ARTICLE V – CONTRACTS AND CERTIFICATION
5.01 Contracts of Members
A. Limited Contract
A limited contract is entered into by the Board with each member who holds a temporary or provisional certificate or license.
B. Continuing Contract
A continuing contract is entered into by the Board with a member who has at least three (3) years experience in the Akron Public Schools and who holds an 8-year or permanent certificate, or who converts a 4-year certificate to a 5-year license, or who converts a 2-year license to a 5-year license.
In the case of a member having attained continuing contract status elsewhere in the United States, if the continuing contract was held within the last five (5) years, the member shall be granted continuing contract status after one year of employment with the Board. If more than five (5) years have passed since the continuing contract was held, the member shall be granted continuing contract status after two (2) years of employment with the Board.
A continuing contract shall remain in effect until the member resigns, retires, or until the contract is terminated as prescribed by law.
C. Troops To Teachers
The Board agrees to grant continuing contract status to a member working under the Ohio Troops to Teachers program who is not working in a core subject area when the member has completed the following requirements:
· Three years of successful full-time teaching in the Akron Public Schools
· An approved Individual Professional Development Plan (IPDP)
· Completed 15 hours of coursework in accordance with the IPDP
Upon completion, the member shall notify APS Human Resources and provide appropriate transcripts and a copy of his/her approved plan.
Consistent with the Master Agreement (5.03), if requirements are completed prior to March 15th, the member shall be considered, for the purpose of staff reduction, as holding continuing contract status.
5.02 Teaching Certification of Full and Part Time Members
A certificate or license, issued by the Ohio State Department of Education and valid for the specific assignment of the member, must be on file in the Department of Human Resources. While the Superintendent will make every effort to give each member prior notice of the expiration date of the member’s certification or license, it is the sole responsibility of the member to provide the Superintendent with a certificate or license, original or renewal.
The following procedures apply to members who do not have a valid certificate or license on file as of the first work day of the school year:
A. Contract Teacher – Initial Year of Employment
The member shall be paid at the appropriate salary level for the first sixty calendar days of employment so long as the member has applied for a certificate or license. If, after the first sixty days, the member is not properly certificated or licensed, but has applied for and been granted a substitute certificate, the member shall be paid as a long term substitute teacher, including fringe benefits. Upon receipt of the proper certification or license, the Board shall place the member on the appropriate step on the salary schedule and pay the member retroactively to the effective date of the certificate or license the difference between the long term substitute rate and the salary the member would have been paid had a valid certificate or license been on file.
If, after the first sixty calendar days of employment, the member is not properly certificated or licensed and does not hold a substitute certificate, the member shall not be permitted to work. Upon receipt of proper certification or licensure, the member shall be restored to his teaching position and paid in accordance with the provisions above, but shall not be entitled to compensation for days not worked.
B. Contract Teacher – Subsequent Year of Employment
A member who does not hold a substitute certificate will not be permitted to work. If the member holds a substitute certificate, he shall be paid as a long term substitute, including fringe benefits, effective the first work day of the school year and through the first semester. Upon proper certification or licensure prior to the beginning of the second semester, the member shall be placed on the salary schedule and paid retroactively to the effective date of the certificate or license the difference between the long term substitute rate and the salary the member would have been paid had a valid certificate or license been on file.
A member who fails to secure proper certification or licensure prior to the beginning of the second semester shall, at the Board’s discretion, be removed from his position and subject to immediate termination. The parties intend that this provision shall specifically supersede any inconsistent requirements or procedures contained in O.R.C. 3319.16.
C. Tutors and Part Time Hourly Teachers – Initial Year of Employment
Tutors and part time hourly teachers shall be paid for the first sixty calendar days of employment so long as the member has applied for a certificate, license or waiver. If, after the first sixty days, the member is not properly certificated or licensed, or does not hold a waiver, but has applied for and been granted a substitute certificate, the member shall be paid at the substitute rate for his or her respective job code. Upon receipt of the proper certification, license or waiver, the Board shall place the member at the appropriate hourly rate and pay the member retroactively to the effective date of the certificate, license or waiver the difference between the member’s substitute hourly rate and what the member would have been paid had a valid certificate, license or waiver been on file.
