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HILLSBOROUGH CLASSROOM TEACHERS ASSOCIATION
and
SCHOOL BOARD OF HILLSBOROUGH COUNTY
CONTRACT
WHEREAS, both of the parties to this Agreement are desirous of reaching
an amicable understanding with respect to the employer-employee
relationship which exists between them and to enter into an agreement
covering wages, hours, and terms and conditions of employment; and
WHEREAS, it is intended that the following Agreement shall be an
implementation of the provisions of FS 447.100, consistent with the
constitutional authority and responsibility of the School Board of
Hillsborough County and the statutes of the State of Florida and the
amendments thereto and insofar as applicable, the Administrative rules of
the Department of Education 6A and amendments thereof,
NOW THEREFORE, it is mutually agreed as follows:
1 NEGOTIATIONS PROCEDURE
1.1
Parties To The Agreement
1.1.1 This agreement is made and entered into pursuant to the
provisions of negotiation statutes governing public school
teachers, FS 447.100, by and between the School Board of
Hillsborough County herein referred to as the Board, and the
Hillsborough Classroom Teachers Association, herein referred
to as the Association.
1.1.2 The School Board/Association contract shall be the document,
which governs wages and hours, terms and conditions of
employment for employees in the unit. Any policy, procedure,
guideline or administrative directive in conflict with said
contract shall be considered null and void. Faculty handbooks,
county-wide publications and other guides shall conform to the
provisions of the contract.
1.2
Responsibilities Of The Parties
1.2.1 Upon conclusion of negotiations, the respective parties shall
implement the ratification process as outlined under the
applicable provisions of PERC Rule Chapter 38D-20.
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1.2.2 In the event of a declaration of impasse, all applicable
provisions of FS 447 and PERC Rule Chapter 38D-19 shall be
implemented.
1.3
Recognition
1.3.1 The School Board of Hillsborough County (hereinafter referred
to as the Board) hereby recognizes the Hillsborough Classroom
Teachers Association (hereinafter referred to as the
Association) and agrees that the Association shall be the
exclusive bargaining agent for classroom teachers, guidance
counselors, pupil personnel (exceptional child, social workers),
curriculum coordinators, team leaders, department heads,
vocational teachers, occupational specialists, media specialists,
teachers of the homebound, teachers of the migrants, case
workers, diagnosticians, psychologists, ROTC instructors,
hereafter referred to as teachers.
1.3.2 The appropriateness of any new class or division of employees
belonging to the bargaining unit shall be determined jointly by
the Board and the Association. If agreement is not possible, the
matter shall be referred to the Public Employees Relations
Commission.
1.4
Exclusivity
1.4.1 Organization rights pursuant to the provisions of Chapter
447.09 are granted to the certified exclusive bargaining agent,
the Hillsborough Classroom Teachers Association, and such
rights shall not be granted to any other association, union or
employee organization.
2 WORK YEAR AND HOURS
2.1
Work Year
2.1.1 The work year shall be 199 days for ten month teachers, 206
days for ten and one-half month teachers, 216 days for eleven
month teachers, and 253 days for twelve month teachers as
determined by the School Board Calendar.
2.1.2 Teachers assigned to new positions during the regular school
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year may be required to attend additional inservice orientation
sessions. Sessions shall be conducted within the regular
workday.
2.1.3 Teachers shall not be required to attend any meetings away
from the school center on the Teacher Workday as designated
by the official school calendar. This day is specifically set
aside to enable teachers to work on classroom duties.
2.1.4 New or vacant positions contracted for eleven or twelve months
shall be advertised on the district’s web site.
2.1.5 Teachers shall be afforded professional discretion regarding the
use of Professional Study Day. Each teacher shall have the
option to select from in-service meetings within his/her present
area of assignment/certification.
2.1.6 School Social Workers and Student Services Personnel shall be
provided specialized in-service training on any designated
Professional Study Day.
2.1.7 In addition to regular Pre-K training and in-service, Pre-K
teachers shall be afforded the same opportunities as regular
classroom teachers to attend in-service training on Professional
Study Day.
2.1.8 Teachers shall be granted the right to utilize flexible working
hours on non-student days, other than Professional Study Day,
with the approval of the site administrator.
2.1.9 The District shall establish two early release days. These days
will be assigned to the last day of the third nine weeks, and the
last day of the school year. Early release days shall be
designated as teacher work time. The scheduling of early
release days may be changed upon consultation agreement
between the School District of Hillsborough County and the
Hillsborough Classroom Teachers Association.
2.2
Vacations For Twelve-Month Teachers
2.2.1 All twelve-month teachers with up to five years continuous
service will be entitled to thirteen days annual vacation;
teachers with five to ten years continuous service shall be
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eligible for 16.25 days vacation annually; teachers who have
ten or more years of continuous service shall be eligible for
19.5 days vacation annually. Vacation leave is cumulative, not
to exceed eighty (80) days. Accrued vacation will be paid out
at the time of termination in accordance with normal payroll
schedules and subject to the payout limitations under state
statutes.
2.2.2 Employee vacation requests shall be granted whenever
possible. Vacations shall normally be taken during the summer
months and on non-student days during the regular school year.
2.3
Holidays
2.3.1 The school holidays and the school year shall be determined by
the Board when it adopts the annual school calendar and shall
be named in the calendar. If emergency holidays are granted,
the time missed must be made up by reduction of time
designated as “vacation” on the annual calendar.
2.3.2 The Board shall grant to all teachers working less than twelve
months six paid holidays each school year.
2.3.3 Teachers must be working or be on paid leave or illness beyond
accrued sick leave for less than thirty (30) working days to
receive paid holidays. Teachers cannot begin employment nor
return from extended leave on a paid holiday. If teachers resign
(except for retirement) on a non-work day, the effective date of
resignation will be at the end of their last work day.
2.4
Duty Hours
2.4.1 The duty day for teachers shall be eight hours
The normal hourly duty day for eight hour teachers shall be
followed during pre-planning, post-planning and teacher
workday. On the fall Professional Study Day and conference
nights, the length of day for eight hour teachers shall be six
hours, including one hour for lunch.
2.4.2 Compensation on the basic salary schedule shall be based on
eight hours of scheduled time. The Association and Board
agree to develop criteria for the payment of supplemental
salaries for teachers over and above the amount reflected in the
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contracted, basic salary schedule.
2.4.3 Teaching time in secondary schools shall be a maximum of 300
minutes per day. This should include classes in not more than
two subject areas nor more than three teacher preparations
except in cases where unusual circumstances require exception.
Such exceptions must be approved by the appropriate assistant
superintendent after the Association has been advised of the
unusual circumstance.
2.4.4 An accounting procedure related to teachers reporting for work
shall be developed and implemented by Department Heads,
Team Leaders or Grade Chairmen working in conjunction with
their teachers. Such procedure shall be submitted to the
building administrator for approval prior to implementation, but
will not be used for payroll calculations.
2.5
Teaching An Additional Period For Compensation
2.5.1 Current teachers may be employed, on a voluntary basis, to
teach an additional period when the need exists.
2.5.2 When the need exists teachers presently employed full-time
may be employed for an additional period provided that their
regular day is extended by the equivalent of one period.
2.5.3 Each school shall secure a list of all teachers in the school who
desire to teach an extra paid period.
2.5.4 When a department needs an additional class taught, certified
teachers outside of the department may teach the additional
class only if no one in the department is available.
2.5.5 Teachers teaching an additional period shall be compensated
for an extra hour per day based on their regular hourly rate.
2.5.6 Teachers teaching an additional period shall receive pay while
on professional duty elsewhere.
2.6
Length Of Day For Administrative Resource Teachers
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2.6.1 District Administrative Resource Teachers are to be on duty for
eight hours and forty-five minutes daily, including lunch.
School-based Administrative Resource Teachers are to be on
duty eight hours, including lunch.
2.7
Planning And Lunch Periods
2.7.1 Teachers shall have planning time during which they will not
be responsible for students, attendance at faculty meetings, or
be assigned to other duties except for emergencies. The school
office shall maintain a duty roster available for teacher
examination, to ascertain the equity of emergency assignments.
2.7.2 Secondary teachers (6-12) in schools with planning periods of
55 minutes or less shall have no duty assignments during their
planning period.
Secondary teachers (6-12) in schools with planning periods of
at least 60 minutes shall have a scheduled planning period of at
least one full period during half the school year. During one
half of the school year, their planning period may be shortened
to forty-five consecutive minutes in order to complete duty
assignments, as may be necessary to ensure student safety.
Such duty assignments shall be posted. (Exceptions may be
necessary during lunch period supervision if other alternatives
have been exhausted.)
In secondary schools (6-12) where the schedule permits a 50
minute lunch period, teachers may be assigned a maximum of
15 minutes duty for student supervision for half the school year
during lunch or a comparable duty assignment within the regular
teacher day except those times set aside specifically for teacher
planning. (See contract section 2.7.1, 2.7.3)
2.7.3 Secondary teachers in schools with seven student instructional
periods shall have a scheduled planning period of at least one
full period per day.
2.7.4 Planning time for Middle school teachers, working on teams,
shall normally be scheduled to accommodate team planning.
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2.7.5 Elementary teachers, K-5, shall be provided with a weekly
minimum of two and one-half hours of planning time within the
student day (equivalent to thirty minutes per day). Elementary
teachers’ planning time shall take place before or after the
student day and during the day when students are with special
services teachers or in the case of kindergarten teachers when
an aide is present.
2.7.6 Whenever possible, elementary teachers shall not be required to
teach more than three hours without a break.
2.7.7 It is normal for teachers to be in their work area during their
planning period. However, they shall not be restricted to their
room or work area during the entire planning period.
2.7.8 Each teacher shall be provided a minimum of thirty minutes for
a duty-free lunch period.
2.7.9 In addition to the time specified for planning and lunch,
Department Heads shall be provided with a minimum of one
full period per day of non-student contact time.
2.7.10 Secondary homeroom assignments shall be distributed fairly.
2.7.11 Teachers shall not be assigned office duties except as voluntary
duty or in case of emergency.
2.8
Schedule Notification
2.8.1 Teachers shall be notified of their tentative program schedule,
including planning period (senior high), or grade level
assignment for the ensuing year prior to the initial spring
transfer period. In addition, they will be notified of any
changes in their tentative program, schedule, or grade level
assignment for the ensuing year, including the schools to which
they will be assigned, as soon as practicable. No teacher shall
be transferred from a non-classroom position requiring specific
certification or license to a classroom without the consent of the
teacher.
2.8.2 Teacher schedules shall be made without regard to age, race,
creed, color, national origin, gender, marital status, or
membership in any teacher organization. Qualifications and
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experience levels of teachers will be given consideration in
terms of school, schedule, program, or grade level assignment.
Normally, no more than four (4) consecutive classes shall be
assigned to special services teachers.
2.8.3 A faculty shall be given at least three days’ notice before a
change is made in a school’s class or bell schedule except in
emergency cases. A change in a school’s class or bell schedule
shall accommodate a teacher’s right to have duty-free lunch and
guaranteed planning during the normal student day. Any
exceptions shall be submitted to the appropriate Area Director
for approval who shall then notify the Association.
2.9
Student Services
2.9.1 Student Services personnel shall normally be assigned to no
more than three school sites.
2.9.2 Student Services personnel shall not be subject to quotas
regarding assessments or reports.
2.9.3 Student Services personnel shall be offered extended year and
day contracts and supplemented services contracts appropriate
to the district needs prior to the district contracting out.
2.10
Schedules For Multi-School Teachers And Certificated
Support Personnel
2.10.1 In arranging schedules for personnel who are assigned to more
than one school, an effort shall be made to limit the amount of
interschool travel. Such personnel shall be notified of any
change in their schedules by June 1st of each year. Any
exception to this must be approved by the appropriate Assistant
Superintendent. Personnel shall have their schedules arranged
so that on paydays they are assigned to their respective home
schools.
2.10.2 Teachers with multi-school assignments shall be assigned extra
duties as would be appropriate to any other faculty member on
a pro-rata basis.
2.10.3 A multi-school teacher or certificated support personnel’s
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geographical area of assignment shall be considered permanent
for a school year. Personnel may be transferred
administratively as contained in Section 11.3. If a program is
to be increased or decreased during the year, geographical area
changes may be made.
2.10.4 When a teaching vacancy exists for a cluster assignment,
personnel within the department may apply for a transfer to
such vacancy.
2.11
Job Sharing
2.11.1 Purpose Of The Program
The Hillsborough County Job Sharing Program is intended to
assist in recruiting and maintaining qualified teachers in the
district.
2.11.2 Eligibility Criteria
A. A teacher returning from maternity, adoption, family care,
or medical leave.
B. A teacher anticipating retirement within one year of the
year for which he/she applies for consideration for this
program.
C. A teacher seeking certification in a critical shortage area.
D. A retiree from Hillsborough County Schools who has
satisfied the statutory time limitations necessary for full
employment.
E. A teacher desiring a temporary half-time position for
maternity, adoption, family care, personal, or medical
reasons.
2.11.3 Conditions of Employment for Job Sharing Candidates
The conditions of employment for participation in the Job
Sharing Program shall be as follows:
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A. The period of assignment shall be half of the scheduled
hours per day for an aggregate of half of the work week.
Any deviation from this schedule must be approved in
advance by the Division of Human Resources.
B. The schedule of duties and assignment shall be made at the
building level by the principal, consistent with the
certification and experience of the teacher.
C. A job sharing participant shall be eligible to work a
minimum of 4 hours or three (3) periods of instruction.
D. The teacher must be fully certificated to teach in the area in
which he/she is to be considered for placement.
E. A candidate must indicate his/her interest in participation
in the program by July 15 of the fiscal year for
consideration. Application shall be made on forms
available through the Division of Human Resources.
F. A teacher may participate in the Job Sharing Program upon
recommendation of the principal. The teacher must
reapply and be approved by the Board each year.
G. Teachers on job share will not be granted long-term leaves,
except for unforeseen medical emergencies.
H. Job share teachers would substitute for absent partner
when possible and receive a half day of substitute pay for
the additional service.
I. The job sharing applicants are responsible for finding their
own partners. If either partner leaves the job share, then
the job share is dissolved and the remaining partner must
assume full responsibility of that position.
J. In the event of retirement or death of a job share
participant, the terminal pay shall be computed as a full
share equivalent.
K. The school that loses a job share partner will hold that
teacher’s position for two years. At the inception of a
third year of job share, that partner shall be placed in the
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district level pool for placement upon return to full-time.
2.11.4 Computation of Salary for Job Sharing Participants
The period of service for purposes of this program shall be 199
days. Payment and benefits for this period of employment shall
be computed as follows:
A. Payment shall equal 50 percent of the individual’s salary
based on degree and experience for 188 days and 100
percent of the individual’s salary for 11 non-pupil days.
B. In addition to the above salary amounts, the teacher shall
also receive:
1. Sick leave computed at the rate of one-half day per
month for each month worked.
2. Five (5) half-days of personal leave charged to
accumulated sick leave per year.
C. One job share teacher may elect Board-provided single
employee coverage, subject to the Board’s cap on
contributions, while the other job share teacher must elect
to forego Board-provided single employee medical
coverage. (Note: An employee who is not eligible for
Board-provided single employee medical coverage is also
not eligible for dependent medical coverage.) Applicants
may choose to split the cost of the Board-sponsored single
employee premium. If this option is elected, the premium
for each job share teacher shall be one-half of the job share
teacher’s single employee medical coverage. This option
may not be changed during the school year.
D. Non-optional employee benefits (Social Security,
Medicare, Retirement, workers’ compensation,
unemployment compensation and life insurance) shall be
based upon the reduced salary. Negotiated time off
benefits (sick leave, vacation, paid holidays) will accrue
on a pro rata (50 percent) basis, based upon the reduced
salary.
E. Assignments will constitute, for salary purposes, more than
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one-half of the school year thus entitling the teacher to one
year of service on the salary schedule (it should be noted
that years of service in this program shall not satisfy the
three year requirements for tenure).
2.11.5
Notification of Applicants
Upon receipt of the names of those selected, each teacher will
be assigned and given a notice of employment outlining the
period of service and the salary as defined above.
2.12
School Choice
2.12.1 Teachers shall be permitted to enroll or transfer their children,
or children for whom they are legally responsible, in a school
of their choice, space permitting. This will not exempt them
from existing eligibility requirements. Teachers may enroll
their children in the school in which they teach in any program
which does not require special application process. Teachers’
children will be given priority status for all programs in the
teacher’s school that do require a special application process.
2.13
Dress Code
2.13.1 The School Board and the Association agree that although there
is no official dress code for teachers, teachers are to be
professional in their dress and personal grooming.
3 TEACHER RIGHTS AND RESPONSIBILITIES
3.1
Accountability
3.1.1 School Improvement Plan waivers shall be considered part and
parcel to the collective bargaining agreement.
3.1.2 Faculties shall be afforded maximum flexibility for purposes of
implementation.
3.1.3 All SAC waiver proposals at a site shall be approved by secret
ballot vote and monitored by a CTA Association
Representative.
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3.2 Lesson Plans
3.2.1 The principal or his designee may request teachers to submit a
copy of their lesson plans or outlines used for the teaching
week at the end of the last day of that teaching week. The
principal may request the copies at the end of a particular unit.
Teachers shall use the county elementary lesson plan or
secondary lesson plan outline format. The teacher’s plans are
to be used as a guide in order to fulfill the county’s
instructional objectives and to assist the teacher in conducting a
planned instructional program. Current lesson plans shall be
available in the classroom for inspection at all times. Teachers
shall not be routinely required to submit a copy of their lesson
plans or outlines to the site administrator.
3.2.2 In the event a teacher is absent, it shall be the teacher’s
responsibility to have lesson plans at the school prior to the
start of the pupil day to cover the period of absence not to
exceed the balance of the week in which the absence occurred.
3.2.3 If the principal or his designee, through documented classroom
observation, determines that a teacher is having difficulty with
classroom instruction or is not meeting instructional objectives,
the principal, as part of a professional improvement program,
shall hold a conference with the teacher having difficulty. The
principal, as part of this professional improvement program,
may require lesson plans to be turned in at the start of each
week during this period by written memo stating deficiencies
and suggestions for improvement.
3.2.4 Unit members assigned to assist in the development of
Individual Educational Plans (IEP’s) shall be released from
other non-classroom assignments for that purpose.
3.2.5 Unit members whose duties would be impacted by an
Individual Educational Plan shall be provided with opportunity
to serve on the team responsible for developing, reviewing,
and/or revising such program.
3.3
Parent Conference Day
3.3.1 Parent conferences shall be scheduled after school and at night.
This time shall not exceed five hours and shall be in lieu of
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work time on the scheduled parent conference day. The school
parent conference day will be a paid holiday if parent
conferences are held as scheduled in this item.
