Contract03-04

MASTER AGREEMENT
between
     THE LAMPHERE SCHOOLS
AND
     THE LAMPHERE FEDERATION OF TEACHERS
     AFFILIATES OF THE MFT, AFT, AND AFL-CIO
2003 - 2004

The Lamphere Schools

31201 Dorchester

Madison Heights, Michigan 48071

TABLE OF CONTENTS

ARTICLE PAGE

I Recognition 1

Bargaining Unit

Permanent Subs

Definition of Terms

Negotiate with Federation

Individual Teacher Rights 2

Federation Dues/Service Fees Check Off

Check-Off Form

Dues Remittance 3

Member/Assignment List

Notification to Board

Deductions

Save Harmless

Agency Shop 4

Use of School Rooms

Wearing of Insignia

Bulletin Boards 5

Mail

Meeting Notification

Announcements

Hepatitis Immunization

II Board Rights 5

Rights Article 6

Conflicts

III Professional Compensation 7

Salary Track Schedule

Grandfather Clause

Earned Credits 8

Cost of Living

Supplemental Pay/Extra Duty 9

Experience Credit

Insurances 10

Health

Life

Optical

Dental 11

Insurances

Car Allowance

Summer School Rate

Summer Pay Rate

Preparation Pay 12

Method of Pay Termination Pay

Long Term Disability 13

Section 125 and 457 Plans

IV Teaching Hours 13

Teacher Starting Time

Exceptions

Lunch Periods

Parent/Teacher Conference 14

Staff Meetings

V Teaching Assignments and Conditions 14

Major/Minor Assignments

Reassignment

Class Size

Pupil-Teacher Ratio 15

Furniture Teacher Lavatories

Parking 16

Non-Instructional Duties

Preparation Time

Non-Discrimination

Open House/Parent-Teacher Conferences

Tools of the Profession 17

Special Area Teacher

Elementary School Schedule

VI Promotions and Vacancies 17

Definition

Notice of Vacancy

Applications

Intent of Interest 18

VII Transfers and Vacancies 18

Definition

Voluntary Transfer

Involuntary Transfers 19

VIII Personnel File 19

IX Teacher Evaluation, Dismissal & Tenure 19

Probationary Employees

Tenure Teachers 20

Evaluations

Evaluations Not Subject to Grievance 21

Termination of Probationary Employees

Discipline of Teachers

Third Evaluation

X Protection of Teachers 21

Responsibility

Administrative Action 22

Teacher Physical Assault

Absence Due to Assault

Personal Property

Parent Complaint

Discussion of Reason 23

XI Grievance Procedure 23

Definitions

Purpose

Procedure

Informal Meeting

Level One

Level Two 24

Level Three

Individual Grievance

Legal Counsel 25

MFT-AFT Participation

Step-Time Limits

Action of Higher Authority

Time Spent on Grievance

Arbitration Fees and Expenses 26

Grievance Records

Back Pay

XII Leave of Absence Without Pay 26

Board Action Required

Conditions

Procedures 27

Maternity Extended Sick Leave

No Advancement of Salary Schedule

Leave for Teaching Programs

Military Leave 28

XIII Leave of Absence With Pay 28

Sick Leave

Amount

Types of Sick Leave

Accumulation of Sick Leave

Conditions

Personal Business Leave 29

Federation Days 30

Jury Duty

Military Reserve Duty

Visitations 31

Sabbatical

XIV Professional Study Comm. & Professional Development Training 33

Establishment of Committee

Professional Development Training

CEC 34

Mentor Program

Peer Coaching

XV Layoff and Recall 35

Federation to be Consulted

Seniority

Reduction of Staff 36

Order of Recall 37

Recall and Helpful Information

Substitute List

Notification to Other Districts

Middle School

XVI Academic Freedom 38

Constitutional Rights

Controversial Issues

XVII General 38

Absence Reporting

Emergency Closing

Board Information Available to Federation

Public Records

Printing and Distribution of Agreements

Board Rules, Regulations, Practices, Individual Contracts

Waiver Clause

Agreement Final

Agreement Subject to Law

Payroll Deductions 40

School Calendar, 2003/04

Notice of Termination 41

Time for Negotiations

Strike Prohibition

Teacher Salary Schedule - 2003/04 42

Schedule B, Teacher's Supplemental Pay 43

XVIII Duration and Signature 48

Letter of Understanding - June 7, 1999 49

ARTICLE I

RECOGNITION

A. Bargaining Unit:

1. The bargaining unit for teachers covered by this Agreement shall consist of all certified teaching personnel and professionally related employees under contract to the school district, EXCLUDING Superintendent, Deputy Superintendent, Assistant Superintendent, Director of Curriculum and Instruction, Director of Vocational Education and of Drivers' Education when filled by an administrator, Director of Adult Education, Director of Special Services, Director of Counseling and Data Processing, Director of Athletics, Principals, Assistant Principals, Secondary Administrative Assistants, Administrative Interns and Elementary Teaching Assistant Principals, day-to-day substitutes, and all other supervisors as defined in Section II of Act 379, Public Acts of 1965.

