jackie pendergrass president, board of directors lake
TRANSCRIPT
August 4, 2011 Jackie Pendergrass President, Board of Directors Lake Washington School District No. 414 Redmond, WA 98052 Dear Ms. Pendergrass: I am transmitting herewith the agenda for the Board of Directors’ regular meeting of August 8, 2011 beginning at 7:00 p.m. in the Board Room of the Resource Center, 16250 NE 74th Street, Redmond, WA. Order of Business
1. Convene, Roll Call 2. Approve Agenda 3. Public Comment 4. Consent Agenda 5. Non-Consent Agenda 6. Superintendent’s Report 7. Legislative Update 8. Board Follow-Up Items 9. Future Agenda Items 10. Debrief 11. Board Member Comments 12. Adjourn
Sincerely,
Chip Kimball Superintendent
LAKE WASHINGTON SCHOOL DISTRICT NO. 414
BOARD OF DIRECTORS' MEETING
August 8, 2011
Individuals with disabilities who may need a modification to participate in a board meeting should contact the superintendent's office as soon as possible in advance of a meeting so that special arrangements may be made.
CONSENT AGENDA
A consent agenda has been established by the board in order to eliminate the time-consuming task of acting on routine and repetitive business items. These items are now placed in a consent agenda package and will be voted on at one time.
If you see an item on the consent agenda that you would like to have publicly discussed, please discuss your concern with a board member prior to action on the consent agenda.
Lake Washington School District Acronyms
AYP - Adequate Yearly Progress
B/CR: Board/CEO Relationship
CBA: Classroom-Based Assessments
CIP: Continuous Improvement Plan
CLT: Central Leadership Team
CTE: Career & Technical Education
DIBELS: Dynamic Indicators of Basic Early Literacy Skills
DLT: District Leadership Team (manager level and above, includes both certified and classified)
EALR: Essential Academic Learning Requirements
EL: Executive Limitations (See Policy Governance, below)
ELL: English Language Learners
ERs: End Results (formerly known as ENDs). Goals set forth by the board, including the mission of the district.
GLE: Grade Level Expectations (state)
GP: Governance Process (Board)
HCP: Highly Capable Program
HSPE: High School Proficiency Exam
LC: Learning Community - The district is divided into four learning communities. Each one is made up of a high school and the elementary schools and junior highs that feed into it. The four learning communities are: Eastlake, Juanita, Lake Washington, and Redmond.
LEAP: Learning Enhancement & Academic Planning
MSP: Measurement of Student Progress
NEVAC: Northeast Vocational Area Cooperative (25 high schools north and east of Lake Washington, King & South Snohomish Counties)
NSBA - National School Board Association
OSPI: Office of Superintendent of Public Instruction
Policy Governance: A governance process used by the school board. Sets forth “ends” (goals) that the superintendent must reach, while abiding by “executive limitations.” Ends include the district’s mission. Executive limitations provide the boundaries for how the superintendent and staff can get to the goals. See the board policy section on the web site for more information.
Quest: Highly capable program for students in grades 1-9
RCW: Revised Codes of Washington
STEM: Science, Technology, Engineering, and Mathematics
WAC: Washington Administrative Codes
WaNIC: Washington Network for Innovative Careers
WASL: Washington Assessment of Student Learning (state test required under No Child Left Behind Act). WASL replaced by HSPE and MSP.
WLPT: Washington Language Proficiency Test
WSSDA: Washington State School Directors Association 5QL: 5 Stars for Quality Learning (staff development program on integrating technology into the classroom)
OFFICIAL MINUTES LAKE WASHINGTON SCHOOL DISTRICT NO. 414 Board of Directors' Meeting June 20, 2011 The board meeting was called to order by President Jackie Pendergrass at 7:00 p.m.
CALL TO ORDER
Members present: Jackie Pendergrass, Ravi Shahani, Nancy Bernard, Doug Eglington, and Chris Carlson. Present: Superintendent Chip Kimball.
ROLL CALL
Nancy Bernard moved to approve the agenda. Seconded by Doug Eglington. Motion carried.
APPROVAL OF AGENDA
Forrest Miller, Director of Support Services, recognized Chuck Collins, Resource Conservation Manager as the 2011 Renewable Energy Innovator of the Year for Region V which covers the west coast region. Mr. Collins manages the district’s conservation program. Through this program, $1.5 million a year has been saved in energy costs. He uses a three-prong approach: accounting oversight, behavior, and capital investment.
RECOGNITION - CHUCK COLLINS, 2011 RENEWABLE ENERGY INNOVATOR OF THE YEAR FOR REGION V
Doug Eglington moved to approve the consent agenda. Seconded by Nancy Bernard.
Jackie Pendergrass, yes; Ravi Shahani, yes; Nancy Bernard, yes; Chris Carlson, yes; and Doug Eglington, yes.
Motion carried.
CONSENT AGENDA
Approval of June 6 regular board meeting minutes and linkage session.
APPROVAL OF MINUTES
Approval of June 20, 2011 Human Resources Report and salary schedules.
APPROVAL OF HUMAN RESOURCES REPORT
Approves the nonrenewal of Mr. Ostrer’s contract for the 2011-2012 school year.
NONRENEWAL OF PROVISIONAL CONTRACT
LAKE WASHINGTON SCHOOL DISTRICT NO. 414 Board of Directors' Meeting June 20, 2011
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Approval of the following instructional materials for use in the Lake Washington schools - Title: Modern World History
Author: Ben Walsh
Publisher: John Murray Ltd.
Copyright: 2003
No. of Copies: 35
Price: $22.95
School Requesting: Juanita High School
Classification: 9th Grade Cambridge Social Studies
Title: Russia: A Concise History
Author: Ronald Hingley
Publisher: Thames and Hudson, Ltd.
Copyright: 2005
No. of Copies: 35
Price: $16.50
School Requesting: Juanita High School
Classification: 9th Grade Cambridge Social Studies
Title: Joyeux Noel
Author: Christian Carion Picture
Publisher: Sony Pictures
Copyright: 2006
No. of Copies: 1
Price: $19.95
School Requesting: Redmond Junior High
Classification: 8th Grade Social Studies
Title: Art History
Author: Marilyn Stockstad and Michael Cothern
Publisher: Pearson/Prentice Hall
Copyright: 2011
No. of Copies: 28
Price: $125.00
School Requesting: Redmond High School
Classification: AP Art History
Title: Tuesdays with Morrie
Author: Mitch Albom
Publisher: Double Day
Copyright: 1997
No. of Copies: N/A
Price: $8.39
School Requesting: Juanita High School
Classification: 10-12, Summer Reading Program
INSTRUCTIONAL MATERIALS ADOPTION
LAKE WASHINGTON SCHOOL DISTRICT NO. 414 Board of Directors' Meeting June 20, 2011
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Title: Atomic Learning
Author: N/A
Publisher: Atomic Learning, Inc.
Copyright: N/A
No. of Copies: 1 District Site License
Price: $35,765
School Requesting: District
Classification: K-12 Instructional Technology
Title: Masie Dobbs
Author: Jaqueline Winspar
Publisher: Penguin Books
Copyright: 2003
No. of Copies: 60
Price: $15.00
School Requesting: Juanita High School
Classification: 10 Language Arts
Title: Myers Psychology for AP
Author: David G. Myers
Publisher: Worth Publishers
Copyright: 2011
No. of Copies: 32
Price: $147.00
School Requesting: Juanita High School
Classification: 10-12 Social Studies
Title: Traditions and Encounters
Author: Jerry Bentley and Herbert Ziegler
Publisher: McGraw Hill
Copyright: 2011
No. of Copies: 270
Price: $130.75
School Requesting: ICS and Juanita High School
Classification: 10-12 Social Studies
Title: Building Java Programs
Author: Stuart Reges and Marty Stepp
Publisher: Addison Wesley
Copyright: 2010
No. of Copies: 32
Price: $89.00
School Requesting: Eastlake High School
Classification: 10-12 Technology
Title: Brainology
Author: Carol Dweck
Publisher: Mindset Works
Copyright: 2011
No. of Copies: 25
Price: $20
School Requesting: Franklin Elementary
Classification: 5-6 Social Studies
LAKE WASHINGTON SCHOOL DISTRICT NO. 414 Board of Directors' Meeting June 20, 2011
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Title: Spilling Ink
Author: Anne Mazer and Ellen Potter
Publisher: Roaring Book Press
Copyright: 2010
No. of Copies: 32
Price: $9.99
School Requesting: Eastlake High School
Classification: 6-12 Language Arts
Title: Environmental Science for AP
Author: Andy Friedland, Rick Relyea, and David Courard-Hauri
Publisher: Bedford, Freeman, and Worth
Copyright: 2012
No. of Copies: 32
Price: $134.00
School Requesting: Eastlake and Juanita High Schools
Classification: 10-12 Science
Authorizes the superintendent to enter into Interdistrict Cooperation
agreements with Bellevue and Northshore school districts for the Indian Education program for the 2011-2012 school year as presented.
INTERDISTRICT COOPERATIVE AGREEMENT FOR AMERICAN INDIAN AND ALASKA NATIVE K-12 STUDENTS, 2011-21
Approves Change Order No. 3 to Allied Construction Associates, Inc. for work at the John Muir Elementary School in the amount of $294,000.00, increasing the contract amount to $18,877,410.00.
CHANGE ORDER NO. 3, JOHN MUIR ELEMENTARY SCHOOL REPLACEMENT
Approves Change Order No. 8 to Babbit Neuman Construction Company for modernization work at the Finn Hill Junior High School in the amount of $233,265.00 increasing the contract amount to $30,703,269.01.
CHANGE ORDER NO. 8, FINN HILL JR. HIGH SCHOOL REPLACEMENT
Approves change order No. 35 to Lydig Construction Inc. for work at the Lake Washington High School Modernization extending the date of substantial completion for the water damaged portion of the building in Phase II to July 31, 2011.
CHANGE ORDER NO. 35 LAKE WASHINGTON HIGH SCHOOL MODERNIZATION
Approves change order No. 36 to Lydig Construction Inc. for work at the Lake Washington High School Modernization in the amount of $26,950.00 increasing the contract amount to $59,554,247.00..
CHANGE ORDER NO. 36 LAKE WASHINGTON HIGH SCHOOL MODERNIZATION
Approves change order No. 33 to Lydig Construction Inc. for work at the Lake Washington High School Modernization extending the date of substantial completion for Phase II construction to May 26, 2011
CHANGE ORDER NO. 2, LAKE WASHINGTON HIGH SCHOOL MODERNIZATION
LAKE WASHINGTON SCHOOL DISTRICT NO. 414 Board of Directors' Meeting June 20, 2011
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Awards the bid and authorizes the Superintendent to enter into a contract with Spee West Construction Co. for the replacement of the Carl Sandburg Elementary School in the amount of $20,674,700 (plus sales tax).
AWARD OF BID, CARL SANDBURG ELEMENTARY SCHOOL REPLACEMENT
Awards the bids and authorizes the superintendent to enter into a contract with Cornerstone General Contractors, Inc. for the replacement of the Helen Keller Elementary School in the amount of $17,214,500 (plus sales tax).
AWARD OF BID, HELEN KELLER ELEMENTARY SCHOOL REPLACEMENT
Adopts Resolution No.2087 approving the disposal of Portables No. 302, No. 303, No. 304, & No. 336 at Rose Hill Junior High School and declaring the equipment from both Rose Hill Junior High School and John Muir Elementary School listed on the attached page as surplus to the needs of the district and authorizing the superintendent to proceed with the distribution, transfer, sale, or disposal of the items listed.
SURPLUS AND DISPOSAL OF PORTABLE CLASSROOMS, ROSE HILL JUNIOR HIGH SCHOOL, AND EQUIPMENT, ROSE HILL JUNIOR HIGH SCHOOL AND JOHN MUIR ELEMENTARY SCHOOL, RESOLUTION NO. 2097
Adopts Resolution No. 2098 approving the disposal of Portable No. P259, Portable No. P317, and Portable No. P318, at Alexander Graham Bell Elementary School, in a manner that best serves the interests of the district.
SURPLUS AND DISPOSAL OF PORTABLE CLASSROOMS, ALEXANDER GRAHAM BELL ELEMENTARY SCHOOL, RESOLUTION NO. 2098
Adopts Resolution No. 2099 approving the disposal of Portable No. P282, Portable No. P283, Portable No. P314, and Portable No. P315 in a manner that best serves the interests of the district.
SURPLUS OF PORTABLE CLASSROOMS, CARL SANDBURG ELEMENTARY SCHOOL RESOLUTION NO. 2099
Adopts Resolution No. 2100 approving the disposal of Portable No. P206, Portable No. P252, and Portable No. P275 in a manner that best serves the interests of the district.
SURPLUS AND DISPOSAL OF PORTABLE CLASSROOMS, HELEN KELLER ELEMENTARY SCHOOL, RESOLUTION NO. 2100
LAKE WASHINGTON SCHOOL DISTRICT NO. 414 Board of Directors' Meeting June 20, 2011
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Accepts the donations/grants as identified -
Acceptance from Lake Washington Schools Foundation to Evergreen Junior High in the amount of $1,500.00 to support Classroom and School enrichment grant.
Acceptance from Evergreen Jr. High PTSA to Evergreen Jr. High in the amount of $1,713.39 to support Nature Vision, purchase library books, and provide Kindle grant.
Acceptance from Rosa Parks PTSA to Rosa Parks Elementary in the amount of $2,000.00 to purchase drama supplies, script, and licensing to support school plays.
Acceptance from Carl Sandburg PTSA to Sandburg Elementary in the amount of $1,246.37 to provide teacher stipends for Homework Club.
Acceptance from Lakeview PTSA to Lakeview Elementary in the amount of $8,213.50 to purchase instructional materials ($2,616.50) and provide a teacher stipend for music and support teacher training ($5,597.00).
Acceptance from Lake Washington Toddler Group to John Muir Elementary in the amount of $1,437.00 to support play and learn grant.
TOTAL $16,110.26
DONATIONS
NON-CONSENT AGENDA
Chip Kimball reported that in June the budget is presented for first reading prior to the public hearing held in August. He explained that the district’s advisory representative team (DART) provides input on the development of the budget. Barbara Posthumus, Coordinator of Finance, presented the proposed 2011-12 budget and highlighted changes and reductions. She stated that the proposed budget for 2011-12 has been prepared in accordance with state laws, rules, and regulations. The official F-195 state format has not yet been prepared as the process has not yet been released by the state. A copy of the budget will be available from the business office. A public hearing for the adoption of the 2011-12 budget is scheduled for the next regular board meeting on August 8, 2011. Chip Kimball and Barbara Posthumus, Coordinator of Business Services, responded to board members’ questions.
2011-12 BUDGET, FIRST READING
LAKE WASHINGTON SCHOOL DISTRICT NO. 414 Board of Directors' Meeting June 20, 2011
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Doug Eglington noted that this is on top of the $12 million cuts that the district has made over the last several years. Jackie Pendergrass asked how the district would address the reductions in K-4 class size enhancement and staff salaries. Dr. Kimball responded that one of the top priorities of the community was class size. As a result of State cuts, the district will increase elementary class size by an average of one student and will use local levy dollars to cover the difference. He continued and explained that the State cut teachers’ and classified salaries by 1.9% and administrators’ salaries by 3%. How this is to be executed is based on local bargaining. He pointed out that another priority of the community was to attract and retain high quality staff. If possible, we will try and maintain employees’ salaries and do this equitably across the system – for teachers, and classified and administrative staff – while maintaining a 5% fund balance. The district will be working with each employee group. Jackie remarked that levies were designed for enhancements and enrichment, not to fund basic education.
Chip Kimball presented and reviewed the changes to IKF-R, Graduation Requirements. This will affect the Class of 2016 and will include two credits in foreign language. He responded to board members’ questions. Doug Eglington moved to approve the revision to IKF-R, Graduation Requirements, which includes the addition of two world language credits and a net reduction of two elective credits while maintaining the current 22 total credit graduation requirement for the class of 2016 and beyond. Seconded by Chris Carlson. Motion carried.
IKF-R, GRADUATION REQUIREMENTS, REVISION
Chip Kimball presented EL-5, Treatment of Students and Parents, and responded to board members’ questions.
MONITORING BOARD POLICY – EL-5, TREATMENT OF STUDENTS AND PARENTS
LAKE WASHINGTON SCHOOL DISTRICT NO. 414 Board of Directors' Meeting June 20, 2011
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Chip Kimball presented EL-6, Student Learning Environment, and responded to board members’ questions.
EL-6, STUDENT LEARNING ENVIRONMENT
Chip Kimball presented EL-8, Instructional Materials Selection, and responded to board members’ questions.
EL-8, INSTRUCTIONAL MATERIALS SELECTION
The board members shared some of the feedback that they received during the June 6 linkage session with 7th grade parents. Ravi Shahani noted that everyone was supportive of the grade configuration change. Most of the concerns focused on the transition year such as leadership opportunities and readiness of school staff. Communication was stressed by parents. Nancy Bernard noted that parents wanted more challenge for their students and opportunities to take advanced courses/gifted programs along with choices for addressing alternative learning styles. Parents requested that arts and electives not be forgotten. It was suggested to mentor the underclassmen. Chip Kimball noted that the parents were also concerned about the transition for staff. He said that communication was consistent in both linkages with parents and that it would be important to share timelines which would help to alleviate some anxiety.
DEBRIEF – JUNE 6 LINKAGE SESSION
Chip Kimball provided an update on the electrical fire at the substation last week which knocked out power to many schools, businesses, and traffic lights throughout Redmond. He thanked that City of Redmond for escorting buses from the bus barn in order to transport students. He commended staff for dealing with this situation.
SUPERINTENDENT REPORT
Doug Eglington noted that the Governor signed the budget on June 15. The district may want to provide input on the State’s debt level because it could impact the district’s bond ratings; the legislature authorized a Blue Ribbon Committee to make recommendations. He continued and related that the board may submit legislative proposals for the WSSDA Legislative Committee for consideration at the upcoming annual conference. He will be attending the WSSDA Legislative Assembly in September.
LEGISLATIVE UPDATE
LAKE WASHINGTON SCHOOL DISTRICT NO. 414 Board of Directors' Meeting June 20, 2011
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Doug Eglington moved to adjourn. Seconded by Ravi Shahani. Motion carried.
The meeting was adjourned at 9:35 p.m.
ADJOURNMENT
____________________________________ Jackie Pendergrass, President
____________________________________ Chip Kimball, Superintendent Diane Jenkins Recording Secretary
OFFICIAL MINUTES LAKE WASHINGTON SCHOOL DISTRICT NO. 414 Board of Directors' Work Session June 20, 2011
The work session was called to order by President Jackie Pendergrass at 5:00 p.m.
UCALL TO ORDERU
Members present: Jackie Pendergrass, Nancy Bernard, Chris Carlson, Doug Eglington, and Ravi Shahani. Present: Superintendent Chip Kimball.
UROLL CALLU
The topics discussed were Budget and Timeline for CIP and
Goals. A 5-minutes break was taken. The meeting was recessed at 6:10. The board convened into executive session at 6:15 p.m. to discuss personnel and bargaining and reconvened at 7:00 p.m.
