Contractual Agreement Between the Johnston School Committee, Johnston, Rhode Island and the Johnston Federation of Teachers Local 1702, American Federation of Teachers AFL-CIO for the Period September, 1, 2021 through August 31, 2024


PREAMBLE

The School Committee of the Town of Johnston and the Johnston Federation of Teachers recognize that they have an interest in educational excellence that is far beyond the scope of a collective bargaining agreement governing terms and conditions of employment. The School Committee and the Federation declare their mutual intent to work toward the achievement of common aims as follows:

1) The formulation of realistic goals and programs consistent with the best educational theory.

2) The development of a system of communication and consultation designed for more harmonious relations of the parties concerned, as well as to expedite business to a fruitful conclusion.

It is the hope of the School Committee and the Federation that this common effort will contribute in significant measure to the advancement of public education in the Town of Johnston.

ARTICLE 1 TERMS OF THE AGREEMENT

Section 1. Recognition

1.1 The Johnston School Committee (hereinafter sometimes referred to as the "School Committee") recognizes the Johnston Federation of Teachers, Local 1702, American Federation of Teachers, AFL-CIO (hereinafter sometimes referred to as the "Federation"), as the exclusive bargaining agent for all certified personnel in the Town of Johnston excluding the Superintendent, the Assistant Superintendent, principals, assistant principals, supervisors, directors, administrative assistants, and long-term substitute teachers.

1 .2 The Federation will continue to maintain its eligibility to represent all teachers by continuing to admit persons to membership without discrimination on the basis of race, creed, color, national origin, sex, age, sexual orientation, or marital status and to represent equally all employees without regard to membership or participation in or association with the activities of any employee organization. The School Committee will continue its policy of not discriminating against any employee on the basis of race, creed, color, national origin, sex, age, sexual orientation, marital status, or membership or participation in or association with the activities of any employee organization.

Section 2. Severability

In the event that any provision of this Agreement is or at any time shall be contrary to law, all other provisions of this Agreement shall continue in full force and effect.

Section 3. Waiver or Modification of the Agreement

There will be no waiver or modification of any of the terms or provisions of this Agreement by any teacher or the School Committee. The terms and conditions of this Agreement shall not be modified, amended, or altered in any way unless made in writing and signed by both parties.

Section 4. Savings Clause

Nothing contained in this Agreement shall be deemed to diminish in any way the rights or non-salary benefits presently enjoyed by any teacher.

Section 5. Disputes Settlement

The School Committee agrees that during the term of this Agreement any or all disputes arising between the parties shall be settled in accordance with the Grievance Procedure set forth in this Agreement. The Federation agrees that it will not engage in any strike, work stoppages, or concerted refusal to perform work duties during the life of this Agreement.

Section 6. Agency Shop

6.1 All personnel who are not members of the Federation and for whom the Federation is the exclusive bargaining agent may pay an agency fee to the Federation. The fee shall be set by the Federation and shall be no greater than the amount paid in dues by Federation members. Payment of said fee does not imply membership in the Federation. All employees who choose not to be members of the Federation, and agree to pay an agency fee, shall pay this fee bi-weekly through the payroll deduction method.

6.2 The Committee shall authorize payment of same to the Federation within the week following the pay period from which the fees were deducted.

Section 7. Dues Deduction

7.1 The Committee shall continue on a bi-weekly basis to deduct from the salary of its teachers dues for the Johnston Federation of Teachers.

7.2 The Committee shall authorize payment of same to the Federation within the week following the pay period from which the dues were deducted.

7.3 The following shall constitute the form by which dues shall be authorized to be deducted.

To The Johnston School Committee:

I hereby affirm my membership In the Johnston Federation ofTeachers1 Local 1702, AFT, RIFTHP, and authorize my employer to withhold from my salary a sum equal to the constitution dues of the local1 state and national unions. This authorization shall remain In effect until further notice1 unless changed or terminated,

Name (print)

Date

Address:                                                                                                            

Personal Email:

Cell Phone:

Signature:

I understand that mv dues will Include the services of local, state and national bodies as well as subscriptions to AFT publication. I also1.mderstand that the union dues may not be deductible for federal Income tax purposes. Employees covered by a collective bargaining agreement have a right to renounce full membership,

Signed

Date

7. 4 THE FEDERATION AND THE SCHOOL COMMITTEE SHALL NOT BE HELD LIABLE FOR PROPERLY COMPLYING WITH THIS DUES DEDUCTION AUTHORIZATION.

Section 8. Payroll Deductions

8.1 The Committee shall continue to deduct monies for teacher annuities and credit union deductions from the salary of bargaining unit members who authorized same.

8.2 The Committee shall authorize payment of same to the agencies, as authorized by each teacher, within the week following the pay period from which deductions were made.

Section 9. Successors and Assigns Clause

This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by the consolidation, merger, annexation, transfer or assignment of either party hereto, or by any change geographically or otherwise in the location or place of business of either party hereto.

Section 10. Duration of the Agreement

This Agreement and each of its provisions shall be in full force and effect as of September 1, 2021 and shall continue in full force and effect through August 31, 2024.


ARTICLE 2 GRIEVANCES

Section 1. Definition

A "grievance" shall mean a written complaint by the Federation or by a teacher and the Federation that there has been a violation, misinterpretation, or inequitable application of any of the provisions of this Agreement, or that a member of the bargaining unit has been treated unfairly or inequitably or discriminated against for any reason.

Section 2. Submission of Grievance

2.1 All grievances shall be submitted in writing to the teacher's principal and/or supervisor and signed by the aggrieved teacher and the Federation on a form provided by the School Committee.

2.2 Such grievances shall be submitted within ten (10) school days after the occurrence of the event which gives rise to the grievance.

2.3 Any grievance which is not filed within ten (10) school days of the date of occurrence shall be deemed waived unless the grievant and the Federation were not aware of the circumstances which gave rise to the grievance.

2.4 In cases where a grievance is initiated during the summer vacation period, the meeting and response time limits listed in levels 1, 2, 3 and 4, shall be weekdays, excluding Saturday, Sunday, and holidays, rather than school days.

Section 3. Grievance Procedure

In order to settle grievances at the lowest possible administration level, the organization and procedure for processing grievances shall be as follows:

3.1 Level One - Principal or Supervisor: Within five (5) school days from receipt of the grievance, the principal shall meet the aggrieved teacher(s) and the Federation representative with the object of resolving the matter. Within five (5) school days after such meeting, the principal shall communicate a decision in writing to the aggrieved teacher(s) and to the Federation.

3.2 Level Two - Superintendent: If the decision of the principal is not satisfactory to the aggrieved teacher(s) and the Federation, said decision may be appealed within five (5) school days to the Superintendent of Schools. The Superintendent of Schools shall arrange a meeting with the aggrieved teacher(s) and the Federation representative within ten (10) school days from the date of receipt of the appeal and shall render a decision within ten (10) school days after such meeting. The decision of the Superintendent of Schools shall be communicated in writing to the aggrieved teacher(s), to the Federation, and to the School Committee.

3.3 Level Three - School Committee: Within five (5) school days after receipt of the Superintendent's decision, the aggrieved teacher(s) and the Federation, if not satisfied with such decision, may appeal to the School Committee. The School Committee shall meet with the aggrieved teacher(s) and the Federation representative and shall render the decision in writing within twenty (20) school days.

3.4 Level Four- - Arbitration: If the decision of the School Committee is not satisfactory to the aggrieved teacher(s) and the Federation, the matter shall be referred to arbitration at the request of the aggrieved teacher(s) and the Federation, as follows:

3.4.1 The Union shall notify the School Committee, within ten (10) school days of the written decision of the School Committee, that it desires to submit the grievance to arbitration pursuant to the Rules of the American Arbitration
Association.

3.4.2 The arbitrator shall render his/her decision within thirty (30) school days after hearing the grievance. Said decision shall be in writing with copies sent to all of the parties to the arbitration.

3.4.3 The cost of said arbitration shall be borne equally by the School Committee and the Federation.

3.4.4 The decision of the arbitrator shall be final and binding on all matters

3.4.5 The arbitrator shall not be bound by formal rules of evidence. However, the right to cross-examine witnesses shall be maintained.

3.4.6 The arbitrator shall:

a) have no authority to amend or modify the terms or conditions of this Agreement.

b) consider and render decisions with respect to the specific issue(s) submitted

c) have the authority to fashion an appropriate remedy, in the event he/she finds a violation of the terms or conditions of this Agreement.

Section 4. General Grievance

The Federation shall have the right to initiate and process grievances generally involving the bargaining unit. When said general grievances involving the bargaining unit are filed, they may be filed with the Superintendent of Schools, who shall meet with representatives of the Federation within ten (10) school days after receipt of such grievances. The Superintendent shall render his/her decision, in writing, within seven (7) school days after such meeting and shall send a copy of said decision to the Federation. If the Federation is not satisfied with the decision of the Superintendent, it shall have the right to appeal to the School Committee in a manner provided for in Section 3.3 hereof; and further, to request Arbitration as provided for in Section 3.4, hereof

Section 5. Miscellaneous Provisions

5. 1 The time limits specified herein may be extended by mutual agreement between the parties in writing.

5.2 If hearings are held during school hours, the aggrieved teacher(s) and the representative of the Federation who may be attending such hearings shall not suffer any loss of pay for attendance at such hearings.

5.3 No aggrieved teacher(s) may be represented at any hearing or meeting except by the President or his designee.

5.4 Both the Federation and the School Committee shall have the right to obtain legal assistance and/or stenographic assistance at all meetings and hearings at their own expense.

5.5 Nothing in this Agreement shall be construed to prevent the School Committee and the Federation from using a different method than set forth herein for settling grievances or conducting arbitration in individual cases; provided, however, that the parties agree thereto in writing.

5.6 Both parties recognize that the aggrieved has a right to a speedy disposition of the grievance. When the authority at any level has no jurisdiction over the area of the grievance, that level shall be by-passed and the grievance appealed to the level having jurisdiction over said grievance.

5.7 Nothing in this Agreement shall be construed as compelling the Federation to submit a grievance to arbitration.

5.8 No reprisals of any kind shall be taken against any participants in the grievance procedure by reason of such participation.


ARTICLE 3 JOB POSTINGS

Section 1.

When any vacancy occurs, the Union President shall be notified in writing by first-class mail and by e-mail, such notice to be given, if possible, at least thirty (30) days prior to the filling of said vacancy. Said notification shall be posted for twenty (20) days, or when such twenty (20) days is not possible, for a lesser time with the assent of the Federation, on the designated bulletin board in each school. The School Department shall list all the known vacancies and/or post via e-mail.

Section 2.

When there are vacancies in positions outside the bargaining unit, said vacancies shall be communicated to the Union and posted as consistent with Section 1, approximately twenty (20) days prior to the position being filled.

Section 3.

Qualified teachers in the bargaining unit shall be given consideration to fill said vacancies described in Section 2.

Section 4.

In the event candidates are equally qualified, seniority in the system, experience, and credentials, in said order, beyond those stated in the posting, shall be the determining factor.


ARTICLE 4 JOB TRANSFER MEETING

When vacancies occur or are about to occur or new positions are created, for any reason, said vacancies shall be filled in the following manner:

Section 1.

Between the end of the school year and June 30, the parties will convene a Job Transfer Meeting for teachers being recalled from layoff and for all those teachers who have filed a written request for transfer or possible transfer to the designee of the Superintendent of Schools by the first Friday in June. The written request shall include a list of all certifications held by the teacher. Teachers who are advised of their job elimination after the first Friday in June may file a written request to transfer after the first Friday in June deadline.

Section 2.

A vacancy shall include all openings resulting from retirement, layoffs, reorganizations, bumping, and newly-created positions. All positions within a school or a program shall be filled in accordance with the provisions set fmth below.

Section 3.