2. Permanent Substitutes:

Permanent teacher substitutes, possessing a valid Michigan teacher certificate for the position, who shall be employed in a continuing singular assignment for a period of ninety-five (95) working days and hired before April 1st of each year shall become members of the bargaining unit on the ninety-fifth (95) day of their employment. The Board shall retroactively on a prorated basis provide leave benefits to the employed permanent substitute upon establishment of bargaining unit status. Insurance and/or other economic provisions shall not be retroactive.

B Definition of Terms:

1. The term "teacher" when used hereinafter in this Agreement shall refer to all employees represented by the Federation in the bargaining unit as above defined, and reference to male teachers shall include female teachers.

2. The term "Board" when used hereinafter in this Agreement shall refer to the Board of Education and the administrators employed by the Board to carry out its directives and/or policies.

3. Wherever the title "Board of Education" is used in this Agreement, it shall refer solely to the elected and/or appointed legal body referred to as the Lamphere Board of Education.

C. Negotiate with Federation Only:

The Board agrees not to negotiate with any teachers' organization other than the Federation for the duration of this Agreement unless otherwise required by law.

D. Individual Teacher Rights:

Nothing contained herein shall be construed to deny or restrict any teacher rights the teacher may have under Michigan General School Laws or applicable Civil Laws. It is agreed that the teacher shall have exhausted all steps and procedures to protect those rights as outlined in this Agreement before employing the Michigan and Civil Laws referred to in this paragraph. Membership in any teacher organization shall not be a condition of employment.

E. Federation Dues and Service Fees Check-Off:

1. Check-Off:

Upon filing with the employer of the written authorization form for payroll deduction designated below, signed by the employee, the employer agrees, during the term of this Agreement and any extension or renewal thereof, to deduct Federation membership dues and service fees which have been levied by the Federation and certified in writing to the Board within thirty (30) days after ratification of this Agreement and annually thereafter.

2. Check-Off Form:

Teachers must submit the following form of authorization thirty (30) days prior to deduction from a payroll check:

Date:

AUTHORIZATION FOR DEDUCTION OF

LAMPHERE FEDERATION OF TEACHERS

MEMBERSHIP DUES AND SERVICE FEES

I hereby authorize the Lamphere School District to deduct the sum of $ from ten (10) consecutive paychecks, which sum is to be paid to the treasurer of the Lamphere Federation of Teachers.

CHECK ONE:

This amount represents my membership dues to the Lamphere Federation of Teachers.

This amount represents a service fee to the Lamphere Federation of Teachers.

This authorization is to continue in full force and effect until such time as my employment is terminated, a change of assignment removes me from the bargaining unit, or until the authorization is revoked by written notice from me. I further authorize the Federation treasurer to annually change the amount and number of deductions.

Signed___________________________________

DUES PAID TO THE LAMPHERE FEDERATION OF TEACHERS MAY NOT BE DEDUCTIBLE FOR FEDERAL INCOME TAX PURPOSES; HOWEVER, UNDER LIMITED CIRCUMSTANCES, DUES MAY QUALIFY AS A BUSINESS EXPENSE.

3. Dues Remittance:

The Board agrees to forward such deductions to the Federation once each month. The Board further agrees to submit a list of employees from which deductions are made in the first month and every month thereafter in which the deductions are made.

4. List and Assignments of Bargaining Unit Members:

The Board shall forward to the Federation a list of all employees within the bargaining unit and their assignments within thirty (30) days after the beginning of the school year.

5. Federation Notification to Board:

The Federation agrees to give written notification to the Board prior to the beginning of each school year of the amounts to be deducted and the number of deductions in that year under such authorization.