3.3.2 If a teacher cannot comply with the afternoon or evening
schedule for parent conferences, the teacher shall inform the
administrator, and notify the parents of his/her students. The
teacher and the administrator will attempt to identify an
alternative time for the scheduling of these conferences which
is mutually agreeable to both parties. In the event a mutually
agreeable time is not available, the teacher shall report to work
on the day that is designated as parent conference day on the
Payroll Schedule.
3.3.3 Schools shall not schedule conference nights or open house on
the second Thursday of any month except in a case of
emergency. The exception must be approved by the Assistant
Superintendent for Administration.
3.4
Duties For Student Safety and Class Coverage
3.4.1 The principal or his designee may assign duties necessary for
the safety of students, within or beyond the workday. These
duties shall be distributed equitably and posted.
3.4.2 Direction of vehicular traffic shall be voluntary.
3.4.3 Every effort will be made to secure a substitute teacher for one
who is absent. When a substitute teacher is not available for an
absent teacher, resource teachers may be assigned to cover for
the absent teacher, other non-classroom instructional personnel
may be assigned to cover for the absent teacher or a content
appropriate teacher may be assigned to absorb students into
his/her classroom to cover for the absent teacher. A rotation
schedule of all teachers on the faculty will be developed and
distributed to implement this plan. Except in an emergency, no
resource or non-classroom personnel shall be assigned to
substitute more than once a week. Resource and non-classroom
personnel assigned to substitute shall earn 2 hours
compensatory time for each day assigned, up to 8 hours per
month.
3.4.4 Elementary and Secondary teachers who absorb students from
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an absent teacher’s class will be granted compensatory time.
Elementary teachers who absorb students for a full day from an
absent teacher’s class will be granted two hours of
compensatory time. Secondary teachers who absorb students
for one period are granted one hour of compensatory time.
Secondary teachers who absorb students for more than one
period will receive a maximum of two hours. Compensatory
time shall be taken as described in 3.5.1 with the exception that
time may be used on faculty meeting day if no pre-notified
faculty meeting is scheduled.
3.4.5 In an event that it is necessary to assign a teacher substitute
duties during their planning period, the teacher may choose to
be compensated either by compensatory time or a rate of pay to
be negotiated. The rate of pay shall be no less than the highest
hourly rate for a substitute teacher. These involuntary
assignments shall be made on a rotating basis to include all
instructional faculties. Schools may elect to rotate within
departments except in those departments with fewer than 10
members. Small departments shall be joined together for
purposes of involuntary substitute assignments. When no
substitute is available for special services teachers (i.e., music,
P.E. art), elementary teachers losing planning time within the
day shall be compensated for the amount of planning time lost.
3.5
Compensatory Time
3.5.1 Administrators shall grant compensatory time for duties
assigned beyond the normal work day, and the compensatory
time need not be used immediately. Teachers shall notify the
site office in advance of utilization of said compensatory time.
However, such compensatory time shall not encroach upon
instructional time. When the request for utilization interferes or
conflicts with a planned activity, the administrator shall have
the right of approval.
3.5.2 Contractually approved compensatory time shall be granted for
duties for student safety and class coverage as described in
section 3.4 and for voluntary participation in a school’s open
house as described in section 3.6.
3.5.3 Accumulated compensatory time shall carry over from year to
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year at the school where earned. Contractually approved
compensatory time shall transfer with the individual to any
position covered under the teacher contract at any work site.
3.6
Voluntary Activities
3.6.1 Activities beyond the workday such as club sponsorships,
private parent organization meetings, dances, and athletic
events shall be voluntary on the part of the teacher.
3.6.2 Faculty attendance at each school’s annual open house is
voluntary; however the parties recognize the importance of this
activity to the school community. Therefore, teachers who
attend open house will be granted two hours of compensatory
time.
3.6.3 Participation on school-based committees shall be voluntary
when possible. If involuntary committee assignments become
necessary, those assignments shall be equitably distributed.
Committee meetings should occur on regularly assigned
meeting dates when possible.
3.7
Faculty Meetings And Professional Development
3.7.1 Faculty meetings and inservice education programs shall be no
longer than a total of twenty-five (25) minutes per week beyond
the normal workday, except for school accreditation. No more
than one faculty meeting per week shall occur on time beyond
the normal workday.
3.7.2 Except for Tuesdays, all elementary teachers shall have a
scheduled block of at least thirty five (35) minutes planning
period per day before or after the student day in addition to the
guaranteed planning time afforded all teachers by moving to an
eight hour work day.
3.7.3 Tuesdays may be used for necessary school related meetings,
including but not limited to, principal called faculty, building
committee, and grade level meetings. This day may be extended
by 25 minutes beyond the work day and is set aside specifically
for all necessary meetings to help insure guaranteed personal
planning time for teachers on the remaining days of the work
week. This language is not intended to prohibit teachers from
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collaborating with colleagues on an informal basis. In addition
to the Tuesday meetings, the principal shall have the right to call
one additional faculty / grade level meeting per month for any
given teacher. On election days in Hillsborough County, no
faculty or other school related meetings shall be held beyond the
normal workday.
3.7.4 Teachers shall normally be provided with a minimum of one
workday advance notice for all after school meetings provided
for in Section 3.7.1. and 3.7.3.
3.7.5 A teacher shall be exempt from inservice participation if he/she
is able to show proof of recent satisfactory training in the area
the inservice is to cover.
3.7.6 If the principal or his designee, through documented classroom
observations, determines that a teacher is having difficulty with
classroom instruction or management, an individual teacher
may be required to participate in an inservice program not
conducted for the general faculty.
3.7.7 Afternoon faculty and inservice meetings shall begin within ten
(10) minutes after student dismissal.
3.7.8 Half-day teachers and teachers whose normal workday ends
before the majority of the faculty shall not be routinely required
to stay or return after their regular workday for faculty
meetings.
3.7.9 Teachers shall not be required to attend meetings away from
the school center during pre- and post-planning with the
exception of the designated Professional Study/Training Days
which occur during pre-planning. These days are specifically
set aside to enable teachers to work on classroom duties and
functions. Teachers shall be guaranteed time equivalent to 3
work days (21 hours excluding lunch) during pre-planning to
work in their rooms or other areas as needed to prepare for the
instructional year. Teachers shall be notified two days in
advance of any tentatively scheduled in-school meetings. Such
meetings shall be kept to a minimum.
3.7.10 There shall be a written evaluation of all workshops and/or
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inservice programs at the end of such programs by teachers
attending. A summary of such evaluation shall be forwarded to
the appropriate General Director and available to the
Association.
3.7.11 Staff at MSC schools shall be offered inservice opportunities
equivalent to those offered to staff on traditional calendars
including the summer inservice institutes.
3.8
Supplementary Materials
3.8.1 Teachers shall have the right to exercise their professional
option in the utilization of Board approved materials available
within their respective disciplines to supplement state and
county adopted texts and programs.
3.8.2 Teachers are to adhere to curriculum guidelines and the county
copyright policy in utilizing all support AV materials.
3.9
Special Service Classes
3.9.1 The regular teacher at the elementary level will not be required
to remain with the students during the instructional time
provided by the special service teacher.
3.9.2 Elementary classroom teachers may teach physical education
outside the classroom on a voluntary basis.
3.10
Student Direction And Evaluation
3.10.1 Teachers will have the specific responsibility to direct and
evaluate the learning experience of students according to
county prescribed courses of study. Teachers shall not be
required to administer make-up work for credit for students
who have unexcused absences.
3.11
Privacy Of Discussion
3.11.1 When individual problems occur between administrators and
teachers, discussions relating to these problems shall be dealt
with in private.
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Teachers shall not be publicly reprimanded.
3.12
School Property
3.12.1 Teachers shall be accountable, but not financially responsible
for school property lost, stolen or damaged on school premises
when school policy and procedures have been followed.
3.13
Report Cards And Student Records
3.13.1 Teachers shall be required to issue grades to students who enter
after the start of a grading period according to the following
procedures:
A. A student entering a school with transfer grades shall have
the transfer grades averaged with work completed in the
class to arrive at a report card grade.
B. A student arriving at a school without transfer grades shall
have the grading procedures specified at the entry
interview. These procedures shall be forwarded in writing
to the receiving teachers with the student’s schedule.
3.13.2 Elementary teachers shall not be required to review or check
student cumulative folders of students for which the teacher
will have no instructional responsibility.
3.14
Grading Materials
3.14.1 Teachers shall be given all automated grading materials prior to
the morning of the day the grading period ends. Teachers shall
be given at least four (4) full workdays to complete the
automated grading materials after the day the grading period
ends. Grades, report cards and/or data processing materials
shall be submitted to their school office on the morning of the
fifth workday, except when that day coincides with the fall
Professional Study Day, and then it shall be the morning of the
sixth workday. Grades, report cards and/or data processing
materials for the final grading period shall be submitted by
noon on the last workday for teachers.
3.14.2 Teachers may be required to provide parents with interim
grades (progress reports) or scholarship warnings according to
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specific SAC waivers or county procedures.
3.15
Student Schedule Changes
3.15.1 Schedule changes for students shall not be routinely approved.
All recommended schedule changes shall be reviewed by the
affected teacher(s), counselor(s), and administrator to determine
the validity of such proposed changes.
3.16
Student Placement
3.16.1 The referring teacher shall be invited to participate in any
conference involving a change in elementary student placement
within the school. Normally, such conferences shall be
scheduled to begin within the teacher workday.
3.16.2 Least Restrictive Environment (LRE) students shall be
equitably distributed whenever possible.
3.16.3 Advanced notification shall take place prior to implementation
of a least restrictive environment program. Appropriate in-
service training shall begin as soon as possible.
3.16.4 Teacher input shall be considered prior to an administrative
decision to retain or not retain a student.
3.16.5 New students enrolling in a school shall normally be assigned
to the teacher(s) with the lowest student class load.
3.16.6 The District shall not assign an individual with exceptional
needs to an exceptional education class until previous
placement has been verified.
3.17
Field Trips
3.17.1 All field trips must be approved by the building principal prior
to any arrangements being made.
3.17.2 In order to keep maximum supervision and instruction in the
schools, only the sponsoring teacher(s) whose class is attending
a field trip may accompany his/her students. Teachers
unrelated to the field trip shall not go along on said trip as
chaperons, and the sponsoring teacher is responsible for making
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arrangements for necessary chaperons among parents of the
students who are involved on a one adult to fifteen students
ratio. Classes missed by the sponsoring teacher(s) will be
assigned by the administrative staff to other teachers with three
days’ advance notice.
3.17.3 Transportation and entrance fees will be collected and receipted
by the teacher scheduling the field trip.
3.17.4 Substitutes shall be provided for teacher sponsors who take
field trips of a day or more duration when the field trips are on
the school system approved list or are a scheduled activity by
Florida High School Activities Association.
3.17.5 An approved field trip list will be maintained by the appropriate
General Director.
3.17.6 Teachers shall be granted compensatory time when duty-free
lunch is missed because of a district or school required field
trip.
3.17.7 Any student who has documented unsatisfactory behavior may
be excluded by a teacher on a field trip. Teachers shall consult
with the site administrator in advance of the field trip if a
student is recommended for exclusion.
3.18
Collection Of Money
3.18.1 Teachers shall not be required to promote, merchandise or
collect money for any activity which is profit motivated on
behalf of the school. Teachers shall collect fee money during
School opening registration and field trips as mentioned in
3.17.3.
3.18.2 Teachers shall not be required to collect lunchroom money.
3.18.3 Contributions to any charity, project or function shall be
voluntary. Solicitation activities shall be kept to a minimum.
3.19
Student Interns And Observers
3.19.1 Interns shall be assigned within the General Administrative
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Areas of the county to approximate the proportion that exists
between the numbers of teachers in those areas.
3.19.2 Student interns shall be assigned to non-probationary teachers
except for special programs approved in advance by the
appropriate Assistant Superintendent. A copy of the form
submitted requesting exceptions shall be filed with the
appropriate Assistant Superintendent and be available to the
Association.
3.19.3 Assignment of pre-teacher students to directing teachers shall
be conducted in a fair and equitable manner which is mutually
satisfactory to the principal and to the directing teacher.
3.19.4 In working with pre-teacher students, it is understood by the
school system and the teaching profession that the rights of the
system and the teachers shall be considered in the placement of
such students for the purpose of interning or observing.
3.20
Teacher Aides
3.20.1 Teacher aides will be under the direction of the principal or
his/her designee. Aides assigned to teachers are to be utilized
and supervised by the teacher to whom the aide is assigned.
Aides are not to be routinely used to perform services for the
school’s administrative office.
3.20.2 Substitute aides shall be provided when the aide under contract
is absent in the early childhood program provided federal funds
are available.
3.20.3 When a kindergarten aide is absent, the administrator shall
institute an emergency plan to assist the kindergarten teacher,
in carrying out the curriculum, providing for the safety of
students and providing the teacher with planning and lunch
time as specified in Section 2.7.
3.20.4 Anytime an aide is reassigned to duties other than the
supervising teacher, said teacher shall be informed of the
reassignment, length of time and reason.
3.21
Athletic Pep Rallies
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3.21.1 Athletic pep rallies in secondary schools shall be held at the end
of the student day. (Participation in state playoffs may be an
exception.)
3.22
Student Health Exams
3.22.1 Teachers shall not be required to weigh or measure children,
give eye examinations or perform any other student health
checks or exams.
3.23
Acting Principal
3.23.1 If a classroom teacher is placed in charge of a building during
the absence of the administrator from the building, the teacher
will remain in the classroom unless an emergency requires him
to go to the office. The special area teacher will temporarily
take the teacher’s place in the classroom until the teacher is
able to return if at all possible. However, if the principal is
expected to be absent for five days or longer, a substitute shall
be hired to teach the classes of the Acting Principal.
3.23.2 It is recommended that when possible a teacher who is
requested to substitute for an administrator in his absence hold
certification in administration, education leadership, and/or
supervision and that the teacher shall have shown an interest
and willingness to accept the responsibility.
3.23.3 The acting principal shall have the authority to make decisions
in dealing with problems which might occur during the absence
of the school administrator.
3.24
Transportation
3.24.1 All personnel who are required to travel in the discharge of
their duties shall be responsible for securing transportation.
3.24.2 Teachers who transport students as an extension of their normal
work activities shall, pursuant to accepted Board policy, be
covered by the Board’s liability insurance policy.
3.24.3 Teachers authorized for reimbursement by the Finance
Department for in-county travel as part of their regular duty
shall be paid mileage at the rate approved by the School Board.
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3.25
Acceptance Of Gifts
3.25.1 Teachers shall not personally profit as a direct result of any
company or individual engaged in business with the School
Board.
4 STUDENT MANAGEMENT AND PROTECTION OF
TEACHERS
4.1
Legal Aid And Liability Insurance
4.1.1 The Board will retain independent legal counsel for any teacher
sued in court wherein such conduct was reasonable in carrying
out his duties in accordance with the policy of the Board, the
rules and regulations of the State Department of Education, and
the laws of the State of Florida.
4.1.2 The Board shall maintain a liability policy for teachers while
carrying out their duties and responsibilities with the exclusion
of corporal punishment.
4.2
Teacher Physical Assault
4.2.1 Any teacher who has suffered an assault in connection with
his/her employment shall immediately make a written report,
within seventy-two hours, of the circumstances thereof to
his/her administrator in triplicate on the appropriate form. The
administrator must verify the facts connected with the assault
including names of those involved and submit the original
report of assault to the Assistant Superintendent for
Administration and Operations, and send a copy of the report to
Risk Management within seventy-two hours of the event being
reported. A copy of the assault report shall be retained by the
principal, and a copy furnished the individual assaulted.
4.2.2 In addition, a teacher who has suffered an assault may be
requested to submit supplemental written reports.
4.2.3 School Security shall investigate any reported teacher assault
and make a full report, within three workdays to the Office of
Risk Management. Such reports shall be available to the
Association and the individual who suffered the assault.
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4.2.4 A student accused of assault and/or battery upon a school
employee shall be immediately removed from the classroom
setting and placed in an alternative school setting pending
disposition of the allegation.
4.2.5 Confirmation of assault and/or battery upon a school employee
shall result in said student being expelled and placed in an
alternative school setting for at least one year.
4.3
Safety Of Students And Teachers
4.3.1 Teachers shall not be required to serve as security personnel
during a period of civil disobedience, bomb threats, or assaults
on students or teachers by trespassers. Teachers will make a
reasonable effort to see that their students are protected while
under their supervision. A teacher shall perform a visual
inspection of his or her classroom for suspicious objects as a
result of a bomb threat. Teachers may volunteer to serve on
search teams after appropriate training.
4.3.2 Each teacher at any school shall assume such authority for the
reasonable control of pupils as may be assigned to him/her by
the administrator and shall keep good order in the classroom
and in other places in which he/she is assigned to be in charge
of students.
4.3.3 The school administrator shall ensure the safety of the students
and faculty.
4.3.4 Corporal punishment shall be administered only by the
principal of the school or a person within the school designated
by the principal (example: Assistant Principal for Student
Affairs).
4.3.5 A teacher may send a student to the office to maintain effective
discipline in the classroom. The teacher shall provide the
administration with all necessary information concerning the
student’s behavior and previous action taken by the teacher.
Student referral forms shall include space where a teacher can
provide input and/or submit recommendations regarding
disciplinary action.
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4.3.6 The principal or the principal's designee shall consider the
recommendation for discipline made by a teacher, or another
member of the instructional staff, when making a decision
regarding student referral for discipline. Disciplinary action for
student misbehavior shall be consistent county wide in
accordance with the Code of Student Conduct as described in
the Student Handbook.
4.3.7 Teachers shall normally receive a written report on the county
referral form of action taken within three (3) workdays after a
student is referred to the administration for disciplinary action.
If the report is not issued, the responsible administrator shall
inform the teacher as to the reason(s) why.
4.3.8 A teacher may have a student removed from class who has been
documented by the teacher to have repeatedly interfered with
the teacher's ability to teach, or may immediately remove a
student whose behavior the teacher determines is so unruly,
disruptive, or abusive that it seriously interferes with the
teacher's ability to communicate effectively or with the ability
of the student's classmates to learn.
4.3.9 The principal may not return the student to that teacher's class
without the teacher's consent unless the Placement Review
Committee determines that such placement is the best or only
available alternative.
4.3.10 The teacher and the Placement Review Committee must render
decisions within five (5) workdays of the removal of the
student from the classroom.
4.3.11 The Placement Review Committee membership must include at
least one teacher selected by the faculty, one teacher selected
by the teacher who has removed the student, and one school
staff member selected by the principal. The teacher who
withheld consent to readmitting the student may not serve on
the committee.
4.3.12 A continuous record of student discipline cases shall be
maintained in a place available for staff use.
