6. ESP Employment Conditions
6.1: Employment Conditions
6.2: Full-Time Employee
6.3: Probationary Period
6.4: Job Description and Classification
6.5: ESP Salary
6.6: Medical insurance
6.7: Early Dismissal and Workshop days
6.8: Substitutes for teachers
6.9: Traveling ESPs
6.10: Probationary ESP – Rehire
6.11: ESP Breaks
6.12: Summer School
6.13: Travel Pay
6.14: ESP Overtime/Compensatory Time
6.15: Liability Protection – loss by suit
6.16: Injuries on the job
6.17: Assault on Employees – Procedures
6.18: Absences due to assault or battery
6.19: Damage for loss of personal property
6.20: Transportation of students
6.21: District Seniority
6.22: Kindergarten Teaching Assistants
6.23: OT/PT service providers
6.24: ESP General Leaves of Absence
6.25: ESP sick leave
6.26: ESP Bereavement leave
6.27: Religious leave
6.28: ESP Attendance at professional meetings
6.29: Procedures for reporting absence
6.30: Emergency school closing
6.31: Evaluations
6.32: Definition of vacancy
6.33: Posting of vacancies
6.34: Definitions
6.35: Voluntary transfers
6.36: Involuntary transfer procedures
6.37: Voluntary/Involuntary Process
6.38: Voluntary Transfer to Leave of Absence Positions
6.39: Procedure for layoff
6.40: Recall rights and procedures
6.41: Job share Exchange
A summary of employment conditions and benefits by category is provided in Appendix S.
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6.2 FULL-TIME ESP
Full-time shall be defined as an ESP who works twenty (20) hours or more a week.
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6.3 PROBATIONARY PERIOD
A. ESPs hired on or before November 1 shall have their probationary period extend for the length of that school year. ESPs hired after November 1 shall be probationary until the end of the following school year. Lay-off and subsequent recall by the District shall not cause a probationary period to be repeated.
B. ESPs working less than full-time shall be considered probationary ESPs.
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6.4 JOB DESCRIPTION AND CLASSIFICATION
Distribution:
Job descriptions shall be distributed to new ESPs when hired by the district. The description shall include at a minimum:
1. Job title and description.
2. Minimum requirements.
3. Required tasks and responsibilities.
Amendments:
No additions, deletions, or amendments in job descriptions shall occur without notification to and discussion with the Association.
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6.5 ESP SALARY
Salaries shall be paid on the basis of the schedules set forth in Appendix F.2.
ESP PLACEMENT ON THE SALARY SCHEDULE
Years of Experience:
ESPs shall be placed on the appropriate step of the salary schedule commensurate with the number of years of district experience on the schedule.
B. First Year of Employment – Service Credit
In the first year of employment, ESPs employed prior to January 1 will be given one year’s service credit. Those employed after January 1 will receive no service credit on July 1 for that year.
C. Completion of Bachelor’s Degree:
For purposes of appropriate salary schedule lane placement ESPs shall provide notice to the District, no later than September 1, of successful completion of coursework towards a Bachelor’s Degree. Verification documents shall be provided to the District no later than November 1. Failure to provide timely notice shall result in no lane movement on the salary schedule until the following year.
D. ESP Re-employment by the District:
Non-probationary ESPs who leave the employ of the District for reasons other than poor performance or disciplinary dismissal, and who return to District employment within one year shall be accorded all appropriate category seniority accrued prior to leaving.
E. PAYMENT OF SALARIES
Paydays:
Employees shall be paid in equal installments every other Thursday. If a regular pay date falls on a day when school is not in session, checks shall be mailed prior to the regular pay date to the designated address of the employee or distributed on the last working day prior to the regular pay date. The June, July, and August paychecks will be mailed prior to the regular pay date to the designated address of the employee.
Tax Sheltering:
a. ESP contribution to the Illinois Municipal Retirement Fund shall be tax sheltered.
b. Tax Sheltered Annuities
The Board shall provide an opportunity for employees to enroll in the tax-sheltered annuity program. Employees who wish to join or alter their participation will be permitted to do so by notifying the Office of Business Services prior to the twentieth day of any calendar month for alterations in their tax-sheltered annuity program for the next
payroll. Participation in such a program is voluntary and the District has no obligations in the program.
Direct Deposit Program:
Effective the first paycheck of the 2005-2006 school year, the Board will directly deposit the salary check in the requested bank of all employees.
