SECTION A: ADMINISTRATIVE RESPONSIBILITY AND AUTHORITY

1. The SPS's Board of Directors and its agents are legally responsible for the management of the SPS. Reserved to the SPS, therefore, is the exclusive authority to manage, determine and operate the educational program and staff, subject to this Agreement. Except as specifically and expressly covered and controlled by the language of this Agreement or federal or State laws and/or regulations, all matters relating to program, facilities, budget, personnel, and staffing shall be determined and administered by the SPS through the policies, procedures, and practices as it may select. This statement of SPS authority shall be deemed the equivalent of a detailed enumeration of all respects in which the authority may properly be exercised.

2. The SPS and its employees share the common purpose of maintaining and improving the performance of the SPS in serving students and in managing resources effectively and prudently. School staffs will have a key role via site-based, decision-making activities and committees in developing Academic Achievement Plans, developing building budgets, performing staff development, and hiring of staff for the buildings.

SECTION B: NONDISCRIMINATION RIGHTS

There shall be no unlawful discrimination against any employee or applicant for certificated employment by reason of race, creed, religion, color, marital status, gender, sexual orientation, age, disability, national origin, or because of their membership or non-membership in employee organizations or in their exercise of other rights including union representation under Chapter 41.59 RCW. Sexual harassment is recognized to be a form of unlawful sex discrimination.

1. The SPS is committed to treat all sexual harassment complaints with respect and confidentiality regarding the personal privacy of all concerned parties.

2. Retaliatory action against anyone filing a complaint of sexual harassment is strictly prohibited.

3. There shall be no discrimination against any employee in respect to assignment, promotion or condition of work due to high position on the salary schedule.

SECTION C: REPRESENTATION RIGHTS AND DUE PROCESS

1. An employee who has received a communication from his/her supervisor indicating deficiencies requiring improvement, at his/her request shall be entitled to have a representative of the SEA or legal counsel present at subsequent meetings with his/her supervisor when the elements of the initial communication are to be considered. Once representation is requested, the discussion of the matters communicated shall not continue until representation is present, provided, however, the meeting/interview shall not be delayed more than seventy-two (72) hours unless both parties agree to an extension of time limits.

2. Weingarten Rights: Employees have the right to request union representation in all meetings or interviews which may lead to disciplinary action. The supervisor shall grant the employee's request to be represented by the SEA; provided, however, the meeting/interview shall not be delayed more than seventy-two (72) hours unless both parties agree to an extension of time limits.

3. The Annual Performance Evaluation and evaluation conferences conducted by the building principal/program manager or supervisor in the evaluation process are specifically excluded from these provisions, except that subsequent discussions of the evaluation following the receipt of the written evaluation may involve representation pursuant to these provisions.

4. Any complaint not called to the attention of the employee in a timely manner may not be used as the basis for future disciplinary action or adverse evaluation against the employee. Any written complaint or record of a complaint made against an employee must be called to the attention of the employee within ten (10) working days of the time the complaint/record was made.

5. No employee shall be disciplined without just and sufficient cause. A process of progressive discipline will be used. Progressive discipline includes, but is not limited to, oral warning, written warning or reprimand, suspension and/or termination as appropriate to the circumstances. The SPS may bypass the steps of the progressive discipline process in any situation because of the seriousness of the employee conduct that constituted just cause for discipline. Any disciplinary action, except an oral warning not documented or recorded in the employee’s personnel file, shall be subject to the grievance procedure including binding arbitration. The specific grounds forming the basis for disciplinary action will be made available to the employee in writing. This section shall not apply to matters covered by statutory due process procedures.

6. Employees may be placed on paid administrative leave only when the safety of the employee, students or other employees would be at risk by allowing the employee to remain on the job or the SPS is investigating issues related to alleged misconduct or similar serious concerns. Alternatives to placing employees on administrative leave will be explored and considered whenever possible. The parties agree that delays in returning employees to work are costly to the SPS and to the employee’s ability to return to his/her work. The SEA will be notified of the consideration or decision to place an employee on administrative leave at the earliest possible time. In addition the SEA and SPS can mutually agree to place an employee on administrative leave in exceptional cases.

