3.27 Facilities
The buildings shall be kept in a safe, healthful condition with hallways, restrooms, faculty lounges, classrooms and lunchrooms kept clean.
The Superintendent shall provide a telephone for the exclusive use of the members in buildings where the October 1 enrollment exceeds 500. The location of the telephone shall be determined by the School Faculty Council or Building Leadership Team. No long distance telephone calls are to be charged to designated faculty phones. Charging long distance calls to said phones may be cause for reprimand.
As soon as possible, the Superintendent shall make available in each building:
A. The Superintendent shall provide a minimum of two (2) telephone lines to every elementary school, with an extension from one (1) of these lines for use by the school faculty. The location of the telephone, with the extension line, shall be determined by the School Faculty Council or Building Leadership Team. No long distance telephone calls are to be charged to the designated faculty telephone. Charging long distance calls to said phones may be cause for reprimand.
B. A Faculty Lounge – Not less than one (1) room, appropriately furnished and vented, shall be reserved for use exclusively as a faculty lounge.
C. Equipment – Each member shall be provided with a desk and chair for his/her exclusive use.
D. Storage Facilities – Adequate storage facilities in which teachers may safely store instructional supplies shall be provided in each classroom in each building.
E. Workroom – Each school shall have a workroom reserved for the use of members and containing equipment and supplies necessary for the preparation of instructional materials.
F. Supplies – Adequate teaching materials and supplies for the preparation of instructional materials, including Kindergarten and special education materials and supplies, shall be available at all times beginning with the first (1st) week of school.
G. Lunch Area – A reserved or separate lunch area shall be provided for members.
H. Parking Facilities – Each school shall have adequate parking facilities accessible to the school for the use of the entire staff, during the work hours of the staff. The Superintendent shall make every reasonable effort to keep parking lots free of snow, ice, debris, etc.
I. Rest Rooms – Separate, clean, well-lighted faculty rest rooms shall be provided for men and for women in each building.
J. Whenever possible, classrooms used as student lunchrooms shall be cleaned by the custodial staff following the lunch period.
When all the aforementioned facilities cannot be immediately provided for a building, the administrative staff shall develop and present to the AEA and the Board a reasonable timetable for compliance with this section.
3.28 Staff Participation in School Design
Prior to the design of a school building, or a school building addition, or major remodeling involving instructional facilities, the architect – or his/her designate – shall meet with the members of the affected school or with a committee of members selected by the Superintendent or his/her representative, who shall be representative of grade levels or disciplines to be housed in the building, to discuss educational specifications for the structure. The same group or committee shall review the preliminary drawings prior to the preparation of working drawings. Should the architect determine not to incorporate recommendations of the members’ committee, a written explanation shall be provided to the committee, the President, the Superintendent and the Board.
For construction projects covered by the Master Plan with the Ohio School Facilities Commission (OSFC), members in a particular building will be given an opportunity to participate in the public community meetings held for that building for the purposes of discussing the design of the new community learning centers.
3.29 Grievance and Complaints
An aggrieved person is a member or members having a grievance.
A “grievance” is a claim by a member based upon an event which is an alleged misinterpretation or misapplication of any of the provisions of this Agreement.
The purpose of the grievance procedure is to secure, at the lowest possible level, proper solutions to grievances. Both parties agree that the grievance proceedings shall be kept confidential at all levels of the procedure.
In order that grievances may be processed as rapidly as possible, the number of days indicated at each level are maximum. Every effort shall be made to expedite the procedures. The time limits may only be extended by written mutual agreement of both parties.
The aggrieved person or persons may be represented at all stages of the grievance procedure by any person of his/her own choosing.
The AEA shall have the right to have its representative present at all stages of the specified grievance procedure.