D. HOLIDAYS
The following holidays shall be paid holidays for non-probationary ESPs who are eligible for five paid holidays:
- Thanksgiving Day
- Christmas
- Martin Luther King, Jr. Birthday
- A day during Spring Break
- A day during Winter Break
6.6 A. MEDICAL INSURANCE
1. Schedule of Benefits:
During the term of this Agreement, the schedule of benefits under the Major Medical Policy will be set forth in Appendix D.
2. Cost of Coverage:
a. The District shall provide medical insurance for each ESP who works 20 or more hours per week. Teachers’ benefits are provided on a pro-rated basis.
b. The employee’s share of the cost for individual medical coverage shall not exceed 4.5%. Eligible employees wishing to enroll themselves or dependents must complete the enrollment cards during the initial 30-day enrollment period, or thereafter furnish proof of insurability. The cost of the dependent coverage must be paid by the employee.
3. Change of Coverage:
Employees enrolled in the regular insurance program may change their type of coverage if they so desire in the instance of death of a family member, marriage, divorce, birth or adoption of a child, or release from military service of a family member.
4. First Day of Coverage for New Employees:
Employees new to the District shall be covered as of the first day of their contractual employment; however, an individual starting employment at the beginning or during any given month may choose to have family coverage for that first month effective immediately only if he/she pays the first month’s premium.
5. Duration of Coverage:
The Board-provided insurance shall be for 12 consecutive months but shall exclude any employee who has left the Board’s employment and received a lump sum payment.
6. Coverage for Dependents of Legal Guardians:
Dependents of legal guardians are to receive benefits under the plan (dental included) provided that such dependents are age-eligible as defined by the plan, reside in the household of the employee participant of the plan, and that evidence of continuing court-approved legal custody and financial support and maintenance has been furnished to the district. It is understood that any rate increase which is attributable to this expansion and which can be verified by actuarial means are to be borne by SEA.
7. Effective 7-1-2020, an Education Support Personnel credited with 30 years of service and being 55 years of age, will upon retirement receive a medical insurance policy until the time s/he will be permitted by law to enroll in the Medicare Program.
B. LIFE INSURANCE:
The Board shall provide each employee of the District with $20,000 worth of group life insurance, in addition to accidental death and dismemberment, without cost to the employee. If optional additional coverage is available from the carrier, such coverage shall be made available to the employee via payroll deduction. Coverage is provided for ESPs who work 20 or more hours per week.
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6.7 EARLY DISMISSAL AND WORKSHOP DAYS
A. For those ESPs scheduled to work if there is an in-service/workshop scheduled, on early dismissal and all-day workshop days without student attendance, ESPs shall either, upon approval of the principal, work their regular schedule at their worksite, make up the hours at a later date, not work without pay, take compensatory time or attend district wide training specific to their classification.
B. Designated ESP members may be offered the opportunity to attend appropriate professional development on ½ or full day in-services during the time of their regular work hours. The decision to attend such scheduled meetings shall be a shared decision at the site between or among the parties involved.
C. If necessary, it may be planned by a joint committee made up of representatives appointed by the District and the Association.
D. To provide safety and security for staff members on Parent/Teacher conference day/evening, security staff shall be assigned, on a rotating basis, according to building level:
High school = 2 staff
Middle school = 1 staff
Elementary school (that normally have a security assigned) = 1 staff
Civilian security will work their regular work day and evening unless directed to work the hours in another building by the Supervisor of Civilian Security.
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6.8 SUBSTITUTES FOR TEACHERS
ESPs who are certified as a substitute teacher may internally substitute for a certified employee and receive the first call substitute teacher rate of pay or his/her regular rate of pay, whichever is higher. No ESP shall be required to provide substitute service. Such ESP may be requested to substitute for a teacher in his/her building in an emergency situation or when other substitutes are unattainable.
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6.9 TRAVELING ESPs
Traveling ESPs shall have an adequate amount of time, but no longer than 30 minutes of paid travel time between the completion of a work assignment in one building and the commencement of another work assignment in a different building. At the request of the ESP, a conference shall be held with the travel ESP, building principal(s), and coordinator to discuss schedule and travel problems, should the travel time provided not be adequate.
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6.10 PROBATIONARY ESPs – REHIRE
Probationary ESPs rehired within two years from their release shall have accumulated sick leave, salary schedule placement, and seniority they had when released.