UTOPIC EXECUTIVE SESSION RE PERSONNEL AND UBARGAINING U
The meeting was adjourned at 7:00 p.m. UADJOURNMENT U
U____________________________________ Jackie Pendergrass, President U____________________________________
Chip Kimball, Superintendent Diane Jenkins Recording Secretary
Human Resources Board ReportAugust 8, 2011
NEW PERSONNEL
Salary/Rate Start Date
Ames, Stephanie NC Teacher Juanita Elem C-2 08/29/11 Leave Replacement
Backholm, Karolyn NC Teacher Muir Elem D-16 08/29/11 Leave Replacement
Bailie, Lynn NC Teacher Audubon Elem C-11 08/29/11 Leave Replacement
Banks, Vanessa NC Teacher Audubon Elem C-6 08/29/11 Leave Replacement
Becker, Guy NC Teacher Inglewood JH D-5 08/29/11 Leave Replacement
Becker-Brown, Kristen NC Teacher Rose Hill Elem D-1 08/29/11 Leave Replacement
Blier, Ashley NC Teacher McAuliffe Elem B-2 08/29/11 Leave Replacement
Bolton, Crystal NC Teacher Rosa Parks Elem C-7 08/29/11 Leave Replacement
Bowder, Kenneth Custodian Evergreen JH/ Dickinson Elem $17.42 04/21/11 Repl. M. Rantala
Burt, Cynthia NC .4 Teacher ICS B-5 08/29/11 Leave Replacement
Byrne, Cara NC Teacher Smith Elem C-12 08/29/11 Leave Replacement
Chadwick, Heather Teacher Redmond HS A-2 08/29/11 Leave Replacement
Chambers, Margaret NC Teacher Redmond HS C-1 08/29/11 Leave Replacement
Chester, Tracy NC Teacher Mann Elem B-8 08/29/11 Leave Replacement
Cole, Michael Athletic Complex Supervisor Lake Washington HS $48,005 03/18/11 Repl. D. Affholter
Connors, Katheryn NC Teacher Carson Elem A-1 08/29/11 Leave Replacement
Crow, Renee NC .6 Teacher Lake Washington HS C-0 08/29/11 Leave Replacement
Curry, Sharon NC Teacher Redmond HS A-0 08/29/11 Leave Replacement
Cutting, Debra NC Teacher Rush Elem D-14 08/29/11 Leave Replacement
Dasta, Sara NC Teacher Rush Elem C-0 08/29/11 Leave Replacement
Davis, Taylor NC Teacher Carson Elem C-4 08/29/11 Leave Replacement
DeFazio, Katie NC Teacher Redmond Elem A-1 08/29/11 Leave Replacement
Demos, Andre NC Teacher Mead Elem A-2 08/29/11 Leave Replacement
Dostert, Theresa NC Teacher Dickinson Elem C-11 08/29/11 Leave Replacement
Emiliusen, Lindsey NC .3 Teacher Smith Elem D-5 08/29/11 Leave Replacement
Evangelisto, Katie NC Teacher Lakeview Elem A-4 08/29/11 Leave Replacement
Name Position Location/School Reason
Human Resources Board ReportAugust 8, 2011
NEW PERSONNEL con't
Salary/Rate Start Date
Fornia, Kacie NC Teacher Muir Elem C-2 08/29/11 Leave Replacement
Foster, Emily NC .5 Teacher Franklin Elem A-0 08/29/11 Leave Replacement
Fox, Lucita NC Teacher Inglewood JH C-7 08/29/11 Leave Replacement
Frost, Danielle NC Teacher Kirk Elem C-3 08/29/11 Leave Replacement
Galloway, Erin NC Teacher Eastlake HS A-0 08/29/11 Leave Replacement
Goodwin, Megan NC Teacher Redmond Elem A-1 08/29/11 Leave Replacement
Green, Bonnie NC .5 Teacher (rev) Lakeview Elem A-4 08/29/11 Leave Replacement
Guettler, Robin NC Teacher Smith Elem C-8 08/29/11 Leave Replacement
Haber, Kimberly NC Teacher Kamiakin JH C-2 08/29/11 Leave Replacement
Hakes, Heather NC Teacher Kamiakin JH C-1 08/29/11 Leave Replacement
Hanefeld, Marianna .8 Teacher Family Learning Ctr D-4 08/29/11 Leave Replacement
Harlin, Judith NC Teacher Family Learning Center B-2 08/29/11 Leave Replacement
Hayes, Cheryl NC .7 Teacher Carson Elem C-12 08/29/11 Leave Replacement
Heal, Vicki NC Teacher Audubon Elem D-9 08/29/11 Leave Replacement
Heinz, Joann NC Librarian Audubon Elem D-16 08/29/11 Leave Replacement
Holland, Rachel NC Teacher Alcott Elem C-8 08/29/11 Leave Replacement
Holliday, Amy Teacher Rush Elem A-1 08/29/11 Leave Replacement
Johnson, Emily NC Teacher Rush Elem C-2 08/29/11 Leave Replacement
Jones, Robert NC Teacher Kirkland JH C-5 08/29/11 Leave Replacement
Kertson, Kimberly NC Teacher Dickinson Elem C-1 08/29/11 Leave Replacement
Knapman, Danielle NC Teacher Franklin Elem A-1 08/29/11 Leave Replacement
Luce, Mary NC Teacher Carson Elem A-5 08/29/11 Leave Replacement
Macer, Shelly NC Librarian Redmond HS D-11 08/29/11 Leave Replacement
Madsen, Craig Interim Principal Bell Elem $109,275 07/01/11 Repl. C. Anderson
Magraw, Jessica NC Teacher McAuliffe Elem A-0 08/29/11 Leave Replacement
Markov, Alexander NC Teacher Inglewood JH C-0 08/29/11 Leave Replacement
Martineau, William NC Teacher Evergreen JH C-14 08/29/11 Leave Replacement
Massey, Nicole NC .8 Teacher Lake Washington HS C-1 08/29/11 Leave Replacement
Name Position Location/School Reason
Human Resources Board ReportAugust 8, 2011
NEW PERSONNEL con't
Salary/Rate Start Date
Mathre, Annelise NC Teacher Redmond Elem A-1 08/26/11 Leave Replacement
Mattern, Andrew NC Teacher Rosa Parks Elem C-2 08/29/11 Leave Replacement
McElreath, Kimberly NC Teacher Carson Elem B-10 08/29/11 Leave Replacement
McShane, Margaret P3 Psychologist Special Services C-0 08/29/11 Budgeted
Moses, Devorah NC Teacher Inglewood JH C-1 08/29/11 Leave Replacement
Nelson, Kate NC .4 Teacher Blackwell / Carson Elem C-1 08/29/11 Leave Replacement
Nelson, Kate P3 .5 Teacher Blackwell Elem C-1 08/29/11 Leave Replacement
Oakley, Kimberly NC Teacher Franklin Elem A-0 08/29/11 Leave Replacement
Olsen, Lua NC Teacher Northstar JH C-0 08/29/11 Leave Replacement
Palmer, Matthew Interim Tech. Coordinator Resource Center $120,740 07/01/11 Repl. T Brenner
Pattillo, Brian Custodian Eastlake HS $17.42 03/21/11 Repl.E Mestrovac
Pence, Jennifer NC .5 Teacher Family Learning Ctr C-1 08/29/11 Leave Replacement
Presnell, Kelsie NC Teacher Evergreen JH A-0 08/29/11 Leave Replacement
Retzlaff, Rory NC Teacher Eastlake HS D-2 08/29/11 Leave Replacement
Rudkoski, Tara P3 OT Special Services C-0 08/29/11 Leave Replacement
Rumberger, Alyson NC Teacher Franklin Elem C-2 08/29/11 Leave Replacement
Runyon, Courtney NC Teacher Twain Elem A-1 08/29/11 Leave Replacement
Rupp, Laura NC Teacher Blackwell Elem C-1 08/29/11 Leave Replacement
Ryan, Elizabeth NC Teacher Einstein Elem C-3 08/29/11 Leave Replacement
Sharif, Sarra NC .8 Teacher Kirkland JH A-2 08/29/11 Leave Replacement
Shaw, Debra NC Teacher Explorer Elem D-6 08/29/11 Leave Replacement
Siemers, Jeannette NC Teacher Rosa Parks Elem C-0 08/29/11 Leave Replacement
Silverman, Amy NC Teacher Rose Hill Elem D-7 08/29/11 Leave Replacement
Simmons, Dawn P3 SLP Special Services C-0 08/29/11 Leave Replacement
Smith, Danielle NC Teacher Mead Elem A-3 08/29/11 Leave Replacement
Smith, Robert Custodian Bell Elem $17.42 04/18/11 Repl. T. Zigler
Stelling, Carolyn NC .5 Teacher Rose Hill JH C-0 08/29/11 Leave Replacement
Strazzulla, Jessica NC Teacher Einstein Elem C-0 08/29/11 Leave Replacement
Name Position Location/School Reason
Human Resources Board ReportAugust 8, 2011
NEW PERSONNEL con't
Salary/Rate Start Date
Strong, Stacie NC Teacher Rockwell Elem A-3 08/29/11 Leave Replacement
Sullivan, Elise NC Teacher Alcott Elem C-4 08/29/11 Leave Replacement
Swain, Jordan Teacher Redmond HS C-0 08/29/11 Leave Replacement
Swanson, Elizabeth NC .8 Teacher Rose Hill Elem C-14 08/29/11 Leave Replacement
Taberner, Candace NC Teacher Kirk Elem C-4 08/29/11 Leave Replacement
Taylor, Rebecca NC Teacher Alcott Elem A-4 08/29/11 Leave Replacement
Timofte, Mariana NC Teacher Eastlake HS A-5 08/29/11 Leave Replacement
Tomita, Whitney NC Teacher Muir Elem A-1 08/29/11 Leave Replacement
Trotter, Patricia NC Teacher Mann Elem B-2 08/29/11 Leave Replacement
Tucker, Christine NC .6 Teacher Muir Elem A-5 08/29/11 Leave Replacement
Unti, Briana Teacher Rosa Parks Elem A-0 08/29/11 Leave Replacement
VanDyke, Katherine NC Teacher Franklin Elem A-1 08/29/11 Leave Replacement
Weber, Anna NC Teacher Alcott Elem A-1 08/29/11 Leave Replacement
Weiss, Daniel NC Teacher BEST D-2 08/29/11 Leave Replacement
Wilson, Noah NC Teacher Keller Elem C-2 08/29/11 Leave Replacement
Wilson, Tiffany NC Teacher Mead Elem C-1 08/29/11 Leave Replacement
Woodworth, Briana NC Teacher Smith Elem A-1 08/29/11 Leave Replacement
Wright, Tamara NC Teacher McAuliffe Elem A-1 08/29/11 Leave Replacement
Zeitz, Suzanne NC Teacher Alcott Elem D-5 08/29/11 Leave Replacement
RETIREMENTS/RESIGNATIONS/TERMINATIONS
Name Position Location/School Start Date Effective Reason
Andera, Martina Prof Tech Willows S/S 09/06/01 08/31/11 Reduction in Force
Bedford, Jeremey Teacher Juanita HS 10/25/72 06/22/11 Retirement
Buscarino, Linda HR Specialist Resource Center 02/09/09 08/12/11 Resignation
Catudio, Theresa Special Ed Para Ed Rose Hill Elem 06/01/94 08/31/11 Resignation
Curnutt, Kathy IA McAuliffe Elem 09/02/86 06/22/11 Retirement
DeCastro, Ines Teacher Family Learning Center 08/24/92 06/22/11 Retirement
Name Position Location/School Reason
Human Resources Board ReportAugust 8, 2011
RETIREMENTS/RESIGNATIONS/TERMINATIONS con't
Name Position Location/School Start Date Effective Reason
Despain, Chad Crafts Facilities & Maintenance 11/05/11 06/17/11 Resignation
Earp, Sarah Special Ed Para Ed Special Services 01/03/11 06/20/11 Resignation
Edmonds, Deirdre Teacher Alcott Elem 10/27/09 06/22/11 Resignation
Ettinger, Elizabeth Teacher Rush Elem 08/24/10 06/22/11 Resignation
Fay, Andrea HS Athletic Trainer Redmond HS 01/06/09 06/24/11 Resignation
Fugitt, Sheri IA Dickinson Elem 02/03/97 07/01/11 Resignation
Gilbert, Ryan Teacher Inglewood JH 11/12/02 06/30/11 Resignation
Hagar, Stefan Special Ed Para Ed Kamiakin JH 01/20/98 06/22/11 Resignation
Hapeman, Gail Teacher Redmond HS 09/03/91 06/22/11 Resignation
Hein, Karrie Teacher LOA 01/01/98 06/22/11 .5 Resignation
Herman, Elizabeth Psychologist Special Services 08/24/10 06/22/11 Resignation
Hillis, Claire Teacher Wilder Elem 08/24/10 06/27/11 Resignation
Holman, Ann Teacher Thoreau Elem 10/17/79 08/31/11 Retirement
Kwek, Dorothy IA Dickinson Preschool 12/17/97 06/22/11 Resignation
Leahy, John Teacher Bell Elem 08/26/03 06/22/11 Resignation
Lewis, Meredith Teacher Franklin Elem 08/29/07 07/20/11 Resignation
Moulton, Emily Teacher Einstein Elem 08/24/04 06/23/11 .5 Resignation
Peterson, Paula Jo School Secretary Lakeview Elem 06/19/90 08/31/11 Retirement
Randall-Smith, Heidi OT Special Services 01/23/06 09/06/11 .2 Resignation
Sherwood, Kayla Teacher Finn Hill JH/LWHS 01/24/11 06/22/11 Resignation
Smith , Michelle Counselor Inglewood JH 08/28/06 06/22/11 Resignation
Swanburg, Kathryn Teacher Willows 08/27/08 06/22/11 Resignation
Tavener, Anna Teacher Wilder Elem 08/27/08 06/22/11 .5 Resignation
Thomas, Rhonda Secretary Blackwell Elem 08/18/08 07/19/11 Resignation
Turner, Lon Teacher Thoreau Elem 09/05/00 07/26/11 Resignation
Uphus, Emily Teacher Einstein Elem 08/29/07 06/22/11 Resignation
Velte, Margaret Teacher Redmond Elem 05/01/96 06/23/11 Resignation
Whaley, Judith Special Ed Para Ed Rockwell Elem 11/12/97 06/22/11 Retirement
Human Resources Board ReportAugust 8, 2011
CHANGE OF CONTRACTUAL STATUS
Name Location Change Effective
DateBarto, Heather Lake Washington HS .8 3-year provisional to 1.0 2-year provisional 08/29/11
Beresford, Shawna Finn Hill JH .6C to 1.0C 08/29/11
Bieker, John Redmond HS 1.0NC to .6 1-year provisional/.4NC 08/29/11
Black, Steffany Redmond JH .5 3-year provisional/.2NC to .5 2-year provisional/.5NC 08/29/11
Challman, Alysa Family Learning Center .5 C to 1.0 C 08/29/11
Conedy, Hillary Kamiakin JH .5NC to 1.0 3-year provisional 08/29/11
Deering, Bobbi Lake Washington HS .5 C to .5 C/.1 NC 08/29/11
Desmond, Shelley Juanita Elem .5C to .5C/.5NC 08/29/11
Dowling, Carlene Redmond JH .8NC to .8 3-year provisional 08/29/11
Fergason, Stephanie Redmond JH 1.0NC to 1.0 3-year provisional 08/29/11
Gilham, Karin Special Services .4C to .4C/.1NC 08/29/11
Grubin, Catherine Juanita HS .8 1-year provisional to .8 1-year provisional/.2NC 08/29/11
Hageman, Stanley Scott Twain Elem 1.0NC to 1.0 1-year provisional 08/29/11
Hale, Dave Lake Washington HS .8 NC to 1.0 1-year provisional 08/29/11
Horne, Gloria Redmond HS 1.0NC to .2NC/.8 3-year provisional 08/29/11
Isreal, Toby Alcott Elem .8 C to .8 C/.1 NC 08/29/11
Iufer, Sara Lake Washington HS .6 NC to 1.0 3-year provisional 08/29/11
LaFramboise, Leanne Dickinson Elem .4NC/.4 3-year provisional to 1.0 2-year provisional 08/29/11
Locey, Shawna Franklin Elem .5 3 year prov to .5 2 year prov/.5 NC 08/29/11
Lundquist, Michael Kirkland JH .6 C to .8 C 08/29/11
Martin, Lynette Rose Hill Elem .8 C to .8 C/.1 NC 08/29/11
Martinez, Lisa Lake Washington HS .8 C to 1.0 C 08/29/11
McNeill, April Dickinson Preschool 1.0NC to 1.0 1-year provisional 08/29/11
Nelson, Kate Blackwell/Carson Elem .5 NC to .5 3yr Prov 08/29/11
Phillips, Elise Redmond JH 1.0NC to 1.0 3-year provisional 08/29/11
Puleo, Jessica Kirkland JH .6 C to 1.0 C 08/29/11
Raji, Ashley Redmond HS .6 NC to .8 1-year provisional 08/29/11
Roberts, Kim Juanita HS .6C to .6C/.2NC 08/29/11
Human Resources Board ReportAugust 8, 2011
CHANGE OF CONTRACTUAL STATUS con't
Name Location Change Effective
DateSchmiedeskamp, Veronica Lake Washington HS .6 NC to 1.0 3-year provisional 08/29/11
Sheely, Kimberly Lake Washington HS .5 C to .5 C/.5 NC 08/29/11
Simmons, Wendy BEST/Family Learning Center .6 C to .6 C/.3 NC 08/29/11
Stroh, Christopher Keller Elem/Kamiakin JH 1.0NC to 1.0 3-year provisional 08/29/11
Townsend, Rebecca Juanita HS .6 3-year provisional to .8 two-year provisional 08/29/11
Trochalakis, Alicia Dickinson Preschool 1.0NC to .5 1-year provisional 08/29/11
Vallene, Michelle Einstein Elem .5NC to .5 3-year provisional 08/29/11
Vidal-Armour, Evelyn BEST/Family Learning Center .4 C to .4 C/.2 NC 08/29/11
Watterson, Emily Redmond HS .5NC/.5 3-year provisional to .4NC/.5 2-year provisional 08/29/11
Zahn, Leigh Mead Elem .5 C to .5C/.2NC 08/29/11
SUPERINTENDENT CONTRACT
Addendum to Superintendent Contract
DIRECTION OF SELECTED CAPITAL FUND INVESTMENTS TO THE GENERAL FUND, RESOLUTION NO. 2101
August 8, 2011
SITUATION RCW 28A.320 allows a school district to direct the county treasurer to deposit all or portions of interest earnings from capital fund investments to the general fund. Such deposits may only be used for instructional materials and equipment. During the 2011-12 budget year, the district anticipates purchasing at least $800,000 of curriculum adoption materials, other instructional supplies, and equipment necessary for the operations of the district. As a result of the prudent investment practices, receipt of state-match funds for construction and use of impact and mitigation fees, the district has identified $800,000 of capital investment interest earnings as not being required for the immediate capital needs of the district. Through the approval of Resolution No. 2101, the Board would authorize the district to instruct the King County Treasurer to deposit $800,000 of capital investment earnings into the General Fund. The district’s bond counsel has reviewed this proposed action. RECOMMENDATION The Board of Directors approves Resolution No. 2101 and authorizes the superintendent to direct the King County Treasurer to deposit into the General Fund, $800,000 of future capital fund investment earnings for the purpose of purchasing instructional supplies and equipment. Such authorization will remain in force through August 31, 2012.
- 17 -
DIRECTION OF SELECTED CAPITAL PROJECTS FUND INVESTMENT EARNINGS TO THE GENERAL FUND
RESOLUTION NO. 2101
WHEREAS, the Lake Washington School District is purchasing instructional supplies and
materials expenditures as a result of the implementation of the Teaching and Learning Framework; and
WHEREAS, the Lake Washington School District will be purchasing equipment needed to support the operations of the schools district; and WHEREAS, the Revised Code of Washington 28A.3230 allows the Board of Directors to designate that any and all earnings and income from selected investments within any fund, including the capital projects fund, to be credited to the benefit of any school fund provided that any interest or earnings shall only be expended for instructional materials, equipment, or capital outlay; and WHEREAS, the Lake Washington School District has identified $800,000 of potential capital earnings within the capital projects fund that are not anticipated to be needed for expenditures within the capital projects fund. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Lake Washington School District No. 414 does hereby authorize the superintendent to direct the Office of Finance of King County, as ex officio treasurer of the District to credit earnings on investments acquired with money from the Capital Projects Fund to the General Fund, in an amount up to $800,000. Such monies so credited to the General Fund shall be utilized solely for instructional materials or equipment; provided, however, that money from the investment of voter approved general obligation bonds shall be used solely for capital purposes. Such authorization to the Superintendent shall remain in force through August 31, 2012 after which time interest earnings within the Capital Fund may no longer be credited to the General Fund without further approval from the Board of Directors.