For those teachers who desire to transfer or possibly transfer and teachers being recalled from layoff, the following screening process shall be utilized:

a. The district shall publish a list of anticipated vacancies prior to the end of the current school year.

b. Teachers interested in applying for an open position shall submit an intent to transfer form, by the first Friday in June, that includes the position(s) to which they are interested in transferring. As outlined in Section 1 above, the Superintendent or his/her designee shall prepare a card identifying the teacher's name, and date of hire, seniority number which shall be used throughout the bidding process for each vacancy at the Meeting.

c. There will be a screening team that includes the superintendent and principal of the teacher's current assignment who will pre-approve proposed transfers.

d. Documents that will be reviewed include, but are not limited to, the following:

1. Certification
2. Experience
3. Evaluation
4. Specialized Training
5. Disciplinary Action

e. Teachers will receive a form back that indicates the positions into which they are pre­ approved to transfer and a reason for any denial of pre-approval, at least one week prior to the meeting.

f. If the team feels it is necessary, an interview with the candidate may be requested prior to the meeting.

g. When all else is equal, seniority will be the tie breaker.

h. If a teacher disagrees with a denial for pre-approval, they may file a grievance.

Section 4.

The teacher selected for the vacancy must hold at the time of selection a valid teaching certificate

for the vacancy selected. If a teacher fails to hold the requisite valid certificate, that position will then be awarded to the next qualified teacher with the greatest seniority holding a valid teaching certificate for the position.

Section 5.

As teachers select new positions as outlined above, the positions from which they are transferring shall be filled in the manner as prescribed above. All known vacancies and newly-created vacancies are to be filled before the conclusion of the Job Transfer Meeting.

Section 6.

Positions which are not filled at the Job Transfer Meeting which are not eliminated shall be filled in accordance with Section 9.

Section 7.

Every teacher who has been awarded a new position at the Job Transfer Meeting shall receive a subsequent correspondence, which memorializes in writing his/her new teaching assignment.

Section 8.

Nothing shall prevent a teacher from successfully bidding and being awarded more than one (I) teaching assignment at the Job Transfer Meeting. However, that teacher may only maintain one (I) position at a time.

Section 9.

At the completion of the Job Transfer Meeting, any position which remains unfilled (vacant) shall be filled first by teachers being recalled and then by regularly-appointed, newly-hired teachers who have been assigned to fill such vacancies.
Any position which is newly created or which becomes vacant after the Job Transfer Meeting shall be filled on a temporary basis until the next Job Transfer Meeting. Exceptions may be made when mutually agreed upon by the Federation and the Superintendent.

Section 10.

The President of the Union and the Superintendent of Schools shall jointly prepare rules to implement this procedure where needed aud shall publish these rules before each Job Transfer Meeting.

Section 11.

Depa1tment chairs shall have the same notification and transfer rights as teachers.

Section 12.

The provision of this Section shall not apply to filling coaching, supplemental, or other extra or co-curricula positions.

Section 13.

The Superintendent of Schools and the Union President may restrict the bidding into a vacancy if the transfer of one (I) teacher would deny a position to another teacher who would not be certified to fill the vacancy created by the first transfer.

ARTICLE 5 RESIGNATIONS

Section 1.

No resignation shall become effective during the first thirty (30) days after the opening of school, or thirty (30) days prior to the closing of school. In every case, before a teacher resigns, such teacher shall give a minimum of thirty (30) days written notice to the School Committee prior to the effective date of such resignation. Exceptions can be made at the discretion of the Superintendent of Schools.

Section 2.

In the event a teacher fails to submit his resignation without thirty (30) days written notice, a letter indicating same will be placed in said teacher's personnel file.

ARTICLE 6 LEAVES

Section 1. Funeral Leave

1.1 Five (5) consecutive schools days OF funeral leave shall be granted to teachers upon the death of anyone in the immediate family or anyone residing in the same household with the teacher. The computation should be based on days immediately following, or including the day of death. Commencement of the leave may be adjusted by the Superintendent because of extenuating circumstances.

1.2 "Immediate family" means father, mother, sister, brother, wife, husband, domestic partner, son, or daughter by blood or by adoption.

1.3 Funeral leaves shall be granted to at least one (1) teacher per building in the case of death of a retired teacher.

1.4 Funeral leave of three (3) days shall be allowed on the death of grandparents, grandchild, aunt, uncle, niece, nephew, or in-laws. The term "in-laws" shall include only the following: mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, grandparents, grandchildren, aunts, uncles, nieces and nephews of spouse/domestic partner.

1.5 Funeral leave of one (1) day shall be granted to one (1) representative of the Johnston Federation of Teachers and to one (1) teacher per building in the case of the death of a teacher. In the case of the death of a member of a teacher's immediate family, one (1) representative of the Johnston Federation of Teachers and one (1) teacher from the school building of the bereaved shall be granted one (1) day.

Section 2. Educational Leave

Teachers shall be entitled to one (1) day of educational leave with full pay per year. Such leave is intended to permit teachers to attend conferences, workshops, or other affairs of professional interest, that are applicable to the teacher’s area(s) of certification. Additional days may be granted at the Superintendent's discretion.

Section 3. Sabbatical Leave

3.1 Sabbatical leave shall be granted to teachers who have served in the Town of Johnston for a minimum period of seven (7) years.

3.2 Sabbatical leave may be taken for:

3.2.1 Study towards a higher degree in areas related to upgrading the teacher’s professional knowledge and skills. Teachers must be matriculating in an approved college or university program and take a minimum of three (3) courses per semester; said courses to be approved by the Superintendent.

3.2.2 Educational leave with the stated purpose being the upgrading of the teacher’s professional knowledge and skills, such purpose to be shown by a statement of professional objectives.

3.2.3 Research and writing of a dissertation or other scholarly work under the direction of a college or university in areas related to upgrading the teacher’s professional knowledge and skills.

3.3 All requests for sabbatical leave must be made on or before February 7th of the school year prior to the school year when the leave is to be effective.

3.4 Two (2) sabbatical leaves at half pay shall be granted each year.

3.5 The granting of sabbatical leaves shall be based on seniority.

3.6 Teachers taking a sabbatical leave shall enter into a written contract, which shall state:

3.6.1 That upon completion of the sabbatical leave, the teacher agrees to return to service in the Johnston School Department for a period equal to twice the length of the sabbatical leave.

3.6.2 That in default of such service, the teacher will refund to the School Department an amount determined by the following formula:

(No. of days not worked ) (Amount of Salary Paid)

(___________________) X (while on Sabbatical)

(No. of days required to work)

 

3.7 Teachers on sabbatical leave may only engage in full-time employment with written authorization of the School Committee.

3.8 Teachers must wait a period of ten (10) years from the conclusion of their first sabbatical leave (one or two semesters) before they will be eligible for a second sabbatical.

Section 4. Personal Leave

4.1 Each teacher shall be entitled to three (3) days leave with full pay with the permission of the Superintendent of Schools, for personal business that cannot be reasonably done outside of school hours. These personal days may be taken without stating the nature of the business to be conducted.

4.2 The Superintendent must be reasonable in granting or refusing said permission.

4.3 Personal days immediately preceding or following a holiday or school vacation may not be taken without prior approval of the Superintendent or his/her designee.

4.4 In the event that prior written notice is not possible, it is agreed that the teacher may secure oral permission of the Superintendent or his/her designee with the stipulation that a written request will be sent to the Superintendent as soon as possible.

4.5 All personal leave requests will be sent directly to the Superintendent, if possible, forty-eight (48) hours prior to taking of said leave, in a sealed envelope and his/her reply will be sent to the applicant in a similar manner

4.6 No member of the bargaining unit shall engage in any type of gainful employment while on personal leave.

4.7 All unused personal days may be added to a teacher's unused sick leave balance.

Section 5. Parental Leave

5.1 The School Committee shall grant a parental (mother and/or father) leave of absence without pay to a member of the bargaining unit who has completed at least one (1) year of service.

5.2 The leave of absence shall extend for up to one (1) year from the beginning of said leave. Upon written request, the Committee may extend the leave up to another year. Any such extension shall be by written permission. However, the total period of leave shall not exceed two (2) years. Any absence beyond two (2) consecutive years shall be deemed a resignation.

5.3 Employees returning from parental leave shall be restored to the position they held at the time such leave commenced in accordance with Article VI, Section 12.

5.4 Time spent on parental leave shall be considered as teaching service in the Town of Johnston for the purpose of seniority and placement on the salary schedule.

5.5 The commencement of the parental leave may, at the discretion of the teacher, begin at the conclusion of the teacher’s disability leave, if such leave was taken.

5.6 Employment practices and policies (excluding the commencement and duration of leave) the availability of leave extensions, accrual of seniority, and all other benefits and privileges shall be applied equitably to employees on parental leave.

5.7 Teachers taking parental leave shall have the right to continue in the medical and dental insurance program as defined in Article 9 during the period of leave. Teachers who exercise this right shall reimburse the School Department for the cost of the coverage.

Section 6. Adoption Leave

6.1 A teacher may take a leave of absence for the purpose of adoption. Such leave shall extend for up to one (1) year from the beginning of said leave. Upon written request, the Committee may extend the leave up to an additional year. Any such leave extension shall be by written authorization. However, the total period of leave shall not exceed two (2)
years.

6.2 Time spent on adoption leave shall be considered as teaching service in the Town of Johnston for the purpose of seniority and placement on the salary schedule. 

6.3 Teachers taking adoption leave shall have the right to continue in the medical and dental insurance program as defined in Article IX during the period of leave. Teachers who exercise this right shall reimburse the School Department for the cost of the coverage.

6.4 Teachers returning from said leave shall do so in accordance with Article 6, Section 12.4.

Section 7. Military Leave

Military leave of absence, without pay, shall be granted to a permanent teacher inducted into the armed forces for the required length of service, according to the terms of the Selective Service and Training Act of 1940, and subsequent Amendments to Congress.

Section 8. Organized Reserve Forces

8.1 Every teacher who is a member of a reserve or national guard component of the Armed Forces of the United States and who is called to duty while actively performing duties as a teacher shall be granted a leave of absence without loss of pay.

8.2 Such leave shall not exceed seventeen (17) school days.

8.3 It is agreed that the School Committee's liability, only for those days that school is in session, may not exceed the difference between the teacher’s military base pay per day and the teacher’s daily rate of pay prorated on 1/180th of the teacher’s salary.

8.4 This calculation shall apply to active duty for:

8.4.1 Training

8.4.2 Temporary duty assignments

8.4.3 Emergency call-ups (e.g. in case of flood, hurricane, riot, etc.)

8.5 In the event a teacher is called to duty due to a state of war, police action, etc., the School Committee shall be liable for the difference between the teacher’s military pay and teaching salary, as well as benefits, for the duration of the call-up. This Section applies only to teachers who have not volunteered for such duty.

Section 9. Jury Duty

Teachers called for jury duty during the school year shall perform such duty without loss of pay. Day(s) spent in fulfillment of the civic duty shall not be deducted from sick leave or personal days.

Section 10. Union Leaves

10 1 An employee who is an officer of the Federation or any of its affiliates and who is appointed or elected to the staff of the Federation or any of its affiliates shall, upon proper application, be given a leave of absence without pay and without any fringe benefits, for one (1) year for the purpose of performing legitimate duties for the Federation or any of its affiliates with the privilege of renewal.

10.2 The President of the Federation will be granted up to a total of ten (10) school days at full pay, for the purposes of conducting Federation business.

Section 11. Religious Leaves

Religious leave, not to exceed three (3) days per year, shall be granted to teachers whose religious obligations requires attendance at services held during the school day. Notification must be given at least one (1) school day prior to taking this leave or pay will be deducted.

Section 12. Unpaid Personal Leave

12.1 The School Committee shall grant, upon request of a teacher, an unpaid leave of absence for personal reasons.

12.2 Said leave shall be no less than two (2) semesters, nor exceed four (4) semesters.

12.3 12.3 Said leave shall exclude accrual of seniority and salary benefits for the duration of the leave, but shall not constitute a break in a teacher's total seniority. Accrual of seniority is allowed for parental leave and adoption leave.

