ARTICLE IX WORKING CONDITIONS
East Providence School District
9.1 Length of School Year
9.1.1 The work year of teachers will begin no earlier than the first Tuesday after Labor Day and shall terminate not later than June 30th and shall be no more than one hundred eighty-three (183) days for all returning teachers including the day before school opens which shall be used for the purpose of attending faculty and departmental meetings and for general preparation. The work year for Guidance Counselors at the Vocational Education facility shall be one hundred ninety-seven (197) days per year including fourteen (14) days/per diem of gross salary.
The Superintendent shall have the discretion to schedule additional professional development and/or curriculum development beyond the school year. Said days shall be voluntary. Any teacher who volunteers for said professional development and/or curriculum development shall be compensated at thirty-nine dollars and forty-six cents ($39.46) per hour.
9.1.2 New teachers may be required to attend orientation meetings prior to the opening of schools as planned by the Superintendent of Schools. Department Heads and Coordinators shall also be required to be present on the Friday before school opens.
All guidance personnel in the Middle Schools will work at their per diem rate two (2) days before all other teachers report and two (2) days after school closes for the purpose of scheduling and reports.
All guidance personnel in the Senior High will work at their per diem rate three (3) days before all other teachers report and two (2) days after school closes for the purpose of scheduling and reports.
NOTE: (These days may be shifted as long as the TOTAL number of days do not exceed the above totals.)
The work year for the Director and/or Coordinator of Guidance shall be in accordance with the past practice.
9.2 Length of School Day
9.2.1 Teachers will have a workday of not longer than six and three-quarters (6 ¾) consecutive hours per day. (In the elementary schools, the school day for teachers will be six and one-half (6 ½) hours and an average of one (1) hour and fifteen (15) minutes every other week will be devoted to common planning time or professional development, scheduled by the building administrator in consultation with the faculty before the start of the student day.) The scheduling of common planning time shall be decided by each elementary school by a majority vote of the teachers. Common planning time may not be used for faculty meetings; it may be used for professional development not more than once per month.
The workday will include ten (10) minutes before the starting time of the student and will end fifteen (15) minutes after the dismissal time of the student.
The starting and ending times for each school will be fixed by the Superintendent in order to accommodate the student day, the teachers’ day and economical bus scheduling. No teacher’s workday shall commence earlier than 7:00 a.m.
9.2.2 The Association recognizes that a teacher’s responsibility may necessitate remaining after the official closing of the school day as long as is reasonable to fulfill obligations relating to special help for students.
9.2.3 Teachers will not be required to sign a late sheet that accumulates attendance beyond five (5) school days.
9.3.1 Teachers agree to attend two (2) evening meetings per school year for the purpose of parent conferences. The first meeting should be preferably at the end of the first term and the second preferably in the third term. Said meetings shall not exceed two (2) hours. When a teacher is assigned to teach classes in two (2) or more different schools, the teacher agrees to attend meetings in each school. However, the total meeting time shall not exceed two (2) hours.
9.3.2 Teachers shall not be required to attend more than fifteen (15) after school meetings in a year, of which no more than three (3) shall be scheduled in a month, for principal’s meetings, or meetings called by the department chairman/coordinator, vice principal through the principal, or the Central Office Staff. Teachers shall be informed at least five (5) days in advance of any after-school meeting, except in cases of emergency. Said meetings to be approximately one (1) hour in length. Additional meetings shall be held on a voluntary basis. Teachers will be available for individual parent conferences at a time mutually established by the teacher and the parent.
9.3.3 Professional Development
Prior to the end of each school year, the President of the Association will meet with the Superintendent or his designee together with the Curriculum Advisory Committee to provide input in planning for curriculum development and planning work. There shall be a Professional Development Committee made up of teachers and administrators (3 to 1 ratio of teachers to administrators with each of the parties appointing its respective members) to develop and plan curriculum development and professional growth. Included in this training shall be information and training on site based decision making.
9.3.4 Superintendent’s Meetings
Teachers may be required to attend two (2) additional after school meeting each year of the Contract called by the Superintendent. Teachers shall be informed at least five (5) days in advance of such after-school meeting, except in cases of emergency. Said meeting shall be approximately one (1) hour in length.
9.4 Lunch Period
Teachers shall have an uninterrupted duty-free lunch period of twenty-five (25) minutes. Teachers shall take their lunch period either on or off school premises provided, however, teachers shall notify the school office when they leave the school premises and when they return.
9.5 Preparation Periods
9.5.1 Senior High School - The teaching schedule at the Senior High School shall include a minimum of six (6) preparation periods per teacher per week.
Whenever there is a departmental double preparation period at East Providence High School, the teachers shall be free to engage in collaborative curriculum work.
Middle Schools - The teaching schedule at Martin and Riverside shall include a minimum of an average of one preparation period per teacher per day.
9.5.1b Preparation periods are defined as cumulative time. For each education level, principals may schedule preparation periods on days, at times, and for durations of their choice so long as the teacher received the total preparation time each week that this agreement calls for.
9.5.2 Elementary - The School Committee agrees to improve the distribution of planning time for classroom teachers in elementary schools. The fifteen (15) minutes before and after school shall be considered as principal time and not a part of planning time. The following shall be considered as planning time:
9.5.2a The time when Special Subject Teachers (art, music, physical education and librarians) are conducting classes and recess time.
9.5.2b The School Committee guarantees a minimum of two hundred twenty-five minutes of planning time per week each calendar week of school including recess time.