APPROVED by the Board of Directors of Lake Washington School District No. 414 in a regular meeting held on the 8th day of August 2011.
BOARD OF DIRECTORS LAKE WASHINGTON SCHOOL DISTRICT NO. 414
Attest:
Secretary, Board of Directors
-18-
AFFIRMATVE ACTION PLAN, 2011-2016
August 8, 2011
SITUATION In accordance with the state law, the Lake Washington School District maintains an Affirmative Action Plan. The Human Resources department, working together with the State and district’s legal counsel prepared this new five-year plan and submitted it to the State in November for approval. The District was notified on July 18, 2011 that the five-year (2011-2016) Affirmative Action Plan was received and accepted by OSPI. Upon final approval by the Board of Directors, the updated plan will be posted on the District’s website. RECOMMENDATION The Board of Directors approves the five-year (2011-2016) Affirmative Action Plan as presented.
Lake Washington School District No. 414
Affirmative Action Plan
2011-2016
TABLE OF CONTENTS
Section A. Overview and Policy Statements
Section B. Workforce Analysis by Race/Ethnicity and Sex
Section C. Goals and Action Steps for Recruitment
Section D. Staff Responsibilities for Implementation, Monitoring and Evaluation of
Progress
Section E. Internal Monitoring and Reporting Process
Section F. Summary
Appendix A. Lake Washington School District Board of Directors’ Policies on Equal
Employment Opportunity and Non-Discrimination
2
AFFIRMATIVE ACTION PLAN
A. OVERVIEW AND POLICY STATEMENTS
Consistent with WAC 392-190-0592 and chapters 28A.640 and 28A.642 RCW, it is the
purpose of this Affirmative Action Plan to advance, monitor, and maintain the Lake
Washington School District’s Equal Employment Opportunity Policy providing equal
employment opportunities for all employees and applicants in all aspects of employment,
including recruitment, hiring, retention, assignment, transfer, promotion, and training.
These opportunities will be provided without regard to race, creed, religion, color,
national origin, honorably discharged veteran or military status, sexual orientation
including gender expression or identity, the presence of any sensory, mental, or physical
disability, or the use of a trained dog guide or service animal by a person with a
disability.
It is also the purpose of the District’s Affirmative Action Plan to promote diversity in the
District’s work force by identifying and addressing, where reasonably possible, the
factors that may be causing unexpected underutilization of protected groups. This Plan is
designed to promote outreach, recruitment, training and educational efforts to expand the
pool of qualified applicants and to promote diversity, consistent with the District’s
standards of excellence.
This Plan advances equal employment opportunity without preferential treatment on the
basis of race, gender, ethnicity or national origin. This Plan is also designed to ensure
that District policies are properly implemented without unlawful discrimination on the
basis of race, creed, religion, color, national origin, honorably discharged veteran or
military status, sexual orientation including gender expression or identity, the presence of
any sensory, mental, or physical disability, or the use of a trained dog guide or service
animal by a person with a disability.
B. WORKFORCE ANALYSIS BY RACE/ETHNICITY AND SEX
This section of the Affirmative Action Plan reflects a numerical analysis of the school
District’s workforce demographics. Although not required, as part of the District’s 2011-
2016 Affirmative Action Plan, the District also included the corresponding statistical data
from 1997, which was derived as part of the District’s 2006-2011 Affirmative Action
Plan.
The tables that follow contain a numerical study of the District’s workforce. The term
“underutilization” as used in this policy means having fewer members of an affected
group in a particular job category than reasonably would be expected based upon their
availability. The statistical comparisons in this section involve the use of workforce
statistics for geographic areas relevant to Lake Washington derived from the 2000 public
census reports and materials made available through the Office of the Superintendent of
Public Instruction at:
3
http://www.k12.wa.us/Equity/Districts/AffirmativeAction.aspx
The use of such geographic areas and statistics is intended only for the purpose of
implementing this Affirmative Action Plan and facilitating identification of areas of
potential underutilization. These statistical comparisons do not have any independent
legal or factual significance. The statistics and geographic areas have been selected and
used in good faith with respect to this Affirmative Action Plan.
The availability study discussed above was used to generate “theoretical availability”
(“TA”) figures, which indicate the percentage of workers in a given job category, or
across all jobs, living in King or Snohomish Counties and identifying themselves as
belonging to a particular protected class. The TA figure is a useful tool in approximating
whether the District is underutilizing any such protected class in its employment
practices, but it should be noted that true availability figures may be significantly higher
or lower than the TA.
After a TA was determined for protected groups in each job category (for race/ethnicity
and gender analyses) a straight comparison of actual utilization against the TA figure was
conducted. In addition, each TA figure was reduced by 20% to arrive at a statistically
expected utilization (“SEU”), and a comparison of actual utilization against the SEU was
made as well. The SEU comparison is made because it is a commonly accepted practice
to use a figure that is 80% of the theoretical availability in determining whether protected
groups are meaningfully underutilized, as pure chance may account for utilization that is
20% less than the theoretical availability. Deviations from both figures, however, are
considered in the identification of problem areas and possible underutilization. As used
in this Plan, “deviation” from TA or SEU refers the value obtained by subtracting the
actual utilization percentage from the TA or SEU percentage.
With respect to race/ethnicity and gender, a specific analysis was completed for each of
the following job categories: certificated administrators, elementary teachers, secondary
teachers, certificated support personnel, classified administrative/paraprofessional, office
personnel, custodians, maintenance/crafts, instructional assistants, special education para
educators, and transportation personnel.
Lake Washington School District
Utilization Analysis
Race/Ethnicity – April 6, 2011
Job Group1 Total Empl
Total
Minorit
y
% Total
Minority
% Black
or Af.
Am.
% Asian
or Pac.
Islander
%
Hispanic
or Latino
% Amer.
Indian or
Alaska
Nat.
Theoretical
Availability
(%)2
Statistically
Expected
Utilization
(%)3
Deviation
From TA
(%)4
Deviation
From SEU
(%)5
Certificated Personnel
Certificated Admins 76 7 9.2 1.3 5.3 1.3 1.3 16.2 13.0 7.0 3.8
Elem Teachers 714 59 8.3 .7 4.5 2.4 .7 10.2 8.2 1.0 (1.0)
Sec Teachers 389 33 8.5 1.3 1.8 4.6 .8 11.7 9.3 3.2 0.8
Cert Support Personnel 520 41 7.9 1.5 4.2 1.3 .8 12.4 9.9 9.9 1.1
Total Certificated 1699 140 8.2 1.1 3.8 2.5 0.8 N/A N/A avrg = 5.3 avrg = 1.2
Classified Personnel
Class Admin/Para Prof 115 11 9.6 2.6 5.2 0 1.7 16.2 13.0 6.7 3.5
Office Personnel 178 13 7.3 1.1 3.4 2.2 0.0 18.7 14.9 11.4 7.6
Custodians 98 37 37.8 2. 30.6 5.1 0 36.6 29.3 (1.2) (8.5)
Maintenance/Crafts 42 7 16.7 0.0 2.4 7.1 7.1 20.0 16.0 3.4 (.6)
Instructional Assistants 302 31 10.3 1 4.6 4 .7 13.2 10.6 2.9 0.3
Special Ed Para Ed 216 30 13.9 1.9 9.3 2.3 .5 5.1 4.1 (8.7) (9.7)
Transportation 112 10 8.9 0 2.7 4.5 1.8 20.5 16.4 11.6 7.5
Total Classified 1088 122 11.2 1.0 5.9 3.3 1.0 N/A N/A avrg = 3.7 avrg = 0.0
District Grand Totals 2737 248 9.1 1.3 4.6 2.3 0.9 N/A N/A avrg = 4.5 avrg = 0.6
1 The occupational titles under which Census data is tracked only loosely match the job categories tracked by school districts. The availability analysis in this table is based off Census data for the following occupational titles:
Certificated Administrators – “Education Administrators”; Elementary Teachers – “Elementary and Middle School Teachers”; Secondary Teachers – “Secondary School Teachers”; Certificated Support Personnel – “Other
Education, Training, and Library Workers”; Classified Administrative/Paraprofessional – “Education Administrators”; Office Personnel – “Office and Administrative Support Workers, All Other”; Custodians – “Janitors and
Building Cleaners”; Maintenance/Crafts – “Maintenance and Repair Workers, General”; Instructional Assistants – “Teacher Assistants”; Special Education Para Educators – “Special Education Teachers”; and Transportation –
“Bus Drivers”. 2 Total percentage of labor force identified as non-white for combined King and Snohomish Counties, as reported in 2000 Census data provided by OSPI at
http://www.k12.wa.us/equity/pubdocs/DetailedOccupationsCivilianLaborForcebySexRaceOrigin.xls. 3 Calculated by reducing the theoretical availability by 20%. 4 Calculated by subtracting the actual utilization from the theoretical availability. 5 Calculated by subtracting the actual utilization from the statistically expected utilization.
5
Lake Washington School District
Utilization Analysis
Gender – April 6, 2011
Job Group6 Total Empl Total
Female
% Total
Females
Theoretical
Availability
(%)7
Statistically
Expected
Utilization
(%)
Deviation
From TA
(%)
Deviation
From SEU
(%)
Certificated
Certificated Administrators 76 40 52.6 62.9 50.3 10.3 (2.3)
Elementary Teachers 714 640 89.1 77.7 62.2 (11.9) (27.0)
Secondary Teachers 389 230 59.1 57.2 45.7 (1.9) (13.4)
Certificated Support Personnel 520 427 82.1 68.4 54.7 (13.7) (27.4)
Total Certificated 1699 1337 78.1 N/A N/A avrg = (4.3) avrg = (17.5)
Classified
Class Admin/Para Professional 115 79 68.7 62.9 50.3 (5.8) (18.4)
Office Personnel 178 177 99.4 72.4 57.9 (27.0) (41.5)
Custodians 98 15 15.3 30.4 24.3 15.1 9.0
Maintenance/Crafts 42 4 9.5 6.9 5.5 (2.6) (4.0)
Instructional Assistants 302 282 93.4 90.3 72.2 (3.4) (21.2)
Special Ed Paraeducators 216 199 92.1 87.6 70.1 (4.5) (22.0)
Transportation 112 64 57.1 46.6 37.3 (10.5) (19.8)
Total Classified 1063 820 77.1 N/A N/A avrg = (5.5) avrg = (16.8)
District Grand Total 2762 2157 78.1 N/A N/A avrg = (4.9) avrg = (17.2)
6 The occupational titles under which Census data is tracked only loosely match the job categories tracked by school districts. The availability analysis in this table is based off Census data for the following occupational titles:
Certificated Administrators – “Education Administrators”; Elementary Teachers – “Elementary and Middle School Teachers”; Secondary Teachers – “Secondary School Teachers”; Certificated Support Personnel – “Other
Education, Training, and Library Workers”; Classified Administrative/Paraprofessional – “Education Administrators”; Office Personnel – “Office and Administrative Support Workers, All Other”; Custodians – “Janitors and
Building Cleaners”; Maintenance/Crafts – “Maintenance and Repair Workers, General”; Instructional Assistants – “Teacher Assistants”; Special Education Para Educators – “Special Education Teachers”; and Transportation –
“Bus Drivers”. 7 The total percentage of labor force identified as female for combined King and Snohomish Counties, as reported in 2000 Census data provided by OSPI at
http://www.k12.wa.us/equity/pubdocs/DetailedOccupationsCivilianLaborForcebySexRaceOrigin.xls.
6
UTILIZATION ANALYSIS - IDENTIFICATION OF PROBLEM AREAS
BY JOB CATEGORY
Certificated Administrators. This job category includes principals, assistant principals,
superintendent, assistant superintendents, human resources director, special education
and career and technical education director, and directors of elementary and secondary
education.
Total
Emp
Total
Minority
%
Minority
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 76 7 9.2% 16.2% 7.0% 13.0% 3.8%
2006 74 8 10.8% 16.2% 5.4% 13.0% 2.2%
1997 67 10 14.9% 9.1% (5.8%) 7.3% (7.6%)
Total
Emp
Total
Female
%
Female
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 76 40 52.6% 62.9% 10.3% 50.3% (2.3%)
2006 74 36 48.6% 62.9% 14.3% 50.3% 1.7%
1997 67 37 55.2% 67.3% 12.6% 53.8% (1.4%)
Since 2006, the total number of employees in this job category increased slightly. The
number of minority administrators fell slightly as both an absolute number and as a
percentage of total certificated administrators. However, the total number and percentage
of total female administrators rose. For minorities, the 2011 utilization deviates from TA
by 7.0% and SEU by 3.8%. For females, the 2011 utilization deviates from TA by 10.3%
and SEU by -2.3%.
Problem area: The 2011 total number of minorities is below the 2011 TA and slightly
below the 2011 SEU. These figures suggest an underutilization of minorities in this
group, and the downward trend is a concern. The District shall ensure that recruitment
efforts continue to reach minorities and females as well as other protected and non-
protected groups in this job category. See also Goals and Action Steps for Recruitment,
Section C.
7
Certificated Elementary Teachers. This job category includes all teachers of grades
preschool through six, including special education teachers.
Total
Emp
Total
Minority
%
Minority
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 714 59 9.2% 10.2% 1.0% 8.2% (1.0%)
2006 798 61 7.6% 10.2% 2.6% 8.2% 0.6%
1997 727 68 9.4% 8.5% (0.9%) 6.8% (2.6%)
Total
Emp
Total
Female
%
Female
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 714 640 89.6% 77.7% (11.9%) 62.6% (27.0%)
2006 798 711 89.1% 77.7% (11.4%) 62.2% (26.9%)
1997 727 620 85.3% 75.0% (10.3%) 60.0% (25.3%)
The total number of employees in this job category decreased from 2006 to 2011, while
the percentage of minority and female teachers both increased. The percentage of
minority and female elementary teachers increased from 7.6% to 9.2% and 89.1% to
89.6% respectively. For minorities, the 2011 utilization deviates from TA by 1.0% and
from SEU by -1.0%. For females, the 2011 utilization deviates from TA by -11.9% and
from SEU by -27.0%. There is no apparent underutilization of minorities or females in
this group at this time.
8
Certificated Secondary Teachers. This job category includes all teachers of grades 7
through 12, including special education teachers.
Total
Emp
Total
Minority
%
Minority
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 389 33 8.5% 11.7% 3.2% 9.3% 0.8%
2006 574 42 7.3% 11.7% 4.4% 9.3% 2.0%
1997 559 39 7.0% 8.7% 1.7% 7.0% 0.0%
Total
Emp
Total
Female
%
Female
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 389 230 59.1% 57.2% (1.9%) 45.7% (13.4%)
2006 574 339 59.1% 57.2% (1.9%) 45.7% (13.4%)
1997 559 327 58.5% 52.0% (6.5%) 41.2% (16.9%)
The total number of employees in this job category decreased substantially from 2006 to
2011. However, since 2006, the total percentage of minority secondary teachers
increased and the total percentage of female secondary teachers stayed the same. For
minorities, the 2011 utilization deviates from TA by 3.2% and from SEU by .8%. For
females, the 2011 utilization deviates from TA by -1.9% and from SEU by -13.4%.
Problem area: While the trend for minority utilization has increased in this group since
2006, the total number of minorities is still slightly below the 2011 TA and the 2011
SEU. It is unclear whether this represents meaningful underutilization, but the District
will continue to ensure that recruitment efforts reach minorities as well as other protected
and non-protected groups in this job category. See also Goals and Action Steps for
Recruitment, Section C.
9
Certificated Support Personnel. This job category includes positions such as librarians,
counselors, speech and language pathologists, occupational therapists, school
psychologists, and staff developmental specialists. Each person in this job category is
certificated.
Total
Emp
Total
Minority
%
Minority
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 520 41 7.8% 12.4% 4.6% 9.9% 1.1%
2006 203 15 7.4% 12.4% 5.0% 9.9% 2.5%
1997 162 12 7.4% 11.3% 3.9% 9.1% 1.7%
Total
Emp
Total
Female
%
Female
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 520 427 82.1% 68.4% (13.7%) 54.7% (27.4%)
2006 203 177 87.2% 68.4% (18.8%) 54.7% (32.5%)
1997 162 131 80.9% 74.7% (6.2%) 59.8% (21.1%)
The total number of employees in this category increased from 2006 to 2011. Since
2006, the total number of minority support personnel growth exceeded the increase in the
number of employees, representing a deviation from TA of 4.6% and from SEU of 1.1%.
The total number of female support personnel also grew, representing a deviation from
TA of -13.7% and from SEU of -27.4%.
Problem area: Although the number of minority support personnel in the District has
grown and the 2006 utilization rate has been improved, the District is still slightly below
both the 2011 TA and the SEU levels for minority employees in this category. The
District will continue to ensure that recruitment efforts reach minorities as well as other
protected and non-protected group members in this job category. See also Goals and
Action Steps for Recruitment, Section C.
10
Classified Administrators/Paraprofessionals. This job category includes non-
certificated managers: purchasing, human resources, accounting, facilities, payroll,
computer department, health services and nurses.
Total
Emp
Total
Minority
%
Minority
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 115 11 9.5% 16.2% 6.7% 13.0% 3.5%
2006 139 12 8.6% 16.2% 7.6% 13.0% 4.4%
1997 108 9 8.3% 11.0% 2.7% 8.8% 0.5%
Total
Emp
Total
Female
%
Female
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 115 79 68.7% 62.9% (5.8%) 50.3% (18.4%)
2006 139 103 74.1% 62.9% (11.2%) 50.3% (23.8%)
1997 108 73 67.6% 63.9% (3.7%) 51.1% (16.5%)
The total number of employees in this job category decreased between 2006 and 2011.
For minorities the deviation from TA decreased from 7.6% to 6.7% and from SEU from
4.4% to 3.5%. For females, the deviation from TA increased from -11.2% to -5.8% and
from SEU from -23.8% to -18.4%.
Problem area: Although the District’s utilization rate has increased for minority
classified administrators and paraprofessionals, minority employees appear to be
underutilized in this category. The District will continue to ensure that recruitment
reaches minorities as well as other protected and non-protected group members in this job
category. See also Goals and Action Steps for Recruitment, Section C.
11
Office Personnel. This job category includes all secretaries, both at the schools and at
the central administration offices.
Total
Emp
Total
Minority
%
Minority
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 178 13 7.3% 18.7% 11.4% 14.9% 7.6%
2006 181 18 9.9% 18.7% 8.8% 14.9% 5.0%
1997 189 12 6.3% 8.2% 1.9% 6.6% 0.3%
Total
Emp
Total
Female
%
Female
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 178 177 99.4% 72.4% (27.0%) 57.9% (41.5%)
2006 181 181 100.0% 72.4% (27.6%) 57.9% (42.1%)
1997 189 183 96.8% 96.0% (0.8%) 76.8% (20.0%)
The total number of employees in this job category has decreased since 2006. For
minorities, the deviation from TA increased from 8.8% to 11.4% and from SEU from
5.0% to 7.6%. The District currently has a 99.4% utilization rate for female office
personnel. This utilization rate deviates from TA by -27.0% and from SEU by -41.5%.
Problem area: There was a slight decrease in the absolute number and percentage of
minority employees in this job category since 2006. The deviation from 2011 TA and
SEU figures also suggests a statistical underutilization of minorities in this job group.
The District will continue to ensure that recruitment efforts reach minorities as well as
other protected and non-protected groups in this job category. See also Goals and Action
Steps for Recruitment, Section C.
12
Custodians. This job category includes all custodians.
Total
Emp
Total
Minority
%
Minority
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 98 37 37.8% 36.6% (1.2%) 29.3% (8.5%)
2006 102 30 29.4% 36.6% 7.2% 29.3% (0.1%)
1997 95 29 31.0% 16.5% (14.5%) 13.2% (17.8%)
Total
Emp
Total
Female
%
Female
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 98 15 15.3% 30.4% 15.1% 24.3% 9.0%
2006 102 14 13.7% 30.4% 16.7% 24.3% 10.6%
1997 95 13 13.7% 29.9% 16.2% 23.9% 10.2%
The total number of employees in this job category has decreased since 2006. However,
the absolute and percentage numbers for both minority and females has increased from
2006 to 2011. The District’s minority utilization rate of 37.8% deviates from the TA by
-1.2% and from the SEU by -8.5%. The District’s female utilization rate of 15.3%
deviates from the TA by 15.1% and from the SEU by 9.0%.
