy of the report which must include a statement of what has been done to help the member. This report must be based upon a minimum of two observations and must reflect the criteria contained in the forms used for the observation and appraisal process provided in section 3.09 of the Agreement.
Not later than the last day of March, the principal is required to make a second written report and to include a statement of further efforts to help the member. This report shall be based upon a minimum of three observations, at least one of which shall be conducted in each of the months of January, February and March. If the principal becomes convinced the member should be dismissed, the principal must submit a written report and recommendation for dismissal to the Executive Director – Human Resources, and must give a copy to the member prior to April 10. The principal’s decision must be based upon the criteria contained in the forms used for observation and appraisal in section 3.09 and must reflect only what is on the observation reports.
The procedures for non-renewal of contracts listed above do not apply to supplemental contracts. Supplemental contract non-renewal notices will be noted on the face of the supplemental contract and do not require any additional notice of non-renewal, pursuant to this Agreement or Ohio law.
C. Termination of Contract by the Board
Before terminating the contract of any member or refusing to renew the contract of any member with three (3) consecutive years of service in one (1) building, or five (5) or more years of service in the Akron Public Schools, the Board shall furnish the member a written notice signed by the Treasurer of its intention to consider the termination of his/her services, with full specifications of the grounds for such consideration. Unless the member so notified demands, in writing, within ten (10) days subsequent to the receipt of said notice, an opportunity to appear before the Board and offer reasons against such termination, the Board may proceed with formal action to terminate services. If said member, within 10 days after receipt of notice from the Treasurer, demands in writing a hearing before the Board, the Board shall provide for such a hearing. The hearing shall be conducted under the rules set forth in Section 3319.16 of the Ohio Revised Code.
Except for those hearings provided for in Section 3319.16 of the Ohio Revised Code, other hearings required hereunder shall be closed hearings, conducted before a committee of the Board. The committee’s recommendation shall be presented to the Board for approval or rejection.
D. Staff Reduction
1. Full-Time
When a member is released from assignment due to decreased enrollment of pupils, return to duty of regular teachers after leaves of absence, lack of program funding, curriculum changes, or for any other reason, the member holding that assignment shall have priority in transfer according to the provisions outlined in Section 3.11, II, A, 2. of this Agreement.
In the event there is no available position for which the member is certified, the members in that area of certification on limited contract shall be listed according to seniority and the contract of the member with the least seniority shall be suspended.
In the event all of the contracts of the members on limited contract have been suspended, the contracts of the members in that area of certification on continuing contract shall be suspended in accordance with the provisions of Section 3319.17 of the Ohio Revised Code.
Members whose continuing or limited contracts have been suspended shall have the right of restoration to service in the Akron Public Schools in order of seniority if and when positions become vacant or are created for which any of such members are, or have become, qualified.
The administration shall maintain a recall list of all members whose contracts have been suspended. The recall list shall be organized on the basis of seniority and certification.
A member who is recalled to an assignment at the same level (elementary, middle or high school) to which he or she was assigned at the time of contract suspension shall accept the assignment or be removed from the recall list. The Board has no obligation to employ any member who declines recall under the circumstances above.
A member who is recalled to an assignment at a level (elementary, middle or high school) different from the level to which he or she was assigned at the time of contract suspension shall have the right to refuse the assignment and remain on the recall list without penalty. A member’s right to refuse recall under these circumstances shall be limited to one occurrence. Any subsequent recall offer refused by a member shall result in the member being removed from the recall list.
Assignments to which members are recalled shall be permanent, except that any member recalled to a position for which there are two or more time schedules shall be informed that the assignment is temporary. Members so assigned shall file a transfer form in accordance with 3.11 B. l. b. by June 1.
2. Part-Time
For the purposes of staff reduction among part-time members, said members shall be classified in groups according to job codes as follows:
039, 452, 451, 454 Title I and 100 Book Challenge Tutors
039 Special Education Tutors
039 ESL Tutors
In the event of a reduction in force of part-time members in the job code classifications above, members in the classification being reduced shall be listed according to years of service and the contract of the member with the least years of service shall be suspended. No certificated member may be reduced before all degreed but non-certificated members are reduced, nor shall any degreed member be reduced before all non-degreed, non-certificated members are reduced.
Part-time members whose contracts have been suspended shall have the same procedural rights to recall as full-time members.
E. Termination of Supplemental Contracts by the Board
Before terminating the supplemental contract of any member, the Board shall furnish the member a written notice signed by the Treasurer of its intention to consider the termination of his/her contract, with full specification of the grounds, including incident(s) and/or date(s) for such consideration. Unless the member so notified demands in writing, within ten (10) days subsequent to the receipt of said notice, an opportunity to appear before the Board and offer reasons against such termination, the Board may proceed with formal action to terminate the contract. If said member, within ten (10) days after receipt of the notice from the Treasurer, demands in writing a hearing before the Board, the Board shall provide for such a hearing. The hearing shall be conducted under the rules set forth in Section 3319.16 of the Ohio Revised Code. The hearings shall be closed hearings conducted before a committee of the Board. The committee’s recommendation shall be presented to the Board for approval or rejection.