4.3.13 Teachers shall be informed, when the district is informed, of
any student in his/her classroom involved in serious types of
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offenses. This information is of a confidential nature, protected
by State and Federal acts insuring privacy, and shall be used
only on a "need to know” basis.
4.3.14 Once the student day has begun, no visitors to the school,
including parents, may enter the classroom unannounced.
Parents wishing to observe during the instructional day must
obtain permission from the teacher and the administration in
advance, and make arrangements for a specific time and date.
Interruptions to the instructional day shall be kept to a
minimum. District level Board employees shall notify the
teacher and administration in advance of an official observation
or a classroom visit.
5 TECHNOLOGY
5.1
Status
5.1.1 The School Board will provide to the Association information
about the Administration’s technology strategies and specific
technological initiatives.
5.1.2 The Association will have the opportunity to provide input
during the development of new technologies and application.
5.1.3 The District shall provide C.T.A. with a conference on the
I.D.E.A.S. system for whatever period of time the District
sponsors the I.D.E.A.S. system.
5.1.4 The C.T.A. conference shall be specifically designated for
Association communications, professional issues, legislative
issues, announcements, member inquiries, and other related
Association concerns.
5.1.5 The C.T.A. shall not utilize its designated window for the
purpose of political endorsements or solicitation.
6 COMMITTEES
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6.1 Forms Management Committee
6.1.1 A county-wide standing committee shall be established to
review forms that originate from any office within the school
system to be completed by other divisions, other departments,
principals, teachers, students or parents. The Association shall
name 50 percent of the committee members.
6.1.2 The goal of this committee shall be to recommend the reduction
of as much paperwork as possible.
6.1.3 Teachers shall not be required to fill out forms, checklists, or
data gathering and other documents that do not have an official
School Board number on them. FS 1001.42 (22) requires each
district school board to reduce paperwork and data collection
and reporting requirements.
6.2
Test Committee
6.2.1 A county-wide test writing committee shall be appointed
whenever the school system anticipates developing or revising
a student test for any specific subject area, program, or grade
level.
6.2.2 At least fifty percent of each committee shall be classroom
teachers appointed by the Association.
6.3
Instructional Materials
6.3.1 A county-wide textbook selection committee shall be appointed
whenever a textbook adoption is due or contemplated in any
specific subject area, program or grade level.
6.3.2 A majority of each committee shall be classroom teachers
appointed by the Association.
6.3.3 The committee shall review all available texts in the specific
area in question and submit at least two books for final
selection by all involved teachers.
6.3.4 These two textbooks shall be available in the appropriate work
location in sufficient numbers to allow for teacher review at
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least three weeks prior to a county-wide vote.
6.3.5 Teachers shall select one textbook for county-wide adoption by
secret ballot.
6.3.6 Department heads or team leaders shall be responsible for
tabulating votes at each work location and immediately
notifying the chairman of the appropriate county-wide selection
committee.
6.3.7 This vote shall determine the book to be purchased in any level
or subject area until the next review.
6.3.8 Individual school or department vote on textbook selection
shall be available to the Association on request.
6.4
Calendar Committee
6.4.1 The Assistant Superintendent for Administration shall appoint
a committee annually to prepare school calendars for all school
centers to be recommended to the Board. The committee will
include four teacher representatives selected by the
Association.
6.5
Ad Hoc Committees
6.5.1 County-wide committees established by the Board or
Administration having a direct impact on teachers shall include
teacher representatives appointed by the Association.
6.5.2 A committee consisting of representation from the Association
and the Curriculum and Instruction Division will be established
to determine best practices for class size and teaching
assignments for Elementary P.E., Music and Art. The
committee will also determine best practices regarding
alternative teaching models and co-teaching models.
6.5.3 The Board and the Association agree to establish a committee
to
review alternative salary plans for consideration. This
committee will report to the Superintendent and the Board on
the viability of such plans in lieu of the current step plan.
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6.6 Faculty Steering Committee
6.6.1 The faculty at each work location shall elect a faculty steering
committee that includes teacher representation elected from
each department or grade level, and special services areas. The
principal shall have the authority to appoint additional at large
members. CTA will have a permanent teacher member
representative position on the steering committee. The
committee representative will be selected annually by CTA
members at each site.
6.6.2 The purpose of this committee is to act in an advisory capacity
to the building administrator. The committee shall meet on a
monthly basis to provide faculty input in developing an
administration-faculty team approach to solving problems,
making improvements, and arriving at decisions in areas
affecting the general faculty and/or student body. Minutes
from all Steering Committee meetings shall be published and
distributed.
6.6.3 The principal shall, upon request, provide the Steering
Committee or any individual faculty or staff member with a
printed accounting of the school’s internal accounts.
6.6.4 The faculty steering committee, in addition to its general
advisory function, shall have the specific responsibilities to
assist the building administrator in the following areas:
A. School Budget
The Steering Committee shall assist the principal in
preparing and reviewing the school’s county budget. This
budget shall provide a breakdown of the projected
allocation of funds by departments or grade levels for the
school and be distributed and discussed with the faculty
during pre-planning. Any changes in the budget shall
require review of the Steering Committee, and such
changes will be distributed to the teachers affected.
B. Faculty Account
Each school shall establish a faculty account for monies
generated by the faculty at each school (i.e. vending
machine profits, etc.). The funds in this account may be
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used individually and/or collectively by the school’s
personnel. Approval of the Steering Committee shall be
necessary before these funds are expended.
C. Textbook Utilization
The Steering Committee shall have the responsibility to
assist the principal in implementing county guidelines
regarding textbook utilization in the school.
D. Forms Review
The Steering Committee shall have the responsibility to
review the use of any individual school form to insure
compliance with contract section 6.1.3.
6.7
Assessment Team
6.7.1 The district shall maintain trained school assessment teams with
broad-based teacher representation. The association shall
appoint the teacher members.
6.8
School Community Professional Development Committee
6.8.1 The School District shall create the Staff Development
Coordinating Committee for purposes of implementing Florida
Statutes 1012.98.
6.8.2 Teacher Committee appointees representing regular K-12 grade
levels and subject areas shall be appointed by the C.T.A.
6.8.3 The term of office for each Teacher Committee member shall
be for two years. Committee members may serve two
consecutive terms.
7 FACILITIES
7.1
Facilities
7.1.1 Each school will have the following facilities:
A. Space in each adequately furnished classroom in which
teachers may store instructional materials and supplies.
Itinerant teachers shall be provided space for the storage of
32
their records and materials at each school.
B. An individual work space.
C. Well-lighted and clean teacher restrooms.
D. A workroom for teachers containing equipment and
supplies to aid in the preparation of instructional materials.
E. A furnished room to be used as a faculty lounge. Such
room will be in addition to the aforementioned teacher
workroom.
F. Telephone service available to teachers to conduct school
business which permits privacy of conversation.
G. Space in the parking lot at each school will be reserved for
teacher parking.
H. Every effort should be made to provide Student Services
Personnel a private area (sufficient to accommodate
individual/group counseling), locked file cabinet and
telephone.
I. It shall be the District’s objective to provide teachers
technological tools fundamental to meeting the needs of
the classroom.
J. A teacher required to utilize a classroom assigned to
another teacher during a class period shall be given
uninterrupted use of that classroom unless prior agreement
to allow access is reached.
7.1.2 Consideration shall be given to safety and security of teachers’
cars when assigning teacher parking areas.
7.1.3 Teachers shall be provided with dining space and facilities
apart from students. In those schools where lack of space
prohibits a separate dining room, an area within the student
lunchroom will be established by use of available visual
barriers, such as bookcases, etc. This will not prevent a teacher
from dining with his/her students or at another area (classrooms
excluded) in the school if he/she desires to do so.
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7.1.4 By the last day of pre-planning, furniture and equipment shall
have been placed in the teacher’s assigned class or station.
7.1.5 Supplies and their distribution shall be handled through a
central location and invoices shall be available to teachers upon
request.
7.1.6 A teacher’s right to privacy of his/her mail shall be maintained.
7.1.7 Teachers placing a written order or request for supplies,
equipment or materials with their principal or immediate
supervisor, shall receive a written response to the disposition of
the request within two weeks.
Teacher initiated requests for repairs shall be responded to in a
timely manner. Work orders not completed within two weeks
of the date of origin shall be investigated and responded to by
the employee’s site manager.
7.1.8 Faculty lounges and restrooms shall be off limits to students.
7.1.9 Teachers shall have the right to confiscate cell phones and other
electronic devices used by students in class in violation of
Board policy. Teachers will not be held financially liable for
theft or loss of confiscated items when following school
policy.
8 COMPLAINTS
8.1
Complaints
8.1.1 Whenever a complaint is registered against a teacher without
first going to the teacher involved, it shall be Board policy to
notify the teacher immediately of the complaint. The following
information shall be provided to the teacher:
A. Name of complainant;
B. Description of allegation;
C. Remedy requested, if any.
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The administrator may offer the aggrieved his assistance in
arranging a conference at a date and time acceptable to all
parties.
8.1.2 If the conference does not resolve the problem, the
administrator or his representatives may then become the third
party to the conference.
8.2
Administrative Review
8.2.1 The Association may request an administrative review with the
appropriate Assistant Superintendent through the General
Director of Employee Relations when the Association has a
concern which it feels affects the welfare of the teachers and/or
the system; the use of this procedure does not negate the use of
other remedies in the contract. The time lines contained in the
grievance procedure shall be suspended when administrative
review is used to attempt to solve a problem.
8.3
Sexual Harassment
8.3.1 The School Board will not tolerate sexual harassment at any of
its sites or activities. Sexual harassment is defined as any
physical, verbal and/or graphic sexual advance, request for
sexual favors, and other sexually-oriented conduct, which is
offensive or objectionable to the recipient.
8.3.2 Personnel, at all levels, are responsible for taking corrective
action to prevent harassment at any of the School Board’s sites
or activities.
8.3.3 An individual has the legal right at any time to raise the issue of
sexual harassment with appropriate site and/or district
personnel without fear of reprisal.
8.3.4 Allegations of sexual harassment will be promptly investigated,
giving due regard to the need for confidentiality.
8.3.5 Information relative to the prevention and correction of sexual
harassment will be provided in writing to personnel and
students.
8.3.6 Proven allegations of sexual harassment can have serious
35
consequences for the party deemed guilty, including but not
limited to the following:
A. If the party deemed guilty is a student, the range of
punishment could include verbal and written reprimand,
in-school or out-of-school suspension, change of
placement, and/or expulsion.
B. If the party deemed guilty is a School Board employee, the
range of punishment could include written reprimand,
suspension without pay, and/or termination.
C. If the party deemed guilty is neither a student nor a School
Board employee, appropriate steps will be taken, which
could include limiting the access of this party to School
Board property and any other action deemed necessary.
9 ASSOCIATION RIGHTS
9.1
Exclusivity Of Association Rights
9.1.1 All rights granted in this section (Section 9, Association Rights)
shall apply only to the Hillsborough Classroom Teachers
Association as the exclusive bargaining agent for teachers.
Any such rights or privileges shall not be granted to any other
teacher association, union, group or individual.
9.2
Association Meetings
9.2.1 The Association’s building unit shall be permitted the use of
school buildings without cost for the purpose of conducting
professional meetings. The Association may use school
buildings for the purpose of holding professional meetings
provided that the Association bears the cost of paying
personnel for services rendered.
9.2.2 The Association shall be allowed a maximum of one meeting
per month during the workday as long as the meeting does not
interfere with student contact time. Double session schools
shall be allowed one meeting per session. Such meetings shall
not exceed 60 minutes during the workday. The building unit
shall be allowed one additional meeting during both pre- and
post-planning, neither of which shall exceed 60 minutes. The
36
building representative shall clear the scheduling of such
meetings with the building administrator.
9.3
Bulletin Board Space
9.3.1 The Association shall be provided with bulletin board space in
each school building for the purpose of posting notices and
other related items. Site selection within teacher access areas
shall be the prerogative of the Association Representative.
9.4
School Mail
9.4.1 The Association shall be provided with school mail service.
The Association will have the right to place Association
materials in teachers’ mail boxes. Copies of all generally
distributed materials placed in teachers’ boxes shall normally
be furnished to the principal.
9.4.2 Association materials sent through school mail or U.S. mail
shall be distributed in the same manner as any other piece of
mail.
9.4.3 Qualified student assistants who have been trained may have
access to school mailboxes with adult direction and
supervision.
9.5
Material Distribution
9.5.1 Authorized representatives of the Association will assume
responsibility for posting or distributing material for the
Association.
9.6
Association Announcements
9.6.1 The Association building representative shall have the right to
announce the time, place, and subject of the Association
meetings via available media resources and at meetings.
9.7
Education Practices Commission
9.7.1 The Board shall notify the Association when a teacher’s name
has been submitted to the Education Practices Commission.
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9.8 Association Leave
9.8.1 A maximum of two teachers, during any school year, shall be
allowed to take one full year of professional leave to work for
the Association on a full-time basis. Said leave shall be
renewable. Any person who requests a third year of
professional leave will be assigned to the county pool for
placement. Teachers granted such leave shall remain on the
District’s payroll. The Association shall reimburse the District
for all such payroll costs.
9.9
Payroll Deduction
9.9.1 The Board agrees to deduct from teachers’ salaries an amount
to cover dues for the Association, as the teachers individually
and voluntarily authorize the Board to deduct and to transmit
the amount so authorized to the office of the Association.
Teachers may individually and voluntarily authorize the Board
and the Association to discontinue such deductions with a thirty
day notice.
9.9.2 The Board agrees to provide one payroll deduction per teacher
per pay period for the Association’s economic services
program. The Association agrees to bear the cost that the
establishment and maintenance of the program would entail.
The Association will make available those same insurance
products to any Board employees who request them of the
Association.
9.10
Secret Ballot Votes
9.10.1 When a secret ballot vote on school-wide issues occurs, a duly-
elected Classroom Teachers Association site representative will
observe the ballot count for that site.
9.11
School Board Meetings
9.11.1 The Superintendent shall notify the Association of the date,
place, and hour of all Board meetings and provide the
Association with a complete agenda and supporting data on the
Friday morning prior to all regular meetings. The Association
shall be notified of any incomplete or further anticipated
agenda items. Any materials absent from the package shall be
38
provided to the Association upon release to the School Board.
9.11.2 Completed committee reports sent to the Board shall be
available to the Association. The Association shall have the
right to present its position on said reports prior to the Board’s
action.
9.12
Classroom Teachers Association President
9.12.1 The President of the Association, who is also an employee of
the Board, shall be given full-time duty by the Board different
from his/her normal classroom duties and from his/her normal
location of duty. This duty shall be for the purpose of
performing other educational and related services and for
attending meetings related to said services. This duty shall be
considered by the Board as being equal to classroom teacher
duties.
9.12.2 The individual performing this duty shall continue to be a
continuous employee of the Board for all purposes and shall not
be considered as being on leave when performing this duty.
This duty assignment shall be a regularly established position
of the Board and shall have continuous existence. The
employee shall be compensated at the employee’s same rate of
pay as if he/she was performing full-time classroom teaching.
The Association shall inform the Board of the date of the
President’s term of office.
9.13
Conventions
9.13.1 The Board shall grant the Association members professional
leave for the purpose of attending the Association’s FEA
convention in accordance with the following:
A. Thirty association members, with a limit of two per site,
shall receive two days professional leave for the purpose
of attending the FEA convention.
B. Other delegates of the Association shall be selected on the
basis of one delegate for every twenty-five Association
members and shall receive one day professional leave for
the purpose of attending the FEA convention.
39
C. The Association shall provide a list of delegates to the
Division of Human Resources no later than one week prior
to the professional leave dates.
D. Substitutes shall be provided for convention delegates as
requested by the Association. The Association shall
reimburse the Board for the substitute teachers’ salary.
9.13.2 The Classroom Teachers Association may designate up to five
association members to receive a Leave of Absence in order to
serve as official delegates to the NEA convention in July.
These association members will be allowed a maximum of five
days unpaid leave from the extended year program or 12-month
position. The Association may request additional delegates
which must be approved by the Superintendent.
9.14
Legislative/Professional Days
9.14.1 The Association may request leave for members to engage in
legislative or professional activity up to the cumulative
Association total of sixty (60) days per year. Such leave shall
be granted by the Board and said members will be considered
to be on paid professional leave. The Association will pay
substitute costs. The Association may request additional days
which must be approved by the Superintendent.
9.15
Bargaining Team
9.15.1 Substitutes shall be provided for all members of the
Association’s bargaining team when bargaining sessions occur
during the school day.
9.16
Membership Solicitation
9.16.1 The Association shall have the right to form, organize and
solicit membership as the exclusive bargaining agent certified
to represent all employees within the bargaining unit at any
duty-free time during the school day provided solicitation does
not interfere with the official duties of employees and the
operation of schools. The Association representative shall
notify the building administrator when reporting to a work site.
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10 SENIORITY
10.1
General Procedures
10.1.1 Seniority shall accrue county-wide for each year of continuous
service in Hillsborough County. Continuous service being
defined as the original most recent date of employment to the
present with no break in service.
10.1.2 Seniority shall accrue to all full-time teachers. A teacher
contracted for more than 199 days of service shall not accrue
extra time for seniority.
10.1.3 In the event of a tie in the beginning employment dates,
seniority shall accrue from the date recorded by the placement
supervisor on the Personnel Transaction Authorization form.
10.1.4 The teacher with the most seniority shall have first option to
stay in a position or transfer, with such option extended to all
teachers on a diminishing basis until one elects to transfer or
until such time as the teacher with the least amount of seniority
is required to transfer.
10.1.5 Teachers who have been notified in writing that dismissal
proceedings are contemplated or teachers on fourth year
probation, may not volunteer but shall be transferred if their
seniority requires it.
10.1.6 When a specific issue must be resolved involving teachers with
equal seniority, it will be resolved by an objective lottery in the
presence of the affected parties.
10.1.7 Authorized leaves do not constitute a break in service.
11 TRANSFERS
11.1
General Principles
11.1.1 A transfer is a change in teaching position from one school to
another. A permanent teacher may transfer to a permanent or
temporary position without changing his contract status.
11.1.2 A transfer request may be initiated by a teacher.
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11.1.3 Teachers who have been notified in writing that dismissal
proceedings are contemplated, or teachers on fourth year
probation, may not volunteer but shall be transferred if their
seniority requires it. A transfer will not be granted if the
teacher does not qualify for the existing vacancy. Unless a pool
exists, principals, when filling vacancies, shall reassign
teachers currently out-of-field, unless hired out-of-field, before
considering transfers or new applicants.
11.1.4 Except when a freeze is in effect, teachers are eligible to
transfer at any time during the school year to accept a higher
paying position, to accept a position in a newly created
program, or to accept a position in an existing program when
such program is expanded during the school year. Teachers
may also transfer in-field from an out-of-field assignment,
unless hired out-of-field on an “agreement to earn.” A
qualified replacement should be secured before the transfer is
made; however, no transfer will be delayed more than two
weeks.