9.5.2c For the purpose of this section, Special Subject Teachers (formerly called itinerant teachers) in the elementary schools, that is, library science, music, physical education and art, shall be treated as a separate classification. They shall be guaranteed a minimum of two hundred twenty-five (225) minutes of planning time per week including principal time.
9.5.3 Preparation time for kindergarten teachers shall be in accordance with that listed below. It is understood that principal time shall not be a part of preparation time. The official school day for students in the elementary schools will begin as determined by the Superintendent each school year between 7:30 a.m. and 9:00 a.m.
Note: All times listed in the following Kindergarten schedules are only examples and not mandated starting times.
Example of School Day in Elementary Schools
1. Assume the single session of the official school day for the students in the elementary schools in the East Providence School System begin at 8:45 A.M. and concludes at 2:45 P.M.
2. Children shall be allowed to enter the classrooms at 8:40 A.M. for preparatory activities under teacher supervision.
3. Teachers shall report for duty in preparation for the school day not later than 8:30 A.M. for the morning session.
4. Teachers shall remain in their classrooms and be available for student help until 3:00 P.M.
5. Physical education classes shall be held for one hundred (100) minutes each week in Grades 1 through 5.
6. There shall be a recess period for students in Grades 1 through 5 of fifteen (15) minutes which shall consist of supervised activities.
7. Kindergarten sessions shall be from 8:45 A.M. to 11:15 A.M. for the morning session and 12:15 P.M. to 2:45 P.M. for the afternoon session. Students may enter their classrooms at
8:40 A.M. for preparatory activities under teacher supervision in the morning session and at 12:10 P.M. for preparatory activities under teacher supervision in the afternoon session.
8. Kindergarten classes shall have one (1) break per session of supervised physical activities. This break may take the form of either a recess period or a physical education period. In either case these shall be supervised activities.
9. During period of inclement weather Kindergarten children shall be allowed to enter their classrooms at 8:30 A.M or 12 noon in the case of afternoon sessions.
EXAMPLE OF KINDERGARTEN SCHEDULE FOR SCHOOLS WITH A.M. P.M. SESSIONS AND ONE TEACHER
8:30 - 8:45 A.M. - Principal Time
8:40 - Pupils enter classroom under teacher supervision
8:45 - 11:15 - A.M. Session
11:15 - 11:50 - Preparation Time
11:50 - 12:15 - Lunch
12:10 - Pupils enter classroom under supervision of aide
12:15 - 2:45 - Afternoon Session
2:45 - 3:00 - Principal Time
NOTE: During a five (5) day work week:
1. Teachers will receive the services of a Special Subject Teacher for twenty (20) minutes on three (3) days of the week for either the A.M. or P.M. session on alternate weeks.
2. Pupils, both A.M. and P.M. sessions, will have supervised physical education every day of the week, except when the physical education Special Subject Teacher has provided services to that particular session.
33 consecutive minutes x 5 days per week = 165 minutes
Itinerant Services - 20 minutes x 3 days = 60 minutes
Total Preparation Time = 225 minutes
EXAMPLE OF SCHEDULE FOR HALF-DAY KINDERGARTEN TEACHERS
8:30 - 8:45 A.M. - Principal Time
8:40 - Pupils enter classroom under teacher supervision
8:45 - 11:15 - A.M. Session
11:15 - 11:30 - Preparation Time
11:30 - 11:45 - Principal Time
1. Teachers will receive services of Special Subject Teachers for fifty (50) minutes per week.
2. Preparation Time:
a. 15 minutes x 5 days per week = 75 minutes
b. other preparation time (Special Subject Teachers) per week = 50 minutes
Total Preparation Time = 125 minutes
(The above provisions would go into effect in September 1983.)
EXAMPLE OF SCHEDULE FOR KINDERGARTEN
TEACHERS WITH TWO SCHOOLS
8:30 - 8:45 A.M. - Principal Time
8:40 - Pupils enter classroom
Under teacher supervision
8:45 - 11:15 - A.M. Session
11:15 - 11:40 - Lunch
11:40 - 12:00 - Travel Time
12:00 - 12:10 - Preparation Time
12:10 - Pupils enter classroom
Under supervision of aide
12:15 - 2:45 - Afternoon Session
2:45 - 3:00 - Principal Time
1. Teachers will receive the services of a Special Subject Teacher for twenty (20) minutes three (3) times a week for both sessions.
2. These services combined with those of supervisory aides will provide a minimum of thirty-five (35) consecutive minutes of preparation time on four (4) different days of the calendar week.
3. Preparation Time
a. 35 consecutive minutes x 4 days per week = 140 minutes
b. Other preparation time
(Special Subject Teachers & aides) per week = 85 minutes
c. 12:00-12:10 P.M. - 10 minutes x 5 days = 50 minutes
Total Preparation Time = 275 minutes
4. Travel Time - 20 minutes x 5 days = 100 minutes Total = 375 minutes (The above provisions would go into effect in September of 1983.)
9.5.4 Elementary teachers shall be released immediately or may voluntarily remain upon arrival of Special Subject Teachers in physical education, art, music and library science. The Committee recognizes the importance of Special Subject Teachers in the elementary grades, including Kindergarten classes. The Committee agrees to provide as many Special Subject Teachers as necessary to ensure that the Special Subject Teachers visit every classroom. Substitutes shall be provided for absent Special Subject Teachers.
