ARTICLE XXII GENERAL

North Smithfield School District

A. All articles in this Contract shall be subject to the Constitution and laws of the United States and the State of Rhode Island.

B. If any section of this Contract shall be declared invalid by a court of the United States or the State of Rhode Island, the remaining portions thereof shall continue in full force and effect, except that those portions declared to be invalid shall be subject to renegotiation by the parties.

C. If the Executive Branch or the Legislative Branch of the United States Government or the State of Rhode Island should declare any part of this Contract invalid, then the remaining portions thereof shall continue in full force and effect, except that those portions declared invalid shall be subject to renegotiation by the parties.

D. The Committee recognizes the expertise of the members of the Association in the field of education. There shall be established a screening committee for the hiring of professional staff. Said screening committee shall be composed of the Superintendent, the Principals, the teachers-in-charge, or department heads. The Association shall have the opportunity to provide consultation with respect to hiring of professional staff.

E. All teachers shall be provided in writing, no later than October 1st, with a breakdown of gross salary. All teachers will have available to them electronic access to account balances for paid leave.

F. If any provision is, or shall be at any time, contrary to law, then such provision shall not be applicable, or performed, or enforced, except to the extent permitted by law. In the event that any provision of this Agreement is, or shall be at any time, contrary to law, all other provisions of this Agreement shall continue in effect.

In the event any term or condition of this agreement is in conflict with state or federal law, rule, regulation, or guidance, members of the Association and members of the Administration agree to discuss implementation to reflect such compliance.

G. The parties acknowledge and accept that the District will implement the Rhode Island Model Teacher Evaluation System. The parties will continue in their joint district evaluation committee (DEC) activities as the principal means to smooth out any evaluation issues between the parties. Nothing in this agreement shall prejudice either party from asserting that the introduction, modification or imposition of an evaluation system is or is not a non-delegable management responsibility or that the District has the legal obligation to partially or fully negotiate the same. However, any certified employee’s final evaluation issue may be grieved by an individual teacher or by the Union under the AAA expedited arbitration rules.