12.4 Teachers returning from such leave shall return on the first day of school of a new semester only.

12.5 Teachers who are on unpaid personal leave may not engage in employment as a public school teacher.

12.6 Teachers may receive up to an additional five (5) days unpaid leave annually at the discretion of the Superintendent.

Section 13. Professional Leave

The School Committee shall grant a paid leave of absence for professional reasons (RIDE Fellowship, etc.) provided the School Department is reimbursed by RIDE, etc. Such leave shall be at the Superintendent's discretion.

Section 14. Returning from Leave

14.1 Personnel returning from leave shall be placed in the position held prior to their taking
leave so long as said leave is no longer than two (2) years.

14.2 Personnel returning from leave for a duration greater than two (2) years shall select a position in accordance with the provisions of Article IV.

14. 3 Any teacher who is on Parental Leave, Adoption Leave, Unpaid Personal Leave, or Professional Leave must notify the Superintendent, in writing of his/her intent  to request an extension of his/her leave, at least forty-five (45) days prior to his/her scheduled return date. Failure to do so shall be construed as a resignation, and the administration may proceed to fill that position without further notice to the individual. This provision shall not be applicable to sick, disability or FMLA leaves.

14.4 The School Committee is not obligated to approve more than one (1) unpaid personal leave (excluding parental leave) of a semester or longer duration up to two (2) years or a sabbatical leave during the years of a teacher's employment.

Section 15. Medical and Dental Insurance

Teachers who are on leave whereby medical and dental insurance are not provided shall have the right to continue in the medical and dental insurance program as defined in Article 9 during the period of the leave. Teachers who exercise this right shall reimburse the School Department for the cost of the coverage.

Section 16. Family Medical Leave Act (FMLA)

In circumstances where a teacher avails himself/herself of any form of leave that is provided by this contract, for reasons that are also FMLA and/or RIFMLA qualifying, the teacher’s contractual leave entitlement and his/her FMLA/RIFMLA leave entitlement shall run concurrently.

ARTICLE 7 SICK LEAVE

Section 1. Definition

A sick leave day is defined as a school day and is taken by a teacher by reason of that teacher's physical/psychological inability to perform his/her professional services on the particular day or for other reasons, such as family illness.

Section 2.

Teachers will accrue fifteen (15) days sick leave per year, at full pay per year of service, cumulative to ninety (90) days, except as provided in Section 4.4 of this Article. A first-year teacher shall not be entitled to fifteen (15) days sick leave at full pay before the completion of five (5) consecutive teaching days at the beginning of the school year. Teachers who have been in the Johnston School System for at least one (1) year shall be entitled to fifteen (15) sick days at full pay, commencing with the first day of the school year.

Section 3.

If a teacher leaves the employ of the Johnston School Department before the end of a complete school year, the School Committee shall have the right to pro-rate each sick day at a rate of 1.5 days per month for each month employed, except in the case of a teacher who is ill.

Section 4.

In the event of an emergency, such as hospitalization, surgery, long-term illness, or recuperation, each tenured teacher will receive ninety (90) days per school year as emergency sick leave at full pay, to be computed as follows:

4.1 If a teacher has already accruedninety (90) days sick leave, such teacher shall have no additional sick leave.

4.2 A teacher who has not accrued ninety (90) days sick leave shall be entitled to what the teacher has accrued, plus the number of additional days, which would be added to the accrued sick leave in order to reach a total of ninety (90) days.

4.3 It is understood and agreed that in no event will any teacher be entitled to more than ninety (90) days sick leave in any one year, except as provided in Section 4.4.

4.4 A teacher who continues to be ill and who has exhausted his/her sick leave shall receive from the School Committee the difference between the cost of the sick teacher's regular pay and no more than ninety ($90.00) dollars. However, if a teacher has accumulated more than ninety (90) sick days over the course of his/her total employment, he/she may elect to  discharge  those  sick days in lieu of applying for emergency sick leave and thereby not be subject to the ninety ($90.00) a day that would have been deducted. Note: Section 4.1 and this Section are applicable to tenured teachers only.

4.5 All requests for emergency leave by non-tenured teachers shall be presented to the Committee by the Chairman, discussed with them and a decision rendered.

4.6

A. The Superintendent may require a doctor’s note for any sick leave absence greater than five (5) consecutive days. This shall also include any requests for emergency sick leave. The School District may require that the member submit to a medical exam by the District doctor and that any and all medical records related to the illness, injury or any other medical reason for the absence or request for emergency sick leave shall be submitted to the District doctor. This examination must take place and the results forwarded to the School Committee and the individual teacher involved in a timely manner, so that the teacher's pay schedule is not interrupted thereby.

B. In an event of a difference of opinion between the member’s doctor and the District’s doctor, the member will be referred to a third doctor whose decision shall be final. The third doctor will be determined by a list of doctors to be agreed upon by the parties identifying the specialties of each of the doctors so an appropriate referral can be made.

The above procedure shall not interrupt the regular pay schedule of the teacher. This process will require strict timelines and the failure to provide medical records or keep an appointment shall result in the loss of sick leave and/or denial of emergency sick leave. The total cost of the medical services rendered by the physicians mentioned above, with the exception of the teacher's personal physician, shall be borne by the School Committee.

4.7 After granting an emergency sick leave to a teacher, the School Committee may require said teacher to be examined at six (6) month intervals from the date the leave was granted. Such examination shall be in the same manner as the initial exam in Section 4.6.

Section 5.

Any time lost through duty-incurred injuries, or childhood communicable diseases, will not be deducted from accumulated sick leave. Teachers will receive full pay to a maximum of seventy-five (75) school days. A medical certificate to verify said condition will be required and presented to the Superintendent. A teacher may use any earned accrued sick leave to receive full pay for up to one year from the date of the duty-incurred injury or absence due to childhood communicable disease. If a teacher requests to use available sick leave to supplement workers’ compensation benefits, the teacher will be charged a ½ sick day for each workers’ compensation day that is paid at the teacher’s full daily salary.

Section 6.

Health insurance will continue to be provided until exhaustion of sick leave as provided for herein.

Section 7.

Teachers may use their annual sick leave for the illness of family members and/or anyone residing in the same household.

Section 8.

During one’s employment, no teacher may be on emergency sick leave for more than one hundred eighty (180) cumulative days without the express approval of the School Committee.


ARTICLE 8 DISABILITY LEAVE DUE TO PREGNANCY, MISCARRIAGE, LEGAL ABORTION AND CHILDBIRTH


Section 1.

Teachers may take disability leave for the purposes of pregnancy and childbirth.

Section 2.

Said leave may be taken for a period of time not to exceed twelve (12) weeks, which may be taken before or after the expected birth of the child.

Section 3.

Time spent on such leave shall not exceed a teacher’s accrued sick leave and shall be deducted from the accrual of sick leave.

Section 4.

A teacher, who takes disability for the aforementioned reasons or who takes disability leave for purposes of miscarriage or legal abortion, shall have her doctor verify such condition on a form negotiated by the Federation and the School Committee.

Section 5.

If a teacher continues to be ill after the twelve (12) weeks following childbirth, said teacher may be allowed to use any unused accrued sick leave, providing her physician verifies her illness and inability to return to work on the form described in Section 4. The School Committee may exercise its right, regarding such request, as stated in Article 7, Section 4 6.

Section 6.

A teacher who has exhausted her sick leave shall not be eligible for disability leave.

Section 7.

At the conclusion of a disability leave, a teacher may immediately request a parental leave.

Section 8.

Employment practices and policies, including the commencement and duration of leave, the availability of leave extensions, accrual of seniority, all health and disability insurance and all other benefits and privileges shall be applied equitably to employees on leave due to pregnancy, miscarriage, legal abortion, and childbirth.

Section 9.

Employees returning from sick leave due to pregnancy, miscarriage, legal abortion, and childbirth shall be restored to the position they held at the time such leave commenced, as per the provisions of the Agreement.

ARTICLE 9 MEDICAL/DENTAL COVERAGE

Section 1.

The Johnston School Committee agrees to provide health insurance for all employees covered by this Agreement under the conditions, which follow:

All employees shall be entitled to Individual or Family coverage. Effective January 1, 2017 the healthcare plan for all active teachers shall be a Health Savings Account, (hereinafter referred to as an “HSA”) with a fiscal year deductible of $1,500.00 for individual coverage and $3,000.00 for family coverage, said deductibles shall be paid by the teacher. The Johnston School Committee shall provide an HSA healthcare plan which shall have the same benefit level, service level and network level no less than the healthcare plan in effect at the execution of this contract. The monetary amounts of the above-cited deductibles shall be paid in the following manner:

1.1 The Johnston School Committee agrees to advance the monetary amounts of said deductibles ($1,500.00 for individual or $3,000.00 for family) to a prepaid credit/debit card that shall be issued to each member. Each member shall utilize said credit/debit card for medical payments at points of service to satisfy said deductibles of the HSA plan.

1.2 Teachers, through payroll deduction, shall pay the above-cited monetary amounts of said deductibles, advanced to the teacher by the Johnston School Committee, back to the Johnston School Committee. The said amount of deductible shall be equally divided by the total number of pay periods within the year and shall be withheld prior to payroll taxes being withheld.

1.3 On or about December 15th of each year, teachers shall indicate to the Johnston School Committee as to the monetary amount to be advanced by the Johnston School Committee onto the prepaid credit/debit card for each member to equal the amount needed to satisfy said deductible ($1,500.00 for individual and $3,000.00 for family.) The Johnston School Committee and the Union acknowledge and agree that the monetary amount needed to be advanced by the Johnston School Committee to each member can vary in amounts, due to the usage and debiting from each teacher’s account during the fiscal year. (Example: Employee A with a family plan started the year with $3,000.00 advanced by the Johnston School Committee to the credit/debit card. The Johnston School Committee withheld $115.38 for each of the twenty-six (26) pay periods in the fiscal year. Employee A used $2,000.00 of the deductible for the prior fiscal year and therefore has a $1,000.00 balance. On or before December 15th, Employee A notifies the Johnston School Committee to advance only $2,000.00 to the credit/debit card for the upcoming fiscal year to meet Employee A’s required $3,000.00 deductible for the upcoming year. The Johnston School Committee would then withhold $76.92 for each of the twenty-six (26) pay periods for the upcoming year, etc.)

1. 4 Any and all costs associated with the administration of said credit/debit card shall be borne by the Johnston School Committee.

1.5 The Johnston School Committee agrees to provide all teachers and their family members, if applicable, with credit/debit cards at no cost to said teachers.

1.6 Any charges associated with replacing the credit/debit card to teachers due to loss or theft of the card shall be borne by the teacher.

1.7 There shall be no premium co-share of the above-cited HSA plan to be contributed by the teacher toward the cost of the HSA plan. The cost to teachers for the HSA plan shall only be the above-cited deductibles.

1.8 Teachers who sustain an occupational injury/illness shall be covered for any and all medical care, including but not limited to prescription drugs, through a special medical rider that shall be provided for through the Johnston School Committee at no cost to the teacher nor the above-cited HSA plan.

1.9 Teachers who reach the age of 65 will continue to be carried in the same high deductible plan as teachers under the age of 65, but will receive the benefit of an employer funded Health Reimbursement Arrangement. Teachers who reach the age of 65 are not prohibited from continuing in the High Deductible/HSA healthcare plan provided that the teacher defers Medicare and continues employment.

* Commencing January 2023 the HSA deductible will be $1,750 for an individual plan and $3,500 for a family plan.

Section 2. Prescription Drug Plan

The Johnston School Committee shall provide a prescription drug plan Family or Individual, as needed. The Johnston School Committee shall provide a prescription drug plan benefit level, service level, and network level no less than the prescription drug plan in effect at the time of the execution of this contract.

Section 3.

Should the healthcare provider or the Internal Revenue Service determine that healthcare coverage cannot be provided to a domestic partner or a dependent child to age 26 or such other age as may be set by the Affordable Healthcare Act, the district will pay for that healthcare service that would otherwise be provided by the healthcare plan in effect.