11.2
Teacher Transfers
11.2.1 The transfer period shall commence following spring unit
allocation. After unit allocation, hiring of new applicants
cannot take place until the placement of teachers from the pool.
11.2.2 An initial transfer period of at least three weeks in the spring
prior to the end of the regular school year will be established
after units have been allocated in the spring and administrators
have listed their staffing needs with the Division of Human
Resources.
11.2.3 Teachers who are placed in the pool due to unit loss will be
eligible for transfer as all other teachers.
11.2.4 Teachers are eligible to transfer to any vacancy for which they
are certified; however, certification areas in which vacancies
are needed for the pool will be identified and transfers in these
areas may only be made by teachers with the same assignment.
After spring transfer period, transfers will not be allowed to fill
a vacancy in an area where a pool still exists.
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11.2.5 Teachers remaining in the unit loss pool after the initial transfer
period will be placed according to Sections 11.4 and 10 (Unit
Loss Transfers and Seniority). This meeting will occur during
post-planning.
11.2.6 Hiring of new applicants and re-opening of the transfer period
will begin in a specific certification area when there are no
teachers remaining in the pool in that area and the freeze is
lifted.
11.2.7 The transfer period will continue until two weeks prior to the
first day of preplanning for teachers. During this second
transfer period, teachers will be able to transfer to any area for
which they are certified if there is not a pool in that area.
11.2.8 Seniority shall be the governing factor when determining
teachers to transfer during the spring for fall placement.
11.2.9 A teacher shall be granted only one transfer during the transfer
period. Placement from a pool is not considered a transfer.
11.2.10 Administrators shall notify the Supervisors of Teacher
Placement of all vacancies as soon as they are known. A
vacancy does not exist until a resignation or leave is signed and
submitted.
11.2.11 The Division of Human Resources shall provide a list of
vacancies at the beginning of the transfer period and vacancy
information shall be provided daily on the District’s web site.
11.2.12 The Division of Human Resources shall establish the beginning
date for the hiring of new teachers after all pools have met.
The Division of Human Resources will provide vacancy
information on the School District of Hillsborough County’s
web site.
11.2.13 Applicants who have interviewed for a position shall be
notified in a timely manner after the decision is made.
11.2.14 Complaints related to the teacher transfer process should be
directed to the Chief Officer for Human Resources. The
teacher will be notified of the result.
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11.2.15 Teachers shall be assisted at their new sites in making a smooth
transition into their new positions.
11.2.16 Teachers shall be notified of implementation of a MSC
(Modified School Calendar) at their school for the following
year by March 1 of the current year. If the teacher does not
desire to be assigned to a school on a MSC Program, that
teacher shall notify the principal in writing by April 1 that
he/she is opting out of the MSC Program.
11.2.17 All advertised/listed vacancies assigned to a school on a MSC
shall be noted as such. Before a teacher accepts transfer, the
teacher will be notified of any impact on the annual salary if
transfer occurs.
11.3
Administrative Transfer
11.3.1 The Superintendent or his designee shall investigate any written
request for an administrative transfer. This investigation shall
determine the need for further action.
11.3.2 If appropriate, a hearing will be held involving the teacher,
principal, Association, and the Assistant Superintendent for the
Division of Human Resources.
11.3.3 Following the hearing, the Assistant Superintendent for the
Division of Human Resources will make recommendations to
the Superintendent.
11.3.4 The Superintendent shall then act upon the recommendation.
Should a transfer be indicated, the teacher shall be placed in a
vacancy that is in the best interest of the individual and the
system.
11.4
Unit Loss Transfer
11.4.1 Unit loss will be used for transferring teachers when a school
must lose teachers due to a loss of students or a change in the
unit allocation formula.
11.4.2 When transfers are necessary due to a unit loss, teachers to be
transferred will be determined by the seniority policy.
Administrators will determine the subject area (specific subject
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and certification/license in Industrial Education and Health
Sciences) where a unit must be lost according to student
enrollment. The composite unit allocation form indicating
course counts will be available to the Association.
11.4.3 In determining unit loss, the length of the teacher’s contract
will not be a factor in identifying the person to be transferred.
However, seniority shall be the governing factor when an
in-school change of assignment results in loss of pay.
11.4.4 The teacher with the most seniority shall have first option to
stay in a position or transfer, with such option extended to all
teachers on a diminishing basis until one elects to transfer or
until such time as the teacher with the least amount of seniority
is required to transfer.
11.4.5 Teachers who have been notified in writing that dismissal
proceedings are contemplated or teachers on fourth year
probation, may not volunteer but shall be transferred if their
seniority requires it.
11.4.6 When unit loss occurs, the following procedures will be used:
A. Seniority will be used to determine which teachers will
transfer during the spring for fall placement.
B. Reassignments may not be made prior to identifying
teachers for the pool.
C. Administrators will identify and notify all teachers in a
subject area that will experience a unit loss. Teachers in
descending order of seniority may volunteer to have their
names submitted for pool placement. If there are no
volunteers in the identified area, the least senior person(s)
will be placed in the pool.
D. The teachers in the pool will be listed by subject areas
according to their seniority in the Hillsborough County
School System.
E. For the purposes of unit loss, elementary teachers shall be
divided into (1) pre-kindergarten, (2) kindergarten, (3)
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grades one through five including Title I, PEP, Migrant
Language Arts, Computer, and ESOL (4) Autistic, (5)
Strings (Music) (6) Reading Coach or other screened
positions, (7) Special certification areas. Special
certification areas shall be considered separate subject
areas.
F. Vacancies by certification area (Math, English, Elementary,
etc.) will be available in the Division of Human Resources
to each teacher who is required to transfer one working
day prior to the day such teacher will choose an assignment
from the available vacancies. The teacher with the
most seniority will be given his choice of vacancies in
the certification area from which he or she was
displaced. Using seniority, teachers will be given a
choice until all are placed or until all vacancies are
filled.
G. The teacher in the pool with the most seniority will be
given the refusal of each vacancy occurring until he is
placed. The teacher in the pool with the least seniority
will be assigned to any vacancy occurring if all teachers
with more seniority have refused the position. Teachers
not assigned will remain in the pool and be placed in any
second pool for which they are certified. Teachers placed
in a second pool may volunteer for a vacancy after all
teachers remaining in the first pool have refused it. If
there are no volunteers, teachers in the first pool must be
assigned. The Division of Human Resources will work
with teachers remaining in the pool to find the best
assignment possible for the welfare of the teacher and the
school system until appropriate vacancies occur. This
assignment shall be based on the following:
1. Current assignment and level
2. Current assignment (1-12)
3. Certification and previous assignment
4. Other certification
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The teacher shall have the option of staying in this area
and taking courses necessary for certification or accepting
the first vacancy in the area from which he/she was
displaced. (A teacher shall not give up his right to move
in field if he rejects a temporary appointment after the
beginning of the school year.)
If a teacher voluntarily transfers to another position for
which he/she is eligible, the teacher automatically gives up
his/her right to remain in the pool. Teachers will retain
pool rights for a period not to exceed two years.
H. Teachers selecting positions from the pool shall be assured
the subject area selected.
I. Vacancies for Magnet school positions will be listed
during the transfer period, but only current magnet school
teachers may select these vacancies in the county pool
process.
J. Out-of-field teachers in a carry-over pool may be required
to return to their area of previous assignment if a vacancy
occurs prior to the freeze on teacher transfers before the
start of the new year for which they were pool placed. In
the event this occurs, consideration shall be given to travel
distances and employees shall not be compelled to travel
distances in excess of 10 miles one way.
11.4.7 Teachers in a temporary assignment will not be considered for
transfer. The seniority of a teacher who is on leave and has a
vested interest in the position will be used to determine the unit
to transfer. A teacher contracted for a Group I or II supplement
will not normally be transferred due to unit loss, except in the
event that the required number of teachers needed to transfer
exceeds the number of non Group I or II supplemented
teachers. Then, based on seniority, all Group II supplemented
teachers shall first be subjected to unit loss with Group I
supplemented teachers following if necessary. In the event a
teacher with seniority is forced to transfer because of a
supplemented teacher, reassignment to a vacant classroom
position in the subject area disciplines in another area of
certification within the same school shall be granted for either
the affected senior teacher or the supplemented teacher unless a
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carry-over pool exists in that subject area. The principal will
determine the teacher to be reassigned if both teachers are
qualified for reassignment.
11.4.8 A permanent teacher who was designated as a unit loss on the
spring pool list and who has transferred to another school either
by voluntary transfer or pool placement shall be permitted to
transfer back to his / her former school under the following
conditions:
A. A vacancy exists in the subject area where the unit was
lost.
B. A carry over pool does not exist.
C. The principal and the teacher agree.
D. The teacher is eligible to transfer until the freeze is placed
for fall unit adjustment.
11.4.9 Secondary or elementary teachers not certified in exceptional
child shall be placed at special education centers if there are no
other positions available at regular school centers. A freeze
will be maintained and the teacher assigned to a special
education center will be transferred when a vacancy occurs.
The teacher shall be allowed to remain at the special education
center when a vacancy occurs if the principal of the special
education center and the teacher agree.
11.4.10 Secondary music or physical education teachers shall be placed
at the elementary level only if there are no other positions
available at the secondary level. A freeze will be maintained
and teachers assigned to elementary music or physical
education from a secondary pool will be transferred as
unearmarked vacancies occur at the secondary level. The
teacher can remain at the elementary position if the teacher and
the principal agree. This procedure shall also apply to
elementary music or physical education teachers assigned to
secondary.
11.4.11 For the purpose of unit loss in the content area, middle schools
shall be divided into (1) grade six and (2) grades seven and
eight.
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11.5
New School Or Consolidation Transfers
11.5.1 The seniority and unit loss policy will be used for transfer of
teachers when a new school is formed or when boundary
changes are made, or when schools are consolidated.
11.5.2 Units shall be allocated or reallocated to the affected school(s).
Group I supplemented positions for new schools / consolidated
assignments will be reserved prior to pool placement.
11.5.3 All vacancies at the receiving school(s), including additional
units and vacancies resulting from resignation, leaves or
temporary appointments, are identified and frozen.
11.5.4 Only the surplus teachers at the sending school(s) in each
department can be reassigned to the receiving school(s) and
teachers leaving will be identified according to the unit loss and
the seniority policy.
11.5.5 Prior to the spring transfer period, teachers will be given a list
of vacancies at the receiving school(s), by departments. Each
teacher, on a seniority basis, will have a choice of accepting a
vacancy according to their current teaching assignment (See
11.4.6 D) at the receiving school(s) in the certification area
from which he/she was displaced or being placed in the county
pool.
11.5.6 Any teacher who cannot be assigned to the receiving school(s)
will be placed in the county pool.
11.5.7 Teachers who have been assigned to the receiving school(s) or
county pool are eligible to transfer during the transfer period.
11.6
Family Transfer
11.6.1 No teacher shall be appointed or reappointed to a school in
which his/her father, mother, brother, sister, husband, wife, son,
daughter or in-law is employed as an administrator. A teacher
and an administrator marrying during the school year shall be
allowed to finish that year at the same school.
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11.7 Energy Transfers
11.7.1 Voluntary energy transfers may occur any time during the year
except during a freeze and during the period prior to spring
pool placement. To be eligible for an energy transfer, an
employee must have completed one year or the equivalent of
continuous permanent employment at the school from which
he/she is transferring.
11.7.2 In order to qualify for an energy transfer a teacher must travel a
minimum of 20 miles or more per day (round trip) or 100 miles
per week round trip. The transfer must result in a reduction in
the number of miles traveled by the teacher.
11.7.3 Acceptance of said transfer shall be voluntary on the part of the
teacher and the administrator at the receiving work site. In an
energy transfer where two teachers exchange positions, both
teachers and administrators in the affected work sites must
voluntarily agree to the exchange.
11.7.4 This same procedure shall apply to itinerant personnel.
12 LEAVES
12.1
Absence From Duty (Illness Or Personal Leave)
12.1.1 A teacher who will be absent from duty shall notify the
District’s Substitute Employee Management System (SEMS),
as early as possible, preferably the night before the absence and
not later than one hour prior to the teacher’s reporting time on
the morning of the absence.
12.1.2 If a teacher notifies the District’s Substitute Employee
Management System (SEMS) later than one hour prior to the
teacher’s reporting time on the morning of the absence, they
will also notify the administration or designee.
12.1.3 All absences from duty must be excused. Teachers who are
willfully absent from duty without leave or misrepresent the
cause of absence, shall forfeit compensation for the time of
such absence, and their contract shall be subject to cancellation
by the Board.
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12.2
Sick Leave Bank
12.2.1 Establishment
A. The Sick Leave Bank shall be established and deemed to
be in operation when one thousand (1,000) sick leave days
have been deposited in the Bank.
B. The sick leave bank shall be administered through the
office of the Chief Officer for Human Resources.
12.2.2 Membership
A. Any employee may apply for membership to the Sick
Leave Bank who is actively on duty and has at least eleven
(11) days of accrued sick leave as of October 1, the date of
effective enrollment. Those persons wishing to become
members of the Sick Leave Bank shall do so by
voluntarily applying for membership and contributing one
(1) accrued sick leave day to the bank during the time
determined and published by the Sick Leave Bank
Committee.
B. Membership in the Sick Leave Bank shall be continuous
from initial enrollment until an individual member has
drawn all Sick Leave Bank Committee approved days for
original illness (not to exceed 100 days) or has resigned
from the school system.
C. Membership may not be reinstated by a former member
returning used days to the bank.
D. Membership shall be qualified by the following conditions:
1. Each July the Sick Leave Bank Committee shall
determine if the bank balance will be drawn to below
500 days during the coming year. If after evaluating
the rate of usage and the projected new enrollments,
the committee concludes that the 500 day balance will
occur during the next school year, each member will
be notified that they will be required to contribute one
additional sick leave day on the last pay date in
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September in order to continue members. Members
not having one additional sick leave day accrued to
their benefit shall not be eligible to continue
membership. Such members shall again be eligible
when they meet the criteria in 12.2.2 A.
2. In the event a member draws from the bank, that
individual’s membership shall be suspended for all
subsequent illness and benefits not arising directly out
of the original illness or injury. Such individuals may
reinstate their membership by meeting the
qualifications in 12.2.2 A.
3. Members of the bank may only contribute days as
authorized above and any sick leave days donated to
the bank shall be deemed used sick leave by the
participating employee and shall not be returned to
the employee except as a benefit of membership in
the bank.
12.2.3 Benefits
A. Eligibility for payment from the sick leave bank shall be
determined by the Sick Leave Bank Committee based
upon the following:
1. Sick Leave Bank members are not eligible for
benefits for a pre-existing condition until after
January 1, one year following the effective date of
enrollment.
2. The member must have applied for an extended leave
of absence from employment because of their own
personal catastrophic illness or accident (excluding
Workers’ Compensation cases).
3. Sick Leave Bank benefits are not payable for benefits
coverable by Workers’ Compensation benefits.
4. The member must have exhausted all accumulated
sick leave and have missed ten (10) consecutive
workdays without pay.
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5. The member must make application to the Sick Leave
Bank Committee by submitting certificates from two
doctors attesting to the member’s extended illness or
accident. The Sick Leave Bank Committee will
provide the necessary forms and determine the
required information.
6. Upon approval by the Sick Leave Bank Committee of
each application, members will be allowed to draw up
to a maximum of one hundred (100) paid sick leave
days from the bank. Payment of benefits for these
approved 100 days does not have to be continuous for
the same illness. However, each request must be
accompanied by a new application and the criteria in
l, 2, and 3 above must be met.
7. All cases shall be reviewed when the 50th day of
benefits is reached. The committee may request
additional medical certification.
B. Utilization of paid sick leave will be determined based
upon the following:
1. The Sick Leave Bank days, for payment purposes, are
only effective on the days which are normally paid
days for each particular job classification.
2. Members of the Sick Leave Bank who are drawing
benefits are not eligible for sick leave or vacation
accrual. Paid holidays occurring during the approved
benefit period will be paid as a benefit of the Sick
Leave Bank.
3. During the duration of the coverage by the Sick Leave
Bank days, the recipient is responsible for submitting
updated medical statements from both physicians at
the end of each month or as otherwise advised by the
committee’s chairperson. This should be forwarded
to the attention of the Chairperson of the Sick Leave
Bank Committee.
4. When the physician(s) releases the member for return
to duty, the member is required immediately to advise
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the chairperson of the Sick Leave Bank Committee of
this change in status. A member who fails to advise
the Chairperson of the release from a physician to
return to work shall forfeit their rights to all sick leave
bank benefits paid after the release and shall be
personally liable for restitution to the bank of all
funds received.
12.2.4 Administration
A. The Sick Leave Bank shall be administered by the Sick
Leave Bank Committee under the direction of the Chief
Officer for Human Resources.
B. The Sick Leave Bank Committee shall be the final
authority on all disputes concerning membership
applications, benefit applications and on other matters that
may come before the committee.
C. The Sick Leave Bank Committee shall be a committee
consisting of:
1. Three representatives appointed by CTA
2. Four representatives appointed by the
Superintendent.
D. The chairperson shall have no voting power except in a tie
breaking situation.
E. Enrollment forms and applications for benefits may be
obtained from the Non-Instructional Personnel Office.
F. Specific rules for the implementation of this bank may be
developed by the Sick Leave Bank Committee.
G. Sick Leave Bank members shall be given an annual report
of usage. The report shall include the number of
applications submitted, approved, rejected, the number of
days utilized, and the number of days remaining in the
Bank.
H. The membership eligibility and benefits (100 days) of the
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Sick Leave Bank may be changed when two-thirds of the
Sick Leave Bank Committee recommends to the Sick
Leave Bank membership such a change.
This change shall be approved by a majority vote of the
voting members of the Sick Leave Bank.
12.2.5 The Sick Leave Bank Committee shall function as follows:
A. The Chairperson shall be responsible for conducting the
meetings, corresponding with all applicants and attending
to all other business of the committee.
B. The Chairperson shall select the Vice-Chairperson. The
Vice-Chairperson shall be responsible for conducting the
annual enrollment and to act in the chairperson capacity in
the absence of the chairperson.
C. Quorum shall consist of three members plus the
chairperson or vice-chairperson.