9.5.5 Collaborating teachers shall have their preparation periods scheduled at the same time whenever possible.
9.6 Subject Areas and Preparations
Secondary teachers will not be required to teach more than two (2) different subject areas nor more than four (4) different preparations within a given school day. It further intends to make every effort to provide secondary teachers with schedules which will not require them to teach more than two (2) different subject areas nor more than three (3) different preparations in a given day with the exception of Special Education, Resource or Bilingual/ ESL teachers.
9.7 Relief From Non-Teaching Tasks
A committee will be established to study the lunchroom, homeroom and corridor duties.
The Committee and the Association accept as a goal the most objective utilization of teacher time. To this end, they agree as follows:
9.7.1 Except for nurse-teachers, special education teachers, physical education teachers and other personnel with professional responsibilities directly related to health services, teachers shall not be required to assist in the administration thereof.
9.7.2 Except in cases of emergency, teachers shall not be required to perform the following non-professional duties. However, they will retain the responsibility in an on-call capacity.
9.7.2a Supervision of playgrounds and lunchrooms (applies to elementary teachers only).
9.7.2b Calculation of monthly and year-end attendance reports (teachers K-12).
Teachers agree to handle the detention of students committing offenses within their own classes. Teachers shall not be required to supervise detention in classes which are held for violators of School Committee Policy.
9.9 Substitute Policy
The School Committee shall make every effort to provide substitutes for absent teachers.
In the case that substitutes cannot be obtained at the secondary level and teachers are assigned to cover the class of an absent colleague, they shall be compensated as follows:
Teachers assigned to cover during preparation periods shall be compensated at thirty-eight dollars and thirty-three cents ($38.33) per coverage.
Teachers assigned to cover during any other non-teaching period, including tutorial instruction, shall be compensated at the rate of thirty-six dollars and seven cents ($36.07) for each cover after ten (10) covers.
In the case of an absent elementary classroom teacher and no substitute is provided, students may be assigned to other classroom teachers. One hundred forty-six dollars and fifty- five cents ($146.55) shall be divided equally among the teachers after three (3) such coverages. Assignments of students shall be on an equitable basis. It is understood that the intent of this language is to apply only in the case of an absent elementary, self- contained classroom teacher.
Any teacher who assumes the class of an absent colleague on a regular and continuing basis shall be compensated at fifty dollars and seventy-three cents ($50.73) per class after five (5) school days retroactive to the first day.
9.10 Class Size
The East Providence School Committee agrees with the East Providence Education Association that a class size of twenty- eight (28)pupils, (except in the elementary schools where the limit will be twenty-five (25), shall be the maximum. In this regard the Committee shall keep the class size as low as is administratively possible within the limits of the physical plant, the budget requirements and the educational policy priorities established by the Committee in allocating its resources.
Caseloads for Occupational Therapists, Physical Therapists and Speech Pathologists shall remain consistent with state maximums. The maximum student population served by Social Workers and Psychologists shall not exceed state maximums.
9.10.1 Class Size Exception
1. Compensation for classrooms and Students over the class size limits:
Secondary – Teachers whose instructional classes, with the exception of physical education, chorus and band, exceed contractual limits of twenty-eight (28) students shall be compensated at the rate of two dollars and twenty-five cents ($2.25) per day, per class, per student.
Elementary – Teachers would be compensated at the rate of twenty dollars and twenty-nine cents ($20.29) for the entire day depending on the time the teacher actually spends with the student(s). This would be divided amongst the regular and Special Subject Teachers, (formerly called Itinerants), of the twenty-sixth (26th) student. Inclusion through mainstreaming of special needs students in a class to bring the total number of students above 25 will be calculated for the actual class period or time the twenty- sixth (26th) student is placed in the class.
2. High School Physical Education classes
A desirable class size of thirty-two (32) students per teacher be established with a maximum of thirty-five (35) where necessary. A teacher student ration of 1:35 will be the maximum number of students in a particular period. If a teacher wishes to voluntarily exceed the limit of thirty-five students, the teacher will state in writing his/her desire to do so. Such a statement shall be non- binding in future classes.
3. Collaborative Classes
With the agreement of the administration and the teacher, teachers may exceed twenty-eight (28) students without additional compensation. The teacher will state in writing his/her desire to do so. Such a statement shall be non-binding for future classes.
Elementary and Middle School – Homerooms shall not exceed class limits set forth in 9.10 and 9.10.1 above.
9.11 Special Education
9.11.1 Whenever it is decided by the multidisciplinary team that a student in a special education class should be transferred to a regular class, a conference shall be held at the earliest possible day (whenever possible this shall take place prior to the student’s assignment) with the regular classroom teacher and all other resource personnel present.
9.11.2 Resource teachers shall be guaranteed a minimum of two (2) hours per week for testing. This will be in addition to guaranteed preparation time.
9.11.3 The Committee agrees to provide substitutes for special education aides when they are absent.
9.11.4. Classroom teachers who are required by the administration to attend IEP conferences which are scheduled during his/her class teaching time shall be relieved of his/her duties for the time he/she participates in the conference.
9.12 Assignment of Classes
9.12.1 Each teacher in the East Providence School System will be provided a class list on the opening day of school (for each class in the secondary schools) and will be notified, in writing, of any change made in the students’ schedule thereafter.
9.12.2 The Committee agrees to encourage principals to make as equitable distribution as possible of class assignments according to ability.
