SECTION A: Administration Responsibilities 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 such 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 such 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: Rights of the SEA

Consistent with applicable law, there shall be no interference with the rights of the employees to become members of the SEA, and the SPS will not of itself or by any of its agents discriminate against, interfere with, or coerce any employee because of membership or non-membership in the SEA.

SECTION C: SEA Security

1. It is recognized that the negotiations and administration of this Agreement entail expenses which appropriately are shared by all employees who are beneficiaries of this Agreement. The terms and conditions of this Agreement in regard to SEA membership or the payment of an agency shop fee or alternatives as provided in accordance with Chapter 41.56 RCW are set forth below.

2. Employees may elect to become members of the SEA or may pay an agency shop fee equivalent to the local dues of the SEA. Employees who fail to authorize payroll deductions will have the agency shop fee deducted from their salary and paid to the SEA, pursuant to Chapter 41.56 RCW.

3. In order to safeguard the right of employees based on a bona fide religious objection, the teachings or tenets of a church or religious body of which such employee is a member, said employee may pay an amount of money equivalent to the agency shop fee to a non-religious charity designated by the SEA, pursuant to Chapter 41.56 RCW.

4. The SEA agrees to indemnify and save the Board harmless against any liability which may arise by reasons of any action taken by the Board to comply with the provisions of the Section above, including reimbursement for any legal fees or expenses incurred in connection therewith. The Board agrees to notify the SEA promptly in writing of any claim, demand, suit or other form of liability in regard to which it will seek to implement the provisions of this item and, if the SEA so requests in writing, to surrender claims, demands, suits or other forms of liability.

5. Membership in the SEA, the legally recognized organization authorized to negotiate with the Board, shall be in compliance with Chapter 41.56 RCW and membership shall be nondiscriminatory with regard to race, creed, sex, sexual orientation, marital status, age, handicap or national origin.

6. The SPS shall furnish the SEA a listing by name of all employees employed by the SPS and their school/work location by September of each year. A list of corrections and changes to this list shall be furnished to the SEA at monthly or other agreed-upon periods thereafter.

SECTION D: Nondiscrimination and Citizenship Rights

1. There shall be no unlawful discrimination against any employee or applicant for employment by reason of race, creed, religion, handicap, color, marital status, gender, sexual orientation, age, national origin, or because of their membership or non-membership in employee organizations or in their exercise of other rights under Chapter 41.56 RCW, Public Employees Collective Bargaining Act. Sexual harassment is recognized to be a form of unlawful sex discrimination.

2. Employees are entitled to full rights of citizenship and the proper exercise thereof shall not be grounds for any discipline or discrimination against an employee.

3. There shall be no discrimination against any employee for utilization of the grievance procedure.

SECTION E: Employee Personnel Files

1. Materials placed in the employee's SPS personnel file are available for review by the employee under the rules, regulations and procedures of the SPS.

2. All materials related to the employee's evaluation held at the work location shall either be transferred to the SPS personnel file or shall be destroyed at the end of the work year.

3. 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. Such written response shall be permanently attached to said materials and shall become part of his/her written personnel records.

b. Pursued by the use of the grievance procedure, except that material relating to an employee's performance evaluation may be challenged in accordance with Article IV,B.4.

4. The Performance Appraisal for SAEOP Employees shall become a part of the office employee's permanent classified employee file.

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

SECTION F: Communication Rights and Privileges

1. The SEA shall have the right to post notices of its activities and matters of organizational concern on a bulletin board to be provided in each building by the SPS.

2. The SEA may use SPS buildings for meetings and to transact official business on SPS property at all reasonable times when custodians are normally on duty before and after work hours, provided that this shall not interfere with nor interrupt normal operations.

3. Any officer or authorized representative of the SEA so designated by the SEA and identified to the Superintendent shall have the right to visit SPS buildings, individual employees, or groups of employees represented by the SEA, at all reasonable times when employees are not on duty, such as before and after work hours and at lunch time, or by special arrangement with the principal/supervisor at other times, provided that this shall not interfere with nor interrupt normal school or office operations. In all instances, the authorized representative or representatives shall satisfy the principal/ supervisor that they are on official business before they proceed through the building to any room. All such visits shall not interfere with any employee's activities while on duty.

4. The SPS and the SEA agree that having the SEA included in the SPS’s email program is an important element of building quality communications. The SEA will take the necessary steps to ensure that all communications are accurate and in line with its duties as bargaining representative. The SPS shall incur no additional cost as a result of the SEA use of email. This means that the SEA will pay for all equipment, installation costs, supplies, training costs, system security provisions, overhead expenditures and any other costs of any nature that may arise. There shall be no additional workload or expense at the school site. SEA use of the email system will not cause the system to become overloaded.

SECTION G: Representation Rights and Due Process

1. An employee who has received a written 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 communiqué are to be considered. Once representation is requested, the discussion of the matters communicated in writing 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.

2. The probationary and/or annual performance evaluation and evaluation conferences conducted by the supervisor in the evaluation process are specifically excluded from these provisions. Subsequent discussions of the matters reviewed in the evaluation may involve representation at the employee's request, except that discussions may continue after three (3) working days.

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

4. 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 such 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 specified 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.

5. 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.

SECTION H: Availability of Information

1. The SPS shall furnish upon request of officers or authorized representatives of the SEA information, statistics and records which the SEA and the SPS mutually agree are relevant to negotiations or are necessary for the organization to fulfill its legal representation responsibility. All requests for information must be directed to the Director of Human Resources or his/her designee.

2. Any requests beyond what is relevant to negotiations or necessary for the organization to fulfill its legal responsibility that necessitate use of staff and data processing time beyond that normally allocated and budgeted in developing and producing information, statistics and records normally utilized by the SPS will be carefully evaluated, and the costs incurred shall be reimbursed by the SEA.