If the grievance procedure is not initiated within fifteen (15) work days after the aggrieved person or persons knew, or should have known, of the event or condition upon which it is based, the grievance shall be considered waived. An event or condition based on the number of teacher preparations, or on the number of pupils per teacher, or on physical conditions in the building shall be deemed a continuing condition, and a grievance based on such a continuing condition may be initiated without regard to the aforementioned time limitation.
Grievants and respondents shall utilize the grievance forms mutually agreed upon by the parties.
Grievances shall be resolved as follows:
Level One
The aggrieved person shall file a grievance in writing with his/her building principal with copies to the President and the Executive Director – Human Resources. The principal shall within five (5) work days after receiving the grievance submit a written answer to the grievance to the Executive Director – Human Resources, with copies to the President and the aggrieved person. Upon review by the AEA Grievance Committee, the grievance, within ten (10) days after receipt of the principal’s reply, will be either:
1) Signed-off by the President or designee as resolved, or
2) Filed at Level II with the Executive Director – Human Resources
Upon referral of a grievance to the Executive Director – Human Resources at Level Two, and by mutual agreement, a conference between the President and/or his/her designee and the Executive Director – Human Resources and/or his/her designee may be held to seek a solution to the grievance. The conference shall be held within ten (10) work days of the submission of the grievance at Level Two.
When a conference is held, the Executive Director – Human Resources shall, within five (5) work days after the conference, review the grievance and give a written response to the aggrieved person, the President and the chairperson of the AEA Grievance Committee.
When a conference is not mutually agreed on, the Executive Director – Human Resources shall within ten (10) work days after receipt of the referral of the grievance by the President, review the grievance and give a written response to the aggrieved person, the President and the chairperson of the AEA Grievance Committee.
Should the Grievance Committee decline to refer the grievance further, it shall, within ten (10) work days, notify the aggrieved person, and the Executive Director – Human Resources, in writing, of such decision. In such event, the aggrieved person may forward the grievance, in writing, to the Executive Director – Human Resources independently. However, if the written grievance is not referred by the aggrieved person to the Executive Director – Human Resources within fifteen (15) work days after the Grievance Committee has declined, in writing, to refer such a grievance, the grievance shall be considered waived.
If a grievance affects a group or class of members, AEA may submit such grievance in writing, signed by two or more aggrieved members from two or more buildings, directly to the Executive Director - Human Resources, when such grievance is not directed at an individual building principal or is not within the authority of that principal to resolve. Such grievance shall be processed, commencing at Level Two.
Level Three
The President may, within fifteen (15) work days after the answer of the Executive Director – Human Resources, notify the Executive Director – Human Resources of the intent to submit the grievance to arbitration, or by mutual agreement of the parties, submit the issue(s) to grievance mediation. Submission of an issue to grievance mediation shall toll the timelines for arbitration. The parties will attempt to identify joint stipulations of facts and issues for submission to mediation or arbitration.
A. Grievance mediation procedures shall be as follows:
1. The parties shall mutually agree to a panel of three (3) mediators on an annual basis, July 1 through June 30.
2. A mediator, from the panel, shall be selected on a rotating basis depending upon availability, to hear grievances.
3. The mediator shall schedule a meeting within five (5) work days of the receipt of a referral. The mediator shall utilize any procedures acceptable to the parties to attempt to reach a resolution of the grievance.
4. The mediator, at the conclusion of the mediation meeting, shall issue an oral opinion on the resolution of the grievance which, if acceptable, may be memorialized by the parties.
5. If the grievance remains unresolved following mediation, the Board, the President or designee, will notify the other party with five (5) work days and may immediately submit the grievance for arbitration under the steps provided in this section.
6. The comments and opinions of the mediator, and any settlement offers put forth by either party, shall not be admissible in any subsequent arbitration of the grievance, nor be introduced in any future grievance proceedings.
7. Costs for the mediation shall be shared equally by the AEA and the Board.
B. The arbitration procedures shall be as follows:
The President and the Executive Director – Human Resources shall establish a panel of seven (7) arbitrators to hear and decide cases for one (1) year period on a rotating basis.
