2005-2006 Contract

 

      CHANGES IN THE COLLECTIVE

       BARGAINING AGREEMENT FOR

     THE 2005-06 SCHOOL YEAR

 

AGREEMENT

between the

SCHOOL DISTRICT OF THE CITY OF DETROIT

and the

DETROIT FEDERATION OF TEACHERS
LOCAL 231

American Federation of Teachers, AFL-CIO

July 1, 2002 — June 30, 2005

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Jointly published by the SCHOOL DISTRICT OF THE CITY OF DETROIT

Detroit Public Schools Center

5057 Woodward Avenue

Detroit, Michigan 48202

Phone (313) 494-1000

and the

DETROIT FEDERATION OF TEACHERS
LOCAL 231

7451 Third Avenue

Detroit, Michigan 48202

Phone (313) 875-3500

American Federation of Teachers, AFL-CIO

July 1, 2002 — June 30, 2005

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TABLE OF CONTENTS

PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

I. RECOGNITION; DEFINITIONS; UNION

MEMBERSHIP DUES OR AGENCY SHOP

SERVICE FEES; POLITICAL ACTION

DEDUCTIONS; OTHER ORGANIZATIONS;

STRIKE PROHIBITION . . . . . . . . . . . . . . . . . . . . . . . . 2

II. FAIR PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

III. QUALITY INTEGRATED EDUCATION . . . . . . . . . . 5

Textbook and Curriculum Improvement,

Staff Integration; Test Revision; Pupil

Integration; Integration and Desegregation

IV. SALARY SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . 7

V. ORGANIZATION OF SCHOOL CALENDAR . . . . . . 8

A. Length of School Year . . . . . . . . . . . . . . . . . . . . . . . 8

B. End of Semester Schedule . . . . . . . . . . . . . . . . . . . . 9

C. Kindergarten Schedule . . . . . . . . . . . . . . . . . . . . . . . 9

D. Emergency Weather Conditions . . . . . . . . . . . . . . . . 9

E. Emergency Closing and Security . . . . . . . . . . . . . . . 9

F. Observance of Religious Holidays . . . . . . . . . . . . . 10

G. State Mandated Hours of Instruction . . . . . . . . . . . . 10

H. Professional Development . . . . . . . . . . . . . . . . . . . . 10

VI. CLASS SIZE LIMITATION . . . . . . . . . . . . . . . . . . . . . 11

A. Regular Classes — Maximums . . . . . . . . . . . . . . . . 11

K-5 @ 30; 6-12 @ 35; Exceptions;

Population Shifts; Split Classes;

Reorganizing

B. Class Size Review Board . . . . . . . . . . . . . . . . . . . . . 12

Selection; Powers; Reducing Class Size;

Abbreviated Time Limits

C. Class Size Reduction Process . . . . . . . . . . . . . . . . . 13

D. Compensation for Oversized Classes . . . . . . . . . . . 14

E. Special Education . . . . . . . . . . . . . . . . . . . . . . . . . . 15

F. Mainstreamed Students . . . . . . . . . . . . . . . . . . . . . . 15

G. Counseling Loads . . . . . . . . . . . . . . . . . . . . . . . . . . 15

H. Teacher Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

VII. SCHOOL DAY

A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

B. Teachers’ Meetings . . . . . . . . . . . . . . . . . . . . . . . . . 16

C. Clock Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

D. Program Assignments . . . . . . . . . . . . . . . . . . . . . . . 17

E. Classroom Teaching Periods . . . . . . . . . . . . . . . . . . 18

F. Interruptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

G. Lunch Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

H. Relief From Non-Teaching Chores . . . . . . . . . . . . . 22

I. Duty Release for Building Representative . . . . . . . . 22

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TABLE OF CONTENTS (Continued)

VIII. DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

A. . . . procedure within each unit . . . . . . . . . . . . . . . . . 23

B. . . . administrative backing . . . . . . . . . . . . . . . . . . . . 23

C. . . . a child causing disruption . . . . . . . . . . . . . . . . . 23

D. . . . courses of action . . . . . . . . . . . . . . . . . . . . . . . . 23

E. Examples of Offenses (Exclude) . . . . . . . . . . . . . . . 24

F. Examples of Offenses (Police) . . . . . . . . . . . . . . . . 24

G. . . . suspension may result . . . . . . . . . . . . . . . . . . . . 24

H. . . . counselor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

I. . . . record of discipline cases . . . . . . . . . . . . . . . . . . 24

J. . . . principal support . . . . . . . . . . . . . . . . . . . . . . . . 24

K. . . . cases of assault . . . . . . . . . . . . . . . . . . . . . . . . . . 24

L. . . . a child who assaults, parent/guardian

who assaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

M. . . . disciplinary techniques . . . . . . . . . . . . . . . . . . . 25

N. Uniform Code Review Com. (UCRC) . . . . . . . . . . . 25

IX. PUPILS’ REPORT CARD MARKS . . . . . . . . . . . . . . . 26

Grade Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

X. PARENT-TEACHER CONFERENCES . . . . . . . . . . . . 28

XI. SCHOOL COMMITTEES . . . . . . . . . . . . . . . . . . . . . . . 29

XII. PERSONNEL ASSIGNMENTS . . . . . . . . . . . . . . . . . . 30

A. Balanced Staff Concept . . . . . . . . . . . . . . . . . . . . . . 30

B. Assignment of Teachers . . . . . . . . . . . . . . . . . . . . . . 30

C. Promotion Policies Affecting Teachers . . . . . . . . . . 30

D. Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

E. Transfer of Teachers . . . . . . . . . . . . . . . . . . . . . . . . . 31

F. Transfer Review Board . . . . . . . . . . . . . . . . . . . . . . 35

G. Teacher Layoff and Recall . . . . . . . . . . . . . . . . . . . . 35

H. Unemployment Compensation . . . . . . . . . . . . . . . . 38

I. Layoff and Recall of other Bargaining

Unit Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

J. Adult Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

K. Summer, Night School Assignments . . . . . . . . . . . . 39

L. After School Teacher Assignments . . . . . . . . . . . . . 40

M. Procedure . . . Summer School . . . . . . . . . . . . . . . . 40

N. Procedure for Assignment of Non-Public

Site Teacher Personnel . . . . . . . . . . . . . . . . . . . . . . . 41

XIII. RECORDS AND FILES . . . . . . . . . . . . . . . . . . . . . . . . 41

REMOVAL OF REPRIMANDS

SPECIAL COMPLAINTS;

TENURE; COMPETENCE;

RATING AND DISCIPLINARY ACTION;

DISCHARGE OR DISCIPLINE;

EVALUATION; RESIDENCY

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TABLE OF CONTENTS (Continued)

XIV. SUBSTITUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

ES Progression to Contract; Provision of Substitutes;

Accumulation of Sick Leave — ESRPs; Distribution

of Substitutes; Resource Teachers and Other

Substitutes; Student Teachers; Substitute Calls

XV. LLI (Limited License to Instruct) . . . . . . . . . . . . . . . . . 49

XVI. LEAVE POLICY: TYPES OF LEAVES . . . . . . . . . . . . 51

A. Personal Business Leave Days . . . . . . . . . . . . . . . . 54

B. Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Accumulation rate; Probationary 1 starting

bank; Borrowing; Repayment; School-related

assault; Related court appearances; Childhood

diseases; Retirement allowance

C. Illness Absence — Medical Examinations . . . . . . . 57

D. Appeal of Board Medical Office Decision . . . . . . . 58

E. Absences Chargeable to Sick Leave . . . . . . . . . . . . 59

Personal illness; death leave; non-illness absence

F. Sabbatical Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

G. Other Leaves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

H. Return from Leave . . . . . . . . . . . . . . . . . . . . . . . . . . 62

XVII. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Compensable Injuries; Group Insurances