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6.11 ESP BREAKS
ESPs shall be entitled to break(s) based on the following:
2 – 15 minute breaks – seven hours or more per day
2 – 10 minute breaks – six hours to seven hours per day
Security personnel shall be entitled to breaks as their day permits. It is acknowledged that security personnel must be responsive throughout their day to student and/or building emergencies, but it is also acknowledged that security personnel are entitled to breaks as needed throughout their day.
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6.12 SUMMER SCHOOL
Preference and Criteria for Selection:
Positions in the summer school program shall be filled where possible by regularly appointed ESPs in the District if they apply for appointment at least one month before the end of the preceding school year. In filling such positions consideration should be given to an ESP’s skills and abilities, category of position, and length of service in the school district. If no qualified applicants are available, the administration may go beyond these provisions.
Pay:
The rate of summer school pay shall be equivalent to the starting rate of pay from the previous school year. The pay to summer school ESPs shall be divided into two equal installments to be distributed on or before July 31.
Opportunity:
Summer school work opportunity shall be offered to security personnel so that no two security personnel are employed in successive summers unless no other security personnel wish to be employed.
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6.13 TRAVEL PAY
Mileage Rate:
All school personnel who travel in the necessary performance of their duties shall be reimbursed for travel expense at the IRS rate effective January 1 of each calendar year. This does not involve the driving from home to the first place of work for any given day, or from the last place of work to home.
Records and Reporting Procedures:
An accurate daily record of the mileage must be kept and a request for payment submitted to the Finance Officer each quarter. These reports are due by the tenth of each month following the end of each calendar quarter. Claims for less than $10 should be added to the next claim report.
Mileage Outside the District:
Mileage for travel outside the school district (other than specified in 7.10A. above) shall be approved by the Superintendent prior to such travel on the basis of available funds and in accordance with existing policies.
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6.14 ESPs: OVERTIME/COMPENSATORY TIME
A. All work above 40 hours per work week shall be compensated at the rate of one and one-half (1 1/2) times the employee’s normal rate of pay or receive compensatory time off at the rate of one and one-half (1 1/2) times the amount of additional time worked. Such compensatory time shall be used when students are not in attendance. Any unused compensatory time will be reimbursed at the end of the fiscal year in which it was earned. Required work over the employee’s regularly scheduled work week, but less than 40 hours, shall be compensated at the employee’s regular rate of pay. Compensatory time requires written pre-approval by building supervisor. It is understood that the decision to accept compensatory time shall be at the employee’s discretion. For purposes of establishing overtime, the regular work week, Monday through Friday, shall be used and Saturday or Sunday required work shall be interpreted as being an extension of the preceding work week.
B. Teaching Assistants who opt to attend K-Night shall be paid for one hour of work.
C. Extra-curricular activities that require civilian security personnel shall be offered first to civilian security personnel working in the buildings which are engaged in the activity. If two Springfield schools are engaged in the activity, civilian security positions will be offered equally to each building. If the number of civilian security required is an odd number, priority will be given to the host school.
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6.15 LIABILITY PROTECTION – LOSS BY SUIT
In conformity with the law, the District does protect all employees from losses resulting from suits arising out of claims for damages resulting from alleged negligent or wrongful acts of the employee committed in the scope of their employment or under the direction of the Board.
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6.16 INJURIES ON THE JOB
All employees of the District are protected under the Workers’ Compensation laws of Illinois for injuries arising out of and in the course of their employment.
Employees are required to complete an accident report form on the Public School Works website. A link to the Public School Works website may be found on the District 186 Human Resources web page. Employees shall submit original copies of medical bills to the Office of Human Resources. A teacher receiving workers compensation shall receive his/her full salary from District 186. In exchange for this amount, the employee shall endorse his/her worker’s compensation check to District 186, and shall have 1/3 sick day per day deducted from his/her accumulated sick leave. ESPs shall remain on the payroll for the first three days after which they receive payment from Workers’ Compensation.
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6.17 ASSAULT ON EMPLOYEES – PROCEDURES
Any case of assault upon an employee shall be promptly reported to the Board or its designee. The Board shall provide legal counsel which is acceptable to the employee to advise the employee of his/her rights and obligations with respect to such assault and shall render all reasonable assistance to the employee in handling the incident by law enforcement and judicial authorities.
