SCHOOL BOARD OF
HILLSBOROUGH COUNTY
AND
HILLSBOROUGH
CLASSROOM
TEACHERS ASSOCIATION, INC.
TAMPA, FLORIDA
EDUCATIONAL SUPPORT PROFESSIONAL
(ESP)
CONTRACT
2018 - 2021
SCHOOL BOARD OF HILLSBOROUGH COUNTY
901 East
Kennedy Boulevard
Tampa,
FL
33602
(813)
272-4000
Jeff Eakins
Superintendent
SCHOOL BOARD MEMBERS
Sally A. Harris ,
Chair
Tamara Shamburger, Vice C
hai
April Griffin
Cindy Stuart
Susan L. Valdes
Melissa Snively
Lynn Gray
SCHOOL BOARD BARGAINING TEAM
Mark West,
Chief
Negotiator
Marie Whelan
Dena Collins
Gretchen Saunders
Susan
Garcia
Pam Hendriksen
Joshua Hodges
Dave Brown
Michael Miranda
Tracy Schatzberg
HILLSBOROUGH
CLASSROOM TEACHERS ASSOCIATION, INC.
3102 N.
Habana Avenue Tampa, Florida 33607
(813)
238-7902
School
Mail Route:
1
HCTA BARGAINING TEAM
Stephanie Baxter-Jenkins, Executive Director
and Chief
Negotiator
Robert Kriete
. . . . . . . . . . . . . . . . . . . .
President
Leo Haggerty
. . . . . . . . . . . . . . . . . . . .
Vice President
Adrian Brown
. . . . . . . . . . . . . . . . . . . .
Lincoln Elem
.
Maridea Groves
. . . . . . . . . . . . . . . . . . . .
Lamb Elem.
Monica Narain
. . . . . . . . . . . . . . . . . . . .
West Tampa Elem
.
Brittni Wegmann
. . . . . . . . . . . . . . . . . . . .
Riverhills Elem Magnet
Cherie Miller
. . . . . . . . . . . . . . . . . . . .
Spoto High
Michelle L. Miller
. . . . . . . . . . . . . . . . . . . .
Brandon High
Michelle Hamlyn
. . . . . . . . . . . . . . . . . . . .
Coleman Middle
Bryan Noll
. . . . . . . . . . . . . . . . . . . .
Wharton High
Crystal Blanco
. . . . . . . . . . . . . . . . . . . .
Twin Lakes Elem.
Gail Jones
. . . . . . . . . . . . . . . . . . . .
Blake High
Johnny Green
. . . . . . . . . . . . . . . . . . . .
Woodson PK-8
HCTA EXECUTIVE BOARD
Robert Kriete
. . . . . . . . . . .
. .
President
Leo Haggerty
. . . . . . . . . . .
. .
Vice President
Brittni Wegmann
. . . . . . . . . . .
. .
Secretary
Treasurer
Sabrina Gates-McCarthy,Dist. 1
istrict
1
. . . . . . . . . . .
. .
C-Tech Ed
Hiedi Glick
, Dist.
2
. . . . . . . . . . .
. .
Alonso High
Valerie Chuchman, Dist.
3
. . . . . . . . . . .
. .
Riverview
High
John Perry, Dist.
4
. . . . . . . . . . .
. .
Graham Elem
Ryan Haczynski, Dist.
5
. . . . . . . . . . .
. .
Strawberry Crest IB
Mag.
Christpher Rusnak, Dist.
6
. . . . . . . . . . .
. .
Nature Classroom.
Vacant, Dist., 7
. . . . . . . . . . .
. .
N/A
Crystal Blanco, Dist.
8
. . . . . . . . . . .
. .
Twin Lakes Elem.
Analene McColloch, Dist.
9
. . . . . . . . . . .
. .
Tampa Palms Elem.
Johnny Green,
Dist.
10
. . . . . . . . . . .
Woodson PK-8
FEA
GOVERNANCE BOARD
Robert Kriete, FEA, Seat
President
James Stewart
,
FEA,
Seat
1
King High
Aron Zions
,
FEA,
Seat
2
Pierce
Middle
Linda Perdue FEA Seat
3
Robinson High
HCTA STAFF
Stephanie
Baxter-Jenkins
. . . . . . . . . . . . . . . .
Executive
Director
Paula Haggerty
. . . . . . . . . . . . . . . .
Assistant Executive Director
Rachelle Frierson-Brown
. . . . . . . . . . . . . . . .
Member Services
Specialist
Vincent Jones
. . . . . . . . . . . . . . . .
Member Services
Specialist
Tara Gonzalez
. . . . . . . . . . . . . . . .
Member Services
Specialist
Pam Jufko
. . . . . . . . . . . . . . . .
Member Services
Specialist
Missy Keller
Lindsey Blankenbaker
. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
Member Services
Specialist
Member Services
Specialist
David Peacock
. . . . . . . . . . . . . . . .
Member Services
Specialist
Erin Morgan
. . . . . . . . . . . . . . . .
Member Services
Specialist
TABLE
OF
CONTENTS
Section
Page
1
Negotiations
Procedures . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
1
2
New
Employee
Requirements . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
3
3
Drug Free
Workplace
&
Substance
Abuse . . . . . . . . .
. . . . . . . . .
4
4
Reclassification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
5
5
Testing
and Qualifying . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
6
6
Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .
7
7
Appointments/Substitutes.
. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
9
8
Experience
Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
10
9
Work
Year and Hours . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
11
10
Vacation
and Holidays . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
12
11
Evaluation Procedures
. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
13
12
Probationary Period, Promotional Observation Period,
and
Career
Observation . . . . . . . . . . . . . . . . . . . . . . . .
14
13
Disciplinary Procedures
. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
16
14
Seniority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
18
15
Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
19
16
Reduction
in
Force
and
Reemployment
. . . . . . . . . . . . .
. . . . . . . . .
21
17
Leaves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
22
18
Rights/Responsibilities
. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
29
19
Facilities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
32
20
Student Management
and
Protection
of ESP
Employees
. . . . . . . .
32
21
Personnel
Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .
33
22
Grievance Procedures.
. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .
34
23
Association Rights
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
38
24
Insurance
and Injury
Benefits.
. . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
40
25
Retirement Benefits/Resignation Procedures
. . . . . . . . .
. . . . . . . .
41
26
Savings
Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
41
27
Agreement/Expiration
Date . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
42
Index
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
43
1
HILLSBOROUGH CLASSROOM TEACHERS ASSOCIATION
AND
SCHOOL BOARD
OF
HILLSBOROUGH COUNTY
EDUCATIONAL
SUPPORT PROFESSIONAL (ESP) AGREEMENT
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
PROCEDURES
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 employee bargaining, FS 447.100, by and between the School Board of
Hillsborough
County
and the
Hillsborough Classroom Teachers
Association.
1.1.2 The School Board/Association Educational Support
Professional 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, or county-wide publications which purport to be guides for paraprofessionals
and
clericals
shall
adhere
to
contract
provisions.
1.1.3
Upon conclusion
of
negotiations,
the
respective parties
shall implement the ratification process as outlined
under the
applicable provisions
of
PERC
Rule
Chapter
38d-20. In the
event
of a
declaration
of
impasse,
all
applicable provisions
of
FS 447
and
PERC Rule Chapter
38d-19
shall be
implemented.
1.1.4 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.
1.2 Recognition
1.2.1 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:
1.2.2 Clerical
Bargaining
Unit
Included:
Accounting
Clerk I
Maintenance
Unit Clerk
Accounting
Clerk II
Micrographics
Clerk
Accounting
Clerk III
Micrographics Technician
I
Admin.
Services
Specialist
Micrographics Technician
II
Admin. Services. Spec., Sr.
Migrant Recruiter
Braille Transcriber Office
Network Comp
Spec.
Call Center Support Rep. 1
Personnel
Clerk
Call Center Support Rep. 2
Procurement
Assistant
Call Center Support Rep, Sr.
Property
Control Clerk
Central Place
Specialist
1
Purchasing
Tech.
Central Place
Specialist
2
Receptionist
2
Central Place
Specialist
3 Registrar
2
Clerical
Trainee Safety Clerk
Clerk I School
Bookkeeper
I
Clerk II School
Bookkeeper
II
Clerk III
Secretary
I
Clerk IV
Secretary
II
Computer
Operator
Secretary
III
Control Clerk Senior
Computer
Operator
Customer
Service Rep. Sr.
Maintenance
Unit Clerk
Data
Preparation Operator
II Sr.
Micrographics
Technician
Data Processor Site
Survey Technician
I
Department
Representative
Switchboard
Operator
Executive
Secretary
Visual
Aids Library Spec.
Word
Processing
Operator
Excluded:
All other employees of the employer including managerial employees defined by the Act and confidential
employees
specifically
defined as:
Executive Secretary
and Secretary III in the Office of the
Superintendent,
Executive Secretary to the Chief
Negotiator, Administrative Secretary,
Executive
Secretaries to the General Managers and Managers presently serving on the employer’s collective
bargaining, negotiating and consulting teams, Secretary IIIs to Supervisors presently serving on the
employer’s collective bargaining consulting team, Secretary IVs (Elementary School Personal
Secretaries, Middle School Personal
Secretaries,
and
Senior
High
School Personal
Secretaries).
1.2.3
Paraprofessional Bargaining
Unit
Paraprofessionals shall be identified as instructional or support.
Requirements
of No Child Left
Behind
shall be the
determining
factor for
distinguishing between
the two types of paraprofessionals. For the
purpose of unit loss, layoff, and
seniority,
Group B shall be treated as one department.
Group B
Includes all paraprofessional job titles on Paygrade 14 except those listed in Group O. This includes:
ATOSS Aide Speech Records Aide
Dropout Prevention Aide Teacher Aide-Adult
Parent Liaison Aide Title 1 Aide
Vocational Aide
Others
(Separate
pool for each job title listed below – No Grouping)
Advanced Kindergarten Para IEP Assistant
Alternative Education Aide Kindergarten Assistant
Assistant Teacher LPN
Attendant, Bus Rider Certified Occup. Therapist, Asst.
Bilingual Int BD Lvl Translator Paraprofessional (non-ESE)
Bilingual Aide Paraprofessional 1, ESE
Braille Specialist Paraprofessional 2, ESE
Computer Lab Aide Paraprofessional 3, ESE
ECLC Aide Physical Therapist Assistant
ECLC Instructor Pre K Aide
Headstart Aide SLH Edu Interpreter Aide
Headstart Instructor SLH Interpreter
Health Assistant Speech Language Assistant
Health Transp. Aide Vocational Placement Advisors
Headstart
Hearing Technician
3
1.2.4 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.
1.2.5 Educational Support Professionals assigned to private schools shall be governed by the Educational
Support
Professional
contract.
1.3 Definitions
1.3.1 ESP (Educational Support Professional): Contractual reference
to
all
members
of
the
Clerical
and
Paraprofessional bargaining
units.
1.3.2 Reclassification: Reclassification is the changing of a position’s classification (title) to a different
classification because the duties required of the position do not concur with the current classification.
The new
classification
of the
position
may be of a higher
paygrade,
a lower
paygrade,
or of the same
paygrade
of the
previous
classification.
1.3.3 Regrading: Regrading is the changing of a paygrade of a classification so that salary concurs with
the duties of the classification. The new paygrade may be higher or lower than the previous paygrade.
When a regrading of a classification occurs, all positions of that classification are
changed
to the new
paygrade.
2 NEW
EMPLOYEE
REQUIREMENTS
2.1
Employment
Processing
2.1.1 Proper notification of appointment shall precede or accompany an appointee’s visit to the Division of
Human Resources for employment processing. Such processing must be completed prior to the
appointee’s reporting for duty.
2.2
Medical
Examinations
2.2.1 New ESP employees must successfully pass a medical
examination
at their expense prior to
employment. A form prescribed by the School Board must be used for this examination. If an
appointee has a questionable medical history, the Division of Human
Resources
may require that he/she
be
examined
by a
specific physician, determined
by the Board, at Board
expense,
prior to the processing.
2.2.2 Except as specified in this contract, no other medical examinations shall be required of ESP
employees. In special circumstances, medical examinations, at Board expense, may be
recommended
to an ESP if the Assistant Superintendent for Division of Human Resources determines
that such a
recommendation
should be made, after
conferring
with the Association.
2.2.3 All ESP employees in the Head Start Program shall be
required to furnish
a
signed doctor’s statement
that
indicates that his/her health status does not pose a
significant
risk to the health or safety of others in
the Head Start Program that cannot be eliminated or reduced by reasonable accommodation.
For current ESP employees in the Head Start Program as of October 1, 1997, this health
statement
must
be provided initially by January 1, 1998, and then every two years thereafter.
For ESP employees transferring new to the Head Start Program after October 1, 1997, the health
statement must be provided initially within three months of entering the
program
and by
January
1
every two years thereafter.
ESP
employees
new to the district entering the Head Start Program shall be required to complete new
employee physicals. The required Head Start health statement shall be
completed
by
January
1 every
two years thereafter.
4
Physicians may use information gathered in
examinations
given anytime during the two years before the
January 1
deadline
of each cycle.
ESP employees
in the
Head
Start
Program
shall be granted one hour of duty time to assist in getting health
statement completed.
2.3
Criminal
Record Check
2.3.1 Consistent with Florida statutes, new employees are
required to undergo relevant criminal
background
screening. If the appointee has
convictions
that are job related or has falsified employment
documents, he/she will be subject to removal.
2.3.2 New employees are required to be fingerprinted as part of employment processing. The cost of
fingerprints and related
processing
shall be borne by the employee.
2.3.3 The criteria for evaluating new employees with criminal
convictions
are as follows:
a. Convictions which indicate the use of hard drugs or dealing in drugs.
b.
Convictions
of crimes of a violent nature, i.e., murder, rape, etc.
c. Convictions of crimes of immorality, i.e., prostitution,
contributing
to the
delinquency
of a minor,
etc.
d. A long history of convictions.
2.3.4 Once the
conviction(s)
has (have) been
ascertained,
other factors will be considered in making a
decision. These factors are:
a. Job relatedness.
b.
Amount
of time that has
passed
since the most recent conviction.
c. Circumstances
under which the offense occurred.
d. The age of the applicant when the crime was committed.
e. Whether the offense was an isolated or repeated violation.
f. Any
evidence
of rehabilitation.
3 DRUG
FREE WORKPLACE
AND
SUBSTANCE
ABUSE
3.1 Policy
3.1.1 Employees shall not use, possess, transfer or s e l l any alcohol (medication excluded) or non-
prescribed, controlled substance during work hours, including lunch, break(s) and/or rest periods.
Employees shall not use any alcohol or controlled substances outside their work hours in such a manner
as to impair their performance or be observed or detected during work hours.
3.2 Testing
3.2.1 Drug testing shall be
consistent
with the right of employees
to privacy, freedom from self-incrimination and
unreasonable
search and seizure as well as other rights established by
applicable
federal and state
statutes.
3.2.2 The term “reasonable suspicion” shall be used as defined by state and federal statutes. Administrators
shall have a minimum of one hour of training in this definition before having the
authority
to make a
recommendation
for testing. All required testing by the District shall be approved and arranged by the
General Manager and/or Supervisor of
Professional
Standards.