XVIII. RETIREMENT CONTRIBUTION . . . . . . . . . . . . . . . . 65

XIX. IMPROVEMENT OF PROGRAM . . . . . . . . . . . . . . . . 65

A. School Organizational Plans . . . . . . . . . . . . . . . . . . 65

B. Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

C. Handicapped Children . . . . . . . . . . . . . . . . . . . . . . . 66

D. Summer School Programs . . . . . . . . . . . . . . . . . . . . 66

E. Provision of Materials . . . . . . . . . . . . . . . . . . . . . . . 66

F. Revision of Materials List . . . . . . . . . . . . . . . . . . . . 67

G. In-Service Training . . . . . . . . . . . . . . . . . . . . . . . . . 68

H. Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

I. Textbooks, Curriculum Guide and

Records Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

J. Tuition Reimbursement . . . . . . . . . . . . . . . . . . . . . . 69

K. Tuition-A.A.O. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

L. Marketing Education Co-ordinators . . . . . . . . . . . . 70

M. Librarians . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

N. Television Teaching . . . . . . . . . . . . . . . . . . . . . . . . . 71

XX. IMPROVEMENT OF FACILITIES . . . . . . . . . . . . . . . 71

Teacher use facilities; high school teacher desks;

privacy and supportive personnel; upgraded

buildings; communication with portable;

staplers, etc.; parking facilities

XXI. PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

Care; Personal Loss

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TABLE OF CONTENTS (Continued)

XXII. MEETINGS ON POLICY MATTERS . . . . . . . . . . . . . 72

XXIII. GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . 73

XXIX. UNION ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . 75

A. Union Representatives; School-Union

Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

B. Recognition of Authority by Principal . . . . . . . . . . . 75

C. Bulletin Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

D. Mail Boxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

E. Pickup Stop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

F. Union Meetings in the Building . . . . . . . . . . . . . . . 75

G. Right of Union to Visit Schools . . . . . . . . . . . . . . . . 75

H. . . . no loss in pay for meetings . . . . . . . . . . . . . . . . 76

I. Special Committees . . . . . . . . . . . . . . . . . . . . . . . . . 76

J. Area Advisory Committees . . . . . . . . . . . . . . . . . . . 76

K. Union Released Time . . . . . . . . . . . . . . . . . . . . . . . . 76

XXV. INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

XXVI. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

Subject to Laws; Changes in working

conditions; Exclusiveness of Union as Agent

XXVII. DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

APPENDIXES

A. SALARY SCHEDULES AND

FORMULAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

Re-employment; Outside Teaching Experience;

Differentials, Annual Salary; Master; . . . plus 30

Hours; Salary Variations; Longevity; Substitutes

B. OTHER SALARY SCHEDULES AND

FORMULAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

Summer, Hourly; Workshops; Counselors;

Accompanists; Registered Nurses; J.R.O.T.C.;

Athletic Program

C. ATTENDANCE INCENTIVES . . . . . . . . . . . . . . . 95

D. MATERNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

E. PROFESSIONAL DEVELOPMENT . . . . . . . . . . . 98

F. TEACHER PROFESSIONALISM AND

SCHOOL GOVERNANCE . . . . . . . . . . . . . . . . . . . 99

Empowerment/School-Based Management;

Career Opportunity; Teacher Mentor Program;

Peer Review and Support; In-service/Orientation

for First-Year Teachers

G. SCHOOL CALENDAR . . . . . . . . . . . . . . . . . . . . . 102

H. DFT INSURANCE ADDENDA . . . . . . . . . . . . . . . 107

Health Insurance; Dental Insurance

I. OFFICIALLY DESIGNATED INDUSTRIAL

CLINICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

J. RECONSTITUTION OF STAFFS . . . . . . . . . . . . . 110

WAGE AND BENEFITS GUIDE FOR

DFT BARGAINING UNIT . . . . . . . . . . . . . . . . . . 111

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LETTERS OF UNDERSTANDING

A.A.O. Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115

Appointment of Hourly Teachers in Alternative

Education Programs to Contract Positions . . . . . . . . . . . . . . . . 116

Lump Sum Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

Add-Ons Covered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

Commitment to the Principals of Low Performing Schools . . . . . . 119

Reconstitution of Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

Review of Health Care Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Conditions of Work for Retired Teachers . . . . . . . . . . . . . . . . . . . . 122

Job Sharing: Student Teaching for ESRP’s

Tuition Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

Teacher Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124

Essential Paperwork . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

Supplies and Textbooks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126

Direct Deposit/Frequency of Pay . . . . . . . . . . . . . . . . . . . . . . . . . . 127

Student Code of Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

Class Size Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

Instructional Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

Elementary Preparation Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

Annual Incentive Bonus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132

High School — 6th Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

Pay Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

Parent Teacher Conference Compensatory Time . . . . . . . . . . . . . . 135

Reclassification to DFT Bargaining Unit . . . . . . . . . . . . . . . . . . . . 136

Limited License to Instruct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

JROTC Instructors and Assistant Instructors . . . . . . . . . . . . . . . . . . 140

Annual Transfer Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142

Critical Shortage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143

Pay Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

Out of Compliance Schools (Hours of Instruction) . . . . . . . . . . . . 146

Clarification of Charges to Sick Bank When School is Closed . . . 147

Annual Increments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

Limited License/Transition Instructor . . . . . . . . . . . . . . . . . . . . . . . 149

Part-Time/Shared Time Positions . . . . . . . . . . . . . . . . . . . . . . . . . . 152

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AGREEMENT

between the SCHOOL DISTRICT OF THE CITY OF DETROIT and the

DETROIT FEDERATION OF TEACHERS

LOCAL 231. AFT    AFL-CIO

PREAMBLE

Agreement made effective July 1, 2002, by and between THE SCHOOL DISTRICT OF THE CITY OF DETROIT, hereinafter called "the District," and the DETROIT FEDERATION OF TEACHERS,

affiliated with the MICHIGAN FEDERATION OF TEACHERS and

the AMERICAN FEDERATION OF TEACHERS, AFL-CIO, hereinafter

called "the Union."

The District shall be considered the employer for all contractual and statutory purposes.

WHEREAS, the District and the Union believe in the importance of schools as an agency for the preservation and extension of our democracy; and

WHEREAS, the parties to this Agreement have a common goal of providing the best possible education for all children; and

WHEREAS, the District and the Union are mutually committed to the human rights and dignities of all, and to policies and programs of racial integration and desegregation as being necessary to good education, good management and good government; and

WHEREAS, the parties to this Agreement are mutually committed to the necessity of equal educational opportunity for all pupils of the Detroit Public School System with no exclusion from any program on the basis of race, religion, creed, social or economic status; and

WHEREAS, it is the mutual responsibility of all members of the Detroit Public School System to insure that good order and discipline are maintained throughout the System and that the classroom teacher is fully supported in all reasonable measures taken by him/her to maintain and effectuate good order and discipline in his/her classroom; and

WHEREAS, the success of the Detroit educational program is dependent upon the knowledge, skill and creative ability of teachers; and

WHEREAS, the Federation recognizes that the basic responsibility of each teacher is to use his/her skill and expertise in the most effective manner to improve the quality of education offered by the Detroit Public Schools; and

WHEREAS, to obtain this goal it is imperative that there be understanding and cooperation between the teachers in the classroom and the District which is responsible for the operation of the school system; and

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WHEREAS, the parties to this Agreement believe that the best interests of public education will be served by established procedures for bargaining with teacher representatives on matters of common concern and for providing orderly channels for appeals should any differences not be resolved; and

WHEREAS, the Union has been duly elected by a majority of teachers as the exclusive representative of teachers for the purpose of dealing with the District on matters of teacher concern; and

WHEREAS, the laws of the State of Michigan authorize collective bargaining for public employees and authorize public employers to enter into collective bargaining agreements with the representatives of their employees; and

WHEREAS, the parties desire to incorporate their agreements and certain other matters into a formal contract, and believe that such action is in the best interests of community, children, school system and teachers;

THEREFORE, the parties agree as follows:

I. RECOGNITION; DEFINITIONS; UNION MEMBERSHIP DUES OR AGENCY SHOP SERVICE FEES; POLITICAL ACTION DEDUCTIONS; OTHER ORGANIZATIONS;

STRIKE PROHIBITION.