Section 4.

If the member is subject to any penalty levied by the Internal Revenue Service as a consequence of health insurance provided for a domestic partner or a dependent child as identified above, the District will indemnify said member for the amount of the penalty.

Section 5.

The Johnston School Committee shall provide a dental care benefit level, service level, and network level no less than the dental care in effect at the time of the execution of the contract. The Johnston School Committee shall provide a dental care Individual or Family plan coverage and also include a Student Rider to age 26 for dependents. Teachers will not be required to contribute a co-share  in order to receive dental care in accordance with the plan provided by the Johnston School Committee.

The Johnston School Committee shall continue individual dental benefits for retirees at the same level as benefits provided to teachers at no cost until the retiree reaches age 65.

The Johnston School Committee shall allow retirees who are 65 and older to be placed under the Group Plan for dental care coverage Individual or Family; such cost for the plan shall be paid by the retiree.

In accordance with Article 56, Article 56 shall be amended to be consistent with Article 9.

Section 3. Medical and Dental Option

3.1 Teachers shall have a yearly option of receiving a cash payment of one thousand dollars ($1,000) in lieu of the cost of their Dental and Medical coverage, as provided in Article IX of the Agreement. If an employee elects only one (1) coverage (medical or dental), then the cash payment shall be reduced in the ratio of the medical premiums versus the dental premiums adjusted on an annual basis.

3.2 All teachers shall be notified by the School Department on the first day of school in September as to the availability of this option.

3.3 Those teachers availing themselves of the option shall return the form no later than September 30th.

3.4 Payment will be made by a separate check the last pay period in June or on the first pay period in July at the discretion of the School Committee.

ARTICLE 10 TEACHERS' SCHEDULES AND ASSIGNMENTS

Section 1.

Every reasonable effort shall be made to schedule teachers on an equitable basis according to: (1) the number of classes taught; (2) non-teaching assignments performed (including office assignments); ; (3) class size; (4) ability grouping, (5) number of preparation periods; (6) parental contacts; (7) number of assignments/projects to be graded; and (8) written feedback directed to students based on their written work.

Section 2.

Elementary: If for the subsequent school year a teacher's school or grade assignment is to be changed, then that teacher shall receive notification of said change no later than five (5) school days after the end of the school year, but prior to the Job Transfer Meeting. Teachers' preliminary schedules and class rosters shall be provided no later than August 15th.

Elementary Itinerants: The established teaching schedule of an itinerant teacher shall not be altered without the consent of that teacher, except when an event, e.g. field trip, special program or assembly has been scheduled, provided that the itinerant teacher has received a notice of the change at least one (1) week in advance.

Middle - High School: If for the subsequent school year a middle or high school teacher's school assignment or subject-matter assignment is to be changed, then that teacher shall receive notification of said change no later than five (5) school days after the end of the school year, but prior to the Job Transfer Meeting.

All middle and high school teachers shall receive their teaching preliminary schedules for the forthcoming school year no later than August 15. These schedules should include subjects, course titles, class lists and all other pertinent information. For all schools, elementary, middle and senior high, if other changes are necessitated during the summer, the teacher(s) shall be notified as soon as possible.

ARTICLE 11 DUTY FREE AND PREPARATION PERIODS

The Committee and the Federation agree that the primary responsibility of teachers is to teach and that their energies should, to the extent possible, be utilized to this end.

Section 1. Senior High School

1.1 Teachers at the Senior High School shall be allotted one (1) preparation period per day. Teachers shall be free to leave the building upon notifying the principal or designee during preparation periods.

1.2 In addition, the principal in the Senior High School shall provide common planning time a minimum of once per seven (7) day cycle in accordance with the current high school schedule, including but not limited to, in-service related to literacy, curriculum, assessments, rubrics and reviewing student work. Common planning time shall occur during teachers' office assignment period.

Section 2. Nicholas A. Ferri Middle School

2.1 Teachers at the Nicholas A. Ferri Middle School shall be allotted one (1) preparation period per day. Teachers shall be free to leave the building upon notifying the principal or designee during preparation periods.

2.2. In addition, the principal at the Nicholas A. Ferri Middle School shall provide teachers with two (2) common planning times per week during the student day. The common planning time shall be used by interdisciplinary and content-specific teams of teachers, administrators, and other education professionals for substantive planning of instruction, looking at student work, addressing student needs (especially those with the greatest needs) and providing opportunities for group professional development.

2.3 In no case shall a teacher be assigned to a class coverage/duty or training during his/her scheduled common planning period.

Section 3. Elementary

3.1 Each elementary teacher will be scheduled for two (2) duty-free recess periods (fifteen minutes each), one of which may be appended to the thirty (30) minute duty-free lunch period each school day. All other elementary itinerant teachers shall be entitled to a duty-free lunch and thirty (30) minutes of additional duty-free time during each school day, in lieu of the two (2) fifteen (15) minute recess periods. Teachers, upon notifying the principal's office, shall be free to leave the building during their lunch period and/or preparation period.

3.2 No bus duty, lunch duty and/or recess duty shall be required of any teacher.

3.3 Elementary teachers will have four (4) preparation periods of forty-five (45) minutes each per week, excluding duty-free lunch and recess periods. Further, teachers shall be free to leave the building during their preparation period and/or lunch period upon notification to the office. The principal shall attempt to schedule no more than one (1) preparation period per day. In no case shall a teacher have two (2) preparation periods in one (1) day for two (2) consecutive years.

3.4 Whenever a special subject (itinerant) teacher is scheduled to teach a class, the regular classroom teacher shall not be required to remain in the class, but shall use such time as preparation time.

3.5 Whenever an itinerant teacher does not teach a scheduled class, the classroom teacher will receive $18.27 in lieu of preparation time.

3.6 Travel time shall not be included in duty-free time, duty-free lunch and preparation periods.

3.7 In the event that there is a delayed opening of schools, all recesses will be held in order for all faculty to have equitable, duty-free recesses.

ARTICLE 12 BUS DUTY AND DETENTION DUTY AT THE SENIOR HIGH SCHOOL AND MIDDLE SCHOOL

Section 1.

No bus duty shall be required of teachers at the Nicholas A. Ferri Middle School or the Johnston Senior High School.

Section 2.

No office detention duty shall be required of teachers at the Nicholas A. Ferri Middle School or the Johnston Senior High School

ARTICLE 13 SPECIAL SUBJECT (ITINERANT) TEACHERS

Section 1.

Special subject teachers shall be provided on an equitable basis for all schools in all grades.

Section 2.

Special subject teachers shall be provided and programs maintained for Grades Pre-K through 12 in the areas of Art, Physical Education, Health, Music, Guidance and Library and shall further conform to the Basic Education Program of the Rhode Island Department of Education.

ARTICLE 14 SUBSTITUTE TEACHERS

Section 1. Substitute Teacher Roster

A roster of substitute teachers, adequate in number to cover all levels of education, shall be maintained and utilized by the School Department to cover for absent teachers.

Section 2. Volunteer Coverage Roster

2.1 In the event a substitute teacher is unavailable to cover an absent teacher's class, teachers at the Ferri Middle School and High School may volunteer to cover an absent teacher's class during their preparation period.

2.2 A roster of said teachers will be kept and utilized in assigning said teachers. Such assignment shall be fair and equitable.

2.3 The rate of pay shall be $18.27 per period covered.

2.4 Payment shall be made the second pay period of each month for coverage during two (2) prior pay periods.

Section 3. Distribution of Absent Teacher's Class

3.1 In the event substitutes are not available, students may be distributed among the staff. Such distribution will be done proportionately and equitably among staff. A record will be kept of how each distribution was made. Said record shall be kept by the Principal of each building and open for review by the Federation.

3.2 The rate of compensation for such distribution shall be $3.96 per student per day at the elementary level. When this distribution takes place at Ferri Middle School or Johnston High School, the rate of compensation per day shall be 1/5 of the per student per day rate ($.79) for each period of coverage. No compensation shall be paid for students assigned to a study hall or to the library/media center (provided there is no class in the library/media center).

3.3 Payment shall be made in a separate check the first pay period in December and the first pay period in July.

ARTICLE 15 SCHEDULES OF FEDERATION OFFICERS

The President, Vice President, Vice President of High School, Vice President of Middle School and Vice President of Elementary Schools, of the Johnston Federation of Teachers shall not cover a homeroom or be assigned any administrative duties.

ARTICLE 16 EVALUATION POLICY

Section 1.

Teachers shall be evaluated in accordance with an evaluation system approved by the Rhode Island Department of Education and recommended by the local District Evaluation Committee.

Section 2.

The parties agree that a joint committee entitled the District Evaluation Committee will be established and will consist of equal numbers of administrators and teachers, from elementary, middle and high school, selected by the Union, to oversee implementation of the model. This joint committee shall remain as a standing committee for the duration of the agreement for the purpose of oversight, further development and implementation of the evaluation system and process.

Section 3.

Teachers shall be notified of the observer’s evaluation of their performance no later than the 3rd school day after each visitation. Teachers shall be offered constructive criticism to enable them to improve their performance. Teachers shall be provided an evaluation time line by the end of September for the year of their evaluation.

Section 4.

In no case shall the evaluation process be used to harass or pressure a teacher.

Section 5.

Teachers shall receive all evaluations, observations and summations throughout the evaluation process. All evaluative notifications shall be signed by the evaluator(s) and the teacher. Such a signature, electronic or otherwise, by the teacher shall indicate only that the teacher has read the evaluation observation and/or summation; it does not indicate the teacher’s approval or disapproval of the evaluation observation and/or summation. If the teacher disagrees, the teacher may comment in writing and said comments shall be attached to the evaluation form. These comments may be added at the time the evaluation observation and/or summation is signed by the teacher. The parties further agree that an election by a teacher not to comment upon the evaluation observation and/or summation shall not be construed as an indication that the teacher approves of the evaluation observation and/or summation. The teacher shall receive notification of their summative rating no later than 15 school days prior to the end of the school year. If the teacher does not agree with their summative rating, they may appeal pursuant to  the District Evaluation Committee appeal process.

Section 6.

If the evaluation procedures are not adhered to, the evaluation is null and void.

Section 7. 

An evaluation of a teacher should be based solely on information obtained from clinical observations. In no case shall an evaluation of a teacher be based on rumor or innuendo; evaluations shall be based on clinical observation.

Section 8.

Changes in this language shall be negotiated between the School Committee and Federation.

Section 9.

The District Evaluation Committee shall establish an evaluation appeals process.

ARTICLE 17 PERSONNEL FILES

Section 1.

Teachers shall have the right to inspect their own personnel files at reasonable times.

Section 2.

They shall be notified when any new material, other than routine matters or evaluations, are added to their personnel files.

Section 3.

They shall have the right to answer, in writing, any material in their file.

Section 4.

Nothing in this Section shall give the teacher the right to remove materials from the file or to remove the file from the office.

ARTICLE 18 ACADEMIC YEAR/PROFESSIONAL RESPONSIBILITIES

Section 1. Length of School Year

1.1 School shall be in session no more than one hundred and eighty (180) days.

1.2 The school year for teachers shall be no more than one hundred and eighty-three (183) days. The 181st day shall be the business day immediately preceding the first school day. During the 2012-2013 school year, the 182nd and 183rd days shall be achieved by the teachers attendance at ten (10) hours of after-school professional development workshops offered within the Johnston School District between September and June. In addition, teachers shall be required to attend five (5) hours of professional development workshops, which shall be offered during the regular school days within the one hundred eighty (180) day school year. Effective as of the 2013-2014 school year, the 182nd and 183rd days shall be five (5) hour professional development days, each day provided by the Johnston School District, which days shall immediately precede the business day referred to above.

1.3 The School Committee shall require new employees to attend one (1) additional orientation day in addition to the one hundred eighty-three (183) days of work.