9.12.3 At the secondary level, each teacher will receive a copy of his/her tentative subject preparations for the next school year by July 15th. Each teacher will receive a copy of his/her teaching schedule by August 15th. Included in the schedule will be the specific courses and levels, unless an unforeseen event occurs which makes this impossible. Additionally, teachers should be informed of the member(s) of their potential teaching team.
9.12.4 Before class assignments are made for pupils in the elementary schools for the next school year, teachers should be included in the decision-making process.
9.12.5 Special Subject Teachers (formerly called Itinerants) shall not be required to teach in more than two (2) different buildings per day.
Secondary teachers shall not be required to teach in more than three (3) different classrooms per day.
9.13 Teaching Facilities
9.13.1 Each school shall have sufficient space for the storage of instructional materials and supplies.
9.13.2 Each school shall have well-lighted, well-ventilated and clean faculty rest rooms with chairs and tables. Workrooms with adequate chairs and tables will be provided in each school where space permits. These faculty areas shall not be used for instruction but will be available at all times during the regular school day for all teachers’ use. Each school shall have a clean, fully equipped, well-ventilated lavatory which insures privacy for teachers.
9.13.3 Each classroom shall be well lighted, well ventilated and well heated.
9.14 Field Trips
The Committee and the Association recognize the significance of field trips for students of all grades. The Committee will make every effort within budget limitations to provide funds for the sole purpose of providing students (K-12) with field trip opportunities in accordance with the guidelines developed by the School Department.
9.15.1 The Committee shall permit the Association to use the regular mail run for business of the East Providence Education Association.
9.15.2 The school phone may be used for emergency reasons.
MEMORANDUM OF AGREEMENT BETWEEN THE EAST PROVIDENCE EDUCATION ASSOCIATION/NEARI/NEA AND THE EAST PROVIDENCE SCHOOL COMMITTEE
This Agreement is made and entered into on this 28th day of October, 2013, by the East Providence Education Association (EPEA), and the East Providence School Committee.
The parties agree to the following changes to the educator evaluation system under Section 9.16 of the Collective Bargaining Agreement:
9.16 EDUCATOR EVALUATION
9.16.1 The educator’s evaluation in East Providence will be the full implementation of the RIDE Rhode Island Model Teacher Evaluation and Support System and the RIDE Rhode Island Support Personnel Evaluation System. The School Committee will abide by the Rules and Regulations of the Rhode Island Board of Education, including the Basic Education Program Regulations. All monitoring or observations of the performance of an educator will be conducted openly, and with the full knowledge of the educator. All relevant policies will be clearly detailed and widely disseminated.
*This is an update and not part of the ratified agreement: Any language in the MOA on evaluations in conflict with RIGL §16-12-11 is superseded by the statute.
9.16.2 Any alteration to the East Providence implementation of the RIDE model will be mutually agreed upon unless mandated by RIDE.
9.16.3 A District Evaluation Committee shall be formed consisting of fifteen (15) members. Seven (7) members and one (1) alternate shall be appointed by the Superintendent and eight (8) members and one (1) alternate shall be appointed by the EPEA President. The Committee’s charge shall be to oversee and assess the implementation of educator evaluation and ensure that the system is valid and effective. At the conclusion of each school year, the District Evaluation Committee will review the process and make recommendations to the Superintendent. Each member of the District Evaluation Committee must be trained in the RIDE evaluation system.
9.16.4 (A) The educator’s primary and complementary evaluator will be determined and disseminated prior to the beginning of the year conference. A formal, announced observation will be defined as follows: at the elementary level a lesson, at the secondary level, a middle school period or the equivalent at the high school. The time may be reduced if all elements of the rubric have been observed. Any secondary informal, unannounced observations (dependent on educator’s prior rating) will be no less than thirty (30) minutes. Formal, announced observations will be conducted by the Department Head, Coordinator, or Administrator. In cases where an educator is required to have one observation, a collaborative process will occur in which the Department Chair and Administrator or the Coordinator and Administrator will meet and decide to conduct the observation independently or collaboratively. In cases where there are at least two evaluations, the Department Chair or Coordinator will complete one of the two evaluations independently or with the building administrator.
For those educators rated Developing, as determined by the prior year’s evaluation, new hires, and educators who are renewing certification or lifetime certification, the following will apply: Department Chairs or Coordinators will complete two (2) of at least three (3) observations for a minimum of thirty (30) minutes each independently or with the building administrator. One observation will be announced, and two (2) observations will be unannounced. Announced observations will be conducted by the Department Chair, Coordinator and/or Administrator.
For those educators rated Ineffective, as determined by the prior year’s evaluation, all four observations shall be conducted by two (2) evaluators. A minimum of one evaluation will be conducted by at least one evaluator from outside the educator’s building.
Prior to all submissions of ratings into EPSS , the Department Chair, Coordinator or Superintendent’s designee will consult with the primary evaluator.
(B) Under normal circumstances, the beginning of the year evaluation meeting will be held before October 1st or by mid-October (end of second week). The mid-year conference will be held by January 31st, and the end of the year conference will occur prior to the end of the first week in June. All meetings will be held within the school day unless mutually agreeable. Educators will be notified twenty-four (24) hours in advance of evaluation meetings.
(C) An announced observation will be defined as an observation where the educator is informed at a minimum of five (5) school days in advance that his/her evaluator will be observing him/her. The educator will be informed of the date, time and period, if appropriate, of the observation. No observation will be conducted on the Friday before or the Monday following a holiday/vacation period, or during the administration of a state mandated assessment, unless mutually agreeable.