Problem area: Although utilization of females in this group has increased since 2006,
there is still a statistical underutilization of females in this job group, with female
utilization rates below the 2011 SEU and TA levels. The District will continue to ensure
that recruitment efforts reach females and minorities, as well as other protected and non-
protected groups in this job category. See also Goals and Action Steps for Recruitment,
Section C.
13
Maintenance/Crafts. This job category includes all tradespeople, including carpenters,
plumbers, painters and groundskeepers.
Total
Emp
Total
Minority
%
Minority
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 42 7 16.6% 20.0% 3.4% 16.0% (0.6%)
2006 40 6 15.0% 20.0% 5.0% 16.0% 1.0%
1997 42 8 19.0% 11.8% (7.2%) 9.4% (9.6%)
Total
Emp
Total
Female
%
Female
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 42 4 9.5% 6.9% (2.6%) 5.5% (4.0%)
2006 40 0 0.0% 6.9% 6.9% 5.5% 5.5%
1997 42 0 0.0% 10.7% 10.7% 8.6% 8.6%
The total number of employees in this job category has increased since 2006. The
deviation from TA for minorities from 2006 to 2011 fell from 5.0% to 3.4% and SEU
from 1.0% to -0.6%. The deviation from TA for females from 2006 to 2011 fell from
6.9% to -2.6% and from 5.5% to -4.0%. The District’s utilization rate has increased in
this category for both minorities and females. There does not appear to be a meaningful
underutilization in this job category at this time.
14
Instructional Assistants. This job category includes playground supervisors, crossing
guards, lunchroom monitors, classroom assistants, technology support specialists and
technicians.
Total
Emp
Total
Minority
%
Minority
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 302 31 10.3% 13.2% 2.9% 10.6% 0.3%
2006 306 23 7.5% 13.2% 5.7% 10.6% 3.1%
1997 396 22 5.5% 8.2% 2.7% 6.6% 1.1%
Total
Emp
Total
Female
%
Female
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 302 282 93.4% 90.2% (3.4%) 72.2% (21.2%)
2006 306 291 95.1% 90.2% (4.8%) 72.2% (22.9%)
1997 396 381 96.2% 84.8% (11.4%) 67.9% (28.3%)
The total number of employees in this job category decreased slightly since 2006. The
total number of minority assistants increased slightly, while total number of female
assistants decreased slightly. Minority utilizations rates deviate from TA by 2.9% and
from SEU by 0.3%. Female utilization rates exceed both TA and SEU, with respective
deviations of -3.4% and -21.2%.
Problem area: There was an increase in the absolute number of minorities employed in
this job category, which reflects an overall positive utilization trend. However, the total
number of minorities is still slightly below the 2011 SEU and TA levels. It is unclear
whether this represents meaningful underutilization, but the District will ensure that
recruitment efforts continue to reach minorities as well as other protected and non-
protected groups in this job category. See also Goals and Action Steps for Recruitment,
Section C.
15
Special Education Para Educators. This job category includes support staff for special
needs students, including braillists and hearing impaired interpreters.
Total
Emp
Total
Minority
%
Minority
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 216 30 13.8% 5.1% (8.7%) 4.1% (9.7%)
2006 177 17 9.6% 5.1% (4.5%) 4.1% (5.5%)
1997 132 7 5.3% 19.8% 14.5% 15.9% 10.6%
Total
Emp
Total
Female
%
Female
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 216 199 92.1% 87.6% (4.5%) 70.1% (22.0%)
2006 177 164 92.7% 87.6% (5.1%) 70.1% (22.6%)
1997 132 120 90.9% 82.3% (8.6%) 65.9% (25.0%)
The number of employees in this job category has increased since 2006. The total
number and percent of minority and female employee utilization increased during this
period. The District’s utilization rates exceed TA and SEU for both minorities and
females, with deviations from minority TA of -8.7%, minority SEU of -9.7%, female TA
of -4.5%, and female SEU -22.0%. There is no apparent underutilization within this job
category.
16
Transportation. This job category includes bus drivers, dispatchers, bus mechanics and
truck drivers.
Total
Emp
Total
Minority
%
Minority
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 112 10 8.9% 20.5% 11.6% 16.4 7.5%
2006 143 16 11.2% 20.5% 9.3% 16.4% 5.2%
1997 132 11 8.3% 5.7% (21.6%) 4.5% (3.8%)
Total
Emp
Total
Female
%
Female
TA Deviation
from TA
SEU Deviation
frm. SEU
2011 112 64 57.1% 46.6% (10.5%) 37.3% (19.8%)
2006 143 76 53.1% 46.6% (6.5%) 37.3% (15.8%)
1997 132 87 66.0% 49.3% (16.7%) 39.5% (26.5%)
The total number of employees in this category has decreased since 2006. The percentage
of minority transportation employees decreased from 2006 to 2011, while the percentage
of female transportation employees increased. In 2011, the deviation from TA for
minority transportation employees from 11.6% and is 7.5% from SEU. However, the
District’s 2011 female utilization rate of 57.1% deviates from TA by -10.5% and from
SEU by -19.8%.
Problem area: For minorities employed in this job group the actual utilization falls below
the 2011 SEU and TA levels. This represents a statistical underutilization of minorities
in this job group. The District will ensure that recruitment efforts reach minorities as
well as other protected and non-protected groups in this job category. See also Goals
and Action Steps for Recruitment, Section C.
17
C. GOALS AND ACTION STEPS FOR RECRUITMENT
The major goals of this Affirmative Action Plan are: to promote equal employment
opportunities in the District; to increase the pool of diverse and qualified applicants for
employment in the District consistent with the District’s standard of excellence; and to
encourage upward mobility of all persons, including members of protected groups, once
employed.
GOAL 1
JOB ANALYSIS, RECRUITMENT AND SELECTION
Actively seek a diverse pool of qualified applicants from all protected groups, as well as
non-protected groups, for certificated and classified positions at all levels so that more
members of under-represented groups are available for consideration as District
employees.
Action Programs
1.1 Analyze job descriptions and the hiring process to make sure that qualification
requirements and screening criteria are based on specific job functions and do not
have the effect of screening out protected group applicants who have the ability to
perform District jobs.
1.2 Ensure that recruitment efforts include and actually reach all protected groups, as
well as non-protected groups. Focus recruitment out-reach to ensure that
protected groups identified as statistically underutilized in this Affirmative Action
Plan are reached.
1.3 Explore flex time and job sharing options as a means of enhancing positions for
protected groups and other applicants.
1.4 Increase the efficiency of the applicant flow data collection system through word
processing or computerization so that flow data will be more readily available to
assist in recruitment efforts.
1.5 Increase the awareness of equal employment opportunity among all personnel
involved in hiring, and have the Superintendent, Human Resources Director, and
Affirmative Action Officer monitor all hiring.
18
GOAL 2
EDUCATION AND TRAINING
Promote a culture of respect and diversity in the workplace, and ensure that employees
are aware of the Affirmative Action Plan and their roles and responsibilities in enforcing
the District’s equal employment opportunity policies.
Action Programs
2.1 Continue the emphasis on developing annual objectives and strategies at each
building to increase gender equity, multi-cultural and mainstreaming
opportunities in both the instructional and activities programs. Each staff member
has responsibility for carrying out the equal employment strategies as outlined in
the Affirmative Action Plan adopted by the District.
2.2 Provide support for schools to develop and carry out multi-cultural and gender
equity training programs and special projects.
2.3 Provide multi-cultural training for personnel at the elementary, middle school, and
high school levels, in conjunction with incorporating multi-cultural and gender
equity concepts, awareness, and information into the curriculum.
2.4 Other means of promotion and information dissemination will be utilized as
necessary to ensure that the community and District staff and students are
informed of the goals and objectives of equal educational and employment
opportunities.
GOAL 3
PREVENTING EMPLOYMENT DISCRIMINATION
Ensure that the District does not unlawfully discriminate against any person on the basis
of any protected status in employment, recruitment, promotion or advancement.
Action Programs
3.1 Maintain credential requirements for all personnel.
3.2 Make no differentiation in pay scale on the basis of any protected status.
3.3 Make no differentiation in the assignment of school duties on the basis of any
protected status, except where there is a compelling need for a lawful, bona fide
occupational qualification based on the nature of the duties (e.g. a gender based
qualification for an assignment that involves supervising students in areas or
situations where students might be disrobed).
19
3.4 Provide the same opportunities for advancement without regard to a protected
status.
3.5 Make no differentiation in conditions of employment, including, but not limited
to, hiring practices, leaves of absence, hours of employment, and assignment of,
or pay for, instructional and non-instructional duties on the basis of any protected
status.
D. Staff Responsibilities for Implementation, Monitoring and Evaluation of
Progress
Consistent with WAC 392-190-0592 and chapters 28A.640 and 28A.642 RCW, it is the
purpose of this Affirmative Action Plan to advance, monitor, and maintain the Lake
Washington School District’s Equal Employment Opportunity
INTERNAL AUDIT AND REPORTING
Human Resources maintains a confidential employee and applicant tracking system –
separate from the pre-employment application process - which records the sex,
race/ethnicity, veteran status, disability status, and age of applicants. Frequent
monitoring of this data will help ensure that all applicants are receiving equal treatment in
the hiring process and that the District’s recruiting efforts are reaching all protected and
non-protected groups. However, all pre-employment application forms will exclude
unlawful inquiries that unnecessarily elicit the race, gender or membership of the
applicant in other protected groups.
A careful review of all job descriptions and job postings will be made to ensure non-
discrimination.
All screening interview questions will be checked and monitored to ensure non-
discrimination.
Human Resources will prepare and submit required reports to state and federal agencies
concerning employment and educational practices.
Perceived, apparent or reported inequities will be formally noted and included in the
annual report to the Board of Directors. Human Resources will provide written reports
each year to the Board of Directors on the results of any utilization analysis performed in
connection with this Affirmative Action Plan and the status of any efforts taken by the
District to promote its Equal Employment Opportunity Policy.
20
DISSEMINATION OF POLICIES
It is the responsibility of the Superintendent of the Lake Washington School District or
the Superintendent’s designee to inform all applicants for employment, all current
employees, all persons responsible for hiring within the District, all employee
associations, and all District contractors and subcontractors of the District’s commitment
to equal opportunity employment.
Communication of the Lake Washington School District Affirmative Action Plan will be
accomplished as follows:
1. The 2011-2016 Affirmative Action Plan is posted on the district official website
as well as the district’s policy of non-discrimination. The complaint procedures
available to register complaints under these policies are also posted on the
website.
2. At least annually, the District will remind employees of these policies and the
Affirmative Action Plan and their location of the website via training or email
communication. These policies will also be discussed in new employee
orientation meetings.
3. The District will publish an annual notice to its community the nondiscrimination
policy as contained in the Affirmative Action Plan at least annually prior to the
beginning of the school year. Such publication will include the name, address,
and a telephone number of the District’s Affirmative Action Officer.
4. A statement of the District’s commitment to equal employment opportunity is to
be included in all District publications, employment announcements, vendor
contracts, and other related District documents. All appropriate and interested
recruiting sources are to be informed of the District’s policies regarding
nondiscrimination.
5. An equal employment opportunity statement will be included on all District job
postings and newspaper advertisements.
21
RESPONSIBILITY FOR IMPLEMENTATION AND EVALUATION
The Superintendent has the overall responsibility for the development, implementation,
coordination, evaluation, and monitoring of the Affirmative Action Program. He will
provide leadership and guidance to all administrators, supervisors, and personnel in the
conduct of their employment practices to assure conformity with relevant federal and
state laws and regulations and Lake Washington School District policies.
The Superintendent has delegated much of the work under this responsibility to the
Human Resources Department.
The Director of Human Resources is designated as the Affirmative Action Officer and is
responsible to the Superintendent for District compliance with the principles set forth in
the Affirmative Action Plan. The responsibilities of the Affirmative Action Officer
include:
1. Issuing all statements concerning the District’s Affirmative Action Plan.
2. Identifying problem areas.
3. Formulating recommendations or directives for solving identified problems.
The Affirmative Action Officer is the Director of Human Resources, Lake Washington
School District, 16250 NE 74th Street, PO Box 97039, Redmond, Washington 98073,
telephone (425) 936-1266.
Human Resources will be responsible for documenting compliance with the Affirmative
Action Plan, which includes maintaining a quarterly statistical analysis and updating
employment data to measure the effectiveness of the Affirmative Action Plan and to
highlight any areas of imbalance, if present.
Implementation of the equal employment opportunity policies of the District will be the
responsibility of Human Resources.
Human Resources also has the responsibility of making known the District’s desire and
commitment to employ members of protected as well as non-protected groups through
regular and frequent contacts with community groups and employment agencies and
through identifying, to the extent reasonably possible, persons with requisite skills and
talents for projected openings throughout the District. Human Resources shall ensure
that recruitment efforts are reaching protected groups, as well as non-protected groups, in
all categories where underutilization exists.
22
SUPPORTIVE SYSTEMS
Recruitment and Employment Plan
Human Resources considers all applicants and employees on the basis of job-related
qualifications. The District selects employees as needed on the basis of merit, training
and experience with no discrimination against any employee or applicant because of race,
creed, religion, color, national origin, honorably discharged veteran or military status,
sexual orientation including gender expression or identity, the presence of any sensory,
mental, or physical disability, or the use of a trained dog guide or service animal by a
person with a disability. In addition, the District selects employees without preferential
treatment on the basis of race, gender, ethnicity or national origin. A continuing review
of hiring criteria is made to ensure the relevance of the job qualifications to the tasks to
be performed and the needs of the position.
In addition, the District promotes continued relationships with organizations that are a
recruitment source for individuals from protected groups, including those groups which
may currently be underutilized in the work force. These organizations include such
agencies as the state job service agencies and college and university placement offices.
The District has a distribution list containing names and addresses of those agencies
where job announcements are mailed. Job announcements are distributed to each
building in the District, posted on the District’s website; and distributed to each outside
employment and referral source on the distribution list. Jobs may also be advertised in
newspapers.
Specific emphasis will be placed on the outreach and recruitment of members of
protected groups along with the efforts made to reach non-protected groups. Recipient
listings for classified job announcements will be reviewed and expanded to include
agencies serving minority communities, in addition to those serving the majority
community. District public relations/recruitment brochures used for teacher recruiting
will picture both minority and non-minority men and women.
Training
Lake Washington School District recognizes the importance of on-going training for
employees both to assist in upgrading skills and to assist in personal growth. The District
will continue to provide staff development opportunities and to assist individual
employees with career counseling through the employee assistance program, if needed.
In addition, workshops on multi-cultural heritage and the inclusion of world studies in the
core curriculum will be part of the training and development program.
23
E. INTERNAL MONITORING AND REPORTING PROCESS
To ensure fairness and consistency, the following informal and formal review procedures
will be used with regard to problems covered by state and federal equal employment
opportunity laws and/or the District’s Affirmative Action Plan. No employee’s status
with the District shall be adversely affected in any way because the employee utilized
these procedures.
A. Informal Review Procedures
If an employee has an employment problem dealing with equal employment
opportunity, the employee is encouraged to discuss the problem, as soon as the
problem develops, with his or her immediate supervisor. If the employee feels he or
she cannot approach his or her immediate supervisor with the complaint, or if the
employee feels that the response received from the supervisor does not resolve the
complaint, then the employee is encouraged to discuss the problem with the
Superintendent or the Superintendent’s designee before pursuing formal procedures.
However, the employee should be informed that he or she may at any time pursue
formal procedures.
B. Formal Review Procedures
Formal review procedures will be used to investigate specific complaints which
remain unresolved after informal review has been pursued or after an employee
chooses to forego informal review. The procedures may not be used for discharge or
discipline cases and may only be used in connection with alleged employment
discrimination complaints concerning race, creed, religion, color, national origin,
honorably discharged veteran or military status, sexual orientation including gender
expression or identity, the presence of any sensory, mental, or physical disability, or
the use of a trained dog guide or service animal by a person with a disability..
Employees filing a formal complaint of sexual harassment should file their written
complaint directly with the Affirmative Action Officer, which complaints shall be
investigated and handled in accordance with the review and appeals procedures
established by WAC 392-190-065, et seq.
Time limits are expressed in weeks and shall mean calendar weeks. Time limits may
be extended by mutual consent of the employee and the person or persons by whom
the grievance is being considered.
1. The employee may request a review of the complaint by submitting the
employee’s complaint, in writing, to his or her immediate supervisor within two
weeks of the alleged discrimination. The allegations of discrimination should be
signed and set forth the specific acts, conditions or circumstances alleged to be in
violation of the District’s obligations in regard to discrimination. The immediate
supervisor shall arrange to meet with the employee within one week after the
24
letter is received. If the complaint remains unresolved, the immediate supervisor
will attach comments to the employee’s complaint and forward both complaint
and the attached comments to the next line administrator within one week after
meeting with the employee. The employee may submit his or her complaint
directly to the next line administrator and proceed to step two if the employee
feels he or she cannot approach his or her immediate supervisor with the
complaint.
2. The next line administrator shall arrange to meet with the employee within one
week after the complaint and comments are received from the immediate
supervisor, or from the employee if the employee skips step one due to allegations
of discrimination directed against the immediate supervisor. If the complaint
remains unresolved after the meeting, the next line administrator shall attach
comments to the complaint and the comments from the immediate supervisor and
forward the material to the Affirmative Action Officer within one week after
meeting with the employee.
3. The Affirmative Action Officer, along with advice and assistance as deemed
necessary, shall investigate the complaint. Depending upon the circumstances,
this investigation may include a meeting between the employee and the supervisor
involved. A written response to the complaint shall be provided to the employee
by the Affirmative Action Officer within two weeks after receipt of the complaint
and comments.
4. If the employee is not satisfied with the results of the review by the Affirmative
Action Officer, the employee may then submit a written request for further review
to the Deputy Superintendent. Such request shall be submitted within one week
after the employee’s receipt of the written response from the Affirmative Action
Officer. The Deputy Superintendent shall arrange for a hearing to be conducted
by a three-member hearing panel to be chaired by the Deputy Superintendent,
with the second member selected by the employee and the third by the Deputy
Superintendent. Both of these members of the panel shall be from the Lake
Washington School District community.
Nothing contained in this complaint/grievance procedure shall be construed to deny
employees their rights under the law. Nor does the complaint/grievance procedure
prohibit the processing of grievances by an employee bargaining representative and/or a
member of a bargaining unit pursuant to grievance procedures established in local
collective bargaining agreements.
25
F. SUMMARY
Lake Washington School District has a firm commitment to equal employment
opportunity and to its Affirmative Action Plan. The District is committed to increasing
the diversity of its work force without preferential treatment on the basis of race, creed,
religion, color, national origin, honorably discharged veteran or military status, sexual
orientation including gender expression or identity, the presence of any sensory, mental,
or physical disability, or the use of a trained dog guide or service animal by a person with
a disability.
Affirmative action is an on-going process. This Plan provides for periodic reviews and
updates to ensure that the District’s equal opportunity employment policies are effective.
The Lake Washington School District recognizes that by assuring equality of
employment opportunity, the District also assures the quality of the education it provides
to its students.
A-1
Appendix A
Equal Employment Opportunity
The Lake Washington School District has a firm commitment to equal employment
opportunity and diversity in the workplace. The District is further committed to a
workplace free of unlawful discrimination on the basis of race, creed, religion, color,
national origin, honorably discharged veteran or military status, sexual orientation
including gender expression or identity, the presence of any sensory, mental, or physical
disability, or the use of a trained dog guide or service animal by a person with a
disability.. To these ends, the District has an ongoing Affirmative Action Plan, which
advances equal employment opportunity without preferential treatment on the basis of
race, gender, ethnicity or national origin.