12.3
Illness Leave (Sick Leave)
12.3.1 A teacher who is unable to perform his school duties because of
his illness or because of the illness or death of his father,
mother, brother, sister, husband, wife, child, father-in-law,
son-in-law, daughter-in-law, mother-in-law, stepfather,
stepmother, brother-in-law, stepbrother, half brother,
sister-in-law, stepsister, half sister, stepchild, uncle, aunt, niece,
nephew, grandparents, grandchild, or members of his own
household (a person residing in the house wherein the member
resides, or in another house upon the same premises) is entitled
to four days of sick leave as of the first day of employment of
each contract year and shall thereafter earn one day of sick
leave for each month of employment, not to exceed more than
one day times the number of months employed for that year,
which shall be credited to the member at the end of that month,
and which shall not be used prior to the time it is earned and
credited to the member.. Such sick leave shall be cumulative
from year to year; provided there shall be no limit on the
number of days of sick leave a member of the instructional staff
may accrue; and provided, further, that at least one-half of this
cumulative leave must be established within the district
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granting such leave.
12.3.2 All claims for sick leave must be approved by the principal who
shall make the report to the payroll section with a payroll
voucher, and by such person as is designated by the
Superintendent for this purpose. All such claims shall be
substantiated by filling of the appropriate form immediately
upon return of the teacher to duty or during the course of his
illness, as may be needed. The Superintendent is authorized to
require a certificate of illness from a licensed physician or from
the County Health Officer if such is deemed necessary. Full
compensation shall be made for the time missed for justifiable
absence in accordance with the Florida School Laws.
12.3.3 Teachers who remain on duty one-half school day are to be
reported to the Payroll Office on the attendance report as being
on duty one-half day. Time less than one-half day not on duty
should be recorded by the school office. Teachers who remain
on duty longer than one-half day of a school day but less than a
full day (eight hours) are to be reported as being on duty a full
day. Time less than a full day not on duty should be recorded
by the school office. When a teacher’s non-duty (leave) time
recorded in the school office accumulates to one-half school
day, the time is to be reported as personal or sick leave,
indicating dates actual leaves occurred, to the Payroll Office.
The payroll for that period would be adjusted to reflect the
one-half day accumulated personal or sick leave.
12.3.4 A teacher may requisition his former employing Florida school
district to transfer his accrued sick leave to the Hillsborough
County School District. The Hillsborough County School
District shall add to the teacher’s sick leave account the
transferred sick leave days at a rate as earned according to the
law, provided that at least one-half of this accumulative leave
must be established within the district granting such leave.
12.3.5 When sick leave is to be used continuously just prior to and
continuously with a resignation or long-term leave without pay,
the teacher shall notify the principal of his/her intention to do
so. The teacher will be replaced by a temporary teacher at once
during the period of time in which the teacher collects sick
leave. Such an extended use of sick leave shall require
verification from a medical doctor of the illness or condition
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requiring the absence.
12.3.6 Teachers who are employed for a normal extended year
program shall earn one additional day of sick leave. Teachers
who are employed for one MSC Intersession shall earn one-half
day of sick leave. Teachers who are employed for two or more
MSC Intersessions shall earn one additional day of sick leave.
12.4
Employment While On Leave
12.4.1 Teachers may be employed while on personal leave from the
school system for a maximum of one school year. Upon
expiration of the leave, the teacher will return to the county
placement pool for reassignment. For all personal leaves
unrelated to employment elsewhere, the teacher shall be
returned to the school and subject area where he or she
previously served. Leave forms shall indicate conditions for
returning to same position or the county pool.
12.5
Short Term Leaves - General Provisions
12.5.1 Short term leaves (leaves for a maximum of thirty calendar
days) are granted for short periods of time when a teacher is
absent from his assigned post. These leaves will not break
continuity of service. The Superintendent shall have authority
to approve (or to delegate responsibility for approving) all short
term leaves.
12.5.2 With the exception of Personal Leave with Pay and
Professional Duty Within the County Leave, and Professional
Duty Out-of-County, all other leave requests must be submitted
on Request for Leave of Absence form and received in the
Division of Human Resources three workdays prior to the
effective date of leave.
12.5.3 Teachers receiving compensation from a source other than the
School Board for participating in an activity during normal
duty hours must take personal leave. If the purpose of the
compensation to participants is to reimburse these individuals
for activities required beyond the normal work day, a Request
for Leave of Absence form must be submitted and the
professional duty leave may be approved with documentation
verifying the reason for compensation.
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12.6
Personal Leave With Pay
12.6.1 Six (6) days per school year for personal leave may be charged
to sick leave. The regular Request for Leave of Absence form
will not be necessary but the administrator or designee shall be
notified in person or by phone prior to the teacher taking leave.
This notification does not imply a need for approval.
Immediately following the absence, a sick leave form shall be
submitted stating that the absence was for “personal reasons.”
(See Section 12.1)
12.7
Professional Duty Within The County
12.7.1 Professional duty within the county is not considered a leave of
absence. It is approval granted by the appropriate building
administrator for a teacher to be temporarily absent from his
regular duties and place of employment for the purpose of
performing other educational services in-county. No leave
form shall be required for individuals performing professional
duty within the county or on a Board approved field trip in or
out of county. (When compensation is anticipated, see 12.5.3)
12.7.2 Any use of a substitute for a teacher who is on inter-school
visitation must have prior written approval of the General Area
Director or the General Director of Human Resources.
12.8
Professional Duty Out-Of-County
12.8.1 The request of an individual for Professional Duty outside of
Hillsborough County must be submitted on an Out-of-County
Travel Authorization and Reimbursement Claim form to the
appropriate administrator for approval at least ten working days
prior to the effective date of leave. When no reimbursement is
requested or when internal account funds are used, the
Out-of-County Travel Authorization and Reimbursement Claim
form must be received in the Division of Human Resources at
least three workdays prior to the effective date of leave.
Approval for use of a substitute and/or travel must be made by
the appropriate Assistant Superintendent. However, such leave
shall be granted when the teacher can demonstrate that he or
she is an officer or board member of the state or national
curriculum or subject area group which is sponsoring the event
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for which the leave is sought. In order to qualify, the teacher’s
present assignment must be in that curriculum or subject area
group. (When compensation is anticipated, see 12.5.3)
12.9
Professional Duty - Out-Of-County - Student Day
(Group)
12.9.1 When a subject area group of teachers (social studies,
counselors, etc.) desire to attend a conference, convention,
workshop, etc., they will present a request for approval of the
trip to the appropriate General Director who is responsible for
their program at least three weeks in advance of the trip.
12.9.2 The appropriate General Director will present the request to the
Superintendent and his staff for approval at the next staff
meeting.
12.9.3 A maximum of ten percent of the total group shall be given
approved leave to represent their group. (The appropriate
Assistant Superintendent may waive the 10% limitation). Such
leave must be submitted on the Out-of-County Travel
Authorization and Reimbursement Claim form to the
appropriate administrator at least ten working days prior to the
first day of absence. When no reimbursement is requested or
when internal account funds are used, the Out-of-County
Travel Authorization and Reimbursement Claim form must be
received in the Division of Human Resources at least three
workdays prior to the effective date of leave.
12.9.4 Participants representing any group shall be selected on an
equitable basis by the group (rotation, election, etc.).
12.9.5 Officers or board members of the group shall not be counted in
the ten percent maximum allowable for any group participating
in a meeting, but would be considered as participants above the
maximum upon demonstrating their status to the Division of
Human Resources.
12.10
Professional Duty - Out-Of-County - Non-Student Day
Group)
12.10.1 If a subject area group of teachers desires to attend a county
approved conference, convention, workshop, etc., approved by
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the Superintendent and staff on a day students are not in school,
no maximum shall be set and leaves will be granted to all
teachers who submit the Out-of-County Travel Authorization
and Reimbursement Claim form to the appropriate
administrator at least ten working days prior to the first day of
absence. When no reimbursement is requested or when internal
account funds are used, the Out-of-County Travel
Authorization and Reimbursement Claim form must be
received in the Division of Human Resources at least three
workdays prior to the effective date of leave. A request for the
approval of the trip shall be submitted to the appropriate
Assistant Superintendent at least three weeks prior to the date
of the anticipated absence. On parent conference days, it shall
be the teacher’s responsibility to notify the parents of their
students of their anticipated absence for professional
development. Teachers will make other arrangements with
parents for conferences.
12.11
Illness And Accident In Line Of Duty
12.11.1 Any employee shall be entitled to illness or accident
in-line-of-duty leave when he is absent from his duties because
of a personal injury received in the discharge of duty or
because of certain infectious or contagious childhood diseases
contracted in school work.
12.11.2 The principal/designee or administrator in charge, upon
notification by an employee of an on-the-job injury, shall
complete in detail a “Notice of Injury” report and forward it in
the next school mail to the Risk Management and Safety
Office.
12.11.3 If medical treatment is necessary due to an on-the-job injury,
the injured person shall be given a completed “Referral for
Medical Treatment” form which will enable the employee to
report to a doctor or hospital. The bottom portion of this form
should be completed by medical personnel and returned to the
teacher’s work site for submittal to the Risk Management and
Safety Office. Except for emergencies, an employee needing
care from a doctor must use only doctors listed on the Risk
Management and Safety Office’s “List of Approved Doctors.”
An employee may not change doctors without the Risk
Management and Safety Office’s approval.
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12.11.4 The employee shall receive normal pay for the day of the
injury. Upon recommendation of the Risk Management and
Safety Office, the School Board will also pay normal salary to
an employee who is injured on the job or has certain job related
illnesses for the first ten working days following such illness or
injury. The maximum amount of paid days shall be ten days
per injury with a maximum of ten days per year (July 1 - June
30). The employee must use the regular leave form to request
paid days and submit to the teacher’s work site for submittal to
the Risk Management and Safety Office for approval. The Risk
Management and Safety Office will approve payment of the
first paid day after an injury without proof of medical
treatment.
Approval of more than this first day will not be granted unless
medical proof is attached indicating the employee is unable to
work due to the injury. An employee who is given paid days
will be reported in Code B of the payroll.
12.11.5 After the ten day period, the injured employee has a choice of
receiving Workers’ Compensation benefits only, or
supplementing Workers’ Compensation benefits by utilizing a
portion of a sick day to provide full salary equivalent. The
combined benefits of both Workers’ Compensation and paid
days sometimes result in overpayments to an employee which
must be returned.
An employee on Workers’ Compensation is assured a return to
the same position, if the return occurs during the same or the
next fiscal year. If the Workers’ Compensation extends into the
third fiscal year, the employee will be assigned by the method
of pool placement.
12.11.6 If a doctor recommends an employee for light duty
(limited/restricted duty), the employee must be able to fulfill
his work responsibilities. The work location supervisor must
allow the employee to return to work and insure that the
employee does not exceed the doctor’s limitations for up to ten
working days. If these ten working days expire and the
employee is still unable to return to full unlimited duty, the
employee must obtain another doctor’s statement requesting up
to ten additional days of limited duty. At the completion of this
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second ten days of limited duty, the employee must return to
full duty or be placed on temporary total disability until able to
return to unrestricted duty. Light duty status is only available
for approved Workers’ compensation claimants, not for
individuals returning from personal illness or injury.
12.11.7 In addition to all Workers’ Compensation benefits, employees
shall also be entitled to illness in-line-of-duty leave when they
are absent from duties because of certain illnesses contracted at
work. This policy is intended to deal with such uncommon
diseases or infestations as infectious hepatitis, meningitis and
scarlet fever and the illnesses normally related to childhood
diseases such as mumps, measles, chicken pox, head lice, pink
eye, scabies or impetigo. This does not include the normal
adult illnesses such as the common cold, influenza, etc.
(Children found to contain these illnesses or infestations shall
be immediately, except in emergency, excluded from the
classroom and shall not be allowed to return to school until
such time as the condition no longer exists.) This extended
benefit is not covered under the Workers’ Compensation Law,
therefore employees must seek medical care on their own
(without a medical referral form) and present their bills to the
principal/supervisor. To receive benefits, the
principal/supervisor must send a memo to the Risk
Management and Safety Office stating that the employee was
personally exposed to a specific illness. Medical bills and leave
of absence forms should be attached. The Risk Management
and Safety Office may specify maximum benefits for certain
illnesses.
12.11.8 When a health hazard exists at a work location that necessitates
preventive action or treatment, such as taking shots, to protect
employees, the School Board shall make arrangements through
the Health Department or other agency for such preventive
action or treatment at no cost to employees.
12.12
Jury Duty Or Court Witness
12.12.1 A teacher called for jury duty shall be considered on temporary
duty elsewhere and shall receive pay for his/her time on jury
duty. A copy of the court order must be attached to the Request
for Leave form.
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12.12.2 A teacher subpoenaed as a witness for a situation related to
his/her employment as a School Board employee shall be
considered on temporary duty elsewhere and shall receive pay
for his/her time while answering the subpoena. A copy of the
subpoena must be attached to the Request for Leave form.
12.13
Military Leave - Reserve Active Training
12.13.1 Teachers who are members of state and national reserve units
shall be entitled to paid leave of absence, up to seventeen work
days in any fiscal year, when they are on active duty for
training purposes. Reservists must plan their tour of duty
during vacation when possible. Request for excused absence
and a copy of the official orders must be submitted in advance.
12.14
Military Leave - Reserve Called To Active Military Service
12.14.1 Teachers who are members of State and National Reserve
Units, who are called to active military service, shall be entitled
to a leave of absence. Requests for Military Leave must be
accompanied by a copy of the official orders.
12.14.2 The work days within the first thirty calendar days of any such
leave shall be with full pay. Teachers shall retain rights to their
assignment until the end of the current school year. Teachers
returning from Military Leave will be credited with one (or a
partial) year’s experience for determining salary benefits,
rights, and privileges for each year (or partial) year on leave.
Upon expiration of the leave, a reservist shall be returned to the
school and subject area (See Section 11.4.7.E) where he/she
previously served.
12.14.3 Reservists must present themselves for duty within 31 days
upon release and must make themselves available to report to
work no later than 90 days from the date of discharge from
active service. Failure on the part of the reservists to return to
work after 90 days will be considered as a break in service.
The returning reservist must provide the appropriate discharge
documents (DD 214) indicating an honorable discharge.
Failure on the part of the teacher to submit this verification will
invalidate the leave of absence and constitute a break in service.
Circumstances surrounding a dishonorable discharge will be
considered on an individual basis.
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12.15
Military Leave - Voluntary Service
12.15.1 Teachers who volunteer for military service in the Armed
Forces of the United States or the State of Florida are eligible
for military leave without pay. Orders for induction must be
submitted with the Request for Leave Form. A maximum of
four years’ leave may be granted unless a state of emergency
exists.
12.15.2 Teachers granted a military leave must, upon their release,
present themselves for duty within 31 days and must make
themselves available to report to work no later than 90 days
from the date of discharge from active service. Returning
teachers must submit a copy of his/her honorable discharge
papers from the service. Failure on the part of the teacher to
submit this verification will invalidate the leave of absence and
constitute a break in service. Circumstances surrounding a
dishonorable discharge will be considered on an individual
basis.
12.15.3 Teachers returning from Voluntary military service shall be
credited with one (or partial) year’s experience for determining
salary benefits, rights and privileges for each (or partial) year
on leave. Upon expiration of the leave, a teacher shall be
returned to the school and subject area (See Section 11.4.7.E.)
where he/she previously served.
12.16
Military Leave - State Or National Emergency
12.16.1 Teachers who volunteer or are drafted for military service in a
time of declared national or state emergency are eligible for
military leave without pay. Requests for military leave must be
accompanied by a copy of the official orders. A maximum of
four years of leave may be granted unless the declared state of
emergency continues to exist.
12.16.2 Teachers granted military leave must, upon their release,
present themselves for duty within 31 days and must make
themselves available to report to work no later than 90 days
from the date of discharge from active service. Returning
teachers must submit a coy of their honorable discharge papers
from the service. Failure on the part of the teacher to submit
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this verification will invalidate the leave of absence and
constitute a break in service. Circumstances surrounding a
dishonorable discharge will be considered on an individual
basis.
12.16.3 Teachers returning from military leave shall be credited with
one (or partial) year’s experience for determining salary
benefits, rights and privileges for each (or partial) year on
leave. Upon expiration of the leave, a teacher shall be returned
to the school and subject area (See Section 11.4.7.E) where
he/she previously served.
12.17
Study And Workshop Leave
12.17.1 Study leave for ten months teaching personnel during post
and/or pre-planning college study may be granted for
attendance at summer sessions of colleges and universities in an
area related to education. Reasonable time allowance for travel
may be granted provided it does not interfere with the
applicant’s teaching duties. Applicants must submit their
requests on the Request for Leave of Absence form and attach a
copy of the college brochures showing the summer session
dates.
12.17.2 A transcript of the courses taken or the degree earned is to be
submitted to the Division of Human Resources following the
summer leave. All personnel on this type of leave shall receive
salary as though they were on duty in the school.
12.17.3 Teachers may secure professional leave with pay for the time
spent at a state workshop if they attend at the request of the
State Department of Education. The college credits earned in
either case must be recorded with the Division of Human
Resources.
12.17.4 The Board may grant teachers contracted for twelve months of
employment three weeks’ professional leave with compensation
during any school year when school is not in session, provided
that such leave shall be cumulative for not more than two years
and that a maximum of six weeks be allowed each individual
during each five-year period. Such leave shall be for
professional study in an area related to education.
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12.18 Personal Leave (Short Term) Without Pay
12.18.1 A teacher may be granted temporary personal leave (maximum
of thirty days) without pay, when extenuating circumstances
dictate, when approved by the appropriate administrator. This
leave cannot be extended, but a new leave request can be made
if the situation warrants it. Personal leave without salary may
be granted only when there is not a leave policy to cover the
particular circumstance. However, personal leave without
salary may be granted when an employee is receiving
compensation from another source.
12.19
Extended Leaves - General Provisions
12.19.1 Extended leaves (leaves for more than thirty calendar days) are
granted for one school year, the remainder of a school year; for
a definite period of time within the school year. A Request for
Leave of Absence form must be submitted to the Division of
Human Resources twenty days before the effective date of the
leave, except in cases of emergency.
12.19.2 When any extended leave begins during the second semester,
the teacher on such leave shall be eligible to apply for another
extended leave for all of the next school year.
12.19.3 Leaves ending within the school year may be extended through
the end of that school year. New leaves may be granted at the
discretion of the Board. Any request for leave of absence must
be signed by the teacher’s principal or immediate supervisor
and submitted to the Division of Human Resources. All
extended leaves must be approved by the Board.
12.19.4 Retirement funds may not be withdrawn while on leave.
Teachers desiring retirement credit for an “eligible leave of
absence,” must notify the Retirement Division through
application. This application can only be completed after the
Board has approved the leave and should be processed prior to
commencement of the leave.
12.19.5 Upon expiration of the leave, a teacher shall be returned to the
school and subject area (see Section 11.4.6 D) where he/she
previously served. After a teacher absence of two (2)
continuous combined leaves, a teacher will return to the county
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placement pool for reassignment.