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6.18 ABSENCES DUE TO ASSAULT AND OR BATTERY
Whenever an employee is absent from school as a result of personal injury, court appearances, and/or legal consultation caused by such an assault and/or battery as described in 13.1, the employee shall continue to receive his/her regular salary. Such absence shall be reported to the principal and reason(s) noted. Absence shall not be charged against the employee’s personal or sick leave.
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6.19 DAMAGE OR LOSS OF PERSONAL PROPERTY
The Board shall indemnify and protect employees against any job-related loss of, damage to, or destruction of the employee’s personal property as a result of such an assault and/or battery.
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6.20 TRANSPORTATION OF STUDENTS
The Board agrees to insure or indemnify for non-negligent liability while using personal vehicles by certified personnel to transport students, parents, or guardians in pursuance of their duties as employees of District 186 while acting under the direction of the Board within the course or scope of their duties
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6.21 DISTRICT SENIORITY – ESP
A. ESP seniority shall be defined as the length of continuous service within the district as a member of the bargaining unit. Accumulation of seniority shall begin from the employee’s first working day. A paid holiday shall be counted as the first working day in applicable situations.
B. All regular employees, regardless of employment status, shall accrue seniority at the same rate.
C. ESP seniority shall not accrue during any authorized leave of absence without pay. Seniority shall not be interrupted due to paid leave.
D. ESP seniority is lost only by resignation, dismissal, exhaustion of recall rights, or retirement.
E. ESP seniority shall be transferable from one ESP category within the bargaining unit to another except for security guards.
F. In the event that more than one employee has the same starting date of work, position on the seniority list shall be determined by the following procedure in this order:
1. proof of education or training,
2. the date a job application is received by the district,
3. drawing lots.
G. ESPs shall be placed for seniority purposes into the category representing the appropriate job assignment.
1. Teaching Assistant
2. Technology Facilitator
3. Sign Language Interpreters
4. Braillist
5. Security Personnel
6. Occupational/ Physical Therapist
7. Occupational/ Physical Therapist Assistant
H. Maintaining and Posting of Seniority Lists
The Board shall prepare, maintain and post the seniority list of all employees. The initial seniority list shall be prepared and posted conspicuously in all buildings of the district within 30 calendar days after the effective date of this Agreement with revisions and updates prepared and posted by February 1 of each year. A copy of the seniority list and subsequent revisions shall be furnished to the Association. Any employee disagreeing with his/her seniority placement shall respond, in writing, to the Superintendent and the Association President within 30 calendar days after the effective date of the posting. The list will furnish the name, date of employment, salary grade and step, years of employment, salary, longevity and building assignment for all employees covered by this Agreement.
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6.22 KINDERGARTEN TEACHING ASSISTANTS
Each kindergarten teacher shall be provided a full-time assistant (six hours per day). Principals shall schedule time and access to the multi-purpose room for all kindergarten teachers.
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6.23 OCCUPATIONAL AND PHYSICAL THERAPY SERVICE PROVIDERS
A. Occupational and Physical Therapists and assistants work an eight hour day from 8:00 a.m. to 4:00 p.m. and they will be allowed to flex their day pursuant to 6.10 ESP Breaks.
B. The length of the work year shall be 190 days for Registered Occupational Therapists and Physical Therapists and 180 days for Occupational and Physical Therapy Assistants.
C. Occupational and Physical Therapists and assistants shall have the full benefit of the current contract related to education support personnel (ESP) and in addition, shall have the following rights and benefits normally afforded to TRS certificated staff:
1. 11.2A3 – School Day (four days of early release)
2. 12.6 – Teacher Attendance at Professional Meetings (up to 3 days annually)
Occupational and Physical Therapists and assistants shall follow the same process for submission and approval to attend professional development opportunities outside the District. Approval will be based upon availability of funds and connection to the needs as outlined in the federal special education flow through grant.
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6.24 ESP GENERAL LEAVE OF ABSENCE
Non-Probationary Employees:
The Board shall grant a non-probationary ESP a leave of absence without pay for illness, maternity, adoption, child care, disability, or such other leaves as may be deemed appropriate by the Superintendent. Family leave, if available, may be used concurrently. The Board may grant leaves for student teaching and other professional purposes with application at least two months in advance.
Length of Leave:
The length of a leave shall be limited to one year except in the case of IMRF disability for which an ESP shall have a limit of two years.
Notification of Intent to Return From Leave:
The ESP on leave shall give the Superintendent written notice by March 1 of his/her desire to return at the beginning of the next school year. If the leave is for the first half of the school year only, he/she shall notify the Superintendent by November 15 of his/her intention to return.