SECTION I: Sexual Harassment

It is the SPS's desire to have a work environment free of sexual harassment. Procedures for handling sexual harassment complaints will be in accordance with the SPS's sexual harassment policy.

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.

SECTION J: No Reprisal for Disclosing Misdeeds

The SPS agrees to abide by the SPS’s 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.

SECTION K: HIV/AIDS, Hepatitis B Training and Inoculation requirements

1. 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.

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

SECTION L: Health and Safety Needs

1. The August 21, 2003 Memorandum of Understanding Establishing a Joint Health and Safety Committee will remain in effect for the duration of this Agreement (page 110).

2. The SPS will provide safe and healthy workplace per State Law, WAC 276-24-020.

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

SECTION M: 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.

SECTION N: Protection of Employees and Property

The SPS shall attempt to provide healthful working conditions for its employees consistent with Federal, State and local laws and their rules and regulations. Employees shall not be required to work under conditions known to be unsafe or hazardous or to perform tasks which endanger their health, safety or well being. The SPS will call upon other agencies (such as police, the courts, and social agencies) to help preserve the health and safety of all persons involved in a school situation. To attain these goals, the SPS agrees to the following provisions:

1. Preservation of Order in the Schools

a. An employee is authorized to use force, but no more force than shall be necessary, upon or toward a student or other person on or around school premises whenever such employee is about to be injured, or when the employee lawfully comes to the aid of another about to be injured, or to prevent a malicious trespass, or other malicious interference with that real or personal property which lawfully is in his/her possession, in the possession of another employee or student, or upon school premises.

b. The SPS shall give priority consideration to the utilization of appropriate security personnel at functions such as athletic events, school plays, concerts and other school functions, to maintain discipline and order.

2. Benefits to Employees

a. A direct communication system shall be installed in elementary and secondary school classrooms wherever possible and appropriate within budgetary constraints.

b. All regular full-time and part-time employees will be provided space to secure their personal belongings (e.g., coat, purse).

c. The SPS shall provide legal counsel to an employee against whom a lawsuit is instituted and which suit arises out of his/her proper exercise of that force authorized in Item 1-a above or other SPS regulations. Furthermore, the SPS shall assist an employee in obtaining counsel to represent him/her when he/she has been assaulted in or around the school premises or as a direct result of his/her performing his/her duty.

d. To the extent required by law, SPS Self-Insured Employer Worker's Compensation benefits in accordance with the Industrial Insurance Laws of the State of Washington shall reimburse an employee for medical, surgical, hospital, disability or rehabilitation costs incurred as the result of an injury sustained in the course of the employee's employment or as a direct result of the employee performing his/her responsibilities.

e. The SPS or its insurer shall reimburse an employee for any certified loss of or damage to personal property necessarily used in the course of duty or in transporting him/her to or from his/her place of assignment when such loss or damage is willfully and maliciously inflicted by students or persons known or unknown on SPS premises or while the employee is on duty, subject to the conditions below. Willfully and maliciously inflicted loss or damage shall include loss or damage caused by hit and run.

(1) The SPS shall reimburse first-dollar losses up to the limit of the employee's insurance deductible not to exceed two hundred and fifty dollars ($250). The SPS shall pay hit and run losses up to the limit of the employee’s collision insurance, not to exceed two hundred and fifty dollars ($250).

(2) The SPS shall provide an additional sum of $7000 annually. This sum of money shall be used to provide reimbursement to employees who have a deductible of more than $250 but not more than $500. If, for example, an employee incurs a loss of $450 and he/she has a deductible of $500, then the employee would be reimbursed the first $250 as a general reimbursement, and up to $200 from the $7000 reserve fund. It is understood that the $7000 is the maximum obligation on the part of the SPS in providing reimbursement of claims in excess of $250. Once the fund is exhausted, it shall not be replenished until the following school year.

(3) The SPS will provide full property insurance coverage separate from the previously-stated fund for theft of any SPS property from the private vehicles of itinerant student support staff who transport any SPS materials, equipment and supplies to and from their work assignments. Employees are expected to exercise reasonable care in transporting SPS property.

(4) There shall be no reimbursement for loss of cash.

(5) The use of personal equipment at work must have the prior approval of the principal/supervisor.

(6) There must be proof submitted that the employee either has no insurance or that his/her insurance does not cover the damage or loss in question. An employee must exhaust his/her own insurance recovery possibilities before being eligible for reimbursement under this Section.

(7) There must be filed with the General Counsel's Office within twenty (20) days after the damage or loss, a Notice of Loss and Claim for Reimbursement form.

f. Provisions for temporary leave of absence due to an occupational injury or illness which meets the criteria for a valid claim for Worker's Compensation as set forth in the State's Industrial Insurance Laws shall be compensated as provided in, Section VIII. A, of this Agreement.

3. Reporting Procedures

An employee shall immediately report any assault suffered by him/her in connection with SPS employment to his/her supervisor or other immediate supervisor and cooperate fully in the completion of written and oral reporting procedures. Furthermore, to qualify for benefits under Items 2-c, d, e, and f above, he/she shall permit the SPS or its authorized representative to examine all medical records pertaining to the injury for which recovery is sought.

4. The SPS and any of its employees involved in the investigation and reporting of assaults and injuries resulting there from shall comply with any reasonable request by an employee for information in its or their possession which relate to the assault or persons involved in it.

5. 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.

6. Employees shall be trained by the SPS prior to being assigned to dispense medication. Employees shall be trained by the SPS prior to being assigned to insert catheters.

7. All dispensing of medication will be in accordance with the law.

8. 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 a search is in progress.