** NEW ** Tentative Agreement


This document contains the entire Tentative Agreement with personal explanations of the intent of the new language changes along with personal comments by our President Karen Kennedy. Her comments were "Italicized" to be separated from the contract verbiage.

Printable copies in .pdf format are posted at the very botton. Click on the file name below to open it. (Warning some files are quite large and will take a long time to open.)

The summary is below: 

 BSD and Local 762 Tentative Agreements as of 7/31/12  Summary sheet

(Commentary shown in Bold Italic)

Article 1: changes the address for both the BSD and Local 762

Article 2

2:1.2 removed as definitions are listed under Article 2:2:2.1 spells out BSAP, Bush, Emotional Support, etc

2:2.2 changes the term “Employee” to “Paraeducator”

2:2.4 removes Interventionists

Article 6

New: At any time in any setting a Paraeducator may be required to support students with or without an identified disability (i.e. ERI working with a student requiring services for speech or ot or a special education Paraeducator working in an inclusion setting support a tier 3 student in a small group.

6:5 changes term Response to Intervention to RTI.

6:6 Computer Lab Facilitators not to be left without teacher added: in the course of integrating computer technology or other technology into classroom instruction. This provision does not apply during the process of student testing on any and all State of Delaware assessments of student achievement, including but not limited to DCAS testing. (The intended purpose of this change is meant for when most of the class has finished testing and 1 or 2 students remain, those students may finish testing while everyone else returns to the classroom.)

6:7 When substitute teacher in classroom, the substitute is primarily responsible for “management” changed to “instruction”.

6:8 Paraeducators used as substitute receive $50 stipend…..added at end…..This provision includes but is not limited to providing instruction during PLC’s.

6:10.1 If an Employee hired previous to 9/1/93 is expected to lift a student for toileting…….changed to “The District will adhere to all requirements of the federal mandate in the Americans with Disabilities Act.

6:14 Computer Lab Facilitators will not be assigned to any additional not instructional duties……removed

Article 7

7:5 Personnel file……Paraeducators may receive free copies up to 10 pages. Paraeducators she be charged $.10 thereafter…..changed to $.25 thereafter (all other groups charged $.25)

Article 9

9:1.2 Language cleanup…..changed to Seniority shall be based upon date of hire.

9:1.3 Draft Seniority Roster…..change….no longer being sent to buildings but posted on District website by March 1. Challenges to HR before March 15.

9:1.3.2 Seniority Roster removes Interventionists

9:4.1.6 Employee exercising rights under Article 9 shall receive salary rate of new assignment.

9:5.6 changed to: If a Paraeducator is laid off and subsequently recalled, their seniority date and pension creditable service time will be adjusted for the period of time the Paraeducator was laid off.

9:5.7 moved to the end of Article 9

9:5.10 (a and b) replaced with “All correspondence between the District and the Paraeducator”

Article 10

10:1.3 job postings changed from 10days in building to 5 days in building and on website

10:1.5 “transfers” term “granted a transfer” changed to “awarded a position”

10:2.1.1 New….Internal placements: The building principal has the discretion to select an internal applicant to fill a new or vacant position in his/her building without an interview.

10:3 Involuntary Transfer or Reassignment

New: Involuntary transfer used in this Agreement shall mean the administrative transfer of a Paraeducator from one building to another building.

New: Reassignment as used in this Agreement shall mean a change in the assignment within a building (i.e. assignment to a different classroom teacher or grade level). Reassignment shall be requested by the building principal through the Department of Human Resources for processing and approval by an appropriate administrator at the District level. Should the reassignment be to a new classification, the provisions under Article 6.5 shall apply and a new job description shall be provided to the Paraeducator. (6.5 states that professional development, information, and training must be given a Paraeducator prior to implementation of required programs)

10:3.6 Involuntarily transferred Paraeducators who give 10 day written notice to return to original assignment was only valid during current school year (added) unless the Paraeducator involuntarily transferred renews his/her original request by the end of each subsequent school year.

Article 11

11:2.1 changed to: An unpaid leave of absence may be granted by the Board of Education for a time period equal to the time period allowed under the Family & Medical Leave Act (FMLA) for the reasons allowed under FMLA for leaves not covered by state or federal law. Leaves for other reasons may be considered on an individual basis. (10 month employees not covered under FMLA)

11:2.3 Paraeducator on maternity leave shall be permitted to substitute…..(added) A physician’s note providing permission for the Paraeducator to substitute is required and must be maintained in the Paraeducator’s personnel file.

11:2.4 remove: Absences which are fully paid as a result of charging accrued sick leave shall not be considered a leave of absence and Employees returning from such an absence will return to position held when the absence occurred.