6. Sufficient and Excessive Deductions:

The Board agrees, in the event that it or its agents have been shown to have deducted insufficient amounts from any members of the bargaining unit, to increase the following deductions in the amount of the demonstrated insufficiency or to deduct the insufficient amount from the next paycheck. The Federation agrees, in the event that it has received monies in excess of authorized deductions, to reimburse the employee(s) in the amount of the demonstrated excess.

7. Save Harmless:

In any case or proceeding brought against the Board, each individual member, and all administrators in which an employee or employees, or any person or organization on their behalf, contest any action taken or not taken by the Board in order to comply with the provisions of this Agency Shop provision, and in which a final judgment or decree has not been appealed within the time provided for doing so, the Federation agrees to reimburse the Board, promptly upon demand, for all reasonable legal fees and all expenses of suit incurred by the Board in defending itself in such action, and also for any and all damages for which the Board may be adjudged liable in such action. The Federation further agrees that if it shall fail to reimburse the Board promptly upon demand for the aforesaid fees, expenses and damages, the Board shall be entitled, in addition to any other legal remedies, to apply against such indebtedness of the Federation to the Board, until paid in full, no more than thirty (30) percent of all monthly service fees, membership dues, and dues collected by the Board on behalf of the Federation.

F. Agency Shop:

1. The members of the bargaining unit shall be obligated to pay a service fee equal to the total membership dues, assessments and fees to the Federation for costs incurred to negotiate and administer the Master Agreement. The members of the bargaining unit may fulfill this obligation in one of the following ways:

(a) Pay the full amount of the service fees or membership dues to the treasurer of the Federation.

(b) Submit and deliver to the Board the check-off form as outlined in Section E-2 of this Article authorizing deduction of membership dues or service fees to the Federation.

2. It shall be a requirement of all members of the bargaining unit to comply with the above Section F-1 on or before the thirtieth (30th) day following the beginning of the school year, their first day of employment and/or the date of ratification of this Agreement by both parties.

(a) Teachers hired less than thirty (30) days prior to April 1, must comply with Section F-1 by April 1.

3. Failure to comply with Section F-1 within the above-stated thirty (30) days shall constitute a basis for discharge. Upon receipt of written notification from the Federation of a request for termination because the employee has failed to comply with Section F-1 within the above-stated thirty (30) days, the Board shall notify the teacher that his/her employment with the school district shall terminate at the end of the current semester.

4. If any court of competent jurisdiction holds that this "Agency Shop" clause is invalid, illegal or unconstitutional, and from whose final judgment or decree no appeal has been taken within the time provided for doing so, then the Section F shall be null and void.

G. Federation Use of School Rooms:

School rooms shall be available for use by the Federation for meetings before and/or after regular working hours provided that, 1) such meetings occur during the regular shift hours of the custodian for the building in question, 2) request is made to the principal not less than one (1) day in advance, and (3) there is no conflict with other activities.

H. Wearing of Insignia:

No teacher shall be prevented from wearing insignia, pins or other identification of membership in the Federation or any other teachers' organization on the school premises; provided, however, that a teacher shall not be permitted to wear any identification which shall be disruptive or derogatory to the Board or the administration.

I. Bulletin Boards:

The Board will provide bulletin board space for Federation use in each building where members of the bargaining unit are employed. Whenever feasible, the bulletin board shall be located in the teachers' lounge.

J. Mail:

A mailbox for each teacher shall be provided by the Board. The Federation representatives shall be permitted to insert mail in the teacher's mailbox provided that each piece of mail is identified as Federation mail. The Board shall in no way be liable for any loss or damage to Federation-mailed materials.

K. Notification of Federation Meetings:

If the Federation requests, the administration shall state on the building staff meeting agenda that the Federation will have a meeting immediately after the staff meeting is adjourned.

L. Announcements:

The Federation may have announcements read over the school's public address system during the times that students are not scheduled for classes. The administration shall give its approval; provided, however, that the announcements are limited to those informing the teachers of a specific meeting time and/or instructions relative to papers that must be completed and returned to the Federation. In no way shall an announcement be read which is derogatory toward any group or individual.

M. Hepatitis Immunization:

Teachers employed at the Lamphere Center or autistic programs shall have the opportunity of receiving hepatitis immunization at the Board's expense. On the first day of the 1991-92 school year and upon employment after that, staff will be notified, in writing, of the procedure to access this immunization.

