SECTION A: LENGTH OF SCHOOL WORKDAY

1. The standard working day in the building or on site for classroom teachers and non-teaching certificated non-supervisory employees shall begin thirty (30) minutes before the beginning of the student day and shall not be more than seven (7) hours total for secondary schools and six and one-half (6.5) hours total for elementary schools, exclusive of the one-half hour (30 minute) duty-free lunch period, and shall include Preparation-Conference-Planning time. The Preparation-Conference-Planning time shall not be scheduled during the thirty (30) minutes preceding the student day or the thirty (30) minutes following the student day. These standard working day schedules would not necessarily hold for schools where staff and administrators have developed and arranged special variations in curriculum, instructional methods and staff organization.

2. Employees will be expected, in addition to performing duties during the regularly scheduled on-site hours, to participate in activities and to perform duties related to the functioning of the total school, such as faculty meetings, organizational meetings, the guidance and counseling of students, parent contacts and meetings, and those duties associated with school activities not covered by currently stipended positions.

a. These duties may be performed at irregularly scheduled times and shall be divided equally among all employees in a building.

b. Participation in faculty, instructional council, departmental, team/grade level, safety, and technology meetings, will not exceed one hour outside the defined workday unless mutually agreed upon by the participants. Building scheduled faculty meetings (emergencies excepted) shall not exceed one per week.

c. Employees with compensated special or supplemental assignments shall increase their workday on or off the site to fulfill their supplemental responsibilities.

3. Employees who report to a staff organization and/or are assigned to and maintain an office in the John Stanford Center or one of its branches will be on duty for eight (8) hours. This category includes employees in programs such as Curriculum and Instruction, School to Work Program, Bilingual Education, Special Education, Special Programs, and whose responsibility is primarily support for the classroom teacher or school staff as a consultant specialist, instructional coach or other similar titles.

4. Certificated personnel who are assigned to a school building on a part-time basis, temporary and/or substitute certificated non-supervisory employees are expected to conform to the normal workday as defined above in the assignment to which they are placed.

5. Exceptions to Items 1, 2, 3 and 4 above may be granted for SEA activity or, at the discretion of the building principal/program manager, for attendance at professional activities or for urgent personal business. Other employees who do not work in the school setting may arrange with the immediate supervisor to attend to similar activities.

6. Visitations by employees to the homes of their students shall be at the option of the employee, with the approval of the building principal/program manager.

SECTION B: EMPLOYEE LOAD

1. Elementary teachers will be assigned by the building principal/program manager to combination or split grades as required by the actual student enrollment in a specific school. An employee will be assigned to a combination or split-grade class by the building principal/program manager only after discussion with the employee regarding the necessity of the assignment.

2. In the process of organizing elementary school classrooms at the beginning of the school year, the basic class size in combination or split-grade assignments shall be at least one (1) less than the average class size limits of those combined grade levels for a particular school. This doesn’t apply to staff who make the choice to split with a co-teacher or multi-age classrooms (where the building has adopted that mode of instruction in whole or part).

3. Combination or split-grade assignments as differentiated from multi-age organization shall not be given to beginning teachers (first year in teaching).

4. The SPS will consider as a reasonable maximum, secondary teacher assignments of no more than three (3) different curriculum course preparations in no more than two (2) subject fields. To the extent possible departments will balance the number of preparations between employees and avoid piling on large numbers of preps and subject matters on teachers new to the profession.

5. Variations to the above conditions shall be made by the building principal/ program manager after discussion and mutual agreement between a teacher, an affected grade level, a department, the certificated teaching staff (faculty) or the BLT/Instructional Council. The written record of the arrangement shall be retained on file in the school office and shall be binding on all affected parties for one semester/year as appropriate.

6. Employees who are assigned to two (2) buildings shall be scheduled in such a manner as to provide a thirty (30) minute duty-free lunch period plus necessary travel time between buildings. Mileage allowance shall be provided for travel between the two work locations pursuant to Article VII,D of this Contract. The employee shall keep a mileage report. One building is to pay for the mileage accrued for the first half of the year and the second building pays for the mileage accrued the last half of the year, unless the affected principals agree to alternate means for the reimbursement.

7. When the need is mutually agreed upon between the building principal/program manager and the employee, employees who are transferred from one work location to another during the school year shall be provided with one (1) work day to vacate and relocate before the assignment is to begin, except when the transfer occurs at semester times.

