MANAGEMENT RIGHTS: It is understood and agreed that all functions, rights, powers, or authority of the administration of the District which are not limited by the express language of this Agreement are retained by the Board, provided, however, that no such right shall be exercised so as to violate any of the provisions of this Agreement. Neither this Agreement nor the act of meeting, conferring, and negotiating shall be construed to be a delegation to others of the policy-making authority of the Board, which authority the Board specifically reserves unto itself. The management of the District and the direction of its employees are vested exclusively in the Board in all such areas but not limited to the following:

1. Direct employees covered by this Agreement;

2. Hire, retain, promote, transfer, suspend, discharge, and assign employees;

3. Relieve employees from duty because of lack of work or loss of revenue;

4. Establish, modify, delete, and enforce reasonable rules and regulations;

5. Determine the method, number, and kinds of personnel by which operations undertaken by employees are to be conducted, including the right to designate the work to be performed by the District or others and the places and the manner in which it is to be performed.

ARTICLE 4 - ASSOCIATION RIGHTS

A. NON-JEOPARDY AND RIGHT TO ORGANIZE: It shall be the right of teachers to join and support the Association for the purposes of negotiating with the Board of Trustees, or its duly selected representative, with respect to the subjects of negotiation and to confer or consult on any other matters for the purpose of establishing, maintaining, protecting, and improving educational standards and to establish procedures which will facilitate and encourage settlement of disputes, pursuant to the Collective Bargaining Act. The Board agrees that it shall not deprive any teacher of the rights conferred by this Agreement or the Collective Bargaining Act.

B. INFORMATION. INFORMATION;:

1. The Board recognizes the necessity for the Association to have in its possession information to maintain the Agreement and prepare for negotiations; therefore, upon written request to the Office of the Superintendent, one copy of the materials listed below will be furnished to the Association by the Board at no cost within ten days of the receipt of the request, provided such materials are available.

a) Final General Fund Budgets e) Administrative Regulations

b) Annual Report of District Clerk f) School Census Reports

c) Fall Report of Licensed Personnel g) Names and Addresses of Teachers

d) Agenda and Minutes of Board Meetings

2. The Association, upon written request to the Superintendent or designee, shall also be furnished information or access to information that is of a public nature and is available. For such information the Board may, at its option, charge the Association for the cost of preparing or providing copies of the information.

C. ASSOCIATION ACCESS TO BUILDINGS. ASSOCIATION ACCESS TO BUILDINGS;:

1. Upon notification to the building principal or supervisor, the duly authorized representatives of the Association and its respective affiliates may transact official Association business on school property at reasonable times, provided that there is no disruption of the educational process or of a teacher's assigned duties. It is the responsibility of the above-mentioned representatives to report their presence to the office of the building principal or supervisor before their conference with any teacher.

2. Upon request to and approval by the building principal or supervisor, Association meetings may be conducted on school property at reasonable times and hours, provided such meetings or building use do not interfere with the education process, which includes duty day, or normal school functions. Denial may be made if requests for meetings are considered excessive. Denial may be made for reasons of proper commitment of the facilities requested or previously scheduled faculty meetings. If the time requested is during a time when no custodial staff is on duty in the requested school or where such use will cause overtime for the custodial staff, the Association will have the option of changing the time or paying a charge for usage that is consistent with Board policy.

3. It is understood that the Board may grant the Association additional access from time to time to teachers during the teacher's duty day.

D. INTERSCHOOL MAIL. INTERSCHOOL MAIL;: The Association shall have the right to use interschool mail facilities and school mailboxes for distribution of printed materials to teachers; provided that all such materials clearly and conspicuously identify that they are distributed and authorized by the Association. A copy of all such materials shall be given to each building administrator when distribution occurs in that administrator's building and to the Superintendent of Schools. The Board may provide additional distribution.

E. BULLETIN BOARDS. BULLETIN BOARDS;: The Association shall have exclusive use of some portion of a bulletin board, if existing, in a teacher use area.

F. PAYROLL DEDUCTIONS. PAYROLL DEDUCTIONS;:

1. Dues Checkoff.cE.. Dues Checkoff;: The District shall deduct from the salaries of teachers such monies for the Exclusive Representative as said teachers individually authorize the District to so deduct. While no teacher shall be required to be a member of the Association, the following language shall be contained in each individual contract presented to a teacher, beginning with said contracts for the 1996-97 school year:

"For the term of this Contract, the teacher authorizes and directs the School District to deduct from monthly earnings such monies as are required to pay the Association's representation fee, and to pay over to the Association those monies."

Commencing in September and each month thereafter, the District shall deduct in equal installments the monies that are so authorized. New authorizations when received by the District during the school year will be deducted prorata. The Exclusive Representative shall certify to the District the rate of representation fees for the following school year no later than the first day of that school year. In no case will the Exclusive Representative designate a representation fee to be collected which would have Association nonmembers paying any amount other than for negotiations and other representation activities, and such fee shall not include amounts not chargeable under the law and applicable court decisions.

2. Authorization: Any authorization for additional deductions for the Association must be signed by the individual teacher and delivered to the District, and shall become effective between the date the signed authorization is received by the District and two months thereafter. The basic Association representation fee deductions authorized by the individual contract shall remain in force for the term of the individual contract. Any additional deduction authorization shall be terminated between the date of receipt of a signed notice to terminate from the individual teacher, and two months thereafter.

3. Transmittal: The District shall transmit all deducted monies, along with a list of names for whom deductions are made, to the party designated by the Treasurer of the Exclusive Representative on a monthly basis.

4. Hold Harmless Clause: The Association agrees to indemnify and hold harmless the District, the Board, each individual Board member and all administrators against any and all claims, suits, or other forms of liability, and all court costs arising out of the provisions of this Agreement between the parties for dues and representation fee deductions. This provision is not intended to absolve the District of any errors that it may make prior to transmittal of funds to the Exclusive Representative.

5. All members of the Bargaining Unit shall be allowed to vote on all contract ratification and strike authorizations.

6. Payroll deductions may also be available for other purposes upon written application by the individual teacher and upon written authorization of the Board.

7. An individual teacher may initiate and/or change payroll deductions at no charge to the teacher if the changes and/or initiations are submitted together during September. Credit union changes and/or initiations are extended to October 7. After that date it is understood that the Board may charge a $5 fee for initiating and/or changing a payroll deduction. Exception: No fee will be charged for United Way or Appropriate Unit or statutorily required deductions.