ARTICLE II

BOARD RIGHTS

A. Board Rights:

It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board of Education, except those which are clearly and expressly relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Federation either as to the taking of action under such rights with respect to the consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to:

1. Manage and control the schools' business, the equipment and operations, and to direct the working forces and affairs of the employer

2. Continue its rights and past practice of assignment and direction of work to all of its personnel, determine the number of shifts and hours of work and starting time and scheduling of all the foregoing, and the right to establish, modify or change any work or business hours or days, but not in conflict with the specific provisions of this Agreement.

3. Direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, assign work or extra duties to employees (if above the employee's classification, such assignment will be temporary and of a short duration), determine the size of the work force and to lay off employees so long as such action does not conflict with the seniority and layoff and recall provisions of this Agreement.

4. Determine the services, supplies, and equipment necessary to continue the operations and to determine the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work, including automation thereof or changes therein, the institution of new and/or improved methods of changes therein, but not in conflict with the specific provisions of this Agreement.

5. Adopt reasonable rules and regulations which are not inconsistent with accepted professional behavior necessary to carry out duties and responsibilities, and are not in violation of the provisions of this Agreement. The Board shall have the right to discipline, including discharge, any teacher for taking part in any violation of this provision. Prior to taking such action, the Board shall notify the Federation of its intention, but not in conflict with specific provisions of this Agreement.

6. Determine the placement of operations, production, service, maintenance or distribution of work and the source of materials and supplies, but not in conflict with specific provisions of this Agreement.

7. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations, but not in conflict with specific provisions of this Agreement.

8. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement.

9. Determine the policy affecting the selection, testing or training of employees, provided that such selection shall be based upon lawful criteria, but not in conflict with the specific provisions of this Agreement.

B. Rights Article:

The matters contained in this Article and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.

C. Conflicts:

The question of whether or not a provision of this Agreement is in conflict with this Article is subject to the provisions of the Grievance Procedure hereinafter set forth.

ARTICLE III

PROFESSIONAL COMPENSATION

A. Salary Schedule for 2003/2004:

1. The salaries for teachers are set forth as Schedule A and attached as part of this Agreement.

2. Each salary schedule shall have six (6) educational attainment tracks identified as follows:

Track Educational Attainment

A      BA or BS=       Bachelor's Degree
B      BA+20 =      Bachelor's Degree plus twenty (20) semester hours.
C     MA or MS =      Master's Degree or BA + 50 = Bachelor's Degree plus fifty (50) semester hours.
D     MA+15 =      Master's Degree plus fifteen (15) semester hours
E     MA+30=       Master's Degree plus thirty (30) semester hours
F     MA+45=      Master's Degree plus forty-five (45) semester hours
Ed. Spec. = Educational Specialist Degree
Ed.D        = Doctorate in Education
Ph.D        = Doctorate of Philosophy

3. "Grandfather Clause":

Teachers who were maintained in a salary track by the "grandfather" provisions of the Master Agreement (1976-78) shall remain on such track through the life of this agreement or until such time as the teacher shall attain the educational requirements and meet the provisions of Section B of this Article.

4. The Board may hire teachers for less than a full teaching schedule. Salary for such teachers shall be prorated from the appropriate step and track for which the teacher is qualified. Further, a teacher who shall be hired for less than seven-tenths (.7) of a school day and shall complete a school year shall move one-half step on the salary schedule in the next school year. An employee approved by the administration for less than a full teaching schedule will be credited with seniority as provided in Article XV. B.1.

5. Shared positions shall be on a voluntary basis and mutually agreeable to administration and the two teachers sharing one teaching position. Each teacher's salary and fringe benefits shall be prorated and proportionate to his/her assignments.

(a) Board paid fringe benefits such as life insurance, health insurance, optical insurance, dental and long term disability insurance will be provided on a prorated cost basis by the Board. The teacher may have an option to pay half of the fringe benefit cost or elect some of the fringe benefits fully paid by the Board without exceeding half eligible costs.

(b) Leave benefits as described in Article XIII personal business, jury duty, etc., shall be paid on the basis of the prorated daily rate of a part-time teacher.

(c) If planning time is not provided within a regular work schedule, payment for planning time will be provided on a prorated basis.

B. Earned Credits:

1. Teachers who earn credits or degrees shall move to the appropriate salary as indicated by the educational attainment track in Section A-3 of this Article.

