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
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
Article 1: changes the
address for both the BSD and Local 762
2:1.2 removed as
definitions are listed under Article 2:2:2.1 spells out BSAP, Bush, Emotional
2:2.2 changes the term
“Employee” to “Paraeducator”
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.
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
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)
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
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
9:5.10 (a and b) replaced
with “All correspondence between the District and the Paraeducator”
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
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
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.
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.
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
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.
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.
13:4 removed... now found
under Article 14:14.1.1
14:11 removed…now found
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.
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.
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.
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)
Achievement Bonus increased to $350
18:10 City Wage Tax
increase to $200 annual supplement