G. ASSOCIATION PRESIDENT'S LEAVE. ASSOCIATION PRESIDENT'S LEAVE;: The Board shall grant, upon written request from the Association by June 1 of the year prior to the leave, release time with pay to the president of the Association for the duration of the ensuing school year, provided a qualified teacher replacement is available. The Association shall pay the president's salary and fringe benefit costs. The president shall retain all other benefits of employment, and, if offered a contract following the presidential leave, shall be entitled to the former position held provided it still exists. If the position no longer exists, the president shall be entitled to reassignment to a position approximately the same grade level or subject area held at the time the leave was first requested or to a position for which the president is qualified. By virtue of the office, the president shall have substantially greater experience and qualification to be employed by the Board during the term of the leave provided the Board receives notification of the president's election prior to the action by the Board on a reduction in force. This section shall not be construed or applied so as to vest a non-tenured Association president with seniority rights superior to those of a tenured employee.

H. ASSOCIATION NEGOTIATION COSTS. ASSOCIATION NEGOTIATION COSTS;: When the Board and the Association mutually schedule negotiations during the duty day, any teacher who participates in said negotiations shall suffer no loss of pay or other benefits. The Association shall reimburse the Board for the cost of a hired substitute teacher for each absence under this provision.

I. ASSOCIATION AFFILIATE MEETINGS. ASSOCIATION AFFILIATE MEETINGS;:

1. Teachers elected or appointed to serve as official representatives of the Great Falls Education Association, MEA-MFT, American Federation of Teachers, or the National Education Association may be permitted attendance at necessary state, regional, and national meetings in performance of their official duties for the purpose of conducting internal business without loss of pay or other benefits; however, if the absence is granted, the Association shall reimburse the Board for the cost of a substitute teacher for each day a teacher is absent whether or not a substitute is hired. Total number of days allowed under this provision shall not exceed ninety-three (93) days per school year and shall not exceed five days per individual per month nor nineteen days per individual per school year. An additional ten (10) days will be allowed during years in which the Association and District conduct bargaining.

2. Requests for absence to serve as an official representative should be submitted at least two weeks in advance. Such applications for absence shall be on the proper District form and shall be approved by the Association prior to being submitted to the Board.

J. REPRESENTATION ON COMMITTEES. REPRESENTATION ON COMMITTEES;:

1. The Association shall recommend up to twice the number of teacher representatives needed for any District committee, which has teacher members. This listing shall be submitted within fifteen school days of receipt of request or the Association shall forfeit its right to recommend teacher representatives as it relates to that particular request.

2. The Board shall choose members of the District committees.

3. After Committee members have been chosen, the Board shall publish a list in the Newsbits.

K. SCHOOL CALENDAR COMMITTEE. SCHOOL CALENDAR COMMITTEE;:

1. A committee composed of three teachers, three administrative personnel, three classified personnel, and three parents will be appointed by the Superintendent for the purpose of submitting recommendations for the proposed school calendar to the Superintendent of Schools by January 1. The teaching personnel shall be selected from a representative list of six names of teachers submitted by the Association within twenty-one calendar days of receipt of the request or the Association shall forfeit its right to recommend teacher representatives on the Calendar Committee.

2. A proposed calendar(s) will be presented to the teachers by the Superintendent of Schools for the teachers’ review prior to the presentation of the calendar to the Board by the Superintendent.

3. The school calendar is set by the Board.

ARTICLE 5 - TEACHER RIGHTS

A. TEACHER PERSONNEL FILES. TEACHER PERSONNEL FILES;:

1. Teachers shall have the right, upon written request, to review the contents of their personnel file, except for the confidential items received by the Board prior to the teacher's employment. The teacher may be accompanied by a representative if desired. One copy of any materials placed in the teacher's file following employment by the Board will be made available to the teacher without cost upon written request.

2. The teacher will be notified of all additions to his/her personnel file with the exception of:

a) Items received from or requested by the teacher or items where the teacher has been given a copy.

b) Items bearing the teacher's signature.

c) Items pertaining to licensure, course work, or summaries of earned credits.

3. All items in the teacher's file shall be identified as to the source.

4. The teacher shall have the right to answer any material filed, and his/her answer shall be reviewed by the Human Resources Manager and attached to the file copy.

5. If any administrator or supervisor other than the Human Resources Manager and his/her staff or the teacher's attorney-in-fact requests the right to see a teacher's personnel records, the name of the person(s) making the request and the date the request was granted will be recorded and placed in the teacher's personnel file.

B. PROTECTION OF TEACHER RIGHTS. PROTECTION OF TEACHER RIGHTS;:

1. Any formal complaint or criticism concerning a teacher deemed by an administrator to justify investigation or action of any nature shall be brought to the attention of the teacher involved. When deemed appropriate by the administrator or teacher involved, a conference(s) shall be scheduled involving the concerned parties. Parties to the conference(s) may, at their option, have Association representatives present. In no case will a written report be made or will any entry be made in a teacher's personnel file or any formal disciplinary action be taken as a result of a complaint or criticism until the above procedures have been followed, it being understood that the Superintendent may take such action as necessary where the health, welfare, or safety of students or other persons may be in jeopardy.

2. The Board shall give reasonable support to teachers in the discharge of their duties in accordance with Board policies and state statutes.

3. No teacher shall suffer discrimination in respect to employment in the District based on age, sex, race, creed, marital status, religion, or political activities or lack thereof.

4. No teacher shall be formally disciplined or reprimanded, reduced in compensation, suspended or terminated without just cause. Nothing herein shall be construed to infringe upon or restrict the Board's right to decline to renew the contracts of teachers in accordance with the applicable laws, it being understood that the Board shall not base its decision of non-renewal upon arbitrary or capricious grounds. This clause does not apply to extra or co-curricular or department head positions.

C. MATTERS OF MUTUAL INTEREST. MATTERS OF MUTUAL INTEREST;: Nothing contained in this Agreement shall be construed to prevent Board members, administrative employees of the Board, and teachers from considering or discussing any matter of mutual interest. However, this is not to be construed so as to lessen any teacher's right to join or assist the Association in collective bargaining. Any changes or modification to this Agreement shall be made only through collective bargaining and agreement in the manner provided by the Collective Bargaining Act.

D. TEACHER RECOMMENDATIONS. TEACHER RECOMMENDATIONS;: The Board, while retaining the right to make the final decision in the following matters, agrees to continue and encourage the practice of considering, prior to final adoption, the recommendations of teachers or District committees as to the selection of texts, the improvement of curriculum, the adoption of new courses, the selection of instructional equipment and supplies, and other budgetary items and matters pertaining to the educational program of the District.