Section 2. Length of School Day

2.1 The workday of certified personnel before and after the student day shall be considered duty free; that is, without administrative or teaching assignment in addition to duty free and preparation time as provided in Article 11.

2.2 The minutes after the student day may be reduced or eliminated at the discretion of the principal or the principal's designee.

Section 3. Compulsory Bargaining

The parties agree that should major additions or a new school or schools be built, or should the necessity of split sessions, a change of grade-level configuration or the extension of the Kindergarten or pre-school school day, or any other extraordinary consequence impacting on the system which may affect the time of the school day arise, then compulsory "midstream" bargaining will ensue, but will be limited to this article and one issue of the Union's choosing.

ARTICLE 19 SCHOOL HOURS

The school day shall have the following time schedule:

 

 

Student Day

Teacher Day

1.   High School (see Appendix B)

7:17 – 1:35

7:08 – 1:38

2. Middle School

7:41 – 2:00

7:35 – 2:05

3.  Elementary 9:10 – 3:25

9:05 – 3:35

 

Thornton
Winsor Hill
Barnes
Brown Avenue

4.  Early Childhood Center/Graniteville Annex

a)               Full-Day Program                                    

8:15 – 2:30                  8:10 – 2:40

b)               Half Day Program                        

A.M.    8:15 – 11:00           8:10 – 2:40
P.M.    11:45 – 2:30           8:10 – 2:40

ARTICLE 20 SENIORITY

Section 1. Definition and Guidelines for Determining Seniority

Seniority shall be defined as a teacher's length of continuous service from the date of said teacher's original employment, discounting any time laid off or on approved unpaid personal leaves of absence.

1.2 Where the date of original employment is the same for two (2) or more teachers, the order of seniority shall next be determined by:

1.2.1 The date of original appointment by the School Committee unless the appointment date is later than the employment date;

1.2.2 then by the order in which the motion appointing individual teachers was adopted by the School Committee, and in the event that more than one (1) teacher was appointed by a motion;

1.2.3 the order in which the teachers’ names appear in the motion.

1.3 If a teacher is employed on a temporary basis in his/her area of certification and is subsequently appointed to any position as a permanent teacher, then the teacher shall have all such time counted towards total seniority in the Johnston Public Schools, provided there was no break between the periods of temporary employment and the period of permanent employment. In such a case, the first day of employment in the temporary position shall be the date of original employment.

1.4 Those periods of time that do not count toward total seniority are:

1.4.1 Periods of layoff: These periods will not, however, constitute a break in seniority.

1.4.2 Disciplinary suspensions: A teacher who is vindicated from such suspension shall not be penalized for the time of the suspension.

1.4.3 Authorized personal leaves of absence, as described in Article 6, Section 12.

Section 2. Certification Seniority

2.1 All teachers shall have seniority in their area(s) of certification from the date of original permanent employment.

2.2 All teachers shall have on file in the Superintendent's Office on or before February 7th of each school year, an up-to-date record of their certification.

2.3 Those teachers who anticipate a change in their certification on or prior to June 15th of any year must notify the Superintendent, in writing, of said anticipated change on or before February 7th of the year the change is to take effect.

2.4 Teachers who notify the Superintendent of an anticipated change will provide on or before June 15th, documentation that all necessary requirements for the change in certification have been met.

Section 3. Application of Seniority

3.1 Layoff of Teachers - the manner in which teachers apply their seniority rights for the purpose of bumping shall be in the following order:

3.1.1 System-wide in their present area of employment.

3.1.2 System-wide in any area of certification in the order the certification was issued by the Department of Certification.

3.2 Teachers Recalled to Position of One Hundred-Eighty (180) Days’ Duration in a School Year or Longer

3.2.1 Teachers who have been laid off and are recalled to positions of one hundred and eighty (180) days’ duration, in a school year or longer, shall apply their seniority rights during subsequent layoffs as follows:

a) In the same manner and order as stated in Section 3.1

b) Certification(s) obtained while on the recall list shall be applied to subsequent layoffs provided said certification(s) was recorded in the Superintendent's Office on or before October 1st of the school year in which the teacher was recalled to a position of one hundred-eighty (180) days’ duration, in a school year or longer. No teacher who obtains a new certification(s) while on the recall list and not employed for a period of one hundred-eighty (180) days shall use said certificate to bump a teacher not on the recall list.

3.2.2 Teachers shall be recalled, to any position in which they are certified, by seniority, most senior first.

3.2.3 Teachers recalled to positions of one hundred and eighty (180) days’ duration in a school year or longer shall receive all pay and benefits accrued prior to the time of layoff.

3.2.4 All benefits to which a teacher was entitled at the time of layoff, including unused accumulated sick leave, shall be restored when said teacher is recalled to positions of one hundred and eighty (180) days’ duration in a school year or longer.

3.3 Teachers Recalled to Positions of Thirty (30) Days but Less Than One Hundred and Eighty (180) Days’ Duration

3.3.1 Teachers on the recall list shall be offered temporary assignments of periods of thirty (30) days but less than one hundred and eighty (180) days’ duration.

3.3.2 Teachers on the recall list accepting said positions of thirty (30) days or more duration shall receive no seniority or leave benefits, but shall receive annual sick leave pro-rated over the number of days to be worked.

3.3.3 Teachers on the recall list are under no obligation to accept positions of less than one hundred and eighty (180) days’ duration.

3.3.4 Teachers on the recall list only, who are employed as substitutes in one assignment, shall be paid according to the following schedule:

For each assignment from:

a) Day 1 through day 15 daily substitute rate.
b) Day 16 through day 30 $100 per day,
c) Day 31 through day 180 full pay for total number of days worked retroactive to day 1, in accordance with Appendix A.

 

3.3.5 Teachers accepting positions of a semester or longer shall receive full medical benefits.

3.4 Grade and Class/Team Reductions, Consolidations and/or Reorganizations - Application of Seniority.

When the number of grades or classes at an elementary level is reduced, seniority as defined in Section 1.1 above shall be applied in the following manner:

a The teacher with the greater seniority at the affected grade level shall have the option of remaining at the grade level or exercising seniority at any grade level within the building.

b The less senior teacher at the affected grade level, if the more senior teacher chooses to remain in the grade, may exercise seniority at any grade level within the building.

c. If there is a reduction of a team at the Middle School or any other teaching position, the teacher(s) adversely affected shall have the option of remaining in his/her current area of certification or going to the Job Transfer Meeting, providing he/she is senior to another teacher exercising the same teaching certification.

d. All bumping resulting from the above shall be based on seniority.

e. When reorganization or need for reassignment takes place, those currently holding the following positions and those who select such positions at the Job Transfer Meeting shall select their assignments by seniority as Psychologists, Student Support Coordinators, Social Workers, Speech/Language Pathologists, Nurses, Elementary Itinerants, and Elementary Literacy Coaches. Selection of assignments shall take place by August 1st and designation of a proxy shall be permitted.

3.5 Administrators

3.5.1 When an administrator is returned to the bargaining unit, time as an administrator will count towards total seniority, provided the administrator taught for a minimum of three (3) years in the Johnston School System immediately prior to appointment as an administrator.

3.5.2 When an administrator is returned to the bargaining unit, said administrator shall have the right to return to a position in accordance with the provisions of Article 4.

Section 4. Termination of Seniority

The following shall constitute a break in seniority:

4.1 Voluntary resignation or retirement.

4.2 Discharge for disciplinary reasons.

4.3 Failure to respond within fifteen (15) days to a notice of recall from layoff to a position of one hundred-eighty (180) days or more.

ARTICLE 21 DISMISSAL POLICY

Section 1.

Tenured teachers shall not be dismissed or suspended except for good and just cause.

Section 2.

Any teacher aggrieved by a decision of the School Committee to dismiss or suspend them for reason due to:

a) a substantial decrease of pupil population, or
b) a reorganization within the school system, shall appeal said decision to the Commissioner of Education in accordance with Title 16, Chapters 13 and 39, of the General Laws of the State of Rhode Island.

ARTICLE 22 WORKLOAD

It is the goal of the parties to provide reasonable equitable workloads for members of the collective bargaining unit. Workload includes items such as the number of students instructed, the number of preparations, the frequency and number of parental contact and conferences, the extent and frequency of evaluation of written work of students, their contacts and expectations beyond the instructional setting, such as student conferences. In an effort to achieve this goal, effective September 1, 2000:

Section 1.

The School Committee will endeavor not to assign more than:

a) pre-school class size is determined by state regulations

b) twenty-two (22) students in Kindergarten, 1st and 2nd grades; (including elementary Gym (P.E.) Health, Art and Music)

c) twenty-five (25) students in 3,d, 4th and 511' grades; (including elementary Gym (P.E.), Health, Art and Music)

d) twenty-five (25) students in grade 6 when in self-contained classrooms; no more than one hundred thirty-two (132) students instructed by a given teacher in English, Reading, Mathematics, Science and Social Studies, grades 6-12; and Foreign Language, grades 9-12. In addition, in all non-self-contained classes in grade 6 and in all classes in grades 7-12 there shall be no more than twenty-eight (28) students assigned to any one class.

e) for purposes of overage payment calculation, teachers will be paid in accordance with the memorandum entered in AAA-11-390-00804-04
Classes will be scheduled by August 15 consistent with the class sizes outlined above. Any additional adjustments in the class roster to comply with the class size outlined above will be completed on or before October 1. During the remainder of the school year, the School Committee will endeavor not to exceed these numbers. Teacher assignments cannot be altered during the school year. Teachers shall be compensated for classes exceeding the above class size limits. Student absences will not be deducted from class size calculations. Teacher absences will be deducted from class size calculations. The daily student cost for overages is fifteen dollars ($15) until a successor agreement is reached.

Section 2.

The number of students assigned to special education classes, school nurses, guidance counselors, and physical education teachers, etc., shall conform with established regulations and/or practices.

Section 3.

Nothing contained herein shall prevent the grouping of students for instructional purposes irrespective of age and/or grade level in consultation with classroom teachers.

Section 4.

If a student is included or mainstreamed into a regular classroom for more than fifty percent (50%) of the day (in the elementary school) or is expected to be evaluated by a teacher in the secondary school, then that student will be counted in the class size maxima, as outlined in Section 1 above.

Section 5.

In striving to meet these maxima, the School Committee may bus students to another school, create another class or section of a course, or assign additional professional or para-professional assistance before increasing class size.

Section 6.

At the high school, courses shall be given if a minimum of seven (7) students elect them, providing it does not necessitate the hiring of an additional teacher.


Section 7.

Whenever possible, teachers at the high school shall have no more than three (3) course preparations.

Section 8.

At Johnston High School, students may leave the school for the day upon completing exams to allow teachers to correct exams.

ARTICLE 23 SCHOOL CALENDAR

The school calendar shall be discussed between the Superintendent and the Federation prior to submission to the School Committee for approval.

ARTICLE 24 BULLETIN BOARDS AND MAIL BOXES

Section 1.

The School Committee shall make available in the teachers’ lounges, bulletin boards for the exclusive use of the Federation.

Section 2.

The Federation shall have the right to place notices, posters, literature, etc., in the teacher's mailboxes.

ARTICLE 25 SUPPLIES

Every effort shall be made to have on hand materials, texts, and other media upon the opening of school.

ARTICLE 26 GRADE CHANGES

No teacher shall be directed to change a grade or mark. Only an administrator shall change a grade or mark.

ARTICLE 27 MEETINGS

Section 1.

The Federation and the Superintendent shall meet as needed to discuss educational and contractual matters.

Section 2.

The Federation shall be entitled to meet with the Chairperson of the School Committee to discuss matters of educational importance or on issues which deal with the terms and conditions of the Agreement.

Section 3.

A copy of the School Committee’s agenda for all regular and special meetings shall be e-mailed to the Federation President at the time it is sent to the School Committee members.

Section 4.

A copy of all approved regular and special School Committee meeting minutes that the Federation is entitled to by law shall be provided to the Federation.

Section 5.