12.19.6 A temporary appointment will be made to fill the position
vacated by a teacher on leave. Temporary appointments will
ordinarily be made for an entire school year, or should a leave
be granted for less than a school year, for the duration of the
leave.
12.19.7 With the exception of documented health or maternity leave, a
teacher may be eligible for two (2) leaves within a five (5) year
period. Non-tenured teachers’ entitlement to health and family
care leaves shall be limited to that provided under the Family
Medical Leave Act (FMLA).
12.20
Health Leave
12.20.1 A teacher may be granted a health leave without pay. A
physician’s certificate must be submitted with the Request for
Leave of Absence form. A physician’s certificate must also be
submitted to certify that the teacher is ready to return to work.
A second health leave may be requested. Health leave shall be
limited to two continuous leaves for the same illness. When the
initial health leave begins during the second semester, three
continuous leaves for the same illness may be granted. (See
12.19.7).
12.20.2 Teachers will be placed on health leave when accrued sick
leave is exhausted and thirty-one (31) days beyond accrued sick
leave have expired. The health leave shall be for a specific
period of time based on a doctor’s certificate or for a thirty-one
(31) day period, if the doctor is unable to certify a return date.
Teachers may return after the thirty-one (31) day period with
one week’s notice and a physician statement that the teacher is
able to return to work. If the teacher is unable to return after
the thirty-one day period, he/she will be placed on leave for the
remainder of the year.
12.21
Professional Leave
12.21.1 Professional leave without pay shall be granted for professional
study at a college or university in an area related to education.
The teacher must be a full-time student or receiving a degree,
hold a professional certificate and hold tenure in Hillsborough
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County. Additional leaves may be requested; however, a
maximum of three consecutive professional leaves or a
maximum of two non-consecutive leaves in a five year period
may be granted. Any teacher granted a professional leave
must, upon return, or prior to requesting additional leave,
submit a transcript or record from a college or university
showing a degree or satisfactory credit earned (a grade of “C”
or higher must be earned in order to gain salary credit) as a
full-time student at the college or university. Failure on the
part of the teacher to submit evidence will invalidate the leave
of absence and constitute a break in service.
12.21.2 Professional leave without pay shall be granted for:
A. Service in the Peace Corps
B. Teaching experience in a foreign country
C. Study or work related to a state or national scholarship or
grant
12.21.3 A teacher returning from professional leave, will be credited
with a year’s experience for determining salary benefits, rights,
and privileges for each year on leave.
12.21.4 Teachers on professional leave should not expect reassignment
prior to the expiration of their leave.
A teacher on professional leave must maintain a valid teaching
certificate.
12.22
Personal Leave (Extended) Without Pay
12.22.1 A teacher may be granted personal leave without pay upon
earning tenure in Hillsborough County. An additional personal
leave may be granted after each three complete years of
teaching experience in the Hillsborough County School
System. When the initial personal leave begins during the
second semester, a second continuous personal leave may be
granted for all of the next school year.
12.23
Maternity, Paternity, Adoption And Family Care Leave
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12.23.1 Teachers who have knowledge of a maternity, paternity,
adoption or family related circumstance which will require their
absence from school shall inform the principal.
12.23.2 Teachers must inform the principal of the anticipated date that
their absence will begin and the anticipated date of return.
12.23.3 Teachers may use either paid or unpaid sick leave anytime
before the child’s birth or adoption. A maximum of twelve
weeks unpaid leave may be taken after the child’s birth or
adoption for normal recuperation. At the end of the twelve
week period, the teacher must go on an approved leave or
return to work.
12.23.4 A leave for maternity, paternity, adoption, or family care may
be granted for any period of more than thirty (30) days as per
12.19.1. Only one maternity, paternity, or adoption leave may
be granted for a single child. Family care leave shall be limited
to two continuous leaves for the same circumstance. Leaves
should be requested twenty (20) days prior to the beginning
date of the leave.
12.24
Return To Position After Extended Leave
12.24.1 A teacher granted an extended leave of absence during the
school term may not expect reassignment until the end of the
leave. The teacher must notify the Division of Human
Resources and his/her principal by April 1 of his/her intention
to return. The Division of Human Resources will mail a
reminder regarding this deadline at least two weeks prior to
April 1.
12.24.2 Upon expiration of the leave, a teacher shall be returned to the
school and subject area (see Section 11.4.6 D) where he/she
previously served.
12.24.3 If the teacher fails to notify the Division of Human Resources
by April 1, he/she will be placed in a county pool. The teacher
will be notified of their assignment to the county pool, and the
teacher must respond in person or by proxy to make a selection
of assignment at the county pool. Failure to respond to the
county pool placement will result in termination. The teacher
may appeal this termination if extenuating circumstances exist.
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The teacher will be eligible to reapply for employment
immediately if they so desire.
12.24.4 When conditions change for which a teacher takes leave, he/she
may transfer from leave to a temporary or permanent vacancy.
If the transfer is a temporary one, the position from which
he/she is on leave will be reserved for him/her. If the transfer is
a permanent one, either to a permanent vacancy or to a
temporary, regular contract appointment in a vacancy replacing
a teacher on leave, the vacancy in the school from which he/she
took leave will no longer be reserved.
13 INSURANCE AND INJURY BENEFITS
13.1
Insurance Solicitation
13.1.1 Because of the individual responsibility and competitive nature
of insurance selection, no solicitation of any type (in person, by
hand-out, by mail, etc.) will be allowed on School Board
property by any representative of an insurance company,
insurance agency, or any organization which makes insurance
of any type available, except as approved by the Board or
offered as a member benefit by CTA.
13.2
Health And Life Insurance Coverage
13.2.1 The School Board agrees to pay the premium for the employee
for a comprehensive medical insurance program.
13.2.2 The employee may insure his/her dependents with the School
Board’s comprehensive medical insurance program, provided
that he/she pays the additional premium and provided they are
enrolled within the first thirty days of employment or within the
first thirty days of a change in dependent coverage. Evidence
of insurability will be required during other times.
13.2.3 The School Board agrees to pay the premium for employee
coverage for term life insurance. The employee shall designate
a beneficiary for the payment of such coverage.
13.2.4 Teachers on leave or on retirement may continue insurance
coverage by paying the total premium on a monthly basis to the
school system.
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13.2.5 The Board shall continue to provide the employee’s health and
life insurance when the employee is granted any extended
health or maternity leave. However, this obligation shall not
extend past the end of the fiscal year in which the health leave
was initially granted. Illness beyond accrued sick leave shall
not be classified as a health leave.
13.2.6 Enrollment periods for health and other insurance shall include
professional assistance during extended hours to the extent
possible.
13.3
Pre-Tax Benefit Program
13.3.1 The Board shall make available to employees a pre-tax benefit
program that will allow employees to purchase insurance and
other benefits through pre-tax payroll deduction.
13.4
Tax Sheltered Programs
13.4.1 The Board will identify the companies authorized to sell
programs to teachers so long as they qualify and operate under
the adopted policies and procedures.
13.4.2 Any amendment to employee contracts for annuity purposes
shall be made in the period from August 18 through March 31
of any given year.
13.5
Income Protection And Cancer Insurance
13.5.1 The Board will continue the income protection and cancer plans
which have been available with the teacher bearing the
expense, as long as the two companies continue to allow
reasonable group rates, have enrolled a reasonable number of
employees which justifies the cost of the deduction, does not
place an undue burden on Hillsborough County Public Schools
resources, and abide by item 13.1 (Insurance Solicitation) of
this contract.
13.6
Personal Injury Benefits Resulting From Assaults/Batteries
13.6.1 Whenever a teacher is temporarily absent from school and
temporarily unable to perform his duties as a result of an
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assault/battery incurred in the scope and course of his
employment and not the result of his own negligence, he will
be paid his full salary less the amount of any workers’
compensation payment or award made for temporary disability
due to said assault/battery for the actual period of such
temporary absence, as verified by a doctor, for a total period of
up to 12 months from the date of such assault/battery. Such
pay shall not exceed the amount an employee is entitled to
receive under his contract. Absences directly attributable to an
assault/battery will not be charged to sick leave. See Section
15.2 for additional requirements.
13.6.2 The Board shall have the right to have the teacher examined by
a physician designated by the Board to assist it in determining
the length of time during which the teacher is temporarily
unable to perform his duties, and that the disability is
attributable to the injury involved. In the event there is an
adjudication of the period of temporary disability in the
appropriate workers’ compensation proceeding, the Board may
adopt such adjudication.
13.7
Reimbursement For Personal Property Losses Due To
Assaults/Batteries
13.7.1 Whenever a teacher’s personal property is soiled, damaged, or
destroyed by students or non-students as a result of personal
physical assaults, and when such losses occur in the
performance of his school duty and if recovery by the Board is
not possible through legal means, the teacher may obtain
reimbursement by submitting a memo to the Risk Management
Department explaining the circumstances. An additional memo
from the principal recommending reimbursement is also
required. Estimates for damages must be attached to the claim.
All such assaults must be reported in accordance with the
teacher assault policy (Section 4.2).
13.8
Workers’ Compensation Benefits (Also See Section 12.11)
13.8.1 If payment of salaries by the Board and payment of workers’
compensation benefits results in double payment for any period
of service, such overpayment shall be returned to the Board.
Board payments will cover up to the first ten workdays of
absence for each approved injury or illness with a maximum of
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ten such paid days each fiscal year. To receive more than one
paid day for an on-the-job injury, an employee must submit a
written excuse from work from a doctor or a medical facility.
After the employee goes off the payroll of the Board, the
compensation insurance shall be paid to the employee.
13.9
Notice Of Injury Report
13.9.1 All employees shall report on-the-job injuries to their
supervisor immediately. A Notice of Injury report shall be
completed in detail by the administrator or supervisor and
forwarded to the Supervisor of Risk Management and Safety in
the next school mail.
13.9.2 If medical treatment is required, the injured employee shall be
given a “Referral for Medical Treatment” form which will
enable him/her to report to a doctor or hospital for treatment
under Workers’ Compensation benefits. The supervisor shall
complete the top half of the form. The injured employee is
responsible for insuring that the bottom half of the “Referral for
Medical Treatment” form is completed by the doctor or hospital
at the time of treatment and is forwarded to Risk Management
and Safety in the next school mail. This form is proof of
medical treatment and/or excuse from work by a doctor.
Workers’ Compensation benefits will be delayed until this
proof is received by Risk Management and Safety.
An employee needing care from a doctor will be assigned such
medical care as per Statute 440.13.
If an in-the-line-of-duty injury results in an employee missing
work after the day of injury, the work location shall call Risk
Management and Safety by phone and inform them of the date
the employee returns to work.
14 RESIGNATION / RETIREMENT
14.1
Resignation
14.1.1 A teacher who wishes to secure a legal release from his contract
shall submit his resignation to the Board on a form adopted for
the purpose. The Board will expect the teacher concerned to
fulfill the contract until such time as a certified replacement has
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been secured or for a period not to exceed two weeks.
14.2
Retirement
14.2.1 A teacher planning to retire shall submit his resignation to the
Personnel and Human Resources Office at the time he submits
to the Retirement System his application for retirement
benefits. It is financially advantageous for all who plan to
retire to submit resignations and retirement records before the
last day of the month preceding that in which they will work
their last day.
14.3
Early Retirement Plan
14.3.1 The School Board shall provide an early retirement plan for
teachers hired before July 1,2007 with twenty-five or more
years of creditable service but less than twenty-eight years of
service and who have reached age 55 but are less than age 60
and have applied for retirement under the Florida Retirement
System no later than June 30, 2008. Teachers who become
eligible for the plan after June 30, 2008, but before July 1,
2010, may petition a District/CTA committee to request
entrance into the plan for an effective date no later than July 1,
2010. The Chief Officer of Human Resources and the
Classroom Teachers Association will select the employees who
will serve on this committee. The early retirement plan shall
provide for no more than the total difference in retirement
income between the retirement benefit based on average
monthly compensation and creditable service as of the
member’s early retirement date and the early retirement
benefits.
14.3.2 The early retirement plan document shall govern eligibility and
benefits.
14.4
Terminal Pay
14.4.1 In order to encourage and reward teachers who exercise
particular care in the maintenance of their personal health and
job attendance, the Board will provide terminal pay to teachers
upon termination of employment at retirement or to their
beneficiaries if service is terminated by death. All terminal pay
shall be paid in the month following retirement, but not more
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than two pay cycles following the employee’s last duty check.
The only exception to this procedure will be December retirees.
December retirees may request that terminal pay be paid in the
month of December for tax purposes. To allow sufficient
processing time for a December payment, a written request
must be given to the Payroll Department no later than
December 1. Terminal pay shall be:
A. During the first three (3) years of service with the School
Board, an employee will be paid 35 percent of his/her
daily rate of pay times the number of days he/she has
accumulated in sick leave.
B. During the next three (3) years of service with the School
Board, an employee will be paid 40 percent of his/her
daily rate of pay times the number of days he/she has
accumulated in sick leave.
C. During the next three (3) years of service with the School
Board, an employee will be paid 45 percent of his/her
daily rate of pay times the number of days he/she has
accumulated in sick leave.
D. During the next three (3) years of service with the School
Board, an employee will be paid 50 percent of his/her
daily rate of pay times the number of days he/she has
accumulated in sick leave.
E. During and after the 13th year of service with the School
Board, an employee will be paid 100 percent of his/her
daily rate of pay times the number of days he/she has
accumulated in sick leave.
14.4.2 Upon retirement, terminal pay will be calculated using a divisor
to determine the daily rate of pay as follows:
A. 196 for 10 month teachers
B. 216 for 11 month teachers
C. 236 for 12 month teachers
14.4.3 Employees shall be given the opportunity to participate in an
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exit
interview.
15 LAYOFF AND REEMPLOYMENT
15.1
Layoff And Reemployment
15.1.1 When programs are discontinued or cut back, the seniority of
teachers in such programs shall be the governing factor in
determining which teachers are laid off. When district-wide
vacancies are sufficient to absorb the unit reductions, the unit
loss procedures (Section 11.4.7) shall prevail. The following
procedure will be used:
A. The Superintendent and Assistant Superintendents shall
determine the area, subject or programs that will lose staff
positions for the coming year. Staff shall be laid off in
order of least continuous employment in the county within
the area of certification from which he/she is being
displaced (Specific subject in Industrial Education).
B. The Division of Human Resources will determine how
many staff positions in the area, subject or program to lose
units are planning to retire, resign or go on leave for the
coming year. That number shall reduce the amount of
staff members to be laid off the coming year.
C. A teacher to be laid off, who is certified in another area or
subject in the bargaining unit, shall have the right to a
vacant position in such area or subject.
D. A teacher who has been laid off shall have the option,
based on seniority, to select a vacancy in an area for which
he/she is not certified provided such laid off teacher signs
an agreement to earn six semester hours per year in order
to be certified in the new subject area to begin in the
second year of the assignment. This applies to bachelor’s
degree or higher only.
E. Laid-off teachers shall have first option for accepting
reemployment on a seniority basis, as vacancies for which
they are certified open within the bargaining unit until a
period of two years has lapsed. No new teachers shall be
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employed during the two-year period until all teachers in
subject areas laid off from such assignments have been
offered a position.
15.1.2 Upon reemployment, all rights related to salary, fringe benefits,
and seniority shall be fully restored.
15.1.3 Laid-off teachers may pay the total premium for group life and
hospitalization insurance for a period not to exceed two years.
16 CERTIFICATION AND RENEWAL PROCEDURE
16.1
Registration Of Certificate
16.1.1 Each teacher must hold a valid Florida certificate issued by the
State Department of Education or a valid District certificate
issued by the School District of Hillsborough County. It is the
individual teacher’s responsibility to keep his certificate active;
however, the Office of Professional Standards will aid the
teacher in filling out forms, processing renewals, and when
required, mailing them to the State Department of Education.
16.1.2 Each teacher must register his/her state-issued certificate
(temporary, professional, renewal, upgrade, or addition), with
the Office of Professional Standards within thirty (30) days
after receiving it from the State Bureau of Teacher
Certification. However, if a teacher has applied for the
certificate through the Office of Professional Standards, the
Bureau of Teacher Certification will mail a copy directly to the
District.
16.2
Certificates Required For Tenure
16.2.1 Only teachers who hold a regular or professional certificate are
eligible to gain tenure in Hillsborough County.
16.3
Teaching Out-Of-Field
16.3.1 Teachers shall not be assigned to subjects not listed on their
teaching certificate except in accordance with the regulations of
the State Board of Education and for good cause shown.
A. All teachers who are teaching out-of-field shall be required
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to complete, with a grade of "C” or higher, six semester or
eight quarter hours or the equivalent toward meeting
certification requirements, or pass the subject area exam,
within 12 months of having accepted the assignment.
Teachers who fail to complete the annual requirements
will not be eligible for transfer or placement to another
out-of-field assignment until the requirements are met.
B. Teachers who are teaching out-of-field shall be evaluated
for knowledge of subject matter with consideration given
to the lack of complete certification.
C. Teachers who are teaching out-of-field because of pool
placement shall not be evaluated for knowledge of subject
matter.
D. When the teacher is out-of-field in a subject area, and is
also fulfilling a 300 hour ESOL requirement, the ESOL
course work may be substituted for one course (3 hours or
60 inservice points) within the six-hour requirement,
unless there is no current ESOL requirement.
16.4
Certificate Extension
16.4.1 Certificates which are eligible for renewal or extension shall be
renewed or extended under the rules of the Department of
Education and/or the School District of Hillsborough County
prescribing such additional training, experience and
competencies as may be deemed necessary for said renewal or
extension.
16.4.2 A teacher who is teaching on a special permit, that is, a college
graduate who is not certified in the field of this assignment,
must meet requirements by earning six semester or eight
quarter hours (or the equivalent) in the field of his assignment
annually in order to be eligible for reappointment. This course
work may be in addition to course work needed for certificate
extension.
17 PERSONNEL REQUIREMENTS
17.1
Verification Of Experience
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17.1.1 Salary credit for experience will be given initially for
experience according to 17.3. in this contract. Adjustments
will be made as needed when verification of experience is
received in the Division of Human Resources. Teachers
resigning prior to verification of previous teaching experience
and/or recording of a valid certificate in the Division of Human
Resources shall receive a final check at the rate of pay
established at the time of resignation. Checks will be withheld
from teachers who have not furnished proof that they have met
requirements and applied for a valid certificate at the time of
employment processing. Short-term employees must record a
certificate, or file application, furnishing evidence of having
met requirements, prior to the release of their final check.
17.2
Procedure For Changing Name, Address And Telephone
Number
17.2.1 All teachers shall report in writing their name, address and
telephone number to their immediate supervisor. Any change
in name, address and telephone number will be reported
immediately to their immediate supervisor.
17.2.2 All teachers shall report in writing changes of name, to the
Professional Standards Department, and changes of address and
telephone number to the Data Processing Clerk at their
worksite. If a teacher changes her name, the change must be
made on her teaching certificate by the State Department of
Education at the teacher’s next regular certificate renewal.