3.2.3 Where a
reasonable suspicion
of the use of, or impairment by, illegal substances and/or inappropriate
alcohol exists, the
following procedures
shall be followed:
a. The employer will follow the Federal Department of Health and Human Services technical and
scientific guidelines covering employee consent, specimen collection, chain of custody, specimen
processing and reporting of results.
5
b. Testing for the five standard drug categories will be done by a reputable, independent laboratory
and will require a screening test and a confirming test on each positive specimen.
c. The initial screening test shall be by the Enzyme- Multiplied Immunoassay Technique (EMIT).
d. The confirming test shall be by the Gas Chromatography/Mass Spectrometry (GC/MS) method.
3.2.4
All
information,
interviews,
reports,
statements,
memoranda, and records of all referrals, screening and
confirming tests shall be held in strict confidence by the independent testing
laboratory
and by all
personnel
in the school district
authorized
to have
knowledge
thereof.
3.2.5 All
related investigative
and
medical records
will be handled with the
confidentiality afforded
under Florida
law.
3.2.6 No
employee
shall be
considered
to have a
positive
test for taking
medication
as
prescribed
by his/her
physician.
3.2.7 Standards and methodology for testing for the use of alcohol are being
developed
by the Federal
Department
of Transportation.
When those standards and testing
methods
are finalized and published
in
the
“Federal Register,”
alcohol testing shall be incorporated into this section by reference after consultation
and agreement with the Association on the testing. The testing
standards
of federal, state, or local law
shall apply
to the
extent
that
such standards
are binding on the employer.
3.3
Rehabilitation/Disciplinary
Action
3.3.1 A test which results in a finding of the presence of drugs above the recognized standard cutoff level
(confirmed positive) during work hours shall be grounds for discipline up to and including dismissal.
However, an employee who agrees to submit to a recovery program, Employee
Assistance Program
or other rehabilitation program
normally shall be given one opportunity for rehabilitation to avoid
dismissal action. The employee must show
certification
of
satisfactory completion
of the
rehabilitation
program. When
necessitated
by the
structure
of the
program,
the employee may use accumulated sick
leave, vacation leave, or leave without pay for the
duration
of the treatment.
3.3.2
Discipline
or
discharge
for
substance abuse
shall be for just cause and shall be subject to Sections 13.2,
13.3, and 22. In addition to these
requirements,
just cause for discipline must be
consistent
with the
conditions
of 3.2.1.
3.3.3 Self-disclosure of substance abuse shall be treated as an illness of a non-occupational nature. In such
a situation, the employee shall provide written proof of rehabilitative treatment, successfully pass a
substance abuse test before returning to work and subject himself/herself to random follow-up testing.
The employee will bear the cost of random testing up to a maximum of three times per year. If
additional tests are necessary, the cost will be borne by the employer. This period of testing will not
exceed twenty-four months but may be for less time. Self- disclosure is defined as disclosure prior to
any official notification to report for testing or prior to any investigation.
4 RECLASSIFICATION
4.1
Reclassification
Procedures
4.1.1 A reclassification of an individual ESP position may be requested
by
an
administrator
when
the
duties
of
the
position do not concur with the current classification and when the
position does not fall under an
established staffing pattern
or unit
allocation
formula.
These procedures
are only required of individual
position reclassifications.
Reclassifications
for groups of ESP
employees
shall be initiated through the
collective bargaining process at the end of their specific review cycle.
Normally, requests
for
reclassification
of
individual
positions shall only be
submitted
during the same year
as the related
classification
review cycle is occurring. If a crisis situation is determined to exist, requests
may be submitted during
off-cycle
years.
6
4.1.2 Only an administrator may initiate a request for reclassification. An ESP may request, by the
Reclassification Request Form, that his/her administrator initiate reclassification. If the administrator does
not agree that a reclassification is necessary, then the administrator shall give the employee a response
on the request form as to why he/she feels the reclassification is not necessary at the current time.
4.1.3 All ESP reclassification requests by administrators will be submitted along with supportive
documentation to the
Division
of
Human Resources through the General
Manager of
Employee
Relations.
The Division of Human Resources shall notify the
appropriate
Deputy
Superintendent
when a request has
been
received
and that
evaluation
is to occur.
4.1.4 An ESP employee may inquire of the Division of Human Resources concerning information on the
status of a
reclassification
of his/her position.
4.1.5 The
Division
of
Human Resources
and
the Association
shall jointly
review
and make any
necessary changes
in all forms related to the
reclassification
process.
4.2
Association
Review
4.2.1
The Association
will review all
reclassification requests
and The Division of Human
Resources’
reclassification
studies and recommendations and submit a written report on this review to the Assistant
Superintendent for Division of Human Resources.
4.2.2 Normally, once a year, after the Division of Human Resources’ evaluation and after the Association
review, the Chief Human Resources Officer will submit a list of recommended individual
reclassifications along with the Association’s report to the Superintendent’s staff for
tentative budget
approval or
denial.
The
Association will
also receive a copy of the list and the staff’s
recommendations.
The
Association shall be notified specifically of all ESP
reclassification requests
being
brought
to the School
Board for approval.
4.3
Approved
Reclassifications
4.3.1
When
an
individual ESP reclassification
has
been
approved by the Board, the effective date of
reclassification will be
determined
by the Board.
4.3.2 When an ESP employee’s position is reclassified, the
incumbent
will
meet
all
classification requirements
within
12 months. Any new employee assigned to the position must meet all
classification
requirements.
5
TESTING
AND QUALIFYING
5.1 Procedures for Classification Qualifying, Testing and
Certifying
of Active Employees
5.1.1 All ESP employees who, as of October 1, 1985, have
qualified
on a
current classification
list
through
Civil
Service, shall continue to be
qualified/certified
for that classification unless new requirements are
developed and as long as these records are maintained.
5.1.2 Once an
ESP
has
tested and/or certified
for a classification, they shall continue indefinitely to be certified
for that classification. Testing expense may be borne by the employee.
5.1.3
Recruiting
for ESP
classifications
shall be open at all times to current employees. Notification of
qualifying shall be timely.
5.1.4 If new requirements are established by the Division of Human Resources for a classification, an
incumbent will automatically qualify. Any ESP new to the
classification
after approval of new
requirements shall have to qualify
according
to the newly
developed
standards.
5.1.5 All ESP
employees
on a
classification
list (not incumbents) for which the classification’s requirements
have changed shall be notified that a change has occurred, when the change is
effective,
and that
they must
re-qualify
to stay on the list.
5.1.6 Current employees are responsible for updating their employee profile/competencies through
the district
Application Services
office.
5.1.7 Departments or in dividual work sites may administer work-related assessments to qualified
candidates who apply for their vacancies to assist in the selection of the most suitable candidate.
7
District departments shall notify Human Resources if their work-related assessments are to be
successfully met prior to establishing eligibility for
designated
classifications.
5.1.8 The Division of Human Resources shall publicize all information regarding new procedures for
ESP employees in regards to qualifying, certifying, testing, scores, etc., as set up in the
Division
of Human
Resources.
5.1.9 Current copies of job descriptions shall be available to the Association for all unit classifications. The
Division of
Human Resources
and
the Association
shall jointly conduct job
classification
reviews as
needed.
5.1.10
ESP employees
shall
request ahead
of time and be granted time during their normal workday for activities
related to testing,
qualifying,
and
interviewing
for district
positions,
so long as requests are not excessive.
The ESP shall make every effort to
minimize
the impact on their
scheduled
work day.
6 SALARY
6.1 Provisions
6.1.1 Salary shall be based upon the negotiated schedules
adopted
by the Board.
6.1.2 A salary rate for the
extended
year
programs
shall be equal to the hourly salary
received
during the regular
school year immediately prior to the beginning of the extended year program.
6.1.3
Probationary
(new,
permanent, non-temporary)
employees shall normally be paid according to the first
level of the
salary
schedule. The
employee
shall
move
to the next level and progress on the salary
schedule as provided through the
collective bargaining
process.
Normal level movement for an ESP shall only occur if the employee has been on paid status as a
permanent (non- temporary) employee for half the total plus one day of the annual paid workdays and
paid holidays of the previous school year.
6.1.4
Highly qualified eligible ESP,
as
defined
by
state and
federal statute, who provide instructional support in
Renaissance Schools (90% or above of students on free and reduced lunch) shall be paid a salary
differential minimum
of 5%.
6.1.5 In
areas where additional employees
are
needed during
the
non-student
year,
consideration
for hiring shall
be given to
permanent employees
who work less than 12 months.
6.1.6 Itinerant ESP employees shall be paid mileage at the
maximum
rate
approved
by School Board Policy.
Any ESP
authorized
by the
School Board
to
travel during
the workday in order to satisfy their job duties
shall be paid mileage at the
maximum
rate
approved
by School Board policy.
6.1.7 All ESP employees promoted to a new classification or whose position has been reclassified shall
receive a 4 percent
increase
for
the
first
paygrade
to
which
the
employee is
promoted
and an
additional
2
percent for each additional
paygrade that
the
employee
is
promoted, rounded
naturally. In cases when level
one of the new paygrade is more than a 4%
salary increase,
the
employee shall
be
placed
on level
one of the new paygrade.
Additionally,
an ESP will receive an
experience credit adjustment
of an
additional
level
on the salary schedule for every four years of creditable service as a district ESP
employee.
All
ESP employees voluntarily
demoted
to a
new classification shall
be
placed
on the same level of the new
paygrade.
All
ESP employees whose classification
has been regraded shall be placed on the same level of the new
paygrade.
All ESP employees who transfer without promotion or demotion shall remain at the same level as
previously assigned.
All ESP employees voluntarily demoted to a previous
classification
held within the past two years shall
be placed at a level on the previous paygrade equivalent to the
employee’s previous placement,
plus
any
subsequent
level increase.
8
6.1.8
The
following
Payroll
information
shall
be
shown
cumulatively on the
employee’s electronic payment
advice:
a.
Gross
Salary
b.
Taxable
Gross Salary
c.
Withholding
Taxes
d. FICA
6.1.9 All
scheduled
level
increases
in salary and salary schedule changes for ESP
employees
shall be effective
as provided through the collective bargaining process. All salary changes for reclassifications,
promotions, and demotions are
enacted
on the actual
effective
date as approved.
6.1.10 Proposals for classification regrades at the end of each classification review cycle shall be proper
subjects for collective bargaining and shall be included with the bargaining proposals for salary
negotiations. At other times of the year, emergency regrade proposals may be
considered
by mutual
consent of the School Board and the Association.
6.1.11 The annual allotment for all ESP employees required by the Board to wear
uniforms
shall be the
negotiated
amount
approved
by the Board.
6.2
Overtime
Compensation
6.2.1 Clerical
In cases where clericals are required to work beyond their normal forty hours paid time, the affected
employee shall receive overtime pay equal to one and one-half times the employee’s regular rate.
Compensatory time, in lieu of paid time, at a rate of one and
one-half
hours for each hour of overtime
worked may be granted if requested by the employee.
An off-duty clerical
employee
who is called in and works in an
emergency shall
be
compensated
by a
minimum
of three hours
overtime
pay for each such instance.
Administrators shall grant compensatory time for duties assigned beyond the normal work day, and the
compensatory
time need not be used immediately. Clerical shall notify the site office in advance of
utilization of said compensatory time. Utilization of earned
compensatory
time shall not unduly disrupt
the operations of the Board. When the request for utilization interferes or conflicts with a planned activity,
the
administrator
shall have the right of approval.
Accumulated compensatory
time shall carry over from year to year at the site where earned.
Contractually approved
compensatory
time shall transfer with the individual to any
position covered
under
the ESP
contract
at any work site.
6.2.2 Paraprofessional
In cases where paraprofessionals (except for ESE Attendant Riders and part-time O.T./P.T.
Assistants) are required to work beyond their normal hours of paid time as stated in
Section
9.3.4, the
affected employee
shall receive
compensatory
time.
When the total normal hours and overtime hours in a week equal forty hours or less, the compensatory
time shall be granted at a rate of one hour for each hour of overtime worked. Any overtime hours
worked beyond a total forty hours per week shall earn
compensatory
time at a rate of one and
one-half
hours for each hour of
overtime
worked.
Paraprofessionals whose assigned teacher absorbs students from an absent teacher’s class will be
granted
compensatory
time for time – up to three hours.
Administrators shall grant compensatory time for duties assigned
beyond
the
normal
work
day,
and
the
compensatory
time need not be used immediately.
Paraprofessionals
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.
9
Accumulated compensatory
time shall carry over from year to year at the
school where earned.
Contractually
approved
compensatory
time shall transfer with the individual to any
position covered
under
the ESP
contract
at any work site.
In cases where ESE Attendant Riders and part-time O.T./ P.T. Assistants are required to work beyond
their normal
weekly hours
paid
time,
the
affected employee shall
receive overtime pay. When the total
normal hours and overtime hours in a week equal forty hours or less, the overtime pay shall be equal to
the regular rate of pay per hour. For any overtime hours worked beyond a total of forty hours per week,
the overtime pay shall be equal to one and one-half times the
employee’s
regular rate.
7 APPOINTMENTS/SUBSTITUTES
7.1
Temporary
Appointments
7.1.1 Temporary appointments shall normally be made to fill positions vacated as a result of an extended
leave and shall not exceed the length of the leave. When unusual circumstances inhibit the filling of
an extended leave vacancy, the circumstances will be reported to Division of Human Resources.
Temporary appointments
may also be made to cover peak workload periods or other extenuating
circumstances. Temporary appointments to fulfill these short term needs shall
normally
not exceed four
months.
When filling vacancies created as a result of an extended leave, the principal/supervisor shall make
every attempt to fill the vacancy with a qualified employee. An onsite permanent ESP may be
selected to fill the temporary position.
A permanent employee serving this temporary assignment (acting) will be paid a minimum of 4% above
their regular rate of pay if the assignment is in a higher classification.
Determination
of “acting” salary
will be
calculated
using the current
promotional
formula.
When the temporary
assignment
is complete, the ESP will return to their regular rate of pay and their
former position.
With the
recommendation
of the site supervisor and prior approval
of
the
Chief
Human
Resources
Officer,
a
permanent employee may be appointed to a higher classification in a
permanent
vacancy. The ESP
will be allowed to qualify for that position. The
ESP must qualify within
12
months
of his/ her
appointment
or be
returned
to
his/her previous
position.
7.1.2
Principals/supervisors
are to
consider
ESP
employees
who are on a
temporary assignment
prior to
recommending
new applicants.
7.1.3 ESP employees appointed on a temporary basis shall not receive fringe
benefits,
except those
appointed
to positions which will exist beyond four months or those appointed to replace employees on leave of
absence for more than six months. In these cases, employees will be enrolled for
retirement
and
complete
Social
Security
participation.
7.1.4 All paraprofessional positions filled during the second
semester
shall be
considered temporary
appointments
with the
exception
of
those areas designated
as
critical
shortage areas by the
Division
of
Human Resources.
7.2
Half-Time
ESP Employees
7.2.1 Whenever a full-time opening occurs in a job category in which half-time ESP employees are
employed, the administrator involved shall consider replacing the ESP
from among the half-time ESP
employees already
employed within the school or department before
hiring/transferring
outside
applicants.
