This Memorandum of Understanding (MOU) is entered into by the Seattle Public Schools (SPS) and the Seattle Education Association (SEA) representing the Seattle Association of Education Office Personnel (SAEOP) and Paraprofessional Staff (Parapro). It modifies the 2004-06 and 2006-09 Collective Bargaining Agreements (CBAs) between the parties and is effective February 16, 2006 through August 31, 2007. It also modifies the 2004-06 and 2006-09 MOUs between SPS and SEA regarding Specified Classified Hourly Work in Seattle Public Schools. It shall expire on August 31, 2007 unless otherwise renegotiated between the parties.

Purpose:
The purpose of this MOU is to document recent agreements between SPS and SEA to redefine the limitations on classified hourly work in K-8 schools in recognition of the evolving needs of students in the Seattle Public Schools.

Expanded Classified Hourly Limitations:
Effective, Feb. 16, 2006, K-8 schools that do not reduce (in 05-06 or in 06-07) their SAEOP staffing levels as of 2-8-06 (including employee FTE and length of work years) may utilize the following expanded classified hourly limitations:

Hourly Elementary School Assistants:
Hourly Elementary School Assistants may be hired to work up to a total of 10 hours per week as office support beginning February 16, 2006.

Hourly Playground/Lunch Supervisors:
Hourly Playground/Lunch Supervisors may be hired to work up to a total of 25 hours per week beginning February 16, 2006.

Hourly Parent/Tutor/Volunteer Coordinators:
Parent/Tutor Volunteer/Coordinators may be hired to work up to a total of 19 hours per week beginning February 16, 2006.

A specific classified hourly employee working in the above job titles may not work more than 19 hours per week, but one hourly worker may provide services in more than one classified hourly job title as long as the school meets both its staffing minimum and the all the classified hourly limitations described above.

Hourly Tutors:
The limitations for Hourly Tutors have not changed. A school may annually utilize Hourly Tutors up to half of the annual Green Book cost of an IA ($19,939 in 2005-06, $21436 in 2006-07); one Hourly Tutor may not work more than 17 hours per week. Hourly Tutors may serve K-5 students only under this agreement.

Schools that qualify for the new Classified Hourly Limitations will be held harmless for classified hourly expenditures between August, 2005 and February 16, 2006. Requests to waive the former classified hourly limitations that were submitted last fall are deemed null and void.

If a School Does Not Meet the Staffing Minimum for Its Enrollment During the 2005-06 School Year:

1. If a school does not meet the staffing minimum for its enrollment and does not employ at least 1.5 FTE office staffing, it remains bound by the original annual limitation of two hours per day for hourly classified work plus the $3,700 Annual Flexibility Amount (reference the MOU entitled Specified Classified Hourly Work in Seattle Public Schools).

2. If a school does not meet the staffing minimum for its enrollment and it employs 1.5 FTE office staffing, then it may spend the greater of:
• The original annual limitation of two hours per day plus $3,700, or
• The total amount it spent in 2004-05 on classified hourly job titles, not to exceed the new Classified Hourly Limitations

3. A school may request a waiver regarding the classified hourly limitations for the remainder of the 2005-06 school year using the Waiver Request Form contained in the Appendices of the SPS/SEA CBAs. The school’s waiver request must be submitted simultaneously to SEA, its Ed Director and HR Director by March 27, 2006. SPS and SEA will act on such wavier requests by April 3, 2006.

Waiver Request Guidelines:

Office Staffing: SPS and SEA will consider waivers to the Office Staffing Requirement based on:
• The Office Plan submitted with the 05-06 budget (for who does what work—how will the work be completed); if no Office Plan was developed at that time, one should be completed and submitted with the waiver request.
• The overall workload and the ability of staff to work at a reasonably fast pace without adverse health/stress impacts and ability to take breaks and lunch, and rarely work overtime;
• The school’s history with office staffing and workload issues;
• The school’s general compliance with the collaborative decision-making requirements of the agreements; and
• The impact on SEA represented employees.

Hourly Playground/Lunch Supervisor: SPS and SEA will consider waiver requests for more than 5 hours per day for playground/lunch supervision based on:
• Recess and lunch schedules and the physical layout of the playground (schedules and playground layout should be submitted with the waiver request);
• Consistent past adherence to the duties described in the hourly job descriptions;
• The school’s general compliance with the collaborative decision-making requirements of the agreements; and
• The impact on SEA represented employees.

Hourly Parent/Tutor/Volunteer Coordinator: SPS and SEA will not consider waivers to the weekly limit of 19 total hours; if more than 19 hours per week are funded, the position becomes a regular FTE position and must be filled with a regular employee.

Hourly Tutor: SPS and SEA will consider waiver requests for additional tutors for services to K-8 students based on:
• Tutors are trained in and utilize a standardized research-based method that has proven successful;
• The tutoring program and its tutors are monitored by a mutually agreeable third party;
• Past and present adherence to the duties described in the job description;
• The school’s general compliance with the collaborative decision-making requirements of the agreements; and
• Impact on SEA-represented employees.

2006 Spring Staffing for the 2006-2007 School Year:
K-8 schools that do not reduce in 2006-07 their SAEOP staffing levels as of 2-8-06 (including employee FTE and length of work years) may utilize classified hourly limitations described above. If a school does not qualify to use the expanded classified hourly limitation described above, it will be held to the limitations set forth in the 2006-09 MOU regarding Specified Classified Hourly Work in Seattle Public Schools.

As a part of the 2006 Spring budgeting and staffing process, schools shall submit the hourly employee staffing which they intend to utilize for the 2006-07 school year. Education Directors shall review this information to ensure that it complies the SPS-SEA agreements, including this MOU. SPS shall provide the necessary forms and planning documents for this activity.

Implementation Goal:
To gain broad organizational understanding, support and commitment to fairly implement this MOU, so that once initial implementation questions/issues are addressed, compliance can be checked with occasional audits.

Implementation Guidelines:
• Hourly Elementary School Assistant and Playground/Lunch Supervisor work must be offered to regular part-time office staff first. If these individual(s) reject the additional hours, the employee’s signature rejecting additional hours offered must be kept by the supervisor;
• Each job title will have its own job description and is assigned a separate job code for tracking purposes;
• Supervisors will provide each classified hourly employee with the job description of the job title in which he/she is working and will retain a copy of the employee’s signature acknowledging receipt;
• A classified hourly employee must complete a separate time sheet for each job title in which he/she works;
• Classified hourly employees’ daily or weekly schedules must be attached to their timesheets when they are submitted to payroll each month (same copy of schedule can be sent each month);
• Payroll period reports will be monitored for a supervisor’s compliance with these guidelines;

To the extent that this MOU is in conflict with any provisions of the 2004-06 and 2006-09 Collective Bargaining Agreements between the parties or with the 2004-06 and 2006-09 MOUs regarding Specified Classified Hourly Work in the SPS, the agreements set forth in this MOU shall control and any inconsistent provisions of the negotiated Collective Bargaining Agreements or MOUs shall be deemed modified for the duration of this Memorandum of Understanding.

In witness whereof the parties hereto have executed this agreement this ____________ day of _________________, 2006

SEATTLE PUBLIC SCHOOLS SEATTLE EDUCATION ASSOCIATION

By: _________________________ By: __________________________
Raj Manhas, Superintendent Wendy Kimball, President

By: __________________________ By: _______________________________
Jane Westergaard-Nimocks Steve Pulkkinen,
Director of Human Resources Executive Director