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Between the 

 Brandywine School District







  July 1, 2008 – June 30, 2012



Table of Contents


Section                                                                                                                                    Page


PREAMBLE                                                                                                                                      1

WITNESSETH                                                                                                                                  1

ARTICLE 1:  RECOGNITION                                                                                                         1

ARTICLE 2:  DEFINITIONS                                                                                                            2

       Employee Classifications                                                                                                       3

       All Special Education/Regular Educational                                                                        3

       Bus Attendants                                                                                                                         3

       Elementary Computer Lab Facilitators                                                                                 3

       Interventionists                                                                                                                         3

       One on One                                                                                                                               3

ARTICLE 3:  RIGHTS OF THE PARTIES                                                                                    4

       Board Rights                                                                                                                             4

       Federation Rights                                                                                                                     4

ARTICLE 4:  FEDERATION SECURITY                                                                                     6

       Deduction of Federation Dues                                                                                              6

ARTICLE 5:  FAIR PRACTICES                                                                                                   6

ARTICLE 6:  CONDITIONS OF WORK                                                                                        6

       Inclement Weather                                                                                                                   8

       Safety and Security                                                                                                                  9

       Discipline                                                                                                                                   9

ARTICLE 7:  PERSONNEL RECORDS                                                                                      10

ARTICLE 8:  EVALUATIONS                                                                                                         11

ARTICLE 9:  SENIORITY, LAYOFF & RECALL                                                                         11

       Seniority                                                                                                                                     11

       Probationary Period                                                                                                                 12

       Layoff                                                                                                                                          13

       Recall                                                                                                                                         14

ARTICLE 10:  VACANCIES, NEW POSITIONS AND TRANSFERS                                     15

Table of Contents


Section                                                                                                                      Page  


       Vacancies and New Positions                                                                                               15

       Filling Vacancies and New Positions                                                                                   16

       Involuntary Transfer or Reassignment                                                                                 16

ARTICLE 11:   LEAVES OF ABSENCE                                                                                      17

       Sick and Other Leaves of Absence                                                                                       17

       Other Provisions Concerning Leaves of Absence                                                             17

ARTICLE 12:  WORK ASSIGNMENTS                                                                                        19

       Workday                                                                                                                                     19

     Work Week                                                                                                                   19                                                                                                                                                                                                                                                    19

        Work Year                                                                                                                                 20

       Hours Per Day                                                                                                              21

ARTICLE 13:  LABOR-MANAGEMENT COMMITTEE                                                              21

ARTICLE 14:  GRIEVANCE PROCEDURE                                                                               21

       Timelines                                                                                                                                   22

               Step One – Informal                                                                                                         23

               Step One (a) Formal                                                                                                         23

               Step One (b)                                                                                                                       23

               Step Two                                                                                                                             23

       Submission to Binding Arbitration                                                                                        24

ARTICLE 15:  NO STRIKE – NO LOCK-OUT PROVISION                                                      25


       Staff Development                                                                                                                   25

       Educational Advancement                                                                                                     25

ARTICLE 17:  BUS ATTENDANT SECTION                                                                              27

ARTICLE 18:  WAGES AND EMPLOYEE BENEFITS                                                              27

       Wages                                                                                                                                        27

       Supplement for Special Education Paraeducators                                                            28

       Supplement for Computer Lab Facilitator Team Leader                                                   28

Table of Contents


Section                                                                                                                      Page  


       Longevity                                                                                                                                   28

       Overtime                                                                                                                                     28

       Summer Pay Rates                                                                                                                  29

       Referral Bonus                                                                                                                         29

       Student Achievement Bonus                                                                                                 29

       Performance Stipend for Bus Attendants                                                                            29

       City Wage Tax                                                                                                                           29

       Health Benefits Stipend                                                                                                          29

       Local Benefits Stipend                                                                                                            30

ARTICLE 19:  DURATION OF AGREEMENT                                                                             30



         This Agreement is entered into this 1st day of July, 2008 by and between the Board of Education of the Brandywine School District (hereinafter called the “Board”) and the Paraeducators’ Chapter, the Federation, Local 762, American Federation of Teachers, AFL-CIO (hereinafter referred to as the “Federation”).



         WHEREAS, the Board has an obligation, pursuant to and consistent with Title 14, Chapter 40, Delaware Code, to negotiate on certain items with the Federation as the representative of Employees hereinafter designated, and


         WHEREAS, the parties have reached certain understandings, which they desire to confirm in this Agreement, it is agreed as follows:





1:1             The Board recognizes the Federation as the sole and exclusive bargaining representative for the Employees covered by this Agreement for the purpose of representing public Employees in their employment relations with the public employer in matters covering wages, hours, leaves of absence, grievance procedures and other terms and conditions of employment.


1:2             The scope of representation as exclusive bargaining representative regarding new positions established shall be as follows:


                        1:2.1        Positions created by the Board with duties and responsibilities which are comparable to positions presently in the bargaining unit as defined herein, shall be included in the bargaining unit.


                        1:2.2        Positions created by the Board which are comparable to positions presently excluded from the bargaining unit as defined herein shall be excluded from the bargaining unit.


1:3             Any dispute arising as to the inclusion or exclusion of a newly formed position shall be submitted to the Public Employment Relations Board (hereinafter called the “PERB”), State of Delaware, for determination.


1:4             If, during the life of this Agreement, any administrative rule or regulation or Board policy shall be inconsistent with the provision of this Agreement, this Agreement, during its life, shall be controlling over the inconsistent language in such administrative rules and regulations or Board policy.


1:5             If any provision of this Agreement or any application of this Agreement to any Employee or groups of Employees is held to be contrary to law, then such provision or application shall be deemed not valid and subsisting, except to the extent permitted by law; but all other provisions or applications shall continue in full force and effect.


1:6             Nothing in this Agreement which changes existing Board policy, rules or regulations shall operate retroactively unless expressly so stated.


1:7             Notices under this Agreement shall be given by either party to the other by certified letter or personal transmittal and written acknowledgement as follows:


                        To the Board at:                    1000 Pennsylvania Avenue

                                                                        Claymont, Delaware 19703


                        To the Federation at:           The Federation        

                                                                        812 Philadelphia Pike

                                                                        Second Floor/Suite B

                                                                       Wilmington, Delaware 19809





2:1             The following terms as included are for clarification purposes only and their inclusion neither modifies, adds to, nor subtracts from any other part of this Agreement.


2:1.1         The term “Board” as used herein shall mean the Brandywine School District Board of Education.          


2:1.2         The term “Employee” as used herein shall include all full and part-time paraeducator Employees.  It is further understood that only the following classifications in the Brandywine School District are included as paraeducator Employees in the bargaining unit established here:  all regular, full-time and part-time Paraeducators, bus attendants and other positions established during the term of this Agreement which the parties mutually agree to include, regardless of source of funding. 


2:1.3         The term “One-on-One Paraeducator” as used herein means an Employee hired to provide support to a specific, individual student.      


2:1.4         The term “school” as used herein means any of the buildings maintained by the Board in which the educational process is carried on.