7.3
Substitute
ESP Employees
7.3.1 When a school based clerical has been absent two consecutive days, a substitute may be provided for
the third day of absence and all days thereafter until the regular employee returns to work. Schools with
two or fewer clerical professionals are permitted to employ a substitute immediately when an absence
10
occurs. Offices having a clerical staff of one full-time and one half-time employee may allow the half-
time employee to work full-time.
7.3.2 Substitute paraprofessionals shall be provided when the
paraprofessional
is absent in the Early
Childhood program
provided
federal funds are available.
7.3.3 Paraprofessionals shall not be responsible for securing substitutes.
7.4
Restricted
Appointments
7.4.1 A new employee hired in a restricted appointment may fill a position during an absence of the regular
incumbent for a six-month health leave of absence. An ESP holding a restricted appointment shall be
qualified and is entitled to all rights and benefits as any permanent appointment except the right of
continued employment in the event the absent incumbent returns to the position. Any ESP given a
restricted appointment will be informed of restrictions in writing.
7.5
Concurrent
Appointments
7.5.1 An
ESP employee
may hold
more than
one
permanent
ESP position at the same time if the total regular
working hours of the positions do not exceed forty hours per week. A
permanent
ESP may be hired
in a
temporary
ESP position as long as the total regular
working
hours of the permanent position and the
temporary position do not exceed forty hours per week.
7.6
Extended
Year
Program
Appointments
7.6.1
Paraprofessional extended
year
program positions
shall be filled only by
paraprofessionals
except when
there are no
paraprofessional applicants
for a position.
7.6.2
Clerical extended
year
program positions
shall be filled only by clericals within the same work site. When
there are no clerical applicants within the work site, the positions shall be filled by p
araprofessionals
from
within
the work site or by
clericals
from other work sites.
7.6.3
Seniority
shall be a major factor in filling ESY assignments. ESY positions shall be filled first by
employees who apply from the hiring site. Remaining vacancies shall be filled from
among applicants
district
wide and are
assigned
to the hiring site for the ESY period.
7.7 ESP
Employees Acting
as
Substitute
Teachers
7.7.1 Unless approved under a School Improvement Plan that
allows for supplemental pay, ESP
employees
shall not act
as
substitute teachers
or be
solely responsible
for a classroom of
students
for more than twelve
hours per
calendar
month.
The hour
limitations
listed above are set at
maximum
levels to
allow for emergency
situations.
Normal
conditions
should only require the
paraprofessional
to cover for
one-half
hour per day during the
teacher’s
lunch time.
8
EXPERIENCE
CREDIT
8.1 Clerical
8.1.1 Employees returning to the Hillsborough County School System shall be placed on their last previous
level on the salary
schedule
if the
employee
returns to their
previous
or lower classification. When an
employee returns
to a higher classification they shall be placed on a level that would provide them with
at least the amount that their previous
pay grade and level
is
currently paying. ESP retirees
rehired after
the required time has elapsed for the purpose of the
Florida Retirement System, shall
be
placed
on the
position’s
appropriate
pay grade on a level equal to the level number at the
employee’s
time of
retirement,
but in no case greater than level 16.
8.2 Paraprofessional
8.2.1 Paraprofessionals shall be given salary credit for all Hillsborough County Public School
paraprofessional
experience
as defined in this agreement.
11
8.2.2 A year’s credit as defined in 6.1.3 for salary purposes shall be allowed a paraprofessional. A year’s
credit shall be allowed for each year of approved military leave granted by the Board.
9
WORK YEAR
AND HOURS
9.1 Work Year
9.1.1 The number of work days per year for individual classifications of ESP shall be published in the School
Board approved payroll schedules and work calendars.
9.1.2 Less than
twelve-month
ESP shall be paid for six holidays.
9.1.3
Twelve-month
ESP shall be paid for thirteen holidays.
9.2
Regular
Duty Hours
9.2.1 During the regular school year, the workday for full time clericals shall be eight hours including two
fifteen-minute
paid breaks. School based clericals shall be provided a non-paid thirty-minute duty-free
lunch beyond the eight-hour day. Non-school based clericals shall be provided an option of a non-paid
forty-five-minute duty-free lunch or a non-paid thirty-minute lunch beyond the eight-hour day.
9.2.2 Except in
emergencies, clericals
shall be given at least two weeks’ notice of any changes to be made in
their regular work schedules.
9.2.3 The work day for
permanent ESE Paraprofessionals (Paraprofessional 1,2,3), IEP Assistants, Assistant
Teachers, and Aides, shall be seven hours and thirty minutes including a thirty minute duty-free, paid lunch.
ESE Paraprofessionals, IEP Assistants, Assistant Teachers, and Aides
are not entitled to scheduled breaks.
9.2.4 The work day for Bus Rider Attendants shall be a guaranteed minimum of six hours excluding their
non-paid lunch period. Required work time
beyond
the six-hour
minimum
shall also be paid.
9.2.5 The work day for Hearing Technicians shall be seven and
one-half
hours
excluding
their
non-paid
lunch
period. Hearing Technicians shall receive two 15-minute breaks.
9.2.6 The work day for Physical Therapy Assistants, Health Assistants, LPNs and Occupational Therapy
Assistants shall be eight hours
including
their paid lunch period.
9.2.7 The work day for non-ESE Paraprofessionals and Vocational Placement Advisors shall be eight
hours
excluding
their
non-paid
lunch period. Non-ESE Paraprofessionals and Vocational Placement
Advisors shall receive two 15-minute breaks.
9.2.8 Paraprofessionals shall be notified of their tentative
schedule,
or
grade level assignment
for the
ensuing
year as soon as the master
schedule
is prepared. In
addition,
they will be notified of any changes in
their tentative program, schedule, or grade level assignment for the ensuing year,
including
the
school
to which they will be
assigned,
as soon as practicable.
9.2.9 Changes in
assignment
within groups of
paraprofessionals
may be made at the discretion of the principal
at the beginning of each school year. Changes in assignment within groups during the year shall only
be made due to
extenuating
circumstances.
9.2.10 Changes in assignment from one paraprofessional group to another shall only be made if both the
principal and the
paraprofessional
agree to the change.
9.2.11 ESP assignments shall be made without regard to race, creed, color, national origin, sex, marital status,
or membership in any organization. Qualifications and experience levels of ESP employees will be given
consideration in terms of school, schedule, program, or grade level assignment.
9.2.12 The length of day for ESP
employees
is the same on non- student days as it is on regular student days.
However, school-based ESP employees shall be allowed to use
compensatory
time, personal day
time, vacation time, and/or non-paid personal time on these days in order to match the work day of
teachers.
12
9.2.13 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.
9.2.14 Sign in/out
procedures
for ESP shall be uniform across the district.
9.3
Overtime
Duty Hours
9.3.1 Clericals shall normally be given at least one day’s notice that
overtime
duty is necessary. If an
emergency
precludes one
day’s notice,
the
employee shall
be
given
consideration for child care and
scheduled
appointments. Clericals shall not be required to work more than fourteen hours during any
twenty-four-
hour
period.
9.3.2 Clericals shall have the option of taking a non-paid meal break during overtime duty after eight hours
of regular duty. Clericals working overtime duty on a
non-workday
shall have a non-paid meal break
after every four hours of overtime duty. A fifteen minute paid break will be given for every two hours of
overtime duty not coinciding with meal breaks.
9.3.3 Except in
emergencies,
when danger to the health or well- being of
employees,
students or other persons
could occur or when danger to School Board property is imminent, all overtime duty must be approved
by the clerical’s principal/
supervisor
prior to being performed.
9.3.4
Paraprofessionals
(except ESE Attendant Riders and part- time O.T./P.T. Assistants) shall only work
and be given compensatory time (see Section 6.2.2) in cases where emergencies have made it
necessary for them to work
beyond their normal time
as
approved and assigned
by their supervisor. The
only
exception
to this
emergency
provision is noted in Section 18.2.2.
9.3.5 When high schools release early on exam days, bus rider attendants shall be paid for all time worked
between their last school in the morning and their first school in the afternoon. Rider attendants will be
guaranteed at least two hours of work as defined by the job description on such occasions. If the
assigned run is less than two hours, the remaining time will be spent on other duties identified in the job
description.
10
VACATION
AND HOLIDAYS
10.1
Vacation
Leave (This
section
does not apply to less than
twelve-month ESP
employees.)
10.1.1
Vacation
leave shall be earned on paid time only.
10.1.2 Upon successful completion of the six-month new hire probationary period, an ESP employee shall
be eligible for accumulated vacation leave. Such leave may not be utilized without the
approval
of the
immediate
supervisor.
10.1.3 Vacation accrual rates for ESP employees are based on
continuous
years of service and are as follows:
a. ESP
employees
with less than five years of service -
ten days per year.
b. ESP
employees
with five or more years of
service
but less than ten years of service - twelve days per
year.
c. ESP
employees
with ten or more years of service but less than fifteen years of service - fifteen
days per year.
d. ESP employees with fifteen or more years of service - twenty days per year.
10.1.4 Twelve-month ESP employees may allow their vacation to accrue to a maximum of eighty days for
use during the active period of employment. Upon termination or death,
payment
shall be limited to sixty
days.
13
10.2 Holidays
10.2.1 Holidays for ESP employees shall be observed as established by the School Board approved calendars
for instructional support employees. The number of paid holidays for ESP employees shall be proper
subjects for collective bargaining.
10.2.2 Payment is authorized for holiday pay if the employee is on paid status (e.g. working, on paid sick leave,
or on paid vacation) on the regularly scheduled workday immediately
preceding
the holiday or
immediately following the holiday.
11
EVALUATION
PROCEDURE
11.1 Philosophy
11.1.1 It is the philosophy of this Agreement that evaluation is a developmental process. All evaluations
shall be directed to identifying strengths as well as weaknesses. Evaluations shall be the
responsibility of the Administration except as specified for teachers in 11.1.2 below. Nothing in this
provision shall deny the
Administrator
from receiving input from
appropriate non-managerial
personnel.
11.1.2 In cases where a teacher is directly responsible for the
supervision
of a
paraprofessional,
then that
teacher (rater) shall make the evaluation for recommendation to the principal (reviewer). In all
other cases for school-based ESP employees, the rater shall be the current immediate
administrative supervisor (assistant principal or principal)
and the reviewer shall be the
principal.
Principals may
serve as both rater and reviewer when they serve also as the
immediate
administrative supervisor
of the ESP employee.
For
non-school-based
ESP employees, the rater shall be the current immediate administrative
supervisor and the reviewer shall be that administrator’s directing supervisor. An Assistant
Superintendent,
the Chief Human Resources Officer, or the
Superintendent
may serve as both rater and
reviewer
when they serve also as the
immediate
supervisor of the ESP employee.
11.2 Frequency
11.2.1 Each ESP shall be assessed on their overall work performance once a year in April. Evaluations
shall also
occur for ESP
employees in the Career Observation
process
(see Section 1
2.3).
ESP employees
shall complete
a self-
evaluation
annually. The
self-evaluation shall occur
no later than the first week in
April of each year.
11.2.2
Copies
of
this
April evaluation shall
be
given
to the
ESP,
and the
evaluator(s).
The
original
shall be sent to
the
Division
of Human
Resources
by May 1 of each year.
11.3 Forms and Procedure
11.3.1 ESP shall be
evaluated according
to the
current,
approved evaluation instrument for clericals and
paraprofessionals. This shall be the exclusive form used for all performance evaluations. Prior to the
written assessment, the ESP shall
be
informed
of the criteria and
procedure
to be used.
11.3.2 The rater is responsible for reporting accurately and objectively his/her observations and/or
knowledge. The performance rating shall be reviewed with the rated
employee
in a
confidential
manner. The rater shall discuss with the employee his/her strengths, weaknesses, and if
necessary
the
specific manner
in
which
the
employee
could be
expected
to
improve
his/her job performance.
11.3.3 The reviewer is responsible for checking the report for consistency, fairness, accuracy,
correctness of rating
procedure,
and meeting with the ESP
employee
if deemed
appropriate
by the
reviewer,
the rater, and/or the ESP. The
reviewer
may add to the report any specific
information
he/ she
may have about performance of the rated employee. The written evaluation will then be given to the
individual ESP for signature.
11.3.4 The employee shall have the right to submit an addendum to the written evaluation.
11.3.5 All
evaluations
and
related documents
shall be
handled
in a private manner.
14
11.3.6 At their request, ESP employees may have a witness present at any meeting concerning their
annual evaluation. The scheduling of this type of meeting shall be at the discretion of the
administrator as long as a full working days’ notice of the date and time of the meeting has been given.
11.3.7 The parties recognize the value of due process and progressive discipline. The following progressive
steps will be followed in administering discipline;
understanding,
however, that some more-severe acts
of misconduct may warrant
circumventing
the
established
procedure:
a. Verbal Reprimand
1. No written conference summary is placed in
personnel
file.
2.
Employees
must be told that a verbal reprimand initiates the
discipline
process.
b. Written Reprimand
c. Final written
warning
or Suspension
d. Termination
When the employee is to receive a written reprimand, a copy of the reprimand shall be provided to
the employee
once
it is finalized.
The employee shall have the
opportunity to make a written response
to the reprimand. A copy of the response shall be made to the principal or appropriate
administrator.
11.4 Complaints
11.4.1
Whenever
a
complaint
is
registered against
an ESP without first going to the ESP involved, it shall
be Board policy to notify the ESP
immediately
of the complaint. The
following information
shall be
provided
to the ESP:
a. Name of complainant;
b.
Description
of allegation;
c. Remedy requested, if any.
11.4.2
The
administrator
may
offer the
aggrieved
his/her
assistance in
arranging
a conference at a date and
time
acceptable
to all parties.
11.4.3 If the conference does not resolve the problem, the administrator or his/her
representatives
may then become the third party to the conference.
12 PROBATIONARY PERIOD, PROMOTIONAL OBSERVATION PERIOD, CAREER
OBSERVATION
12.1
Probationary
Period
12.1.1 ESP employees obtaining permanent status shall serve a probationary period equal to six
months paid days. Said
probationary
period may be extended but shall not exceed an additional six
months paid days. When the rater’s
recommendation
is to extend the probationary period, the
Career
Observation process
will
automatically
be initiated.
12.2
ESP
Promotions,
Lateral
Transfers and
Voluntary
Demotions
12.2.1 ESP employees in good standing, laterally transferred or
voluntarily demoted
who are placed on
Career Observation within six months of the position change and who do not successfully
perform their duties shall be reassigned to a vacancy in their previous classification With their
previous pay rate had they not left that classification. The Division of Human Resources shall
make an effort to place the
employee
at a
reasonable
location.
12.2.2 ESP employees who are promoted shall serve a six- month promotional observation period.
This promotional
observation
period may be
extended
for up to six additional months following the
procedures as set forth in Career Observation, 12.3.1, 12.3.2.
15
12.2.3 ESP
employees promoted
who do not
successfully
perform
their duties shall be reassigned to a
vacancy in their
previous classification with their previous pay rate had they not left that
classification. The Division of Human
Resources
shall make an effort to place the employee
at a reasonable location.
12.2.4 ESP employees who have been laterally transferred or voluntarily demoted shall not serve
another
probationary
period.