After any arbitrator on the panel has rendered an award, either party, within ten (10) work days, may remove such arbitrator from the panel. In addition, if either party requests by August 1 of any school year, one or more arbitrators shall be removed from the panel. In either event, the parties shall attempt to agree on additional arbitrator(s) to complete the panel within ten (10) work days of the removal of an arbitrator from the panel. The parties shall request a list or lists, as the case may be, of arbitrators from the American Arbitration Association or, at the option of the parties, the Federal Mediation and Conciliation Service. The parties shall then alternately strike names from the list(s) until the number of arbitrators remaining equals the number needed to complete the panel of seven (7) arbitrators.
Within ten (10) work days of the notification to the Executive Director – Human Resources, the President and the Executive Director – Human Resources shall select the arbitrator. The arbitrator selected to consider a particular grievance shall be that arbitrator next in order of rotation who can schedule the hearing with the parties within twenty (20) work days and render a decision within fifteen (15) work days of the closing of the hearing or the filing of briefs, if they are desired, whichever is later.
The arbitrator shall schedule a hearing within twenty (20) work days, and at a time mutually agreeable to both parties. The parties agree to cooperate to obtain expedited procedures. If briefs are to be filed, they must be filed within fifteen (15) work days of the hearing. When a transcript has been requested by either party, the brief must be filed within fifteen (15) work days of receipt of the transcript or thirty (30) work days of the hearing, whichever is earlier.
The arbitrator shall report recommendations for settlement of the grievance to the President, the Executive Director – Human Resources, and the President of the Board within fifteen (15) work days of the completion of the hearing. The Board shall accept or reject the arbitrator’s recommendation by official action within fifteen (15) work days of the date of the arbitrator’s report of award.
Costs incurred for the arbitration shall be shared equally by the AEA and the Board.
3.30 Pilot Programs
Pilot Programs initiated on behalf of the Board shall not be implemented unless the consent of the majority of the teachers to be involved therein is obtained. Where a Pilot Program requires conferences or meetings beyond the contractual school day, members shall be paid at the summer school hourly rate.
3.31 CPR Certification
The Superintendent shall make every effort to schedule CPR clinics for coaches on the half-day inservice day prior to the first student day.
In the event the Superintendent is unable to schedule clinics in this manner, coaches shall be compensated at an amount pro-rated on their daily rate of pay, for time spent in attendance at CPR clinics held at a time other than during the half-day inservice day, unless the clinics are scheduled within the work day.
The superintendent shall also schedule mandatory refresher clinics in a similar manner, and shall compensate coaches in a like manner if refresher clinics are held at a time other than during the half-day inservice day, unless the clinics are scheduled within the work day.
3.32 Job Sharing
Members with at least three (3) consecutive school years of full time classroom teaching, who are seeking to form a possible Job Sharing team for the following school year, must notify the Executive Director -–Human Resources prior to March 1. A listing of interested teachers will be posted in all buildings by March 10. The posting will contain the member names, certification and current or most recent teaching assignment. The formation of Job Sharing teams is the responsibility of the interested parties.
Members who have formed Job Sharing teams must notify the Executive Director – Human Resources by April 1 of their desire to be employed on a half-time basis for the following school year. These Job Sharing teams shall be ranked on the basis of the team members’ combined system-wide seniority, and—in cases of ties—earliest hire date; those teams with the greatest seniority and/or earliest hire date shall be assigned Job Sharing positions to a maximum of twenty-five (25) teams per year and a maximum of twenty (20) percent of the full time classroom teaching positions in an individual building. All members making application for Job Sharing positions shall receive notification of acceptance or rejection no later than May 1.
Job Sharing teams are formed for one academic year. Members who wish to continue in the Job Sharing program for a subsequent school year must reapply. Job sharing teams which reapply shall be given priority over newly formed teams for each consecutive year they wish to participate for four additional years beyond their first year. A member may not participate in the Job Sharing program for more than ten (10) school years unless the full complement of twenty-five (25) teams has not been filled. Only the school years subsequent to 1995-1996 shall be counted toward the ten (10) year limit on an individual’s participation in Job Sharing.