Reinstatement Upon Return From Leave:
Pursuant to the provisions of this Contract, when the leave of absence has expired, the Superintendent shall return the ESP to an equivalent position.
The administration may require a physician’s consent for reinstatement from a medical leave.
Returning Prior to Expiration of Leave:
If an ESP submits a written request to the Superintendent indicating a desire to return to duty prior to the expiration of a leave, he/she shall be reinstated provided a suitable vacancy exists. Upon reinstatement, the employee shall waive his/her right to the previously held position.
For ESPs, all provisions of Article XII (Leaves of Absence) may be extended by the Superintendent.
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6.25 ESP SICK LEAVE
The Board will grant sick leave to each ESP at the following rate:
175-189: 12 days
190-204: 13 days
205-: 14 days
A. Sick Leave Accumulation:
Sick days earned but not used may accumulate to a maximum of 221 days. Following completion of the 25th year of service in the district, ESPs will receive 20 sick leave days per year if the employee has accumulated 100 sick days.
B. Eligibility Requirement for Annual Sick Leave Days:
ESPs must work the first day after being employed to be entitled to the sick days or personal days allotted for that current year.
C. Sick Leave Definition:
Sick leave is intended for personal illness, quarantine at home or serious illness in the immediate family or household. The “immediate family”, for purposes of this section, shall be defined as in the bereavement leave section. Upon return, a Certificate of Absence card must be completed and submitted to the school office.
D. Doctor’s Certificate Requirement for Absences:
The Superintendent may require a doctor’s verification for any absence that appears to be an abuse of sick leave policy.
E. Personal Leave
1. Use of Personal Leave (excluding days before and after a holiday and first and last day of the school term)
a. Employees will be granted up to three days per year for personal reasons. These days will be deducted from the employee’s allotted sick leave.
b. Up to two unused personal days will be carried over to the following year and employees so affected may use up to five such days in any following year. Three personal days may be used consecutively at the discretion of the employee subject to 12.3 B of this article. The additional use of the carried over days is subject to approval by the Superintendent. The additional use of the days, which have been carried over, is intended for extraordinary events and all parties agree that such approval might not be granted on a regular or recurring basis.
If possible, the employee will give a 24-hour advance notice to the immediate supervisor.
During this Agreement, employees may use all three personal days without reason. Upon returning from leave, the staff member will enter the absence on line identifying the cause of absence as personal business. Such leave will be automatic with no prior approval necessary except on days before or after a holiday
2. Personal Leave Usage (days before and after a holiday and/or first and last day of school term)
a.Usage of personal leave days on a day before or after a holiday and/or on the first and last day of the school term, scheduled school improvement days, and parent-teacher conference days shall require at least a two working day advance notice by the employee to the Superintendent. This advance notice must be submitted on the request form found on-line. Requests will not be considered more than once a school year. A response must be returned to the employee within 24 hours of submission. Failure to respond to the request within the 24 hour period will mean approval has been granted.
b. Emergency or Personal Obligations
Acceptable use requests for personal leave before and after a holiday, first and last day of school term and/or scheduled school improvement days and parent-teacher conference days:
Appointments with university advisors; imminent danger to one’s person, family, or personal possessions; handling details of settling an estate; being present for personal or family problems/responsibilities requiring immediate attention; receiving an award or degree; attending ceremonies for children or spouse; participation in a wedding; attendance at a church or civic convention as an official delegate or officer; attendance at a professional meeting, conference, or convention as an official delegate or a local, state, regional, or national professional group; legal hearings, court proceedings and other legal matters of any kind and nature whatsoever in which the employee or any member of his/her family is a party or a direct pecuniary or penal party of interest. This rule shall not apply to any employee subpoenaed to appear in a matter in which said employee is not a party or a direct pecuniary or penal party of interest.
6.26 ESP BEREAVEMENT LEAVE
Purpose:
Employees may use up to three days, per incident, for leave connected with the death of members of the immediate family or household. Such leave shall be an annual allowance and not cumulative.
Definition of Immediate Family:
The immediate family shall include spouse, children, step children, father, mother, step parents, parents-in-law, brother, sister, step-brother, step-sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandchildren, grandmother, grandfather, legal guardian, aunt, uncle, nieces and nephews. This will also be applicable for an executor of an estate. The household shall include those individuals actually residing in the household of the employee.