SECTION C: PREPARATION-CONFERENCE-PLANNING TIME

1. All teachers shall plan with the building administration in their schools to organize their work day to include Preparation-Conference-Planning (PCP) time. Elementary teachers shall have a minimum of 150 minutes per week of PCP time within the employee workday. All secondary teachers shall plan with the building administration to have PCP time to the equivalent of one (1) full class period per day. The PCP time shall not be scheduled during the thirty (30) minutes preceding the student day or the thirty (30) minutes following the student day. The faculty representative organization shall be responsible for working with building administration to develop plans for PCP time when the faculty delegates this responsibility.

2. The primary purpose of PCP time periods in elementary, middle and secondary schools is for the individual teacher to prepare, plan and conference; however, PCP time shall also be used for period conferences, departmental meetings and other cooperative group planning.
3. Teachers on a part-time contract shall be entitled to prorated PCP time in a ratio equal to the percentage of time they work.

4. PCP time for teachers scheduled to teach two (2) half-day kindergartens is to be at least 150 minutes per week excluding a 30-minute duty-free lunch and the 30 minutes before and after school as required by law.

5. Preparation-Conference-Planning (PCP) teachers may be assigned on an itinerant basis.

SECTION D: CLASS-SIZE & STAFFING RATIOS

1. SPS Averages and Building ranges: The SPS recognizes that a reasonable school class-size ratio is desirable. However, any application of a rigid numerical limitation on class size within schools restricts the staff and the building principal/program manager in their flexibility in seeking an ideal learning environment. The SPS and SEA believe that class-size ratio must reflect individual school needs and unique problems. Staff and building administrators are encouraged to develop cooperatively and to explore continually special variations in curriculum, instructional methods and staff organization to endeavor to achieve an optimum for instruction in their school.

2. However, the SPS will maintain the following SPS-wide averages and building ranges:

a. Maintain an average SPS ratio of students to full-time equivalent teachers at no more than 26:1 for grades K-3, 28:1 for grades 4-5, and 150:1 for grades 6-12 (when grade 6 is conducted using a secondary model), exclusive of Special Education and Bilingual.

b. Elementary Class Size Building Ranges: The SPS will take actions to limit class size to a building range of 28 or less for grades K-3 and of 32 or less for grades 4-5; the same building ranges shall apply to self-contained programs except Special Education and Bilingual. In the event that the maximum number in either range is exceeded in a building, the SPS shall provide relief in the form of additional certificated non-supervisory staff.

c. Weighted Student Formula: SEA will be an active participant in the development of the Weighted Student Formula and budget allocations to buildings. SPS shall make all final decisions with respect to the Weighted Student Formula and budget allocations to buildings as per Article III, General Rights and Responsibilities.

3. Elementary/Secondary Regular Programs:

Elementary and Secondary Class Size Ratios: In implementing the objectives of quality instruction and in order to properly deal with the challenges of discipline, counseling and instruction, the SPS shall maintain a class-size ratio of students to full-time equivalent classroom teachers at no more than the following:

a. Secondary Class Size: Take actions to limit class size to thirty-two (32) students for core classes in grades 6-12 (28 for grade 6 when the site uses an elementary model for grade 6). These limits would not necessarily hold when staff have, through their decision-making process, adopted a whole school model that results in a variation in curriculum, instructional methods and staff organization. An example would be the adoption of a block schedule. The appropriate executive level administrator will be notified by the building principal/program manager of assignments which exceed the guidelines to address the overload. The preferred solution is to reduce class size to the negotiated levels. Failing that option, other assistance may be identified in consultation with and agreement between the appropriate executive level administrator, principal and the impacted teacher, the SEA representative may be involved in this discussion. The individual teacher will be compensated for any days after October 1 during which he/she has an overload.

b. Secondary Daily Limits: Maintain a staffing guideline of 150 students per teacher per day (when using a block or modified schedule, the total students served by a teacher each week would be 150), with the exception of special classes and programs where the individual class size has been exceeded in grades 6-12. The appropriate executive level administrator will be notified by the building principal/program manager of assignments which exceed the guidelines. The preferred solution is to reduce class size to the negotiated levels. Failing that option, other assistance may be identified in consultation with and agreement between the appropriate executive level administrator, principal and the impacted teacher. The SEA representative may be involved in this discussion. The individual teacher will be compensated for any days after October 1 during which he/she has an overload.