SECTION D: EMPLOYEE PERSONNEL FILES

1. There shall be only two files established for maintenance of employee records. The official personnel file, secured at the SPS office and the working building/program file secured at the building/program.

2. Exceptions to this are temporary investigation/probation files that are created by the Human Resources or legal department while there is an active investigation/probation being conducted. At the conclusion of the investigation the findings of the investigation will be put into writing, and provided to the employee along with supporting documentation if requested by the employee.

3. If the investigation exonerates the employee, HR will retain a form document that indicates a complaint was made and found not to be meritorious. All other materials and notes will either be destroyed or SPS and SEA will have a discussion why or why not the documents should be retained by the SPS.

4. If the investigation has resulted in discipline or a referral to other agencies, HR or Legal will maintain the supporting documents until the conclusion of any appeals. If the employee is exonerated the materials will be destroyed. If the complaint is found valid, the SPS will maintain the relevant supporting documents, final investigation report and the decisions, if any, of outside adjudicators.

5. The limitations in this section shall not be applied in a manner that would require the SPS to violate State or federal law.

6. Materials placed in the employee's SPS personnel file after the employee's employment is approved by the Board are available for review by the employee under the rules, regulations, and procedures of the SPS.

7. All materials related to an employee's evaluation, discipline, or complaints held at the work location, except for the building copy of the formal evaluation, shall either be transferred to the SPS personnel file or shall be destroyed at the end of the work year, except that the observation report form (see Appendix J and J2) for those employees determined to be unsatisfactory and/or in need of improvement or a performance improvement plan may be retained in the building until the employee's performance has improved as set forth in the observation report form. However, observation report forms for those employees determined to be in need of improvement may not be retained at the building beyond twelve (12) months following the completion of the next school year's performance evaluation.

8. College/university credentials that are confidential shall be handled as directed by the college/university after employment is approved by the SPS Board.

9. Materials reviewed by an employee and judged by the employee to be derogatory to his/her conduct, service, character, or personality may be:

a. Answered and/or refuted by the employee in writing. The written response shall be permanently attached to the materials and shall become a part of his/her written personnel records.

b. Pursued by use of the grievance procedure.

10. Material judged through the grievance procedure to need adjustment shall be modified or removed as appropriate.

SECTION E: ACADEMIC FREEDOM

1. The exercise of full rights of citizenship is guaranteed by the SPS for employees. Toward that end the employee must be free to think and to express ideas, free from undue pressure of authority, and free to act within his/her professional group. The freedom must be unrestricted except as it conflicts with the basic responsibility to utilize properly the current SPS authorized course of study and SPS rules and regulations which each member of the profession must accept.

2. The principle of academic freedom for employees shall not supersede the basic responsibilities of the employee to the education profession. These responsibilities include:

a. A commitment to support the Constitution of the United States;

b. A concern for the welfare, growth, and development of children; and,

c. An insistence upon objective scholarship.

3. The professional staff shall assist in designing the curriculum, in conformity with the laws of Washington and the rules and regulations of the State Board of Education.

4. Free interchange of ideas leading to clearer understandings at the maturity level of pupils must be expected as a part of effective teaching. Any challenge of members of the professional staff relative to the use of educational materials on the basis of suitability, upon their presentation of ideas involving morality or patriotism, or upon their literary merit, shall be resolved through utilizing established administrative channels.

5. No single instructional philosophy or technique is prescribed by the SPS for the instruction of a Special Education student.

6. The SPS agrees to conform to the School Board policy concerning ownership provisions of copyright materials.

SECTION F: CLASSROOM CONTROL

1. The SPS shall support and uphold employees in their efforts to maintain a sound learning environment. Using professional judgment the employee shall request assistance if a student substantially disrupts the classroom environment and shall provide written information/requests for assistance as required. It shall be the responsibility of the appropriate administrator to provide assistance in an immediate or timely fashion consistent with the circumstances.