Use of Personal Leave Days:
Personal leave days may be used for days needed in addition to the approved days allowed for the death of members of the immediate family, or to attend the funeral of a close friend or relative not listed for approved bereavement leave.
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6.27 RELIGIOUS LEAVE
Religious holidays requiring full or one-half day observance by the employee’s religious affiliation in which the employee is a practicing member may be taken as personal days on any work day.
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6.28 ESP ATTENDANCE AT PROFESSIONAL MEETINGS
The members of the bargaining unit of the District are encouraged to attend conferences and workshops which will help them to grow professionally. The bargaining unit members may request approval to attend professional meetings and conferences for at least one day per annum (July 1-June 30). This day may
a school day. Requests for more days are to be made to the superintendent. Substitutes, if needed, will be furnished at District expense and expenses may be reimbursed if funds are available.
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6.29 ESPs: PROCEDURES FOR REPORTING ABSENCES
ESPs shall call and report their absence to the building principal by 7:20 a.m. Every effort shall be made by the employee to enter the absence on the online absence manager prior to the absence. The absence must be entered within 48 hours of returning to work.
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6.30 EMERGENCY SCHOOL CLOSING
When an emergency results in closing of the school(s), notification of the closing will be released for broadcast as soon as possible, and every effort will be made to release notification at least 90 minutes prior to the opening of the affected school(s). When the school(s) are closed for a substantial portion of the school day, and school offices are officially closed by the Superintendent, paid personal leave days previously arranged by an employee will not be considered as personal leave days. In the same situation, an employee will not be charged with a sick day. When a bomb threat occurs, no employee shall be required to search for the bomb.
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6.31: ESP EVALUATIONS
Purpose:
The primary purpose of employee evaluation shall be the improvement of employment skills contained in the job description and all evaluations shall be conducted in good faith to this end and in accordance with the provisions of this Agreement. The instruments used for evaluations are found in the Appendices.
A. Employee Notification:
1. ESPs shall be notified of the evaluation procedure within two weeks of assignment.
2. Traveling ESPs shall have an evaluation prepared by a designated building principal after consultation with all building principals involved.
Evaluation Procedure:
Persons responsible for Evaluation:
Evaluations shall be conducted by building level administrators/supervisors
Frequency and Method of Evaluations:
A probationary ESP shall be evaluated at least once during the probationary period and such evaluation shall occur within the ESP’s first 120 working days of probation. Non-probationary ESPs shall be evaluated at least once every two years no later than May 1st. If appropriate, each formal evaluation shall be preceded by one classroom observation. The administration shall notify the ESP of the observation at least three days in advance.
Non-Probationary Remediation Provided:
Building level administrators/supervisors shall specify deficiencies and requirements for remediation.
If, in the opinion of the evaluator a timeline and subsequent scheduled observations are warranted, a plan shall be developed by the evaluator and reviewed with the ESP.
Post-Evaluation Conference and Procedure:
All evaluations shall be reduced to writing and a copy given to the ESP within seven days of the evaluation. The ESP and the supervisor shall mutually agree to a conference to discuss the evaluation after the ESP has received the evaluation. At the conclusion of the conference, the ESP shall sign the evaluation indicating only that he/she has read and discussed the evaluation.
5. ESP’s Right to Respond:
If the ESP disagrees with the evaluation, he/she may submit a written response which shall be attached to the file copy of the evaluation in question. Such response by the ESP shall be made within 20 days of the conference. The response shall be signed by both the ESP and the principal and filed in the ESP’s personnel file with a copy provided to the ESP.
Informal Meetings:
Any informal observations which are evaluative in nature must be reduced to writing, discussed with the evaluated ESP, and submitted to the ESP for signature prior to placement in the ESP’s personnel file. Such signature does not indicate agreement to the contents of this evaluation, but acknowledgment that the ESP is cognizant of the contents.
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6.32: DEFINITION OF VACANCY
A vacancy shall be defined as a vacated or newly created position within the bargaining unit.
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6.33: POSTING OF VACANCIES
Vacancies occurring within the bargaining unit shall be posted in all school buildings on office and employee bulletin boards for a minimum of seven working days. Such notices shall contain the following information:
1. Job description
2. A statement of minimum qualifications
3. Starting date
4. Location of work
5. Hours to be worked
6. Salary range
B. During summer vacations, all vacancies shall be posted on bulletin boards in the following locations: high schools, middle schools, and administrative offices.