c. Class size for non-core classes will be limited by space, safety, equipment needs, ability to supervise, and effective instruction. If non-core classes have been incorporated into an integrated/cluster curriculum, then class-size limits could apply. The principal will consult with staff in departments offering non-core classes concerning these issues. If requested by the teacher, the SEA representative may be involved in this discussion.

d. Elementary Class Size Individual Classrooms: Take actions to limit individual regular academic class size for grades K-3 to twenty-six (26) and for grades 4-5 (and grade 6 when operated in an elementary model) to twenty-eight (28). These limits would not necessarily hold when staff have, through their decision-making process, adopted a whole school model that results in a variation in curriculum, instructional methods and staff organization. In situations in which the limit is exceeded in a regular class in grades K-3 by two (2) students or in grades 4-5 by four (4) students, following the October 1st enrollment count the SPS will address the overload. The preferred solution is to reduce class size to the negotiated levels; failing that option other assistance may be identified in consultation with and agreement between the appropriate executive level administrator, principal and the impacted teacher. The SEA representative may be involved in this discussion. The individual teacher will be compensated for any days after October 1 during which he/she has an overload.

e. Maintain staffing in special programs for students with disabilities at levels to provide exceptional children an opportunity to achieve to the best of their ability. Staffing guidelines for various programs will be in conformity with the students' educational needs, State standards and State funding.

f. When possible, IEP identified students will be assigned in a way that results in an equitable apportionment, with special consideration for the nature and extent of the disability, among the classroom teachers at each school.

g. As soon as relevant information about an IEP student is received by the SPS’s Special Education office and the school, it will be shared with the teachers to whom that student is assigned.

SECTION E: ELEMENTARY SPECIALISTS

1. The SPS recognizes that specialists, such as those for music and physical education, provide instruction at the elementary level which is beneficial to the instructional program.

2. In order to provide increased specialization in physical education, music, or other subject matter areas at the elementary level, while at the same time providing for quality program and schedule flexibility, Elementary Specialists will be assigned no more than (40) sections per week to provide for the 150 minutes per week allocated to classroom teachers as Preparation-Conference-Planning (PCP). If a school provides more planning time for classroom teachers, the cost of doing so is the responsibility of the building.

3. To promote equity between classroom teachers and Elementary Specialists, class size for Elementary Specialists shall be subject to the same limits as for all other classroom teachers as specified in Article IX, Section D,3,d of the Collective Bargaining Agreement. When creating building schedules, schools must give consideration to the daily schedule of the Elementary Specialist including Preparation-Conference-Planning time and recess, if applicable.

SECTION F: SPECIAL EDUCATION STAFFING RATIOS AND RELIEF

1. The parties recognize the complexity and dynamic nature of Special Education staffing due to the ever-changing composition of the student population served, the extensive legal regulation of program requirements, the incidence of mid-year referrals, the clustering of students, and the limitations of facilities, resources and funding.

2. In a good faith effort to quantify and stabilize Special Education staffing, the SPS agrees to the staffing arrangements set forth below. At the same time, the SEA acknowledges that the SPS's Special Education programs do not lend themselves to immutable staffing formulas or inflexible staffing requirements.

3. The following continuum of service levels will be utilized by the SPS to reflect the number of students served per classroom teacher. It is recognized that staffing by school may actually be lower subject to local building options, severity of handicapping conditions, combination of conditions and/or of levels, and individual student service requirements. Both parties recognize that variations among different programs will exist where staff and administrators have developed and arranged special variations in curriculum instructional methods and staff organizations. Also, both parties recognize exceptions such as the presence of low incidence/high need students who may require the adjustment of staffing upward and that the presence of high incidence/low need students may allow for staffing adjustments downward. The following staffing guidelines will be used in schools as a means for staffing teachers in Special Education:

a. Resource room support for students spending the majority of the instructional day outside Special Education and requiring support in curriculum content, methods, pacing and/or strategies. Staffing: Elementary/Secondary 22:1.