12.2.5 Employees who have been promoted shall serve a six- month promotional probationary period. If
the promoted employee does not successfully perform their duties during the promotional
probationary period, they shall be reassigned to a vacancy in their previous classification with
their previous pay rate had they not left that classification. The Division of Human Resources shall
make an effort to place the employee at a reasonable location.
12.3 Career Observation
12.3.1
If, after an ESP
has been informed in writing of
administrative concerns, by the employee receiving at
least one verbal warning and one written warning, a
principal/supervisor determines
that an ESP is
continuing
to have some serious employment problems, the rater may initiate the Career
Observation I process after obtaining approval from the Chief Officer for the Division of
Human Resources or designee. With
approval,
the
administrator
shall:
a. Notify the ESP in writing of placement on Career Observation
b. Identify in writing to the ESP the specific deficiencies and the expected
performance
that would
produce a
satisfactory
status.
c. Provide in writing to the ESP suggestions for improvement and any known available
resources for assistance.
d. Set a reasonable time limit for improvement and identify in writing to the ESP the date Career
Observation is to begin.
12.3.2 As part of the Career Observation process, a meeting shall be held every thirty calendar days
day period. A copy of this evaluation shall be given to the ESP at the meeting. As a result of this
conference, the
supervisor/principal
will take one of the following actions and note such action on
the evaluation:
a.
Return the ESP
to
regular status
-
release from
Career
Observation
b.
Recommend
an
Administrative Transfer
for the ESP
c.
Place ESP on Career Observation Level
II
(see
12.3.6)
d.
Continue
the ESP on Career
Observation
e. Recommend that ESP return to previous classification/group and rate of pay when a vacancy
exists (promotional observation transfer provision only-Section 12.2)
12.3.3 The Career
Observation process
shall not
normally
exceed six months. Under
extenuating
circumstances,
the process
may
be
extended beyond
the
normal
six
months
for a period not to
exceed ninety days.
12.3.4
Placement
on
Career Observation shall have
no
effect
upon an employee’s current salary. If a level
increase occurs during the period of Career
Observation,
the increase due the
employee
shall be
delayed
until
satisfactory
completion of the Career Observation.
12.3.5
Employees
under this process shall continue to receive all rights and
benefits afforded permanent
employees.
16
12.3.6
After three
or
more thirty day periods
on
Career
Observation
Level
I, an
employee
may be
notified
in
writing
of placement on
Career Observation
Level II.
Procedures
and provisions for Level II are the
same as for Level I except at the end of two or more thirty day periods on Level II, the principal
supervisor shall also have the option of
recommending dismissal. At the time of placement on Level
II, the
employee shall be notified in writing of the possible consequence of
recommendation
for
dismissal.
12.3.7 An employee previously placed on Career Observation Level I for serious employment problems
and removed from Career Observation Level I may be
recommended
for placement directly on
Career Observation Level II if employee performance in the same area of concern
warrants
it based upon at least one written
reprimand
or for an
unsatisfactory
annual
performance
evaluation.
12.3.8 An employee previously placed on Career Observation Level II for serious employment problems
and removed from Career Observation Level II may be
recommended
for placement directly on
Career Observation Level II if employee performance in the same area of concern
warrants
it based upon at least one written
reprimand
or for an
unsatisfactory
annual
performance
evaluation.
13
DISCIPLINARY
PROCEDURES
13.1
Reprimand, Demotion, Suspension,
or Termination
13.1.1
Reprimand,
Demotion,
Suspension
or
Termination
shall be for just cause. Just cause shall be defined
as:
a.
Incompetence
or
continued
rendering
of
unsatisfactory service after instruction
and/or
counseling.
b. Gross neglect of duty or specific serious failure to
perform assigned
duties.
c. Insubordination
d. Serious breach of discipline.
e.
Absence without leave,
or
failure
to give
proper
notice of
absence
to the
detriment
of service.
f. Failure to return to duty at the end of an authorized absence.
g. Indulgence in an intoxicating beverage, a
hallucinogen,
or a controlled stimulant or depressant
drug while on duty or preceding duty so that such indulgence can be discerned after the
time for commencement of duties; or possession of such substances on the employer’s
premises during working hours. (The professional opinion of one
licensed physician,
or the
signed statements
of two or more other persons, shall suffice for
determination
of
discernment
of intoxication.)
h. Conviction, or entry of a plea of guilty or nolo contendere of a felony or of a
misdemeanor having specific relevance to the duties of the employee’s classification.
Criminal record factors as listed in 2.3.2 and 2.3.3 will be considered in evaluating the
relevance
to the
employee’s
classification.
i.
Negligent
or willful
damage
to public property.
j. Theft, conversion of, or willful or careless waste of, public
supplies, property,
or equipment.
k. Unauthorized use of public personnel services,
supplies, property, facilities,
or equipment.
l. Use of bribery or political pressure to secure appointment or advantages.
17
m. Material falsification of information as part of the qualifying application for employment and/or
promotion, or any other official document of the
School Board for the
purpose
of
personal
gain or
reward.
n. In connection with official duties, acceptance of compensation other than that specifically
authorized.
o.
Utilization
of
official position
for
unauthorized
personal gain.
p. Failure to maintain competence or legal capacity to perform duties required of an
incumbent in the Classification.
q. Mental or physical disability, as supported by written documentation from not less than two
licensed physicians.
r. Possession of a firearm, weapon or destructive device while on any School Board property.
s. Excessive absences.
13.2 Procedures for Employee Demotion, Suspension or Termination
13.2.1 All conferences with ESP employees related to conduct, performance, demotion, suspensions, or
termination shall be summarized in writing by the administrator with a copy furnished to the
employee. The employee may respond in writing to any such summary.
13.2.2 The ESP, provided they are an HCTA member, is entitled to have an HCTA representative present
at any meeting, hearing, or conference related to conduct,
performance, demotion, suspension
or
termination
and shall be informed of this right before such
meeting
occurs.
13.2.3 When an ESP is being considered f o r demotion, suspension, or termination, the General
Manager of Professional Standards shall send written notice to the ESP, their
principal/supervisor, and the Association of a
pre-disciplinary investigative
hearing to be held
before any
action
is
taken, except
as noted below in
13.2.4
and 13.2.5. This notice shall include:
the specific cause (defined in Section 13.1.1) that warrants consideration of demotion,
suspension, or termination; any documentation relative to the charge(s); and any known specific
disciplinary action being considered.
13.2.4 Any ESP employee arrested for a crime constituting a felony or a misdemeanor may be
immediately suspended from duty by the Superintendent.
If as a result of the disposition of an arrest no disciplinary action is
recommended,
any normal salary
that would have been earned during the time of suspension without pay shall be
reimbursed
to the
ESP.
13.2.5 In cases where the Superintendent concludes that public interest necessitates immediate
suspension, this decision in itself must be predicated upon the ability of the Superintendent’s staff
to substantiate the specific adverse effect that would result contrary to the public interest.
The scheduling
of or
the intent
to
schedule
a
pre-disciplinary hearing does
not
preclude
any
discussions and/or
meetings between the Administration and the ESP/Association to clarify or
resolve the relative issues which may result in
eliminating
the need for the hearing.
13.2.6
Due
to
the
investigative
nature
of
the
pre-disciplinary
hearing, the
hearing
and all
relative information
shall
be
handled
in a confidential manner. The hearing may be recorded by the parties.
Those persons
who shall be
allowed present
in the hearing and their
functions
are listed below.
a. The General Manager of Employee Relations and/or designee: to present any information relative
to
procedure; to hear and clarify all information
presented in order to report such information to the
General
Manager
of
Professional Standards
or designee.
b. The ESP employee being considered for demotion, suspension, or termination: to hear and
clarify all information relative to charges; to present any
information
relative to charges.
18
c. The ESP’s representative: to observe and assist the ESP
employee
in the hearing.
d. No other persons shall be allowed to be present in the hearing unless specific agreement is made
before the hearing between the General Manager of Employee Relations and/or designee and the
ESP/Association.
13.2.7 As a result of the hearing and the report of the General Manager of Professional Standards,
one of the following actions and/or recommendations shall be made by the
S
uperintendent/Chief
Human
Resources
Officer:
a. Any and all charges that have not been proven shall be dropped. The
ESP shall
be
notified
in
writing
(copy to the Association) and shall be returned to work as appropriate.
b. Recommendations for administrative transfer (including demotion), shall be implemented after
written notification to the ESP (copy to the
Association) of the
recommendation
and the specific cause
for the recommendation.
c. A
recommendation
for suspension without pay for a specific time period as a singular disciplinary
action shall be implemented after written notification to the ESP (copy to
the Association)
of the
recommendation
and the specific cause for the
recommendation
and after written notification to the
School Board. The School District reserves the right to immediately reassign any employee to an
alternative work site if that employee is being investigated for misconduct which might result in
suspension. The School Board
reserves
the right to
reassign
work
hours without
prior notice
in lieu of suspension.
d. If a recommendation for termination is deemed appropriate by the Superintendent/Chief Human
Resources Officer, the non-probationary ESP and the School Board shall be notified in writing
(copy to the Association) of such a
recommendation
and the specific cause for this recommendation.
Within ten work days of receipt of this notification, a
non-probationary
ESP may request to appeal
this recommendation
for
termination
through
the
grievance procedure (Section 22) starting at Level
II. If no request for appeal is made within the time limit, the termination shall be implemented as
recommended.
If a request for appeal is made, the ESP shall be
notified
in writing (copy to
the
Association)
of the date and time of the Level II
hearing
at least ten work days before the hearing
date.
With notification of the recommendation for termination, the Superintendent may suspend the
non-probationary ESP
with or
without
pay until appeal hearing
procedures
have been completed.
A probationary ESP may not appeal a termination through the grievance procedure. Such a
recommendation shall be implemented after written notification to the ESP (copy to the
Association) of the recommendation and the specific cause for this recommendation.
All ESP employees may use the grievance process for
violations
of
contractual termination
procedures.
14 SENIORITY
14.1
General
Procedures
14.1.3 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
form.
14.1.4 When a specific issue must be resolved involving ESP employees with equal seniority, it will be
resolved by an
objective
lottery in the
presence
of the
affected
parties.
14.1.5 The ESP with the most seniority shall have first option to stay in a position or transfer, with such
option extended to all ESP employees on a diminishing basis until one elects to transfer or until
such time as the ESP with the least amount of seniority is required to transfer. This policy is also
extended to include the right of an ESP in a position going from full-time to half-time to choose
between staying in the half-time position or going into the pool.
19
15 TRANSFERS
15.1
General
Principles
15.1.1 An ESP transfer is a change in position from one site to
another.
15.1.2 A transfer may be
requested
by an ESP or may be initiated by the Superintendent.
15.1.3 ESP employees who are placed on Career Observation may not voluntarily transfer but shall be
transferred if their seniority requires it. An ESP may also be transferred
administratively
according
to Section 15.2.
15.1.4
ESP employees are eligible to transfer at any time during
the work
year
except
when
the
Division
of
Human
Resources
has
implemented
a
freeze on transfers on specific classifications
for unit loss
placement. A qualified
replacement
should be secured before the transfer is made; however, no
transfer will be delayed more than two weeks. The
Administration
may allow for up to one-week
training period for the new
employee
by the old
employee, whenever
possible.
15.1.5 All vacancies will be advertised (online) for a reasonable
amount
of time (five
workdays) before
any
transfers
(except
administrative),
new hires or other
actions
to fill the position
are
processed.
Existing
employees
in a
department shall
be
considered
for job
opening
with
different
hours of operation
prior to advertisement.
15.1.6 Applicants from permanent ESP within the school system shall be
considered
before filling a vacant
position.
15.1.7 All ESP
vacancies
shall be made known
immediately
to the
Division
of Human Resources.
15.1.8 The
Division
of
Human Resources
shall
provide
information regarding vacancies to those ESP
employees desiring a transfer and to the
Association
when requested.
15.1.9 Administrators shall notify all ESP employees interviewed of their decision.
15.1.10 All
complaints
related to the ESP selection process should
be directed to the Division of Human
Resources immediately
for investigation. The
applicant
will be
notified
of the result.
15.2
Administrative
Transfer
15.2.1 The Superintendent or his designee shall investigate any written request for an administrative
transfer. This investigation shall determine the need for further action.
15.2.2 If appropriate, a hearing will be held involving the ESP, Principal/Supervisor, Association, and
the Chief Human
Resources
Officer or designee.
15.2.3 Following the hearing, the Chief Human
Resources
Officer will make
recommendations
to the
Superintendent.
15.2.4
The
Superintendent
shall
then
act
upon
the
recommendation.
Should
a
transfer
be
indicated,
the ESP
shall be
placed
in a vacancy that is in the best interest of the
individual
and the system.
15.3 Unit Loss Transfer
15.3.1
ESP units
at
each work location shall
be
allocated
according to the Board approved formula normally
once each spring and each fall.
15.3.2 Unit loss will be used for
transferring
ESP
employees
when a work site must lose ESP
employees
due
to unit allocation changes.
15.3.3 When transfers are necessary due to unit loss, ESP employees to be transferred will be
determined by the
seniority
and unit loss policies.
15.3.4
Unit loss will be transacted first within the designated
clerical classifications or within the designated
paraprofessional groups and classifications at each school
site.
The ESP
with the most seniority
20
within the affected
classification/group
shall have the first option to stay in a position or transfer,
with such option extended to all ESP
employees
within the same
classification/group
on a
diminishing basis until one elects to
transfer (transfer period
or pool
placement)
or until such time
as the ESP within the same
classification/group
with the least amount of
seniority
is
required
to
transfer.
15.3.5 In
determining
unit
loss,
the
length
of the
ESP work
year will not be a factor in
identifying
the person to
be transferred.
15.3.6 The seniority of an ESP who is on leave and has a vested interest in the position will be used to
determine the unit to transfer. Only ESP employees who have achieved permanent (non-
temporary) status will be eligible for pool placement.
15.3.7 The Division of Human Resources will notify, through the school
Administration,
ESP employees
who are subject to transfer due to unit loss.
15.3.8
At
unit
allocation
time,
the
Division
of
Human
Resources
shall determine a freeze period for hiring prior
to the placement process of pool ESP due to unit loss. No permanent new hires may occur during
the freeze period. Transfers of
permanent
ESP
employees,
after spring
allocations,
within
their own classification/group or to a classification/group
with no unit loss shall continue until two weeks
after notification to
school
sites by
Division
of
Human Resources
of new unit
allocations
and
updated
vacancy
lists.
Transfers
shall then be frozen also until all pool placement needs have been
met.
15.3.9 ESP employees who are designated to be placed in the pool due to unit loss will be eligible for
transfer as all other ESP employees. If these ESP employees do not transfer,
they shall
be
notified
by the
Division
of
Human Resources
of the date, time, and location of the pool
placement
meeting.
The spring pool
placement meetings
shall
normally
be held during the traditional
post-planning
days.
The Association and the Division of Human Resources shall discuss and agree
upon
all
extraordinary
scheduling
of
all
pool
placement meetings.
15.3.10 The ESP employees in the various
classification/group
pools will be listed according to their
seniority. Copies of the seniority and vacancy lists for the various ESP pools shall be available
for ESP employees and the Association by 2:00 p.m. of the last
working
day before the day the pool
meetings
are to be held.