2:1.5         The term “Principal or Building Administrator” as used herein includes the responsible administrative head of a school building.


2:1.6         The term “Superintendent” as used herein, means the “District Superintendent or his/her designee”.


2:1.7         All references to Superintendent, Executive Director, Supervisor, Administrator or Federation President shall include the designee if any. 


2:1.8         The term “Work Days” as used herein shall mean those days on which Employees are scheduled to report for work.


2:1.9         The term “District” as used herein shall mean the Brandywine School District.


2:2             Paraeducator Employee Classifications


2:2.1         Special Education Employees


                  Those Employees supporting the educational process in the following programs: BSAP, Bush, Treatment, Community-Based, ECAP, and those working in classrooms with students with disabilities.  If in inclusion classroom, then it would be regular and special.


2:2.2         Regular Education Employees


Those Employees supporting the educational process in the following programs and with the following titles: Title I, Early Reading Interventionist, HOST, Science, Library, ECAP, and Classroom Paraeducators.


2:2.3         Elementary Computer Lab Facilitators


                  Those Employees supporting the educational process by providing a resource to Elementary classroom teachers for integrating technology into instructional practices and providing Level 1 technology support to the Elementary Schools.


2:2.4         Interventionists


                  Those Employees supporting the educational process by providing administrative support and assistance in implementing the Code of Student Conduct.


2:2.5         One on One Paraeducator


                  Those Employees hired to provide support to a specific, individual student.


2:2.6         Bus Attendants


                  Those Employees supporting the educational process by providing additional supervision and support of one or several students for to and from school transportation provided by the District’s Transportation Department.




3:1             Board Rights


3:1.1         The Board, hereby retains and reserves unto itself, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Delaware and of the United States, and including, but without limiting the generality of the foregoing, the right:


                        3:1.1.1     To exercise executive management and administrative control of the school system, its properties and facilities, and direct the work activities of its Employees:


                        3:1.1.2     To hire all Employees and, subject to the provisions of the law, to determine their qualifications, and the conditions for their continued employment or cause for their dismissal or demotion; and to promote, place, transfer, and assign all such Employees; and the exercise of the foregoing powers, rights, authority, duties, responsibilities by the Board, the adoption of policies, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this agreement and then only to the extent such specific and express terms hereof are in conformance with the constitution and laws of the State of Delaware, and the constitution and laws of the United States, any other County or District laws or regulations.


                        3:1.1.3     The Federation shall provide the Board with a current roster of its elected and appointed officials by August 1st.


                        3:1.1.4     The Federation shall provide the Board with one electronic copy of the Agreement within 6 weeks of the date of Board and Federation ratification of the Agreement.


3:2             Federation Rights


3:2.1         The Board shall make available to the Federation, upon its request, statistics and records, which are relevant to negotiations or necessary for proper enforcement of the terms of this Agreement, to the extent to which such information is in the public domain.  A current list of names and other available data shall be provided upon the request of the Federation to the limit of three times per year.


3:2.2         The Superintendent shall endeavor to keep the Federation President informed of any changes in working conditions for Paraeducator Employees and any changes in new or existing programs which directly and significantly affect Employees covered by this Agreement. 


3:2.3         A copy of current Board policy, Board minutes, and agendas shall be mailed to the president of the Federation as soon as they are made available to the public.  The Federation may also, if it desires, pick up at the district office copies of materials cited above as soon as they are made available.  The Board shall provide the Federation a table of administrative organization with names.


3:2.4         Whenever members of the bargaining unit, including the Federation President, are mutually scheduled to participate in negotiations during working hours, they shall suffer no loss of pay, provided that no more than six (6) Employees are scheduled to participate.  The parties agree that negotiations, in addition to being scheduled during normal school hours, shall also be scheduled after normal school hours, including, if necessary weekends and possibly vacations or holidays.


3:2.5         The Federation shall have the right to use school buildings for Federation business on the same basis as other school affiliated organizations in accordance with Board policy on Use of School Facilities (09.1) and State law; if there is any conflict between same, then the State law shall prevail.


3:2.6         The Board shall endeavor to keep the Federation informed of any new programs, research projects, changes in programs, which directly and significantly affect persons covered by this Agreement. 


3:2.7         The Federation may use the school office and District interoffice mail system and bulletin board space for posting notices in areas readily available to Employees assigned for the dissemination of information by means of notices, circulars, or other similar materials pertaining to Federation business under the following provisions:


                        3:2.7.1     The material must identify clearly the individual(s) and/or organization responsible for the information contained therein.


                        3:2.7.2     A copy of the material for general distribution must be given to the building principal or his designee prior to or at the time of posting or dissemination in that building.  If the material is to be distributed or posted system-wide, a copy also must be furnished to the Superintendent or his designee prior to or at the time of posting or dissemination.


3:2.8         Nothing contained herein shall be construed to deny or restrict to any Employee such rights as may be held under Delaware School laws or other applicable law.






4:1             All Employees in the collective bargaining unit for more than thirty (30) days who are not, do not become, or do not remain members shall, during any such period of non-membership, pay to the Federation a service fee equivalent to the dues uniformly required of its members, as a condition of employment.


4:2             Deduction of Federation Dues

                  The employer agrees to deduct the monthly Federation membership dues from the earned wages of each Employee covered by this Agreement.  The Federation will notify the employer 30 days prior to any changes in dues.


                       4:2.1        The Federation shall transmit to the District a copy of the continuous payroll deduction authorization form properly signed by new enrollees.


                        4:2.2        On or before the first of each month, the Federation shall deliver to the District additional executed authorization forms under which Federation membership dues for the current month are to be deducted per pay period.


                              4:2.3        The District shall transmit all payroll deductions to the agent designated by the Employee requesting the deductions.


4:3             The Board shall not be liable to its Employees or to the Federation for any claim arising from the application of the aforementioned provisions, except if it erred or has exhibited lack of good faith, or willful misconduct has been asserted by the Federation within a period not to exceed sixty (60) days from the time the Federation should or could reasonably have known of the incident.


4:4             The Board shall notify the Federation of the names and locations of all newly hired Employees on a monthly basis.





5:1             The District agrees not to violate any federal or state employment laws or regulations.





6:1             The employer will provide each new Employee, or an Employee whose job description changes, with a job description which includes the qualifications and responsibilities for that position.  The Federation, upon written request, shall be provided with all current job descriptions for all titles covered by this Agreement.


6:2             As a condition of employment, all Employees, except Bus Attendants, must meet Paraeducator qualification requirements under the Federal No Child Left Behind Act.


6:3             The Board will provide each Employee with a suitable space and resources to perform their duties.


6:4             Employees must follow the directions of the certified and/or professionally licensed non-administrative staff member if they are assigned to one.  However, both are under the direction of the building administrator.


6:5             All Paraeducators shall receive professional development, information, and training to implement required programs, including but not limited to proper techniques of restraining, lifting, transportation, evacuation procedures, equipment use prior to being required to implement any required program, and educational information about a student to implement an IEP, 504 Plan, or Response to Intervention.