b. Self-Contained support for students spending the majority of the instructional day in a Special Education classroom in one building and requiring moderate to significant modifications to curriculum content, pacing, methods and instructional strategies. Staffing: Preschool 12:1; Primary 13:1; Intermediate 14:1; Middle School 15:1; and High School 20:1.

c. Self-Contained Specialty class for students with severe handicapping conditions requiring full-day instruction in Special Education and very significant modification to curriculum content, methods, pacing, instructional strategies and/or requiring special adaptive devices. Staffing: Elementary/Secondary: 9:1:1. Beginning 2005-06 Elementary and Middle School EBD classrooms are staffed at 10:1:2.

d. Self-Contained Specialty class for students with exceptional complex disabilities requiring an intense level of service to modify curriculum, meet medical behavioral and physical needs. Students may require specific adaptive technology, medical interventions and/or supplemental adult supervision. Staffing: Elementary/Secondary 6:1:2 Beginning 2005-06 Elementary/Secondary will be staffed at 8:1:2.

4. There shall be a Task Force comprised of 4 representatives of SEA and 4 representatives of SPS. The task force will meet to determine how to address the range of needs and impacts of 4b classrooms to insure safety and effective learning environments. The task force will make its recommendations by February 28, 2005 to SPS and SEA. The task force will have access up to $250,000, beginning in 2005-06 to use to address its recommendations. The task force may consider different configurations or structures to meet the student and staff needs while living within the staffing guideline and SPS budget. Any unassigned funds will be placed in the DSU fund. Individual classrooms will continue to have access to DSU funds on the same basis as any other special education classroom or specialist. The task force will reconvene in March 2006 to review the effectiveness of the recommendations and suggest modifications as appropriate.

5. Where staffing situations at the building level are deemed by staff members to constitute an unjustified variation from the staffing guidelines, the staff concern and possible remedy shall be reviewed by the appropriate executive level administrator and the building staff.

6. The Direct Service Unit (DSU) Committee shall have two (2) functions:

a. Function outlined in Article IX, Section F,9 and,

b. To review and make recommendations concerning disputes arising from the operation of this program. The recommendations are not to affect or in any way obligate the use of monies in the Special Education Relief Fund. This process shall be the exclusive dispute resolution mechanism.

7. It is recognized that some students in Special Education may present severely aggressive, disruptive and/or acting out behaviors. In situations where the students pose a significant problem for classroom management and documentation is available as to the specific behaviors of concern--their intensity, their frequency, and interventions attempted--options for support shall be made available either by a school or SPS-based student support team upon written request by the classroom teacher. Options for relief to be considered, based on available resources and funding, include, but are not limited to:

a. Instructional support in the form of behavioral and intervention strategies;

b. Support for parent/family as appropriate;

c. Support from a SPS appointed Severe Behavior Disorder (SBD) Specialist;

d. Increased individualization of program/alternate placement.

e. Short-term Instructional Assistant assigned to that particular situation.

Any changes in services or program remain subject to IEP process requirements. It is recognized that the intent of this provision is to provide support to the classroom and not as a means for evaluating teachers.

8. Excess Cost Protection

a. The parties agree that the above guidelines are not intended to, nor shall they operate to, increase the SPS's costs above the costs which would otherwise be incurred by the SPS. In the event of such excess costs, the guidelines will be deemed inoperative, and the SPS shall so notify the SEA. The SEA may, by written notice to the SPS, demand that the SPS meet to negotiate new Agreement provisions. The SPS agrees to commence negotiations within ten (10) days of the receipt of the demand.

b. When special education teachers are asked to write IEP’s for substitute teachers and those IEP’s place the special education teacher over the WSF caseload limit, the special education teacher will be eligible for additional compensation within the substitute’s IEP allocation.

9. Special Education Relief Fund:

a. A Joint Committee for Special Education Direct Service Units (DSU’s):

b. A joint committee shall be convened each school year to review staff requests and make recommendations for expenditure of funds appropriated for the purpose of Article IX, Section F,6.

c. The Committee shall be appointed no later than 9/1 in each year and shall be composed of four (4) representatives appointed by the SPS and four (4) representatives appointed by the SEA. Beginning in September 2005 a special DSU meeting will be held within the first three weeks of school to address safety issues, if any, in Level 4B classrooms.

d. The Committee shall hold its first regular meeting by no later than 10/15 in each year and shall continue to meet on a prearranged schedule agreeable to the Committee members. However, the committee will meet outside of its scheduled meetings to provide relief to impacted staff and students as soon as possible.

e. Relief Funds: The SPS will provide a fund of: $450,000 for the school year. The purpose of the fund is to alleviate problems beyond regular baseline staffing in the area of Special Education self-contained/resource classrooms and to provide assistance when related services personnel have excessive caseloads. The following procedures shall apply for the identification of problems and recommendation of proposed resolution:

1) Problems associated with employee workload, as identified by a certificated non- supervisory employee serving students with disabilities, shall be first brought to the attention of the building principal/program manager.