Name changes on records cannot be made until a new Social
Security card has been recorded in the Division of Human
Resources.
17.3
Allowable Teaching Experience
17.3.1 Teachers shall be granted experience for all verifiable public
school years of experience.
17.3.2 Teachers who take a leave of absence from a Hillsborough
County position to work in another school district will not
receive salary credit for that year upon their return.
17.3.3 Teachers employed after July 1, 1981, shall be allowed up to
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seven years credit for previous experience in public or private
schools and colleges, provided they were employed in full-time
teaching positions and held at least a four year college degree
during the period of employment. Effective March 2002,
teachers shall be granted experience credit for all years of
experience not previously granted. Non-degreed JROTC
Instructors shall be eligible for up to seven years credit for
previous ROTC teaching experience. Credit will not be granted
for half-day teaching in private or public schools other than the
Hillsborough County Public School System.
17.3.4 Any person who left a teaching position to serve in the Armed
Forces of the United States during a national emergency or in
the Peace Corps; and had, at the time of his entering the service
or the Peace Corps, a bachelor’s degree, may receive full
experience credit up to five years or for the duration of the
emergency.
17.3.5 Speech Language Pathologists shall be granted experience
credit for all full years of therapy with children.
17.4
Work Experience In Lieu Of Teaching Experience
17.4.1 Upon entering employment with the Board, health science, data
processing technology, law enforcement, firefighters, food
production with Quantity Foods Certification, and industrial
qualified and certified instructors may apply to the Assistant
Superintendent for Curriculum and Instruction for work
experience in the related area in lieu of teaching experience.
Any work experience granted is applicable only as long as the
teacher remains in the area for which the work experience was
granted. For teachers employed after July 1, 1981, up to seven
years of experience credit may be granted according to the
provisions of this section.
17.4.2 The combined total of work and teaching experience cannot
exceed seven years. Credit for teaching experience of seven
years or greater shall eliminate credit for work experience.
Effective March 2002, teachers shall be granted experience
credit for all years of experience not previously granted.
Vocational teachers who require academic preparation will not
be granted work experience credit after July 16, 1974.
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17.4.3 Work experience must constitute full-time employment and
credit will not be given for part-time employment.
Employment for nine (9) continuous calendar months in any
one year will be accepted as a year’s work experience in lieu of
teaching experience. Effective July 1, 1989, salary credit for
pre-kindergarten and private speech therapy experience, will be
granted upon verification by the Division of Human Resources,
not to exceed a combined total of seven years credit.
17.5
Definition Of A Year’s Teaching Service
17.5.1 Excepting military and professional leave, a year’s credit for
teaching experience shall be allowed an instructor who has
served half the total plus one day of the annual paid contracted
work days. A year’s credit shall be allowed for each year of
approved military or professional leave granted by the Board.
17.6
Salary
17.6.1 Teachers shall be paid on a biweekly schedule which reflects
their degree and experience. Degree changes that occur during
the school year will be effective as of the original date the
higher degree was conferred by an accredited university or
college. It shall be the responsibility of the teacher to submit an
official transcript to the Division of Human Resources to be
placed in the teacher’s personnel file confirming the degree
awarded date. Salary changes will not be made until an official
transcript is received and recorded in the Division of Human
Resources.
17.6.2 Salary for the extended year/MSC Intersession program shall
be equal to the hourly salary received during the regular school
year immediately prior to the beginning of the extended year
program.
17.6.3 Junior ROTC personnel shall be paid for 253 days of service
under one of the following formulas. Each instructor shall
select the formula he/she prefers. Once the instructor selects
his/her preferred formula, that method of compensation shall
remain in effect.
A. ROTC personnel will be paid in the amount, which, when
added to retirement pay, will equal the amount of his/her
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active duty pay and allowance. Reimbursement by the
Federal Government will be made at the individual’s
retirement pay and his/her active duty pay and allowance.
The School Board will not adjust downward its portion of
this contract during the contract year.
B. Regular teacher’s salary based upon an appropriate rank
and experience.
17.6.4 Salary and supplements shall be based upon the negotiated
schedules.
17.6.5 Paychecks and W-2 forms shall be distributed within the
workday in a manner to guarantee confidentiality. When
necessary, paychecks and W-2 forms shall be sealed-mailed to
the employee’s current address.
17.6.6 New employee paychecks will be direct deposited to a local
financial institution of the employee’s choice from a list
approved by the School Board. Current employees who are not
on direct deposit will have until June 30, 2010 to enroll. Ten
month employees shall have the option of having their annual
salary paid over a twelve month period. Ten month employees
electing this option shall sign up for the extended year
payments program which will provide four (4) paychecks
during the summer recess.
17.6.7 The following payroll deductions shall be shown cumulatively
on the pay stubs beginning on January 1 and ending on
December 31 of each year:
A. Gross Salary
B. Taxable Gross Salary
C. Withholding Taxes
D. F.I.C.A.
E. Sick Leave Balance
F. Vacation Balance
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G. Extended pay year (12 month payment instead of 10)
17.6.8 Social Security numbers shall be secured from access.
18 AUXILIARY EMPLOYMENT
18.1
General Provisions
18.1.1 The School District of Hillsborough County and the
Hillsborough Classroom Teachers Association agree to the
deletion of all general provisions listed under Auxiliary
Employment. New provisions will be collaboratively
bargained and reestablished through a Memo of Understanding
for future use.
18.2
Extended Year Program For Remediation And/Or
Enrichment (Summer School)
18.2.1 The Assistant Superintendent for Administration shall identify
the school centers that will be open for the extended year
program.
18.2.2 The Assistant Superintendent for Administration shall specify
which sites will be sending students to open one through five
sites.
18.2.3 Elementary feeder school students and students from the center
attending the extended year program will be listed and sent to
the extended year program center administrator.
18.2.4 Teachers desiring to be employed in the extended year program
shall make application to their building administrator to be
forwarded to the Division of Human Resources.
18.2.5 Each building administrator shall develop a list, by subject area
(elementary shall be considered a subject area), of those
teachers who have applied for employment in the extended year
program. This list shall be sent to the extended year program
center administrator.
18.2.6 A list of students to attend the extended year program will be
sent from the closed site to the appropriate one through five
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site.
18.2.7 The open site administrator shall hire qualified applicants from
each closed site, in proportion to the number of each school’s
students attending the site, within each subject area.
18.2.8 Seniority shall be used to determine those teachers who will
lose employment within each subject area when enrollment is
not sufficient to maintain teacher units at a school site. Unit
loss shall occur by whole units. The loss of one unit will not
affect more than one teacher unless it is voluntary.
18.2.9 Normally, administrators shall hire from among the available
certificated personnel for extended year employment prior to
seeking out-of-field personnel.
18.2.10 Magnet schools receiving students from Feeder schools for the
Extended Year Program shall hire qualified applicants from the
Feeder schools in proportion to the number of students
attending the Magnet School Extended Year Program.
18.2.11 Modified School Calendar Intersession Program and
application and hiring procedures shall occur for each MSC
Intersession within a school year.
18.2.12 Seniority shall be used to determine those MSC employees who
will lose employment when enrollment is not sufficient to
maintain units for program.
18.2.13 Any MSC teacher not employed during an intersession and that
is interested in auxiliary employment, shall be eligible for
substitute teaching opportunities available in the district during
the intersession time period. This substitute employment will
be paid at the current rate of pay for substitute teachers.
19 SUPPLEMENTED POSITIONS
19.1
Supplemented Positions
19.1.1 A supplemented position is a contracted position paying a
supplemental salary to a teacher because of additional duties
and responsibilities. The acceptance of a supplemented
position is binding on both the principal and the teacher under
the following conditions:
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19.1.2 Group I Supplements
A. Group I supplemented positions shall include Department
Heads, Head Counselors, Head Football Coach, Head
Volleyball Coach, Head Basketball Coach (Boys and
Girls), Head Baseball Coach, Head Softball Coach, Head
Track Coach (Boys and Girls), Head Wrestling Coach,
Head Soccer Coach (Boys and Girls), Head Swimming
Coach (Boys and Girls), Varsity Cheerleader Coach,
Dancerette Coach, Business Manager, Band Director,
Choral Director, Orchestra Director and Subject Area
Leader (Middle school).
B. Group I supplemented positions will be considered to be
under a continuing contract. If a teacher who holds a
Group I contract voluntarily decides to relinquish his/her
supplemented position at the end of a school year, he/she
shall inform the administrator prior to the allocation of
units for the following year in order that he/she may be
given the option of being placed in the pool for
reassignment or remaining at his/her current school if there
is an unearmarked vacancy in his/her last teaching
assignment. If the administrator wishes to terminate a
teacher from a Group I supplemented position, he/she
must do so in the time period prior to the establishment of
pools for the coming year. A teacher who is terminated
from a Group I position shall be entitled to an
administrative review under the conditions cited in 21.3.1
through 21.3.5, with the exception that if the review
upholds the termination, the teacher shall lose his/her
supplemental status and be given the option of being
placed in the pool for reassignment or remaining at his/her
current school if there is an unearmarked vacancy in
his/her last teaching assignment.
C. Administrators shall have the right to reserve positions for
Group I supplements in the following manner: A list of all
subject area vacancies shall be forwarded to the Division
of Human Resources before pool placement. Included in
that list shall be a list of vacant Group I supplements.
Transfer will be possible to all vacant positions in
accordance with transfer policy during initial transfer
period. At the close of the initial transfer period, subject
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area vacancies shall be paired with vacant Group I
supplements and be removed from the list of positions
available to the pool and shall be listed as positions
reserved for Group I supplements.
D. Changes in positions reserved for Group I supplements can
only be made by application through the Division of
Human Resources.
E. A teacher holding a Group I supplement will not normally
be transferred due to a unit loss. (See Section 11.4.8).
F. Teaching positions may not be reserved for attachment to
Group I supplements if the Deputy Superintendent
determines that such positions are needed for pool
placement.
19.1.3 Group II Supplements
A. Group II supplemented positions shall include Yearbook
Sponsor, Newspaper Sponsor, Majorette Sponsor, Drama
Director, Middle School Team Leader, Elementary School
Team Leader, and Elementary Safety Patrol Coordinator.
B. Group II supplemented positions are voluntary. However,
the acceptance of a Group II supplemented position is
binding on both the principal and the teacher for the
school year.
C. Administrators shall not have the right to earmark teaching
positions for Group II supplements.
D. A teacher holding a Group II supplement will not normally
be transferred due to unit loss (See Section 11.4.8)
E. A teacher and/or the principal shall determine continued
employment in a Group II supplement prior to units being
allocated.
19.1.4 Group III Supplements
A. Group III supplemented positions shall include all
supplemented positions not specifically included in
Groups I and II.
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B. Group III supplemented positions are voluntary. However,
the acceptance of a Group III supplemented position is
binding on both the principal and the teacher for the
school year.
C. Administrators shall not have the right to earmark teaching
positions for Group III supplements.
D. A teacher holding a Group III supplement shall not be
exempt from transfer due to a unit loss.
19.1.5 General Provisions
A. Teachers shall have the right to be contracted for no more
than three supplemented positions.
B. Principals shall have the authority to contract with teachers
from other schools to fill a supplemented position.
C. Principals shall post supplemented positions becoming
vacant within the school as soon as the vacancy exists and
allow ten working days to interview interested teachers.
After completing the interview process, the principal will
announce his/her decision.
D. Age, race, creed, color, national origin, gender, marital
status, or membership in any teacher organization shall not
be a factor when employing persons into supplemented
positions.
E. The acceptance of supplemented positions in Group II and
III shall be voluntary on the part of the teacher and refusal
to accept such assignments shall not affect regular
employment.
19.1.6 Teachers holding Group I athletic supplemented positions who
receive extended leaves that impact their coaching obligation
shall relinquish that supplemented position as a condition of
taking the leave and shall have the option of being placed in the
pool for reassignment to another secondary school or accepting
an unearmarked vacancy in the teacher’s last teaching
assignment at his/her current school.
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19.1.7 Teachers who hold Group II and Group III supplemented
positions and who receive an extended leave shall relinquish
the supplemented position. The principal shall have the option
of reinstating the teacher on leave to the supplemented position
when he/she returns or of retaining the replacement in the
supplemented position.
20 TEMPORARY ASSIGNMENTS
20.1
Temporary Assignments
20.1.1 Any teacher replacing one on leave shall have a temporary
assignment. A temporary teacher employed prior to and
including the first day of school shall be assigned regular
teacher status in the school in the event a regular position in the
area of his/her assignment becomes available prior to April 1.
20.1.2 All permanent positions filled prior to and including the first
day of the second semester shall be considered permanent
appointments. All positions filled after the first day of the
second semester shall be considered temporary appointments
with the exception of those areas deemed as critical shortage
areas by the Division of Human Resources. The Board, with
agreement from the Association, shall have the authority to
suspend this section and designate all positions filled during the
first semester as temporary. Anyone hired under these
circumstances shall be so notified in writing.
20.1.3 Principals are to consider teachers who are on a temporary
assignment prior to recommending new applicants. A
temporary assignment teacher has experience for an
administrator to evaluate. If the teacher has provided
“satisfactory” service to the county for a year or more, he
should be given preference over an unknown candidate.
Temporary teachers with overall satisfactory performance may
be employed into permanent positions prior to the traditional
Teacher Interview Day and the summer transfer period.
20.1.4 Temporary appointments may be made for thirty-one (31)
calendar days or more. Additional appointments may be made
for thirty-one (31) calendar days or longer periods of time.
Prior to accepting a temporary teaching position, teachers shall
be notified in writing that the position is temporary. The
teacher will attach his/her signature to indicate proper
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notification. Absent the appropriate notification, the teacher
shall be made permanent prior to unit allocation.
20.1.5 Any temporary appointment, regular contract teacher assigned
to a screened position at another work location (except as
described in 20.1.1) will be placed in the pool of his/her
previous assignment at the end of the school year.
21 PERSONNEL FILES AND TEACHER EVALUATION
21.1
Personnel Files
21.1.1 All teacher files shall be maintained under the following
conditions:
A. All material placed in a teacher’s file and originating
within the school district shall be available to the teacher
or the teacher’s CTA representative at his/her request for
inspection. Material originating within the school district
which is derogatory to a teacher’s conduct, service,
character or personality shall not be placed in a teacher’s
file unless the teacher has had an opportunity to read it.
The teacher shall acknowledge that he/she has read such
material by affixing his/her signature to the actual copy to
be filed. Such signature in no way indicates agreement
with the content of such material. If the teacher refuses to
sign, the Division of Human Resources may file the
material. The teacher shall have a right to answer any
material filed and his/her answer shall be reviewed by the
Assistant Superintendent for the Division of Human
Resources and attached to the file copy. Before
disciplinary action is brought against a teacher, any
material to be used in the action must be reviewed with the
teacher.
Site administrators shall not incorporate letters,
complaints, or personal notes into the evaluation process,
which have not been reviewed with the teacher.
B. Teachers and other persons shall have the right to duplicate
any information in personnel files.
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21.2 Evaluation Of Instructional Personnel
21.2.1 The negotiated evaluation instruments and procedures
contained in a separate document entitled “Handbooks for
Instructional Personnel Assessment” is hereby specifically
incorporated by reference as a part of the contract.
21.3
Procedures For Teachers Not Renominated
21.3.1 When an annual contract teacher is not renominated, the
reasons for such non-renomination shall be given to the teacher
in writing with a copy to be sent to the Division of Human
Resources with the renomination list, but not later than
March 30. Teachers who are not renominated may request an
administrative review before a committee made up of the
Assistant Superintendent for Personnel and Human Resources,
the General Director of Employee Relations, and the
appropriate General Director of Instruction. The administrative
review will also be attended by the parties involved including
the appropriate director(s) and the Association staff member.
21.3.2 A request for review shall be made by the teacher or through
the Association to the Assistant Superintendent for the Division
of Human Resources no later than fifteen workdays after notice
of non-renomination is received. Upon receipt of the request, a
date for review shall then be set by the committee. No review
of a teacher non-renomination shall be set earlier than fifteen
nor later than thirty workdays after a request is received by the
Chief Officer for Human Resources. In the event the number of
non-renominations exceeds the number of reviews that can be
accommodated within the current language timeframe, the
Hillsborough Classroom Teachers Association shall be notified.
21.3.3 The Administrative Committee shall have the authority to make
the following decisions:
A. Confirm the non-renomination and advise the teacher he is
ineligible for reemployment in Hillsborough County
Public Schools until the conditions change for which the
teacher was not renominated.
B. Overturn the non-renomination and:
1. Leave the teacher in the same school.
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2. Transfer the teacher to another school.
3. Place the teacher on fourth year probation.
C. The administrative review committee upholding a non-
renomination may impose restrictions or sanctions on
future employment in Hillsborough County Schools.
A non-renominated teacher may be required to present
evidence of up to three years of successful teaching
before employment will be reconsidered.
21.3.4 Within seven workdays of having heard the appeal, the
Administrative Committee shall issue a written decision to the
parties involved.
21.3.5 A teacher may grieve a non-renomination review on procedural
grounds but not the final decision of the Administrative
Committee as outlined in 21.3.3.
21.4
Differentiated Pay
21.4.1 A teacher receiving an overall unsatisfactory evaluation or a
teacher receiving two consecutive overall needs improvement
evaluations shall not receive any salary increase for the
succeeding school year. Such teachers shall not be eligible for
salary increases until such time as they receive an overall
satisfactory evaluation.
21.4.2 A teacher receiving an overall unsatisfactory evaluation or a
teacher receiving two consecutive overall needs improvement
evaluations shall be eligible for a salary increase in the year
following attainment of an overall satisfactory evaluation
subject to negotiations between the School District of
Hillsborough County and the Hillsborough Classroom Teachers
Association.
21.4.3 A teacher receiving an overall satisfactory evaluation shall be
eligible for a salary increase in the year following his/her
overall satisfactory evaluation subject to negotiations between
the School District of Hillsborough County and the
Hillsborough Classroom Teachers Association.
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21.4.4 A teacher demonstrating outstanding teaching performance as
determined by qualification for the state and district sponsored
Excellent Teaching Program and certification by the National
Board of Professional Teaching Standards (NBPTS) shall be
eligible for the financial award specified in state law for each
year of valid certification.
21.4.5 National Board Certified Teachers (NBCT’s) shall also be
eligible to receive a mentoring bonus, the amount and rules for
which are specified in state law.
21.4.6 A teacher receiving the NBPTS certification will be
disqualified from this award if, at any time, he/she receives an
overall unsatisfactory evaluation.