The Job Sharing team will assume the present teaching assignment of one of the team members. At the conclusion of Job Sharing, the member who vacated his/her position to assume part-time status will be reassigned under the Member Initiated Request for Transfer provision of this Agreement. The member who retained his/her assignment during Job Sharing will assume full-time status in the same position that was occupied by the team.
Members of a job share team will work an equal amount of time within each payroll period, providing they work the equivalent of at least two (2) full days each week.
The practice of working on a full-time basis for half of the school year and not working the other half is not permitted.
Members assigned to part-time positions under this section shall be compensated at one half (1/2) the level which the member would receive under a full-time contract. If a member elects to take fringe benefits, costs for hospitalization, term life insurance, dental and vision coverage shall be shared equally by the member and the Board.
Job sharers shall accumulate sick days at the rate of 7.5 days annually. Upon use of sick days, job sharers shall have one-half day deducted from their accumulated sick day total per day of use, and shall be paid at their half-time rate per day of use.
For severance pay computation purposes, a member who retires from a job sharing position shall have his or her severance benefit computed on the basis of the member’s daily rate of pay had said member been employed under a full-time contract.
Any member of a Job Sharing team may withdraw his/her consent to be a team member for the subsequent school year by submitting a written request for withdrawal prior to 5:00 P.M. on the Monday before the second Board meeting in April of each year. The request to be removed from a Job Sharing team must be received in the Department of Human Resources by this specified date and time.
If no withdrawal request is filed prior to this time, the Job Sharing team members will be committed to their half-time Job Sharing contracts for the following school year, and the team may be dissolved only with the mutual consent of both team members and the Executive Director – Human Resources.
3.33 Middle School Study Committee
The parties agree to establish a ten (10) member joint study committee consisting of equal numbers to be chosen by each side to review in a comprehensive fashion all issues pertaining to the implementation of the middle school generalist team concept. All grievances which may arise with respect to any aspect of the middle school generalist team concept shall be referred to the Middle School Study Committee for consideration and resolution. In the event the grievance cannot be resolved by the Middle School Study Committee within ten (10) work days, it may then be referred to the grievance procedure set forth in Section 3.29, and such processing shall begin at Level Two. This committee shall submit its recommendations, no later than May 15, 1989, to the AEA and the employer.
3.34 Entry Year/Mentor Program
For the purposes of the Mentor Program, an Entry Year Teacher shall be defined as any first year full contract teacher working under a Two Year Provisional License.
Entry Year Teachers must participate in the Mentor Program. Entry Year Teachers shall be assigned a Mentor from the district’s Mentor Pool.
Members interested in becoming mentors may nominate themselves by filing an application to the Mentor Program Coordinator.
The Mentor coordinator in conjunction with the District Mentor Selection Committee shall select and assign Mentors based on established criteria, which may include subject area, accessibility, and professional compatibility. The District Mentor Selection Committee shall be comprised of an equal number of administrators appointed by the superintendent and teachers appointed by the Association president.
Mentor Teachers shall not participate in the evaluation of the Entry Year Teacher.
All interactions between the Mentor Teachers and the Entry Year Teachers shall be confidential except as otherwise directed by law. Violation of confidentiality will be grounds for dismissal from the Mentor Program.
1. Each newly hired full time classroom teacher who is in the first year of experience under his/her teaching license shall be considered a mentee an may select or be assigned by the principal a building mentor from those teachers currently employed by the Akron Public Schools who have at least one (1) year of classroom teaching experience in the Akron Public Schools.