2. Teachers must submit a written request for track changes no later than August 1 of the year they are eligible for the increase. Supporting evidence for track changes must be submitted to the Personnel Office on or before October 1st of each year. Any teacher who fails to submit evidence for a track change on or before October 1st of the given year, shall be obligated to repay the amount of the pay increase collected in paychecks distributed prior to October 1st by a negative adjustment in the paychecks after October 1st.

3. Teachers who submitted a request for a change in salary tracks by August 1, 2003 will be grandfathered by the provisions of the 2000-2003 Master Agreement for the specific change requested. The hours of credit in each track of the Salary Schedule A are full semester hours and must be courses approved by the State for Continuing or Professional Certification, and must be as follows:

a. Hours beyond the bachelor's must be in the field of education and/or area of specialty and must be earned after the issuance of the teaching certificate. Teachers who earned a non-teaching degree prior to earning a bachelor's degree in education and teaching certificate, may be placed at the BA +20 or BA +50 at the discretion of the Superintendent upon initial employment.

b. Hours beyond the masters must be in the field of education and/or area of specialty and must be earned after the issuance of the master's degree.

C. Cost of Living:

The 2001-2 Salary Schedule A shall be increased by a cost of living factor as stated below, provided, the percentage increase shall rise above TEN (10%) percent.

1. The official U.S. Department of Labor, Bureau of Labor Statistics (BLS), Detroit Region, All Urban Consumers, shall be used to compute the cost of living percentage.

2. The official BLS reports received by the Board between January 1, 2001 and May 30, 2001, will be used to compute an average percentage of increase in a one-year period.

3. All excess percentage rise of the Detroit BLS, All Urban Consumers index over TEN (10%) PERCENT to a maximum adjustment of two percent (2%) shall be the basis for any addition to the 2001-02 Salary Schedule A.

The percentage of excess above TEN PERCENT (10%) to a maximum of two percent (2%) will be multiplied by the scheduled rate for each step and track and the product shall be added to the Salary Schedule A and used as the basis of a new schedule for 2001-02. (For example, if the cost of living average rise is eleven point five (11.5%), an additional one and one-half percent (1.5%) increase in the 2001-02 Salary Schedule A would result.)

4. All excess percentage rise of the Detroit BLS, All Urban Consumers index over TEN (10%) PERCENT to a maximum adjustment of two percent (2%) shall be the basis for any addition to the 2001-02 Salary Schedule A.

D. Supplemental Pay Schedules - Extra Duty Assignments:

1. The supplemental pay for teachers who accept extra duty assignments shall be paid according to the Schedule B attached as part of this Master Agreement.

2. Teachers who complete only part of the assigned duty for supplemental pay shall have their supplemental pay prorated accordingly.

3. Assignment to supplemental pay duties shall be for one year and shall be made by the Superintendent or the Superintendent's designee.

4. Pay for Schedule B assignments shall be made as follows:

(a) Positions which cover the full year shall have one-half of the amount paid at the end of the first semester and the balance at the end of the school year.

(b) Positions which cover a period less than the full school year shall be paid upon successful completion of the assignment.

(c) Coaching positions will be paid one-half the amount for the season, half way through the season if this request is made by the coach when the contract is issued. The balance will be paid upon the successful completion of the season.

E. Experience Credit:

Credit for past experience may be given. Of the above, (1) full credit may be given for previous experience in other public school systems; (2) credit not to exceed two years may be given for military experience involving teaching upon initial employment; (3) credits for experience outside the public schools may be given; the amount of credit to be given for past experience will be determined on an individual basis by the Superintendent of Schools. This Section is not retroactive and will only pertain to individuals hired under this agreement.

F. Health Insurance:

1. All full-time teachers who shall meet the eligibility requirements of the insurance carrier shall be eligible for health insurance as provided in sub-section 3 of Section F; provided, however, that a married teacher shall not be eligible in the Board plan if the married teacher's spouse is eligible for paid health insurance in the course of the spouse's employment which is at least equivalent to that coverage offered by the Board.

2. The Board shall pay the premium for eligible teachers as provided in sub-section 3 of this Section.

3. Coverage to be offered according to the eligibility requirements of the carrier and agreed to by the Federation and the Board shall be as follows:

•Michigan Blue Cross/Blue Shield Comprehensive Major Medical - 1500 Dual Funded Wrap with Michigan Employee Benefit Services or comparable coverage. The annual deductible for medical insurance shall be $200/400. The drug rider shall be $5 for generic and $18 for brand name.