6:6             Computer Lab Facilitators shall not be responsible for planning and conducting class activities in the computer lab.  Computer Lab Facilitators are to be used as a resource for integrating computer technology or other technology into classroom instruction.  In no event will the Computer Lab Facilitator be left alone with students in the computer lab without the presence of a teacher.


6:7             When a substitute teacher is in the classroom, the substitute is primarily responsible for the management of the classroom, and the implementation of all lesson plans.  The paraeducator is not responsible for development of, nor provision of, any lesson plan(s) to the substitute teacher.


6:8             An Employee may be used as a substitute teacher when an administrator has been unable to obtain a substitute teacher.  An Employee designated as the substitute teacher will receive a $50.00 stipend per day over his/her regular salary.  Notwithstanding the above, in the event that an Employee is designated as the substitute teacher for less than a full day but longer than fifteen (15) minutes, then the Employee shall receive the aforementioned stipend on a pro rata basis.


6:9             No paraeducator will be required to cover a class for more than fifteen (15) minutes except in an immediate emergency situation as determined by the principal or his/her designee.  An immediate emergency is defined here as: a sudden, unexpected happening; an unforeseen occurrence or condition; or a complication of circumstances as a result of events not regularly scheduled or planned. 


6:10          Employees shall not be required to administer medical treatment or perform nursing duties. 


                        6:10.1      If an Employee hired previous to 9/1/1993 is expected to lift a student for toileting and or diapering and is physically unable to do this task, he/she will not be required to perform this task.  In the event that the paraeducator is unable to perform this task the Board may request written documentation to support such claim.


                        6:10.2      Paraeducators may request another adult to be within reasonable proximity when performing toileting and/or diapering duties for students.


6:11          Employees shall immediately report cases of injury suffered by them in connection with their employment to their building administrator.  All cases of assault suffered by an Employee in connection with his/her employment shall be reported to the appropriate administrative authorities. 


6:12          No Employee shall be required to transport a pupil in the Employee’s personal automobile.


6:13          Non-instructional duty assignments for instructional Employees shall be distributed in a fair and equitable manner within the work location, taking into consideration hours worked, assignment, and Federal and State mandates that list the primary duty of the Employee is to work with students. 


6:14          Computer Lab Facilitators will not be assigned to any additional non-instructional duties that are not related to providing building level hardware and software technical support.


6:15          Employees shall have the right to use staff/teacher lounges.


6:16          Employees shall not normally be expected to perform cleaning or maintenance duties.


6:17          Inclement Weather


6:17.1       Paraeducators will adhere to the District Inclement Weather Procedures.


6:17.2       In the event that any regularly scheduled work day or partial work day is cancelled and not forgiven by either the Secretary of Education, the State Board of Education or the District, and students do not have to make up said day, the Employee shall make up time by logging, in thirty (30) minute increments, time totaling the Employee’s work day including two (2) 15 minute breaks, minus a one-half (½) hour lunch for each full day missed.  For partial days, the hours are made up hour for hour, including one (1) 15 minute break, minus a one-half (½) hour lunch, if applicable.  Employees must provide make up documentation to the building administrator no later than two (2) days after the last scheduled student school day.


6:18          Safety and Security


6:18.1       The employer shall attempt to provide proper, safe, and sanitary conditions for the health and safety of all Employees while working.


6:18.2       The employer will provide each Employee assigned to a classroom with a safe place that can be locked to store coats and other personal items.


6:18.3       The employer and the Federation shall cooperate in the enforcement of safety regulations.  However, should an Employee feel that a serious, unsafe, or unhealthy situation(s) exist(s), he/she shall notify his/her supervisor immediately.  The Employee will not be expected to continue working in the unsafe or unhealthy situation until it has been corrected or declared adequately safe by a joint labor management team which consists of the District Employee representatives and the District administrative representatives.


6:18.4       In a bonafide emergency affecting the health, safety, or welfare of students of the District, demanding immediate actions, the Board may take appropriate actions.


6:18.5       All Employees shall wear District issued photo ID badges while working for the District while on or off District property.  Employees shall have the option to have their photo ID badge updated once every five (5) years at the Board’s expense.  Replacement of lost or stolen badges shall be at the Employee’s expense.  Notwithstanding the above, Employees who change titles, building locations, or their name, shall have their photo ID badge replaced at the Board’s expense.


6:19         Discipline


6:19.1       No Employee shall be reprimanded or disciplined except for just cause.  In the event that an Employee is summoned by their supervisor for a conference, concerning the above, the Employee shall have the right to be represented by a Federation representative at any or all such meetings.


6:19.2       Whenever any Employee is required to appear before the Board, or representative thereof, concerning any matter which could adversely affect the continuation of that Employee in his/her position of employment, or salary, or any increment pertaining thereto, then he/she shall be given prior written notice of the reasons for such meeting and shall be entitled to consult with and have a Federation representative to advise and represent him/her during such meeting.  However, such a meeting shall in all events occur within two (2) working days of the time the Employee was requested to participate in the meeting.


6:19.3       Any suspension of an Employee pending the disposition of charges shall be with full pay and benefits.





7:1             The official District personnel file on each Employee shall be kept in the Department of Human Resources.  Information in the personnel file shall be kept pursuant to Title 19 of the Delaware Code and shall include any application for employment, wage or salary information, notices of commendations, warning or discipline, authorization for a deduction or withholding of pay, fringe benefit information, leave records, employment history with the employer, including salary information, job title, dates of changes, retirement record, attendance records, performance evaluations and medical records.  Information in the personnel file shall not include records of an Employee relating to the investigation of a possible criminal offense, documents which are being developed or prepared for use in civil, criminal or grievance procedures or materials which are used by the employer to plan for the future operations or information available to the Employee under the Fair Credit Reporting Act.  Evaluation or derogatory material, which is not contained in the Employee’s official personnel file, may not be used in a proceeding against the Employee.


7:2             Every Employee shall be entitled to knowledge of and access to supervisory records and reports, which are maintained in the official District personnel file with reference to evaluation of his/her performance in the District.


7:3             The Employee shall have the right to answer any material filed, and the answer shall be attached to the file copy.


7:4             Employees shall have the right, upon reasonable request, to be given an appointment to review the contents of the District personnel file pertaining to them. 


7:5             The District personnel file shall not be taken from the office by the Employee and shall be examined in the presence of a Human Resources Employee.  Employees may receive free copies of up to ten (10) pages in the personnel file.  Thereafter, Employees shall be charged $0.10 a copy.


7:6             No material derogatory to the Employee’s conduct, service, character, or personality shall be placed in an Employee’s personnel file without his/her knowledge.  The Employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that the signature merely signifies that the Employee has read the material to be filed and does not necessarily indicate agreement with its content.  If an Employee refuses to sign such a document, that fact shall be noted on the report.  The Employee will receive a copy of the material.  The Employee shall have the right to answer any material filed and his/her answer shall be attached to the file copy.


Article 8



8:1            Evaluations


8:1.1         Evaluation of an Employee is to be completed annually by an administrator

                  with input from the appropriate staff member(s).