2. The employer shall establish a fund of $30,000 at the beginning of each school year for use in connection with the Entry Year Mentor Program. This money will be made available for paying substitute teacher costs for the release of mentor teaches and/or their respective mentees, as well as for payment of normal workshop and/or seminar expenses and material costs. This money shall also be available for payment of meeting expenses, including light refreshments for meetings by and among various groups of mentors/mentees.
3. Requests for release time covered by substitutes and other expenditures out of the Entry Year Mentor Program fund shall be made in advance by the mentor, mentee, or both, as they deem necessary throughout the school year. Such requests shall be transmitted and processed in the same fashion as requests for other types of release time and requests for expenditures of educational excellence monies. All reasonable requests for release time covered by substitutes and/or other expenditures are to be granted until such time as the $30,000 maximum is reached.
4. In the event a substitute or other request is denied, the requesting party may appeal such denial to the Advisory Committee for the Entry Year Mentor Program which shall consist of:
a) two (2) administrators selected by the employer;
b) two (2) teachers selected by the President;
c) one (1) current mentor teacher selected by the four (4) appointed committee members.
5. It shall be the duty of the mentors to help their mentees. Mentors shall not participate in the teacher appraisal program, nor shall they have any role, directly or indirectly, in any proceeding concerned with termination or non-renewal of a mentee’s contract.
1. Those teachers forced to teach in an alternate area of certification than that of the previous school year by invocation of the “to protect a member’s continuing employment” exception of this Agreement (Section 3.11, paragraph 1) and who have not taught in the alternate area of certification in the past five (5) school years shall have access to the funds and program specified in 3.34 A. 1-5 above.
2. These members shall have access to entry year mentor program funds for partial of full reimbursement of expenses related to a program for retraining/updating in the alternate area of certification, provided the program has the prior approval of the Superintendent. Expenses shall be limited to tuition, textbooks, and such other expenses as have prior approval of the Superintendent.
3. These members shall have access to entry year mentor funds up to $200 for classroom supplies above and beyond those ordinarily provided by the Board.
3.35 Alternate Elementary School Day Schedule
A. Each elementary building shall determine the time allocations for lunch and for recess and the timing of the lunch and/or recess period(s) through a committee process. The committee shall be composed of the principal, the AEA Building Representative, the School Faculty Council chairperson or a Building Leadership Team member, and two (2) teachers appointed by the School Faculty Council or Building Leadership Team chairperson. The committee shall consult with representatives of the parents (for example, PTA leadership) and the classified staff members of the building. After consulting, the committee shall attempt to reach consensus. If consensus is not attained, the members shall vote with each member, the principal included, having one vote. The majority shall decide.
B. In those buildings where the alternate (earlier, shorter) school day is implemented, Section 3.05 I shall not apply. Instead, each member shall receive 120 to 135 minutes per week break in pupil contact time, said time resulting from one period of instruction per week in art, music, and physical education.
C. In those buildings where the alternate school day is implemented, the activity supervisors shall be assigned to supervision of noon time activities, notwithstanding the designations of the School Faculty Council or Building Leadership Team.
D. If the alternate school day eliminates unpaid duty assignments during the noon hour, then not more than one (1) additional meeting per month may be scheduled upon mutual consent of the building representative and the principal. Said meeting may be initiated by the principal or the building representative. These meetings shall not exceed forty-five (45) minutes in length. The provisions of 3.18 (C) and (D) do not apply to these meetings
3.36 Non-Resident Members Children in Akron Public Schools
Non-resident members shall have the right to enroll their dependent children in any Akron Public Schools subject to the provisions of inter and intradistrict open enrollment policies and guidelines, and the provisions of the Ohio Revised Code.
3.37 Vocational Education Development Committee
A committee of not more than five (5) administrators appointed by the Superintendent and the same number of members appointed by the President shall research and provide direction for vocational education to meet state standards and new mandates. Recommendations of the committee shall be determined by majority vote of the committee.