The scope of this policy and the Affirmative Action Plan shall be comprehensive, and
shall cover all aspects of treatment of employees and applicants, including employment
opportunities, compensation, hours of work, conditions of employment, promotions,
demotions, transfers, recruitment, advertising, layoff and termination.
The Board of Directors shall require this policy to be implemented along with the
Affirmative Action Plan in every department, every school, and at every level of
operation.
The Board of Directors shall provide resources for equal employment opportunities to
implement the above statement.
Employment of Persons with Disabilities
The District recognizes its obligation under applicable federal, state and local laws to
provide reasonable accommodation to allow individuals with disabilities to apply for and
perform the essential functions of their jobs. If an employee has a disability and wishes
reasonable accommodation, he or she should let his or her supervisor or the Human
Resources Director know as soon as possible. The District can discuss with the employee
the possibility of providing reasonable accommodations to enable the employee to
perform the essential functions of the job. The District shall make those reasonable
accommodations that may be accomplished without undue hardship to the District. An
important factor to be considered shall be the nature and cost of the accommodation.
However, an employment opportunity shall not be denied on the basis of the need to
make reasonable accommodation.
If an employee becomes unable to perform the essential functions of his or her job, even
with reasonable accommodation, he or she should ask about assistance in identifying and
applying for other jobs with the District that may become available and for which he or
she may be qualified.
A-2
Nondiscrimination
The District prohibits unlawful discrimination against any employee or applicant for
employment by reason of race, creed, religion, color, national origin, honorably
discharged veteran or military status, sexual orientation including gender expression or
identity, the presence of any sensory, mental, or physical disability, or the use of a trained
dog guide or service animal by a person with a disability.
Legal Refs.:
Title VI, Civil Rights Act of 1964
Title VII, Civil Rights Act of 1964, as amended by the Equal Employment Opportunity
Act
Executive Order 11246, as amended by E.O. 11375
Equal Pay Act, as amended by the Education Amendments of 1972
Title IX, Education Amendment of 1972
Rehabilitation Act of 1973, section 504
Individuals with Disabilities Education Act of 1990
Age Discrimination in Employment Law, P.L. 95-256
Americans with Disabilities Act of 1990
RCW 28A.400.310
RCW Chapter 28A.640, generally
RCW 28A.642, generally
RCW Chapter 49.60
WAC 180-40-215
WAC Chapter 392-190, generally
WAC Chapter 392-200, generally
Contract Refs.:
Lake Washington Education Association Agreement, Articles VII, XIII
School District Trades Bargaining Council Agreement, Nondiscrimination
Public, Professional and Office-Clerical Employees and Drivers Local Union No. 763
(Representing the Food Services Employees)
Lake Washington Association of Educational Office Personnel/CPEA-WEA-NEA
Lake Washington Instructional Assistants Represented by Service Employees
International Union, Local #6
Cross Refs.:
EFB, Free and Reduced Price Food Services
GBA, Equal Employment Opportunity
JB, Equal Educational Opportunities
K:\30260\00015\RD1R\RD1RO206M
-19-
SERVICE EMPLOYEE’S INTERNATIONAL (SEIU) COLLECTIVE BARGAINING
AGREEMENT, 2008-2012
August 8, 2011
SITUATION The District and the Service Employees International Union (SEIU) agreed to a three year contract for 2008-2011. Both parities expressed interest in extending the current Collective Bargaining Agreement for one additional year. The District proposed a contract extension with changes based on the salary actions taken during the 2011 legislative session. These changes are shown in the strike through and underline language in the attached agreement. These changes are consistent with the salary impact proposals made to the other employee groups. The proposed contract extension was accepted by the members of SEIU on June 21, 2011. RECOMMENDATION The Board of Directors approves the modifications to the Service Employees International Union (SEIU) Collective Bargaining agreement, extending the duration of the contract through August 15, 2012.
1
&
Agreement by and between
Lake Washington School
District #414
Lake Washington
Service Employees
International Union
(SEIU)
2008-20112008-2012
Effective August 16, 2008 through August 15, 20112
Lake Washington School District
2
TABLE OF CONTENTS
ARTICLE PAGE 1 Recognition……………………………………………………….……… 1
2 Management Rights……………………………………………………. . 1
3 Discipline/Discharge…………………………………………………….. 1
4 Employee Rights………………………………………………………… 2
5 Union Rights……………………………………………………………… 3
6 No-Strike Agreement……………………………………………………. 4
7 Grievance Procedure……………………………………………………. 5
8 Work Year……………………………………………………………….... 7
9 Work Day………………………………………………………………….. 8
10 Probationary Period…………………………………………………….... 9
11 Leaves………………………………………………………………….… 9
12 Labor Management ……………………………………………………… 14
13 Holidays…………………………………………………………………… 14
14 Compensation……………………………………………………………. 14
15 Insurance………………………………………………………………….. 15
16 Personnel Actions……………………………………………………….. 16
17 Conditions of the Agreement…………………………………………… 21
APPENDIX INDEX
A SEIU Membership Card………………………………………………… 24
B Wage Schedule………………………………………………………….. 25
C Instructional Assistant Initial Assignment Preference Form………… 26
D SEIU Recall Form……………………………………………………….. 27
E Letter of Understanding – Educational Compensation………………. 28
1
RECITALS
Pursuant to the Public Employees' Collective Bargaining Act of 1967, RCW 41.56, this constitutes an Agreement between the Lake Washington School District No. 414 (Employer or District), and Service Employees International Union, Local #925 (Union).
ARTICLE 1
Recognition Section 1.1 The Employer recognizes the Union as the exclusive collective bargaining representative of persons employed as regular full-time and regular part-time Instructional Assistants, Clerical Assistants, Extended Day Instructional Assistants, Safety Assistants, Head Start and Ready Start Lead Teachers, Head Start Assistant Teachers , Family Support Specialists, Technical Support Specialists.
ARTICLE 2
Management Rights Section 2.1 All management rights, powers, authority and functions, shall remain vested exclusively in the District except as limited by the express provisions of this Agreement. The Union recognizes that such rights, powers, authority and functions include, but are not limited to, the Employer’s full and exclusive control, management and operation of its activities, business to be transacted, functions to be performed, and methods pertaining thereto; the location of its offices, schools and places of business; the right to maintain order and efficiency; the right to contract or subcontract any work; the right to designate the work and functions to be performed by the District and the places where it is to be performed; the determination of the number, size and location of its offices, schools and other places of business, or any part thereof; the right to make and enforce safety and security rules and rules of conduct; the determination of the number of employees and the direction of the employees, including, but not limited to, hiring, selecting and training of new employees and disciplining, suspending or discharging for cause, scheduling, assigning, laying off, recalling, promoting, retiring, demoting and transferring of its employees. Section 2.2 The District and the Union agree that the above statement of management rights is for illustrative purposes only and is not to be construed to exclude those prerogatives not mentioned which are inherent to management, including those prerogatives granted by law. It is the intention of the District and the Union that the rights, powers, authority and functions of management shall remain exclusively vested in the District except as surrendered or limited by the express provisions of this Agreement.
ARTICLE 3
Discipline/Discharge Section 3.1 Employees shall be disciplined and discharged for just cause. The issue of just cause may be determined through the arbitration provision of this Agreement.
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ARTICLE 4 Employee Rights Section 4.1 Neither the District, nor the Union, shall discriminate against any employee or applicant for employment by reason of race, religion, creed, color, marital status, sex, age, national origin, or the presence of any sensory, mental or physical handicap, or because of their membership or non-membership in the Union. Section 4.2 The Union agrees and supports the concept of Affirmative Action. Therefore, the parties mutually agree to use their best efforts to insure that this Agreement will not be in conflict with, or inconsistent with, the Employer’s Affirmative Action Program. If issues arise that are inconsistent between the Agreement and the Program, such issues shall be resolved consistent with RCW 49.60 and WAC 162.16. Section 4.3 Personnel files shall be maintained for each employee. Employees, upon appointment, shall have the right to inspect all contents of their complete personnel file. Employees may attach their written comments to any adverse materials in their files. Section 4.4 Any adverse statement placed in the employee’s personnel file shall be kept for a maximum of two (2) years. An employee may make a written request of the supervisor to remove the statement after one (1) year. However, in accordance with the Washington Administrative Code (WAC), any discipline administered for sexual misconduct, verbal or physical abuse as defined in WAC 181-88 may not be expunged. The supervisor’s refusal to do so shall not be subject to the grievance procedure. Section 4.5 Employees shall not be required to use their personal vehicle as a condition of employment without their consent. Section 4.6 The Employer shall not terminate or reduce the hours of any instructional assistant positions for the purpose of assigning those hours to volunteers, student workers, or interns. Section 4.7 It is agreed that the employees, subject to this Agreement shall have and shall be protected in the exercise of the right, freely and without fear of penalty or reprisal, to join, or not to join, the Union at their discretion; subject to the provisions of Article 5 Section 5.1 Union Membership. Section 4.8 Mileage The school district will reimburse employees for the use of their private automobile while on approved district business, at the IRS rate in effect at the time of such use. Section 4.9 Wearing Apparel and Equipment The Employer shall provide a flashlight, batteries, whistles, safety vest, raincoat and umbrella for each crossing guard, playground supervisor, and instructional assistants who are assigned out of doors. Such equipment shall remain the property of the Employer and shall be used by the employees only during their working hours. Replacement of the above equipment is the sole responsibility of the District. Section 4.10 Safety Each building where employees are working will conform to federal, state and local health and safety rules and regulations. School district policies GBE and GBE-R will be followed at each location. Section 4.11 A secure place that locks in close proximity to the employee’s workstation shall be provided for the storage of personal items. The supervisor will work with the employee to resolve any concerns.
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ARTICLE 5
Union Rights Section 5.1 Union Membership Section 5.1.1 Each employee within the bargaining unit will be required, as a condition of employment, either to join the Union and execute an authorization for continuous deduction or direct payment of regular monthly dues uniformly required of members or shall pay equivalent amounts to the Union as agency fees. This obligation shall commence thirty (30) calendar days following the employee's date of hire. Employees with a bona fide religious objection to the foregoing, which is based on bona fide religious tenets or teachings of a church or religious body of which said employee is a member, may satisfy this obligation by paying equivalent amounts to a mutually agreeable non-religious charity as provided in RCW 41.56. In the event an employee does not give written authorization for the deduction of dues, agency fees, or equivalent amounts to be paid to a non-religious charity as noted above from his/her salary, the District shall discharge the employee. This membership obligation may be satisfied by fulfilling the requirements of any membership reciprocity agreement that exists between the Union and any other labor organization. Employees who are employed an average of less than one hour per day shall be exempt from this obligation. Section 5.1.2 No employee will be discharged by the District for non-payment of the regular monthly dues unless the Union has first notified the employee by letter that the employee is delinquent in payments, specified the current amount of such delinquency, warned him/her that unless such dues are tendered within ten (10) calendar days from the date the dues are due, he/she will be reported to the Human Resources Department for discharge. The Union will furnish the Human Resources Department a copy of the letter sent to the employee and notice that the employee has not complied with the request for payment. Such notices shall be sent to the employee and the District at the same time. The Union will also advise the District on or after the tenth (10) day as to whether the employee has complied with the request for payment. The District shall inform the employee immediately upon written notice from the Union that the employee has not complied with Section 5.1.1 as required and that unless the employee complies within ten (10) calendar days, he/she will be discharged. Should the employee fail to comply, the District shall discharge the employee. The District shall not be held liable or responsible for any discharges resulting from the administration of this Article, nor shall any such discharges be subject to the grievance procedure of this Agreement. Section 5.1.3 The Union will notify all present employees and all future employees subject to this Agreement of the terms and conditions of this Article. Section 5.2 Dues Deduction Section 5.2.1 Upon receipt of a written employee dues deduction authorization and assignment from an employee, the Employer will make the appropriate payroll deduction as certified by the Union, including any additional amounts the employee voluntarily authorizes for deduction for political purposes (COPE), and transmit the monthly dues to the Union. Section 5.2.2 Dues deduction authorization by the employee shall be on a form attached hereto as Appendix A. Section 5.2.3 The Union and its members shall indemnify, defend and hold the Employer harmless against any claims, demands, and suits instituted against the Employer resulting from any reasonable action taken or omitted by the Employer for the purpose of complying with the provisions of this Article. The Union agrees to refund to the District any money paid to it in error due to application of this Article upon presentation of proper evidence thereof.
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Section 5.3 District Mail System The Union shall have the right to use the Employer’s inter-school mail system for a reasonable volume of appropriate announcements relating to the conduct of Union business on behalf of the Union members. Such materials shall not contain anything political or reflecting adversely upon the District, any of its employees, or any labor organization among its employees. Section 5.4 Pertinent Data The District agrees to make available to the Union upon written request an employee list reporting name, seniority date, assignment location and hours, placement on the salary schedule, insurance plan(s), premium costs to employee, address and phone number. Section 5.5 Building Access The authorized representatives of the Union shall upon request have access to the District’s premises at any reasonable time for the purpose of adjusting grievances, investigating working conditions, or ascertaining that provisions of this Agreement are being adhered to; provided the representatives notify the supervisor of their presence and that they do not interfere with employees in the performance of their duties. The Union shall furnish the District with the names of its authorized representatives. Section 5.6 Bulletin Boards The District will make available reasonable space in each building for the purpose of posting Union notices of meetings, elections, and reports of Union committees, recreational and social affairs. Notices and announcements shall not contain anything political or reflecting adversely upon the District, any of its employees, or any labor organization among its employees. Section 5.7 Distribution of Agreement This entire Agreement in complete form will be reprinted and distributed by the District to all employees in the bargaining unit and to all new hires. Cost to be shared equally between the Union and the District. Section 5.8 Shop Stewards Section 5.8.1 A shop steward may be appointed in each junior high feeder area. Immediately after appointment of its shop steward(s), the Union shall furnish the Administrator of Employee Relations a list of those employees who have been designated as shop stewards. Said list shall be updated as needed. Stewards shall be District employees and shall perform their regular duties as such but shall function as representatives of the Union. If necessary, the steward shall be allowed reasonable time at the discretion of the Employer, to assist in processing and/or resolving grievances and other issues during regular working hours. Shop stewards shall not be discriminated against for making a complaint or giving evidence with respect to an alleged violation of the contract but under no circumstances shall the shop steward interfere with orders of the Employer or change working conditions. Section 5.8.2 The District will grant up to thirty (30) days per year to employees for the purpose of participating in activities associated with the administration of this agreement. Requests submitted three (3) working days in advance, if possible, shall be approved by the Superintendent or his/her designee. The Union will reimburse the District the cost of the substitute for each release day if a substitute is used.
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ARTICLE 6 No-Strike Agreement Section 6.1 There shall not be authorized by the Union any strike, slowdown, sick-out, or any other stoppage of work. The Employer shall not lock out any employee covered by this Agreement. Should a strike, slowdown, sick-out, or other stoppage of work by the Union occur, the Union shall immediately instruct its members to return to work. If the members of the Union do not resume work as required by this Agreement immediately upon being so instructed, they shall be subject to discipline, including discharge. Section 6.2 If the Employer agrees that there would be immediate and real danger to the physical safety of employees by their crossing any picket line established by other labor organizations, a written agreement shall be reached between the Union and the District regarding the situation.
ARTICLE 7
Grievance Procedure Section 7.1 Grievance Procedure A grievance is defined as an alleged violation of a specific provision of this Agreement. Section 7.2 Grievance Steps Section 7.2.1 - Step 1, Oral Discussion The employee shall first discuss the grievance with his/her immediate supervisor. This shall be done within fifteen (15) work days after the employee should reasonably have knowledge of the occurrence which gives rise to the alleged grievance. A representative of the Union may, at the employee’s option, be invited to attend and/or speak in behalf of the employee. Every effort should be made to resolve the grievance at this level in an informal manner. Section 7.2.2 - Step 2, Grievance Reduced to Writing – Supervisory Level If no settlement is reached in Step 1, the employee, if he/she considers the grievance to be valid, will reduce to writing a statement of the grievance which will contain the following: a) the facts upon which the grievance is based; b) a reference to the articles and sections of the Agreement alleged to have been violated; and c) the remedy sought. The employee within ten (10) work days following the Step 1 discussion will submit the written grievance to the immediate supervisor for reconsideration, with copies to the Administrator of Employee Relations. The parties will have ten (10) work days from submission of the grievance to resolve it by indicating on the statement of grievance the disposition and signing it. A representative of the Union shall be given reasonable opportunity to be present and to speak in behalf of the grievant if the grievant so desires, at any meeting or hearing held for the purpose of grievance resolution wherein the aggrieved employee is in attendance. Section 7.2.3 – Step 3, Next Line Administrator Level If no settlement has been reached in Step 2, within the specified time limits, and the employee believes the grievance to be valid, the written grievance shall be submitted by the employee within ten (10) work days to a central leadership team administrator designated by the Superintendent. After such submission, the designated administrator and employee will have ten (10) work days from submission of the grievance to resolve it by indicating on the statement of grievance the disposition and signing it. A representative of the Union shall be given reasonable opportunity to be present and speak in behalf of the grievant if the grievant so desires, at any meeting or hearing held for the purpose of grievance resolution wherein the aggrieved employee is in attendance.
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Section 7.2.4 – Step 4, Superintendent Level If no settlement has been reached in Step 3, within the specified time limits and the employee believes the grievance to be valid, the written grievance shall be submitted by the employee within fifteen (15) work days to the Superintendent. After such submission, the Superintendent or Deputy Superintendent and the employee will have ten (10) work days from submission of the grievance to resolve it by indicating on the statement of grievance the disposition and signing it. A representative of the Union shall be given reasonable opportunity to be present, and speak in behalf of the grievant if the grievant so desires, at any meeting or hearing held for the purpose of grievance resolution wherein the aggrieved employee is in attendance. The decision of the Superintendent or Deputy Superintendent shall be final and binding upon the parties except as provided in Section 7.2.5. Section 7.2.5 Arbitration If a grievance is not satisfactorily resolved at Step 4, the Union may, within fourteen (14) calendar days after receipt of the written response in Step 4, submit the grievance to the American Arbitration Association for arbitration under their voluntary labor arbitration rules and within the following guidelines:
A. The arbitrator shall have no power to change, alter, detract from, or add to the provision of this Agreement.
B. The arbitrator's decision shall be final and binding on the Employer, and the Union and
the employees involved.
C. The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other.
D. The District and Union will not be permitted to assert in arbitration proceedings any
ground or rely on any evidence not previously disclosed to the other party. Section 7.3 Time Limits The number of days within each step is the maximum, and every effort shall be made to expedite the process. Failure on the part of the Employer or grievant, to act within the time limits will move the grievance to the next step automatically. Failure on the part of the Union to submit an appropriate grievance to arbitration shall constitute withdrawal of the grievance. The Employer and the Union may mutually agree in writing to extend the time limits at any one of the steps. Section 7.4 Grievance Requirements Section 7.4.1 Grievance claims involving retroactive compensation will be limited to no more than forty-five (45) days prior to the written submission of the grievance to the Employer. Section 7.4.2 In arriving at any disposition or settlement, neither party shall have the authority to alter, add to, delete or amend this Agreement. Section 7.4.3 The Employer will not discriminate against any individual employee or the Union for taking action under this Article. Section 7.4.4 Upon a reasonable request of the Union, the Employer will cooperate in the Union's investigation of any grievance and will furnish the Union such information germane to the grievance.
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Section 7.4.5 All documents, communications and records dealing with a grievance shall be filed separately from the grievant's personnel file. Section 7.4.6 Grievance discussions shall take place whenever possible on school time, and without loss of pay or benefits, if the employee is on pay status. Section 7.4.7 Prior to submitting written evidence in a grievance proceeding, such material shall be shown to the other party.
ARTICLE 8
Work Year Section 8.1 Work Year For Instructional Assistants The length of an Instructional Assistant employee work year assignment is normally 183 days; however, this may be increased by the Employer at any time or decreased through the lay off procedure to meet the conditions created by an economic setback, inoperable facilities, a decrease in the work load, or other condition that reasonably requires a reduction in force. The building principal will determine when the three days beyond the one hundred eighty (180) days base calendar are to be worked and will communicate that information to the employee. Section 8.1.1 Work Year for Technical Support Specialists District Technical Support Specialists have the responsibility of meeting the technology needs of the District throughout the entire year. These needs extend beyond the regular school year and in order to meet these needs the work assignment will be 260 days.