ARTICLE 6 - HOURS AND OTHER CONDITIONS OF EMPLOYMENT

A. DUTY DAY FOR TEACHERS. DUTY DAY FOR TEACHERS;:

1. The regular duty day for teachers shall not exceed eight hours per day, including the lunch period, for not more than 187 contract days. If the lunch period is longer than thirty minutes, duty may be assigned to affected teachers. There shall be no additional pay for time until the teacher has exceeded eight hours in the duty day, not to include time spent in activities outlined in Section 3, below. The scheduling of school hours and employee duty day shall be the exclusive decision of the Board. In the event that state funding provides for additional school days, teachers will be compensated at their daily rate.

2. On the last school day preceding Labor Day, State Teachers' Convention, Thanksgiving, Christmas, Presidents' Day, Easter, and Memorial Day, teachers who do not have assigned District responsibilities shall be released from duty at the end of the individual building's regular student school day. The only exception shall be a PIR day immediately preceding Labor Day weekend.

3. Teachers shall not receive extra compensation for PTA meetings, student-related educational conferences, departmental and faculty meetings, open houses, from time to time special programs, which involve student participation, or activities for which teachers volunteer. To the extent practical, departmental and faculty meetings will be contained within the regular duty day, it being understood that extensions beyond the regular duty day may sometimes be necessary.

4. In the event a hazardous, unsafe, or unsanitary condition exists within a school, making it necessary to dismiss students, teachers will not be required to remain in the building but may be reassigned to other instructional activities.

B. PARENT CONFERENCES. PARENT CONFERENCES;: When parent conferences are required by the Board, teachers shall be granted time free from student contact for the purpose of conducting such parent conferences.

C. DUTY-FREE PERIODS. DUTY-FREE PERIODS;:

1. Each teacher shall have no less than a thirty minute uninterrupted, duty-free lunch period unless the interruption is agreed to by the teacher or an emergency arises. Except in the case of an emergency, the teacher may leave his/her respective building during the lunch period, providing the office of the principal has been notified.

2. Each classroom teacher, in addition to preparation time outside the duty day, shall have a period of time during the teacher's duty day to be used for purposes of planning or preparation for assigned District duties unless an emergency arises. Nothing herein shall prohibit the teacher from using a reasonable portion of this time for a break. It is understood that from time to time building activities may prohibit scheduling this daily preparation time.

a) At the senior or middle school levels the preparation time shall be one regular class period.

b) At the K-6 levels the preparation time shall be no less than thirty minutes in length and shall not include the thirty minute duty-free lunch period nor the one-half hour before or after the students' regular school day. No variation may occur without mutual agreement of the teacher and the administrator. Upon mutual agreement, a preparation period may be eliminated one day and added to another day within the same week.

3. All K-6 teachers shall receive a fifteen-minute break in the morning and the afternoon during their student contact day unless their preparation period is provided during that time.

4. A teacher shall not be required to remain with his/her class when it is receiving instruction or supervision from another licensed person unless the teacher is an integral part of the particular project or lesson to be presented as previously requested by the teacher. Such release time shall be used in accordance with Section 2, above.

5. A K-6 teacher may be requested to stay with a class if more than one specialist is scheduled on a given day.

D. QUARTERLY EARLY OUTS

One student early out day will be given at the end of each quarter to provide time for teacher preparation.

E. PART-TIME TEACHERS AND LESS THAN FULL-YEAR TEACHERS:

1. Part-time teachers shall not be used to replace full-time teaching positions except under extenuating circumstances or under a job-sharing contract with the mutual agreement of the affected teacher(s). It is understood that a teacher may elect to have an Association representative present during District conferences related to job-sharing positions. The Association and the Board shall mutually agree to all terms of the job-sharing contract that are addressed in the Negotiated Agreement.

2. A teacher contracted to provide services for less than a normal duty day of the regular full-time teacher shall be classified as a part-time teacher.

3. Less than full-year teachers are those teachers who are employed for the regular duty day but who begin work after the initial day of the regular school year.

4. Part-time teachers and less than full-year teachers shall be paid according to their placement on the appropriate Teacher Salary Schedule commensurate with their training and experience. Said salary shall be pro-rated to the portion of their regular duty day and/or to the proportion of their regular contract year.

F. EVALUATION OF TEACHER PERFORMANCE:

1. The parties agree that the primary objective of the program to evaluate teacher performance is to improve the quality of instruction. Further, the parties recognize the importance and value of the procedure for assigning and evaluating the progress and success of both non-tenured and tenured teachers.

2. Evaluation of teacher performance shall be done by the principal or assistant principal or the supervisor of the appropriate area and must be based on his/her own observations. Other personnel may be used to evaluate teacher performance when agreed to by the teacher.

3. All teachers during their first eight weeks of each school year shall be oriented to the evaluation procedures and criteria upon which they will be formally evaluated and who may observe and evaluate their teaching performance. If the teacher is contracted after the first eight weeks of the school year, an orientation to the evaluation process will take place prior to the first observation. (2009)

4. Prior to the first observation of the school term a pre-conference shall be held between the evaluator and the teacher to apprise the evaluator of the teacher's objectives, methods, and materials planned for the teaching-learning situation to be evaluated. Subsequent pre-observation conferences may be held at the discretion of the evaluator.

5. Each formal written evaluation of a teacher's performance shall be preceded by an observation of at least one hour or the duration of a particular teaching period, but not for more than two hours duration. Variations in these times shall be mutually agreed upon by the teacher and evaluator.

6. Other than the post-observation conference, which shall be conducted in conjunction with the discussion of the formal written evaluation, other observations of the teacher may be followed by a personal conference between the teacher and the evaluator for the purpose of discussing the observation.

7. The evaluator shall not unduly interfere with the normal teaching-learning process while observing.

8. A copy of the formal written evaluation of the teacher's performance shall be given to the teacher and a conference held between the teacher and the evaluator within ten school days of the final classroom observation on which it is based. If the teacher believes the evaluation is incomplete or inaccurate, the teacher may submit objections in writing, which shall be attached to the file copy of the evaluation report. However, the contents of formal evaluation of teacher performance shall not be subject to the Grievance Procedure.

9. If an evaluator finds a teacher needing additional development and growth, he/she shall set forth the specific ways in which the teacher is to improve and of possible assistance to be given by the administrator or other staff members. Progress or lack of progress in any specific deficiencies shall be addressed by the evaluator in subsequent evaluations.

10. The performance of non-tenured teachers shall be formally evaluated during each year as a non-tenured teacher.

11. A reasonable effort will be made to formally evaluate the performance of each tenured teacher annually, but at least once every five years. Requests for an evaluation by a tenured teacher will be given special consideration.