The School Department shall provide the Federation with three (3) copies of the annual budget when it is prepared and finalized each year.

ARTICLE 28 LIFE INSURANCE

Each teacher shall be provided with life insurance in the amount of $45,000.

ARTICLE 29 HALF-TIME POSITIONS

Teachers serving in half-time positions (e.g. single K-sessions) shall.

a) be considered members of the bargaining unit;

b) be entitled to all benefits and rights inherent in this Agreement that are granted to teachers serving in full-time positions.

c) shall receive one-half (1/2) their full-time salary as determined by Articles 22, 23, and 24 of this Agreement. 

ARTICLE 30 NOTIFICATION OF PERSONNEL CHANGES

The Federation Office will be notified when any teacher accepts employment, terminates employment, commences or terminates a leave of absence, or accepts a position which would change said teacher’s status relative to the bargaining unit. Such notification shall consist of the name, address, phone number, and reason.

ARTICLE 31 SALARY

Section 1. Salary Schedule

2021-2022                                                     

2.5% Increase to Top

Step 1.0% Increase to Steps 1-9

2022-2023     

3% Increase to All Steps

2023-2024

3% Increase to All Steps

Listed in Appendix A

 

Section 2. Method of Payment

2.1 Teachers’ salaries will be paid over twenty-two (22) pay periods; however, the pays will be divided into twenty-six (26) equal payments. The first twenty-one (21) payments will be 1/26th of the total salary. The 22nd payment will be a lump sum, single payment that contains pay for pay periods twenty-two (22) through twenty-six (26). All regular deductions in the final lump sum payment will represent the five (5) payments.

2.2 Paychecks will be itemized for up to eight (8) additional items detailing extra payments in addition to regular salary. The Federation shall provide to the Superintendent of Schools a list of the eight (8) items to be detailed by July 31 of each year.

2.3 At the beginning of each school year, the first paycheck will list a complete salary breakdown and sick leave accrual.

ARTICLE 32 EDUCATIONAL PREPARATION INCREMENTS

Section 1.

In order to receive additional increments, teachers must present to the Superintendent of Schools, on or before December 31st of each year, a statement stating what they anticipate their professional preparation will be the following September. Before payment for the additional increment is made, a
copy of the transcripts or degree must be presented.

IF THIS IS NOT COMPLETE, THE PRESENT PROFESSIONAL PREPARATION WILL PREVAIL FOR SALARY DETERMINATION.

Section 2.

2022-2023                                         

3.0% Increase to all educational increments

2023-2024

3.0% Increase to all educational increments

Listed in Appendix A

Section 3.

The hours beyond the Bachelor's or Master's Degree or PLUs (Professional Learning Units) need not be in an approved or planned program.

Hours beyond the Bachelor's or Master's Degree shall be any combination of PDCs, undergraduate or graduate courses.

Section 4.

The eligible coursework for remuneration under this section shall be undergraduate courses, graduate courses, PLUs, in-service workshops and/or courses or any combination thereof. Fifteen (15) hours of instruction in a PLU course shall be equivalent to one (1) credit for eligibility under this section.

Section 5.

If a teacher fails to maintain National Board for Professional Teaching Standards (NBPTS) status, the stipend amount would revert to the appropriate increment.

ARTICLE 33 LONGEVITY INCREMENTS

2022-2023
3.0% Increase to Longevity Increments

2023-2024
3.0% Increase to Longevity Increments

Listed in Appendix A

ARTICLE 34 COACHES AND EXTRA-CURRICULAR PERSONNEL

Section 1. Terms of Employment

1.1 Whenever qualified members of the bargaining unit are available, they shall be given preference over personnel from outside the bargaining unit for all open, vacant, or newly created positions unless the incumbent for the position is not a member of the bargaining unit.

1.2 Only coaches and extra-curricular personnel who are teachers in the Johnston School Department shall be subject to this Collective Bargaining Agreement..

1.3 In the event bargaining unit members are equally qualified the determining factor shall be seniority with seniority in coaching or extra-curricular positions taking preference over seniority in the system.

Section 2. Reappointment

2.1 Personnel who have received a satisfactory evaluation and about whom a decision is made to reappoint them will not have to reapply for said position(s).

2.2 In the event personnel receive an unsatisfactory evaluation and a decision is made not to reappoint them, they must be notified within thirty (30) days of the conclusion of their duties.

2.3 The position will then be posted according to the contract.

Section 3. Coaching Salaries

Listed in Appendix A

Section 4. Extra-Curricular Personnel Salaries

4.1 Activities

Listed in Appendix A

4.2 Adult Education

The parties agree that if this program is reinstituted, positions formally included in the Union, to the extent they are necessary, shall be re-included in the contract.

4.3 Home Tutoring

2021-2022

2022-2023

2023-2024

$40

$40

$40

 

4.3.1 All members of the bargaining unit desiring home tutoring assignments shall have their name on record no later than September 30th of each school year.

4.3.2 A list of said names shall be drawn up according to seniority and certification, most senior first. Any name added after September 30th of each school year  shall be added, as it is received to the bottom of the list, regardless of seniority.

4.3.3 Assignments shall be made according to seniority and certification as it appears on the list.

4.3.4 A refusal of an assignment offer shall not jeopardize a teacher being offered an assignment the next time his/her name comes up through rotation for an assignment.

4.3.5 All vacancies for home tutoring shall be posted on all Federation bulletin boards immediately, as they become available, and teachers on the home tutoring list notified accordingly.

4.4 Summer School

2021-2022

2022-2023

2023-2024

$40

$40

$40

 

The parties agree that if this program is reinstituted, positions formally included in the Union, to the extent they are necessary, shall be re-included in the contract.

4.5. The School Department may create curriculum-writing or program projects which shall be posted and the work compensated at a rate (flat or hourly) agreed upon by the Superintendent of Schools and the President of the Union.

ARTICLE 35 PRE-K-12 COORDINATOR /HIGH SCHOOL DEPARTMENT CHAIRS

Section 1.

There shall be a Health Services Coordinator Pre-K-12.

Section 2.

The compensation for the Pre-K-12 Coordinator shall be $1,461.

Section 3.

The compensation for High School Department Chairs shall be:

Departments of seven (7) and under teachers (including Department Chair and part-time teachers):

The Chair of the Unified Arts Department shall evaluate teachers in his/her content area. All other teachers within that Department will be evaluated by the principal or his/her designee. The job descriptions for the department chairs shall be revised to reflect the aforementioned changes.

Section 3.

Any vacancy occurring in the aforementioned positions shall be filled within forty (40) school days.

ARTICLE 36 TRAVEL ALLOWANCE

Section 1.

The Principal of the building in which the teacher’s office is located shall keep the log of the teacher’s mileage.

Section 2.

The Principal shall be notified of any deviation from the teacher’s original schedule.

Section 3.

The Principal shall submit the log to the Superintendent's Office the first day of each month for the preceding month's mileage.

Section 4.

The teacher shall receive payment on the second (2nd) pay period of each month.

Section 5.

The travel allowance shall be at the federally compensated rate adjusted January 1st annually.

ARTICLE 37 DIRECTOR'S COMPENSATION

The following stipend shall be in effect over the life of the contract of the following director: Director of Music: Stipend - $1461, plus travel.

ARTICLE 38 SCHOOL PSYCHOLOGIST

The stipend for the School Psychologist shall be $1096, plus travel. This stipend is in addition to the teaching salary.

ARTICLE 39 SEVERANCE PAY

Section 1.

Upon retirement from teaching after twenty (20) years of professional service in the Johnston School System, teachers will be paid for unused sick leave they have accumulated. Additionally, this applies to teachers who have worked at least ten (10) years in the Johnston School System and have reached the age of sixty (60) prior to their retirement. Teachers in either category shall receive payment according to the following schedule:

First 200 days - payment of $40.46 per day.

Each day beyond 200 days - payment of $52.22 per day.

Section 2.

As of July 1, 2006, total accrued sick days for all new hires shall not exceed two hundred (200)
days.

Section 3.

Teachers who give written notice to the Superintendent of Schools of their intent to retire on or before December 31 preceding the June of their retirement will receive a $250.00 bonus, which should be included in their lump sum payment.

Section 4.

Retiring teachers shall receive their severance pay in a lump sum payment, by separate check, within thirty (30) days of their retirement.

ARTICLE 40 TEACHER PROTECTION

Sections 1 through 6 refer to job-related injuries or property damage.

Section 1.

Teachers will immediately report incidents of personal injury or property damage to their school principal or immediate supervisor.

Section 2.

No teacher accused of assaulting a person will be suspended without pay from his/her duties before a hearing has been held before the Johnston School Committee.

Section 3.

Whenever a teacher is absent from school as a result of an assault, occurring in the course of employment, said teacher will be paid full salary for the period of such absence up to two (2) years from the date of injury and/or assault and no part of such absence will be charged to said teacher's annual sick leave. However, if this provision is inconsistent with law and regulation pertaining to permanent and temporary disability provisions, the law and regulations shall govern.

Section 4.

The School Committee shall have the right to have a teacher, referred to in Section 3, examined by a physician in the manner as stated in Article 7, Section 4.6.

Section 5.

Teachers shall receive prompt notification of pupils in their class who have physical and/or emotional problems within the knowledge of the administration.

Section 6.

Whenever teachers incur an on-the-job injury, the School Committee shall assume all financial liability over and above that paid by the health insurance providers. Such liability shall not exceed $1,000.

ARTICLE 41 INVOLUNTARY TRANSFERS

Section 1

Teachers may be transferred involuntarily for the following reasons only:

a the closing of a school;

b transfers resulting from the application of Article 20, Section 3.4

Section 2.

When involuntary transfers take place, all those affected shall select their new positions in accordance with the provisions of Article 4 or Article 20, whichever is applicable.

Section 3.

When all affected teachers have been reassigned in accordance with Article 20 (Section 3.4), then Article 4 shall take effect.

ARTICLE 42 RETURN RIGHTS OF "BUMPED" TEACHERS

Return rights of "bumped" teachers shall be in accordance with the provisions of Article 4.

ARTICLE 43 RETURN RIGHTS OF DISPLACED TEACHERS

A teacher who has been forced to teach in an area other than his/her original area of employment due to:

a) the abolishment of his/her original position, or

b) being bumped from his/her original position by a more senior teacher, shall have the right to return to his/her position in accordance with the provisions of Article 4.

ARTICLE 44 MEDICAL/DENTAL COVERAGE FOR RETIREES

Section 1.

The Johnston School Committee shall provide continued full Family or Individual Medical and Dental benefits for every member of the bargaining unit upon retirement, provided they:

a) receive retirement benefits under Chapter 16 of the General Laws of the State of Rhode Island,; and

b) shall have served at least twenty (20) years in the Johnston Public Schools at the time of retirement.

Section 2.

Coverage shall not be less than that received by said retiree at the time of retirement.

Section 3.

Coverage shall continue in full force until the retiree reaches his/her sixty-fifth (65) birthday.

Section 4.

Following the retiree's sixty-fifth (65) birthday, the School Committee shall provide the following medical coverage for the retirees only, for the remainder of his/her life:

a) Plan 65 b) Major Medical, $50 deductible c) 365-day coverage

Retirees and/or spouses who reach age 65 shall enroll in Medicare. The Johnston School Committee shall continue to provide the Medicare supplemental healthcare benefit level, service level and network level as currently provided at no additional cost to the retiree, no deductible and no co-share except as provided for in Section 6. The Johnston School Committee shall continue to pay any costs to the retiree associated with supplemental Medicare healthcare, including prescription drugs, and any penalties, interest or enrollment fees. Non Medicare-eligible retirees, spouses and dependents' coverage shall continue as provided herein. Teachers are not prohibited from carrying a spouse who is age 65 or older on the High Deductible/RSA family healthcare plan offered by the Johnston School Department.

Section 5.

Beginning on September I, 1997, the Johnston School Committee shall only be responsible for providing members with Individual Blue Cross-Blue Shield and Delta Dental coverage. Members may purchase the difference between Individual and Family health coverage after September I, 1997.