Section 8.1.2 Work Year for Head Start and Ready Start The work year for Head Start and Ready Start Lead Teachers and Family Support Specialists shall be 167 days. The 2011-2012 work year for Head Start and Ready Start Lead Teachers and Family Support Specialists shall be 168 days. Section 8.2 An employee eligible for vacation, I, I, & E leave and other benefits shall accrue said benefits while on active work status. Employees on inactive work status such as during periods of leave and time between the ending and beginning of the work year assignment shall not accrue vacation, I, I, & E leave and other benefits. Section 8.3 Optional Day For the duration of this agreement, each Instructional Assistant may work one optional work day at per diem pay subject to supervisor approval. This provision is not available to Technical Support Specialists, Head Start and Ready Start Lead Teachers, Head Start Assistant Teachers and Family Support Specialists. Section 8.4 Staff Development Bargaining unit members may, in addition to their normal work schedules, participate in three (3) days (prorated for part-time employees) of staff development training during each year of this Agreement. Such training shall be planned cooperatively between the employee and the building principal or supervisor and is subject to final approval by request to the deputy superintendent. Employee attendance at training programs shall be optional. Employees shall be compensated at their regular straight-time hourly rate of pay. Section 8.5 Extra Help and Overtime When building administrators and supervisors determine that a need exists for extra help or overtime during peak work periods, they shall initiate requests through their appropriate directors. Such requests shall be given immediate attention. Upon written request from the Union, the District will identify the budget sources used to fund peak work load periods for the school year. Section 8.6 Release Time Should the Employer require attendance of bargaining unit members at in-service/staff development activities, the Employer shall either provide release time for such attendance or pay the employee his or her hourly rate.
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Section 8.7 Mandated Training The District is willing to discuss implications of any federal or state mandated training for employees when the mandate is made. This topic is appropriate for periodic meetings held between the District and the Union.
ARTICLE 9
Work Day Section 9.1 Work Day The length of a work day within a department or building shall be that period of time designated by the supervisor of the department or building, not to exceed eight (8) hours and to be scheduled Monday through Friday. Flexible work hours shall be allowed where there is no disruption of the work place as determined by the building principal/supervisor. Section 9.2 Lunch Period The length of the employee's lunch period, which shall be unpaid, free of duty, and not less than one-half (1/2) hour, shall be determined by the supervisor and will be in addition to the work day. Technical Support Specialists may elect to take such unpaid duty free lunch for a period of one-half (1/2) hour or one (1) hour provided that such election is made for the school year and does not interfere with appropriate coverage. Only those employees working four (4) hours or more per day shall receive a lunch period. The supervisor may under unusual circumstances require the employee to work through his or her scheduled lunch period. An employee who is required to work through the meal period shall be compensated for such time at the overtime rate of one and one-half (1 ½) times their rate of pay. Section 9.3 Rest Periods Employees working from three (3) to six (6) hours per day shall receive one (1) fifteen (15) minute rest period scheduled by the supervisor as part of the paid working day. Employees working more than six (6) hours per day shall receive two (2) fifteen (15) minute rest periods. Section 9.4 Passing Time Reasonable time will be provided in the employee's work day to move from one assignment to the next. Section 9.5 Overtime By Permission Only Under no circumstance shall the employee work more than the assigned number of hours per day without the express permission of the building principal or central leadership team member. In the event extra hours are required and approved by the supervisor; compensatory time off or pay shall be granted at the employee's option. Section 9.6 Overtime Pay/Compensatory Time Payment shall be made or compensatory time shall be granted at the employee's regular rate for hours up to and including forty (40) hours in the work week. Overtime pay or compensatory time at one and one-half (1 ½) times the employee's regular rate will be granted for authorized work time exceeding forty (40) hours in the work week. Compensatory time shall be granted within fifteen (15) calendar days of the time worked. Section 9.7 Travel Time All authorized travel time between job locations shall be considered time worked. Section 9.8 Emergency Closure Normal work hours deleted from the work day through the use of an emergency schedule may be reassigned by the supervisor at a time agreeable to the employee in order to maintain the employee's normal compensated hours.
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Section 9.9 Flex Day Employees may bank up to one (1) work day to be used later in the work year on a day that is mutually agreeable between the employee and the supervisor; preferably when a substitute is not required. Should a substitute be necessary, the cost will be charged to the building budget. Records will be maintained at the building to document when hours were worked and taken.
ARTICLE 10
Probation Period Section 10.1 All new employees subject to this Agreement will be on probation for the first ninety (90) working days of employment. During this period, the employee will be evaluated by the immediate supervisor. If, upon such evaluation, the employee’s performance is determined to be unsatisfactory, the employee shall be terminated and such termination shall not be subject to review by the grievance procedure of this Agreement. If the employee’s performance is satisfactory, a recommendation for regular employment shall be transmitted through proper channels. New regular employees will begin receiving benefits available to board approved employees. Sick leave, vacation, holidays, and other paid leave paid during the probation period would be recovered from the employee if not board approved for continued employment.
ARTICLE 11 Leaves Section 11.1 Illness, Injury and Emergency Leave (I, I, & E) I, I, & E leave for regular employees shall be accrued at the rate of one prorated day per payroll month of employment. Unused I, I, & E leave shall accumulate from year to year while the employee remains in the employ of the District. The Employer shall project the number of annual days of I, I, & E leave at the beginning of the school year according to the estimated calendar months the employee is to work during the year. The employee shall be entitled to the projected number of days of I, I, & E leave at the beginning of the school year provided that should the employee terminate prior to the end of the school year a deduction shall be made for I, I, & E leave used in excess of accrual. Section 11.1.1 Use of Illness and Injury Leave I, I, & E pay will be paid only for periods of absence caused by the employee’s personal illness, injury, medical, dental or optical appointments or the illness or injury of an immediate family member. Immediate family, for purposes of this section shall be defined as the employee’s spouse or the employee’s son or daughter who is 18 years of age or younger or anyone permanently living at the employee’s residence and considered part of the family. The Employer may, at its discretion, and at its own expense, have the employee examined by a doctor of the Employer’s choice at any time. Refusal of the employee to be so examined shall be cause for immediate discharge and said discharge shall not be subject to the grievance procedure of this agreement. Section 11.1.2 Use of Emergency Leave Up to six (6) days per year of I, I, & E leave may be granted for absences due to:
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A. Illness or injury of a member of an employee’s immediate family which requires the presence of the employee or for extension of bereavement leave because of special circumstances such as travel conditions and/or distance. Immediate family includes spouse, parent, brother, sister, child, grandparent or grandchild by blood, marriage or legal adoption.
B. Situations will be of such a nature that generally pre-planning by the employee is
not possible, one which is serious, essentially unavoidable, and of importance, not one of mere convenience. Example: a threat to the employee’s property (flooding, storm, fire, serious illness of adult child or parent, etc.)
Additional I, I, & E leave beyond the 6 days may be requested due to extraordinary circumstances. Section 11.1.3 The Employer may require the employee to submit proof of illness, injury, or emergency. Section 11.1.4 Use of Emergency Leave - Inclement Weather The Employer and the Union recognize that inclement weather conditions may prevent the timely arrival of employees due to safety and/or other related reasons. In such situations employees may use emergency leave, earned compensatory time, discretionary leave, or with the supervisor’s approval, make up the time lost. Section 11.1.5 Reinstatement of I, I, & E Leave In the event an employee returns to the employ of the District after resignation or termination for cause, accumulated I, I, & E leave will not be re-established. In the event an employee returns to the employ of the District within three (3) years after layoff or within two (2) years after termination from probation, accumulated I, I, & E leave will be re-established upon recommendation from the Superintendent. Section 11.1.6 Attendance Incentive Program In January of the year following any year in which a minimum of sixty (60) days of leave for illness or injury is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration of unused leave for illness or injury accumulated in the previous year at the rate equal to one (1) day's compensation of the employee for each four (4) full days of accrued leave for illness or injury in excess of sixty (60) days. Leave for illness or injury for which compensation has been received shall be deducted from accrued leave for illness or injury at the rate of four (4) days for every one (1) day's compensation, PROVIDED that no employee may receive compensation under this section for any portion of leave for illness or injury accumulated at a rate in excess of one day per month. At the time of separation from school District employment due to retirement or death, an eligible employee or the employee's estate shall receive remuneration at a rate equal to one (1) day's current compensation of the employee for each four (4) full days accrued leave for illness or injury. The provisions of this section shall be administered in accordance with state law and applicable state rules and regulations. Should the legislature revoke any benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right. Section 11.2 Leave for Jury Service An employee who is called for jury duty shall receive compensation at the employee's current rate of pay. Section 11.3 Leave for Subpoena An employee who is subpoenaed to appear in court as a
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witness other than in his/her own behalf or interest shall receive compensation at the employee's own rate, less the amount received for fees. If the employee is plaintiff or defendant in a case, there shall be no compensation. Section 11.4 Bereavement Leave In the event of a death in the immediate family/household of the employee, an absence of up to five (5) days with compensation at the employee’s own rate will be permitted. The immediate family of an employee shall be considered a spouse, parent, brother, sister, child, grandparent, or grandchild by blood, marriage, or legal adoption, or any individual permanently residing in the employee’s residence and/or considered a part of the employee’s immediate family. Bereavement leave shall be non-cumulative. Section 11.5 Temporary Disability Leave Section 11.5.1 Employees, subject to this Agreement, who are physically unable to perform the functions of their position for medical reasons as determined by a physician, may request a temporary disability leave. Temporary disability leave may be requested for illness, injury, surgery or because of pregnancy or childbirth and may be requested only for the period of actual disability and shall not exceed one (1) year or two (2) years in the event of an on-the-job injury. Section 11.5.2 The employee shall file the request form with the immediate supervisor to be forwarded to Human Resources. If possible, such request shall be made at least sixty (60) calendar days prior to the proposed starting date of the leave. The actual starting date of the leave, if granted, will be determined as necessary to protect the quality of the instructional and supportive programs, the desire of the employee and the employee’s attending physician. The Employer may require a doctor’s certification that the employee is able to continue to work, prior to the temporary disability leave request, without jeopardizing the employee’s health or the safety of others. Section 11.5.3 Expiration of the temporary disability leave shall be when the employee’s attending physician confirms the ability of the person on temporary disability leave to resume the duties of the assigned position. The Employer may, at its discretion and at its own expense, have the employee examined by a doctor of the Employer’s choice at any time. Section 11.5.4 The position of an employee on a temporary disability leave for a period of sixty (60) working days or less will be filled by substitute employee(s). The position of an employee on a temporary disability leave scheduled to exceed sixty (60) working days will be filled in accordance with Section 16.1, but specifically only for the period of the leave. Upon expiration of temporary disability leave, the employee will be assigned to the same position or its equivalent if the position no longer exists. A regular employee who has completed the probationary period and is displaced by the return of an employee from temporary disability leave will be entitled to recall under the provisions in Section 16.8. Section 11.5.5 An employee on approved temporary disability leave will retain accrued I, I, & E leave, vacation and seniority rights. Employees granted temporary disability leave may, at their option, be allowed compensation for temporary disability leave in accordance with Section 11.1 I, I, & E leave. Section 11.5.6 An employee who has exhausted all I, I, & E leave and is on a temporary disability leave may continue to participate in the employee health insurance programs, if available, at their own expense until the expiration of the leave.
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Section 11.5.7 The District reserves the right to call for a doctor's certificate of temporary disability at any time for any number of days used in conjunction with this section. Section 11.6 Leave of Absence Section 11.6.1 Upon recommendation of the immediate supervisor and approval by the Superintendent or designee, an employee may be granted a leave of absence without pay for a period not to exceed five (5) work days. An employee returning from such a leave of absence shall be reinstated to the position held at the time the request for the leave was approved without loss of seniority or benefits (i.e., personal business, union business). Section 11.6.2 Upon recommendation of the immediate supervisor through administrative channels to the Superintendent and upon Board approval, an employee working twenty (20) hours per week or more may be granted an extended leave of absence without pay for a period not to exceed one (1) year. Applications for such leave must be made in writing on a form supplied by the District on or before April 15 of the school year immediately preceding the year in which the leave is to occur. Under unusual circumstances the employee may file a written request with the Superintendent or designee for exception to the April 15 deadline. Section 11.6.3 An employee returning from an extended leave of absence of sixty (60) work days or less will be reinstated in the same position held prior to the leave if the position exists. An employee who returns from an extended leave in excess of sixty (60) work days will be reinstated in a vacant position for which the employee is qualified and that is equivalent in level and hours (secondary/elementary/workgroup) to that held at the time the request for leave of absence was approved; provided that if an employee refuses an offer of such employment the Employer is released from all obligation under this article. An employee may choose to be reinstated in a vacant position in the same classification/workgroup the employee last held, or in a classification/workgroup the employee previously held for which the employee is qualified, which may be at a lower rate of pay or fewer hours or both. If an employee voluntarily accepts a position of less status and pay in order to expedite a return to active pay status, the employee shall forfeit all other rights guaranteed in this paragraph, provided that, if an employee who held a PERS position accepts a non-PERS position, he/she shall retain reinstatement rights until such time as he/she is offered a PERS position at his/her level (secondary/elementary/workgroup). Section 11.6.4 The employee will retain accrued I, I, & E leave and other rights extended by the District while on leave of absence. Section 11.6.5 Vacation leave, I, I, & E leave, or other benefits shall not accrue while an employee is on leave of absence. Section 11.6.6 The employee will receive no credit for salary advancement while on leave of absence. Section 11.6.7 If an employee on approved leave of absence does not return to work or make contact with the District within four (4) work days following the expiration date of the leave, the employee shall be considered as having resigned without notice and shall be terminated. Section 11.7 Discretionary Leave All employees shall earn two (2) regularly assigned days off work as Discretionary Leave at full salary which shall be available for any subject to the following limitations:
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- shall not be used during the first and last week of school except for employees on a technology calendar
- shall not be used for any day immediately adjacent to a holiday/school breaks unless a request for such use is made two (2) weeks in advance and approved by their immediate supervisor and, if necessary, a substitute has been secured
- no more than one person at each site shall be permitted to be on Discretionary Leave at any time if a substitute is required
- the employee shall have received the supervisor's approval at least 24 hours prior to the date requested (except as identified above)
- Discretionary Leave days shall not be charged against sick leave
For school year 2011-2012 the earning of discretionary days has been modified. Instead of earning two (2) discretionary days, all employees shall earn one (1) discretionary day at full salary subject to the same limitations as identified immediately above.
Employees may opt to carryover up to three (3) unused discretionary days by notifying payroll prior to the last day of school; lack of notification will result in a cash-out of any unused days. Cash-out will be at the substitute rate for their job classification; however, at no time may an employee have a balance of more than five (5) discretionary days. Use of three (3) or more discretionary days in a row must be requested and approved at least two (2) weeks in advance and subject to the above limitations that are applicable.
Section 11.8 Child Care Leave Any employee may be granted child care leave for up to one (1) year. The request for such leave shall be in writing at least thirty (30) calendar days in advance of the proposed starting date and will clearly state the intended purpose and duration of the leave. Long-term child care leave will be without compensation and Employer benefits except that the employee will retain all seniority and benefits accrued. Seniority will not accrue during such leave. Employees returning from a child care leave will be placed in accordance with the provisions in Section 11.6.3. Section 11.9 Vacation Leave Section 11.9.1 Regular employees covered by this Agreement and working twenty (20) hours or more per week shall earn one (1) prorated vacation day per each month worked to a maximum of twelve (12) prorated days per year. Section 11.9.2 Employees with five (5) years of service shall accrue 1.417 days of vacation leave for each month worked to a maximum of seventeen (17) prorated days per year. Section 11.9.3 Employees after ten (10) years of service shall accrue 1.583 days of vacation leave for each month worked to a maximum of nineteen (19) prorated days per year. Section 11.9.4 Employees after fifteen (15) years of service shall accrue 1.833 days of vacation leave for each month worked to a maximum of twenty-two (22) prorated days per year. Section 11.9.5 Earned vacation shall be paid in even increments over the twelve-month period. Section 11.9.6 Upon termination from regular service, an employee will be paid for his/her accumulated vacation hours provided the employee provides ten (10) work days written notice of separation. Section 11.9.7 In the event of an employee's death, all accrued vacation days shall be paid to the employee's estate.
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ARTICLE 12 Labor/Management Committee Section 12.1 A committee composed of representatives of the Union and the District will meet on a monthly basis to discuss and attempt to resolve issues that arise.
ARTICLE 13
Holidays Section 13.1 Regular employees covered by this Agreement, working twenty (20) hours or more per week, shall receive the following prorated paid holidays:
Labor Day* Day Before New Year's Day Veterans' Day New Year's Day Thanksgiving Day Martin Luther King Day Day after Thanksgiving President’s Day Day before Christmas Memorial Day Christmas Day Independence Day
*If employee work year begins prior to Labor Day. Provided that: A. They are not on leave of absence or furlough, and B. They have worked half the work days in the calendar month in which the holiday occurs. Section 13.2 Whenever any holiday recognized within this Agreement falls upon a Saturday or Sunday, the Superintendent or designee shall determine and designate the day to be recognized as the holiday. Such designation shall be consistent with the school calendar. Section 13.3 Regular employees covered by this Agreement, working four (4) hours per day or more who work on holidays recognized within this agreement shall be paid for the hours worked at one and one-half (1 ½) times their regular rate of pay in addition to the above holiday pay.
ARTICLE 14
Compensation Section 14.1 Automatic Payroll Deposit Effective January 1, 1997, all employees covered by this Agreement shall, as a condition of employment, authorize the automatic deposit of their earnings to a banking institution of their choice. Only very limited exceptions to this rule shall be considered by the Employer. The Union specifically agrees to assist the Employer in enforcing this provision. There shall be no exception to this provision for new employees hired after January 1, 1997.
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Section 14.2 Wage Schedule All employees covered by this Agreement shall be paid according to their proper step as set forth in Appendix B. The rates established in Appendix B shall be adjusted by any additional state flow through or cost of living adjustment monies as provided by law. For school level IA’s, an annual step review will be conducted in January of each year of the Agreement. This review will look at the distribution of employees in Steps B, C, and, D using the data as of December 31st of the school year in which the review is being conducted, compared against the distribution of FTE agreed to by the parties at the time of contract ratification (Step A 62.979 FTE, Step B 41.386 FTE, Step C 26.991 FTE, Step D 48.584 FTE). For Head Start Assistant Teachers , an annual step review will be conducted in January of each year of the Agreement. This review will look at the distribution of employees in Step B using the data as of December 31st of the school year in which the review is being conducted, compared against the distribution of FTE agreed to by the parties at the time of contract ratification (Step B 1.444 FTE). For Head Start and Ready Start Teachers, an annual step review will be conducted in January of each year of the Agreement. This review will look at the distribution of employees in Step B using the data as of December 31st of the school year in which the review is being conducted, compared against the distribution of FTE agreed to by the parties at the time of contract ratification (Step B 4.098 FTE). For Family Support Specialist, an annual step review will be conducted in January of each year of the Agreement. This review will look at the distribution of employees in Step B using the data as of December 31st of the school year in which the review is being conducted, compared against the distribution of FTE agreed to by the parties at the time of contract ratification (Step B 1.385 FTE). In maintaining the distribution, employees may be moved to higher steps. Such movement shall be made based on the seniority of employees on the step immediately below and step they are moving to. Employees shall not move backward as a result of these reviews. Movement shall be based on total FTE not individual employees. The Union will be notified prior to final implementation. Should a downsizing or reduction in force occur, the distribution in higher steps will be maintained until the more junior step is exhausted of FTE. Section 14.3 In the event a para-educator or secretary is absent and there are no para-educator or secretary substitutes and an IA is assigned to perform the duties and responsibilities of a para-educator or secretary, such IA shall be entitled to a differential of one dollar and fifty cents ($1.50) per hour for the hours performing para-educator and secretary duties.