21.4.7 Highly qualified teachers, as defined by state and federal
statute, who teach in Renaissance Schools (90% or above of
students on free and reduced lunch) shall be paid a salary
differential of 5% for 5 years or less experience or a salary
differential of 10% for 5 years prior experience.
21.4.8 NBCT’s who teach in Renaissance Schools shall receive an
additional salary differential of $4500 subject to negotiations
between the School District of Hillsborough County and the
Hillsborough Classroom Teachers Association.
21.4.9 All high performing school-based instructional personnel are
eligible to receive a financial bonus as provided in
Hillsborough’s Merit Award Program, (MAP). The bonus
amount will be equal to no less than 5% of the average teacher
salary in Hillsborough County as calculated by the Florida
Department of Education. Continuation of MAP is guaranteed
only to the extent that funding is provided by the Florida
Legislature. Details of MAP eligibility will be available for
viewing by accessing the IDEAS Desktop and clicking on the
Personnel Procedures Icon.
21.4.10 All tenured school-based instructional personnel may
voluntarily participate in the district’s Instructional Pay for
Performance Plan. Teachers must declare intent to participate
by October 1 of each school year. Teachers scoring
Outstanding as measured by the spring Instructional
Performance Assessment Instrument and who provide a
portfolio as indicated in the online handbook, may be eligible
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for a salary supplement of 5% to be paid the following school
year. All details and instructions may be viewed by accessing
the IDEAS Desktop and clicking on the Personnel Procedures
Icon.
21.4.11 The School District of Hillsborough County and the
Hillsborough Classroom Teachers Association agree to
continue to explore additional methods and provisions for
recognizing outstanding teaching performance and to
recommend specific monetary awards for this purpose.
22 TENURE
22.1
Tenure Procedure
22.1.1 Tenure has been provided for Hillsborough County teachers by
legislative act.
22.1.2 To be eligible for tenure and to remain on tenure, the teacher
shall have a regular valid Florida teacher certificate.
22.1.3 New teachers shall have completed three consecutive years of
teaching in Hillsborough County and shall have received a
fourth appointment without reservation. A teacher who has
previously held continuing contract in any county in this state
shall serve a probationary period of two consecutive years, and
shall have received a third appointment without reservation.
22.1.4 When an administrator has reservations concerning a
probationary teacher’s performance, prior to granting tenure,
said teacher may be required to serve a fourth year of
probation. Reasons shall be given in writing to the teacher and
a copy submitted to the Division of Human Resources with the
recommendation for renomination to a fourth probationary year
on annual contract.
22.1.5 A teacher who is promoted to a higher position or transfers to a
position other than classroom teaching may qualify for tenure
in the new position.
22.1.6 A teacher may earn tenure in any of the positions included in
the teacher bargaining unit.
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22.1.7 A tenure teacher may be employed into a temporary
appointment.
22.1.8 Non-tenured teachers who are employed in a temporary
position of a year or more duration shall be credited with that
time for purposes of tenure.
22.1.9 A copy of the tenure law shall be placed in each work location.
23 SUSPENSION / DISMISSAL
23.1
Suspension
23.1.1 When a teacher is involved in an incident related to his/her
employment which the Superintendent feels warrants his
review, the Superintendent shall hold a hearing with the parties
involved in order to insure due process.
Within ten days after the review, the Superintendent will send
his findings to the teacher. Under this provision, the teacher
may be suspended without pay up to ten days.
Any Hillsborough County teacher who is recommended to be
suspended from duty may be reassigned to office duties in lieu
of suspension by the Office of Professional Standards.
23.1.2 If the teacher does not agree with the Superintendent’s findings,
he may appeal the Superintendent’s decision to the School
Board in writing within ten days. After the ten day period, the
Superintendent’s decision is final.
23.1.3 Upon appeal, the Board will review the issue within two
official Board meetings after the request is made. The Board
will submit its decision to the teacher within ten days after the
review.
23.2
Suspension Prior To Dismissal Proceedings
23.2.1 Any Hillsborough County teacher arrested for a felony, or for a
misdemeanor involving moral turpitude, may be immediately
suspended from duty by the Superintendent according to the
following procedure:
A. The Superintendent will notify the individual involved that
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he is relieving him of his assigned duties and is
recommending him for suspension as of this date.
B. The Superintendent will notify the individual that he will
recommend to the Board at its next meeting that
proceedings be initiated.
C. The Superintendent will file charges against the teacher
with the Board and request that a date be set to hear the
charges.
D. The charges will be served on the teacher with a notice of
time and place of the hearing. The teacher must be served
notice of the charges not less than ten days prior to such
hearing.
23.3
Dismissal From Employment
23.3.1 Any Hillsborough County teacher may be discharged from
employment in accordance with the grounds and procedures set
forth in the Hillsborough County Teacher Tenure Act.
23.3.2 The record of assistance provided for a teacher, shall be entered
into evidence at any teacher dismissal hearing.
23.3.3 All conferences with teachers related to unsatisfactory
performance after a teacher has been notified that dismissal
proceedings are contemplated shall be summarized in writing
by the administrator with a copy furnished to the teacher. The
teacher shall have the right to have a representative from the
Association staff present at a conference related to teacher
dismissal.
23.3.4 A teacher may submit written comments to be filed with a
summary to any disagreement on the content.
23.3.5 Teachers under contract with the Board shall not be required to
submit to a psychiatric examination unless the Superintendent
contemplates bringing charges against said teacher pursuant to
the Teacher Tenure Law. If such examination is requested, it
shall be at the Board’s expense. The institution of such a
request and the results of the test shall be kept confidential by
the Board unless formal charges are brought.
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23.3.6 Teachers may request the building representative to be present
at any meeting or conference related to a teacher’s conduct or
performance. The building representative will provide counsel
to the teacher and act as a witness during the conference.
23.3.7 Teachers may request a member of the Association staff to be
present at any meeting or conference related to a teacher’s
conduct or performance where a county-level administrator is
present.
24 GRIEVANCE PROCEDURE
24.1
Purpose Of Grievance Procedure
24.1.1 The purpose of this procedure is to secure, at the administrative
level closest to the aggrieved person, equitable solutions to the
problems which may from time to time arise affecting the
welfare or working conditions of instructional personnel. Both
parties agree that the proceedings shall be confidential at any
level of the procedure.
24.1.2 To provide a standard procedure for certified personnel, the
Board hereby adopts one procedure which shall be used by
instructional personnel. The following definitions, purpose,
and procedure shall be observed.
24.2
Definitions (Grievance Procedure)
24.2.1 A “grievance” is a claim based upon an event or condition
which affects the welfare and/or terms and conditions of
employment of a teacher or group of teachers and/or alleged
misinterpretation or misapplication of any of the provisions of
the agreement and/or Board policies which have not been
resolved as a result of the pre-grievance conference with the
principal in the office at the school center, or immediate
supervisor elsewhere. Only grievances based upon a dispute
involving the misinterpretation or misapplication of the
agreement shall be arbitrable. All other grievances shall have
Level III as the final step.
24.2.2 An “aggrieved” person is the person or persons making the
claim.
24.2.3 A “party in interest” is the person or persons making the claim
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and any person who might be required to take action or against
whom action might be taken in order to resolve the claim.
24.2.4 The “Association” refers to the teacher employee organization
that is recognized as the exclusive bargaining agent.
24.2.5 The term “instructional personnel” shall be deemed to apply to
and include teachers and other employees of the Board who are
included in the teachers bargaining unit.
24.3
Rights Of Instructional Personnel To Be Represented
24.3.1 CTA members shall have the right to be represented at Level I
by the Association’s building representative or a member of the
Association staff.
24.3.2 CTA members shall have the right to be represented at Level II
and above by a member of the Association’s staff.
24.3.3 A teacher has the right to represent himself/herself at Levels I,
II, and III of the grievance procedure.
24.4
Miscellaneous
24.4.1 If, in the judgment of the Association, a grievance affects a
class of instructional personnel, the Association may submit
such grievance in writing directly to the Superintendent, and
the processing of such grievance shall be commenced at Level
II. The Association shall have the unilateral ability to file a
grievance at Level II in its own name as a result of a procedural
decision at the county level.
24.4.2 Decisions rendered at all levels will be in accordance with the
procedures set forth by Board policy, rules and regulations of
the State Department of Education, Florida Statutes, and this
agreement.
24.4.3 Documents, communications, and records dealing with the
processing of a grievance will not be placed in the personnel
file of the participants.
24.4.4 Forms for filing grievances, serving notices, taking appeals,
making reports, and recommendations and other necessary
documents will be jointly prepared by the County
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Superintendent and the Association and given appropriate
distribution so as to facilitate operation of the grievance
procedure. Each form will be in duplicate and signed by both
parties, with each party retaining a copy.
24.4.5 The Board and Association agree to make available to the
aggrieved person and his representative all pertinent
information not privileged under law or Board policy, in its
possession or control, and which is relevant to the issues raised
by the grievance.
24.4.6 When it is necessary at Level II or III for a teacher to attend a
meeting or hearing during the school day, the Superintendent’s
office shall so notify the principal of such teacher, and he shall
be released without loss of pay and with a substitute provided
for such time as his attendance is required at such meetings or
hearings.
24.4.7 No grievance shall be recognized unless it shall have been
presented at the appropriate level within thirty school days after
the aggrieved person knew of the act or condition on which the
grievance is based, and if not so presented, the grievance will
be considered as waived.
24.4.8 No reprisals of any kind will be taken by the Board or by any
members of the administration or instructional personnel
against any party in interest, any building representative, or any
other participant in the grievance procedure by reason of such
participation.
24.4.9 The Chief Officer for Human Resources shall be provided a
written report at each level by the appropriate administrator,
stating the grievance, decision reached, and the basis for such
decision. Copies of said reports shall be provided to the
Association on request.
24.5
Procedures
24.5.1 Since it is important that grievances be processed as rapidly as
possible, the number of days indicated at each level should be
considered as a maximum, and every effort should be made to
expedite the process. The time limits specified may, however,
be extended or reduced by mutual agreement.
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24.6 Pre-Grievance Conference
24.6.1 Before a dispute enters the grievance process, the teacher must
request a conference with the principal or other immediate
supervisor to discuss and attempt to resolve the problem. This
conference shall precede all other steps in the grievance
procedure and the administrative review referred to in Section
8.2. No grievance shall be recognized unless it shall have been
presented at the appropriate level within thirty school days after
the aggrieved person knew of the act or condition on which the
grievance is based, and if not so presented, the grievance will
be considered as waived.
24.7
Level I
24.7.1 If the pre-grievance conference with the principal or immediate
supervisor as defined in Section 24.6 fails to solve the
grievance, the person or Association will file on a Level I form
the grievance with his principal or immediate supervisor, either
directly or together with the Association’s designated building
representative or staff member, with the objective of resolving
the grievance. A written disposition of the grievance will be
given to the party in interest within ten school days. Before a
principal may make a written disposition of an adverse decision
concerning a grievance, he must confer with his area general
director.
24.8
Level II
24.8.1 If the aggrieved person is not satisfied with the disposition of
his grievance at Level I, or if no decision has been rendered
within ten school days after he has first met with the
appropriate principal, he may file the grievance on a Level II
form with the Superintendent, with a copy to the General
Manager for Employee Relations, either directly or through the
Association’s representative after a decision by the aforesaid
principal, within ten school days. The Superintendent and/or
his designee shall have ten school days after receipt of the
grievance in which to hold a hearing.
24.8.2 The parties to the grievance may summon witnesses by
notifying the General Manager for Employee Relations in
writing. The General Manager for Employee Relations will
notify the parties involved and witnesses of the date, time, and
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place of the hearings.
24.8.3 Those permitted in the hearing room during the Level II
grievance hearing will include:
A. The Superintendent and/or his designee.
B. General Manager for Employee Relations, Hearing
Officer.
C. Those named as filing the grievance, or in the case of a
large group, representatives of that group.
D. CTA staff person, representing the grievant.
E. School system administrators involved in the grievance.
F. The General Area Director, representing the
administrator(s).
G. Secretaries to record the proceedings.
H. Other parties as deemed necessary by either the CTA or
the administration.
24.8.4 The complete proceedings at Level II shall be recorded on tape.
24.8.5 Witnesses will remain in another room and will be called
individually to testify. The Superintendent and/or his designee
shall brief each witness as he enters the hearing room about the
grievance. After the briefing, witnesses shall give a brief
background and relate their experience with reference to the
grievance.
24.8.6 The Superintendent shall render a written decision within ten
(10) work days of the Level II hearing. Said decision shall be
addressed to the grievant with copies to the other parties of
interest.
24.8.7 All hearings held at Level II shall be in closed sessions and no
news releases shall be made concerning progress of the
hearings.
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24.9 Level III
24.9.1 If the aggrieved person is not satisfied with the disposition of
his grievance at Level II, or if no decision has been rendered
within fifteen school days after the Level II hearing, he/she
may file the grievance on a Level III form with the School
Board through the Superintendent, with a copy to the General
Director for Employee Relations, either directly or through the
Association’s representative within five school days after a
decision by the Superintendent, or fifteen workdays, whichever
is sooner.
24.9.2 Upon receipt of the appeal to Level III, the Superintendent shall
notify the Board. The Board’s secretary shall schedule a Level
III hearing at the next available date.
24.9.3 The Superintendent and/or his designee shall submit a written
report to the School Board and a copy to the Association. The
report should set forth findings of facts, reasoning and
conclusions on the issues presented at Level II.
24.9.4 The Association staff person shall submit a written report to the
Board through the Superintendent and/or his designee. The
report should set forth findings of facts, reasoning and
conclusions on the issues presented at Level II.
24.9.5 Prior to the Level III hearing, the General Director for
Employee Relations shall provide the Board and the
Association with a verbatim record of the Level II hearing with
supporting documents. In addition, they both shall be provided
all the documentation to be considered at the Level III hearing.
24.9.6 The Level III hearing before the Board shall be an appeal of the
Superintendent’s decision at Level II. No witnesses shall be
called and new evidence shall not be introduced.
24.9.7 The Level III hearing shall adhere to the following format:
A. The Association staff person (or grievant) shall have 15
minutes to present the grievant’s appeal.
B. The Superintendent (or designee) shall have 15 minutes to
justify the Level II decision.
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C. The Association staff person (or grievant) and the
Superintendent (or designee) shall each have five minutes
for rebuttal.
D. The Board shall have the authority to question the
representatives making the presentation.
E. The Association staff person and the Superintendent (or
designee) shall each have two minutes for closing remarks.
F. The Board shall render its decision.
24.10
Level IV
24.10.1 If the grievance is not solved at Level III to the grievant’s
satisfaction, or if a written decision is not submitted within the
designated time limits of Level III, the Association may move
the grievance to arbitration by filing a Level IV form with the
Superintendent.
24.10.2 Within ten school days of receipt of the Level IV grievance, the
Superintendent and/or his designee will meet with the
Association for the purpose of selecting a mutually acceptable
arbitrator.
24.10.3 If the parties cannot agree on an arbitrator within ten school
days, the American Arbitration Association or the Federal
Mediation Conciliation Service will be petitioned by the
Association to appoint an arbitrator.
24.10.4 The arbitrator shall confer with the representatives of the Board
and the Association and hold hearings promptly and shall issue
a decision. The arbitrator’s decision shall be in writing and
shall set forth findings of facts, reasoning, and conclusions on
the issues submitted. The decision of the arbitrator shall be
submitted to the Board and the Association and shall be final
and binding upon the parties.
24.11
Arbitrator Hearings
24.11.1 The arbitrator shall give at least ten days’ notice in writing to
the Association and the Superintendent of the time and place of
such hearing. The hearing shall be informal, and the rules of
evidence prevailing in judicial proceedings shall not be
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binding. Any and all documentary evidence and other data
deemed relevant by the arbitrator may be received in evidence.
The arbitrator shall have the power to administer oaths and to
require by subpoena the attendance and testimony of witnesses,
the production of books, records, and other evidence pertinent
to the issues presented to him for determination.
The hearing shall be concluded within ten days of its
commencement. Within ten days after the conclusion of the
hearings, the arbitrator shall make written findings and a
written opinion upon the issues presented, a copy of which
shall be mailed or otherwise delivered to the parties involved.
The decision of the arbitrator shall be final and binding upon
the Association and the Board.
24.11.2 The arbitrator shall conduct the hearings and render his
decision upon the basis of a prompt, peaceful, and just
settlement of disputes between the teachers and the Board.
24.11.3 Fees and necessary expenses of arbitration shall be borne
equally by the Association and the Board.
25 SAVINGS CLAUSE
25.1
Savings Clause
25.1.1 If any provisions of this agreement is or shall at any time be
contrary to law or Florida Board of Education regulations, then
such provision shall not be applicable or performed or
enforced, except to the extent permitted by law. All other
provisions of this agreement shall continue in effect.
25.1.2 Any substitute action to the provisions of this contract
contemplated by the Board shall be subject to negotiations with
the Association.
25.1.3 Any section of this contract may be reopened by mutual
consent of the Board and the Association.
25.1.4 Should Florida Statutes be repealed relative to any subject
affecting wages and hours, and terms and conditions of
employment for any members of the bargaining unit in which
the Board anticipates changing the present practice,
negotiations shall commence immediately relative to the areas
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affected by the change in statute.
25.1.5 This contract may be amended at any time during its term by
ratification of the School Board of Hillsborough County and
the Executive Board of the Hillsborough Classroom Teachers
Association acting on behalf of the bargaining units’
membership.
26 EXPIRATION DATE
26.1
Non-Money Items
26.1.1 The portion of this agreement traditionally called non-money
items shall become effective when approved by the Board and
the Association and shall continue in effect to and including
June 30, 2010, and from year to year or day to day thereafter
until a new contract is ratified by the Board and the
Association. If either party desires to make changes in the
agreement, the parties must deliver to each other, by the first
working day in May, 2010 or the first working day in May in
any year the contract is extended, a written document setting
forth the changes desired.
26.2
Money Items
26.2.1 The portion of this agreement traditionally called money items
shall become effective when approved by the Board and the
Association and shall continue in effect to and including
June 30, 2008, and from year to year or day to day thereafter
until a new money contract is ratified by the Board and the
Association. If either party desires to make changes in the
agreement, the parties must deliver to each other by the first
working day in June, 2008, or by the first working day in June
in any year the money contract is extended, a written document
setting forth the changes desired.
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In witness whereof, the Parties hereto have caused their duly authorized
representatives to execute this Agreement on this
00th
day of 00, 2007
___________________________ __________________________
Charles W. Raburn, Chief Negotiator Yvonne Lyons, Chief Negotiator
School Board of Hillsborough County Hillsborough Classroom Teachers Assn
___________________________ ___________________________
Jack R. Lamb, Chairman Jean Clements, President
School Board of Hillsborough County Hillsborough Classroom Teachers Assn
___________________________
MaryEllen Elia, Superintendent
School Board of Hillsborough County