2) If a solution is not achieved at the building level, the employee may, by no later than May 1 each year, refer the problem(s) to the Joint Committee.

3) Recommendations of the Committee shall be made to the appropriate administrator, with the final decision to be made by the Superintendent or designee.

4) All Committee recommendations for additional staff must be received by the appropriate administrator by May 15 of each year.

5) Costs associated with the final decision shall be paid for from the DSU fund.

10. Information provided to assist staff in meeting student needs:

a. A handbook of administrative guidelines of SPS rules, regulations, and procedures will be maintained and modified as appropriate by the SPS, utilizing recommendations from a SPS-wide Special Education Committee which shall be representative of each Special Education category.

b. In order to facilitate the educational assessment and programming of students with disabilities, and to provide health/medical and legal safeguards for the students and employees, the following information shall, to the extent possible, be made available within the receiving building prior to student placement:

1) Student Services Assessment Report and Summary;

2) Medical records;

3) Specialized Education Services Report(s), if applicable;

4) Parent Appraisal;

5) Student's initial and current IEP’s;

6) Former educational program and social information; and,

7) Notice of any critical condition.

SECTION G: COVERING CLASSES AND SUBSTITUTE TEACHER REBATE AND REIMBURSEMENT

1. Requests initiated by the building principal/program manager or his/her designee to cover classes not regularly assigned may be made only as deemed necessary by the building principal/program manager or his/her designee in emergencies when arrangements for regular substitute teachers cannot be made, either because of a time factor or unavailability of a qualified substitute teacher. See Section 4 below, Substitute Teacher’s Rebate and Reimbursement, for details regarding substitute rebate and reimbursement when a substitute teacher is not available and another teacher or teachers in the building cover the absent teacher’s class or classes.

a. Arrangements for class coverage may be made between employees with the approval of the building principal/program manager.

b. To facilitate specific professional programs, arrangements to utilize other staff members to cover classes may be initiated by the staff with approval of the building principal/program manager.

2. Practicum students and non-certificated personnel may be used to cover classes only in emergency situations as described in Section G, Item 1 above. Except in unusual circumstances, practicum students and non-certificated personnel shall not cover classes other than those to which they are regularly assigned. In exceptional situations, the building principal/program manager or his/her designee shall make the decision for an arrangement and shall accept ultimate responsibility.

3. No Special Education teacher shall be required to teach a program for which he/she does not have the appropriate training and/or experience as determined by the SPS.

4. Substitute Teachers Rebate and Reimbursement: The SPS shall rebate to each building/program/office a sum equivalent to a substitute teacher’s daily rate of pay for each occurrence during the school year that the SPS is unable to provide a substitute teacher to a building/program/office which has, following the normal process, notified the Substitute Services of their need for substitute services. The rebate shall be provided to affected buildings/program/offices on a quarterly basis.

5. Each building will have an emergency substitute process in place that equitably distributes the responsibility for covering teaching assignments when a substitute teacher is not available. Each school will determine a reimbursement policy for SEA-represented non-supervisory certificated staff substituting for other SEA-represented staff consistent with the following guidelines:

For certificated non-supervisory staff substituting for other certificated non-supervisory staff:

a. All schools will determine a reimbursement policy for substituting based on the daily rate of pay for a substitute. Building staff will, through the building decision-making process, determine pay based on blocks of time, such as periods, the entire day, or percent of a class. Reimbursement will not be based on an hourly rate of pay.

b. This compensation is similar to the stipend for additional duties.

c. The building staff may determine if a stipend will be paid out of the money reimbursed to the building for bookkeeping with in a building.

d. Based on the school’s reimbursement policy, staff who substitute when a regular substitute teacher is not available shall complete a Certificated Substitute Reimbursement Form on a quarterly basis.