Section 6.

Effective after August 31, 2024 all future retirees shall pay a biannual co-share of $350 ($700 per year) for the Medicare Supplemental Plan.

ARTICLE 45 EXPENSE OF PRINTING AND DISTRIBUTING AGREEMENT

The Federation and the School Committee agree to share equally the cost of printing and distributing this Agreement in booklet form. The Collective Bargaining Agreement shall be posted on the School Department websites within thirty (30) days of execution.

ARTICLE 46 HEALTH AND SAFETY STANDARDS

Teachers shall work under safe, healthful and clean conditions.

ARTICLE 47 LESSON PLANS

Section 1.

All absent teachers are to leave enough written information for substitute teachers so they can proceed with the subject matter from the point where the teachers left off. When teachers know of the absence before leaving the previous school day, the essential information shall be left with the principal for the substitute. When the absence is unexpected, the teacher shall call in the necessary information before classes begin except for extenuating circumstances.

Section 2.

Prior to the beginning of the school day, the principal shall provide the substitute hired with said information. At the end of the school day, the substitute teacher shall return said information to the principal annotated to show what has been covered and the extent of said coverage together with any other comments relative to class performance during the school day. The substitute shall sign and date his/her statement and comments. The principal shall return said information signed by said substitute to the regular teacher when next said teacher returns to work.

Section 3.

Teachers shall not be required to prepare written lesson plans. However, teachers shall be prepared to teach.

ARTICLE 48 TEACHER MEETINGS

Section 1.

Four (4) mandatory teacher meetings shall be scheduled in advance at the beginning of each semester by the principal and the building representative(s) with a stipend of $780.00. Effective January 1, 2017, a stipend will no longer be provided for attendance at mandatory teacher meetings.

Section 2.

The total number of mandatory meetings shall not exceed four (4) per semester. In addition, said principal and the building representative(s) may schedule up to seven (7) voluntary meetings per year, four (4) of which may be in the first semester.

Section 3.

No meeting, other than in an emergency, shall be convened unless each teacher is provided a written and detailed agenda of the issues/topics of said meeting no later than three (3) school days prior to said meeting.

Section 4.

Teacher meetings shall begin no later than fifteen (15) minutes following the dismissal of students and shall last no longer than one (1) hour.

Section 5.

Upon mutual agreement between the principal and the faculty, teacher meetings may be held in the morning prior to the opening of schools.

Section 6.

In the event there is an emergency need, a faculty meeting of no more than fifteen (15) minutes duration may be convened by the building principal. Teachers shall be notified, whenever possible, at least twenty-four (24) hours in advance of an emergency teachers' meeting by written notice stating the nature of the meeting.

Section 7.

No meetings shall be scheduled for the last school day in a given school week or on the day prior to a vacation.

ARTICLE 49 CLOSING OF SCHOOLS

Section 1.

When adverse weather conditions prevail that warrant the closing of school, the Superintendent or his/her designee shall notify the radio stations by 6:00 A.M. Teachers shall also be notified of the closing of schools through district direct call.

Section 2.

The Superintendent's first priority shall be to delay the opening of schools, weather and road conditions permitting.

Section 3.

In the event a particular school experiences problems of a special nature, including but not limited to the school's heating system, burst pipe(s), etc., the Superintendent shall make every effort to immediately relocate students and staff to another comparable area or site or shall make every effort to close the school for children and to have the school's faculty report to an alternate site. Any time the temperature in a school falls below 60 degrees, this Section shall be enforced immediately.

ARTICLE 50 DISCIPLINE CODE

Section 1.

The Committee and the Federation agree that the adjustment of behavioral problems is the joint responsibility of teachers and administrators.

Section 2.

Teachers shall have immediate support from administrators and shall receive effective and consistent support from them in each specific discipline case.

Section 3.

When in the judgment of a classroom teacher a student's behavior seriously disrupts the instructional program to the detriment of other students, the teacher may refer said student to the principal or assistant principal in accordance with policies and procedures, as outlined in the student handbook.

Section 4.

In an instance where a student is referred to the principal or assistant principal, the teacher shall confer with the principal or assistant principal to provide the necessary information concerning the problem and shall provide a written statement at that time. No student accused of an offense, as listed in Section 5, may be returned to that class until the teacher and principal confer on the matter, or appropriate disciplinary action is taken.

Section 5.

Examples of offenses for which teachers may recommend a student's suspension from class or referral to the principal or assistant principal, include but are not limited to, profanity or obscenity, fighting, gambling, deliberate and open defiance of authority, inciting others to violence or disobedience, possession of pornographic literature, petty theft, petty vandalism, assault, and other major offenses, as outlined in the student handbook.

ARTICLE 51 SPECIAL NEEDS SERVICES

It is the responsibility of the district to provide substitute teachers or other appropriate coverage for the teaching personnel involved in I.E.P. conferences and E.T. meetings held during the school day, as required under Federal and State regulations.

ARTICLE 52 JOB EXCHANGE

Section 1.

Separate agreements may be formulated when two (2) teachers, with approval of the Superintendent, voluntarily agree to exchange positions temporarily for a period of one (1) year.

Section 2.

Both teachers must be certified in the positions to be filled under the exchange agreement.

Section 3.

Each teacher shall remain officially assigned to his/her permanent position with a notation that he/she is temporarily participating in a job exchange.

Section 4.

Each teacher shall accrue building/team/department seniority in his/her permanent position.

Section 5.

Said job exchanges must be renewed on an annual basis.

Section 6.

At the conclusion of the job exchange, each teacher shall return to his/her original permanent position.

ARTICLE 53 NEW PROGRAMS/CURRICULUM CHANGES/SCHOOL RESTRUCTURING

When considering the implementation of curriculum changes or new programs which may have the effect on working conditions, whether with local, state or federal funds, the School Department shall negotiate such changes with the Federation.

ARTICLE 54 PARENT-TEACHER CONFERENCES

Section 1.

Parent-teacher conferences will be held following the conclusion of the first quarter or first trimester.

Section 2.

The date and time of said conferences shall be set at a time mutually agreeable to the principal and the teachers. If no mutually agreeable date is reached, then the principal shall be responsible for setting said meeting.

Section 3.

Said conferences shall be two (2) hours in length. Teachers shall be required to attend.

Section 4.

In the case of extenuating circumstances, teachers may be excused upon direct permission of the principal if said conferences are held following the close of schools.

Section 5.

The School Department may schedule no more than one (1) evening conferences.

Section 6.

Related service providers (Social Workers, SLPs, SSCs, Psychologists, APE) do not have to attend parent-teacher conferences. In lieu of attendance at the conferences, the Special Education Director may schedule a meeting up to two (2) hours in length to meet with the providers. Said meeting shall be scheduled at the beginning of the school year.

ARTICLE 55 CURRICULUM REVISION OR DEVELOPMENT

Section 1.

Teachers shall receive notice when a curriculum committee is to be established.

Section 2.

Teachers shall be solicited to submit recommendations in their area of competence.

Section 3.

Proposed major revisions in curriculum shall be sent to teachers directly affected for comment before they are adopted.

ARTICLE 56 JOB SHARING

Section 1. General Provisions

a) In the event that two teachers wish to voluntarily share one of their teaching positions, they must submit a joint written request explaining their proposal to the Superintendent of Schools and Union President not later than June 1, preceding the school year for which they wish to job share. This date shall also apply to those teachers already participating in a job sharing program who wish to extend this arrangement.

b) The Superintendent, or designee, and Union President will meet with the teachers proposing the request to determine the working hours, teaching schedule, and the re-entry method being requested. The decision for approval of the request, made by the Superintendent, shall be fair and equitable.

c) If two teachers share a job-sharing assignment, a job-sharing substitute teacher will be hired to fill the vacancy created by the job-sharing partnership. The school system will require a one-half (1/2) leave to be taking by the job-sharing teachers, thereby making them eligible to purchase retirement credits.

d) At the conclusion of the job-sharing assignment, both job-sharing teachers shall be placed in the position held prior to their taking leave so long as said leave is no longer than two (2) years. (Article VI, Section 13) If said leave extends beyond two (2) years, the teacher with the greater seniority shall have the option of remaining in the position held prior to the job-sharing assignment or going to the Job Transfer Meeting. The less senior teacher shall select a position at the Job Transfer Meeting or remain in the position if the more senior teacher elects to vacate that position.

e) Participation in the Job-Sharing Program will not affect the seniority status of the participants.

f) Job-sharing positions shall be available only to regularly employed tenured teachers.

g) If, due to extenuating circumstances, a permanent teacher asks to return to full-time employment after the initial approval by the Administration to participate in the Job. Sharing Program, the request may be considered on an individual basis after discussion with the Superintendent. If approved, the return to full-time employment will be based on the placement in an available vacancy for which the teacher is certified to teach. However, there is no guarantee that when the individual returns to full-time employment, he/she will assume the position he/she was previously assigned to until the start of the following school year.

Section 2. Requirements

a) The Union will be notified of any such positions.

b) The granting of any job-sharing request is at the sole discretion of the Superintendent of Schools.

c) Preparation time and non-teaching duties will be assigned to the shared position in relation to other staff members in the building. However, the scheduling of said preparation time and non-teaching duties between the job-sharing teachers is at the discretion of the Building Administrator.

d) While both teachers are responsible for the information discussed at staff meetings, only one (1) teacher need attend the meetings.

Section 3. Financial Considerations

a) Both teachers' salaries will be prorated based on the percentage of the teaching schedule which the teacher shares.

b) The cost for benefits (medical, dental, etc.), personal days, sick days, or any other leaves will not exceed what it would have cost for said items for the most senior teacher of the job-sharing teachers in a full-time position.

c) The allocation of the aforementioned benefits will be prorated based on the percentage of the teaching schedule of which the teacher shares.

ARTICLE 57 INSTRUCTIONAL LEADERS

The Superintendent at his/her discretion may create positions entitled "Instructional Leaders". These positions shall be within the bargaining unit and shall be filled by bargaining unit members after posting such positions. These appointees shall be appointed and shall serve at the discretion of the Superintendent for a time he/she may deem necessary.

The major purpose of these leaders will be to coordinate professional development activities, enhance and improve the curriculum, and seek support of the broader community, including grant and foundation funding. If an appointee is from outside the bargaining unit, that he/she shall be a member of the bargaining unit and shall be covered by all the terms and conditions of this Agreement.

Provision becomes effective prior to the June 2006 Job Transfer Meeting.

ARTICLE 58 MENTORING

Section 1.

Teachers in their pre-tenure years or teachers who utilize another certification or change levels of employment by the Johnston School Department may participate in the Johnston School Department's Mentoring Program.

Section 2.

Effective September, 2007, all new hires to the Johnston School Department shall be required to participate for one (1) year in a mentoring program unless the hiree has acquired tenure in a previous teaching position. Teachers in their second year may request mentoring to continue.

Section 3.

New hires who were formally tenured teachers in another school district and/or Johnston teachers changing areas of certification or changing levels may participate in the mentoring program.

Section 4.

The Superintendent and the Union President shall meet and develop a plan to provide time for the mentors to meet with their mentees for the purpose of observing, planning and conferring.

Section 5.

The School Committee and the Federation agree to amend the existing contract to provide mentor stipends as follows: $1,000 to provide thirty-five (35) hours of mentoring and $500 for each additional mentee or portion thereof as determined by the starting date.

Section 6.

Nothing contained herein shall waive or amend the Johnston School Committee's right to suspend, non-renew or dismiss a teacher in accordance with Chapter 13 of Title 16 of the General Laws of the State of Rhode Island.

ARTICLE 59 EMPLOYEE ASSISTANCE PROGRAM

The Committee shall provide an employee assistance program for the benefit of teachers. The program shall be administered by a reputable and competent outside provider.