If, after the first sixty calendar days of employment, the member is not properly certificated, licensed or does not hold a substitute certificate or waiver, the member shall not be permitted to work. Upon receipt of proper certification, licensure or waiver, the member shall be restored to his teaching position and paid at the appropriate hourly rate, but shall not be entitled to compensation for days not worked.
D. Tutors and Part Time Hourly Teachers – Subsequent Year of Employment
Tutors and part time hourly teachers who do not possess a valid certificate or license at the beginning of the school year for the subject area they are teaching shall not be permitted to work. If the member holds a substitute certificate, the member shall be paid the substitute rate for the respective job code, including fringe benefits, if any, effective the first work day of the school year. Upon proper certification or licensure, the member shall be placed at the appropriate hourly rate and paid retroactively to the effective date of the certificate or license the difference, if any, between the substitute rate and the rate the member would have been paid had a valid certificate or license been on file.
Members are considered properly certificated or licensed when the certificate or license is posted to the Ohio Department of Education certification website or when written notification, including email, from the Ohio Department of Education indicates that the teacher is certificated or licensed.
5.03 Professional Certificates
The procedures for securing a professional certificate or license shall be governed by applicable State Department of Education standards. If a member’s application for a professional certificate or license is submitted to the Department of Human Resources by March 15, the member shall be considered, for the purpose of staff reduction, as holding continuing contract status.
When approval of a member’s application for conversion of a provisional certificate to a professional certificate by the Executive Director - Human Resources is in doubt, a conference shall be held within ten (10) days, or at a time mutually agreeable, with the member, the Executive Director – Human Resources, the building principal, and a representative of the AEA, at which time the reasons for the refusal shall be reviewed. Following the conference, a written summary of the conference and the reasons for the refusal shall be provided to the member. Procedures for reapplication shall also be a part of the communication.
5.04 Permanent Certificates
The procedures for converting a professional certificate into a permanent certificate of like type shall be governed by applicable State Department of Education standards. When approval of a
member’s application for conversion of a professional certificate to a permanent certificate is refused by the Superintendent, the member shall be notified of the refusal and the specific reasons for the refusal in writing within ten (10) days of the receipt of the application.
Upon request of the applicant a conference shall be held within ten (10) days, or at a time mutually agreeable, with the Executive Director – Human Resources, the building principal, and a representative of the AEA, at which time the reasons for the refusal shall be reviewed.
Should the Superintendent fail to approve the application within ten (10) days following the conference, it becomes subject to the grievance procedure.
5.05 APS-AEA Local Professional Development Committee
The APS-AEA Local Professional Development Committee (LPDC) is established for the purpose of reviewing course work and other professional development activities completed by educators within the district for renewal of certificates and/or licenses.
The operation of LPDC shall be governed by the LPDC By-Laws and Plan of Operation and Procedures Manual. Amendments to the Manual shall be made as provided for therein, and with the mutual agreement of the President and the Superintendent.
The LPDC shall adopt an annual appropriations budget within the level of state allocated support under the Local Professional Development Block Grant, plus or minus any carry over balance or deficit balance amounts. Copies of said budget shall be provided to the President and the Superintendent.
Members who leave their classroom position to serve in the capacity of “Contact Person” for the Local Professional Development Committee shall have the right to return to the position at the end of their one year term as Contact Person.
5.06 Professional Growth Plan
The parties agree to establish not later than September 1, 1999, a Joint Committee whose responsibility it shall be to create a Professional Growth Plan. The plan shall include a series of core courses developed within the Akron Public Schools in which members may enroll for CEU or graduate credit. The core courses shall be designed toward teaching and learning in relationship to the Akron Public Schools Strategic or Continuous Improvement Plan.
The core courses shall in sum or part lead to a thirty (30) hour Master Degree. The Committee shall investigate and recommend an institution or institutions through which graduate credit may be issued for completion of the core courses. Cost of credit shall be considered as one of the factors in the recommendation.
The program shall be in place commencing with the 2000-2001 school year.
The Committee shall be chaired by the Director of Staff Development. The Superintendent and the President shall each appoint three members, at least one of whom shall be a member of the AEA-APS LPDC for the respective sides.