4. A teacher who resigns and shall leave his/her teaching position before the end of the school year shall not be entitled to any Board contribution to insurance premiums beyond one month from his/her last day of teaching in the district.

5. In the event that five (5) full-time members choose to forego their health, dental, and vision insurance, the Board shall provide the member with a yearly cash payment according to the following schedule:

Schedule based on full time employment -

Drop all three - health, dental & vision $2,500

Drop only health - $2,000

The payment for 2003/04 will be pro-rated based upon the date the employee drops the insurance coverage. Teachers must declare their option to drop health care no later than November 30, 2003. In succeeding years, teachers must declare their option during the open enrollment period. Payment shall be made in one lump sum in the last pay in December.

G. Life Insurance:

The Board shall select and support the cost of a group life insurance policy in the amount of seventy-five thousand dollars ($75,000) for each full-time teacher.

H. Optical:

The Board shall provide MEBS Optical insurance for each full-time teacher.

Dental Insurance:

1. The Board shall select and support the cost of a group dental plan with an orthodontic rider.

2. The plan will provide the following benefits for the 2003/04 school year:

(a) Diagnostic 90%/10%

( b) Restorative 90%/10%

(d) Orthodontics 90%/10%

3. Maximum expenditures shall be limited to:

(a) Basic and major services, 2 (a), (b), (c) -$1,500 annually per covered individual.

(b) Orthodontics expense, 2 (d) - $1,000 lifetime maximum per covered individual.

J. Insurances:

1. Teachers who shall complete a full year of teaching in any one (1) school year and who receive a layoff notice prior to the end of the school year shall have all insurance premiums for the summer months paid by the Board within the maximums set forth in this agreement. Insurance payments will stop if teacher receives unemployment compensation.

2. Teachers who submit a letter of resignation, a letter of retirement or who are granted a leave before the end of the school year but who shall complete their teaching assignment to the end of such school year, shall be entitled to the Board contribution to all insurance premiums during the summer months within the maximums set forth in this agreement.

3. Within forty-five (45) days of ratification or on the first day of the school year, whichever occurs later, the Board will distribute to all bargaining unit members, a brochure describing all insurances and benefits, including each insurance carrier and how to access benefits.

K. Car Allowance:

Teachers who shall be authorized to drive personal cars for school business within the normal scope of their daily employment shall receive a car allowance, for in and out of district mileage at the rate established on July 1 each year by the Internal Revenue Service (IRS).

L. Summer School Rate:

Teachers who shall be employed as summer school teachers of children shall be paid at the following rates:

For the summer of 2004 - $20.00 per hour.

M. Summer Pay Rate:

Teachers who shall be employed during the summer in work other than summer school shall be paid at following rates:

For the summer of 2004 - $20.00 per hour.

N. Preparation Period Substitute Pay:

In any secondary or elementary school situation where a substitute is not available and a classroom teacher is required to utilize any preparation (planning) or other period during which the teacher does not have teaching duties, the teacher shall be paid for such time, in addition to their regular salary, at the following rate:

For the 2003/04 school year - $26.00 per hour.

O. Method of Pay:

1. Teachers shall have the opportunity to receive their pay in one of the following four ways; provided, however, written notification is made to the Lamphere payroll office two (2) weeks prior to the issuance of the first paycheck in September of each year:

(a) The employee may elect to receive his/her yearly salary in twenty-one (21) installments.

(b) The employee may elect to receive his/her yearly salary in twenty-one (21) installments, with the final school year paycheck in June to contain a lump-sum payment for the summer months.

(c) The employee may elect to receive his/her yearly salary in twenty-six (26) installments throughout the twelve month period (September through August); provided, however, that the employee who elects this option must provide the payroll office with a summer address by June of each year.

(d) The employee may elect to have his/her yearly salary paid through a bank of the employee's choice that accepts electronic transfers.

2. When the last payday of the teacher's work year is scheduled for a Friday that precedes the conclusion of the work year by six (6) days or less, the Board shall reschedule this payday to the last work day for teachers. For purposes of definition, the last day of the teacher's work year shall mean the186th scheduled teacher attendance day for the duration of this agreement.