8:1.2         The evaluation shall be discussed with the Employee and he/she shall sign

                  the evaluation.  One copy of the evaluation shall be given to the Employee;

                  one copy shall be placed in the District’s personnel file pertaining to the



8:1.3         Any document relating to the Employee’s conduct or performance which an

                  Employee has not been given the opportunity to sign or initial shall not be

                  used by an Administrator to evaluate the Employee.  The Employee’s initial or

                  signature shall only indicate that the document has been shared with the

                  Employee and in no way indicates agreement with it’s contents.





9:1             Seniority


9:1.1         Full-time credited service toward seniority shall be awarded to those Employees who work twenty (20) or more hours a week in the same classification.  In the event an Employee works less than twenty (20) hours a week in a single classification, but works twenty (20) hours or more a week in more than one (1) classification, such Employee shall be placed on the part-time seniority roster in the higher classification in which he/she works.


9:1.2         The term seniority, as used in the Agreement, shall be calculated as the length of continuous service in the District.  Seniority will be calculated as full-time equivalents.


9:1.3         The Human Resources Department shall annually publish a draft list of all Employees by classification in seniority order.  This draft list shall be posted in each building by March 1 of each year.  Employees who wish to appeal their placement on this list must do so in writing to the Human Resource Office before March 15th of the year the list is published.  A final list shall be posted by April 15th of each year.  An Employee’s failure to question his/her placement on the draft list prior to March 15th shall preclude the assertion of incorrect placement in challenging any subsequent actions having to do with seniority.  Once an appeal has been adjudicated, no further appeal for the same reason shall be honored.  A copy of the seniority roster shall be sent to the Federation President. 


                        9:1.3.1     Should the District or the Federation identify the need for a change to the seniority classification listings, the parties will meet to discuss that rationale and devise a mutually agreeable addition, deletion or change to the classifications in the seniority lists.


                        9:1.3.2     Seniority Roster

                                         The following categories will be used for establishing seniority:


                                         Instructional Paraeducator (Full-Time)

                                         Instructional Paraeducator (Part-Time)

                                         Instructional Paraeducator – Special Education (Full-Time)

                                         Instructional Paraeducator – Special Education (Part-Time)


                                         Early Reading Interventionist

                                         Computer Lab Facilitator

                                         Bus Attendant

                                         One on One Paraeducator hired after July 1, 2008


9:2             An Employee shall lose his/her seniority and all rights thereto under this Agreement for the following:


a.            Resignation or discharge for just cause (and the discharge is sustained).

b.            Retirement.

c.            Failure to return to work from a leave of absence or failure to notify the District of intent to return to work within the specific time requirements.

d.            Failure to respond to proper recall notice or laid off for more than two years.


9:3          Probationary Period


                        9:3.1        New Employees shall serve a probationary period of ninety (90) calendar days.


                        9:3.2        Upon satisfactory completion of the probationary period the Employee’s seniority shall be established as the date of hire.


                        9:3.3        During this probationary period, unsatisfactory Employees have no expectation of continued employment and may therefore be dismissed.  This particular article is not subject to the grievance procedure.


9:4          Layoff


9:4.1      If a reduction in force is necessary beyond normal attrition, the Superintendent shall determine the number of positions that will be reduced, as well as the date such reductions are needed and shall apprise the president of the Federation of this information prior to the effective date of the reductions.  The Board shall give written notification to the Federation of any proposed reductions in Employee staff positions involving members of the bargaining unit ten (10) working days prior to the reduction.


                        9:4.1.1     For seniority, layoff and recall purposes the classifications shall be as outlined in the current Paraeducator Seniority Roster.  Each of these classifications is divided into a full-time list and a part-time list.  The procedure which follows will be applied separately within each of the listed groupings and each group shall be treated as discreet and independent of the other.


                        9:4.1.2     Upon notification that his/her full-time position has been identified for elimination, an Employee will be given the opportunity to assert his/her seniority by being granted a transfer to an open position in his/her classification for which he/she is qualified.  If an Employee does not elect to assert his/her seniority to an open full-time position, he/she shall be laid off and be eligible for recall only in the classification from which he/she was laid off.


                        9:4.1.3     In the event there are no vacant positions, a full-time Employee whose position has been identified for elimination has the following options:


a.          Bump, if his/her seniority allows, the least senior full-time Employee his/her qualifications permit within the same classification;

b.          Bump, if his/her seniority allows, the least senior part-time Employee his/her qualifications permit within the same classification; or

c.          Select layoff.


                        9:4.1.4     In the event there are no open part-time positions, an Employee shall be able to bump, if his/her seniority allows, the least senior part-time Employee, his/her qualifications permit, in the same classification.


                        9:4.1.5     In no event shall a part-time Employee be able to bump a full-time Employee.


                        9:4.1.6     An Employee exercising his/her right to be transferred to the same classification rather than being laid off shall receive the salary rate of the classification to which he/she is being transferred.


9:5             Recall


9:5.1         Full-time Employees, except as provided elsewhere in this Article, shall be recalled in the inverse order of layoff to full-time positions in their classifications provided they are qualified to perform the duties of the job to which recall is being made.


9:5.2         Part-time Employees, except as provided elsewhere in this Article, shall be recalled in the inverse order of layoff to part-time positions in their classification provided they are qualified to perform the duties of the job to which recall is being made.


9:5.3         Refusal of an Employee to accept the position within seven (7) calendar days of the postmarked date of the certified notice and then report to work within ten days of that acceptance, or at such later time as is determined by the Administration, will relieve the Board of further obligation to offer re-employment.


9:5.4         Employees who are laid off shall be automatically placed on the recall list for a period equal to their length of service but not to exceed two (2) years.  To remain on the recall list for a second year the Employee must respond to the written notification sent to him/her by the District at the end of the first year.  Failure to respond to the notification in writing shall eliminate the Employee from the recall list.


9:5.5         An Employee on the recall list who exercises his/her seniority by accepting a temporary or part-time position shall not surrender his/her right to a regular position.  The Employee may be placed in a regular position before completion of the temporary or part-time employment with administrative approval.  The Employee shall remain at his/her appropriate position on the recall list while occupying a temporary or part-time position.


9:5.6         Time lost by an Employee laid off under provisions of this Article who is subsequently recalled under provisions of this Article shall not be considered to interrupt continuous service, but such time shall not be counted toward additional service or be a criterion for pay, or other benefits as set forth in this Agreement.


9:5.7         Employees on Board approved leaves of absence shall be subject to all provisions of this Article.


9:5.8         Employees who are eligible for recall must keep the school district informed in writing of any changes in their address and telephone number.


9:5.9         Employees who resign or have been dismissed for any reason other than reduction in staff are not subject to provisions of this Article.


9:5.10       The following items shall be placed in the personnel file of the Employees who are laid off:


a.               A copy of the notification of a vacancy which was mailed to the Employee

b.               Correspondence to the District from the Employee


9:5.11       Nothing in this Article shall apply to an individual on a temporary contract or in any way serve to extend the employment of such individuals except as provided in Section 9:5.5.