2. Consistent with SPS discipline procedures, the principal and certificated employees of each building shall confer at least annually for the purpose of developing, or reviewing, or both, building discipline standards and the uniform enforcement of those standards. (WAC 180-40-225(1b)

3. Employees are required by law to maintain a suitable environment for learning, and administrators have the responsibility for maintaining and facilitating the educational program. A student who by his/her behavior is substantially disrupting the classroom environment may be removed from a class pending action by the SPS, subject to the provisions of SPS regulations and procedures in accordance with State law and Chapter 180-40 WAC. Students shall be removed from the classroom only for the violation of established rules as set forth in the SPS Statement of Rights and Responsibilities, the laws of the State of Washington, Washington Administrative Code Chapter 180-40, or the rules and regulations of the SPS and the Federal Government.

4. A student may be removed immediately from a class, subject or activity by a certificated teacher and sent to the building principal/program manager or other designated school authority provided the teacher has good and sufficient reason to believe the student's presence poses an immediate and continuing danger to the student, other students, or school personnel or is an immediate and continuing threat of substantial disruption of the class, subject, activity or educational process of the student's school, according to Chapter 180-40 WAC as now or hereafter amended.

5. The student shall remain out of the class, subject or activity only until the danger or threat ceases or until the building principal/program manager or other designated school authority acts to impose discipline or short-term suspension, initiates a long-term suspension or expulsion, or imposes an emergency expulsion.

6. The building administrator will utilize written recommendations from employees in his/her deliberations relative to potential student classroom suspensions and expulsions.

7. When a student is returned to school following temporary removal or suspension from school or from a class, subject or school activity, the administrator, in consultation with the employee(s), shall specify in writing the conditions, if any, for the student to return.

8. Prior to the time the student is returned to the class(s), subject(s) or activity(s), the building principal/program manager or school authority shall notify the teacher who removed the student of the action which has been taken or initiated.

9. Parents and/or guardians shall be adequately informed of the classroom behavior of their children so they may take corrective measures where necessary.

10. The SPS will continue to provide classes and programs for students who are unable to profit from the regular educational program.

11. All visitors shall obtain the approval of the principal/program manager or his/her designee, prior to entering a classroom. The principal/program manager will contact the employee regarding the pending visit and will respect a request to postpone the visit if the timing would be disruptive to the activity taking place at the time. Visitors will be encouraged to contact the teacher to schedule the visit. Each school shall develop a plan to accommodate visitors during the spring assignment process. Prior to the adoption of the plan, the principal/program manager shall seek input from staff and parents. This does not apply to classroom visits by SPS personnel.

SECTION G: EMPLOYEE PROTECTION

1. If the principal/program manager is aware of information about students who evidence behavior(s) that could present a safety problem to the students or staff, he/she shall pass this information along to the classroom teacher, and other non-supervisory certificated staff who regularly work with the students as long as the dissemination does not breach any legal requirements concerning confidentiality. This requirement may be waived if there are specific legal restrictions on the ability of the SPS to inform the staff.

2. Employees have the right to call 911 in emergency or threatening situations. After making the 911 call the employee will notify the supervisor or identified emergency building contact should the supervisor be out of the building. Principals/supervisors will notify the staff of the person (s) to contact when they are leaving the worksite.

3. Employees shall be trained by the SPS prior to being assigned to insert catheters or perform other required medical procedures.

4. Employees shall be trained by the SPS prior to being assigned to dispense medication. All dispensing of medication will be in accordance with the law.

SECTION H: SAFETY AND SECURITY

1. The SPS and the SEA are jointly committed to providing quality educational programs in a warm, open, supportive environment which protects the safety and security of all students and staff. The parties also agree that an optimal teaching and learning climate for staff and students requires that the SPS ensure that there are policies and procedures, including student discipline procedures, to make certain that schools are safe and those sanctions can be upheld during due process hearings. Students who bring and use weapons and dangerous devices or who physically touch school staff in a manner that is designed to threaten, intimidate, and harm staff must be dealt with immediately through consequences, interventions, behavioral training and in some cases, mandatory treatment.