15.3.11 At each
placement meeting, vacancies
will be
given
to each ESP who is required to transfer. The
ESP with the most seniority will be given his/her choice of vacancies. Using
seniority,
ESP
employees
will be given a choice until all are
placed
or until all
vacancies
are filled.
ESP employees
shall be
assisted
at their new sites in making a
smooth
transition into their new positions.
15.3.12 When there are more ESP employees in the pool than vacancies, the ESP with the
most seniority, after being
advised
of all
known consequences associated with
passing in
pool
placement,
will be given the right of refusal of each vacancy occurring until he/she is placed.
The ESP in the pool with the least
seniority
will be
assigned
to any vacancy occurring if all
ESP employees with more seniority have refused the position. ESP employees not assigned
will remain in the pool under
specified contractual
conditions.
15.3.13 One-half day ESP employees shall be entitled to select from any full day
openings
on a
seniority
basis.
15.3.14 The Division of Human Resources will work with ESP employees who were unable to be placed
in their specific
classification/group
to find the best
assignment possible
for the welfare of the ESP
and the School System. In cases where a unit is surplus but no lay off is declared, the ESP
shall be retained as surplus in their present position for a maximum of one year or until a transfer is
available. If the ESP is
transferred
to a position with a lower paygrade, the
ESP
shall not have a
21
reduction
in their
current
pay rate for a
period
of one year from the time they were
declared
surplus
and shall remain
in
their specific pool for available
vacancies for one full year.
Assignment options
offered
that are at the
same salary rate or greater are considered finalized unit
loss
assignments
if the
ESP is placed in such an assignment. If a lay off is declared necessary, procedures in Section 16
shall be implemented.
15.3.15 The Association and the Division of Human Resources shall discuss all extraordinary pool
placement assignment
procedures and/or situations before
pool
placement
occurs.
15.3.16
Any Secretary
I
who
is
promoted
to
Secretary
II as a
result
of
high enrollment only shall
be
considered
to
be in a
Secretary
I position in the event of unit loss, unless the employee
chooses
to be
placed
in
the
Secretary
II-unit loss pool.
15.4 New School and
Consolidation
Transfers
15.4.1 The seniority and unit loss policy will be used when boundary changes are made in making
mandatory new school transfers and
consolidation
transfers to the schools involved.
15.5
Family
Transfer
15.5.1 No ESP shall be
appointed
or
reappointed
to a work site in which his/her father, mother, brother, sister,
husband, wife, son, daughter, or in-law is employed as an
administrator
or in a position that directly
supervises the family member. An ESP and an administrator marrying during the school year
shall be allowed to finish that year at the same work location. It shall be the duty of the
principal/supervisor
and the Division of Human
Resources
to enforce the policy and to arrange for
required transfers if the year ends without voluntary transfer occurring. Voluntary transfers will
be
encouraged
prior to year ending.
16
REDUCTION
IN
FORCE
AND REEMPLOYMENT
16.1 Procedures
16.1.1 When it becomes necessary for a reduction in force, the Chief Human Resources Officer shall
place a freeze on all ESP positions. The seniority of ESP employees within a
group/classification shall be the governing factor in
determining
those ESP
employees
who
are to be laid off.
16.1.2 When programs are
discontinued
or cut back, the seniority of ESP
employees
in such
programs
shall
be the governing factor in
determining
whether or not those ESP employees are laid off or absorbed
into the regular program. The
following procedure
will be used:
a. The Superintendent and Assistant
Superintendents
shall determine the area, subject or
programs that will lose positions for the coming year. ESP employees shall be laid off in
order of least continuous seniority in the county and within the specific
groups/classifications
affected.
b. The Division of Human Resources will determine how many
positions
in the area,
subject,
or
programs
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. The Division of Human Resources will work with the ESP to be laid off, who is qualified for
another vacant position, to find the best assignment possible for the welfare of the ESP and
the school system. If an ESP is placed in a position of a lower paygrade, the ESP shall
not
have
a
reduction
in their
current
pay rate for a period of one year.
d. Laid-off ESP employees shall have first option for accepting reemployment on a seniority
basis, as vacancies open within the previously assigned groups/
classifications
for a period of
two years. No new ESP
employees shall
be
employed during the two-year
period until all ESP
employees
laid off from such assignments have been provided with the opportunity of filling
22
the positions. Hardship cases will be considered by the Division of Human Resources when
making these placements.
e. Upon
reemployment,
all
benefits
shall be restored.
17 LEAVES
17.1
General
Principles
17.1.1
Leave
for
ESP employees
is not
considered
a
termination
of employment.
Upon expiration
of the
leave,
an
ESP
shall be returned to the work site where he/she previously served, except as per unit loss.
17.1.2 When the circumstances for which a leave was granted are changed, an ESP may request an
early return from leave with prior notice (minimum of two weeks’ notice for extended leaves). When
the employee’s position is filled by a temporary employee contracted for the designated time
frame under an extended leave, the ESP may return temporarily to a vacancy within the district,
for which
qualified, until such time as the previous position is
available.
17.1.3
With
the
exception
of
sick leave,
all
other requests
for leave,
paid
or
non-paid, must
be
submitted
to the
site administrator
on the appropriate form(s). The site administrator is
responsible for timely submittal
of leave forms to the
Division of Human Resources.
17.1.4
Authorized
leaves shall not
constitute
a break in service.
17.1.5 Unless otherwise indicated, an ESP may not be employed full time
outside
the
school district
while on
leave
during
the
employee’s
normal work hours.
17.1.6 Upon expiration of the leave, an ESP shall be returned to the school where he/she
previously
served.
After an ESP’s absence of three
continuous combined
leaves, an ESP will return to the county
placement
pool for
reassignment,
if the pool is available (Spring or Fall), or may temporarily find a
position for which qualified until such time as the next county
placement
pool is held.
17.2
Absence
from Duty
17.2.1 An ESP who will be absent from duty shall notify the administrator/immediate supervisor or
their designee, as early as possible.
17.2.2 All absences from duty must be for a reason which can be excused by the
administrator/immediate supervisor. ESP employees who are willfully absent from duty without
leave or misrepresent the cause of absence, shall forfeit compensation for the time of such
absence, and shall be subject to disciplinary procedures specified in Section 13.
17.3
Funeral
Leave
17.3.1 In the event of the death of a member of the ESP’s immediate family (spouse, child,
mother, father, brother, sister, guardian, stepparent, stepchild, grandparent, grandchild, daughter-
in-law, son-in-law, parent-in-law, sister/brother-in-law, grandparent-in-law or any relative
residing within the employee’s household), an ESP on
permanent
status shall be granted up to
three days of paid leave to facilitate attendance at the funeral. Local vicinity funerals may
receive one day of funeral leave. Funerals that occur more than two hundred miles from SDHC
may
receive two days
of
funeral
leave.
Out-of-state funerals
may
receive
up to three days of
funeral
leave.
An
ESP
employee who has the
primary responsibility
of
making arrangements
for the funeral
of an immediate family member (spouse, child, mother, father, brother, sister, guardian,
stepparent,
grandparent, grandchild, daughter-in-law, son-in-law,
sister/
brother-in-law,
grandparent-in-law, parent-in-law,
step-child, or any relative residing within the employee’s
household) may be granted one additional day of funeral leave but not to exceed the
three-day
maximum.
17.3.2 Funeral leave is of special nature and may not be deferred or
converted
to any
other
purpose. It is not
charged
against any other leave account and is not accumulated in the manner of annual or sick
leave. Payment in lieu of funeral leave is not authorized.
23
17.4
Personal
Leave
17.4.1 Six
days
per
school year
for
personal leave may
be charged against accrued sick leave during
employee’s
regular work year. The ESP shall notify the administration as soon as possible of
their intent to utilize paid
personal
leave, but no later than regular
reporting
time.
Immediately following
the absence, a leave form shall be submitted stating that the
absence
was for
“personal
reasons.”
17.5 Sick Leave
17.5.1 An ESP who is unable to
perform
his/her duties
because
of his/her illness or because of the illness or
death of his/her
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, grandparents-in-law,
grandchild, or members of his/her own household (a person residing in the
house wherein
the
member resides,
or in
another
house upon the same
premises)
is entitled to use sick leave.
17.5.2 In every case of absence resulting from sickness or injury,
the employee shall notify the immediate
supervisor
promptly,
normally
prior to
regular reporting time, stating
the
nature
of illness or injury.
Failure to comply with this provision may be
grounds
for denial of sick leave with pay.
17.5.3
Employees
shall earn one day of sick leave for each month of employment during the regular work
year which shall not be used prior to the time it is credited to the employee. Permanent employees
shall be advance credited four sick days at the end of their first month of employment each
school year. Employees shall receive one day per month thereafter until they have received the
maximum allowable for their work year. Those employees who work in an extended school
year program shall accrue an additional
pro-rata
amount of sick leave as noted in Section 17.5.8.
If an employee terminates his/her employment through termination, resignation, retirement, or
death, prior to earning the days that have been advanced credited to them, the School Board
shall make an adjustment in the final compensation to ensure that the employee has not
been overpaid.
Sick leave accrual shall be cumulative from year to year; provided, there is no limit on the number
of days of sick leave that may be accrued. Sick leave shall accrue hourly based upon paid time.
17.5.4 All justified claims for sick leave must be approved by the
principal/supervisor
who shall make the
report to Payroll, and by such
person
as is
designated
by the
Superintendent
for this purpose. All
such claims shall be
substantiated
by filing of the
appropriate
form upon return of the ESP to duty or
during the course of his/her illness, as may be needed.
17.5.5 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.
17.5.6 For illness, ESP employees shall have the option of using
vacation
leave or sick leave.
17.5.7 ESP employees who are reemployed, except those who received terminal pay at separation, shall
be credited with all unused balances of sick leave held at the date of the
previous
separation.
17.5.8 ESP employees who are employed for a normal extended year program shall accrue sick leave
hours equal to their specific
extended
year work day.
Since extended year program employment is temporary,
ESP employees shall
not use
more than
one day of accrued sick leave during this type of employment.
17.6 Sick Leave Bank
17.6.1 Establishment
a. The Sick Leave Bank shall be established and
deemed to be in
operation
when one
thousand
sick
leave days have been
deposited
in the Bank.
24
17.6.2 Membership
a. Any
employee
may apply for
membership
to the Sick Leave Bank who is actively on duty and has
at least
eleven 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 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 f o l lo w i ng 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 September
in order to
continue
membership.
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 17.6.2 a.
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 17.6.2 a.
2. 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.
17.6.3 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 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
consecutive workdays
without pay.
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 paid sick leave days from the bank.
Payment of benefits for these approved one hundred 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.
25
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
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 benefits 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 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
unauthorized
funds received.
17.6.4 Administration
a. The Sick Leave Bank shall be administered by
the
Sick Leave Bank Committee.
b. The Sick Leave Bank Committee shall be the final authority on all disputes concerning membership
applications, benefits 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
Division
of Human Resources.
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.
h. The
membership
eligibility and benefits (100 days) of the 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.
17.6.5 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.
17.7 In-service
17.7.1 When ESP employees desire to attend a conference, convention, workshop, etc., they will
present a request for approval of the trip to their
principal/supervisor
at least two weeks in
advance
of the trip. If
approved, attendance
shall be
considered temporary assignment
to duty elsewhere.
26
17.7.2 Employees assigned to a new position shall receive
orientation
to the position and when
deemed
necessary
by the principal/supervisor shall receive appropriate training
assistance during
the regular work day
of
the first two
weeks in the new position.
Employees
who choose to participate
in
professional development
programs conducted after the work day shall be granted compensatory
time, unless a specific stipend is offered for that workshop.
17.8
Illness and
Accident
in
Line
of
Duty (See also Sections
24.2,
24.3, 24.4)
17.8.1 Any
employee
shall be
entitled
to illness or
accident
in-line- of-duty leave when he/she is absent
from his/her duties because of certain infectious or contagious childhood diseases contracted
in school work. This type of leave is
different and separate from any other type
of
leave and
shall be
treated as such. The amount of leave time allowable will be a minimum of one day and the
responsibility
of the Risk Management Department who shall keep both the
appropriate
Division
of Human
Resources Department
and the Payroll
Department advised
of leave status.
17.8.2 The principal or administrator in charge, upon notification by an employee of an on-the-job injury,
shall have the employee complete the “First Report of Injury or Illness” report.
17.8.3 If medical treatment is necessary due to an on-the-job injury, the injured person shall be given
a claim packet to complete. A “Referral for Medical Treatment” form will enable the employee to
report to an authorized doctor. The
completed
claim packet shall be faxed to the Workers’
Compensation Office by the supervisor. Except for emergencies, an employee needing care from
a doctor must use only doctors listed on Risk
Management’s
“List of
Approved
Doctors.” An
employee
may not
change
doctors without Risk
Management
approval.
17.8.4 The
employee
shall receive normal pay for the day of the injury. Upon
recommendation of
Risk
Management, the
School Board will also pay normal salary
to
an employee
who is injured on the job for
the first ten
working
days
following
such injury. The
employee
will be paid if
documentation
is
presented from the authorized treating physician taking that employee out of work and approved
by the
Workers’ Compensation
office. The maximum amount of paid days
shall be ten days in any
given year regardless of the number
of
injuries during that
year.
The ten days will only
be
paid
within a
period following three years after the accident
occurred. Follow-up
doctor
appointments
and/or
physical therapy will not be
covered
in
these
ten
days.
An
employee
who is given
paid days
will be
reported
in
Code
06 of the payroll.
17.8.5 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
paydays’ sometimes result in overpayments to an employee
which must be
returned.
The Risk
Management
Department shall be responsible for reporting usage and payments of leave to both the
appropriate Division
of
Human
Resources
department
and the Payroll Department.
17.8.6 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. Light duty status is only
available for approved Workers’
Compensation claimants,
not for
individuals returning
from
personal
illness or
injury.
17.8.7
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,
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 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/ s
upervisor
must send a memo to Risk
27
Management
stating that the employee was personally exposed to a specific illness. Medical
bills and leave of absence forms should be attached. Risk Management may specify maximum
benefits
for certain illnesses.
17.8.8 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.
17.8.9 The Board shall continue to provide its portion of the
employee’s
health and life insurance when the
ESP is on any approved
Workers’ Compensation
leave.
17.8.10 An
employee
on
Workers’ Compensation leave
is
assured
a
return
to the
same position
if the
leave
has
been
continuous for less than twelve months. If the
Workers’ Compensation
leave has been
continuous for more than twelve months, the employee will be assigned by the method of pool
placement.
17.9 Jury Duty or Court Witness
17.9.1 Any ESP of the school system when called for jury duty or 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 on court duty. A copy of the court order or
subpoena must be presented to the site
administrator prior
to the
requested date
of duty.
Upon
completion
of duty, the
employee
must
complete
a
Request
for
Leave
form and attach a
“verification
of
attendance.”
17.10
Personal
Leave (Short Term) Without Pay
17.10.1
An
ESP
may
be
granted
temporary
personal
leave
(maximum of twenty workdays) without pay, when
extenuating
circumstances
dictate. This leave cannot be
extended,
but a new leave request can be
made if the situation warrants it. A total of no more than thirty workdays may be given in any
fiscal year.