P. Termination Pay:

1. The following shall apply for teachers who retire after ratification of this Master Agreement:

A teacher who shall terminate his/her employment under the terms of the Michigan School Retirement Provisions, and who shall have worked continuously for the Lamphere Schools as a teacher for 16 years immediately prior to the date of termination of employment, shall receive a lump-sum payment equal to $70 dollars for each unused accumulated sick day provided that no employee shall receive more than twenty thousand dollars ($20,000) as maximum payment for retirement under this provision. For purposes of this section, a teacher who shall interrupt his/her service in the district with an approved leave shall not be considered to break the "continuous service" provision of this section; provided, however, that the time on the approved leave shall not be counted toward the sixteen (16) year requirement of this section. Payments pursuant to this provision will be made via a Section 401 (a) TSA in accordance with the IRS regulations.

Q. Long Term Disability Insurance:

1. The Board will provide and support a long-term disability insurance plan. The plan will be for 66.6% of salary, beginning after 60 days of disability, to age 65 with a maximum benefit of $3000 per month. This insurance will be an integrated benefit with Michigan Public School Employee's Retirement, Federal Social Security Act, Veteran's Benefits, or such pensions.

2. Group health insurance premiums, as described in Section F of this Article which were being paid by the Board prior to the commencement of long-term disability insurance payments may be continued provided:

(a) The employee notifies the employer of the intent to continue health insurance.

(b) The Board will pay the full premium.

The maximum period of extended payments by the Board will be 12 months; or until the employee returns to work; or the employee obtains other coverage, whichever occurs first. Group health insurance will be provided by the Board's current carrier.

R. Section 125 and 457 Plans

The Board will provide a Section 125 Flexible Spending Account and a Section 457 Deferred Compensation Plan in accordance with IRS regulations.

ARTICLE IV

TEACHING HOURS

A. Teacher Starting Time:

1. Teachers shall be required to report on duty fifteen (15) minutes before the opening of the students' regular school day in the morning. Teachers shall be permitted to leave fifteen (15) minutes after the close of the students' regular school day. Elementary teachers shall be permitted to leave ten (10) minutes after the close of the students' regular school day.

2. On a voluntary basis, and with mutual consent of the administration, non-teaching members of the bargaining unit (social workers, counselors, psychologists) may establish a work day that is different than that of the student school day but runs the same length that the student school day does.

B. Exceptions:

At times it may be necessary for a teacher to deviate from these normal teaching hours. Except in cases of emergency as defined by the building administrator, changes in normal teaching hours shall be at the mutual agreement of the teacher and the administrator.

C. Duty-Free Lunch Periods:

All secondary teachers shall be entitled to a duty-free, uninterrupted lunch period of at least thirty (30) minutes. All elementary and elementary special area teachers shall be entitled to a duty-free, uninterrupted lunch period of not less than forty (40) minutes.

D. Parent-Teacher Conferences:

When parent-teacher conferences are held in the evening, teachers who are scheduled for these evening conferences shall be given equivalent released time from the normal working hours. These conferences shall not occur more than two (2) evenings in any one semester.

E. Staff Meetings:

Building staff meetings, departmental, professional development, and/or grade-level meetings shall require the attendance of teachers and may be scheduled outside the regular school day. One staff/department/grade level meeting shall be scheduled each month. Up to five additional meetings may be scheduled during the school year as necessary. The meetings shall not exceed one hour in length.

Up to twelve (12) hours of professional development/school improvement meetings shall be scheduled per year. The meetings may be scheduled in one or two hour blocks of time. No more than two hours may be scheduled in one month.

The above meetings shall not be held in the same week that all staff in that building are required to return for evening parent-teacher conferences or open house.

A calendar of meeting dates will be published thirty (30) days prior to the month of the meetings. Meetings shall be scheduled on Tuesdays.

ARTICLE V

TEACHING ASSIGNMENTS AND CONDITIONS

A. Major and Minor Assignments:

Teachers will be assigned in their majors, minors or within the scope of their state certifications. In cases of a teacher being assigned to his/her minor, this shall be done at least two (2) weeks prior to the beginning of the school year when the assignment is for the ensuing year or when the Superintendent or designee has informed the teacher and the Federation President that the need for the teacher to teach his/her minor could not be foreseen.

B. Reassignments:

Each year, prior to March 1, elementary teachers who desire a change in grade and/or subject assignment within the building for the ensuing school year commencing the following September, shall file a written statement of such desire with the Superintendent or designee. Such statement shall include the grade and/or subject assignment to which the teacher desires to be reassigned. Each request will be kept on file and every consideration will be given to honor each request up to the opening day of the new school year.