2. The SPS currently has in place a number of programs and procedures that have been designed to identify, sort, and direct resources to potentially dangerous students. These programs and procedures provide a wide range of effective interventions and sanctions to maximize staff and student safety, while maintaining student due process rights. These programs and procedures include:

a. Central Intervention Team (CIT): The CIT is a team of multidisciplinary members comprised of representatives from school psychologists, special education, safety and security, legal, student assignment, ombudsman, nursing, school officials, and staff who know the student best. The CIT takes referrals from schools regarding difficult to manage and/or dangerous students. At the conclusion of the CIT, a plan is developed for dealing with the dangerous or problematic student.

b. School Threat Assessment Team (STAT): The Threat Assessment Team, within the Safety and Security Department, becomes involved when administrators are concerned about a student’s safety. School administrators request STAT services when a student makes a direct and credible threat to do lethal harm, exhibits behaviors that cause sufficient concern that a student may pose a significant threat or is sexually aggressive or sexually inappropriate despite intervention/sanctions.

c. Risk Assessments: Potentially assaultive or dangerous students are given risk assessments. These assessments are designed to identify the circumstances and variables that are known to be correlated with youth violence and aggression as well as to assist SPS staff in developing a case management plan. Risk assessments must be completed by a SPS-approved mental health provider trained in risk assessments.

d. Safety Plans: Safety plans are developed by the SPS in order to maximize safety and reduce fear. The development of these plans includes input from school administrators, affected staff, students, and parents/guardians. If the Safety and Security Department is involved in the Risk Assessment, then the department, in consultation with the General Counsel’s Office, will be involved with the creation and implementation of the Safety plan. The Safety plans are designed to change variables found in the risk assessment that affect social, emotional and behavioral factors and promote safety for staff and students. These may include a range of interventions such as, but not limited to, social skills training, daily backpack checks, or transfer to another school.

e. Emergency Exclusion for Safety Reasons: A student may be placed on Emergency Exclusion during continuing investigation and risk assessment. This Safety Exclusion is not disciplinary but is a response to lethal and dangerous behavior. The Safety Exclusion continues until the danger is abated and may be re-instituted if the student does not follow the safety plan.

3. Whereas, the SPS and the SEA continue to support a policy of “no tolerance” for weapons, dangerous devices and assaultive behaviors and continue to support the use of expulsions from the school as an appropriate sanction for violations of the weapons policy. However, there are legal limitations to the ability to expel in every case, including particularly in cases of first offense for possession of weapons other than firearms in the absence of any exceptional circumstances.

a. Establishing a Safe Environment - To achieve the above, consistent with student due process and other legal requirements, the parties agree to:

1) collaboratively develop improved security procedures,

2) expand training opportunities for all staff, and

3) engage in cooperative problem solving to strengthen the working relationships among the administration, staff, students, and the community.

b. Weapons.

1) Possession or use of weapons, explosives, firecrackers, illegal knives, or other items capable of producing bodily harm is prohibited.

2) Possession of Dangerous Device or Weapon Other Than Firearm: The normal penalty for possession or use of any weapons or dangerous devices will continue to be expulsion, except in the limited circumstances involving a first offense for the possession of an ordinary knife or other SPS defined weapon where there are no exceptional circumstances present and a sanction less than expulsion is necessary to comply with student due process rights. On the other hand, when a student uses a weapon or dangerous device, it is considered an exceptional circumstance and schools may proceed to expulsion without regard to progressive discipline

3) Items That Appear To Be Weapons: The normal sanction is expulsion when a student uses any item that appears to be a weapon, is used by the student/aggressor as a weapon and the victim reasonably believes it to be a weapon.

4) The normal penalty is emergency expulsion and other appropriate sanction for any student who commits a serious assault.

5) Serious assaultive behaviors are defined as either physical assaultive behavior (purposeful assaultive, aggressive behavior, with intent to do serious harm), or verbal assaultive behavior (racial threat or threat to do physical harm, either student-to-student or student-to-staff).

6) The emergency expulsion will continue if the principal or designee, in consultation with directly affected staff, has good and sufficient reason to believe the student's presence poses:

a) an immediate and continuing danger to employee(s), a student, other students, or school personnel; or

b) an immediate and continuing threat of substantial disruption of the class, subject, activity, or educational process of the student's school.