(D) No teacher will be observed for evaluation purposes except by a District-approved evaluator who is trained in the RIDE evaluation system.
(E) Normally, the evaluation process shall proceed for all educators at the same pace. A yearly calendar will be bargained by the EPEA and Superintendent of Schools, or her designee, to ensure that observations and conferences take place in a timely manner and move in such a way as to allow educators to grow professionally as they improve their craft. Reasonable exceptions shall be determined by the Administrator and will include teachers on leave, and new mid-year hires.
(F) Any educator in danger of receiving less than an Effective evaluation rating in the area of Professional Practice shall be notified not later than the mid-year conference, and shall have the right to request a different evaluator.
For those teachers who are rated as either Highly Effective or Effective (with a 3 or 4 on the combined Practice/ Foundations Score, as determined by the prior year’s evaluation) will receive one announced observation and if the observation is inconsistent with the prior year’s scores, may request additional observations.
(G) The Educator Performance Support System online module will remain confidential within the East Providence School District, except where mandated by RIDE.
(H) Upon the request of the teacher, the evaluator and teacher will meet after each classroom observation. Written feedback is required within five (5) school days after each observation.
(I) The Teacher Support Plan shall be consistent with the RIDE model. Educators receiving a final evaluation rating of Ineffective or Developing will be placed on a performance improvement plan. The primary evaluator and educator shall meet to discuss areas of performance to be addressed in the plan which are aligned to the components of the evaluation rubric found to be in need of improvement. The primary evaluator and educator will mutually develop the improvement plan. The Department Chair, Coordinator or Superintendent’s designee may be included in the development of the plan at the educator’s and/ or primary evaluator’s request.
9.16.6 Evaluation Components
1. Professional Growth Goals
(A) The educator will present his/her professional growth plan (1 goal) at the beginning of the year evaluation conference. The Administrator will respond to the educator’s proposed Professional Growth Plan within five (5) school days, approving the plan or citing need for revisions.
(B) An educator’s professional growth plan will be determined either as part of a district wide effort, school building wide effort, department effort, grade level effort, discipline/ content effort or on an individual basis.
(C) The establishment of all professional growth plans shall be mutually agreeable between the educator and the evaluator. The educator must show evidence of meeting the professional growth plan through EPSS or at the end of the year conference.
2. Student Learning Objectives
(A) The educator will present a minimum of two (2) Student Learning or Student Outcome Objectives by a yearly mutually agreed upon date established and bargained by EPEA and the Superintendent of Schools, or her designee. The Administrator will respond to the educator’s proposed Student Learning or Student Outcome Objectives within five (5) school days.
(B) An educator’s Student Learning Objectives will be determined as either part of a district-wide or school-wide effort, department effort, grade level effort, discipline/content area effort or on an individual basis. Final determination will be made by the Administrator in charge, in consultation with the educator.
(A) There shall be an evaluation Appeals Panel (EAP), comprised of three (3) members. One (1) member shall be appointed by the Superintendent of Schools, and one (1) member shall be appointed by the EPEA President. The third member shall be selected from a rotating list of educators including teachers and administrators, mutually agreed upon by the EPEA President and Superintendent, and trained in the RIDE evaluation system.
(B) Any educator may appeal the assigned evaluator to the District Evaluation Committee based on legitimate educational concerns.
(C) The EAP’s charge shall be to hear appeals and assist in resolution of matters of dispute concerning the establishment of Professional Foundations, Professional Practice, Student Learning Objectives, Professional Growth Goals, and final evaluation ratings.
(D) All appeals shall be submitted to the Evaluation Appeals Panel via the Office of the Superintendent within five (5) school days of receipt of the related document by the educator and after an attempt to resolve the matter of dispute with the administrative evaluator. All such attempts shall be documented in writing by both parties and submitted to the EAP.
(E) The EAP shall hear the appeal, prior to EPSS closing, and within ten (10) business days of receipt of the appeal. The EAP shall respond in writing within ten (10) business days of the hearing.
(F) Nothing herein shall limit the right of any educator to file a grievance concerning the process that leads to his/her evaluation rating.
9.17 Teacher Files
All teacher files kept by the School Department shall be maintained under the following conditions:
9.17.1 No anonymous letter or materials shall be placed in a teacher’s file.
9.17.2 All materials placed in the teacher’s permanent file shall be available to the teacher at his/her request for inspection. Teachers desiring to inspect their files shall make an appointment with the secretary in the Human Resources Office. Upon request to the Superintendent, immediate access to teacher files will be available to the Association President with written approval of the individual teacher.
9.17.3 Materials originating within and without the School Department and which are derogatory to a teacher’s conduct, service, character, or personality shall not be placed in a teacher’s file unless the teacher has had an opportunity to read such material. The teacher shall acknowledge that he/she has read such material by affixing his/her signature on the actual copy to be filed. Such signature does not necessarily indicate agreement with the content of such material.
9.17.4 The teacher shall have the right to answer any materials filed, and his/her answer shall be reviewed by the Superintendent or his/her designee and attached to the file copy.
9.17.5 Any written complaints regarding a teacher made to the administration by any parent, student or other person will be called to the attention of the teacher by the Superintendent of Schools or his/her central office staff if the materials are to be made a part of the teacher’s file when such are placed in the file, but no later than fifteen (15) working days after receipt of such materials. The teacher will have the opportunity to respond to such complaints. If a record of the complaint is filed in the teacher’s record, his/her response will also be filed in the record. The teacher shall have the right to duplicate any such material filed.