A. Recognition

The District recognizes the Union as the sole and exclusive bargaining representative for all elementary and secondary teachers including but not limited to:

Accompanists

Apprentice Training Teachers

Assistant Attendance Officers

Attendance Agents/Officers

Audiologist B

Auditorium Teachers

Behavioral Specialist

Counselors

Counselors/Teacher Guidance

Day Trade Teachers

Emergency Substitutes

Emergency Substitutes Regular Positions (ESRP)

IEP Specialist

Instructional Specialist

Jr. Communications Assistants

Librarian/Media Specialists

Limited Licensed Instructor

Music Therapists

Occupational Therapists

On-Camera Teachers

Physical Therapists (Physiotherapists)

Psychologists

Regular Emergency Substitutes (RES)

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Registered Nurses (RN)

Resource Teachers

School Community Agents

Senior Teachers

Social Workers

Special Education Teachers/Counselors

Speech/Language Pathologist

Speech Therapists

Staff Development Specialist

Teacher Consultants

Teacher, Retiree

TV Producer-Directors

Work Study Assistants

In addition to the above:

Adult Education Teachers

Compact Technicians

Coordinators (Hourly)

Educational Technicians

JROTC Instructors and Assistant Instructors

Long Term Substitute (LTS)

Non-Public School Teachers

Short Term Substitute (STS)

Social Worker Assistants

Special Instructors

Teachers-In-Charge

Team Leaders MDTA

Vocational Instructors

in regular schools, specially-funded centers or individual locations and

others working at an hourly rate negotiated by the Union whose salary

and fringe benefits are listed in this Agreement.

The Union shall represent probationary Assistant Attendance Officers

(A.A.O.) for the purpose of collective bargaining in respect to rates of

pay, wages, hours of employment and other conditions of employment,

except employees discharged and/or disciplined for other than Union activity.

Dues process rights shall be provided.

B. Definitions

Wherever the term "school" is used it is to include any work location or functional division or group in which a grievance may arise.

Whenever the term "CEO" is used it shall refer to the Chief Executive Officer of the School District of the City of Detroit.

Wherever the term "principal" is used it is to include the administrator of any work location or functional division or group.

Wherever the term "teacher" is used it is to include all members of the bargaining unit except in situations where the reference is in a context which denotes application only to a teaching teacher in a school classroom, e.g., school day, clock hours, program assignment, teaching periods, etc.

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Wherever the singular is used it is to include the plural.

Wherever the term "Federation representative" or "Union representative" is used it is to include the Union building representative or his/her teacher designee or any other representative designated by the Union.

C. Union Membership Dues or Agency Shop Service Fees

1. All employees employed in the bargaining unit, or who become employees in the bargaining unit, who are not already members of the Union, shall, within sixty (60) days of the effective date of this Agreement (as to present employees), or within sixty (60) days of their date of hire (as to future employees), become members, or in the alternative, shall as a continuing condition of employment, pay to the Union each month a service fee in an amount equal to the regular monthly Union membership dues uniformly required of employees of the District who are members of the Union.

2. The District upon receiving a signed statement from the Union indicating that the employee has failed to comply with this condition shall immediately notify said employee that his/her services shall be discontinued at the end of sixty (60) days, and shall dismiss said employee accordingly.

3. An employee who shall tender or authorize the deduction of membership dues (or service fees) uniformly required as a condition of acquiring or obtaining membership in the Union, shall be deemed to meet the conditions of this Article so long as the employee is not more than sixty (60) days in arrears of payment of such dues (or fees).

4. The District shall be notified, in writing, by the Union of any employee who is sixty (60) days in arrears in payment of membership dues (or fees).

5. If any provision of this Article is invalid under Federal or State law, said provision shall be modified to comply with the requirements of said Federal or State law.

6. The Union agrees that in the event of litigation against the District, its agents or employees arising out of this provision, the Union will co-defend and indemnify and hold harmless the District, its agents or employees for any monetary award arising out of such litigation.

7. The District shall deduct from the pay of each employee from whom it receives an authorization to do so the required amount for the payment of Union dues or Agency Shop service fees. Checked-off authorization for Union dues or Agency Shop service fees which were executed prior to the execution of this Agreement shall remain in full force and effect. Checked-off dues or fees, accompanied by a list of employees from whom they have been deducted and the amount deducted from each, and by a list of employees who had authorized such deductions and from whom no deduction was made and the reason therefore shall be forwarded to the Union office no later than thirty (30) days after such deductions were made. Employees who have not authorized checkoff of Union dues or Agency Shop service fees may pay such dues or fees semi-annually, in advance, directly to the Union, not later than thirty (30) days after the employee’s first work day each semester.

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8. The District shall inform all present employees within thirty (30) days of the opening of the school year, and future employees and employees returning from leave within thirty (30) days of hire or return, of their obligations under this section; provided that the failure of the District to so inform shall not be a defense to any employee who has failed to comply with the provisions of this section. The District shall continue to notify the Union of all new hires, and returns from absence or leave, and separations.

D. Political Action Deductions

The District agrees to make payroll deductions available to members of the bargaining unit for the Union’s Political Action Fund under the following conditions: The member’s authorization shall be voluntary. It shall not be a condition of continuing membership or employment. The Union agrees to pay in full all costs related to the implementation and maintenance of the aforementioned payroll deduction. If any provision of this Article is invalid under Federal or State law, said provision shall be modified to comply with the requirements of said Federal or State law.

E. Other Organizations

Teachers have the right to join any teacher organization, but membership in a teacher organization shall not be required as a condition of employment.

F. Strike Prohibition

The Union will not engage in or encourage strike action of any type during the life of this Agreement.

II. FAIR PRACTICES

A. In accord with District policy, no person or persons, departments or divisions responsible to the District shall discriminate against any employee on the basis of race, creed, color, national origin, sex, marital status, or membership in, or association with the activities of, the Union.

B. In accord with its Constitution, the Union will admit persons to membership without discrimination on the basis of race, creed, color, national origin, sex, or marital status.

C. The Union and the District agree to continue to work affirmatively in implementing their mutual objective of effective integration of faculties and student bodies in all Detroit schools.

III. QUALITY INTEGRATED EDUCATION

In order to assure positive action designed to implement the commitments expressed in the Preamble of this Agreement and in furtherance of past recommendations and action of the District, Union, Administration, professional staff, and various concerned citizen groups, the Union and the Administration will continue and will accelerate their efforts to provide quality integrated education in the following manner:

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8. The District shall inform all present employees within thirty (30) days of the opening of the school year, and future employees and employees returning from leave within thirty (30) days of hire or return, of their obligations under this section; provided that the failure of the District to so inform shall not be a defense to any employee who has failed to comply with the provisions of this section. The District shall continue to notify the Union of all new hires, and returns from absence or leave, and separations.

D. Political Action Deductions

The District agrees to make payroll deductions available to members of the bargaining unit for the Union’s Political Action Fund under the following conditions: The member’s authorization shall be voluntary. It shall not be a condition of continuing membership or employment. The Union agrees to pay in full all costs related to the implementation and maintenance of the aforementioned payroll deduction. If any provision of this Article is invalid under Federal or State law, said provision shall be modified to comply with the requirements of said Federal or State law.

E. Other Organizations

Teachers have the right to join any teacher organization, but membership in a teacher organization shall not be required as a condition of employment.

F. Strike Prohibition

The Union will not engage in or encourage strike action of any type during the life of this Agreement.

II. FAIR PRACTICES

A. In accord with District policy, no person or persons, departments or divisions responsible to the District shall discriminate against any employee on the basis of race, creed, color, national origin, sex, marital status, or membership in, or association with the activities of, the Union.

B. In accord with its Constitution, the Union will admit persons to membership without discrimination on the basis of race, creed, color, national origin, sex, or marital status.

C. The Union and the District agree to continue to work affirmatively in implementing their mutual objective of effective integration of faculties and student bodies in all Detroit schools.

III. QUALITY INTEGRATED EDUCATION

In order to assure positive action designed to implement the commitments expressed in the Preamble of this Agreement and in furtherance of past recommendations and action of the District, Union, Administration, professional staff, and various concerned citizen groups, the Union and the Administration will continue and will accelerate their efforts to provide quality integrated education in the following manner:

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A. Textbook and Curriculum Improvement

1. In order to meet the real and vital learning needs of children in this multi-racial, multi-religious, multi-ethnic society in which we live, textbooks and other curriculum material for each pupil in all classes shall be used pursuant to the guidelines established by the District and outlined in the 1968 Textbook Report, Publication 1-112, or its successor, prepared by School-Community Relations. See also the guidelines entitled "Treatment of Minorities and Women in Textbooks and Other Learning Materials."