C. Copies of all vacancy notices and announcements shall be sent to the President of the Association.
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6.34: DEFINITIONS
A. Voluntary Transfer:
Voluntary transfer shall be defined as changes in category and/or building or changes within the building which are significantly different in working conditions or benefits.
B. Involuntary Transfer:
Involuntary transfers shall be defined as changes in category and/or building.
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6.35 VOLUNTARY TRANSFER PROCEDURES
A. Interested ESPs may apply in writing to the Superintendent, or designee, within the seven day posting period.
B. Interviews shall be granted to at least three most senior qualified applicants in addition to other internal and external applicants selected by the administration. Qualified shall mean that the applicant meets the qualifications/requirements as stated in the job description. The vacancy shall be filled from those interviewed.
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6.36 INVOLUNTARY TRANSFER PROCEDURES
Volunteers:
When it is necessary to involuntarily transfer or reassign ESPs within a building or a category, all volunteers shall first be considered.
ESP Transfers:
1. When an involuntary transfer is necessary, such transfers shall be made on the basis of district seniority. It is understood that such relocation of staff may need to be done between categories and/or buildings. An exception to the use of district seniority may occur only where an ESP is the only employee qualified for a specific position within that building or if the classroom, lab, etc. to which the employee is assigned is relocated to another building, provided that another employee has not been assigned previously.
2. Notification to an involuntarily transferred ESP shall be made in writing. Such notification shall include the reason(s) for the involuntary transfer.
C. Rights of Involuntarily Transferred ESPs:
1. Should the affected ESP’s position or hours be restored, the involuntarily transferred ESP shall have the right to return to his/her original position.
2. An involuntarily transferred ESP shall be interviewed for vacant positions which are at equal or higher rates of pay and for which he/she is qualified. Once a position, as provided herein, has been offered to an ESP, that ESP’s name shall be removed from the involuntary transfer list. An ESP shall receive a maximum of three interviews per school year.
3. The ESP involuntarily transferred shall not receive a lesser salary rate in the new position.
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6.37 VOLUNTARY/INVOLUNTARY PROCESS
A. Voluntary transfers to vacancies will occur one month prior to the start of the school year (balanced calendar, regular scheduled school year, etc.). These vacancies shall be the result of available positions which were vacated as a result of Article 10.2D and which will be filled for the following school year.
B. Postings for these vacancies shall be posted four weeks prior to the start of school. Interviews for these postings shall be conducted at least three weeks prior to the start of school. Voluntary transfers shall be limited to those ESPs employed for the successor school year. ESPs on recall or new hires shall not be eligible for such transfers.
C. After the voluntary transfer process, the following will be the procedure:
1. Involuntary transfers/displaced ESPs: Those that occur before school starts (balanced calendar, regular scheduled school year, etc.). If an ESP refuses a vacant bargaining position, he/she does not lose his/her recall rights.
2. Recall of non-probationary ESPs in categories: If an ESP refuses a vacant bargaining position, he/she does not lose his/her recall rights.
D. After school begins:
1 Recall of non-probationary ESPs in pool, any category, by seniority. (Displacements may be occurring during recall, displaced placed first before recall.)
2. Probationary ESPs in pool, by seniority.
3. New hires.
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6.38 VOLUNTARY TRANSFER TO LEAVE OF ABSENCE POSITIONS
A. Leave of absence positions shall not be considered available to ESPs for voluntary transfer.
B. Leave of absence replacement positions shall be filled in the following order:
1. with a qualified ESP who has been reduced in force
2. new hires hired as a temporary ESP for that position.
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6.39 ESP PROCEDURE FOR LAYOFF
A. No ESP shall be laid off pursuant to a necessary reduction in the work force unless said ESP shall have been notified by certified mail of said layoff at least 60 calendar days prior to the end of the school year.
B. In the event of a necessary reduction in workforce, the Board shall first release all probationary ESPs in the bargaining unit, then the lay-off of the least senior non-probationary ESPs in a category. Non-probationary bargaining unit members shall be RIFd and recalled within their category on the basis of district seniority.
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6.40 ESP RECALL RIGHTS AND PROCEDURES
Recall Procedures:
1. Notice of Recall:
Recall notice to individual ESPs shall be by telephone call followed by a mailed letter to the last known address as shown on the Board’s records. The recall notice shall state the time and date on which the ESP is to report back to work.