10:1          Vacancies and New Positions


10:1.1       The term “vacancy” shall mean a vacancy resulting from a previously occupied bargaining unit position or one caused by the creation of a new or additional position within the bargaining unit. 


10:1.2       The term “new position” shall mean a newly created position within the bargaining unit as approved by the Board.


10:1.3       Notices of full and part-time vacancies and new positions within this bargaining unit shall be posted at least ten (10) calendar days in an appropriate location in each building as such occur.  Copies of all notices of vacancies and new positions shall be mailed to the President of the Federation at the time of posting.               


10:1.4       Written notice of vacancy or new position shall contain:

a.    Type of vacancy;

b.    Posting description, including number of hours;

c.    Location;

d.    Starting date;

e.    Qualifications;

f.     Salary; and

g.    Other relevant information.


10:1.5       An Employee must normally have six (6) months service in the District to be eligible to apply to a vacancy or a new position.  Any Employee, who is granted a transfer to a vacancy or new position, may not normally apply for another position within six (6) months of the transfer to a vacancy or new position. 


10:2          Filling Vacancies and New Positions


10:2.1       To be considered for a voluntary transfer or promotion to a vacant or new position, an  Employee must apply for the position as specified in the written notice of vacancy.  An Employee will be considered along with any external candidate who applies for the vacant or new position.  Any current Employee that applies for a voluntary transfer or promotion to a vacant or new position will be guaranteed an interview.


10:2.2       The immediate supervisor of the new or vacant position shall determine the successful candidate.


10:2.3       If an Employee is denied a voluntary transfer to a vacant or new position, or a promotion, he/she may request the reasons in writing from the Director of Human Resources within ten (10) days of the notification. 


10:3          Involuntary Transfer or Reassignment


 10:3.1      At least three (3) work days notice of a proposed involuntary transfer or reassignment shall be given to the Employee involved, upon knowledge that such transfer or reassignment is necessary, except in an emergency, which requires immediate action.


10:3.2       An Employee may request a meeting with his/her supervisor or his/her designee to discuss the transfer and may be accompanied by a Federation representative.


10:3.3       Employees will not be involuntarily transferred to other than existing vacancies in their classification, except as organizational needs and legal requirements dictate.


10:3.4       Where transfers are deemed necessary and such transfers are involuntary, the least senior Employee will be transferred unless the sending or the receiving school’s operational needs require a particular Employee’s experience and qualifications or where it is necessary to satisfy the requirement of law or court order.


10:3.5       An Employee who has been notified of an involuntary transfer shall be placed prior to posting any vacancies in their classification.


10:3.6       An involuntarily transferred Employee shall be given, operational needs permitting, the option to return to his/her original assignment when a vacancy occurs if he/she requests it in writing within ten (10) days of being transferred involuntarily, unless the transfer is a result of a disciplinary action.  Such request for the option to return to his/her original assignment will only be considered within the current school year.





11:1          Sick and Other Leaves of Absence


11:1.1       Leaves of absence, including sick leave and absences for other reasons shall be according to Delaware State Law, and Board policy.  Employees are entitled to the following leave pursuant to Title 14 of the Delaware Code, Chapter 13 or Title 29 of the Delaware Code, Chapter 51:


a.         Leave for the birth or adoption of a child (14 Del. C. §1333);

b.         Sick leave (14 Del. C. § 1318 (a));

                      c.           Leave due to a death in the immediate family of the Employee (14 Del. C. § 1318 (b));

                      d.           Sick leave for a serious illness of a member of the Employee’s immediate family (14 Del. C.§ 1318 (c));

                      e.           Leave due to the death of a near relative (14 Del. C. § 1318 (d));

            f.          Sick leave for the observance of religious holidays (14 Del. C.   §1318 (e));

                     g.            Sick leave for personal reasons (14 Del. C. § 1318 (f));

                     h.         Military leave (14 Del. C. § 1327); and

                      i.            Leave due to the election of the Employee to public office (29 Del. C. §  5110).


11:1.2       In the event the law(s) related to leaves of absence, including sick leave and

absences for other reasons is modified or amended, such amendments or modifications shall also be incorporated as part of this Agreement and shall supersede or modify any conflicting portion of this Article. 


11:1.3       Requests for leave will be made in accordance to District leave procedures and forms located in the school building office, the Human Resources Department, and the District Intranet.


11:2          Other Provisions Concerning Leaves of Absence


11:2.1       A leave of absence without pay and without credit for experience toward salary computation, seniority or pension eligibility or computation of up to one (1) year shall be granted for the purpose of caring for a critically ill member of the Employee’s immediate family.  Leaves of absence for other reasons may be considered on an individual basis. 


11:2.2       Any Employee who is called for jury duty during their workday shall receive their regular pay for the time spent on jury duty.  Payment received for jury duty shall not be returned to the District.   


11:2.3       Any Employee on maternity leave shall be permitted to substitute in the District.


11:2.4       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 the same position held when the absence occurred.


11:2.5       Employees on unpaid leaves of absences shall be able to continue to participate in Board sponsored group benefit programs at their own expense provided the company providing such benefit agrees.


11:2.6       Unpaid leaves of absence shall not constitute a break in continuous service but neither shall such leave time be credited toward seniority in the District or be a criterion for pay or other benefits as set forth in this Agreement, except as otherwise provided in this Agreement.


11:2.7       A medical certificate may be required of the Employee upon his/her return from illness if deemed appropriate by the Superintendent or his designee.


11:2.8       Employees shall be provided an annual record of their sick leave balance.


11:2.9       Personal leave without pay for up to one (1) year shall be granted to Employees who are enrolled in an accredited college or university.


11:2.10     Up to fifteen (15) days leave with pay will be granted annually to the chairperson of the Paraeducator Chapter or a person designated by the President to perform his/her official Federation functions.


11:3          Employees are also entitled to those leaves of absence delineated in Board Policy 06.6.


11:4          The Board hereby agrees to grant the automatic unpaid leave of absence not to exceed two (2) consecutive years to the Federation President, the President of the Delaware Federation, and any Employee appointed to the full-time staff of the Federation, the Delaware State Federation, the American Federation, or AFL-CIO.  Such leaves shall be granted to not more than three (3) District Employees at any time, and the leave holder shall continue to accumulate seniority.  Such leaves are subject fully to the laws of the State of Delaware and the rules and regulations of the State Department of Education.  Any Employee granted such leave must yearly notify the Board in writing of his/her desire to continue such leave and such notification must reach the superintendent no later than April 1.


11:5          Upon an Employee’s return from approved leave, he/she shall be assigned to the same or similar position to the one from which leave was granted, or at least to a position in the District for which he/she is qualified.





12:1       Workday


12:1.1       The Board shall establish hours of work for all Employees based on the need for paraeducator services.


12:1.2       The Board shall establish hours of work for all Employees based on the need for Paraeducator services.  A minimum of six and one-half (6½) hours per day constitutes full-time employment.  The hours of full-time Employees currently employed shall not be decreased below six and one-half (6½) hours.  This does not preclude the right of the Board to decrease the number of full or part-time Employees as long as the purpose is not to reduce hours of employment by offering re-employment on a reduced hour basis.  Further, this does not preclude the Board from assigning a full-time Employee to two (2) schools.