2. Use of textbooks and other curriculum material for each pupil in all American History classes in order to cover in-depth the contribution of minority groups in each unit taught; and inclusion of such material as part of the course of study in Curriculum Guides.

3. Use of supplemental reading materials dealing with minority group contributions.

4. Use of comprehensive units in World History which cover African, Asian, and Latin-American History at appropriate grade levels.

5. Use of federal funds, if any, available for that purpose to reduce the class size in inner-city schools to a maximum of 25 students in regular grades with proportional reduction in Special Education classes and classes on half-day sessions.

6. Increased use of special services in inner-city schools, including psychological, medical, and dental services, by taking fullest advantage of available resources.

7. The District shall designate personnel necessary to assure the implementation of the above sections.

B. Staff Integration

1. The Federation in cooperation with the District and the Administration will further staff integration at all levels and in all sections of the city.

2. A Joint Union-Administration Committee shall be formed to work with those colleges of education which are willing to cooperate in planning a required course of study geared toward understanding and working with children with cultural differences.

3. Available federal funds shall be utilized for internship programs and other methods to assist teachers who are teaching for the first time in schools located in low socio-economic areas.

C. Achievement and Intelligence Test Revision

There shall be a complete review and revision wherever necessary of the existing testing program in an effort to eliminate culturally biased tests.

D. Pupil Integration

The Union and the Administration recognize that compensatory educational benefits are necessary to provide equal educational opportunities in deprived areas but that such benefits do not substitute for Detroit’s declared goal of quality integrated education. Therefore, a Joint Union-Administration Committee shall continue to investigate ways of

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achieving quality integrated education and to make recommendations to the Union Executive Board and the CEO in order to implement programs which will further racial integration of pupils. Various plans from throughout the United States will be investigated along with any other new and creative ideas submitted for study by either party or from any other source.

E. Implementation of Integration and Desegregation

Funds available for integration and desegregation projects shall continue to be aggressively sought for the purpose of implementing the Quality Integrated Education provisions of this Agreement.

IV. SALARY SCHEDULES

1. The salary schedules and formulas negotiated by the parties are set forth in the Appendix A attached hereto and shall be in effect for the 2002-2003 school year.

a. Increase of 3% for all unit members.

b. Increase of an additional 1.1%, therefore effectively increasing by 4.1%, those individuals who are at the maximum step of the BA and MA scales.

2. The salary schedules and formulas negotiated by the parties are set forth in the Appendix A attached hereto and shall be in effect for the 2003-2004 school year.

a. Increase of 3% for all unit members.

b. Increase of an additional 1.1%, therefore effectively increasing by 4.1%, those individuals who are at the maximum step of the BA and MA scales.

The salary schedules and formulas negotiated by the parties are set forth in the Appendix B attached hereto and shall be in effect for the 2003-2004 school year, unless the District is projected to have a decline in General Fund revenue from the FY 2002-2003 to FY 2003-2004 of greater than two percent (2%) which is validated by an independent certified public accountant, selected by the Union, and paid for by the district. Should revenue decline greater than two percent (2%), the District reserves the right to re-open negotiations for wages and salaries.

3. The salary schedules and formulas negotiated by the parties are set forth in the Appendix A attached hereto and shall be in effect for the 2004-2005 school year.

a. Increase of 3% for all unit members.

b. Increase of an additional 1.1%, therefore effectively increasing by 4.1%, those individuals who are at the maximum step of the BA and MA scales. The salary schedules and formulas negotiated by the parties are set forth in the Appendix B attached hereto and shall be in effect for the 2004-2005 school year, unless the District is projected to have a decline in General Fund revenue from the FY 2003-2004 to FY 2004-2005 of greater than two percent (2%) which is validated by an independent certified public

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accountant, selected by the Union, and paid for by the district. Should revenue decline greater than two percent (2%), the District reserves the right to re-open negotiations for wages and salaries.

4. Four (4) additional steps, at the rate of $3,000 per step, beyond the current maximum of Step 10 or 11 will be granted according to criteria determined by the School District of the City of Detroit which will include, but not be limited to the following:

• Advancement beyond Step 10 or 11 will occur after at least three (3) years of satisfactory performance at Step 10 or 11 and at least three (3) years of satisfactory performance up to the fourth step in this section.

• Participation in professional development activities as designed jointly by the Union and the School District of the City of Detroit.

• Minimum of 21 hours towards advanced degree in subject area of certification in area currently teaching. The Union and the District will agree on the defined subject areas for which the hours will be earned (e.g. elementary subjects).

• Designed certification programs through national professional organizations (such as the National Board for Professional Teaching Standards) or certification programs with universities in specific subject areas.

5. Pursuant to the 1966-67 collective bargaining agreement, a teacher employed for the full 1966-67 school year has been credited with an additional day’s pay based upon his/her 1966-67 salary for each day actually worked during the 40th week of the 1966-67 school year. This money is payable to such teachers in a lump sum upon separation from the system.

6. Date last check in December on the same dating basis used for other pay periods.

V. ORGANIZATION OF SCHOOL CALENDAR

A. Length of School Year

Effective the 2000-2001 school year, the first day of the new school year shall be a full day of work. All teachers are to report to their assigned school at the regularly scheduled time in the morning. Sixty (60) days prior to the opening of schools a District-Union Committee shall meet to establish calendars for adult education sites. The completed calendars shall be forwarded to the CEO and the Union for approval. The committee will consist of an equal number of representatives from the administration and the union.

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accountant, selected by the Union, and paid for by the district. Should revenue decline greater than two percent (2%), the District reserves the right to re-open negotiations for wages and salaries.

4. Four (4) additional steps, at the rate of $3,000 per step, beyond the current maximum of Step 10 or 11 will be granted according to criteria determined by the School District of the City of Detroit which will include, but not be limited to the following:

• Advancement beyond Step 10 or 11 will occur after at least three (3) years of satisfactory performance at Step 10 or 11 and at least three (3) years of satisfactory performance up to the fourth step in this section.

• Participation in professional development activities as designed jointly by the Union and the School District of the City of Detroit.

• Minimum of 21 hours towards advanced degree in subject area of certification in area currently teaching. The Union and the District will agree on the defined subject areas for which the hours will be earned (e.g. elementary subjects).

• Designed certification programs through national professional organizations (such as the National Board for Professional Teaching Standards) or certification programs with universities in specific subject areas.

5. Pursuant to the 1966-67 collective bargaining agreement, a teacher employed for the full 1966-67 school year has been credited with an additional day’s pay based upon his/her 1966-67 salary for each day actually worked during the 40th week of the 1966-67 school year. This money is payable to such teachers in a lump sum upon separation from the system.

6. Date last check in December on the same dating basis used for other pay periods.

V. ORGANIZATION OF SCHOOL CALENDAR

A. Length of School Year

Effective the 2000-2001 school year, the first day of the new school year shall be a full day of work. All teachers are to report to their assigned school at the regularly scheduled time in the morning. Sixty (60) days prior to the opening of schools a District-Union Committee shall meet to establish calendars for adult education sites. The completed calendars shall be forwarded to the CEO and the Union for approval. The committee will consist of an equal number of representatives from the administration and the union.

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B. End of Semester Schedule

Effective the 1999-2000 school year, the end of the first semester shall consist of one-half (1.2) day on the last day of the first semester for teacher use in their own rooms for personal planning, individual reorganization, records, etc. One full day at the end of the second semester shall be used for teachers to complete records.

C. Kindergarten Schedule

Kindergarten teachers and principals in local schools will jointly develop an appropriate plan for the two days following registration and entry testing which will make available for each kindergarten teacher one-half day per kindergarten class without students to complete kindergarten records. Such a plan must conform to the requirements of State regulations for student attendance. Upon approval of the designee of the CEO, such a plan shall be implemented.

D. Emergency Weather Conditions

The District shall notify metropolitan radio and TV stations by 6:30 a.m., whenever a decision has been made to close schools because of weather conditions. This clause is not intended to preclude a decision to close schools after 6:30 a.m., if further evaluation of developing weather conditions warrant such a decision.