2. Non-Probationary ESPs:
Non-probationary ESPs shall be recalled by seniority as vacancies occur in the category from which they were reduced. An ESP not recalled into his/her category by the beginning of the school year, in addition, shall be placed in a recall pool. ESPs in the recall pool shall be recalled on the basis of district seniority (seniority is by category only) and given a choice of any available bargaining unit position for which the ESP is qualified. A RIFd ESP does not lose his/her recall rights for denying a position.
3. Probationary ESPs:
Honorably dismissed probationary ESPs shall have recall rights to positions prior to the employment of new hires.
B. Length of Recall
If any ESP is removed or dismissed from employment with the District because of a decrease in the number of ESPs employed by the District, or because of the discontinuance of a particular type of service, and if the Board within two calendar years thereafter increases the number of ESPs, reinstates the positions so discontinued, or vacancies occur, the positions thereby becoming available shall be tendered to the ESPs so removed or dismissed so far as they are qualified to hold such positions. Two calendar years thereafter shall mean two school years plus one day of the next school year immediately
commencing after the date of the Board’s action in removing or dismissing the ESP.
During this two year period, it shall be the ESP’s responsibility to provide the Assistant Superintendent, in writing, of his/her address and telephone number.
C. ESP’s Obligation to Respond to Call
A recalled ESP shall be given up to 19 calendar days from receipt of notice to report to work. It shall be the ESP’s responsibility to keep the Board notified as to his/her current mailing address. The Board may fill the position on a temporary basis until the recalled ESP can report for work providing the ESP reports within the 19 day period.
D. Recall Rights:
1. RIFd ESPs who are recalled shall have the accumulated sick leave, salary schedule placement, and seniority they had when honorably dismissed.
2. A RIFd ESP recalled to a category different from the one the ESP previously held shall have the option to be reinstated to his/her original category should one become available.
3. A bargaining unit member who is offered, through recall, a position of lesser salary or fewer hours, may refuse such position(s) and still retain his/her recall status.
4. A RIFd ESP who is recalled to a position with fewer hours than the ESP previously had shall have the option to move to any available position within the category with more hours if he/she is qualified.
5. A RIFd non-probationary ESP who is recalled and does not want the position being offered has the right of refusal to wait for another vacant bargaining unit position. A RIFd non-probationary ESP does not lose his/her recall rights for denying a position.
6. A RIFd probationary ESP who is recalled to a position of equal or greater benefits compared to the job previously held shall forfeit his/her recall rights upon refusal of the offer.
7. A RIFd ESP (probationary or non probationary), or any displaced ESP, must first be interviewed before placement at the Early Learning Center. This applies to 17.10C1, 19.8A2, and 19.8.
Unemployment Application:
District 186 shall not contest any application for unemployment submitted by a RIFd ESP who does not have “reasonable assurance” to be recalled to a position within this bargaining unit, as long as said submission is after receipt of his/her final paycheck from the District.
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6.41 JOB SHARE EXCHANGE:
ESP Formulation of Job Sharing Plan:
The job sharing ESPs will formulate a plan which includes, but is not limited to, the following: supervision/duties, faculty meetings, hours to be worked/days to be worked.
Leaves and Benefits for ESPs:
1. Leaves shall be applied consistently with the provisions of Article 12.12.
Medical insurance shall be applied pro-rata consistently with the provisions of Article 7.7B.
Neither employee shall have life insurance coverage. Major medical insurance benefits shall be provided to each employee, with the employee paying one-half of the monthly premium cost.
Each employee receives one-half of the benefits but one cannot assume the other’s portion.
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6.42 Security:
A. The primary function of security is to monitor and ensure the safety of students and staff. It is essential to maintain the integrity of the primary duties of security personnel on a daily basis. When other duties are assigned or deemed necessary by administration, every effort shall be made to cover the duties of security personnel.
B. In order to be identifiable, Security personnel will wear shirts and/or heavier clothing or jackets approved and provided by the District. Security personnel will be provided a minimum of five pieces of clothing (four shirts and one heavier piece of clothing for a total of $150). The Coordinator of Safety and Security will work with security personnel and SEA to develop security identifiers, designs/styles of shirts, and heavier clothing options (polo, fleece, jackets, ¾ sleeve jackets, button down, etc). Clothing will be replaced on an as needed basis. Clothing must be turned in to the Director of Safety and Security upon resignation, retirement, or termination.
*Individual school shirts with appropriate security markings will be approved.
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