For certificated non-supervisory staff when a paraprofessional substitute is not provided:

The certificated staff will be reimbursed at the rate of pay for a paraprofessional substitute

6. A Certificated Substitute Reimbursement Form will be completed on a quarterly basis.

SECTION H: SCHOOL FACILITIES, TEACHING STATIONS AND ITINERANT WORK SPACE

1. Employees shall serve only in properly maintained, adequate facilities which provide standard heating, ventilation, and lighting. The facility shall meet all health and safety standards for employees.

2. When it is necessary to assign employees to relocatable structures (portables), the building principal/program manager will discuss the assignment with the employee.

3. Kindergarten classes shall not be assigned to relocatable structures unless the facility is specifically suitable for the classes. The determination shall be made by the building principal/program manager after discussion with the faculty and the affected kindergarten teachers.

4. Classrooms that are used for eating areas at lunch due to no central feeding location at the school site will be cleaned daily.

5. Movement of Employees Within the Program

a. In assigning classrooms and teaching stations, an employee shall not be assigned to more than two (2) teaching station assignments nor be required to "float" for two (2) consecutive years without agreement by the employee and the building principal/program manager.

b. Assignment to more than one (1) teaching station shall be made in accordance with the following conditions:

1) For educationally sound reasons, such as implementation of flexibility in programming;

2) With as little disruption to the instructional program and personnel as possible.

c. With classrooms between which the employee must travel to be located as conveniently near one another as possible. Whenever possible, the SPS shall make the following provisions for the "floating employee":

1) Adequate storage in each classroom in which the employee works, e.g., file and desk drawer, table with drawers, or a section of a cabinet;

2) Equipment and materials located within each room, e.g., books, basic laboratory equipment, and audio-visual equipment so only the employee must move;

3) A private desk and file cabinet for the "floating employee" away from students, not necessarily in an individual office, but some place where only building staff members are admitted.

6. The SPS shall provide a teaching station for the itinerant teaching personnel with required equipment and in an appropriate location as determined in consultation among the employee, supervisor and building principal/program manager.

a. Student Service personnel and itinerant Special Education personnel shall be provided an adequate working space for each particular building.

b. The working space shall be reserved for the personnel during the time they are regularly scheduled into the building.

c. The needs for privacy and/or the protection of materials shall be met.

d. The employees shall be provided access to a telephone where private conversations are possible.

e. After discussion with the employee, the building principal is responsible for making these arrangements. The building principal and the program manager will work to resolve conflicts regarding space.

SECTION I: KINDERGARTEN INSTRUCTION

1. All kindergarten teachers shall be provided Preparation-Conference-Planning (PCP) time consistent with Article IX,C of this Agreement.

2. All kindergarten teachers shall be provided with one (1) ten (10) minute break in the morning and one (1) ten (10) minute break in the afternoon. Time for the breaks shall be mutually agreed upon with the building administrator. Supervision of students within the class shall be provided during the breaks as arranged by the building administrator with the teacher.

3. The SPS shall strive to provide suitable kindergarten classrooms appropriately equipped for effective learning. Building principals/program managers and employees will discuss room assignments in the light of available facilities in the building as indicated in Article IX,H of this Contract.

4. Kindergarten teachers who are assigned to two (2) buildings shall be scheduled in such a manner as to provide a thirty (30) minute duty-free lunch period plus necessary travel time between buildings.

5. Kindergarten teachers assigned to two (2) buildings shall be provided one (1) full day of released time each month. The released time will provide the teacher an opportunity to remain a full day in one (1) of the buildings for the purpose of preparing instructional materials and for conferring with staff and parents.

6. The contract year for one-half (.5) day kindergarten teachers shall include one (1) teacher duty day without students present at the beginning and end of the academic year.

7. A teacher assigned to a split kindergarten/first grade class shall have only one (1) session of kindergarten in addition to the first grade.

8. The total number of minutes of instructional time shall be consistent for all half-time kindergartens and consistent for all full-time kindergartens throughout the SPS.

SECTION J: BILINGUAL EDUCATION

1. Bilingual Education programs shall have clearly defined goals, objectives and measurable achievements for the level of instruction.

2. Bilingual teachers shall cooperatively plan and hold appropriate meetings with SPS administrators regarding their programs.