When students are not required to report to school due to adverse weather conditions or conditions not within the control of school authorities, teachers in those schools shall not be required to report. Scheduled days of student attendance that are cancelled because of conditions not within the control of authorities shall be rescheduled when the district is unable to meet the state mandatory requirements.

When individual schools are closed after the start of the school day, teachers will also be dismissed.

When the cancelled days become less than the state requirement for student attendance, employees shall not be compensated for mentioned days. Such days will be rescheduled with employees being paid the pay period following.

Rescheduling of days shall not affect annual salary, compensation or other benefits provided within this Collective Bargaining Agreement.

E. Emergency Closing and Security

The District shall have posted on the entrance and exit doors of the school the city ordinance (39-1-59,-59.1, and -59.4) which requires persons entering schools to report directly to the principal or his/her designee, and make it unlawful for such persons to remain after being requested to leave. Administrators shall be encouraged to prosecute violators.

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When individual schools are closed after the start of the school day, teachers will also be dismissed.

In any case where school disruptions lead to a situation where students and/or teachers face physical peril while in school, and the school is closed to students by the CEO or his/her designee, a Joint Administration- Union Committee shall meet to determine what steps shall be taken so that school can be reopened in a reasonable climate of safety. Such steps shall be submitted to the CEO or his/her designee for approval to reopen.

Both parties acknowledge their great concern for the security of pupils, staff and parents. Security or the lack thereof has a very significant impact upon the teaching and learning conditions in and around the school facility.

A Joint Administration-Bargaining Units Committee shall be established to study and make further recommendations to improve security in the Detroit Public Schools. The joint committee shall be composed of representatives of Administration and of each of the collective bargaining units representing District employees who wish to participate.

F. Observance of Religious Holidays

A survey of the pattern of teacher absences on religious holidays shall be conducted annually for the purpose of determining the need and adequacy of teacher substitute service as far in advance of such holidays as possible.

G. State Mandated Days/Hours of Instruction

In the event that an individual school will not meet the Michigan Department of Education mandated days and or hours of instruction due to unforeseen school closing(s), additional school days and/or hours of instruction will be rescheduled for compliance. The Union will be consulted as to the make-up schedule.

The rescheduling will amend the school calendar, but shall not affect or otherwise require an adjustment of salary, compensation or other benefits provided within this Collective Bargaining Agreement.

H. Professional Development

The Union and the District agree that all state mandated professional development requirements shall be met.

Notice will be given of the District professional development schedules by the end of the school year for the following fall semester.

The notice for the second semester District professional development activities will be announced prior to the end of the fall semester.

Participation in professional development activities outside of regularly scheduled school hours will be voluntary and will be paid at the workshop rate.

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VI. CLASS SIZE LIMITATION

A. Regular Classes — Maximum Class Size*

1. Grades K-5

Class size of grades K-5 shall be reduced to 30. Those schools where building capacity does not allow for such reductions shall be referred to the Class Size Review Committee where an agreed adjustment shall be made.

In accordance with VI.B.3., beginning the 2002-2003 school year, the district will commit to limiting class size for K-3 to between 17-25 students, in a minimum of one-hundred-ten (110) elementary schools.

Beginning the 2003-2004 school year the district will commit to limiting class size for K-3 to between 17-25 students, for all elementary schools.

2. Grades 6-12

The maximum class size shall be thirty-five (35) with the following exceptions: band, choir, secondary physical education, and JROTC.

Similar classes may, upon mutual agreement of the District and the Union, have other limits.

Beginning the 2002-03 school year the class size limit for alternative schools shall be 18 students per class.

3. It is the goal of the District to reduce class size for grades 4 through 12.

To accomplish this, a comprehensive implementation study will be commissioned and a report thereon issued no later than July 1, 2003.

The objective of the study will be to identify strategies to reduce class size in grades 4 through 12. The study will include a cost and facility analysis.

The Detroit Federation of Teachers will be asked to participate in this implementation study.

4. Organization of Grades

Classes shall be "organized" for the fall and for the spring semesters at levels sufficiently below the above maximums so that school population shifts will not result in classes exceeding the maximums.

For grades kindergarten through five, classes shall be "organized" at a level sufficiently below 30 so as to provide a reasonable expectation that school population shifts will not result in class sizes exceeding the mandatory limit of 30 students. For grades six through twelve, classes shall be "organized" at a level sufficiently below 35 so as to provide good faith assurance that school population shifts will not result in class sizes above 35.

*These maximums also apply to summer school. The parties agree that there may be exceptions. In such instances, the oversize classes shall be shared equitably within the area of grade and/or subject assignments. Total student load shall not exceed 108 in grades K-5 and 115 in grades 6-12 respectively for a teacher with three classes when it is necessary to maintain the summer school program.

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When split grades are necessary in order to comply with the mandatory class size maximums, the split class shall have groups which are closest to each other in reading achievement level. Split grade assignments shall be rotated with provision for mutual exchange or continuation of split classes with the approval of the administration. Such assignments shall be shared equitably within the area or grade and/or subject assignments.

5. Reorganization of Classes, etc.

a. From and after the 4th Wednesday in the fall and the 2nd Wednesday in the spring semesters, if oversize classes in grades K-5 develop as a result of additional pupils entering the school or if classes above 30 are the result of inequitable school organization, classes shall be reorganized by the school administration within 10 school days with provision for additional teacher service, extra assistance and/or other types of relief so that no class exceeds the above maximums.

b. From and after the 4th Wednesday in the fall and the 2nd Wednesday in the spring semesters, if in spite of good faith efforts, oversize classes in grades 6-12 develop or if classes above 34 are the result of inequitable school organization, classes shall be reorganized by the school administration within 10 school days with provision for additional teacher service, extra assistance and/or other types of relief so that no class exceeds the above maximums.

c. In schools involving at least 45% of the enrolled students in reorganization, one-half (1.2) day will be provided for updating records and planning.

B. Class Size Review Board

1. The Class Size Review Board shall act to assure that the class size maximums are not exceeded. The Class Size Review Board shall be composed of at least three teachers selected by the Union and at least three administrators appointed by the CEO

2. The Class Size Review Board shall have the power to investigate complaints from any teacher or from the Union concerning violations of class size maximums as stated above, or inequitable school organization which results in class sizes over 30 in grades K-5 and 34 in grades 6-12. Further, the Class Size Review Board shall have the power to act on its own motion; to select particular schools and particular classes in selected schools for review; to effectively recommend the priority and method of correcting any inequities found including provision for additional teacher service, extra assistance and/or other types of relief; and to recommend the use of specific State and/or Federal Funds.

3. The Class Size Review Board in arriving at its conclusions shall reasonably evaluate the number of classroom teachers and the amount of space available; the objectives of the instructional program; the educational advantage and desirability of utilizing available teachers to reduce class size in basic programs and in programs where specialized instruction has been determined to be necessary; and the desired goals of quality integrated education jointly shared by the District and the Union.

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4. Class size complaints are to be filed with the co-chairpersons of the Class Size Review Board. If they are unable to resolve a complaint within five (5) school days after filing, they shall refer the complaint to the Class Size Review Board which shall consider the complaint and make its recommendations to the CEO and the Union within ten (10) school days after the complaint has been referred to it.

5. In the event a recommendation of the Class Size Review Board is not implemented by the administration within ten (10) school days after the recommendation is referred to the CEO and the Union, the Union may grieve under Article XXIII of this Agreement beginning at the Step 3 level. For purposes of class size grievances the time allowed for scheduling the hearing after receipt of the appeal shall be ten (10) school days and the decision shall be communicated to the Union within five (5) school days after the hearing. Upon notification of the need for additional time, one five (5) school day extension will be granted for communicating the decision. In the event the Class Size Review Board does not timely agree on a recommendation to resolve a class size complaint, the Union may grieve under Article XXIII of this Agreement beginning with Step 3 except that the abbreviated time limits in the preceding paragraph will apply.

C. Class Size Resolution Process

When the Union Co-chair of the Class Size Review Board presents a class size complaint to the District Co-chair, the District Co-chair shall promptly (within 5 school days) send the class size complaint (District form) to the CEO’s designee.