12. All formal evaluation of performance of a teacher shall be conducted openly and within the full knowledge of

the teacher. The use of eavesdropping, closed circuit television, public address or audio systems, and

similar surveillance devices shall be strictly prohibited.

G. STUDENT DISCIPLINE. STUDENT DISCIPLINE;:

1. The parties recognize that part of the teacher's responsibility is to maintain control and discipline of students. The Board further recognizes its responsibility to give support and assistance to the teacher with respect to the maintenance of control and discipline in the classroom and school in accordance with established Board policies, administrative regulations, building procedures and state statutes; however, the Board shall not be obligated when any disciplinary actions employed by any teacher is contrary to law, Board policy, or administrative regulations.

2. The Board shall set all policies on matters of discipline. A team, minimally consisting of building administrators and teachers, shall develop disciplinary procedures for their respective buildings that are consistent with state statutes, Board policies, and administrative regulations. These disciplinary procedures shall be completed or updated and reviewed by each faculty prior to a date established by the principal. These shall be distributed to students, teachers, and parents no later than October 1 of each year, and it shall be the responsibility of the administration and teachers to enforce these policies, regulations, and procedures.

3. When an offense, persistent misbehavior, or the disruptive effect of misbehavior makes the continued presence of a student in the classroom intolerable, the student may be referred by the teacher to the principal or his/her designee for disciplinary action. In such case, an account of the problem or incident will be communicated as soon as feasibly possible, given instructional and safety responsibilities, by the teacher to the principal or his/her designee. The communication should include what previous corrective action, and/or parent communication if any, has been taken by the teacher. The principal or his/her designee shall communicate the disposition of the referral as soon as feasibly possible given administrative and safety responsibilities.

In cases when the disruptive effect of the student’s behavior is so extreme as to preclude the instructional process, the teacher shall immediately communicate the need to remove the child temporarily from the classroom until such time as the student, teacher, and principal or other appropriate authority, resolves the situation. (2009)

H. CLASS SIZE. CLASS SIZE;:

1. All decisions on teacher-student ratios and class size shall be made by the Board of Trustees.

2. In the event of a substantial loss of revenues or substantial impact of students to the District or any attendance area thereof, this section shall be immediately opened to be rebargained.

3. Teachers who are assigned classes in which the total aggregate enrollment (Article 1 – Definitions) exceeds current minimum State Standards (Standards of Accreditation of Montana Schools, 10.55.712 and 10.55.713 – Article I - Definitions) shall be compensated for each student or major fraction thereof in excess of the said standards for each class. The rate for part-time kindergarten classroom teachers shall be $60 per semester for each student or major fraction thereof in excess of the said standards. The rate for full time kindergarten teachers shall be $120 per semester for each student or major fraction thereof in excess of the said standards. The rate for elementary teachers in grades 1-6 shall be $120 per semester for each student or major fraction thereof in excess of the said standards. The rate for middle school and high school classroom teachers shall be $40 per semester for each student or major fraction thereof in excess of said standards. To be eligible for payment, the total aggregate enrollment shall be submitted to the Human Resources Manager by the teacher within seven calendar days after the completion of the semester and shall be computed by dividing the Aggregate Days Belonging in each semester of the regular school term by the number of Pupil Instruction (PI) Days in each semester of the regular school term. Other Days (OD) and Pupil Instruction Related (PIR) Days are not calculated in this computation. The building principal shall verify and sign all requests for overload payments.

4. Where maximum numbers within a particular building, subject area, or grade level must exceed state standards, reasonable effort(s) will be made to distribute excess students among the teachers assigned to that grade level or subject area.

I. PROFESSIONAL DEVELOPMENT. IN-SERVICE;:

1. The professional development program should provide for the needs of teachers at all levels of experience and compliment implementation of District programs. Teacher needs and recommendations shall be solicited prior to the initial planning and will be considered for decisions on professional development.

2. Non-tenured teachers will be required to attend staff development (3 years) prior to the beginning of the contracted school year. (2009)

a. First year teachers will attend mandatory 5-day New Teacher Training and will have the following options:

· Be paid 30 hours at the non student contact rate as outlined in Article 8, Section S, or;

· Be paid 24 hours at the non student contact rate as outlined in Article 8, Section S, and receive 6 hours of Flexible PIR credit or;

· Be paid 18 hours at the non student contact rate as outlined in Article 8, Section S, and receive 12 hours of Flexible PIR credit.

b. Second and third year teachers will attend mandatory 3-day 2^nd/3^rd Teacher Training and will have the following options:

· Be paid 18 hours at the non student contact rate as outlined in Article 8, Section S, or;

· Be paid 12 hours at the non student contact rate as outlined in Article 8, Section S, and receive 6 hours of Flexible PIR credit or;

· Be paid 6 hours at the non student contact rate as outlined in Article 8, Section S, and receive 12 hours of Flexible PIR credit.

3. Tenured teachers may elect to attend professional development outside the contracted school year.

4. Teachers affected by Article 6, Section I, 2-3 will be paid the hourly rate as per Article 9, Section S.

5. When a conference, meeting, or professional development session is scheduled at the option of the Board or administration during the duty day, the teachers involved shall suffer no loss of pay or other benefits.

Note: Whichever the combination of PIR hours and/or hourly pay is taken, all full-time teachers, tenured and non-tenured, are required to have 18 hours PIR training throughout the current school year with 6 of those hours being district directed. PIR hours for less than full-time teachers may be prorated. Non-tenured PIR hours do not count toward District Directed PIR. (2009)

J. VACANCIES AND NEW POSITIONS. VACANCIES AND NEW POSITIONS;:

1. A vacancy is any teaching or administrative opening or new position in the District which has not been filled by the reassignment of employees whose former position is no longer available.

2. Whenever a vacancy occurs for the upcoming school year during the regular school year, the Board shall advertise the position(s) in the weekly Newsbits or in an electronic supplemental bulletin distributed to all teachers for five (5) days. (Example: posting vacancies on Friday and closing on Wednesday)

3. Whenever vacancies occur during a period when the Newsbits is not published, the vacancy shall be posted at the District Office Building.

Also, within a week after the teacher's last duty day and until a week before the first day of the New Teacher Training day, the School District shall put a recorded message on the Human Resources Employment Opportunity Hotline telephone number (268-6019) listing current vacancies. This message shall include a specific description of the position(s) to be filled, the necessary minimum qualifications, and the date applications are to close. A written record of the message shall be submitted to the Association. Vacancies will be posted on the Great Falls Public Schools Human Resources website, www.gfps.k12.mt.us.