9.17.6 All references and information originating outside the School Department on the basis of confidentiality and information obtained within the School System in the process of evaluating the teacher for employment shall not be subject to this Agreement and therefore, shall not be available for inspection by the teacher.
9.17.7 Teachers shall notify the Administration of changes of beneficiaries, person to notify in case of emergency, addresses, dependents and telephone numbers.
9.17.8 Teachers may have material in their permanent file, with the exception of those enumerated in 9.17.6 reproduced upon request of the teacher at his/her own expense. The Superintendent may waive the cost of copying documents.
9.17.9 All materials entered into a teacher’s file will be stamped and dated.
9.18.2 Teachers will report all cases of assault in connection with their employment to the Superintendent of Schools through the principal verbally as soon as possible. A written report must be filed by the teacher within forty-eight (48) hours after having been provided the opportunity to notify the President of the Association who will in turn provide the teacher with access to legal counsel if the teacher so desires.
9.18.3 When a teacher has been assaulted, the Committee will comply with any reasonable request from the teacher for information in its possession relating to the incident of the person involved.
9.18.4 Whenever a teacher is absent from school as a result of a personal injury caused by an unprovoked assault occurring in the course of his/her employment, he/she will be paid his/ her full salary for the period of such absence up to fifteen (15) months from the date of injury and no part of such absence will be charged to his/her annual sick leave.
9.18.5 The School Committee shall have the right to have the teacher examined by a physician, who shall consult with the teacher’s physician for the purpose of establishing the length of time during which the teacher is disabled from performing his/her duties. In the event of dissenting medical opinion, the Committee’s physician’s findings shall prevail. However, the teacher’s physician’s opinion shall be recorded and attached to the report.
9.18.6 When a civil action is commenced against a teacher while acting within the scope of his/her employment, the Committee shall provide the services of legal counsel upon the request of the teacher, regardless of any other coverage the teacher may have.
9.18.7 Appropriate physical restraint may be used by a teacher in extraordinary circumstances to protect himself/herself, another teacher, and/or a student from possible injury
9.18.9 Personal Property
9.18.10 The Committee will reimburse teachers for any clothing or other personal property (excluding automobiles) damaged, destroyed, or stolen in the course of employment, where such damage, theft, or destruction is of a value of twenty dollars ($20.00) or more, provided such damage, destruction or theft has not been caused by the teacher’s gross negligence.
The School Committee agrees to compensate teachers for the damage to their personal automobiles caused by School Department employees or contractors during the course of construction or maintenance, or by School Department employees or students during the course of scheduled school activities, so long as there is no negligence on the part of the teacher.
9.18.11 Personal properties brought onto school premises valued in excess of five hundred dollars ($500.00) shall be approved in advance, in writing, by the Business Administrator.
9.18.12 As soon as feasible, but no later than the expiration of this agreement, the School Department will install locker units or similar storage devices in classrooms or other teacher locations where they are needed but do not currently exist.
9.19 Maintenance of Classroom Control and Discipline
9.19.1 The Committee and the Association agree that the adjustment of behavioral problems is the joint responsibility of teachers and administrators. Teachers shall have the support from administrators who shall give the teacher effective and consistent support in each case. In an instance where the situation, in the opinion of the teacher, is of a serious nature and a child is sent from the class, the teacher shall confer with the Principal or Assistant Principal to provide the necessary information concerning the problem. A child shall not be sent from the class except to the area designated by the Principal. The teacher will re-admit the child following a conference with the teacher, if available, and one of the following parties: an administrator, a counselor, visiting teacher, school psychologist, home visitor, parent or guardian of the child. Assuming the teacher is not present at the conference, the teacher shall be informed as to the proceedings and facts of the conference.
9.19.2 Each teacher shall receive annually a set of school rules and regulations.
9.20 Faculty Committee
9.20.1 The Principal in each school shall in September of each year establish a faculty committee from among interested members of the individual school staff. The chairman shall be elected from among members of the Committee. The schedule of meetings shall be mutually established by the Principal and Chairperson. Issues to be discussed shall include recommendations on facilities that may be referred to the Superintendent. Issues that remain unresolved after two (2) meetings may be referred by the Committee to the Superintendent or his/her designee.
9.20.2 The purpose of the Committee shall be to meet monthly with the Principal to discuss educational matters of concern to the teachers and the Principal relating to the respective schools.
9.20.3 The Committee shall be organized on the following basis.
9.20.3a Elementary schools with one (1) to nine (9) teachers - all interested may serve on the Committee.
9.20.3b Elementary schools with ten (10) or more teachers - five (5) teachers elected by the faculty.
9.20.3c Middle School - seven (7) teachers elected by the faculty.
9.20.3d Senior High - ten (10) teachers elected by the faculty.
9.20.4 These elections shall be conducted annually as provided for above.
9.20.5 The Committee shall meet before or after school hours, and such meetings shall not be considered as satisfying the provisions of this Agreement relating to required meetings.
9.20.6 The Principal and the Committee shall keep the faculty informed regarding the Committee’s deliberations.
9.20.7 The Committee shall have the right to participate in the formulation of agenda of each meeting, and such agenda shall be formulated and distributed one (1) week prior to each meeting whenever possible. The Minutes of all meetings as well as the official results of all faculty votes shall be published as soon as possible.