The CEO’s designee shall respond to the complaint in writing within 5 school days. His or her response shall include actions which will be taken to resolve the complaint or reasons why the complaint cannot be resolved.

If the CEO’s designee does not respond within 5 school days, the District Co-chair shall telephone the CEO’s designee for a response. The response shall be sent to the Union promptly after receipt by the Co-chair.

If the CEO’s designee recommendation resolves the complaint, the recommendation shall be implemented as expeditiously as possible. If the CEO’s designee indicates the complaint cannot be resolved, the Committee will meet — generally within 10 school days of receipt of the CEO’s designee response. The Co-chairs and the Class Size Review Board shall review the matter and attempt promptly to reach agreement on a recommendation to resolve the complaint. If a recommendation is made, it shall be submitted promptly to the CEO If the Class Size Review Board cannot agree on a recommendation, the parties have recourse to collective bargaining agreement (CBA) provisions on class size, provided that any resultant grievance shall be filed at Step 2 of the grievance procedure.

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The CEO shall respond to the recommendation within 10 school days if reasonably practicable.

The Class Size Review Board shall issue a monthly status report identifying all class size complaints, the status of each complaint in this process and the status of implementation efforts by the principals. The District Co-chair shall have primary responsibility for assessing status of the complaints and implementation efforts.

If the Union is not satisfied with progress on implementation efforts, it may utilize the CBA class size procedure, i.e. grievance and arbitration.

For the purposes of grievance and arbitration, unresolved class size complaints may be aggregated, that is one grievance filed regarding class size complaints.

D. Compensation for Oversized Classes

1. a. Beginning the first semester of the 1997-98 year, all teachers K-12 whose class size exceeded the contractual maximum by one or more students, as verified by student report cards issued by the teacher at the first or second card marking period, shall be compensated in the manner listed below.

b. Beginning the second semester of the 1997-98 school year, all teachers K-12 whose class size exceeded the contractual maximum by one or more students, as verified by student report cards issued by the teacher at the third or fourth card marking period, shall be compensated in the manner listed below.

c. All teachers K-12:

1-2 students over contract maximum 1 day’s pay

3-4 students over contract maximum 2 day’s pay

5 or more students over contract maximum 3 day’s pay

2. Each class K-12 claiming an overage (size in excess of the contract maximum) must first be acknowledged and recorded by the Class

Size Review Board (CSRB), no earlier than the class reorganization date identified in the DFT collective bargaining Agreement and no later than the first report card marking.

Once recorded, the CSRB will make all reasonable efforts to reduce each oversized class enrollment to the class size maximum or below pursuant to mutually agreed upon procedures. Said procedures replace those set forth in Article VI.B(4) of the 1997-98 collective bargaining Agreement.

The CSRB will meet regularly throughout the school year to try and reduce all oversized classes. It is the responsibility of each principal and the CEO’s designee to supply the CSRB with up to date information of the status of oversized classes — no less than once per month.

3. All teachers K-12 who do not have self-contained classrooms shall not be paid as set forth above unless their total enrollment per semester averages more than the contractual maximum.

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4. Payment Schedule:

a. The payment to teachers K-12 for the first semester of the school year shall be made during the second semester but no later than the end of the school year.

b. The payment to teachers K-12 for the second semester shall be made between July 1, and the commencement of the following school year. The parties shall meet no later than August 1, to compare lists of eligible teachers, oversize class data and amount of payment to each teacher.

E. Special Education Classes

The number of children assigned to special education classes shall be in accordance with state recommended standards. In no case shall this maximum be exceeded without prior consultation with the teacher and notification to the Union.

F. Mainstreamed Students

The receiving teacher(s) shall be informed by the sending teacher(s), in writing, in advance, of the special needs of mainstreamed students. Maximum 30 and 35 class size limitations otherwise applicable shall be unchanged.

G. Counseling Loads

Counseling loads shall be surveyed in individual schools and adjustments made as soon as funds and/or staff permit.

By reallocation of clerical assignments, the clerical assistance provided counselors shall be increased during the term of this Agreement.

The parties agree to cooperate in efforts to more effectively utilize available student assistants and school service assistants to help relieve counselors of some of the routine tasks which now interfere with their successful performance of primary counseling duties.

H. Teacher Service

Relative achievement levels, reading and mathematics scores on standardized tests, and the economic level of the families of students in the local school community shall be considered as valid factors in determining the amount of teacher service available to each elementary school.

VII SCHOOL DAY

A. Purpose

Teachers shall use the school day for:

1. Planning and preparing for their classes.

2. Teaching their pupils.

3. Evaluating pupil progress and discussing with their colleagues the effectiveness of their own planning and implementation of their plans.

4. Reporting their evaluations of pupil progress to the school administration and to the parents of the children whom they teach at appropriate times during the school year.

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5. Assuming other responsibilities for the education, health, safety, and welfare of their pupils.

6. Provide professional service to the school and community for the purpose of assisting in the development and implementation of quality education in the School District of the City of Detroit.

B. Teachers’Meetings

1. Teachers should plan to reserve Wednesday afternoon for building meetings or for development, coordination and implementation of the school improvement plan. Meetings will be scheduled as necessary by the building Principal. Unless the principal and Union agree otherwise in advance, the length of the Wednesday meeting period should be limited to one (1) hour.

During the school improvement period, teachers may work in pairs, groups, teams or even alone as appropriate to prepare lesson plans and to do other implementation, development and coordination work needed to realize the school’s local improvement plan.

Principals will determine the frequency of WEDNESDAY teachers’ meetings in accordance with Article VII.

2. Both parties recognize the value of utilizing an occasional citywide meeting. When such meetings are necessary, attempts will be made to televise them, preferably on a Wednesday.

3. No more than six (6) meetings per year may be used for in-service/ workshop activities without remuneration. Such meetings are not to be consecutive. The length of the in-service/workshop meetings shall follow the guidelines above. Specific techniques for teachers to use in providing improved instructions and assistance to students will be a priority for meetings devoted to in-service/workshop activities.

C. Clock Hours

Effective the 2002-2003 school year, no school day shall begin prior to 7:30 a.m. or later than 9:00 a.m.

1. The regular school day in elementary schools for assigned teaching, planning, and consultation functions shall be exactly 7 hours, which shall include a forty-five (45) minute duty-free lunch period.

In order to assist with the supervision of students upon entry, elementary teachers are to be on duty at their rooms at the entry bell.

2. In middle schools the regular school day for assigned teaching, planning and consultation functions shall be exactly 6 hours 40 minutes, which shall include a twenty-five (25) minute duty-free lunch period.

3. Effective the 1997-98 school year, in senior high schools the regular school day for assigned teaching, planning, and consultation functions shall consist of not more then 7 hours and 51 minutes which shall include a lunch period. The high school lunch period shall be fifty-three (53) minutes in duration. See also program in senior high school.

Beginning the 2003-2004 school year, the high school day shall be exactly 7 hours and five (5) minutes, which shall include a fifty-five (55) minute duty-free lunch period.

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4. Registered Nurses will continue their former schedule of working hours in order to be present whenever the children are present, accomplish their work load, and continue to make home calls.

5. Educational Technicians, Compact Technicians, and Special Instructors must be paid for all hours worked. If the work assignment for an Educational Technician, Compact Technician, and/or a Special Instructor is equal to 1.0 FTE, their work hours shall be the same as the school to which they are assigned and will include a paid lunch. Work hours beyond the regular school day, shall be at the sole discretion of the principal.

If an Educational Technician, Compact Technician and/or Special Instructor is directed to attend any school-related activity that falls outside of the regular work day (e.g. Wednesday staff meeting, parent teacher conference or open house) they shall be paid their regular hourly rate, subject to overtime statutes.

D. Program Assignments

1. No classroom teacher shall be required to teach outside of his/her area of certification. (This clause is not intended to change present transfer policy.)

Only counselors and certified teacher-guidance counselors will be placed in counseling positions except on a temporary basis not to exceed 60 days or when the position is being held because of an illness absence.

Counselors and teacher-guidance counselors must be selected from the official Eligibility Pool established by the District except for temporary or illness placements as described above.

2. Teachers may express in writing to their principal their preference of grade level, subject, department assignment, extra-curricular assignment, school committee. Requests for the following semester assignment shall be made by October 15 or March 15.