4. The notice of vacancy shall include a specific description of the position(s) to be filled, the necessary minimum qualifications, and the date applications are to close.

5. No permanent assignment shall be made until a vacancy has been advertised for five (5) days; however, nothing shall prevent the Board from making interim appointments in cases where time is a critical factor.

6. A teacher shall apply for a vacancy on the District form furnished by the Board, and application shall be made within the designated time period. All applications from currently employed teachers shall be considered by the Human Resources Office.

7. This provision shall not apply to teaching or administrative or new positions of less than one (1) year.

8. Any vacancy, which occurs during the school year, may be filled on a temporary basis but shall be re-advertised as a vacancy for the next school year.

9. The Board may elect to advertise positions in the District which are part-time, co-curricular, extracurricular, vacancies or new positions of less than one (1) year, or positions which do not meet the definition as described in Section 1, above.

K. ASSIGNMENTS AND TRANSFERS. ASSIGNMENTS AND TRANSFERS;:

1. Assignments.cO.. Assignments;:

a) The assignment of teachers shall be made by the Board in conformity with the terms of this Agreement.

b) The District will attempt to give each continuing teacher who has a change of assignment a notification of class and/or subject assignment and the building assignment for the forthcoming year prior to the last day of school.

2. Voluntary Transfer.cP.. Voluntary Transfers; is the movement of a teacher to a different building for which the teacher has applied.

a) Requests by a teacher for a Voluntary Transfer to a specific vacancy shall be made in writing on the standard form furnished by the Board. The application shall set forth the reasons for the transfer, the school, grade, or position sought, and the applicant's experience and qualifications, including licensure and endorsements.

b) A request for transfer shall be made prior to the closing date.

c) If the Board elects to fill a vacancy occurring during the year on a temporary basis rather than by transfer, that position shall be reopened to teachers employed in the District before the close of the current school year and shall be available under this transfer provision for the ensuing school year.

d) Within thirty-five (35) calendar days after teaching contracts or letters of intent have been offered to the current staff for the ensuing school year, a list of known vacancies by grade and/or subject area in the various buildings will be advertised in the weekly District Bulletin or by written notice posted on the central bulletin board at the District office building if during the summer months when regular school is not in session.

Also, within a week after the teacher's last duty day and until a week before the first day of the New Teacher Training day, the School District shall put a recorded message on the Human Resource Employment Opportunity Hotline telephone number (268-6019) listing current vacancies. This message shall include a specific description of the position(s) to be filled, the necessary minimum qualifications, and the date applications are to close. Vacancies will be posted on the Great Falls Public Schools Human Resources website, www.gfps.k12.mt.us.

e) Each current teacher who meets the minimum qualifications advertised shall be granted an interview. Requests for transfer shall be acted upon before assignment of any new teachers to the school system. Requests for transfer from teachers already employed by the Board shall take precedence over applicants new to the District when the qualifications of the applicants are substantially equal. For the purposes of this Section, “qualifications” shall include the professional and personal qualifications of the applicant(s), as well as the applicant’s experience. Requests shall be considered for vacancies, which may arise during the summer months when regular school is not in session. After June 15th, an individual is limited to four (4) transfer requests.

f) Opportunity to transfer may be denied to a teacher who is or has been on an improvement plan during the school year.

g) Within ten (10) working days of receipt of the written denial of a voluntary transfer, the teacher may request the specific reasons for the denial in writing. Within ten (10) working days of the receipt of the request, the administrator shall respond in writing. In the event a team was involved in the consideration, care shall be taken to incorporate the rationale from each team member. Arbitration of this Section shall be limited to allegations of an arbitrary or capricious decision by an administrator(s), and the arbitrator shall not substitute his/her judgment for that of the administrator(s).

3. Non-Voluntary Transfer is.cQ.. Non-Voluntary Transfers; the movement of a teacher to a different building for which the teacher has not applied. Requests for the transfer of a teacher which are initiated by the principal, supervisor, or Board shall be communicated in writing with the reason(s) for the transfer stated to the person(s) involved in the transfer prior to the final Board action.

4. Compensation for reassignment or non-voluntary transfer:

a) For an in-building room change, the teacher will be compensated for up to

six hours at curriculum hourly rate.

b) For a building change, the teacher will be compensated for up to twelve

hours at curriculum hourly rate.

L. REDUCTION IN FORCE. REDUCTION IN FORCE;:

1. A Reduction in Force and the term "layoff" as used herein shall mean any suspension from employment arising out of a reduction in the teacher work force of the District, and shall be separate and distinct from the terms retirement, resignation, nonrenewal, discharge, dismissal, or termination.

2. Grades 7-12 and Grades K-6 shall be considered as separate units for purposes of this section so that the layoff procedure with respect to one such unit shall not apply to other units.

3. Non-tenured teachers shall be excluded from this Reduction in Force provision.

4. If the layoff affects a particular educational program or unit, layoffs will be confined to personnel employed in such program or unit. However, nothing shall be interpreted or applied so as to prohibit the Board from assigning laid off personnel to positions in other units or programs, for which they are qualified, held by less senior teachers.

5. Definition - Seniority shall be defined as the total length of continuous service, including full credit for service of less than a full duty day or service of less than a full contract year, if a teacher has signed a contract for the ensuing school year with the District. Seniority shall accrue from the date of employment. Seniority will not be broken by approved leaves of absence. Seniority will not be broken by employment by the Board in a position outside the appropriate unit if the Board required certification/license for employment in that position. In the event of identical dates of employment, those holding advanced preparation as of November 15, 1985, shall have precedent. In the event of both identical dates of employment and advanced preparation, rank shall be determined by lot. This order once established shall not change. Teachers hired after November 15, 1985, shall accrue seniority solely by date of hire.

6. Loss of Seniority - A teacher shall lose his/her seniority for any of the following reasons:

a) if a teacher is dismissed and not subsequently reinstated.

b) if a teacher retires.

c) if a teacher resigns.

d) if a teacher overstays a leave of absence without obtaining an extension of the leave.

e) if a teacher declines an offer of recall to the previous-held positions or an equivalent position.

7. Seniority List - A seniority list shall be prepared by the Board at least once a year not later than January 1. Needed corrections to this list shall be presented to the Board in writing prior to January 20. All uncontested data will be considered accurate from that point and for subsequent years. Corrections after this date may be made only with the written agreement of the Board. A copy of this list shall be provided to the Association and shall be available in all buildings for review during regular working hours.