F. Policy Regarding Disability Retirement
If a member is unable to perform satisfactorily the duties of his/her position because of physical or other disability, or is required to apply for disability retirement, his/her contract status shall not be terminated. The member’s insurance coverage shall be continued at Board expense until such time as the disability retirement application is approved by STRS and monthly benefits and STRS hospitalization coverage commences.
In the event the member’s application for disability is denied by STRS and the member has exhausted his/her accumulated sick days, the Board shall continue to provide insurance coverage to the member for forty-five (45) work days after the STRS Board has ruled that the member’s application has been denied. During this forty-five (45) day period, the member has the right to appeal the STRS denial or to apply for illness leave.
The Board shall maintain insurance coverage for a member who has exhausted his/her sick days and has filed, in a timely fashion, an appeal with STRS. The Board shall provide insurance coverage under these circumstances until STRS rules on the member’s appeal or for six (6) months, whichever is less.
A member who fails to appeal an STRS decision to deny his/her application for disability retirement or who fails to apply for illness leave within forty-five (45) work days shall be placed on unrequested leave and shall be responsible for the cost to the Board for maintaining his/her insurance coverage. Upon notice of denial of disability leave, a member must immediately notify the Executive Director – Human Resources to request placement on leave, or intention to return to work.
Eligibility Requirements
Members must meet the eligibility set by STRS for disability retirement.
Application
Members must follow the application procedures set by STRS for disability retirement.
Termination of Disability
Under current STRS procedures, disability retirement may be terminated following the member’s written request to the STRS Board. Before such termination is effective, the member must be examined by a medical examiner representing the STRS Board which must then approve such termination.
Membership and service credit in the Retirement System are retained during disability retirement. A member who earns 2 (two) years of contributing service credit in STRS, PERS, or SERS following termination of disability retirement receives credit toward service retirement for the period on disability retirement.
Contract Status
A member who was under contract when granted disability retirement and who has not resigned is on leave of absence for his/her position during the first five (5) years on disability retirement. If disability retirement is terminated by the Retirement Board within the 5-year period, the member is entitled to be restored to the same or to a similar position and salary not later than the next September 1.
3.14 Professional Personnel Records
According to State Department of Education requirements, certain personnel records shall be kept up-to-date and on file for reference at all times. These and other personnel records shall be filed in the Department of Human Resources.
These personnel records include:
a. Application for employment, including references.
b. Copy of the latest contract, properly signed.
c. Copy of latest salary notice.
d. Health certificate card.
e. Health History card.
f. Ohio teaching certificate.
g. Personnel record card.
h. Personal and professional data form.
i. Transcript of college credits showing the official record of the degree granted, original or certified copy.
j. Record of military service.
k. Record of tuberculosis or X-ray.
The Department of Human Resources shall provide copies of all written documents that the member has a right to review upon written request of said member. Such documents shall be furnished within ten (10) days. Current cost per copy shall be determined by the Treasurer.
Members shall have the opportunity to read any material which may be considered derogatory to the member’s conduct, service, character, or personality, before it is dated and placed in his/her personnel file.
The member shall acknowledge that he/she has read the material by affixing his/her signature to the copy to be filed and a copy shall be given to the member. His/Her signature shall not indicate agreement with the content of the material, but indicates only that the material has been inspected by the member. He/She shall also have the opportunity to reply to such derogatory material in a written statement to be attached to the filed copy.
Members shall be informed within five (5) days of any written complaint by a parent, student or supervisory person which is directed toward that member and may become a matter of record. Only signed written complaints can become a matter of record.
Anonymous letters or materials shall not be placed in a member’s file nor shall they be made a matter of record.
Each member shall have the right, upon request, to review all contents of his/her own personnel file, with the exception of items a. and i. listed above. A representative of the Association may, at the member’s request, accompany the member in such a review.
The President shall have the right to examine, at the member’s written request, the complete files pertaining to the member.
3.15 Tuberculosis Test for Employees
All new employees of the Board are required to present documented evidence of having a negative tuberculosis test (Mantoux Test 5 TU PPD) within ninety (90) days before their first day of employment. If the member is a positive reactor, the member must have a chest X-ray and any other medical and laboratory examination deemed necessary by the member’s physician or board of health of the City of Akron to determine the absence of tuberculosis in a communicable state within ninety (90) days before his/her first day of work.
This information must be submitted to the Department of Human Resources and will become a part of the member’s health history records.
3.16 Building Financial Statements
Copies of the monthly appropriations status report shall be posted in the teacher’s lounge(s) for at least three (3) school days within two (2) weeks following the beginning of each month.
Rules and regulations governing the transfer of funds from club accounts to the school general account shall be posted in the teacher’s lounge(s) in each building for the inspection of the general staff. Such posting shall be within two (2) weeks following its submission to the Office of Business Affairs.