12:1.3       The Board reserves the right to reasonably modify starting and quitting times of Employees.  The employer will normally notify the Employee(s) involved at least seventy-two (72) hours in advance of change; however, in the event of an emergency the Employee(s) shall report as requested without regard to the aforementioned seventy-two hours (72) notice.


12:1.4       It is the Employee’s responsibility to report his/her inability to be on duty at as early an hour as is practical, in the manner prescribed by his/her supervisor.

                  Absence for three (3) consecutive work days without proper notification to the administration shall be considered a voluntary resignation.  This item shall be waived if the Employee submits evidence of extenuating circumstances for the failure to timely report.


12:2          Work Week


12:2.1       The normal work week shall be Monday through Friday; however, the parties recognize that on occasion other schedules may be necessary and may be implemented provided:


a.                    Any alternative to the Monday through Friday schedule shall be timely discussed with the Federation before it is implemented;


b.                    All time worked on a Saturday shall be paid at the rate of time and one-half and any work on Sunday shall be paid at the rate of double time;


c.                    The development of a variable schedule shall not increase the workload of Employees on the regular Monday through Friday schedule.


12:3       Work Year


12:3.1       Number of Days/Year – Excluding One-on-One Paraeducators, the work year for Employees shall be the number of regular full student days by appropriate grade clusters with half-days for staff on student half days as approved by the Board.


                        12:3.1.1   For One-on-One Paraeducators, the work year shall be determined by the number of regular full and half student days by appropriate grade cluster for his/her specific, individual student as approved by the Board.  Any extended time required by law for the specific individual student is not subject to the terms of this Agreement.


                        12:3.1.2   The length of employment for One-on-One Paraeducators hired on or after 7/1/08 shall be determined by the need for continued individual support of the specific individual student for which the One-on-One Paraeducator is employed.  The period of employment with the District for the One-on-One Paraeducator terminates when the specific individual student no longer needs individual support or withdraws from the District.  The One-on-One Paraeducator may apply for any open Employee positions with the District upon notification of termination of employment.


12:3.2       All Employees 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 and one (1) professional development day, to be designated as the first teacher professional development day of the school year.  Planning for the in-service day will be done by the District in consideration of the needs of the various programs within the District.  Suggestions from Employees will be considered.


12:3.2.1 Computer Lab Facilitators shall have a minimum of ten (10) school days at the beginning of each school year to prepare the school for opening and setting up appropriate hardware and software for the computer lab, other classroom/assessment applications, and for providing maintenance and/or other service to the computers in the lab and in the school.  No computer lab sessions shall be scheduled during the first ten (10) school days.


12:3.3       Current Employees will be given first opportunity and priority to fill positions that occur in mandatory student programs that extend beyond the regular school calendar by level. 


12:4          Hours Per Day


12:4.1       Full Time  7.5 hours per day (including a one-half (½)  hour duty-free lunch and two (2) fifteen-minute breaks) on full student days.


12:4.2       Part-Time  3.75 hours per day (including one (1) fifteen-minute break).


12:4.3       Half-day/Early Dismissal 5.0 hours per day, including a one-half (½) hour duty free lunch and one (1) fifteen minute break.





13:1          Regular monthly meetings of the Labor-Management Committee (hereinafter “the Committee”) shall be held, if requested by either party, to discuss implementation and interpretation of this Agreement and other issues of mutual concern.


13:2          The parties shall exchange agendas three (3) days prior to a meeting of the Committee if possible.  Additional items or amendments to the Agenda can occur upon mutual agreement of the parties. 


13:3         The Committee shall not consider items which are more properly subjects for the grievance procedure.  In no way does discussion on any items by the Committee extend the time limits outlined in the grievance procedure.


13:4          An Employee with a personal concern or problem is encouraged to attempt to resolve the issue by informally discussing the matter with the building administrator.



14:1          A grievance shall be defined as a written claim by an Employee or the Federation that the terms of this Agreement have been violated, misinterpreted, or misapplied resulting in abridgement of rights granted to the Employee by the Agreement, or by the Federation that its rights under this agreement have been violated.


14:2          The Federation shall process all appeals and receive copies of all decisions concerning grievances.


14:3          A representative of the Federation shall be permitted to participate in all grievance meetings.  Additionally, representatives of the Federation or Delaware Federation of Teachers shall be permitted to participate in all grievance meetings after Step One.


14:4          Except where there has been agreement to extend the time limits, failure at any step of the grievance procedure to communicate the decision within the specified time shall constitute authority to proceed to the next step, and failure to proceed to the next step within the specified time shall constitute acceptance of the decision rendered at that step.


14:5          Meetings or hearings at any level of the grievance procedure may be waived by mutual agreement of parties.


14:6          If, in the judgment of the Federation, a grievance affects a group or class of Employees or the Federation, the grievance shall commence at a step appropriate to the occasion giving rise to the grievance.


14:7          Grievances relating to suspension or discharge may be initiated at Step Two of the grievance procedure.


14:8          Where grievance proceedings are mutually scheduled by the parties during work time, persons who are properly present shall suffer no loss of pay.


14:9          The filing or the pendency of a grievance shall in no way operate to interfere with the right of the Board to take the action complained of, subject to the final decision in the grievance.


14:10        Notwithstanding the pendency of a grievance, Employees shall continue to observe all assignments and applicable rules and regulations until such grievance has been fully determined.  However Employees shall not be required to work under unsafe or hazardous conditions.


14:11        The Federation and the Board encourage informal resolution of differences and they agree that, to the extent appropriate at each level, grievance proceedings will be kept informal.


14:12        All grievances should be processed as rapidly as possible; the number of days indicated at each level will be considered a maximum and every effort will be made at each level to expedite the process.  However, the specified time limits may be extended by mutual written agreement.


14:13        “Days” as used in this article shall mean workdays except when a grievance is submitted between May 1 and the close of the academic year. The time limits shall consist of calendar days so that the matter may be resolved before the close of the academic year or as soon thereafter as possible.


14:14        Timelines


14:14.1     All grievances to be considered under this article must be initiated in writing at Step One within fifteen (15) days from the time the Employee or the Federation should or could reasonably have known of the incident.


14:14.2     Claims under this Agreement, including back wages, will be valid for only the fiscal year in which the grievance was first filed in writing with the employer.


14:15        Grievances shall be presented and adjusted in accordance with the following procedure:


                        14:15.1    Step One – Informal

                                         The Employee having a grievance, complaint or problem may meet with the principal or supervisor with the objective of resolving the matter informally. The Employee may be accompanied by a Federation representative. In the event the matter is not resolved informally and the matter is a proper subject for grievance under the definition set forth herein, a written grievance may be lodged by the Employee with the principal or supervisor within fifteen (15) days from the time the grievance arose. The grievance shall set forth the nature of the grievance, the remedy sought and the specific provisions of the Agreement alleged to have been violated, and shall state whether informal discussion were held. The parties agree that the failure to correctly state the specific provision alleged to be violated shall not constitute a procedural defect which renders a grievance inarbitrable except that the demand for arbitration must contain the specific provision(s) alleged to be violated which shall not thereafter be modified or amended except by mutual agreement of the parties.