8. When a reduction in force takes place, the least senior teacher shall be laid off first, provided that the least senior teacher does not have experience and qualifications that are substantially greater than a more senior teacher does. If the less senior teacher has such experience and qualifications, a more senior teacher shall be laid off first.

9. Recall:

a) Grievance rights for violation of recall shall exist for up to twenty-one months from the last day of work, but in no event can a grievance be filed beyond the time limits established for Level 1 of the Grievance Procedure if the aggrieved party becomes aware of the occurrence of the grievance, or, with reasonable diligence, should have become aware of the occurrence of the grievance.

b) When recalling to the former teacher's District assignment, the most senior teacher shall be the first recalled, provided that a less senior teacher does not have experience and qualifications that are substantially greater than the more senior teacher does. In such event, the less senior teacher shall be recalled first.

c) When recalling to a teaching position other than the previous District assignment, the most senior teacher must have experience and qualifications that are substantially greater than all other personnel.

d) The Board shall give written notice of recall from layoffs by sending a registered or certified letter, return receipt requested, to said teacher at the teacher's last known address. The teacher's address as it appears on the Board's record shall be conclusive when used in connection with layoffs, recalls, or other notices to the teacher. It shall be the responsibility of each teacher to notify the Board of any changes of address. If the Board is not able to cause delivery of the notice of recall within fifteen days of the date that such notice was sent, it shall result in forfeiture on the part of the teacher to any further rights to reinstatement.

e) The teacher on recall who signs a contract with another school district shall notify the District immediately or shall forfeit all rights to recall.

f) If the District has knowledge that any teacher on recall is under contract with another school district, the District is under no requirement to offer a contract to a teacher on recall unless the District has received notice that the other employer is aware of the possibility of recall to District employment, and the other employer has agreed to release the teacher upon recall by the District.

g) If a teacher declines or does not accept an offer of recall to the previous-held position or an equivalent position within seven days of the notice of recall, it shall result in the forfeiture on the part of the teacher to any future rights of recall under this article.

10. The Board shall be the sole determinant of: the number of teachers employed in each school program(s); the continuation, elimination, or modification of each school program(s); and of the quality of each school program(s).

11. The arbitrator shall not have the power to modify, add to, correct, or substitute his/her judgment for that of the Board unless the record of the arbitration hearing clearly demonstrates that the Board acted in an arbitrary and capricious manner.

ARTICLE 7 - TEACHER LEAVES

A. SICK LEAVE. SICK LEAVE;:

1. Teachers shall be allowed to use accumulated sick leave, without loss of pay, for absences from regularly contracted teaching duty due to personal or family illness or physical disability. Teachers contracted for the summer months shall earn and be entitled to use accumulated sick leave benefits.

2. Any absence by a teacher resulting from bodily injuries suffered directly from an assault on a teacher while performing contracted duties in accordance with Board policies and state statutes will not be deducted from the teacher's contracted salary for sixty (60) calendar days from the date of injury. The value of all benefits paid to the teacher during this period from all other eligible sources shall be deducted from contracted salary and benefits or repaid to the Board upon receipt. The assault shall be immediately reported to the building administrator and central administration, and a formal complaint may be filed with the proper legal authorities. Any benefits inappropriately paid under this provision shall be repaid to the Board, and the Board's cost of collection shall, if overpayment was caused by teacher action or inaction, be added to the cost of reimbursement.

3. Each teacher will be credited with thirteen (13) days of sick leave on the first contracted day of the school year. The teacher who does not complete contract obligations will be liable to the district for sick leave paid beyond the employee's entitlement. Employment for less than 187 full-time duty days or employment for more than 187 full-time duty days shall earn or accrue sick leave on a proportionate basis to the 187 full-time duty day contract. [This shall not increase, decrease, or affect anything regarding long-term substitute teachers.]

4. For purposes of severance, unused sick leave is cumulative to a maximum of 187 days.

a) However, sick leave may be accumulated without limit for purposes outlined in Article 7 Section A, paragraph 1. The record of an employee's sick leave accrual shall be kept in the business office. Deductions shall be made from this account when the employee is absent under the sick leave provision, and additions are made to this account in accordance with the established schedule. The number of accumulated days of sick leave shall be indicated in each regular paycheck.

b) Upon retirement from the district, a teacher with 187 days of unused accumulated sick leave will be compensated $50 for each day of credit beyond the scheduled 187 days. Such payment will be made on or about July 1. The payment will be separate from the severance buy-out.

5. SICK LEAVE BANK: Teachers shall have the right to donate, in writing, accrued sick leave days to a teacher of their choice.

a) No teacher may receive more than twenty (20) days of donated sick leave during any school year. When using the twenty (20) days of donated sick leave, the teacher may not receive pay or compensation from other plans in which the District participates, either in whole or in part.

b) In a case of catastrophic, life threatening illness, a teacher may receive more than the allotted twenty (20) days (Article 7.A-5.a) during the contract year. A catastrophic, life threatening illness is defined as cancer, organ failure, stroke, non-elective surgery, and acute accident injuries. This list is a guideline and not inclusive. Medical documentation will be required.

The determination of qualifying for additional donated days will be made by the Human Resources Director, the GFEA President, and one designee from each unit. Determination must be unanimous. (2009)

6. PERSONAL LEAVE: Two (2) days of personal leave are earned each year. Personal leave absence, prorated for those working less than a full day or a full school year, will be added to a teacher’s accumulated sick leave after the accumulation of personal leave reaches six (6) days. See Article 7, Section A, paragraph 5, part d, below. These days shall be granted in minimum units of half days without loss of pay or other benefits for activities not provided for in other provisions of this Agreement.

a) This leave provision shall not be used during any period of time when, in the opinion of the

immediate supervisor or building principal, the teacher’s contracted functions or activities in the District cannot be properly carried out by substitute personnel.

b) Application for this leave stating the purpose of the leave shall be made on the proper District form to the Human Resources Office at least five school days prior to the time of use. Exceptions to the five days requirement shall be made exclusively by the Board.

c) Use of this leave shall not exceed twenty teachers on any given contract day. These leaves will be granted in order of receipt by the Human Resources Office.

d) Personal leave days may be accumulated to a maximum of 6 days (3 years). Accumulation of personal days may not exceed six (6). The accumulated days may be taken consecutively if the days are available (Article 7, Section A, paragraph 5, part c). Days earned beyond six (6) will automatically be placed in the individual’s sick leave bank.