Such requests shall be kept on file for one school year in an accessible place. These requests shall be given consideration as vacancies occur in the building on the basis of seniority, priority of request in the case of tied seniority, competency of the individual in the judgment of the principal.

Requests which were not acted upon shall be re-filed each September to remain active. A teacher whose request was not acted upon may ask for an explanation.

In order that teachers not be "frozen" into positions, a teacher upon request shall be relieved of a section within a grade level, room, or extracurricular activity after a period of not more than one year, or in high school one semester, after the teacher makes such a request.

Duties shall be rotated, with provision for mutual exchange or continuation of duties with the approval of the administrator.

3. School administration shall call upon the police department to perform police duties in and around schools.

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Teachers should not be assigned to police off-campus areas. Teachers may be assigned to supervise students at regularly scheduled off-campus school events.

4. Tentative school programs, room changes, and assignments shall be posted on the official school bulletin board, or other readily accessible place, not later than ten (10) working days before the end of the previous school semester. Final programs shall be posted when established.

5. When there is a change of assignment for a School Social Worker, sufficient time will be allowed for the Social Worker to come to closure with his/her students, school staff and to complete records.

6. SMI/SXI Program

All teachers currently classified as 48-week employees in the SMI/SXI program will be reclassified as 39-week employees.

The 48-week SMI/SXI Program will be continued on a year-to-year basis at the discretion of the School District of the City of Detroit.

If a waiver is made to the state, it will be submitted no later than January 31 and the Union will be notified of the waiver application.

If the SMI/SXI program is not extended beyond 39 weeks, the teachers effected will be free to apply for other summer school positions.

If the SMI/SXI program is extended beyond 39 weeks, the teachers selected to work will be paid at their regular daily rate.

Teachers will be selected to work the extended program based on certification, number of students enrolled, and system wide seniority.

7. Effective the 1992-93 school year, all Health and Physical Education teachers shall have a valid/current CPR Certificate on file in the Office of Administrative/Instructional Personnel by the beginning of the second semester.

Effective the 1992-93 school year, and thereafter, all Health and Physical Education teachers newly assigned/transferred to a school where there is a swimming pool must have and maintain a valid Lifesaving Certificate on file in the Office of Administrative/Instructional Personnel.

Effective the 1993-94 school year, at least 50 percent of the Health and Physical Education teachers currently assigned to a school where there is a swimming pool must have a valid/current Lifesaving Certificate on file in the Office of Administrative/Instructional Personnel. Where transfers are necessary, seniority shall prevail.

The District will provide the opportunity for Health and Physical Education teachers to secure and maintain CPR certificates.

 The District will provide the opportunity for Health and Physical Education teachers who are assigned to a school where there is a pool to secure and maintain the Lifesaving certificates.

E. Classroom Teaching Periods

Effective the 1986-87 school year, the general practice of scheduling classroom teaching periods shall be covered by the following standards. Deviation may occur where there is mutual consent for experimental programs or where other temporary conditions require it.

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1. JROTC instructors and assistants shall assume those duties assigned by the principal which are not in conflict with site accreditation requirements and North Central regulations in addition to the particular responsibilities related to their sphere of instruction (military materials-uniforms-etc.).

In the 1997-98 school year, all class periods at the high school level will be fifty-three (53) minutes long, with the exception of one (1) period per day which will have a twelve (12) minute record period attached to it. A minimum of five (5) hours and fifty-five (55) minutes of time defined as instruction by the guidelines set forth by the Michigan Department of Education will be provided.

The regular school day for assigned teaching, planning, and consultation shall consist of not more than seven (7) hours and fifty-one (51) minutes. Teachers shall cover halls during passing time prior to their lunch period or preparation period. alternate schedules may be developed by the administration as long as they meet with the state mandated hours of instruction.

All class periods at the high schools shall be fifty-five (55) minutes long, with the exception of one (1) period that will have a ten (10) minute period attached to it. A minimum of six (6) hours and ten (10) minutes of time defined as instruction by the guidelines set forth by the Michigan department of education will be provided.

The regular school day for assigned teaching, planning, and consultation shall be no longer than seven (7) hours and fifty-one (51) minutes for the 2002-03 school year.

Beginning with the 2003-04 school year the length of the high school day shall be no longer than seven (7) hours and five (5) minutes.

Teachers shall not cover halls during passing time prior to their lunch period or preparation period. Alternate schedules may be developed by the administration as long as they meet the state mandated hours of instruction.

The Union will be consulted in advance concerning such proposed alternate schedules. When another assignment or other educational responsibility which is equivalent to a class is assigned, the teacher will be relieved of one of the five class assignments.

In senior high schools sponsoring a school paper, a yearbook or a school play, the teachers involved shall not have more than five classes, one of which shall be called Journalism (Y or N)* or Drama. These classes may be extended into a duty period.

Dissimilar preparations per teacher in middle and senior high schools should be limited to three (3). Prior to the assignment of a fourth dissimilar preparation, the Administration and Union Committee will meet to see if the additional dissimilar preparation can be avoided. Dissimilar preparations shall not exceed five (5).

Each high school teacher shall have a 55-minute period daily which shall be used for lunch.

Each high school teacher shall also have one 55-minute preparation period daily.

Each high school teacher shall also have a 55-minute duty period daily.

Beginning with the 2003-04 school year, the high school duty period will be eliminated.

*Y designates Yearbook — N designates Newspaper.

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High School Sixth Period

The parties reaffirm the Letter of Agreement dated January 9, 1987 regarding the policy and procedure when a high school teacher agrees to teach a sixth (6th) class.

The letter states that teachers certified and qualified to teach in those areas designed as being short due to the lack of personnel may volunteer to accept an additional class. Such classes in the high schools shall be taught during duty periods by persons volunteering.

Subsequent to receiving written applications, additional assignments shall be first offered to members of the department in which the class is scheduled, based on seniority. Eligible teachers must be satisfactory in their current assignment in order to qualify.

Shortage areas will be identified at the beginning of the school year or semester with the understanding that the Board’s goal is to fill all vacancies with regular full-time teachers and offer additional classes to staff only when it becomes apparent such positions cannot be filled.

The Union will be notified of each shortage area so identified before providing assignments.

Such additional assignments shall be for one semester. Each class period shall be considered a one-hour assignment with teachers being paid one-eighth (1.8) [0.125] of their daily rate.

Teachers who volunteer and are assigned to teach additional classes will still work their regular clock hour day while receiving compensation for the assignment.

The school administration, in consultation with the Union Committee, shall prioritize staff needs for various duty assignments. The administration will make multiple assignments based on priorities established.

Duties shall not include preparation, plans, grading or reports unless time is provided during the period.

Every effort shall be made to assign each teacher to one (1) classroom by making full use of each available classroom in the school for instructional purposes.

When teachers are required to teach in more than one (1) classroom, every effort shall be made to limit the total number of classrooms to three (3).

2. The middle school teaching program shall consist of teacher-pupil contact by each teacher of 315 minutes per day. This time shall be utilized for instructional periods, record-homeroom, and passing time between classes.

Each middle school teacher shall teach five 55-minute periods, one 15-minute record-homeroom and supervise students during passing time between classes. Alternate schedules may be developed by the administration as long as they meet the 315 minute requirement.  The Union will be consulted in advance concerning such proposed alternate schedules.

When another assignment, such as a duty or other educational responsibility which is equivalent to a class is assigned, the teacher will be relieved of one of the five class assignments.

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Each middle school teacher shall have a twenty-five (25) minute lunch period daily.

Each middle school teacher shall have a daily preparation time of fifty (50) minutes.

3. Beginning with the 2002-03 school year, each elementary teacher, (Pre-K-5) shall receive a minimum of four (4) sixty (60) minute preparation periods per week within the regular school day.

Beginning with the 2003-04 school year, each elementary teacher, (Pre-K-5) shall receive a minimum of five (5) sixty (60) minute preparation periods per week within the regular school day.

4. When a teacher’s preparation period must be assigned for other purposes, the assignments shall be rotated so that all of the staff share these burdens equitably.

5. Whenever a teacher loses scheduled preparation time at the request of the administration, the teacher shall subsequently be granted, at a mutually convenient time, time for preparation equal to the preparation time lost. Time must be repaid within five school months of the time lost.