3. Elementary Bilingual self-contained (BOC) students shall be included in total enrollment count for each building in determining staffing for clerical and PCP based on a school's enrollment.

4. The SPS will ensure that the SPS Bilingual staffing level, when compared to the statewide average Bilingual staffing level, will be no less than the relationship of the SPS regular program staffing level compared to the statewide average regular program staffing level.

5. Bilingual teachers will be staffed at a ratio of 1 teacher for each 70 students at the elementary level and 1 teacher for each 45 students at the Middle School and High School level. By 2008-2009 the Bilingual Instructional Assistants will be staffed at 1 assistant for each 28 students.

6. Thirty (30) hours of extra time, calculated at the average teacher rate will be instituted at each school/program to mitigate some of workload responsibilities that increased as a result of changes in paperwork, recordkeeping and delivery models. The Bilingual Department at each site will decide the use of these monies.

7. Bilingual Relief Fund

Committee regarding Bilingual Staffing

a. A Joint Committee shall be convened to review staff requests and make recommendations for expenditure of funds appropriated under Item d below.

b. The Committee shall be appointed by no later than October 1 of each year and shall be composed of three (3) representatives appointed by the SPS and three (3) representatives appointed by the SEA.

c. The Committee shall hold its first meeting by no later than October 15 of each year and shall continue to meet on a pre-arranged schedule agreeable to the Committee members. The Committee should make itself available to provide relief to impacted staff and students as soon as possible.

d. The SPS will provide a fund of $200,000 during 2004-05, $250,000 for 2005-06 and $300,000 for 2006-07 and each year thereafter. The purpose of the fund is to alleviate problems beyond regular baseline staffing in the area of Bilingual self-contained classrooms and to provide assistance when related services personnel have excessive caseloads. The following procedures shall apply for the identification of problems and recommendation of proposed resolution.

1) Problems associated with employee workload, as identified by a certificated non-supervisory employee serving bilingual students, shall be first brought to the attention of the building principal/program manager.

2) If a solution is not achieved at the building level, the employee may, by no later than March 2 of each year, refer the problem(s) to the Joint Committee,

3) Recommendations of the Joint Committee shall be made to the appropriate line administrator, with the final decision to be made by the Superintendent.

e. All Joint Committee recommendations for additional staff must be received by the appropriate line administrator by March 16 of each year.

f. Costs associated with the final decision shall be made from the above-referenced fund.

SECTION K: SCHOOL COUNSELORS AND SOCIAL WORKERS

1. Pursuant to rules established by the State Board of Education, all school counselors employed by the Seattle Public Schools shall hold a valid Educational Staff Associate (ESA) Counseling Certificate. High School Counselors shall also hold valid teachers' credentials in the State of Washington and have at least one (1) year of successful classroom experience.

2. Each counselor shall be accountable to the principal/program manager of the building to which he/she is assigned.

3. Each secondary school shall be allotted five (5) days for each full-time equivalent counselor at per diem pay. These days shall be assigned to the building counselors by the building principal/program manager after discussion with the counseling staff.

4. Each secondary counselor will have five (5) additional days at per diem pay a year for working on scheduling, registration, and other counseling activities.

5. Except in unusual circumstances there shall be no more than one (1) part-time counselor in any one (1) secondary building. Part-time secondary counselors shall retain their preparation periods.

6. Secondary counselors are assigned on a ratio of approximately 400:1.

7. Middle School and Elementary counselors shall hold either a valid Educational Staff Associate (ESA) Counseling or School Social Workers Certificate. Whenever feasible elementary counselors shall be assigned to one (1) building.

8. Counselors may attend professional meetings and conferences during school hours as recommended by and approved by the appropriate building principal/program manager.

9. Nothing in this provision prevents the SPS from determining that an ESA certificated School Social Worker be hired at the high school level to fulfill duties appropriate to the certificate.

SECTION L: STUDENT SERVICES

1. Pursuant to rules established by the State Board of Education, all school psychologists and social workers employed by the Seattle Public Schools shall hold valid Educational Staff Associate (ESA) Certificates.

2. These Student Service personnel shall have SPS-wide supervision provided by a responsible individual in the Central Administration. Requests for service are initiated by the building principal/program manager or his/her designee.