7. ADOPTION LEAVE: Teachers may use up to 5 days of accrued sick leave for the purpose of an

Adoption. The teacher shall notify the District as soon as the teacher knows the need for such leave. The District may require substantiation for the use of adoption leave.

8. PATERNITY LEAVE: Teachers may use up to 5 days of accrued sick leave for the purpose of the birth of the teacher’s child. The teacher shall notify the District as per sick leave procedures. (2009)

B. BEREAVEMENT LEAVE. BEREAVEMENT LEAVE;:

1. Teachers shall be allowed up to five (5) days at full pay for absences from school for each occurrence of death in the teacher's immediate family or for any other member of the teacher's immediate household. This leave allowance is in addition to other leaves allowable in this contract. Immediate family shall be defined as teacher’s father, step-father, father's brother, father's sister, mother, step-mother, mother's brother, mother's sister, sister, brother, husband, wife, son, daughter, step-children, foster children, daughter-in-law, son-in-law, grandparent, great grandparent, grandchild, brother's wife, brother's child, sister's husband, sister's child, spouse’s father, spouse’s mother, spouse’s sister, or spouse’s brother.

2. Bereavement leave as defined in Article 7, Section B, paragraph 1, may be extended by the use of sick leave with prior approval. The Request for Administrative Approval must be completed.

3. Sick leave may be used for the death of a person outside of the definition in Article 7, Section B, paragraph 1 (above). Administration may require documentation. The Request for Administrative Approval must be completed.

4. Bereavement leave allowance is not cumulative from year to year. This shall be an emergency leave applicable for the particular occasion only.

C. JURY DUTY LEAVE. JURY DUTY LEAVE;:

1. Teachers called for jury duty may be absent from duty without loss of pay or other benefits provided the teacher has:

a) advised the immediate supervisor on the first school day following the receipt of the jury summons; and

b) submitted one copy of the jury summons at the time the request for absence is made on the proper District form; and

c) endorsed the jury duty fee payment, excluding reimbursement for travel, meals, and lodging, over to the District within sixty (60) calendar days from the last day on which jury duty was served.

2. Failure to deliver the endorsed fee payment to the District within this time period shall result in the loss of wages for the period of absence.

3. Leave is provided for absence from duty with pay, only for the time actually spent on jury duty. Teachers relieved for part of their duty day to participate in jury duty, must return to their assignment for the remainder of the day. Reasonable allowance for time to and from the courts will be taken into account. Teachers who fail to return under these circumstances will be considered absent without leave and subject to disciplinary action.

D. WITNESS DUTY LEAVE. WITNESS DUTY LEAVE;:

1. Teachers served with a valid subpoena issued by a federal, state, county, or municipal court, or a federal or state legislative body, may be absent from duty, without loss of pay or other benefits, provided the teacher has:

a) advised the immediate supervisor on the first school day following the receipt of the subpoena; and

b) submitted a copy of the subpoena at the time the request for absence is made on the proper District form; and

c) endorsed the witness duty payment, if the teacher has been paid for serving as a witness, excluding reimbursement for travel, meals, and lodging, over to the District within sixty (60) calendar days from the last day on which the witness duty was served.

2. Failure to deliver the endorsed fee payment to the District within this time period shall result in the loss of wages for the period of absence.

E. PROFESSIONAL MEETING LEAVE. PROFESSIONAL MEETING LEAVE;:

1. Twenty-five thousand dollars ($25,000) shall be budgeted for use by teachers to attend professional academic meetings and conferences.

2. Requests for leave shall be on the proper District form and submitted to the District at least fourteen (14) calendar days in advance of the date of the leave. At least seven (7) calendar days before the date for which the leave was requested the Board shall notify the teacher that the leave has been approved or denied. Upon written request from the teacher, the reason(s) for the denial will be provided to the teacher.

F. PLACEMENT OF SUBSTITUTE TEACHERS. PLACEMENT OF SUBSTITUTE TEACHERS;:

1. Placement of substitute teachers shall be done exclusively through the substitute clerk of the District.

2. A teacher who becomes ill or who must be absent for some other reason shall request a substitute from the substitute clerk at the District Office Building, 268-6999 (24 hours a day), as soon as possible. If directed by the building administrator, the teacher shall also notify the building office in the manner directed. In the event the clerk is not available at the time of illness, the report shall be made directly to the building principal or immediate supervisor.

3. The day before returning to duty the teacher must notify the school before the end of the regular student day of the intention to resume teaching duties. The school shall notify the substitute clerk. Except when notified to the contrary, the substitute teacher shall be released from duty at the close of the school day on Friday or on the last school day before the start of a vacation.

4. In the event that the returning teacher has failed to notify the school of the teacher's intent to return to duty, and the substitute and the teacher both appear, the regular teacher will be expected to perform the classroom duties. The substitute shall be compensated for one-half day with the cost to be deducted from the teacher's salary.

5. A teacher who, except in cases of emergency, is required to substitute teach during that teacher's regularly-scheduled preparation time shall be compensated for each half hour or major fraction thereof at the hourly instructional rate as per collective bargaining agreement.

G. MEDICAL LEAVE OF ABSENCE. MEDICAL LEAVE OF ABSENCE;:

1. A Medical Leave of Absence is an approved absence from duty for reasons of verified medical disability provided without salary or fringe benefits.

2. A teacher may request, in writing, a Medical Leave of Absence and the medical leave shall be approved if the request for the leave is accompanied by a written statement from a medical doctor which specifically states that the teacher cannot perform the duties for which the teacher is contracted. The teacher shall receive a written response to the leave request within a reasonable period of time of the disposition of the request.

3. If the teacher has exhausted all accumulated sick leave and has not requested a Medical Leave of Absence and is unable to perform or return to perform the duties for which the teacher is contracted, the Board may place the teacher on Medical Leave of Absence or may deduct the salary of the teacher at the daily rate of the teacher's contracted salary.

4. The length of the Medical Leave of Absence is for a period of up to one school year, but no longer than the last contract day of the current school year, and may upon request, be renewed or extended by action of the Board.

5. The teacher's request for return to duty shall be accompanied by a statement from a medical doctor attesting to the teacher’s ability to resume the contracted duties. The effective date for the resumption of duty shall be subject to the approval of the Board.

6. The teacher returning on the first contract day of the school year from a Medical Leave of Absence of one school year or less shall be entitled to his/her former position provided it still exists. A teacher whose leave ends during the school year, need not be returned to his/her former position until the beginning of the next school year, if there is a position open for which he/she is qualified at the time the teacher returns from the leave. A teacher whose position no longer exists, or a teacher returning from a leave of more than one school year in duration, and who has been offered a contract for that year or for the ensuing school year, shall be entitled to a position for which the teacher is qualified.