                        14:15.2    Step One (a) – Formal


                                         The grievance shall thereafter be discussed with the principal or supervisor.


                        14:15.3    Step One (b)


                                       Within five (5) days after receiving the grievance, the principal shall communicate his decision in writing to the Employee who lodged the grievance and the appropriate Federation representative.


                        14:15.4   Step Two


                                       If either the grievant or the Federation is dissatisfied with the decision of the principal or supervisor, within five (5) days of that decision the aggrieved Employee, through the Federation or the Federation in its own name, may appeal the grievance in writing to the Superintendent or designee.  The Superintendent shall meet with the grievant and Federation representative within five (5) days to attempt to resolve the grievance, and shall communicate the decision and reasons therefore in writing to both the grievant and the Federation within five (5) days after the date of the meeting.


14:16        Submission to Binding Arbitration


14:16.1     If the Federation is dissatisfied with the decision of the Superintendent as it pertains to the Agreement, the Federation may request arbitration.  Such request shall be made known to the Superintendent by certified mail, return receipt requested, or by personal delivery, no later than fifteen (15) days after receipt of the Superintendent’s written decision.


14:16.2     A request for arbitration can be honored only if the grievant or grievants and the organization representing them, waive the right, if any, in writing of said grievant or grievants and the organization representing them to submit the underlying dispute to any other administrative or judicial tribunal.  In the event the Employee refuses to sign the waiver set forth above, and if the Federation wishes to pursue the grievance to arbitration in order to protect the integrity of the contract, it may sign the waiver and pursue the grievance on its own behalf and become the grievant.


14:16.3     The appeal to binding arbitration shall state in reasonable detail the nature of the dispute and the remedy requested.


14:16.4     Binding arbitration shall be limited to a claim that a term(s) of the Agreement has been violated, misinterpreted, or misapplied. 


14:16.5     No claim shall constitute an arbitrable matter or proceed through binding arbitration if it pertains to:


a.            A matter where a specific method, remedy or appeal is prescribed by law;

b.            The interpretation of application of State or federal law;

c.            Any rule or regulation of the State Department of Education, State Board of Education, United States Department of Education; however, failure to equitably apply such rules or regulations may be arbitrable;

d.            Any matter which according to the law is either beyond the scope of Board authority or which the Boards may not delegate;

e.            Termination or non-renewal of a part-time or full-time Employee;

f.             Dismissal of a probationary Employee;

g.            The content or conclusions reached in Employee observations and evaluations; and

h.            Policies of the Board.


14:16.6     If the superintendent disagrees as to the arbitrability of any other type of dispute, s/he shall convene a meeting within ten (10) days with the President of the Federation in an effort to resolve the differences between the parties.


14:16.7     If the disagreement over arbitrability persists, the arbitrator appointed under the procedures set forth by the Public Employment Relations Board, shall rule upon the question of arbitrability prior to hearing the merits of the dispute in question.  If the arbitrator determines that the dispute is arbitrable, the arbitrator shall schedule a second hearing on the merits. The losing party on the issue of arbitrability shall be 100% responsible for the arbitrator’s fees and expenses incurred in deciding on the arbitrability of the dispute. 


14:16.8     The cost of the services of the arbitrator for a determination of the merits of the dispute, including per diem expenses, actual and necessary travel costs, subsistence expenses, and the cost of the hearing room, shall be shared equally by both parties.


14:17        The parties shall be bound by the rules and regulations of the Public Employment Relations Board pursuant to Title 14 of the Delaware Code, Chapter 40. 





15:1          The Federation agrees that during the period of this Agreement, it will not, nor will any person acting in its behalf, overtly cause, authorize, or support a strike arising as a result of disputes over interpretation of this Agreement, or any other matter over which the Board has jurisdiction.  The Board also agrees that it will not lock-out Employees for the duration of this Agreement.





16:1    Staff Development


16:1.1       The Board and the Federation recognize the opportunity for Employees to participate in staff development programs for the improvement of Employee performance.  Employees may have the opportunity to participate in district level in-service activities as approved and processed through the building principal.  Each Employee who participates in in-service programs at the District level shall be given an opportunity to evaluate such programs.


16:1.2       If an Employee attends any workshop or conference, the Employee must follow the Professional Absence/Travel Request procedures.  In such cases, the Employee  shall receive reimbursement as detailed in the procedures. 


16:2          Educational Advancement


16:2.1       The Board agrees to budget the amount of $10,000 for each year of this Agreement to support tuition reimbursement program for full and part-time unit members with the following conditions:


1.            Eligible unit members may request tuition reimbursement for graduate or undergraduate university and college courses approved by the Human Resources Department, at least two weeks prior to the beginning of the course.

2.            Reimbursement shall be for courses that will enable unit members to continue their professional development and to maintain or increase their skills.

3.            The unit member must achieve a grade of “B” or better.  Documentation must be submitted (official transcript) to Human Resources within 60 days of the end of the course.


4.         The cost of books, lab fees, or other materials will not be reimbursed.


5.         The District shall make every effort to reimburse at least six credit hours per year.  If there are funds remaining, the District shall offer reimbursement of courses pro-rated so that each eligible Employee receives a share of the total District allocation beyond the six (6) credit hours per year.


16:2.2                       Employees earning 15 in-service credits prior to July 1, 2005, will

                                  continue to receive $350.00 to become part of the Employee’s

                                  annualized salary.  In-service salary credit will not be given after

                                  July 1, 2005.


16:2.2.1                   Employees earning 15 semester hours of college credit in a

                                 college/university program leading to a degree in teaching, shall be

                                 eligible to receive, upon application, $500.00 to become a part of

                                 the Employee’s annualized salary.  Effective July 1, 2008, any new

                                 Employee or any Employee currently not receiving said stipend, may

                                 apply in accordance with the above, but instead will receive $62.50

                                 to become part of the Employee’s annualized salary.    


16:2.3       An Employee who has received a Bachelor’s degree will be given $500.00 to become a part of the Employee’s annualized salary.


16:2.4       An Employee who has received a Master’s degree will be given $1,000.00 to become part of the Employee’s annualized salary.





17:1           In inclement weather conditions, bus attendants will report to work under the same conditions as required for school bus drivers.      


17:2          Bus attendants assigned to lift buses will be trained by an administrator or designee to operate bus lifts, wheelchairs and tie downs before being assigned to a lift bus.


17:3          Whenever a vacancy occurs, it must be posted within five (5) days.  All bus run vacancies shall be posted in the Transportation Office for five (5) days allowing bus attendants to be aware of the vacancy.


17:4          Bus assignments shall be filled on the basis of the following factors in priority order:

a.            seniority;

b.            qualifications based upon evaluation, experience and additional training;

c.            system wide balance; and

d.            other relevant factors


17:5          Long term absences of bus attendants of four (4) weeks or more shall not be considered vacancies but shall be handled in the following manner:  Once the bus attendant informs the supervisor that he/she will be absent for four (4) or more weeks the supervisor will offer his/her position to the bus attendant having the next fewest hours of employment with the provision that should he/she accept it, his/her previous position will be substituted.  If he/she does not take the offered position, the position with the absence will be substituted.  When the absent Employee returns, both Employees return to their original positions.    