C. Class Size:

Class size, in both the elementary and secondary schools, varies because of subject matter, special pupil needs or abilities, student population and finances. It is impossible to formulate an ideal class size that would adequately cover all areas.

1. Pupil-Teacher Ratio:

(a) Elementary - The Board shall attempt to maintain an average ratio on a system-wide basis of 30 to 1. When an individual class load reaches 35, the administration shall attempt to reduce this number, with the exception of activity classes such as physical education and music which shall be limited to a maximum of 48.

(1) Kindergarten: When an average of all sections of kindergarten in a given building reaches a ratio of 25 to 1, the administration shall attempt to reduce this number.

(2) First Grade and Second Grade: When the average of all sections of First Grade or Second Grade in a given building reaches a ratio of 31 to 1, the administration shall attempt to reduce this number.

(b) Secondary - The 30 to 1 ratio of the North Central Association shall serve as the guide in secondary schools, with the exception of activity classes such as physical education and typing.

(c) When a class size reaches the limits stated in paragraphs 1 and 2 above, the teacher shall meet with the building principal, the Superintendent or the Superintendent's designee and a representative of the Federation to attempt to reduce the class size. It is realized the above mentioned class size limits and ratios as stated in paragraphs (a) and (b) above may not be attainable.

(d) When Special Education caseloads exceed maximum limits allowed by laws governing Special Education programs, the Board will:

1. Explore all possible remedies before applying for a deviation with the State.

2. Notify the Federation of the decision to apply for a deviation.

3. Provide the affected Special Education teacher ample opportunity to participate in the deviation application process.

4. Provide notification of receipt of deviation to the Federation and a copy of the deviation to the teacher upon receipt.

D. Furniture:

The Board will have in each school building facilities for the use of teachers. Said facilities shall include a desk and chair for the teacher and student desks adequate for the number of students involved. This shall include all teachers who are assigned on a full or part-time basis within a building.

E. Teacher Lavatories:

The Board shall provide lavatory facilities exclusively for adult use and at least one (1) room appropriately furnished, which shall be reserved for use as an employee lounge and lunchroom.

F. Parking:

The Board shall provide parking facilities exclusively for adults and shall provide for the reasonable maintenance of the area.

G. Non-Instructional Duties:

Whenever practicable, the Board shall relieve teachers of non-instructional duties.

H. Preparation Time:

1. All secondary teachers shall be given uninterrupted preparation time of one period in the school day.

2. Preparation time for elementary school teachers shall be as follows:

(a) Elementary planning time for the 2003/2004 school year shall be 200 minutes per week. Special area teachers' preparation time will be scheduled in no less than 20 minute blocks of time.

(b) The Board and the Federation agree that recess shall be a fifteen (15) minute period which allows children a break in the academic instruction and shall occur approximately in the middle of each half-day session. The following conditions shall apply when recess periods are used by teachers:

(1) It is permissible for one (1) teacher to supervise two (2) classes during a recess period. The teacher released as a result of recess shall have a duty-free period during this time.

(2) The fifteen (15) minute recess is from the time a class leaves the classroom until it returns to the classroom. This means that no recess period will exceed fifteen (15) minutes.

(3) Generally speaking, the two classes being supervised by one teacher should be within a two-grade span (i.e., grades 2 to 4).

(4) All classes (K-5) may have a maximum of two recess periods per day.

I. Non-Discrimination:

The provisions of this Agreement and the wages, hours, terms and conditions of employment shall be employed without regard to race, creed, religion, color, national origin, age, sex, marital status, membership in or association with the activities of any legal organization, or, except where based upon a bonafide occupational qualification, handicap. The Board and the Federation pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, color or national origin and to seek to achieve full equality of educational opportunity to all pupils.

J. Open House and Parent-Teacher Conferences:

Teachers shall attend the annual open house and parent-teachers conferences scheduled in their building unless excused by the building principal. All other functions outside the normal school day shall be voluntary.

K. Tools of the Profession:

The Board recognizes that appropriate texts, library reference facilities, maps and globes, laboratory equipment, audio-visual equipment, art supplies, athletic equipment, current periodicals, standard tests and similar materials are the tools of the teaching profession. The Board agrees that within the limits of its financial resources it will keep the