9.21 Vacancies, Promotions and Job Fair
9.21.1 Vacancies and Promotions
A certified teacher, who is a member of the East Providence Education Association, shall serve on all screening committees for all certified positions. The department head or coordinator shall serve on all screening committees if available or another teacher if the department head or coordinator is not available. The certified teacher or the department head or coordinator, each of whom should be certified in the subject area being interviewed, shall be given adequate notice of the scheduled interview(s). If no East Providence Education Association member(s) is available, the President of the East Providence Education Association will be notified.
9.21.2 Whenever a vacancy in a professional position occurs with a salary above the basic salary scale or whenever a new position with a salary above basic scale is created and when non- classroom positions are open, the Superintendent shall publicize it by written notice to all certified personnel.
9.21.3 The written notice will state the last date that filed applications will be accepted. Applicants will also receive, at the time of requesting the application form, a copy of the job description and the salary for the position being advertised.
9.21.4 Vacancies shall be filled on the basis of qualifications as follows:
1. Experience and skills appropriate to the vacancy notice.
2. Educational degrees appropriate to the vacancy notice.
9.21.5 The Committee agrees to continue its practice of not discriminating on the basis of race, creed, color, religion, national origin, age, sex, marital status, sexual orientation, or membership in the Association in making appointments.
9.21.6 Each applicant shall be notified in writing of the disposition of his/her application.
9.21.7 Transfers and Assignments
A. Any position which becomes open at any date in the school year and remains open through the end of the school year will be offered to bargaining unit members on the recall list. At the end of the school year, the position will be vacated and posted for the ensuing school year.
Voluntary transfers and assignments will be based upon the following system from among interested candidates with the position being awarded to the individual with the highest score. Where two or more applicants have the same score, seniority shall be the deciding factor.
Most Recent Evaluation
25 or more
3 or more of the last 5 years in a position at the same level
3 or more of last
Less than 3 years of last 5 years in position at the same level or less than 3 years of last 5 years in po- sition at different level
No experience in position in last 5 years, but some previous experience
Note 1: The above does not apply to teachers with a final rating of “ineffective;” such teachers are not eligible for voluntary transfers.
Note 2: Relevant experience levels are defined as High School/ Career & Technical Center, 9-12; Middle School, 6-8, Upper Elementary School, 3-5, Lower Elementary School, PK-2.
Note 3: The evaluation rating will not be used for transfers and assignments until all members of the bargaining unit are evaluated under a fully implemented evaluation instrument, consistent with the RIDE model.
a. Not later than May 1 the official list of open positions shall be posted. Said list shall include, but not be limited to, teacher openings by either resignations, retirements, vacancies occurring as a result of second year approved leaves of absence or new positions.
b. Notwithstanding the above, no teacher may choose an option which results in the non-renewal, termination, suspension or layoff of a teacher.
c. It is agreed that in an elementary school the least senior teacher at the grade level, or at the secondary level, the least senior teacher in the certification category of the position being eliminated in a building shall be the person to be transferred from the building should an involuntary transfer be necessary.
9.21.8 While the Committee and the Association recognize that frequent transfers of teachers are disruptive of the educational process, they also recognize that involuntary transfers of teachers are unavoidable and that, in making assignments in the East Providence School System, the interests and aspirations of teachers must be considered. Therefore, they agree to the following:
9.21.8a Notice of involuntary transfer shall be given to teachers no later than forty-five (45) days before such reassignment, when practicable.
9.21.8b No teacher shall be involuntarily transferred without
9.21.8c It is understood that in the event of layoffs, in accordance with R.I. Gen. Laws §16-13-6 and related statutes, the least senior person (in the area of certification as per R.I. Gen. Laws §9.25.1) in the system will be laid off first. It is further understood that if any portion of the layoff assignment or transfer process set forth in the Agreement is deemed to be non-compliant with RIDE’s BEP regulations, the parties will negotiate in good faith to achieve BEP compliance.
Involuntary transfers for cause may take place without regard to seniority.
9.22 Leaving the Building
Teachers may be permitted to leave the school building during their preparation and unassigned periods upon notification to the school principal.
9.23.1 The School Committee and the Association recognize the desirability of enhancing the image of teachers in the East Providence School System. To this end the Committee and the Association agree to the following:
Teachers shall make every effort to reflect a positive image to the students and the community by their dress.
9.24 Job Sharing
The School Committee will establish a job sharing clearing house for the purpose of matching individuals expressing an interest in the job sharing. Teachers shall receive notification of the clearing house along with the adopted procedures and deadlines.
Both the School Committee and the East Providence Education Association agree that the School Department will benefit by establishing an efficient job sharing program for the East Providence School Department that supports student learning, the School Department’s academic goals, and meets the needs of teachers who desire to job share. Therefore, effective for the 2003/2004 school year, job sharing shall be administered as follows.
a. Teachers may not request to job share until they have at least three (3) years of teaching in the East Providence School Department.
b. Teachers desiring to job share during the upcoming school year who apply in writing to the Director of Human Resources before February 1st must be considered for job sharing. Teachers who apply after February 1st may be considered for job sharing if approval is beneficial to the School Department.
c. Teachers desiring to job share may submit applications to Human Resources at any time. Such applications will be held in the Job Share Clearing House. The Director of Human Resources shall annually but no later than March 1st of each year, review the job share applications in the Clearing House to determine whether or not pairs of teachers’ certifications and current positions are compatible for job sharing. This information shall be shared with the East Providence Education Association and publicized to the East Providence Education Association membership.
d. Should the principal of an affected school feel the job share is not feasible, he/she shall report his/her decision and rationale to the Director of Human Resources. The Director of Human Resources shall confer with the principal, the teachers involved, and the President of the Association to gather information. The Director of Human Resources shall then refer the matter to the Deputy Superintendent or Superintendent for disposition, with the Director of Human Resources recommendation.
e. Should the principal feel the job sharing is feasible, he/ she shall, in conjunction with the teachers involved prepare a detailed Job Sharing Plan that will cover all aspects of teaching.