17.11 Military Leave
Reserve
Active Training
17.11 .1 ESP employees 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.
17.12 Military Leave
Reserve
Called to Active Military Service
17.12.1 ESP employees 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.
17.12.2 The work days within the first thirty calendar days of any such leave shall be with full pay. ESP
employees shall retain rights to their
assignment
until the end of the current school year. ESP
employees returning from military leave will be credited with one (or a partial) years’ 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 work site and group
(Paraprofessional) or classification
(clerical/other paraprofessional)
where he/she
previously
served.
17.12.3 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 reservist to
return
to work after 90 days will be
considered
as a break in
service. Returning reservist must provide the appropriate discharge documents (DD-214) indicating
an honorable discharge. Failure on the part of the ESP 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.
28
17.13 Military Leave
Voluntary
Service
17.13.1 ESP employees 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
exist.
17.13.2 ESP employees 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 ESP employees must submit a copy of his/her
honorable discharge papers from the service. Failure on the part of the ESP 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.
17.13.3 ESP employees returning from voluntary military service shall be credited with one (or partial)
years’ experience for determining salary benefits, rights and privileges for each (or partial) year
on leave. Upon expiration of the leave, an ESP shall be returned to the work site and group
(Paraprofessional) or classification (clerical/other
paraprofessional)
where he/she
previously
served.
17.14 Military Leave State or
National
Emergency
17.14.1 ESP employees 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.
17.14.2 ESP employees 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 ESP employees must submit a copy of their
honorable discharge papers from the service. Failure on the part of the ESP 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.
17.14.3
ESP
employees
returning
from
military
leave
shall
be
credited with one (or partial) years’ experience
for determining salary benefits, rights and privileges for each (or partial) year on leave. Upon
expiration of the leave, an ESP shall be
returned
to the
work
site and
group (Paraprofessional)
or
classification (clerical/other paraprofessional) where
he/she
previously
served.
17.15 Health Leave
17.15.1 A
permanent non-probationary
ESP may be granted health leave of six months without pay. A
Medical Verification form must be submitted with the Request for Leave form. Additional health
leaves, up to a maximum of thirty-six months, may be granted with a supporting Medical
Verification
form.
17.15.2 The Board shall provide its portion of the employee health and life insurance when the ESP is
granted any extended health leave. However, this obligation shall not extend past the end of the
fiscal year in which the health leave was initially granted. For health
leave extending
past the end of
fiscal year,
please see
Section 24.1.6.
This
language
in no way
infringes
upon or diminishes the rights
of covered employees under the FMLA.
17.15.3 The ESP must notify
his/her principal/supervisor
one week prior to return to duty from extended
health leave. The ESP must present a doctor’s release before returning from health leave. If the
doctor releases the ESP prior to the expiration of the leave, he/she is expected to return to work
immediately following
the
release
and proper
notification
(one week).
17.16
Educational
Leave
17.16.1 ESP employees may be granted educational leave to participate in educational programs
beneficial to the employee’s growth against his/her present or projected assignment in the
29
Hillsborough County School System. Educational leave shall be without pay and not exceed
twelve consecutive
months.
Only one educational leave
can be
obtained
after three years of
employment
and thereafter each three-year period. Proof of
training
shall be submitted upon return
from leave.
17.17 Maternity/Adoption
17.17.1 Pregnancy shall be considered as any other temporary disability of a non-occupational nature.
Upon proper request, any non-probationary permanent employee shall be allowed leave for
maternity purposes. The employee
must be placed on annual and/or sick leave insofar
as such credit
is accrued. Leave of
absence
without pay shall be granted for the remainder of the necessary
absence up to
twelve weeks after
the end of the pregnancy. The employee must
submit
a
verification
of the date the
pregnancy
ended.
17.17.2 The Board shall provide its portion of the employee health and life insurance when the ESP is
granted an extended maternity leave. However, this obligation shall not extend past the end of the
fiscal year in which the maternity leave was initially granted. For maternity leave extending past this
time, please see Section 24.1.6. This language in no way infringes upon or diminishes the rights of
covered employees under the FMLA.
17.17.3
Prior
to
returning from maternity leave, each employee
shall be required to submit a
physician’s
statement verifying
that she is
physically qualified
to resume her normal duties.
17.17.4 Leave may also be granted for
adoptive maternity/paternity
up to twelve weeks. Permanent
employees anticipating adoption of a child should submit proper and appropriate
verification
of
intent to adopt with the request for leave.
17.18 Family Health Care
17.18.1 A permanent, non-probationary ESP may be granted a
family health care leave of up to twelve weeks
without
pay.
A
Medical Verification form must be submitted with the Request for Leave form.
Additional leaves, up to a maximum of eighteen months, may be granted with supporting
Medical
Verification
form.
17.18.2 The ESP must notify
his/her principal/supervisor
no less than one week prior to return to duty from
leave.
17.19
Personal
Leave
17.19.1 A permanent, non-probationary ESP shall be granted a personal leave for one school year or the
remainder of a school year upon
completion
of three years of employment and with a minimum of
two weeks’ notice. One additional year of personal leave may be granted after each three
years of employment in the Hillsborough County School System. Such leave shall not be
cumulative.
17.19.2 An ESP cannot accept full-time (greater than 20 hours per week) employment while on personal
leave unless the spouse is enrolled as a full-time student or is serving on military duty.
18 RIGHTS/RESPONSIBILITIES
18.1 Assignments
18.1.1
Assignment
of duties shall be made without regard to age, race, creed, color, national origin, gender,
marital status, or membership
in any organization.
18.2
Voluntary
Activities
18.2.1 Activities beyond the workday that are not related to the ESP
employee’s
regular duties shall be
voluntary.
30
18.2.2 ESP employee’s attendance at each school’s annual open house is voluntary, however, the parties
recognize the importance of this activity to the school community. Therefore, ESP employees who
attend open house will be granted two hours of compensatory time to be used on non- student
days.
18.3 Privacy of Discussion
18.3.1 Verbal reprimands relating to individual problems, discussions concerning serious
performance problems, and/or
discussions
relating to
individual personal
situations shall be dealt
with in a
confidential
manner.
18.4 School Property
18.4.1 ESP employees shall be accountable but not financially responsible for school property lost,
stolen, or damaged when policies and
procedures
have been followed.
18.5 County Committees
18.5.1 The Association shall name a majority of any ESP representatives serving on a county committee
which will have an effect on ESP employees.
18.5.2 The School Calendar Committee shall include two ESP
representatives selected
by the
Association.
18.5.3 The school district shall create the School Community Professional Development Committee for
purposes of implementing related Florida statutes. ESP committee appointees shall be
appointed by the CTA. The term of office for each ESP committee member shall be for two
years.
18.6
Student
Illness
18.6.1 ESP employees (except Health Assistants) shall not be
required
to make final
decisions
on the
status
of a student’s illness and action to be taken, if any.
18.6.2 When there is no health assistant or nurse assigned daily to a school, or when the health
professional is absent or on a scheduled lunch or break, ESP employees may be directed to
administer student medication when they have specifically been designated by the principal for
such assignment, when they have been trained by appropriate district health services
professionals,
and when all relative Florida Statutes, School Board Policies and Procedures, and
District Health Services Guidelines have been implemented.
18.7
Paraprofessional
Supervision
18.7.1
Paraprofessionals
assigned to teachers are to be utilized
and supervised by the teacher to whom the
paraprofessional
is assigned.
Paraprofessionals
are not to be
routinely
used to
perform services
for
the
school’s administrative
office.
18.7.2 Assignments of duties necessary for the safety of students shall be distributed equitably among
comparable paraprofessionals at the work site and posted.
18.7.3 ESP who are assigned to multiple classrooms throughout the day shall be given adequate travel
time between classes.
18.8
Transportation
of Students
18.8.1
Paraprofessionals who transport students as an extension
of their normal work
activities
shall be
covered by the Board’s liability
insurance
policy when approved by the appropriate
administrator.
18.9 Staff Meetings
18.9.1 County-wide paraprofessional and clerical meetings shall be held annually. The objectives
of these meetings shall be to generally inform the system’s ESP of any new
operational
procedures and/or policies,
to
review,
if needed, any established operational procedures and/or
31
policies, to
promote county-wide communication for improved
efficiency in system operations, and to
offer any type of professional training that may be
beneficial
to ESP employees.
18.9.2 Staff
meetings/in-service
at
individual
work sites that require attendance by the ESP employees shall
be held during the normal work day. In instances where the staff meeting and/or staff
development is pertinent to the ESP’s job requirements, the ESP may be required to attend
beyond the normal work day up to 2 1/2 hours per year with one day’s notice. Exceptions shall
be made on an individual basis due to
extenuating circumstances
which
prevent
ESP attendance.
Compensatory
time at the
appropriate
rate will be given for time beyond the normal work day.
18.9.3 Afternoon staff and in-service meetings shall begin within ten
minutes
after student dismissal.
18.9.4 ESP
employees
may attend teacher
in-service programs
on a space
available, voluntary
basis.
Information
concerning these
programs
shall be made
available
to ESP employees and the
Association.
18.9.5 The appropriate amount of travel time to attend in-service/ staff
meetings
at other work sites during
the work day shall be allotted to ESP employees.
18.10
Personal
Profits
18.10.1 ESP
employees
shall not
personally
profit as a direct result of any company or individual engaged in
business with the School Board.
18.11 Faculty
Steering
Committee
18.11.1 There shall be ESP representation elected by the ESP faculty on each school faculty
steering committee. Since participation by ESP representatives shall be voluntary,
there is no
requirement for salary payment for this
committee work beyond the normal work day.
18.12 Parent
Conference
Day
18.12.1 If the teachers at a school choose to work the “optional
conference day schedule,” the ESP
employees
at
that
school shall have the
option
to work the
same
schedule.
However,
the regular
number of duty hours in a regular day must be accounted for by working and/or by compensatory
time,
personal time, vacation leave,
or
non-paid personal
time.
18.13 Accountability
18.13.1 School Improvement Plan waivers shall be considered part and parcel to the
collective bargaining
agreement.
18.13.2 All School Improvement Plan waiver proposals at a site shall be
approved
by
secret ballot
vote and
monitored
by an
association
representative.
18.14 Field Trip Expenses
18.14.1 ESP
employees
assigned to
chaperone
field trips shall not pay any
transportation
or
entrance
fees for
the trip.
18.15 School Choice
18.15.1
ESPs 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.
18.16 Dress Code
18.16.1 The School Board and the
Association
agree that although there is no official dress code for ESPs,
they are to be
professional
in their dress and
personal
grooming.
32
18.17 Access to Computers
18.17.1 ESP shall be granted adequate time each morning and afternoon to check email on IDEAS
without teacher or administrative oversight, during non-student time within their work day.
18.17.2 ESP shall have easy access to computers at each school site.
19 FACILITIES
19.1
Parking
Areas
19.1.1
Consideration
shall be given to safety and security of ESP
employee’s
cars when
assigning
parking
areas.
19.1.2 ESP employees at the Raymond O. Shelton School Administrative Center shall be assigned
parking at ROSSAC or a satellite area based on paygrade and seniority in the Hillsborough
County School System.
19.2 Dining Facilities
19.2.1 ESP employees shall be provided with facilities apart from students. In those schools where lack of
space prohibits a separate facility, an area within the student lunchroom will be established by use
of available visual barriers, such as bookcases, etc. This will not prevent an ESP from dining with
students
if he/she desires to do so.
19.2.2 ESP employees located at non-school work sites shall be provided with facilities apart from the
immediate
work area
whenever
possible.
19.3 Faculty Lounge
19.3.1 ESP
employees
shall be afforded equal access to and use of all faculty lounges, workrooms, and
restrooms through the workday.
19.4 Cash
Bookkeeping
Safety
19.4.1 School
Bookkeepers
and other ESP employees who have cash bookkeeping responsibilities shall
be provided a private work area for the
handling
of cash.
20 STUDENT
MANAGEMENT
AND
PROTECTION
OF ESP EMPLOYEES
20.1
ESP
Assault
20.1.1
Any ESP 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 on the appropriate form in triplicate. The
administrator
must verify the facts
connected with the assault including names of those involved and submit the original report of
assault to the Office of Risk Management within seventy-two hours of the event being reported.
A copy of the assault report shall be
retained
by the principal/
supervisor,
and a
copy furnished
to the
individual
assaulted.
20.1.2 In addition, an ESP who has suffered an assault may be
requested
to submit
supplemental
written
reports.
20.1.3 The appropriate law enforcement agency shall investigate
any reported ESP assault and make
a
full
report to the
Office of Risk Management. Such
reports
shall be
available
to the
Association
and the
individual
who
suffered
the assault.
20.1.4 A student accused of assault and/or battery upon an ESP shall be immediately removed from the
classroom setting
pending disposition
of the allegation.
20.1.5 Assault and/or battery upon an ESP that is confirmed shall afford the ESP the opportunity to
give input to the administration and/or the school’s placement review committee on the
student’s potential return to the ESP
employee’s classroom
setting.
33
20.2 Safety of
Students
and ESP Employees
20.2.1 ESP employees shall not be required to serve as security personnel during a period of civil
disobedience, bomb threats, or assaults on students or ESP employees by trespassers.
Paraprofessionals will make a reasonable effort to assist in seeing that their students are protected
while under their supervision.
20.2.2 Appropriate safety precautions shall be taken at all times at ESP work sites. If an ESP is aware that
a safety hazard exists, he/she shall inform the
appropriate administrator
as soon as possible.
20.2.3 Safety shall be considered when ESP employees are required to make
home/neighborhood
visits.
Some type of official district employee identification shall be provided to these employees.
20.2.4 ESP employees shall be informed when the district is informed, of any student in his/her
classroom involved in serious
types
of
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.
20.2.5
The
Administration
and/or
the
supervising
teachers
shall
give specific directions to ESP employees on
the
management
and discipline of the students. ESP employees shall not be responsible for
student discipline referrals except in emergency situations. ESP employees shall report all
student behavior problems to their supervising teachers, supervising administration, and/or in the
case of ESE
Attendant
Riders, to their bus drivers.
a. School-based clerical ESP shall not be solely responsible for monitoring students who have
been sent to the office for disciplinary reasons.
20.2.6 When a
teacher
is
absent
from the
classroom,
an ESP may send a student to the office to maintain
effective discipline in the classroom and/or to maintain a safe and productive
learning environment
for the
student’s
classmates.
20.2.7 The Administration shall give ESP employees who are
performing
student safety duty
assignments
with groups of fifty or more students written directions for procedures in
handling emergency
and/or
discipline
situations.
20.2.8 Principals and affected clerical ESP shall develop a safety plan for
implementation
on those rare
occasions when an
individual clerical ESP
is left to
close
an
office
or
school
with no
administrator
on duty.