ARTICLE 60 COMMITTEE WORK

Section 1. Scope and Limitations

A. Compensation , as set forth in Section 3 below, shall be provided for pre-authorized, task-oriented or product-drive professional services, which are in preparation for and/or as a follow-up to the discussion or policy meetings of the following school-based or system-wide curriculum, advisory or policy-based or system-wide curriculum, advisory or policy committees/teams/councils (or by any other names):

1. School Improvement Teams;

2. Curriculum Councils;

3. System-wide Grade Teams;

4. Textbook Review Committees;

5. Discipline Code Committee/Student Handbook Committee;

6. Accreditation Committees (i.e. NEASC, SALT, etc.);

7. District Management Information Committee;

8. Technology Planning Committee;

9. Professional Growth and Development Committees;

10. All other school-based and/or district-based committees/teams/councils to be mutually established by the Superintendent of Schools and the JFT President.

Section 2. Composition and Organization

A. School-Based Committees/Teams/Councils

The composition and organization of the school-based committees/teams/councils governed by this Article shall be as follows:

1. There shall be an open selection process to be mutually developed, established and conducted by the Superintendent of Schools (or his/her designee) and the JFT President (or his/her designee). This will be the uniform procedure in all schools.

2. Teacher membership on committees/teams/councils shall be limited to a number fixed by mutual agreement between the Superintendent of Schools (or his/her designee) and the JFT President (or his/her designee).

3. Willing teachers shall be selected by seniority to facilitate the planning for the initial (discussion or policy) meeting and/or to prepare pertinent and relevant materials in preparation for said initial meeting. There shall be compensation, as set forth in Section III below, for the time spent by teachers in such facilitation and/or preparation.

4. All committees/teams/councils shall select their own chairperson or shall serve as a committee of the whole.

5. All committees/teams/councils shall select one (1) of its members to record, publish and maintain the minutes of all formal discussion or policy meetings.

B. System-wide Committees/Teams/Councils The composition and organization of all system-wide committees/teams/councils shall be set solely at the discretion of the Superintendent of Schools (or his/her designee) provided, however, that the JFT first be consulted with respect to which teachers might be appointed to serve and participate on said committees/teams/councils.

Section 3. Methods of Compensation

A. In lieu of monetary compensation, the administration may provide teacher members with released time from their teaching and non-teaching duties during the regular school day.

B. Compensation for pre-authorized work to be rendered by teacher members on weekends, during vacation/holiday periods, or before school/after school shall be at the current hourly rate of pay set forth under Article 35, Section 4 (Extra-Curricular Personnel Salaries) of the JFT Contract.

Section 4. Compensatory Time

A. Definition: The equivalent of one (1) compensatory day shall be equal to and credited for three and one-half (3.5) hours of pre-authorized work on all committees/teams/councils governed by this agreement. An accurate, detailed log of activities and of actual time spent on said activities shall be kept by the teacher and shall be periodically submitted to the Business Office for proper record keeping through the building principal/director.

B. Utilization: Earned compensatory time maybe utilized in increments of full days or half days at the discretion of teachers.

C. Accumulation: Earned compensatory days (or fraction thereof) may be accumulated indefinitely and all unused compensatory days on record at the time of separation from employment shall be converted into payment at the current hourly rate of pay.

Section 5. Oversight

Oversight of all the committee/teams/councils specifically governed by this Article shall be conducted jointly by the Superintendent of Schools (or designee) and the JFT President (or designee), each of whom shall serve in an ex-officio capacity on said committee/ teams/councils.

ARTICLE 61 - TEACHER IN CHARGE

The position of teacher-in-charge shall be selected by seniority in each elementary building. Said teacher shall receive an annual stipend of one thousand ($1,000.00) dollars.

ARTICLE 62 - CHILD OUTREACH SCREENING

Section 1

Specific dates and times will be agreed upon by the Superintendent and the Johnston Federation of Teachers (JFT) President for Child Outreach Screening.

Section 2

Participation in Child Outreach Screening by members of the bargaining unit shall be voluntary for those times beyond the school day/school week.

Section 3

A flexible work schedule during the school week shall be agreed upon by the Superintendent and the JFT President for those bargaining unit members who voluntarily participate in Child Outreach Screening outside the normal school hours.

Section 4

If a Child Outreach worker is asked to voluntarily work on a Saturday, he/she shall be entitled to compensatory time equal to the number of hours worked. Said compensatory time  shall be discharged within two (2) weeks of the day for which the compensatory time was earned

APPENDIX A: SALARIES

I. Teaching Salaries


Section I. Teaching Salaries               2021-2022

2022-2023

2023-2024

Step 1                                               42,461

43,735

45,047

Step 2                                               45,283

46,642

48,041

Step 3                                               48,393

49,845

51,340

Step 4                                               51,948

53,507

55,112

Step 5                                               55,506

57,171

58,886

Step 6                                               59,113

60,887

62,713

Step 7                                               62,377

64,248

66,175

Step 8                                              65,643

67,612

69,641

Step 9                                               70,831

72,956

75,145

Step 10                                             79,270

81,649

84,098

 

Section II. Education Increments Payments

 

 

2021-2022

2022-2023

2023-2024

B+l5                                                 2,733

2,815

2,899

B+30                                                2,861

2,947

3,035

B+36                                                3,118

3,212

3,308

M                                                     3,506

3,611

3,720

M+l5                                                3,634

3,743

3,855

M+30                                               3,763

3,876

3,992

M+45/CAGS                                     4,021

4,142

4,266

M+60                                               4,408

4,540

4,676

PhD                                                  4,537

4,673

4,813

NBPTS                                              6,025

6,206

6,392

 

Section III. Longevity Payments

 

 

2021-2022

2022-2023

2023-2024

Completion of 15 years                       2,733

2,815

2,899

Completion of 20 years                       2,989

3,079

3,171

Completion of 25 years                       3,247

3,344

3,445

Completion of30 years                       3,506

3,611

3,720


Section IV. Coaches' Salaries                                                                       

   
a)High School Boys 2021-2024
Cross Country   3,255
Football: Head  4,961
Assistant (2)   3,721
J.V.Head    3,255
J.V. Asst.

2,945

Wrestling: Head

4,650

Assistant

3,409

Soccer: Head

3,721

Assistant

2,945

Basketball: Head

4,650

Assistant

3,409

Hockey: Head

4,650

Assistant

3,409

Baseball: Head

3,721

Assistant

2,945

Outdoor Track: Head

3,721

Assistant

2,945

Tennis

3,270

Golf

3,270

Boys Volleyball

3,721

Boys Lacrosse

3,721

E Sports

3,270

Girls

 

Basketball: Head 4,650
Assistant 3,409
Volleyball: Head

3,721

Assistant

2,945

Soccer: Head

3,721

Assistant

2,945

Softball: Head

3,721

Assistant

2,945

Girls Lacrosse

3,721

Cross Country

3,255

Outdoor Track

3,721

Cheerleader

3,270


b) Middle School

2021-2024

Soccer: Boys

3,255

Girls

3,255

Cross Country

2,945

Boys Basketball

3,255

Wrestling

3,255

Assistant

2,479

Baseball

3,101

Outdoor Track

3,101

Assistant

2,479

Girls Volleyball

3,255

Girls basketball

3,255

Assistant

2,479

Track

3,101

Softball

3,101

Lacrosse

3,255

Cheer Dance Performance

3,255

c) Intramurals (High School and Middle School)

 

Boys

1,549

Girls

1,549

Section V. Extra-Curricular Salaries

2021-2024

a) High School Advisors

 

Senior Class

2,790

Junior Class

2,015

Sophomore Class

2,015

Freshman Class

2,015

Band

2,015

Chem Club

2,015

Choral Director

2,015

Dramatics

1,627

Newspaper

2,015

Yearbook

2,790

Student Council

2,818

Academic Decathlon (2)

2,015

Mock Trial

2,015

S.A.D.D.

2,015

Web Club

2,015

World Cultnres Organization

2,015

Coordinator for After-School Tutorial Program

2,242

National Honor Society Coordinator

2,015

Chemical Hygiene Coordinator

2,015


b) Middle School Advisors

 

Choral Director

2,015

Yearbook

2,015

Newspaper

1,706

Student Council

2,325

Dramatics

1,395

Band

1,500

c) Elementary: After-School Tutorial

$40.00 per hour

In the 2021-2022 academic year, the payment for "Elementary: After-School Tutorial" shall increase to $40.00 per hour.


APPENDIX B JOHNSTON HIGH SCHOOL

 

Student Day

Teacher Day

7:17 A.M. – 1:35 P.M.

7:08 A.M – 1:38 P.M.

 

Instructional Time:

Period 1

7:17 A.M. -8:07 A.M.

50min.

Homeroom/ Advisory

8:10 A.M. -8:24 A.M.

14 min.

Period 2

8:27 A.M. - 9:16 A.M.

49min.

Period 3

9:19 A.M. -10:08 A.M.

49 min.

Period 4

10:11 A.M. -11:00 A.M.

49 min.

Period 5

1st Lunch

11:03 A.M. -12:41P.M.

11:03 A.M. -11:26 A.M.

98 min.

2nd Lunch

11:28 A.M. -11:51A.M.

 

3rd Lunch

11:53 A.M. -12:16 P.M.

 

4th Lunch

12:18 P.M. -12:41P.M.

 

Period 6

12:44 P.M. -1:35 P.M.

51 min.

 

Total Instructional Minutes: 330


IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed by their agents hereunto duly authorized.

SCHOOL COMMITTEE OF JOHNSTON
JOHNSTON FEDERATION OF TEACHERS

MEMORANDA


MEMORANDUM OF AGREEMENT

The Federation agrees for the life of the contract, once new curriculum and/or changes to present curriculum have been negotiated and agreed to by the parties, it will not initiate any grievances on the curriculum content.


MEMORANDUM OF AGREEMENT

The parties agree that the Johnston School Committee shall continue to make every effort, including but not limited to, building new schools and/or additions to present schools, providing portable classrooms, etc., to provide adequate working space for speech therapists, social workers, school psychologists, diagnostic prescriptive teachers, and any other professional providing special services within individual schools

MEMORANDUM OF AGREEMENT

JOB TRANSFER PROCESS

  1. The Johnston School Committee is prepared to enter into a Memorandum of Agreement regarding the job transfer process. The Johnston School Committee and the Johnston Federation of Teachers acknowledge that there is litigation pending in the State of Rhode Island involving the City of Warwick School Department regarding the implementation of the Basic Education Program.  The Memorandum of Agreement will provide that, should the Rhode Island Department of Education or a court of competent jurisdiction issue a ruling on that dispute, the parties will abide by that ruling.  In the event of an appeal, the parties agree that they will abide by the ruling during the pendency of the appeal.
  2. In the event that no such ruling is issued by January 31, 2017 the parties agree that they will meet in an attempt to negotiate collective bargaining agreement provisions addressing the issue. IF the parties cannot reach an agreement by March 1, 2017 the matter shall be submitted to binding arbitration. The parties shall agree upon a specific arbitrator. The parties will further agree that the arbitration will conclude no later than April 15, 2017 and that a decision will be issued no later than May 15, 2017.

 

FOR THE JOHNSTON SCHOOL COMMITTEE                                  

 

FOR THE JOHNSTON FEDERATION   OF TEACHERS,
LOCAL 1702:

 



Janice D. Mele, Chairperson                                          Kathleen P. Kandzierski, President

 



Dr. Bernard DiLullo, Superintendent


I M P O R T A N T    D A T E S

 

September 1-30    Open enrollment period for home tutoring assignments.

September 30       Final day to choose medical/dental reimbursement option.

December 31        Final day to notify Superintendent of an anticipated change in educational increments.

February 7           Final day to request Sabbatical Leave.

February 7           Final day to notify Superintendent of an anticipated change in certification.

February 7           Final day to update certification.

June 15                Final day to file a written request for transfer (Article IV – Transfers).

June 15                Final day to present documentation for certification changes.

Note: The aforementioned is provided for convenience purposes only and shall not be considered a part of this agreement.