11:2.9 Personal leave up to one (1) year changed to: Personal leave for up to one (1) semester shall be granted to Paraeducators who are enrolled in a \n accredited college or university to complete requirements to become a certificated employee.

11:2.10 changed to: The District shall provide a total of 15 days per year for Federation Activities, coded in the attendance system as “Union Business” to Paraeducators designated by the Federation President. Use of such days shall be upon notice to the Director of Human Resources and building administration. The Federation shall reimburse the District for all substitute costs associated with the Paraeducators absence from his/her work assignment for internal Union Business.

11:2.11 The Federation President shall receive one (1) day per month to be coded in the attendance system as “Paid Leave” when it is necessary to meet with District administration upon the District’s request.

Article 12

12.3.2 (From MOA) Paraeducators shall work the appropriate student calendar plus two (2) start up days, to be designated as the first two (2) teacher work days of the school year, one (1) professional development day and one (1) closing day to be defined as the day following the last student day.

12:3.2.1 Computer Lab Facilitators shall have a minimum of ten (10) school days at the beginning of each school year….changed to: Computer Lab Facilitators are not required to be in the computer lab during the first ten (10) days of the school year unless they are required to address a technology issue in the lab.

Article 13

13:4 removed... now found under Article 14:14.1.1

Article 14

14:11 removed…now found under 14:14.1.1

14:14.1.1 A Paraeducator with a grievance must attempt to resolve the grievance informally by discussing the matter with the building principal or supervisor. The Paraeducator must request an informal meeting through the building secretary within ten (10) days from the time when the Paraeducator knew or should have reasonably known of the situation creating the grievance. There is no need to put the grievance in writing for the informal meeting.

14:14.1.2 The informal meeting must take place within five (5) days afer the Paraeducator requested the meeting. If the building principal or supervisor does not hold the meeting within five (5) days, the Paraeducator may file a written grievance at Step Two. A Federation representative may attend the meeting with the Paraeducator.

14:14.1.3 The Paraeducator and the building principal or supervisor can meet informally on the issue as many times as they deem necessary to resolve the issue. The building principal or supervisor shall provide the Paraeducator with written documentation of the informal meeting(s) within three (3) days after the conclusion of the informal meeting(s). The documentation shall include the date(s), time(s) and outcome of the informal meeting(s). If the Paraeducator does not receive the written documentation within three (3) days of he conclusion of the informal meeting(s), the Paraeducator can file a written grievance at Step Two.

14:14.5 Step Two-Formal

14:14.5.1 In the event the matter is not resolved informally and the matter is a proper subject for grievance under the definition set forth herein, the Paraeducator, through the Federation or the Federation in its own name can file a written grievance with the Director of Human Resources within five (5) days after the Paraeducator received, or should have received documentation of the informal meeting(s). The grievance shall set forth the nature of the grievance, the remedy and the specific provision of the Agreement alleged to have been violated, and attach a copy of the documentation of the informal meeting(s) or a statement that (1) the meeting was not timely held, or (2) the building principal failed to provide written documentation of the informal meeting(s).

14:14.5.2 The Director of Human Resources shall assign a hearing officer to hear the grievance. The hearing officer shall provide a hearing on the grievance within five (5) days after the grievance was received by the Director of Human Resources. A Class Action Grievance shall be heard at the District level.

14:14.5.3 The hearing officer shall provide his/her decision in writing to the Director of Human Resources who will provide the decision to the Paraeducator and the Federation within five (5) days after the conclusion of the hearing on the grievance.

14:16.5 No claim shall constitute an arbitrable matter ….. if it pertains to: remove (e and f)

14:16.5.1 A Paraeducator who wishes to appeal the decision to terminate his/her employment shall be offered the option of an Election of Remedies: to proceed to a hearing in front of the Board in accordance with Board Policy 06.9 or to proceed to binding arbitration with Federation representation.

Article 18

18:1 wages: see District Paraeducator Scattagram for Step and equivalent salary structure…You will soon receive an estimated salary scale from Howard Payton. Please keep in mind that in accordance with Title 14 Article 1335 of the Delaware Code, our State Salary including the highly qualified stipend ($662) will be prorated based on the number of days/hours worked per year.

18:1.2 language cleanup…….Employees must work one-half year to move sequentially is changed to: ninety-one (91) days in a work year…

18:1.4 removed: Board shall make checks available to employees……(language obsolete)

18:8.1 Student Achievement Bonus increased to $350

18:10 City Wage Tax increase to $200 annual supplement


Becky Tosun,
Aug 18, 2012, 10:13 PM
Becky Tosun,
Aug 18, 2012, 10:15 PM