Effective July 1, 1997, lost preparation periods shall not carry over from one school year to the next school year. Lost preparation periods not made up by the end of the school year shall be compensated in the form of the current hourly rate.

6. Substitute service shall be provided for teachers who accompany pupils on APPROVED field trips whenever a school is unable to provide class coverage without a substitute. This clause is not intended to COVER the loss of preparation periods nor is it intended to preclude the voluntary exchange of preparation periods.

F. Interruptions

Classroom interruptions are detrimental to a good learning environment and to the continuity of a well planned classroom operation. Therefore, teachers and administrators accept the joint responsibility to minimize such interruptions.

G. Lunch Period

1. Elementary

Every elementary teacher shall have a duty-free lunch period of exactly forty-five minutes except in case of emergencies. Arrangements for aides shall be completed by the fifth week of the school year.

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2. Special Education

The Administration will provide Special Education teachers with a full lunch period free of supervision of children as rapidly as possible.

In any school where lunch time relief has not been provided, the Administration shall, on request of the Union, state the reason(s) in writing.

3. Counselors

Counselors will have a scheduled duty-free lunch period corresponding to the lunch period for teachers in the same building. In each building, lunch periods of counselors shall be scheduled so as to insure maximum available counseling service to students throughout the lunch times. Except in emergencies, counselors’ lunch periods will not be interrupted.

H. Relief from Non-Teaching Chores

To the extent that Federal or other funds are available for such purposes, School Service Assistants should be provided to handle non-teaching chores connected with the classroom under the direction of the assigned teacher.

The use of teachers to perform non-instructional functions shall be kept to a minimum and positive action shall be taken by the Administration to eliminate the need for teachers to perform such functions as soon as funds and staff permit. Positive action will include seeking out and utilizing state and federal funds. In the event that it is necessary to assign teachers to non-teaching duties, it shall be on an equitable basis for the entire staff.

The assignment of School Service Assistants in a particular school is a proper subject of discussion between the Administration and the School Union Committee. Before finalizing the assignment of School Service Assistants in a particular school the principal will afford the School Union Committee the opportunity to make observations concerning them.

I. Release from Assigned Duties for Building Representatives

In any senior high school in which there are more teachers than are necessary to fill the required study hall assignments, the Union duties of the Union building representative shall constitute his/her duty assignment.

In any elementary or middle school in which there are more teachers than there are homerooms or conference classes, whichever is applicable, the Union building representative shall be excused from such assignment. In schools where no such relief is possible, relief from some other duty assignment shall be arranged.

It is understood that in the determination of whether or not there are a sufficient number of teachers in the elementary school available to perform required duties, the parties acknowledge the necessity to consider such factors as the size and organization of the particular school. In consideration of such factors, however, the priority will be given to the School Union Representative whenever it is determined that at least one of the teachers in such building is to be released from a duty assignment. In no case shall release from such assignment deprive students of essential

services.

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In determining whether or not there are more teachers than necessary to cover homeroom or conference classes, teachers assigned to more than one school for the purpose of providing supportive services shall not be counted.

In pursuance of his/her Union duties the Union building representative shall not interfere with any teacher who is engaged in a regular class, a duty, a conference, or homeroom assignment.

VIII. DISCIPLINE

A. Within the framework of the Discipline and Corporal Punishment Policy of the School District of the City of Detroit a consistent and reasonable discipline procedure shall be developed within each school by the principal, assistant principal, department heads, counselors, and classroom teachers. Counselors and classroom teachers shall be selected by the instructional staff.

B. The teacher’s authority in his/her classroom is undermined when pupils discover that he/she has little or no administrative backing in discipline. As a result the entire school suffers deterioration in standards, morale, and climate favorable for teaching and learning.

C. A teacher may exclude from his/her class a child who in the teacher’s opinion is causing serious disruption. The teacher shall be available to confer with the principal or assistant principal or counselor to provide the necessary information concerning the problem and shall provide a statement of the problem in writing as soon as possible not to exceed twenty-four hours. The teacher will re-admit the child after some adjustment has been made, following a conference with the child and at least two of the following parties as determined by the principal: an administrator, a counselor, school social workers, school psychologist, attendance officer, a parent of the child.

Whether the teacher is present shall be determined by mutual agreement between the principal and the teacher. The teacher shall be provided a verbal statement of the results of the conference before the child is returned to class. A written statement of the result of the conference and/or adjustments will be given to the teacher as soon as possible, not to exceed 24 hours after conclusion of the conference.

D. Following such a conference one of several courses of action will be taken:

1. The child will be returned to the class with the understanding that he/she will correct his/her behavior.

2. Depending upon the seriousness of the infraction, the child may be returned to class while his/her case is being referred to one of the special services by the school social worker, school psychologist, or an attendance officer/agent.

3. In case all the teachers who work with a child in regular classes recommend suspension and the principal disagrees, the teachers shall address a request to the designee of the CEO who shall meet with the principal and the teachers to determine if the child shall be suspended.

4. The child will be suspended by the principal.

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E. Examples of offenses for which teachers may exclude students from class: profanity or obscenity, fighting, gambling, possession of tobacco, class skips, deliberate and open defiance of authority, inciting others to violence or disobedience, possession of pornographic literature, petty theft, petty vandalism.

F. Security. The police department shall be called immediately in the event a criminal act is committed on school property.

1. Examples of offenses which require principals to notify police: extortion of money or articles, possession of narcotics, arson or attempted arson (notify Fire Department), use or possession of alcoholic beverages, serious theft, serious vandalism, false reports of fire and bombs, possession of knife or other weapons, possession and/or sale of fireworks.

Upon inquiry, the principal will inform the teacher of the status of the case. The principal and the teacher will cooperate in the prosecution of the case upon request.

G. Suspension may result from any persistent disobedience that interferes with the well-being of other students or that prevents the teacher from carrying on normal class activities.

H. When in the opinion of the counselor his/her dissemination of a discipline decision will destroy or seriously impair the counselor/counselee relationship, the counselor will so inform the principal or his/her designee and request the principal or his/her designee to disseminate the discipline decision.

I. A continuous record of student discipline cases will be maintained in a place available for staff use as a basis for recommendations for suspension and intelligent administering of penalties for misdemeanors.

J. Where a principal is unwilling or unable to support teachers in maintaining school discipline, the principal’s superior shall counsel with him/her and in the event his/her performance is not improved further appropriate action shall be taken.

K. Principals shall report to the CEO and to the police all cases of assault suffered by teachers in connection with their employment in which injuries have been suffered or in which there appears to have been malicious intent. Upon request, a copy of the report will be given to the teacher.

In any reported assault case the Legal Affairs Office shall:

1. Inform the teacher of his/her rights under the law in connection with assault, and

2. Assist the teacher by acting as liaison between the teacher, the police, and the courts.

L. A child who assaults a teacher will be suspended. Age and size of the offender will be taken into consideration.

When the parent/guardian of a student assaults a teacher, the student shall be transferred to another school.

If requested by the teacher, the District shall expedite the immediate transfer of the teacher to another school where a vacancy exists for which the teacher is certified. If no vacancy exists, the teacher may request CTAL status.

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M. It is recognized that, in developing responsible student conduct the positive disciplinary techniques of example, counseling, and guidance should take precedence over punitive disciplinary measures.

In this regard, this Agreement provides for communication with parents on matters of discipline, safety, and other local school regulations (Article XI, Section C.), and Union-sponsored workshops on classroom management

(Article XVIII, Section G, fifth paragraph).

It is general policy to expect that teachers will maintain discipline by means other than the use of corporal punishment. Therefore, use of corporal punishment as a routine measure is not contemplated.

This policy does not prohibit corporal punishment (as provided by Chapter 15, School Code of 1955, Section 755, et. seq.) but does restrict its use to those cases in which there is no adequate substitute treatment.

However, a distinction must be made between physical restraint, which is occasionally necessary to keep a young person from injuring himself/herself or others, and punishment, which is utilized to discourage repetition of misbehavior.

Punishment which, in the judgment of the CEO is more severe than that which might be administered by a reasonable parent; which is cruel or excessive; which is more severe than indicated by the