Such Plan shall be forwarded to the Director of Human Resources for referral to the Superintendent for approval.
f. If the Superintendent approves the Plan, he/she shall recommend approval to the School Committee.
9.24.1 Job Sharing Administration
a. Job sharing teachers shall receive prorated salary, benefits, sick days and personal days, to include fifty percent (50%) of medical/dental insurance benefits they qualified for prior to job share. Full deductions will be made in each teacher’s wages for those deductions required by law that cannot be shared.
b. Teachers who wish to terminate job sharing shall notify the Director of Human Resources no later than February 1st preceding the school year in which they wish to return to full- time teaching status.
c. When a job share is terminated, the teacher who held the shared position prior to the job share shall remain in that position. The other teacher shall be treated as though he/she were on a leave of absence, that is, after one year he/she shall return to his/her original position. After two years or more, he/ she shall have the right to participate in the Job Fair.
d. Teachers terminating job share arrangements of three years or more may not apply for another job share arrangement for at least two (2) consecutive years.
e. Both job sharing teachers shall be evaluated pursuant to the Collective Bargaining Agreement.
9.24.2 Job Sharing Plan
a. The job sharing plan worked out between the two teachers and the principal must insure a continuity of instruction for the students. To this end, one plan book with separate notebooks for consistency of lesson plans shall be the norm.
b. Teacher who job share shall schedule weekly meetings after their school day to plan lessons and discuss student progress.
c. Both teachers in a job sharing arrangement shall attend teacher orientation day, staff meetings, all parent conferences, and all mandatory meetings called by the Superintendent. Attendance at other required meetings shall be shared between the two teachers who are job sharing. The two teachers shall develop a schedule to cover and share the contents of these meetings with each other. Both teachers may attend meetings if they so choose.
d. Should unforeseen circumstances arise that render the job sharing arrangement detrimental to the students involved, the job sharing arrangement shall be terminated immediately or at a date selected by the Superintendent of Schools.
9.24.3 Both teachers who are approved to job share shall sign a copy of the above listed job share rights and responsibilities, as well as the job share plan created by the teachers and the principal.
9.24.4 Administration of job share arrangement entered into during school years prior to the 2003-2004 school year shall be controlled by the agreements and/or practices in place at the time.
9.25 Seniority, Layoff and Recall
Seniority is defined as continuous employment from the date appointed by the School Committee or the date the teacher commenced work whichever is earliest. Per diem substitute work shall be counted if continuous from the date work commenced. Starting in September 2000, seniority shall not accrue on full year leaves without pay.
9.25.1a Layoffs shall first take place among the least senior teacher in the area of certification.
9.25.1b To prevent a layoff, a teacher may bump the least senior teacher in any area(s) of certification held by the teacher.
9.25.2a When a position becomes available, the most senior teacher in the area of certification on the recall list shall be recalled.
9.25.2b Teachers hired prior to March 1 shall receive recall rights.
9.25.2c The Director of Human Resources shall notify the teacher of recall by certified mail.
The teacher shall respond within seven (7) days. Failure to accept recall will result in removal from the recall list.
9.25.2d Teachers will not lose recall rights if they refuse a position which is less time than the teaching load held at the time of layoff.
9.25.2e Teachers will not lose recall rights if they refuse a position of shorter duration than held at the time of layoff.
9.25.2f Less than full time teachers will not lose recall rights if they refuse a full time position.
9.25.2g When a position becomes available, it shall be posted consistent with Article IX. Transfers will be permitted so long as the transfer does not cause layoff or prevent recall.
If the initial seniority date is the same for two (2) or more teachers, seniority shall be determined by drawing lots. The lots shall be administrated by the Assistant Superintendent of Human Resources and the Association President with the teacher drawing the lot. (If the teacher is not present, the Association President will draw the lot.)
The initial lottery shall be held by November 1st or the first school day thereafter, and all subsequent lotteries on the first of each succeeding month, or the first school day thereafter.
9.25.4 Seniority List
The official seniority list shall be maintained by the Assistant Superintendent for Human Resources who shall update the list and furnish two (2) copies to the Association President on December 1st. Each building shall be provided with two (2) copies of the Seniority List and one (1) copy shall be placed in the library, and the other in the Principal’s office.
9.26 Administration’s Designated Positions (ADP)
Special Education teachers who accept employment after January 1, 2003, shall not be permitted to voluntarily transfer for the first three (3) years of employment. In addition, Administration’s Designated Positions shall not be posted at the Job Fair. Upon written mutual agreement, the Superintendent and the Association may agree to exclude other positions from the voluntary transfer provision.
A formal mentoring program shall be created with the objective of providing a mentor to every new teacher who requires one. The School Committee shall appoint three (3) Mentor Coordinators, one (1) for elementary teachers, one (1) for middle school teachers, and one (1) for high school teachers. These Coordinators shall receive an annual stipend of five hundred sixty-three dollars and sixty-six cents ($563.66) each. Mentor teachers shall be selected as needed and shall receive an annual stipend of three hundred thirty-eight dollars and twenty cents ($338.20) during years when they serve as mentors.