17:6          Any runs generated after summer runs begin will be posted.   


17:7        The bus attendant will be paid for the same number of hours as the driver of each run requiring an Paraeducator.  Bus attendants are required to perform pre-and post-trip inspection of the vehicle with the bus driver.





18:1    Wages


18:1.1       The local salary supplement of all Employees covered by this Agreement shall be added to the State salary schedule and shall be as described below:


2008-09         add .07¢/hr        Total Local = $2.15

2009-10         add .TBD/hr       Total Local = $TBD

2010-11         add .TBD/hr       Total Local = $TBD

2011-12         add .TBD/hr       Total Local = $TBD


The parties agree to re-open salary negotiations for the 2009-2010, 2010-2011, and 2011-2012 years.  Negotiations will begin no later than March 1 of each year.  Said negotiations will only encompass financial items covered in the Agreement.  In no way will the re-opener negotiations prohibit the parties from settling the subsequent years salaries, should the parties agree.


                  Individual salaries for Employees will be annualized for payroll purposes based upon the number of hours worked per day and the number of days worked per year.


18:1.2       Employees shall move sequentially on the salary schedule in annual increments.  Employees must work more than one-half year to receive the annual increments.


18:1.3       All new Employees must have their pay checks deposited into their bank account by the District in any bank, which agrees to accept such deposits in accordance with procedures established by the District (effective January 1, 1996).


18:1.4       The Board shall make checks available to Employees on the day designated by the state or within twenty-four (24) hours of receipt by the District, whichever is later.


18:2          Supplement for Special Education Paraeducators


18:2.1       Special Educational Paraeducators will receive a duty supplement of $450.00 annually.


18:3          Supplement for the Computer Lab Facilitator Team Leader


18:3.1       The Computer Lab Facilitator Team Leader will receive a supplement of

                  $ 1,600.00 annually.


18:4          Longevity 


18:4.1       Increased by $.20/hr. beginning the year following the last step on the State salary schedule.


18:5          Overtime


18:5.1       Any Employee required to work before or after the Employee’s regularly scheduled hours for District purposes at the request of their immediate supervisor, shall be paid a minimum of two (2) hours at their regular hourly rate of pay, unless such time takes the Employee beyond forty (40) hours in the work week, at which time the Employee shall receive one and one-half (1.5) times their regular hourly rate for all hours worked in a work week beyond forty (40). 


18:5.2       Employees who are required to attend workshops that occur beyond the normal workday shall be paid at their regular hourly rate, unless such time takes the Employee beyond forty (40) hours in a work week, at which time

                  the Employee shall receive one and one-half (1.5) times their regular hourly rate for all hours worked over forty (40) in a work week. 


18:6          Summer Pay Rates


18:6.1       An Employee who is employed in a summer program will be paid at his/her normal hourly rate of pay.


18:7          Referral Bonus


18:7.1       For every newly hired Employee who was referred by a current Employee, and who remains employed with the District for one year, the referring Employee shall receive a referral bonus of $50.00.


18:8          Student Achievement Bonus


18:8.1       If the school meets the building goal for annual progress of its students, the Employees in that building shall be entitled to receive a yearly Student Achievement Bonus, payable by September 30th of the following school year in the amount of $125.00.


18:9          Performance Stipend for Bus Attendants


18:9.1       Bus attendants are entitled to receive the following Exemplary Attendance Incentive provided that the criteria is met:


A.   Exemplary Attendance--$350.00 for completion of the entire year with no more than two working days absence from the Employee's duties as a Bus Attendant. Worker's Compensation, jury duty, authorized personal days, etc. are not counted against this bonus. Any absences chargeable to sick leave, other than authorized personal days, and unexcused absences or deducts do count against eligibility for the bonus.


18:10        City Wage Tax


18:10.1     Employees who work in the City of Wilmington and are required to pay the City of Wilmington wage tax shall receive a $150.00 annual supplement as long as they continue to be subject to the City wage tax.  The supplement shall be paid  in one payment in the spring of the school year. 


18:11        Health Benefits Stipend


18:11.1     The District shall make available to full-rime Employees covered by Blue Cross/Blue Shield, HMO or other qualified medical coverage, a stipend equal to the amount in the teachers negotiated agreement to be applied to the premiums in excess of the State contribution.


18:12        Local Benefits Stipend


18:12.1     Full-time Employees shall receive a stipend equal to the amount in the teachers negotiated agreement to be used towards the purchase of local benefits.  Employees who work twenty (20) hours per week or more, but less than thirty (30) hours per week, will receive one-half (½) of the Board stipend for benefits as set forth herein.  Employees who work ten (10) hours per week or more, but less than twenty (20) hours per week, will receive one fourth (¼) of the Board stipend for benefits as set forth herein.


18:12.2     In addition to Blue Cross/Blue Shield or other medical coverage, Employees will be permitted to select among the following local Employee benefits, the costs of which shall be paid in whole or part by the above stipend. Any additional costs of benefits selected by an Employee shall be by payroll deduction:


Blood Bank

Dental Care


Life Insurance




18:12.3     There will be no reopening for benefits sign-up based on a stipend increase.  





19:1          This Agreement shall be in effect as of July 1, 2008, and shall continue in effect until June 30, 2012, subject to the Federation’s right to bargain over a successor Agreement.


19:2          This Agreement shall be binding on the parties, their successors, and assigns for the duration of the Agreement in accordance with Chapter 40, Title 14 of the Del. C., unless specifically prohibited by law.  Bargaining over a successor Agreement shall begin no later than March 1, 2012, upon request of either of the parties.


19:3          This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation.  During the term of the Agreement, neither party shall be required to negotiate with respect to any such matter whether or not covered by this Agreement, provided that in the event both parties agree to reopen negotiations on any issue, any resultant modification to this Agreement shall be effected only by an instrument in writing duly executed and approved by both parties.


19:4          In witness whereof, the parties hereto have caused this Agreement to be signed by their respective designees, all on the day and year first above written.


19:5          This Agreement shall continue in effect until replaced by a successor Agreement or until it is terminated by either party giving written notice of desire to terminate to the other party.  In the event of notice to terminate, such notice shall be given the other party in writing by certified mail sixty (60) days prior to the date said party desires termination of the Agreement.  Sixty (60) days after the date of said notice, the Agreement shall expire on the date indicated in the notice, except that in no event shall this Agreement expire prior to June 30, 2012.


For the Employer:              Brandywine School District:


(Signed)         __________________________________________________________

                        President, Board of Education


(Signed)         _________________________________________________________




For the Federation:            The Federation, Local 762

                                                American Federation of Teachers, AFL-CIO



(Signed)         ___________________________________________________________

                        TONI JACOBS




(Signed)         ___________________________________________________________

                        PATRICIA WERLEY