4. Repeat Weapons and Serious Assault Offenders: Repeat offenders relating to weapons and or serious assaultive behavior will be expelled from their school, not from the SPS.

5. An employee will not be expected or required to provide emergency treatment in situations involving weapons if the employee has a reasonable belief the scene/area is not safe or secure.

a. Consequences

1) The standards for weapons and dangerous devices and serious assaultive behavior apply to all students. Students expelled for weapons possession and/or serious assaultive behavior will be referred to the appropriate SPS office for:

a) Referral to a behavior modification program, if available.

b) Support and intervention services, as appropriate, if available.

c) A temporary school assignment.

d) A new school assignment.

2) The SPS will track these students when they request readmittance after successfully completing a behavioral modification program.

3) The SPS will reassign these students on an even basis across the SPS in appropriate individual schools and classrooms when they are readmitted to a regular school, unless there are extenuating circumstances.

4) The SPS will provide the principal and SEA written reasons for the extenuating circumstances.

5) The principal will be responsible for distribution to impacted staff.

6) The principal or designee will immediately and thoroughly investigate oral and/or written reports regarding weapons, explosives and firecrackers and/or assaultive behavior.

7) The principal or designee will take prompt and reasonable action to protect employees and students and their property.

8) The principal or designee will report all incidents of weapons possession and/or serious assaultive behaviors to Safety & Security.

9) The student’s parents or guardians will be promptly informed of the incident.

10) Students who have been expelled for offenses relating to weapons or serious assaultive behaviors must participate in and successfully complete an approved behavioral modification program prior to readmittance to a new regular Seattle Public School.

11) Every effort will be made to secure involvement and support of a parent, guardian or responsible adult.

12) The enrollment of juvenile sex offenders shall be in schools where victims or victims’ siblings are not in attendance.

13) SPS policy regarding gangs on school grounds will provide for student suspension and/or expulsion.

b. Special Education: In the event a Special Education student is emergency expelled for misconduct related to the disability, the SPS, if necessary:

1) Will file in the appropriate court a petition for a temporary restraining order and preliminary and permanent injunctions asking that the court authorize continued exclusion from school pending consideration of appropriate placement.

2) Receiving certificated employees will be immediately given all information properly available concerning students expelled for weapons, dangerous devices, or serious assaults, including the intervention and behavior modification program or equivalent, related to the weapons/suspension prior to admittance to classrooms.

6. Disruptive Non-students: The SPS will recommend to the appropriate prosecuting attorneys that any individual on school premises under the influence of alcohol or who has possession of drugs or other non-prescribed narcotic substances and/or who physically or verbally abuses or intimidates or interferes with an employee performing his/her duties will be prosecuted to the fullest extent provided by law.

7. Hearing Officers: The SEA and the SPS annually will jointly review and evaluate hearing officers.

8. Searches: Bargaining Unit employees will not be required to search a student, a student’s possessions, or a student’s locker. Employees may be assigned to supervise other students while search is in progress.

9. Health and Safety Needs:

a. The August 21, 2003 Memorandum of Understanding Establishing a Joint Health and Safety Committee will remain in effect for the duration of this Agreement.

b. The SPS shall provide a safe and healthy workplace per State law, WAC 296-24-020.

c. Teaching stations shall be equipped for the purpose of communicating in emergency situations.

10. HIV/AIDS, Hepatitis B Training and Inoculation Requirements:

a. The SPS will advise the SEA of those employee groups which will receive special Hepatitis B training and who will be offered pre-exposure inoculations.

b. The SPS will provide HIV/AIDS - Hepatitis B training as required by law.

SECTION I: NO REPRISAL FOR DISCLOSING MISDEEDS

The SPS agrees to abide by the SPS Whistleblower Policy; however, in the event an employee decides to pursue the matter in court, the employee shall not have access to the grievance procedure herein, or the SPS's appeal procedure, in addition to court proceedings. It is the intent of the parties that the employee has the right to select one avenue of resolution.