Recommendations which include proposed variations to the Agreement or which may affect terms and conditions of employment in such a manner as to require further bargaining under O.R.C. 4117 shall be submitted to the Joint Professional Problems Committee. The Joint Professional Problems Committee, by a majority vote of its membership, may approve implementing the recommendations of the Vocational Education Development Committee pending the next reopening of negotiations.
3.38 Administrative Promotion/Placement; Assignment of Grades
In the event a student is placed in or promoted to the next grade in opposition to a member’s professional judgment and recommendation, a written record of the placement or promotion shall be made with a copy provided to the member and also placed in the student’s permanent record file.
Members are responsible for assigning student grades. No grade may be arbitrarily changed. If the issue of a proper grade is raised, members are expected to produce adequate records to justify a grade given.
3.39 Psychologist Advisory Council
School Psychologists may form an Advisory Council. The purpose of the Council shall be to provide a means of communication between the psychologists and the Chief Psychologist. The Chief Psychologist shall meet monthly during the year with the Advisory Council.
The council shall serve in an advisory capacity, except that decisions with respect to the Medicaid Psychologist shall not be advisory, but binding.
3.40 Alternative Programs
Alternative instructors shall be responsible for the complete program of student instruction.
The instructional day shall not total less than 20 hours per week, excluding lunch, and shall include some additional activities of an instructional or other nature as deemed appropriate by the instructor.
Alternative instructors shall be held accountable for improvements in attendance, discipline and achievement.
The Board shall provide for the establishment of budget-based Alternative programs that shall meet the following criteria:
Each program shall enroll a minimum of 20 students per FTE teacher. Alternative programs that enroll 20 students shall have a supplemental budget of $11,000 to be used for extended time, supplemental personnel, supplemental materials and student activities. Alternative programs that enroll 30 students shall have a supplemental budget of $33,000 to be used for extended time, supplemental personnel, supplemental materials and student activities.
The building principal and/or counselor shall refer students to the Alternative teacher for placement in the program. After the Alternative teacher reviews and evaluates student records, the teacher shall select students for appropriate placement in the program. If the student fails to meet the program expectations, he/she shall be placed back in the regular school setting.
Any student in an Alternative program shall exhibit at least one of the following characteristics:
· Absence of more than twenty percent of previous semester
· Failure to pass more than one academic course in pervious semester
3.41 Program Implementation
The following procedures apply to buildings desiring to implement academic programs that may include components which conflict with the collective bargaining agreement.
The certificated staff assigned full time to buildings considering implementing such a program shall have the opportunity to be fully informed by the principal and/or the Assistant Superintendent, Curriculum and Instruction, of the proposed implementation, including content, member and administrative responsibilities, duration and potential conflicts with the agreement.
A BLT shall submit a request to the Joint Professional Problems Committee to implement a program not later than April 1 of the school year immediately prior to the year for which the implementation is planned.
In buildings where no BLT exists, an 80% majority vote of the members assigned full time to the building is required to submit a request. The vote shall be conducted by the principal and the AEA building representative and shall be by secret ballot.
The Joint Professional Problems Committee shall vote to approve or deny requests no later than thirty days after receipt of a request. The Superintendent and the President shall cooperate with building faculties in implementing programs submitted to and approved by the Joint Professional Problems Committee.
3.42 Building Closure and Relocation
Whenever a member is required to move due to a building closure or relocation to another site due to the building construction project, the Board shall provide a substitute for members for three (3) days. This allocation of subs is provided for members to pack personal and Board materials in their classrooms.
In the event of a building closure or relocation at the end of the school year, substitutes shall be provided for two days.
For building closures or relocations at the end of the school year, members may opt to pack materials after the close of school. Members who elect this option must pack material the first two work days following the close of school and shall be paid a stipend equivalent to the cost of a substitute for two days.
The Board recognizes that among grade levels and subject areas, the time required to move a room varies. At the request of the building principal, the Superintendent may authorize additional substitute coverage. Disputes arising under this paragraph may be referred to Professional Problems for settlement.