ARTICLE 15 Insurance Section 15.1 For all employees the Employer shall contribute a sum of money equal to the eligible regular employee's FTE portion of the state funded contribution per month, plus a monthly supplement of twelve dollars ($12.00) to the benefit pool identified in Section 15.2 below, toward the cost of Employer approved group medical, dental and life insurance. An FTE shall constitute 1440 or more hours in a school year. This provision will apply to the extent that
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the state allows the Employer to continue providing these benefit dollars above state allocation levels. To be eligible for such coverage, the regular employee must work twenty (20) or more hours per week. Such contribution shall first include the full cost of dental insurance and life insurance in an amount equal to the employee's annual salary to the nearest thousand dollars, based on hours of work assigned as of November 1. For new employees the life insurance amount shall be based upon initial assignment. Such contribution shall be made twelve (12) months of each year on the condition that the employee sign and return his/her Notification of Continued Employment. Section 15.2 All insurance money mentioned in 15.1 above which is not used by eligible regular employees shall be placed in a pool. In addition, the monies saved by the District as well as any unclaimed monies from bargaining unit members utilizing Section 125 Medical Reimbursement and Dependant Care plans will be added to this benefit pool. Each eligible regular employee may draw on this pool according to his or her needs and the provisions of the policies. Should the need of all employees exceed the amount in the pool, each employee's individual benefit shall be reduced the same dollar amount, provided that no eligible regular employee's insurance benefit shall be reduced below his/her FTE allowable benefit.
ARTICLE 16 Personnel Actions Section 16.1 Vacancies Section 16.1.1 Definition A vacancy shall be defined as a position opening as determined by the Employer. The Employer shall not fill any vacant position with a substitute employee for longer than 45 work days. Section 16.1.2 Procedure for Filling Vacancies
A. The Human Resources Department will make every effort to post vacancies within ten (10) working days of receipt of a requisition from the principal or program manager.
B. Position vacancies within the bargaining unit that cannot be filled by a qualified laid-
off employee will be posted in all District facilities for five (5) workdays.
C. Bargaining unit employees may apply for any posted vacant position. Employees currently working in the job classification or building/workgroup of the vacant position shall be given preference by district seniority provided they are qualified.
D. If no one in the current job classification or building/workgroup applies for the open
position, the employee with the earliest seniority date who is fully qualified to perform the work involved shall fill the vacant position when qualifications and performance are substantially equal with others who sought the vacancy. Where it can be clearly substantiated that an outside applicant or substitute possesses greater qualifications, the Employer may fill the position with such person.
E. Employees not selected for a vacant position will be notified by the Human Resource
Department within five (5) workdays following the close of the selection process. The notification will state that the employee was not selected for the position and
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inform them that they can follow-up with one of the interviewers, citing proper contact information, to discuss the Employer’s reasoning. If there has been a bypass of a senior bargaining unit employee in lieu of a more qualified applicant, such notification to the senior employee will also include the reason the employee was not selected for the position.
F. Employees promoted to a new position may be placed in the position for a trial
period of forty (40) workdays until he/she demonstrates the skills and abilities necessary to assume the position on a permanent basis. After a period of twenty (20) working days, the employee may determine that the placement is not appropriate and may elect to be returned to the position from which they last held. Should the employee remain in the position beyond twenty (20) working days, prior to the completion of the forty (40) day trial period, the administrator/supervisor may determine that the assignment is not appropriate and the employee shall return to the position they held.
G. If the vacant position cannot be filled by a qualified applicant internally or externally,
the employer may consider less qualified bargaining unit employees who applied for the position, in seniority order, for training into the position. If the Employer elects to offer a training opportunity, the following conditions may apply:
1. The employee may have a trial service period. The trial service period shall
not exceed six (6) months unless mutually agreed by the Employer and the Union.
2. The trial service period may include a training plan with learning achievement goals.
3. If the supervisor determines that the trial service period has been unsuccessful, the employee shall return to a position in their prior job classification, if available. If a position in their prior job title is not available they shall be placed into the layoff recall pool.
Section 16.3 District Seniority District seniority shall mean length of continuous service within the bargaining unit. Section 16.4 Building/Workgroup Seniority Building seniority for Instructional Assistants shall mean the length of continuous service within the Instructional Assistant’s current building. Workgroup Seniority for Technical Support Specialists, Extended Day IAs, Head Start and Ready Start Head Teachers, Head Start Assistant Teachers, and Family Support Specialists shall mean the length of continuous service within the specific workgroup. Section 16.5 Initial Assignment of Hours Basic Allocation Hours are those hours that the District assigns to the buildings/programs in the spring. Section 16.5.1 Assignment for the Coming School Year In making assignments for the coming school year, principals/program managers will establish with the instructional assistants currently assigned to their schools and programs their preferences for assignments and hours of work for the upcoming year utilizing the “Initial Assignment Preference Form” (Appendix C). Section 16.5.2 Spring Assignment of Hours Principals/program managers will make assignments for the coming school year taking into account the preferences and building/workgroup seniority of the instructional assistants, qualifications and program needs. A senior Instructional Assistant who has requested a preference of hours shall not be assigned fewer hours than a less senior instructional assistant. The principal/program manager will post in a common area the schedule of assigned hours at the end of the school year and just before
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the new school year begins. As changes are made to the assigned hours, the schedule will be reposted. Prior to the close of the school year, basic allocation hours will be determined by the principal/program manager and assigned to the employee currently holding those hours, regardless of seniority. If the instructional assistant holding those hours does not wish to continue with those hours, they will first be offered to other qualified instructional assistants at the site in seniority order. If there are less than four (4) hours that are not selected by the building instructional assistants, the principal/program manager will assign those hours equitably beginning with the least senior person. If there are four (4) hour or more not selected, they will be posted as a vacant position. Section 16.5.3 Assignment of Additional Hours When time is added to a building or program the principal/program manager will first notify the employees in the affected program/classroom and then post on the staff bulletin board the additional time available. Those interested shall notify the principal/program manager of such interest. The additional time will be offered first to the employee in the affected program/classroom, second to employees in the building preference pool and third to the employee with the most building/workgroup seniority provided that person is qualified and available and student and program needs are met. Time assigned through this procedure shall not be considered continuing hours for the purpose of assigning hours for the coming school year if such time is assigned after October 15th, assigned due to a class size remedy, or other conditions of a temporary nature. This provision shall not apply if such time is assigned from the building preference pool. If a disagreement occurs over the time assigned and cannot be resolved through informal discussions between the Union and the Employer, the issue maybe grieved beginning with the Deputy Superintendent at Step 4 of the grievance procedure. Section 16.6 Termination of Seniority Seniority shall cease upon: discharge; voluntary termination; expiration of recall rights; or leaving the bargaining unit to accept a position within the District but outside the bargaining unit. Section 16.7 Layoff and Reduction in Hours Section 16.7.1 Reduction in Hours Definitions:
An employee shall be deemed to have been reduced-in-hours when their current annual assigned hours are reduced below their previous continuing hours.
Previous continuing hours shall be those hours assigned to an employee prior to October 15th of the previous work year, consistent with Section 16.5.
Section 16.7.2 Reduction in Hours Procedure
A. When reductions in hours are necessary at a site, the reduction shall affect employees in building/workgroup seniority order with the least senior employee being affected first, to the extent possible within the parameters required by building/program needs.
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B. If building/program needs or the qualifications of an employee do not permit the reduction of the least senior employee’s hours, the reduction process will continue from the next least senior employee until the number of hours lost by senior employees has been offered to those employees.
C. If, after this process, an employee has been reduced below four (4) hours they may,
at their option, elect to be identified as laid-off and enter into the layoff and recall procedures. Employees have five (5) workdays in which to make the decision to be laid-off and such decision shall be final.
D. If, after this process, an employee has been reduced to zero hours they shall be
deemed to be laid-off and shall enter into the layoff and recall procedures. E. An employee who is reduced in hours shall be placed in a building/workgroup
preference pool for the following year, ending after the Initial Assignment of Hours procedure has been completed.
F. During the period the building/workgroup preference pool is in effect if any additional
hours become available they shall be offered to employees in the building/workgroup preference pool in compliance with Section 16.5.3, Assignment of Additional Hours, in building/workgroup seniority order, until those employees are made whole for the hours they were reduced. Employees who refuse the additional hours shall be removed from the building/workgroup preference pool.
G. The District shall notify an employee reduced through this procedure that they have
been reduced, utilizing the “Initial Assignment of Hours Preference Form” in Appendix C. Such notification shall include:
1. The employee’s current assigned hours. 2. The employee’s current continuing hours. 3. The number of hours the employee has been assigned. 4. The number of hours they are eligible from the building/workgroup preference
pool.
H. Once building preference pools are finalized the principal/program manager shall give copies of the Initial Assignment Preference Forms to the designated building representative. The building representative will then be asked to forward the forms to a designated Chapter Officer. The information that the forms should include are:
1. Those employees current assigned hours. 2. Those employees current continuing hours. 3. Those employees new assigned hours. 4. The number of hours those employees have a right to from the
building/workgroup preference pool. Section 16.7.3 Layoff Definitions:
Layoff shall mean the termination of employment due to a need identified by the Employer to reduce staffing because of a change in program needs or financial necessity or as defined through Section 16.7.1, Reduction in Hours.
Qualified, for the purposes of this section, shall mean previous experience, demonstrable abilities, the ability to train into a position within a reasonable period of time, or training, as determined by the Employer and does not result in a promotion.
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Section 16.7.4 Layoff Procedure:
A. The Employer shall schedule a special Labor/Management meeting at least sixty (60) days prior to implementing paragraph 3 below of this layoff procedure when a district wide reduction in hours may result in one or more employees being laid-off. During the Labor/Management discussion the Employer shall specify the need for the reduction of staff and the severity of the reduction. At this meeting the Employer shall provide the Union with the following information:
1. Updated seniority lists (District and Building/Workgroup) 2. Documentation to support the necessity for the reductions 3. Plan of action, including the timelines the Employer is considering
B. Prior to implementing A3 above of this procedure, the Union shall have the opportunity
to call a follow-up Labor/Management meeting to discuss alternative solutions to the layoff, or solutions that may lower the impact of such a layoff.
C. Employees will be laid-off by:
1. The reduction in Hours Procedure for the IA workgroup, provided that the District
may elect to perform a layoff through section 3(b) of this procedure at their discretion.
2. Classification in inverse order of district seniority for all workgroups other than IA’s. Those with the lowest seniority will be the first selected.
D. An employee selected for layoff may displace the most junior employee in another
building/workgroup, by district seniority, for which the senior employee is qualified and which does not result in a wage increase. In lieu of displacing a junior employee, a senior employee identified for layoff may elect layoff. When employees are identified for layoff from buildings they shall be ordered on a list (Bumping Pool) with the District in order of District seniority. The District shall identify the number of employees that will be laid-off and develop a list of lowest District seniority employees (Bumping List). Those employees in the Bumping Pool may select a job from a junior employee on the Bumping List or elect layoff and such selection/election shall be in writing.
E. Employees who are laid-off or placed in a different workgroup will be placed in a recall
pool for up to one (1) year. Section 16.8 Recall Definitions:
Recall Pool shall mean the pool of employees who have been laid-off or have a right to a position in their original workgroup for up to one year.
Original workgroup shall mean the workgroup from which the employee was laid-off. Section 16.8.1 Recall Procedure
A. Employees, when notified they will be placed in the recall pool, shall be given the recall form to fill out, see Appendix D. The form shall request current contact information, including: address, phone number, alternate contact name and phone number (if necessary). The form shall also state the employee is required to notify the Employer of any changes or additional contact information if they will be absent more than five (5) calendar days. Included on the form shall be a request for the geographic region that a laid-off employee will accept for recall, see C(2) of this procedure.
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B. Employees in the recall pool shall retain accrued sick leave, vested vacation rights, district seniority and building/workgroup seniority. Employees shall not accrue additional benefits or rights while in the recall pool unless they are working in a bargaining unit position outside of their original workgroup.
C. Employees who are placed in the recall pool shall be ordered by District seniority and
shall be offered open positions in the bargaining unit in that order, provided they are qualified.
1. Employees offered a position of less than four (4) hours may decline such offer
without loss of recall rights. 2. Employees may select the geographic region to which they may be offered recall.
The employee may select all of the regions or any combination of regions as identified on the recall form. An employee who refuses recall to a position within a region they selected more than once shall be removed from the recall pool.
D. The District will first attempt to contact persons selected for recall by telephone followed
by a confirming letter. If not successful, the District will send notification by certified mail. The individual will have five (5) calendar days from receipt of notification to accept the position. If the employee fails to accept the position in writing within the time limit above it will be assumed that they have declined the position. Written notification from an employee to accept a position, for the purposes of this section only, shall include hand written notes, mailed letters, faxes and e-mails.
E. The District will notify the Union immediately of each individual selected for recall.
Section 16.8.2 Recall Notification Persons in the recall pool shall be responsible for maintaining their current address and telephone number with the Human Resource office. Section 16.9 Transfers Transfers are of two types: voluntary and involuntary. In cases where bargaining unit members volunteer for a transfer they will lose their current building/workgroup seniority from which they are transferred and start a new seniority at their new building or workgroup. Those bargaining unit members who are involuntarily transferred will retain their former building/workgroup seniority and carry it with them to the new building or workgroup.
ARTICLE 17
Conditions of the Agreement Section 17.1 Waiver and Complete Agreement The parties acknowledge that during the negotiations resulting in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any and all subjects or matters not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties are set forth in this Agreement. The Union voluntarily and unqualifiedly waives the right, and agrees that the Employer shall not be obligated, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Agreement constitutes the entire Agreement between the parties and concludes collective bargaining for its term; subject only to the mutual written agreement of both parties to amend or supplement it at any time.
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Section 17.2 Severability In the event that any provision of this Agreement shall, at any time, be declared invalid by any court of competent jurisdiction or through government regulation or decree, such decision shall not invalidate the entire Agreement, it being the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect. Section 17.3 Duration This Agreement shall become effective on August 16, 2008 and shall continue in full force and effect through August 15, 20121. Not less than sixty (60) days prior to August 15, 20121, either party may give notice to the other party of its desire to modify this Agreement. After receipt of such notice, negotiations shall commence. Section 17.4 Conformity to Law Section 17.4.1 This Agreement will be governed and construed according to the Constitution and laws of the State of Washington and Federal law and regulation. If any provision of this Agreement, or any application of this Agreement to any employee or groups of employees covered hereby will be found contrary to law by a tribunal of competent jurisdiction, such provisions or application will have effect only to the extent permitted by law, and all other provisions or applications of this Agreement will continue in full force and effect. Section 17.4.2 If any provision of this Agreement is found to be contrary to law, the Board and Union agree to commence bargaining on such provision as soon as reasonably possible.
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SERVICE EMPLOYEES INTERNATIONAL LAKE WASHINGTON SCHOOL DISTRICT UNION LOCAL 925 No. 414 BOARD OF DIRECTORS _____________________________ ______________________________ Date Date By __________________________ By ____________________________ K-12 Division Director Board Chairperson By __________________________ By _____________________________ By __________________________ By _____________________________ By ___________________________ By ___________________________ By ___________________________ By ___________________________
By ___________________________ By ___________________________
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Appendix A SEIU MEMBERSHIP CARD
Membership Card and Authorization for Payroll Deduction I hereby request and accept membership in SEIU Local 925 and authorize my employer to deduct the correct amount of dues and
fees and remit such dues to the Secretary-Treasurer of SEIU Local 925. Today’s Date______________
Signature_____________________________Employer__________________________________Hire Date_________________
Print Name_______________________________ EID# __________________________SSN#___________________________
Home Address_________________________________________ City ______________________ State______ Zip__________
Home Phone__________________________________________ Home Email________________________________________
Work Phone___________________________________________Work Email_________________________________________
Job Title_____________________________Job Class Code__________Hours per Week ________Wages per Hour__________
Mail Box# (if applicable)_____________________Dept __________________________________________________________
Work Location (Bldg/ Floor/ Room #)_________________________________________________________________________
Work Street Address (if applicable)______________________________City___________________State______Zip__________
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Are you a Registered Voter? YES____ NO____
If you are not a registered voter, would you like us to send you a Voter Registration Form? YES____ NO____
I am interested in learning and doing more for my Union. Let me know about:
____ Being a Steward ____ Lobbying/Political Work
____ Being a Union Contact for your Area ____ Organizing
Questions? Call 206-322-3010 or 1-866-SEIU925 (1-866-734-8925). If you move to a position out of the bargaining unit, you
must notify your Payroll Office in writing to stop your payroll deduction (and copy our office as well). Dues, fees and
assessments to this organization are not deductible as charitable contributions for federal income tax purposes. Dues paid to this
organization, however, may qualify as business expenses and may be deductible in limited circumstances subject to various
restrictions imposed by the Internal Revenue code.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Voluntary Contribution for SEIU COPE (Committee on Political Education)
COPE is the vehicle within our parent union, Service Employees International Union (SEIU), by which union members affect
laws that impact our lives. The focus of COPE and our local political action work is electing reasonable people to executive and
legislative offices who will stand up for working people. Your involvement and contribution are essential in making this an
effective program.
I hereby authorize SEIU Local 925 to file this payroll deduction with my Employer and for my Employer to forward the amount
specified below to SEIU COPE. This authorization is made voluntarily, based on my specific understanding that: 1. The signing
of this form and the making of voluntary contributions are not conditions of my employment by my Employer or membership in
the Union; 2. I may refuse to contribute without any reprisal at any time; 3. Only union members and executive/administrative
union staff who are U.S. citizens or lawful permanent residents are eligible to contribute to SEIU COPE; 4. The amounts below
are merely a suggestion, and that I may contribute more or less by some other means without fear of favor or disadvantage from
the Union or my Employer; 5. SEIU COPE uses the money it receives for political purposes, including but not limited to making
contributions and expenditures in connection with federal, state and local elections and addressing political issues of public
importance. This authorization shall remain in full force and effect until revoked in writing by me. Contributions to SEIU COPE
are not deductible for federal income tax purposes.
I authorize my employer to withhold (circle one) $10 $7 $5 per paycheck subject to the terms set forth above. By my signature I
state that I have reviewed and agree with the terms set forth above.
Signature ______________________________________________ Date ____________________________________
Print Name _____________________________________________ SSN ____________________________________
Do not write in this space
Effective Date:_______________
Date Sent to ER:______________
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Appendix B WAGE SCHEDULE
Rates Effective August 16, 201108 - August 15, 2009 (Includes 4.4% State COLA plus an additional 1% by the District)
Position Title Position Code Salary Step
Head Start Assistant Teacher 13.77 A
15.31 B
Head Start/Ready Start Teacher 20.11 A
22.46 B
Family Support Specialist 22.89 A
24.58 B
Position Title Position Code Salary Step
Instructional Assistant PXIA 12.69 12.95
A
PXIB 13.14 13.40
B
PXIC 13.80 14.08
C
PXID 15.34 15.64
D
Placement on each step will be determined per section 14.2.