21
PERSONNEL
FILES
21.1 Procedures
21.1.1 Any material originating within the school district which is derogatory to an ESP employee’s
conduct, service, character or personality relating to performance, shall be placed into the
employee’s file according to one of the
following
procedures:
a. By
Personal
Delivery
Any derogatory material must be provided to the
employee
before the
material
may be placed into
that
employee’s
file. If the
material
is
provided
by personal delivery to the employee, the employee
shall sign a copy of the document to acknowledge that he/she has received such material and in
no way indicates
agreement
with the content of the material.
b. By Witness
If an employee refuses to sign the derogatory information, the supervisor may get a third party to
witness that the employee has been provided the material. The
witness must
sign and date the
material before it is placed into the
personnel
file.
34
c. By
Certified
Mail
If an
employee
fails to sign such
derogatory
material, the
supervisor
may send the
material
via
certified
mail to the employee. The material may be placed into the personnel file ten days after the
registered receipt has been
returned
to sender.
Under any of the above procedures, an employee has the right to attach clarifying information
to the
derogatory
material.
21.2
Maintenance
of Records
21.2.1 ESP employees shall report as soon as possible to The Division of Human Resource any changes
of name,
address,
and
telephone number
that may occur
during
their employment.
22
GRIEVANCE
PROCEDURE
22.1
Purpose
of
Grievance
Procedure
22.1.1 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 ESP employees. Both parties agree that the proceedings
shall be
confidential
at any level of the procedure.
22.1.2 To provide a standard procedure for ESP employees, the Board hereby adopts one procedure which
shall be used by ESP employees. The following definitions, purpose, and procedure shall be
observed.
22.2
Definitions (Grievance
Procedure)
22.2.1 A “grievance” is a claim based upon an event or condition which affects the welfare and/or terms
and conditions of employment of an ESP or group of ESP employees and/or the 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 a 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 arbitratable. All other grievances
shall have Level III as the final step.
22.2.2 An
“aggrieved”
person is the person or
persons
making the claim.
22.2.3 A “party in interest” is the person or persons making the claim and any person who might be
required to take action or against whom action might be taken in order to resolve the claim.
22.2.4 The
“Association”
refers to the ESP
employee
organization that is
recognized
as the
exclusive
bargaining
agent.
22.2.5 The term “ESP” shall be deemed to apply to and include Educational Support Professionals of the
Board who are
included
in the ESP
bargaining
units.
22.3 Rights of ESP
employees
to be Represented
22.3.1 An ESP shall have the right to be represented at Level I of the grievance procedure by the
Association’s building representative or a member of the Association staff. An ESP shall have the
right to be represented at Level II and above by a
member
of the
Association’s
staff.
22.3.2 An ESP has the right to
represent himself/herself
at Levels I, II, and III of the
grievance
procedure.
22.3.3 The ESP may request the building representative to be present at any meeting or conference
related to an
employee’s conduct
or performance.
22.3.4 ESP
employees
may request a member of the Association staff to be present at any meeting or
conference
related to an employee’s conduct or performance where a county- level
administrator
is present.
35
22.3.5 ESP
employees
may request a member of the Association staff
to
be
present
at
any
meeting
or
conference
where
school security personnel and/or Child Protective Investigation
Division personnel
are present.
22.4 Miscellaneous
22.4.1 If, in the judgment of the
Association,
a
grievance
affects a class of ESP
employees,
the
Association
may submit such grievances 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.
22.4.2 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.
22.4.3
Documents, communications,
and records dealing with the
processing
of a
grievance will not
be
placed
in
the
personnel file of the participants.
22.4.4
Forms
for filing
grievances, serving notices, taking
appeals,
making reports, and recommendations and
other
necessary
documents
will be jointly prepared by the
Superintendent’s
designee and the
Association and given appropriate distribution so as to facilitate operation of the grievance
procedure. Copies of the documents shall be provided to each party with interest.
22.4.5 The Board and
Association
agree to make available to the aggrieved person and his/her
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.
22.4.6 When it is
necessary
at Level II or III for an ESP to attend a
meeting or hearing during the workday, the
Superintendent’s
office shall so notify the
supervisor
of said ESP, and he/she shall be
released
without
loss of pay.
22.4.7 No
grievance
shall be
recognized
unless it shall have been presented at the appropriate level within
thirty workdays 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.
22.4.8 No reprisals of any kind will be taken by the Board or by any
member
of the
administration
or
instructional
personnel
against any party
in
interest, any
Association representative,
or any other
participant in the grievance procedure by reason of such participation.
22.4.9 The
Chief Officer
for the
Division
of
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, with names of parties and schools omitted, shall be available to
the
Association
on request.
22.5 Procedures
22.5.1 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.
22.6
Pre-Grievance
Conference
22.6.1 Before a dispute enters the Grievance Process, the ESP must request a conference with the
administrator or other
immediate supervisor
to discuss and attempt to resolve the problem. This
conference shall precede all other steps in the
Grievance
Procedure.
22.7 Level I
22.7.1 If the pre-grievance conference with the principal or
immediate supervisor fails to solve the grievance,
the
person will file on a Level I form the
grievance
with
his/her
principal or
immediate supervisor,
36
either directly or together with the
Association’s representative,
with the
objective
of resolving the
grievance. A written
disposition
of the
grievance
will be given to the party in interest within ten
workdays. Before a principal may make a written deposition of an adverse decision concerning a
grievance, he/she must confer with
his/her
Area
Leadership
Director.
22.8 Level II
22.8.1 If the aggrieved person is not satisfied with the disposition of his/her grievance at Level I, or if no
decision has been
rendered within
ten
workdays
after
he/she
has first met with the appropriate
supervisor, he/she 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 supervisor, within ten workdays. The
Superintendent and/or his designee shall have ten
workdays
after
receipt
of the
grievance
in
which
to schedule a hearing.
22.8.2 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 place of the hearing.
22.8.3 Those permitted in the hearing room during the Level II
Grievance
hearing will include:
a. The
Superintendent
and/or 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 administrator(s) involved in the grievance.
f. The appropriate supervisory administrator,
representing
the administrator(s).
g.
Secretaries
to record the
proceedings.
h. Other parties as deemed necessary by either the Association or the
Administration.
22.8.4 The complete proceedings at Level II shall be recorded.
22.8.5 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/she 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.
22.8.6 The Superintendent shall render a written decision within fifteen
workdays
of the Level II hearing.
Said
decision
shall be
addressed
to the
grievant
with
copies
to the
other
parties of interest.
22.8.7 All
hearings
held at Level II shall be in closed
sessions
and no
news releases
shall be
made concerning
progress
of the hearings.
22.9 Level III
22.9.1 If the aggrieved person is not satisfied with the disposition of his/her grievance at Level II, or if no
decision has been rendered within fifteen workdays after the Level II hearing, he/she may file a
Level III grievance at the School Board level. The Level III form must be filed with the
General Manager of Employee Relations, either directly or through the Association’s representative,
within five wor k d a y s of receipt of the Superintendent’s decision or within five workdays of the
expiration of the time limit for rendering a decision.
37
22.9.2 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.
22.9.3
The
Superintendent
and/or
designee
shall
submit
a
written report to the School Board and a copy to the
Association.
The report should set forth finding of fact, reasoning and
conclusions
on the
issues
presented
at Level II.
22.9.4
The Association
staff person shall submit a written report to the Board through the
Superintendent
and/or his designee. The report should set forth finding of facts, reasoning and
conclusions
on the
issues
presented
at Level II.
22.9.5 Prior to the Level III hearing, the General Manager 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.
22.9.6 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.
22.9.7 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.
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.
22.10 Level IV
22.10.1 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.
22.10.2 Within ten workdays of receipt of the Level IV grievance, the Superintendent or designee will meet
with the Association for the purpose of selecting a mutually acceptable arbitrator.
22.10.3 If the parties cannot agree on an arbitrator within ten workdays, the American Arbitration
Association or the Federal
Mediation Conciliation
Service will be
petitioned
by the
Association
to
appoint an arbitrator.
22.10.4 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 fact, 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.
22.11
Arbitrator
Hearings
22.11.1 The arbitrator shall give at least ten workdays 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 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/her for determination.
38
22.11.2 The hearing shall be concluded within ten workdays of its commencement. Within ten workdays
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.
22.11.3 The arbitrator shall conduct the hearings and render a decision upon the basis of a prompt,
peaceful, and just
settlement
of
disputes between
the
ESP employees
and the Board.
22.11.4 Fees and
necessary expenses
of
arbitration
shall be borne equally by the
Association
and the
Board.
23
ASSOCIATION
RIGHTS
23.1
Exclusivity
of
Association
Rights
23.1.1 All rights granted in this section (Section 23, Association Rights) shall apply only to the
Hillsborough Classroom
Teachers Association
as the
exclusive bargaining
agent for ESP employees.
Any such rights or privileges shall not be
granted
to any other
association, union,
group or individual.
23.2
H.C.T.A.
Activities
23.2.1 The Association shall be permitted the use of work sites without cost for the purpose of conducting
meetings. The Association shall clear the scheduling of such meetings with the
building
administrator/supervisor.
23.2.2 The Association and its several building units shall be
provided
with bulletin board space at each
work site for the purpose of posting notices and other related items. Site
selection, within ESP
access areas, shall
be the prerogative of the
Association
Representative.
23.2.3 The Association will have the right to provide Association material to ESP employees. Copies of
all generally distributed materials provided to ESP employees shall
normally
be
provided
to the
appropriate
administrator.
23.2.4 Authorized representatives of the Association will assume responsibility for posting or distributing
material for the
Association
during
non-work
time.
23.2.5 The
Association
ESP
representative
shall have the right to make known the time, place, and
subject
of
the
Association meetings.
23.2.6 The
Association
shall be provided with school mail service for the
distribution
of the
Association’s
newspaper
and also for the
purpose
of
contract
ratification.
23.2.7 The Association shall be afforded access to work location mailboxes for the purpose of distributing
Association material.
23.2.8 Full-time ESP employees shall be allowed a maximum of one meeting per month during the work
day as long as the meeting does not occur during the student day. Half-time ESP employees
may meet at the completion of their work day. Such meetings shall not exceed sixty minutes
during the work day.
23.2.9
A maximum
of two
ESP employees, during
any
school
year, shall be allowed to take one full year of
restricted leave to work for the Association on a full-time basis. Said leave shall be
renewable
for one
additional
year.
23.2.10 The President of the Hillsborough Classroom Teachers Association, who is also an employee of
the Board, shall be given full-time duty by the Board different from his/her normal ESP 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 ESP duties.
39
23.2.11 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 ESP duties. The
Association
shall inform the Board of the date of the
President’s
term of office.
23.3 Payroll Deduction
23.3.1 The Board agrees to deduct from ESP
employees’
salaries an amount to cover dues for the
Association, as the ESP employees individually and voluntarily authorize the Board to deduct and
to transmit the amount so authorized to the office of the Association. ESP
employees
may
individually and voluntarily authorize the Board and the Association to
discontinue
such
deductions
with a thirty-day notice.
23.4 Convention
23.4.1 The Board shall grant
Association members
a
maximum
of fifty days of
professional
leave per year
for the purpose of attending
the
Association’s
annual
convention
in
accordance with the following:
a. No more than two clerical delegates per work site/
department,
as
determined
by the Division
of Human
Resources,
shall attend the convention.
b. Up to
sixteen ESP Association members
shall receive
two days’
professional
leave.
c. Other ESP
delegates
of the
Association
shall receive
one-day
professional
leave.
d.
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.
e. A delegate who is also an officer of the Association shall receive 5 days’ professional leave
to attend the annual
National
Convention.
23.5
Bargaining
Team
23.5.1 ESP bargaining team members shall be provided with released time from their duties when
bargaining occurs during the workday.
23.6
Administrative
Review
23.6.1
The
Association
may
request
an
administrative
review
with
the
appropriate county-level administrator
through the General Manager of Employee Relations when the Association
has a
concern
which it feels affects the welfare of the ESP
employees and/or the system; the use
of
this procedure
does not
negate
the use of
other remedies
in the contract.
23.7
Legislative/Professional
Days
23.7.1
The Association
may
request
leave for
members
to engage in legislative or professional activity up
to the cumulative
Association
total of 60 days per year. Such leave shall be granted by the Board
and said
members
will be considered to be on paid
professional
leave.
23.8
Membership
Solicitation
23.8.1 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 units at any duty-free
time during the workday provided solicitation does not interfere with the official duties of
employees
and the
operation
of schools.
40
23.9 Access
23.9.1 The Association shall be afforded access to all work sites and grounds, including work location
parking lots. The Association representative shall notify the building
administrator
when
reporting
to a work site.
24
INSURANCE
AND
INJURY
BENEFITS
24.1 Health and Life
Insurance
Coverage
24.1.1 The School Board agrees to pay the premium for the
employee
for a
comprehensive medical
insurance
program.
24.1.2 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
or
during
the
Employee Benefits
Open
Enrollment
Period.
24.1.3 In the event of lay-off, ESP employees will be permitted to
continue
as
members
of the
health
group for up to one year at their own expense past the time of prepaid coverage or until
covered
by a new
employer, whichever
is sooner.
24.1.4 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.
24.1.5 The
School
Board
agrees
to pay the
premium
for employee coverage for term life insurance equal
to one times an
employee’s annual salary rounded
to the
next higher
$1,000 with a
minimum
of
$10,000. The
employee
shall designate a
beneficiary
for the
payment
of such coverage.
24.1.6 ESP
employees
on
approved extended
leave or upon
retirement
may continue insurance coverage by
paying the total premium on a monthly basis to the school system in a method specified by the
district. For exceptions occurring for
Workers’ Compensation
leave, health leave, and maternity
leave, see
Sections
17.8.9,
17.15.2,
and 17.17.2.
24.2
Personal
Injury
Benefits Resulting from
Assaults
24.2.1 Whenever an ESP is temporarily absent from work and temporarily unable to perform his/her
duties as a result of an assault incurred in the scope and course of his/her employment and not
the result of his/her own negligence, he/she will be paid his/her full salary less the amount of any
workers’ compensation payment or award made for
temporary disability
due to said
assault
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. Such pay shall not exceed the amount an employee is
entitled
to
receive under his/her
contract.
Absences
directly attributable to an assault will not be
charged to sick leave for the period of temporary disability up to 12 months as stated above. Any
and all appropriate leave forms shall be marked for Workers’ Compensation and sent to the
Risk Management Department. The Risk
Management
Department shall be responsible for
reporting usage and payments of leave to both the appropriate Division of
Human Resources
department
and the
Payroll
Department.
24.2.2 The Board shall have the right to have the ESP examined by a physician designated by the Board
to assist it in determining the length of time during which the ESP is temporarily unable to
perform his/her 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.
24.2.3 Whenever an ESP
employee’s
personal property is soiled,
damaged,
or
destroyed
by
students
or
nonstudents
through acts of
personal physical assaults,
if
recovery
by the Board is not possible
through legal means, the school system shall reimburse the ESP when such losses occur in the
performance of his/her duty. All such assaults must be
reported
in
accordance
with the assault
policy.
41
24.3
Workers’ Compensation Benefits
(also see Section 17.8)
24.3.1
Payment of salaries by the Board and wage benefits
payable under Florida
Workers’ Compensation
Statutes
shall not be made so as to result in double payment for any period of service.
Overpayments
shall be paid to the School Board.
24.3.2
Board payments
will
cover
the first ten
days
of
absence
with
doctor’s
verification.