3. Periodic meetings of the school psychologists, counselors and social workers will be established by the appropriate line administrators for the purpose of planning and consulting to meet the needs of students.

4. School psychologists may attend professional meetings and conferences during school hours as recommended by and approved by the appropriate line administrators.

SECTION M: SCHOOL LIBRARIES

1. A major goal of the SPS is to provide a full program of instruction to meet the needs of all students. In an effort to meet this goal, the SPS shall continue to maintain and staff library and learning resource center facilities. Continuous access to library collections and flexible scheduling of facilities shall be a major component of the plans.

2. The SPS shall adhere to appropriate State laws and regulations relative to library services within the public schools of the State of Washington.

3. Elementary and secondary librarians will arrange cooperative meetings during the employee's work day at their respective levels for purposes of discussing books, materials or other business pertinent to professional librarians. These meetings shall be cooperatively planned and implemented by the supervisor of libraries and a committee including at least four (4) librarians.

a. Coordination for the meetings will be through the appropriate SPS administrator's office.

b. Arrangements will be made at each building for the libraries to remain open.

c. Librarians shall be eligible for consideration for attendance at the annual meeting of the Washington State Association of School Libraries held in the spring and the State Librarian Workshop held in the fall under the provisions of Article VI,A,8 of this Contract.

4. The Library Catalog Unit shall be staffed and equipped so that library materials received by the SPS can be delivered to the buildings promptly. Unreasonable delays shall be a subject for discussion by librarians with the Library Supervisor and the appropriate Assistant Superintendent.

5. The Librarian shall be a member of the faculty representative organization in each school.

a. All librarians should allow time in their daily schedule for conferencing with faculty members to implement the most efficient use of the library as a learning and resource center. Librarians shall not provide a substantial amount of PCP time, (not more than ½ their time) during their librarian assignment.

b. All library staff is directly responsible to the Librarian.

6. Additional days, as indicated in Items a and b below, shall be made available for the academic year at per diem rate to be used in the opening and closing of the facilities. One (1) or two (2) of the available days may be utilized during winter or spring vacation to complete tasks that cannot be carried out during the school year:

a. Five (5) days shall be made available for each full-time equivalent (FTE) librarian assigned to one (1) building.

b. Eight (8) days shall be made available for each librarian assigned to two (2) buildings; four (4) days per building. Exceptions to the four (4) days per building rule may occur by mutual agreement between the employee and the building principals/program managers.

SECTION N: FOREIGN LANGUAGE

1. Foreign languages in the Seattle Public Schools shall be taught by teachers adequately prepared in the language offered.

2. Foreign language programs shall have clearly defined goals, objectives and measurable achievements for the level of instruction.

3. Foreign language teachers shall cooperatively plan and hold appropriate meetings with SPS administrators regarding their programs.

SECTION O: SCHOOL NURSES

1. All school nurses within the Seattle Public Schools shall hold valid Educational Staff Associate (ESA) Certificates issued by the State Superintendent of Public Instruction and a Washington Nurses License.

2. One-half (.5) day released time or the equivalent amount of monies shall be provided monthly for all school nurses to meet under the direction of the Health Services Supervisor for the purpose of professional development on matters that will assist in meeting the needs of the students within the SPS, or to provide staff development for school nurses.

3. The SPS Student Health Services administration, Governance Council and the school nursing staff will continue to examine the SCHOOL HEALTH SERVICES REGULATIONS AND PROCEDURES HANDBOOK.

4. Nurses shall be provided with a duty-free lunch period of thirty (30) minutes. The school nurse may, at his/her own option, choose to schedule his/her lunch break to provide health care during the students' lunch period.

5. When substitute nurses are employed, they shall be paid at the same rate as the substitute teacher.

6. Nurses shall be freed from responsibility to building professional development activities on the 2 learning improvement days and the District TRI day, although they may elect to participate. In addition nurses will receive 2 days compensation at per diem prior to the beginning of school. These days will be used by the nurses to fulfill their responsibilities in developing and implementing health plans for students with life threatening illnesses. These two days are pro-rata according to FTE.

7. Health Services Delivery. The staff or an appropriate Building Committee, including a SAEOP representative and the Principal, will annually discuss how to provide health services to students when a school nurse or health assistant is not present. (Held at the start of the school year and again as the budget is being prepared.)