Position Title Position Code Salary
Technical Support Specialist P5SD 21.53
Rates effective August 16, 2009 - August 15, 2010 (Includes State COLA plus an additional 1% for Instructional Assistants only) Rates effective August 16, 2010 - August 15, 2011 (Includes State COLA plus an additional 1% for Instructional Assistants only)
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APPENDIX C
INSTRUCTIONAL ASSISTANT INITIAL ASSIGNMENT
PREFERENCE FORM for
200_/__ SCHOOL YEAR Name:_________________________ Years of Building Seniority ______ Current Number of Hours: ________________ Current Assignments: ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ Preferred Number of Hours: ________________ Preferred Assignments: ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ As per Section 16.5 of the negotiated agreement, principals/program managers will make assignments for the coming school year taking into account the preferences and building/workgroups seniority of the Instructional Assistants, qualifications and program needs. ______________________________________ ________________________ Employee Signature Date
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APPENDIX D
SEIU RECALL FORM
Section 16.8 Name: ____________________________________ Address: _____________________________________________________________________ (Street Address and PO Box, if applicable) City: ___________________________________ State: ________ Zip Code: _____________ Phone: _________________________ Alternate Contact Name: ___________________________________ Phone: _____________ Current Job Classification/Workgroup: _____________________________________________ Please check the geographic regions that you would accept for recall:
Juanita Region Lake Washington Region Redmond Region Eastlake Region
Per Section 16.8.1 of the negotiated agreement, employees who have been laid off will be placed in the recall pool. Employees are required to notify the District (Human Resources) of any changes in contact information if an employee is absent more than five (5) calendar days. ________________________________________________ ________________________ Employee Signature Date
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APPENDIX E
Letter of Understanding Between Service Employees International Union Local #925
and Lake Washington School District No. 414 Re: Educational Compensation Program
August 16, 2008 – August 15, 2011
The District and the Union agree to continue the Educational Compensation Program
which provides for opportunities for the professional and personal development of
employees covered by this agreement. The goals of this program continue to be the
following: (1) provides opportunities for the professional and personal development of
the employee; and (2) results in benefits valuable to the District. The District further
agrees to provide $20,000 for this program in each year. A joint committee made up of
an equal number of District and union representatives shall determine the use of these
funds.
For the Union For the District
_____________________ _______________________ Tyler Bass Patricia Fowler-Fung
_____________________ _______________________ Date Date
INTERDISTRICT COOPERATIVE AGREEMENT SHARED VISION SPECIALIST
KENT SCHOOL DISTRICT, 2011-2012
August 8, 2011
SITUATION School districts find that it is fiscally prudent to combine resources to employ a Vision Specialist, who would service both school districts – Kent and Lake Washington. The Lake Washington School District is agreeing to share a Vision Specialist for one day per week with Kent School District. The Vision Specialist will remain a Lake Washington School District employee. Kent School District will be billed for the services provided by the Vision Specialist. RECOMMENDATION The Board of Directors authorizes the superintendent to enter into an Interdistrict Cooperative Agreement with Kent School District to provide a Vision Specialist for one day per week for the 2011-2012 school year.
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INTERLOCAL AGREEMENT FOR VISION SERVICES FOR THE 2011-2012 SCHOOL YEAR
BETWEEN KENT SCHOOL DISTRICT
(Hereinafter referred to as the Kent School District)
And
LAKE WASHINGTON SCHOOL DISTRICT
P.O. BOX 97039 REDMOND, WA 98073-9739
425-936-1200 (Hereinafter referred to as LWSD)
THIS AGREEMENT is by and between the Kent and Lake Washington School Districts, both municipal corporations. WHEREAS, the School Districts find that it is fiscally prudent to combine resources to employ a Vision Specialist, who would serve both School Districts. NOW THEREFORE, under the authority of chapter 39.34 RCW the School Districts do covenant and agree as follows:
I. PURPOSE: The Lake Washington School District and Kent School District wish to share the cost of employing a .8 FTE Vision Specialist.
II. DURATION: This Agreement shall be in force starting September 6, 2011 through June 22, 2012. Either party may cancel this agreement with a thirty (30) day written notice.
III. DESCRIPTION OF WORK: The Vision Specialist shall be a Lake Washington School District employee but will work under the direction and shall provide services to Kent School District one day per week (7 hours of service time) for the 2011-2012 school year. The specialist shall travel to the Kent School District to provide such services.
IV. FINANCING: Services performed shall be for a maximum average of one day (7 hours of service time) per week at the rate of approximately $70 per hour. Specialist shall be compensated for mileage to the work sites at Kent School District at the current IRS published mileage rate. Lake Washington School District shall reimburse the Vision Specialist for mileage. Lake Washington School District shall invoice Kent School District for services and mileage on a quarterly basis. Payment shall be made within thirty (30) days of receipt of quarterly statement.
V. TERMS AND CONDITIONS: a. The Vision Specialist shall be the employee of the Lake Washington School
District. Lake Washington School District shall determine, in its sole discretion, whether to non-renew any contract for any given year.
b. The Vision Specialist shall provide services to Kent School District as directed by the Kent School District staff for one day per week.
c. The Vision Specialist shall meet all requirements for employment in a school district, including criminal back ground check, and shall possess a valid teaching certificate per RCW 28A410.025. Lake Washington School District shall be responsible for verifying this information.
d. Kent School District shall defend, indemnify, and hold harmless the Lake Washington School District from all claims for damages, including attorney fees, arising out of the Vision Specialist’s performance of duties at Kent School District.
e. Lake Washington School District shall be responsible for evaluating the performance of the Vision Specialist. Kent School District shall provide input in the evaluation process if requested.
f. Any disagreement or disputes between the School Districts arising from this Agreement shall be subject to mediation as a condition precedent to litigation. Such mediation shall be before one disinterested mediator chosen by the parties. Each School District shall be responsible for its own costs and fees. The mediator’s fees and expenses shall be divided equally between the School Districts. If the parties do not resolve the dispute through mediation, either party may file for litigation in the Superior Court for King County.
FOR: Kent School District FOR: Lake Washington School District ______________________________ ________________________________ Edward Vargas, Superintendent Chip Kimball, Superintendent ________________________________ ________________________________ Date Date
INTERDISTRICT COOPERATIVE AGREEMENT, EDMONDS SCHOOL DISTRICT,
SERVICES FOR STUDENTS WITH DISABILITIES, 2011-2016
August 8, 2011
SITUATION School districts work cooperatively to provide educational programs for students with disabilities when it is not programmatically or cost effective to provide such programs as individual districts. This is year one of a five year agreement. The Lake Washington School District is planning to send five (5) students to Edmonds School District for the deaf and hard of hearing special education services. Lake Washington School District is unable to provide this specialized program for the students. RECOMMENDATION The Board of Directors authorizes the Superintendent to enter into a five-year Interdistrict Cooperative Agreement, 2011-2016, with Edmonds School District to provide educational services for students with disabilities.
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INTERDISTRICT COOPERATIVE AGREEMENT, SNOHOMISH SCHOOL DISTRICT,
SERVICES FOR STUDENTS WITH DISABILITIES, 2011-2012
August 8, 2011
SITUATION School districts work cooperatively together to provide educational programs for students with disabilities when it is not programmatically or cost effective to provide such programs as individual districts. At this time the Lake Washington School District will be sending three (3) students to Snohomish School District for the deaf and hard of hearing special education services. Lake Washington School District is unable to provide this specialized program for the students. RECOMMENDATION The Board of Directors authorizes the Superintendent to enter into an Interdistrict Cooperative Agreement with Snohomish School District to provide to provide educational services for students with disabilities for 2011-12.
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INTERLOCAL COOPERATIVE AGREEMENT NORTHWEST REGIONAL LEARNING CENTER COOPERATIVE
SERVICES FOR STUDENTS WITH DISABLITIES, 2011-2012
August 8, 2011
SITUATION School districts in Washington have requested that Northwest Educational Service District provide special education services for their students. RCW 39.34 and RCW 28A.310.180 authorize school districts and educational service districts to join together to provide cooperative special education services. Northwest Educational Service District created the Northwest Regional Learning Center Cooperative Agreement to provide special education services to school districts. The Lake Washington School District will be placing one (1) special education student in the Northwest Regional Learning Center Cooperative for the 2011-2012 school year. Lake Washington School District is unable to provide this specialized program for the students. RECOMMENDATION The Board of Directors authorizes the Superintendent to enter into an Interlocal Cooperative Agreement with Northwest Regional Learning Center to provide to provide educational services for students with disabilities for 2011-12.
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NORTHWEST REGIONAL LEARNING CENTER INTERLOCAL COOPERATIVE AGREEMENT
I. INTRODUCTION
WHEREAS, legislatively approved staffing ratios preclude the resident districts from generating sufficient staff to meet the needs of students with disabilities;
WHEREAS, cooperative student enrollments provide a more efficient and economical basis for managing and implementing special education programs;
WHEREAS, districts have chosen to avoid unnecessary duplication of unusually expensive programs and rather choose to try to free up resources to provide educational programs not otherwise available;
WHEREAS, Northwest Educational Service District 189 (herein also referred to as "NWESD") has historically provided special education services on a cooperative basis;
WHEREAS, various school districts (hereinafter referred to as "Districts") in Washington have requested that NWESD provide special education services for their students; and,
WHEREAS, RCW 39.34, RCW 28A.310.180, RCW 28A.310.010 and RCW 28A.310.340, authorize the school districts and educational service districts to join together to engage in various activities, including having the educational service district provide cooperative special education services.
NOW THEREFORE, a cooperative is hereby created wherein NWESD will provide special education services to the Districts which are signatories to this Interlocal Cooperative Agreement (herein referred to as “Agreement”), according to the terms and conditions contained herein.
II. NAME/PURPOSE
The name given to this cooperative is Northwest Regional Learning Center. The general purpose of this Agreement, as authorized by the aforementioned statutes and/or other applicable laws, is the formation of a cooperative to provide a continuum of services to students whose unique educational needs cannot be met within the resident school district, but who have been screened and meet the established parameters for enrollment in the Cooperative.
III. MEMBERSHIP
Membership in this cooperative requires all members to sign this Agreement. “District” shall hereafter refer to districts that have signed the Agreement for the 2011-12 program year and agree to be financially responsible as a cooperative member for the program costs.
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IV. FINANCING/COSTS/RATES
The students served by this program are residents of their respective District, and accordingly, it is acknowledged that each District retains the responsibility to provide an appropriate public education for them. Each District participating in this cooperative commits to pay to NWESD an amount sufficient to reimburse NWESD the total cost of operating this cooperative based on the number of FTE student slots identified in Appendix A. This will be done in the following fashion:
A. By March 15, 2012, and every March 15 thereafter for following program years, Districts will be asked to identify the number of FTE student slot commitments for the next school year. The program budget will be developed based on this information and will include indirect costs. Such budget will annually be submitted to the Advisory Council.
B. Member District slot commitments will be established as per Agreement. Districts will be billed a per-student amount to cover basic program costs, based on the number of FTE student slot commitments. The per-slot amount is established at $24,120 per FTE for the 2011-12 program year, or $134 per day, based on a total of 32 slots. In addition, each District commits to pay an additional ten (10) percent “late-comer” fee per billable day if this Agreement is signed after May 1st of the program year. Upon signing this Agreement, each District commits to purchase the number of slots listed on Appendix A and agrees to pay the listed amount per slot, whether used or not. At the end of the program year, the estimated per-slot cost will be compared to actual costs, and any difference will be billed or credited as appropriate per Advisory Council agreement. Any District may request to release slots to the cooperative, and upon approval of Advisory Council, may be relieved of their commitment for the school year.
C. Program slot commitments will be invoiced on a full-time basis for all cooperative students. Less than full-time participation will not constitute a reduction in billing. It is understood that part-time and/or transition services continue to require an enriched level of staff involvement.
D. In the event participation in the program is significantly below projections as identified in paragraph A above, the Advisory Council will be convened by November 10 to consider modifying the agreement outlined in paragraph B above.
V. ADVISORY COUNCIL
An Advisory Council consisting of the superintendent of each participating District, or his/her designee, is hereby created. The purpose of such Advisory Council is to monitor the performance of this Agreement, amend this Agreement (with concurrence of all parties affected), and terminate this Agreement as provided in Section X. Additionally, the Advisory Council will be responsible for making recommendations to NWESD regarding
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policies unique to the operation of the Cooperative and recommending modifications to the program budget should student enrollment fall significantly below projections.
Activities of the Advisory Council shall take place as needed, called by a majority of its members or by the Superintendent of NWESD, or his/her designee. Decisions by the Advisory Council will be made by a vote of greater than fifty percent (50%) of a quorum. A quorum is defined as follows; at least fifty percent (50%) of the representatives appointed to the Advisory Council. Participation may occur via technological participation, including email providing at least seven calendar days prior written notice was provided to each District superintendent or designee.
VI. RIGHTS AND OBLIGATIONS OF NWESD
In accordance with this Agreement, NWESD shall:
A. Operate a self-contained education program for students with disabilities who manifest severe behavior challenges.
B. Recruit, employ, and supervise staff required to adequately operate the program. All staff for the cooperative shall be employed by NWESD and shall be subject to the policies and rules and regulations of the Board of Directors of NWESD.
C. Contract for staff each year according to the total number of students participating Districts have identified prior to March 15, as identified in Section IV.A. When the number of students enrolled in the program exceeds the level that can be reasonably accommodated by existing staff, additional staff may be hired as necessary.
D. Contract or subcontract with any person or entity to provide services needed to operate the cooperative program.
E. Develop consistent procedures for students entering into and exiting from the cooperative program.
F. Coordinate interdistrict and interagency services and agreements required to implement educational plans and programs, including an Individual Education Program (IEP).
G. Coordinate with District for transportation, supportive services, and emergency services as needed. Related services for students are to be based upon IEP designated needs. These services will be provided and paid for by each student’s resident District, unless it has been agreed upon by the IEP team that it would be more appropriate to offer these services as part of the NRLC program. Student-specific services (1:1 instructional aides, OT, PT, SLP, and other services) that are provided by the cooperative program will be billed as an additional cost (including indirect charges) to the resident District of the student, unless otherwise agreed to in writing.
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H. Coordinate program and resident District personnel in accomplishing assessments,
IEPs (to include resident District participation), and a full continuum of services for students.
I. Coordinate shuttle transportation with each District during the school day between identified learning centers.
VII. RIGHTS AND OBLIGATIONS OF THE DISTRICTS
Each participating District acknowledges that by entering into this Agreement it is causing financial commitments by other parties, and therefore, agrees not to terminate prior to the expiration date without the consent of NWESD and any other party to this Agreement who would thereby suffer financially. In the event of such unilateral termination without consent, the terminating party agrees to indemnify all other parties from any financial loss that results from such termination.
Additionally:
A. The District acknowledges that Chapter 28A.155 RCW, Chapter 392-172A WAC, and Public Law 108-446, including all revisions subsequent and currently enforced, impose responsibilities on each resident District and that those responsibilities are not distinguished by delegation, in part or in total, under this Agreement.
To this extent, it is understood and agreed between the parties hereto that the purpose and intent of this Agreement is that NWESD provide cooperative services for the specialized education program being conducted by the resident District for the students within the District who otherwise qualify for such specialized education services. The resident District shall retain the responsibility and/or agrees to:
1. assure their participating students are receiving an appropriate education;
2. comply with all provisions as requested by Chapter 28A.155 RCW, Chapter 392-172A WAC, and Public Law 108-446 (IDEA), including provisions of assessment and related services; and,
3. incorporate Chapter 392-172A WAC and Public Law 108-446 (IDEA) required policies.
B. The District waives any locally established procurement requirements that are more restrictive than those established by statute for fees/purchases initiated pursuant to this Agreement.
C. The District, by signing this agreement is acknowledging its intent to utilize, at least in part, federal funds for payment of any fees/purchases related to this Agreement, unless written notice to the contrary is provided to the NWESD Assistant Superintendent for Finance and Compliance. Having received such acknowledgement
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from the District, NWESD will proactively explore and meet any federal procurement requirements.
D. The District may permit NWESD to claim state reimbursement for shuttle transportation services in the event these services are provided by NWESD, and authorized through a predetermined written agreement prior to state claim cut-off date (October 30 at the time of Agreement execution, or any successor date).
E. The District shall be responsible for pupil transportation to and from school.
F. The District shall be responsible for verifying and reporting of P223, P223H, and Federal Child Count to the Office of Superintendent of Public Instruction (OSPI) directly.
VIII. DISPUTE RESOLUTION
Disputes arising out of this Agreement, excluding indirect and administration costs, shall be resolved in the following fashion:
A. If the dispute is between participating districts, then the disputing parties will present their arguments first to the Director of Special Programs and Services of NWESD to make a determination. If need be, it may then be referred to the Superintendent of NWESD.
B. If the dispute is between one or more participating District(s) and NWESD, then each participating District will appoint someone to represent it, NWESD will appoint someone to represent it, and those parties will appoint someone as a neutral representative. This panel's decisions will be limited to the provisions of this Agreement, be determined by a majority vote, and be binding on the parties.
IX. SUSPENSION AND DISBARMENT
The parties to the Agreement certify, and each relies thereon in execution of this Agreement, that their entity nor its Principals are presently debarred, suspended, proposed for debarment, or declared ineligible, or voluntarily excluded for the award of contracts by any Federal governmental agency or department. “Principals”, for the purposes of this certification, mean officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of subsidiary, division, or business segment; and similar positions). Further, each party agrees to provide the other(s) immediate written notice if, at any time during the term of this Agreement, including any renewals hereof, it learns that its certification was erroneous when made or has become erroneous by reason of changed circumstances. Each party's certification via the execution of this Agreement is a material representation of fact upon which each party has relied in entering into this Agreement. Should either party determine, at any time during this Agreement, including any renewals
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hereof, that this certification is false, or should it become false due to changed circumstances, it may terminate this Agreement in accordance with the terms and conditions therein.
X. TERMS OF AGREEMENT/TERMINATION
For any individual District, this Agreement begins and end with the 2011-12 school year and may be modified or terminated only upon recommendation by Advisory Council as per Section V, and fully executed by NWESD and each District, specifying conditions and date of modification/termination.
The Advisory Council can vote, by a majority of a quorum (defined in Section V), to discontinue operating the cooperative program, with said discontinuance to be effective August 31 of the year of the decision; however, no termination decision can be made later than April 1 before the date of termination.
XI. DISTRIBUTION OF ASSETS ON TERMINATION/DISSOLUTION
The Cooperative may receive gifts, cash, equipment, or services from any source contingent upon acceptance by the Advisory Council and consistent with NWESD policy and procedures. All assets acquired by NWESD and placed in service for the cooperative during this Agreement shall remain the property of NWESD. Any asset acquired by a resident District and used in the program, because a program component is situated within the resident District, will remain the property of the individual District. Should the program be dissolved, the NWESD shall prepare a list of all assets, including any fund balances, and make recommendations to the superintendents of member districts for disbursement.
XII. ASSIGNMENT/WAIVER/SEVERABILITY
No rights or responsibilities required or authorized by this Agreement can be assigned by any party hereto unless otherwise allowed in this Agreement.
No provision of this Agreement, or the right to receive reasonable performance or any act called for by its terms, shall be deemed waived by a breach thereof as to a particular transaction or occurrence.
If any term or condition of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this Agreement are declared severable.
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XIII. HEADINGS/SIGNATURES/APPROVAL
The headings of each section of this Agreement are only provided for the aid to the reader. If there is any inconsistency between the heading and the context, the context will prevail.
By signing this Agreement, the parties acknowledge that they have read and understand this Agreement, including any supplements or attachments thereto, and do agree thereto in every particular. The parties further agree that this Agreement, together with any appendices, constitutes the entire Agreement between the parties and supersedes all communications, written or oral, heretofore related to the subject matter of this agreement.
By signing below, each party affirms that this Agreement has been approved by his/her Board of Directors or he/she has been given authority by such Board to enter into this Agreement. If this approval is provided through a resolution, a copy of said resolution will be attached hereto.
Gerald W. Jenkins, Superintendent Date Superintendent Date
Northwest Educational Service District 189 School District
Skagit County, Washington County, Washington
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APPENDIX A
Attachment for Northwest Regional Learning Center Interlocal Agreement
Slots with projected cost per slot for 2011-12 program year:
Districts Number of
Slots Cost Per
Slot Total for 2010/11
Arlington 1 $ 24,120 $ 24,120
Edmonds 4 $ 24,120 $ 96,480
Everett 10 $ 24,120 $ 241,200
Lake Stevens 4 $ 24,120 $ 96,480
Lake Washington 1 $ 24,120 $ 24,120
Marysville 8 $ 24,120 $ 192,960
Mukilteo 2 $ 24,120 $ 48,240
Snohomish 3 $ 24,120 $ 72,360
33 Total $ 795,960
Districts not listed above will be considered late-comers; the 2011-12 daily rate including the 10% surcharge is $147.40 per student for all students enrolled in “late-comer” Districts.