After
the
employee
goes
off the payroll of the Board, the workers’ compensation benefits shall be paid to the employee.
25 RETIREMENT BENEFITS AND RESIGNATION PROCEDURES
25.1
Terminal
Pay
25.1.1 In order to encourage and reward ESP employees who
exercise particular care
in the
maintenance
of
their
personal health and job attendance, the Board will provide terminal pay to ESP
employees
upon
termination
of
employment
at retirement, or to their beneficiaries if service is terminated by
death. ESP employees shall be provided terminal pay upon termination when selecting the deferred
retirement option.
Terminal
pay shall be:
a. After completion of ten years of creditable service and through the twelfth year of service, an
employee will be paid 50% of his/her daily rate of pay times the
number
of
days he/she has
accumulated
in
sick
leave.
b. During and after the thirteenth year of creditable service, an employee will be paid 100%
of his/her daily rate of pay times the
number
of days
he/she
has
accumulated
in sick leave.
25.1.2 All terminal pay shall be paid in the month following retirement, but not more 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 December payment, a written
request must be given to the Payroll
Department
no later than
December
1.
25.2
General
Information
25.2.1 ESP employees shall follow retirement requirements including reemployment restrictions as
provided by the Florida Retirement System Rules and Regulations.
25.4
Resignation
Procedures
25.4.1 An ESP may leave the service of the system voluntarily by resignation. Whenever possible, the
resignation shall be in writing and submitted to the
principal/supervisor
in a timely fashion (normally
two weeks). The
resignation
shall be forwarded to The Division of Human Resource as soon as
possible
for processing.
26
SAVINGS
CLAUSE
26.1 Provisions
26.1.1 If any provision 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.
26.1.2 Any substitute action to the provisions of the contract
contemplated
by the Board shall be
subject to negotiations with the Association.
26.1.3 Any section of this contract may be reopened by mutual
consent
of the Board and the Association.
26.1.4 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 units in which the Board
anticipates
changing the present practice, negotiations shall commence immediately relative to the
areas
affected
by the change in statute.
42
27
AGREEMENT/EXPIRATION
DATE
27.1
Non-Money
Items
27.1.1 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, 2021, and from year to year or day to day
thereafter
until a new
contract
is
ratified
by the
Board and the Association.
27.1.2 If
either party desires
to
make changes
in the
agreement,
the
parties must inform each other, by the first
working day in
May,
2021, or by the first working day in May in any year the contract
is
extended,
of
the
intent
to
set forth the desired
changes.
27.2 Money Items
27.2.1 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, 2021, and from year to year or day to day thereafter until a new money contract is ratified by
the Board and the Association.
27.2.2 If either party desires to make changes in the agreement, the parties must inform each other by
the first working day in June 2021, or by the first
working
day in June in any year the
money contract
is
extended,
of the intent to set forth the desired changes.
In witness whereof, the Parties hereto have caused their duly authorized representatives to execute this
Agreement on this 10 day of December 2018.
_________________________ _______________________
Mark West, Chief Negotiator Stephanie Baxter-Jenkins
School Board of Hillsborough County Chief Negotiator and Executive Director
Hillsborough Classroom Teachers Assoc.
_________________________ _______________________
April Griffin, Chair Jean Clements, President
School Board of Hillsborough County Hillsborough Classroom Teachers Assoc.
_________________________
Jeff Eakins, Superintendent
School Board of Hillsborough County
43
INDEX
SUBJECT
SECTION
PAGE
Absence
from Duty
17.2
22
Absences,
Excessive
13.1.1e
16
Access to Computers
18.17
32
Access to Work Sites
23.9
40
Accident
and Illness in Line of Duty
17.8
26
Accountability/School Improvement
Plan
18.13
31
Administrative
Review
23.6
39
Administrative
Transfer
15.2
19
Adoption
Leave
17.17
29
Advertisement
of Vacancies
15.1.5
19
Agreement/Expiration
Date
27
42
Appointments
- Concurrent
7.5
10
Appointments
-
Extended
Year
7.6
10
Appointments
- Halftime
7.2
9
Appointments
- New Employees
2
3
Appointments
- Restricted
7.4
10
Appointments
-
Substitute
for ESP
7.3
9
Appointments
-
Substitute
Teaching
7.7
10
Appointments
- Temporary
7.1
9
Assault of ESP
20.1
32
58
Assaults
-
Personal
Injury Benefits
24.2
40
Assignment
Changes
9.2.11
11
Assignments
18.1
29
Assignments, Transition
Time Between
18.7.3
30
Association
Activities
23.2
38
Association
Convention
23.4
39
ASSOCIATION
RIGHTS
23
38
Attendance
– Sign in/out Procedures
9.2.14
12
44
SUBJECT
Bargaining
Team
SECTION
23.5
PAGE
39
Bargaining
Unit
Members
- Job Titles
1.2
1
Bereavement
Leave – See:
Funeral
Leave 17.3 22
Breaks - Overtime
9.3.2
12
Breaks - Regular
9.2
11
Career Observation
12.3
15
Career
Observation
- Level II
12.3.7
16
Career
Observation
- Timelines
12.3.3
15
Cash
Bookkeeping
Safety
19.4
32
Certifying, Testing
and Qualifying
5
6
Clerical
Bargaining
Unit
1.2.2
1
Compensatory
Time - Clerical
6.2.1
8
Compensatory
Time - Open House
18.2.2
30
Compensatory
Time - Paraprofessional
6.2.2
8
Complaints
Against an ESP
11.4
14
Computers, Access
To
18.17
32
Conference
Day - Hours
18.12
31
Consolidation
Transfer
15.4
21
Convention
-
Annual
Association
23.4
39
County
Committees
- ESP Representation
18.5
30
Court
Witness
Leave
17.9
27
Criminal
Record Check
2.3
4
CTA
Rights
23
38
Definitions
1.3
3
Demotion
-
Disciplinary
Procedure
13.1
16
Demotion
- Salary Change
6.1.7
7
Dining Facilities
19.2
32
Disciplinary
Procedures
13
16
Dress Code
18.16
31
45
SUBJECT
SECTION
PAGE
Drug Free Work Place &
Substance
Abuse
3
4
Drug Policy
3.1
4
Drug
Rehabilitation/Disciplinary
Action
3.3
5
Drug Testing
3.2
4
Dues - Payroll Deduction
23.3
39
Educational
Leave
17.16
28
Email,
Access to Computer
18.17
32
Employment
Processing
2.1
3
ESP - Definition
1.3.1
3
Evaluation
- Forms and Procedure
11.3
13
Evaluation
- Frequency
11.2
13
Evaluation
Procedures
11
13
Evaluation
Rater/Reviewer
11.1.2
13
Excessive
Absences
13.1.1e
16
Experience
Credit - Clerical
8.1
10
Experience
Credit - Paraprofessional
8.2
10
Expiration
of Contract
27
42
Extended
Year
Program
- Appointments
7.6
10
Facilities: Parking,
Dining, Lounge
19
32
Faculty Lounge
19.3
32
Family Health Care Leave
17.18
29
Family
Transfer
15.5
21
Field Trip Expenses
18.14
31
Fingerprinting
- New Employees
2.3.2
4
Funeral
Leave
17.3
22
Gifts/Personal
Profits -
Business
Related
18.10
31
Grievance
-
Arbitration
Hearing
22.11
37
Grievance
- Level I
22.7
35
Grievance
- Level II
22.8
36
46
SUBJECT
Grievance
- Level III
SECTION
22.9
PAGE
36
Grievance
- Level IV
22.10
37
Grievance
–
Pre-Grievance
Procedure
22.6
35
Grievance
Procedure
22
34
Groups - Paraprofessional
1.2.3
2
H.C.T.A.
Activities
23.2
38
Health and Life Insurance
24.1
40
Health Leave
17.15
28
Health Leave - Family
17.18
29
Holidays
10.2
13
Hours -
Conference
Days
18.12
31
Hours -
Non-student
Days
9.2.12
11
Hours - Overtime
9.3
12
Hours - Regular
9.2
11
Illness - Student
18.6
30
Illness and
Accident
in Line of Duty
17.8
26
In-service Meetings,
On Site
18.9.2
31
In-service/Training
17.7
25
Insurance
- Health and Life
24.1
40
Insurance
- Health Leave
17.15.2
28
Insurance
-
Maternity
Leave
17.17.2
29
Insurance
and Injury Benefits
24
40
Interviews
- Within District
5.1.10
7
Job Descriptions
5.1.9
7
Jury Duty Leave
17.9
27
Just Cause for
Disciplinary
Action
13.1.1
16
Lay-Off -
Reduction
in Force
16
21
Leave -
Absence
from Duty
17.2
22
Leave - Educational
17.16
28
47
SUBJECT
SECTION
PAGE
Leave - Family Health Care
17.18
29
Leave – FMLA, Health
17.15.2
23
Leave – FMLA, Maternity
17.17.2
29
Leave - Funeral
17.3
22
Leave - Health
17.15
28
Leave -
Illness/Sick
Leave
17.5
23
Leave – In-service
17.7
25
Leave - Jury
Duty/Court
Witness
17.9
27
Leave - Maternity/Adoption
17.17
29
Leave - Military -
Reserve
Active Service
17.12
27
Leave - Military -
Reserve
Active Training
17.11
27
Leave - Military -
State/National
Emergency
17.14
28
Leave - Military -
Voluntary
Service
17.13
28
Leave -
Personal
- Long Term -
Without
Pay
17.19
29
Leave -
Personal
- Short Term -
Without
Pay
17.10
27
Leave -
Personal
Days - With Pay
17.4
23
Leave -
Personal, Outside
Employment
17.19.2
29
Leave - Vacation
10.1
12
Leave -
Workers’
Compensation
17.8
26
Leave, Sick
17.5
23
Leaves
17
22
Leaves -
General
Principles
17.1
22
Legislative/Professional
Days (HCTA)
23.7
39
0
Level
Increases
-
Movement
Requirements
6.1.3
7
Life and Health Insurance
24.1
40
Lunch Hours
9.2
11
Maternity/Adoption
Leave
17.17
29
Medical Examination
- Head Start Program
2.2.3
3
Medical Examination
- New Employee
2.2.1
3
48
SUBJECT
Medical Examination -Special
Circumstances
SECTION
2.2.2
PAGE
3
Medication
- Student
18.6.2
30
Membership
Solicitation
23.8
39
Mileage
6.1.6
7
Military Leave -
Reserve
Active Service
17.12
27
Military Leave -
Reserve
Active Training
17.11
27
Military Leave -
State/National
Emergency
17.14
28
Military Leave -
Voluntary
Service
17.13
28
Money Items
27.2
42
Negotiations
Procedures
1
1
New
Employee
Requirements
2
3
New
School
Transfer
15.4
21
Non-Money
Items
27.1
42
Open House - Attendance
18.2.2
30
Outside Employment
While On Leave
17.19.2
29
Overtime
-
Compensation
- Clerical
6.2.1
8
Overtime
-
Compensation
- Paraprofessional
6.2.2
8
Overtime
- Duty Time
9.3
12
Paraprofessional Bargaining
Unit
1.2.3
2
Paraprofessional
Groups
1.2.3
2
Paraprofessional
Supervision
18.7
30
Parking
Areas
19.1
32
Parties to the Agreement
1.1
1
Paternity Adoption
Leave
17.17.4
29
Payroll Deduction
23.3
39
Personal
Leave - Long Term -
Without
Pay
17.19
29
Personal
Leave - Short Term -
Without
Pay
17.19
29
Personal
Leave Days - With Pay
17.4
23
Personal
Profits - Gifts -
Business
Related
18.10
31
49
SUBJECT
SECTION
PAGE
Personnel
Files
21
33
Pool
Placement
- Unit Loss
15.3.8
20
Pre-Disciplinary
Hearing
13.2.5
17
Pre-Grievance
Conference
22.6
35
Privacy of Discussion
18.3
30
Probationary
Period
12.1
14
Probationary
Period - Promotions
12.2.3
15
Promotion
- Salary Change
6.1.7
7
Promotional Observation
Period
12.2.2
14
Qualifying, Testing,
and Certifying
5
6
Reassignment
to
Previous
Classification
12.2.3
15
Reclassification
4
5
Reclassification
-
Approved
Reclassifications
4.3
6
Reclassification
-
Association
Review
4.2
6
Reclassification
- Definition
1.3.2
3
Reclassification
- Procedure
4.1
5
Reclassification
- Salary Change
6.1.7
7
Recruiting
5.1.3
6
Reduction
in Force - Lay-Off and Reemployment
16
21
Regarding
- Definition
1.3.3
3
Regarding
- Procedure
6.1.10
8
Regarding
- Salary Change
6.1.7
7
Representation
Rights
22.3
34
Resignation
Procedures
25.4
41
Restricted
Appointments
7.4
10
Retirement
Benefits
25
41
Rights - Association
23
38
Rights/Responsibilities
- ESP
18
29
Safety
of Cash
19.4
32
50
SUBJECT
Safety of ESP
SECTION
20.2
PAGE
33
Safety
of Students
20.2
33
Safety
of
Students
-
Duty
Assignments
18.7.2
30
Salary
6
7
Salary - Promotions/Demotions
6.1.7
7
Salary - Provisions
6.1
7
Savings
Clause
26
41
School Choice
18.15
31
School
Improvement
Plan/Accountability
18.13
31
School Property
18.4
30
Seniority
14
18
Sick Leave
17.5
23
Sick Leave Bank
17.6
23
Sign In/Out Procedures
9.2.14
12
Staff Meetings
18.9
30
Steering Committee
- School
18.11
31
Step
Increases
-
Movement
Requirements
6.1.3
7
Student
Discipline
20.2.5
33
Student
Illness
18.6
30
Student
Medication
18.6.2
30
Substitute
Appointments
7.3
9
Substitute
Teacher -
ESP
Acting as
7.7
10
Summer
School - Salary
6.1.2
7
Summer
School
(Extended
Year) - Appointments
7.6
10
Supervision
of
Paraprofessionals
by Teachers
18.7
30
Suspension
-
Disciplinary
Procedure
13.2
17
Temporary
Appointments
7.1
9
Terminal
Pay
25.1
41
Termination
-
Disciplinary
Procedure
13.2
17
51
SUBJECT
SECTION
PAGE
Testing, Qualifying,
and Certifying
5
6
Transfer
- Administrative
15.2
19
Transfer
- Family
15.5
21
Transfer
- Lateral - Salary Change
6.1.7
7
Transfer
- New School/Consolidation
15.4
21
Transfer
- Unit Loss
15.3
19
Transfers
-
General
Principles
15.1
19
Transporting
Students
18.8
30
Uniform
Allowance
6.1.11
8
Unit Loss Transfer
15.3
19
Vacancies
-
Advertisement
of
15.1.5
19
Vacation
Leave
10.1
12
Voluntary
Activities
18.2
29
Voluntary Demotions
- Career Observation
12.2.1
14
Voluntary Demotions
- New Classification
6.1.7
7
Work Day Hours
9.2
11
Work
Schedules
- Clerical
9.2.2
11
Work
Schedules
- Paraprofessional
9.2.11
11
Work Year
9.1
11
7
Workers’
Compensation
17.8
26
Workers’ Compensation
- Benefits
24.3
41