7. While on a Medical Leave of Absence:

a) No teaching experience shall be granted for purposes of advancement on the salary schedule unless meeting the qualifications of the Minimum School Year (Article 8, Section P) provision of this Agreement.

b) The teacher shall retain previously accumulated sick leave and teaching experience credit for salary purposes.

c) The teacher may maintain, at no cost to the District, health and hospitalization insurance provided the amount of the monthly premium is remitted in a timely manner. All proportionate premium payments shall be deducted from the remaining number of paychecks during the contracted duty year provided there are sufficient funds due the teacher. No lump sum payment shall be required nor received by the District. In the event that there are no employment checks to be received by the teacher or the wages are insufficient; the premium payment is to be arranged with the insurance carrier.

d) The teacher may maintain, at no cost to the District, individual term life insurance coverage provided individual arrangements are made with the District within thirty (30) calendar days of the first day of Medical Leave.

H. PARENTAL LEAVE OF ABSENCE. PARENTAL LEAVE OF ABSENCE;:

1. A Parental Leave of Absence is an absence from duty which shall be provided for the purpose of caring for a newborn child, a newly adopted child, or which may be provided for the purpose of caring for a minor child when the health of the child requires parental care. This leave is provided without salary or fringe benefits. Teachers who have been employed full time during the last three (3) consecutive years and who have been offered a contract for the ensuing school year shall be eligible for application for a Parental Leave of Absence.

2. A teacher may apply for a Parental Leave of Absence by submitting a letter of interest stating fully the nature of the leave requested. The teacher shall receive a written response to the leave request within a reasonable period of time of the disposition of the request. Reasons for denial will be provided upon written request by the teacher.

3. The length of a Parental Leave of Absence shall be for the remainder of the current semester or school year or for a period of one regular school year at the teacher's discretion.

4. A teacher returning from a Parental Leave of Absence and who has been offered a contract for the ensuing year shall be entitled to his/her former position provided it still exists. The teacher whose position no longer exists and who has been offered a contract for the ensuing school year, shall be entitled to reassignment to a position at approximately the same grade level or subject area held at the time the leave was requested or to a position for which the teacher is qualified.

5. While on Parental Leave of Absence:

a) No teaching experience shall be granted for purposes of advancement on the salary schedule unless the teacher has fulfilled the qualifications of the Minimum School Year (Article 8, Section 5) provisions of this Agreement.

b) The teacher shall retain previously accumulated sick leave and teaching experience credit for salary purposes.

c) The teacher may maintain, at no cost to the District, health and hospitalization insurance, provided the amount of the monthly premium is remitted in a timely manner. All proportionate premium payments shall be deducted from the remaining number of paychecks during the contracted duty year provided there are sufficient funds due the teacher. No lump sum payment shall be required nor received by the District. In the event that there are no employment checks to be received by the teacher or the wages are insufficient; the premium payment is to be arranged with the insurance carrier.

d) The teacher may maintain, at no cost to the District, individual term life insurance coverage, provided individual arrangements are made with the District within thirty calendar days of the first day of Parental Leave.

I. LEAVE FOR STUDY IN RESIDENCE. LEAVE FOR STUDY IN RESIDENCE;:

1. Leave for Study in Residence is an absence from duty, which may be granted for the purpose of full time study in residence and is provided without salary or fringe benefits.

2. The length of a Leave for Study in Residence shall be for a period of one regular school year.

3. Teachers who have been employed full time and assigned duties during the last three (3) consecutive years and who have been offered a contract for the ensuing school year shall be eligible for application for a Leave for Study in Residence.

4. Eligible teachers shall apply for the Leave for Study in Residence in writing, stating fully the nature of the leave requested and the school year desired, to the District at least thirty (30) calendar days prior to the requested beginning date of the leave. The teacher shall receive a written response to the leave request within a reasonable period of time of the disposition of the request. Reasons for denial will be provided upon written request by the teacher.

5. The teacher granted a Leave for Study in Residence shall not be eligible for a further leave under this provision until the expiration of an additional three (3) years of consecutive service in the District.

6. The teacher returning from a Leave for Study in Residence, and who has been offered a contract for the ensuing school year, shall be entitled to his/her former position, provided it still exists. A teacher whose position no longer exists and who has been offered a contract for the ensuing school year shall be entitled to reassignment to a position at approximately the same grade level or subject area held at the time the leave was requested, or to a position for which the teacher is qualified.

7. While on a Leave for Study in Residence:

a) No teaching experience shall be granted for purposes of advancement on the salary schedule.

b) The teacher shall retain previously accumulated sick leave and teaching experience credit for salary purposes.

c) The teacher may maintain, at no cost to the District, health and hospitalization insurance, provided the premium payments are arranged with the insurance carrier.

d) The teacher may maintain, at no cost to the District, individual term life insurance coverage, provided individual arrangements are made with the District within thirty (30) calendar days of the first day of the leave for study in residence.

8. A transcript of credits earned while on Leave for Study in Residence shall be filed with the District as soon as said transcript is available.

J. LEAVE FOR ELECTIVE POLITICAL OFFICE:

1. Leave for Elective Political Office is an absence from duty which may be granted for the purpose of fulfillment of duties if a teacher is elected to executive governmental bodies which are external to Association activities and is provided without salary or fringe benefits.

2. The length of a Leave for Elective Political Office may be for a period of up to two years and may be extended by the Board.

3. Teachers who have been employed and assigned duties during the last three consecutive years and who have been offered a contract for the ensuing school year shall be eligible for application for a Leave for Elective Political Office.

4. Eligible teachers shall apply for the Leave for Elective Political Office in writing, stating fully the nature of the leave requested, the length of time desired and the beginning and tentative concluding date of the leave, to the District at least thirty (30) calendar days prior to the requested beginning date of the leave. Verification shall be provided prior to consideration of the application. The teacher shall receive a written response to the leave request within a reasonable period of time of the disposition of the request. Reasons for denial will be provided upon written request by the teacher.

5. The teacher granted a Leave for Elective Political Office shall not be eligible for a further leave under this provision until the expiration of an additional three (3) years of consecutive service in the District.

6. At least thirty (30) school days before the expiration date of the Leave for Elective Political Office or at a time agreed to with the Board in cases of leaves of less than sixty school days duration, the teacher shall communicate in writing to the Board indicating the teacher's intention to return to duty (the specific date of return shall be determined by the Board) or requesting of the Board an extension of the leave.

7. The teacher returning from a Leave for Elective Political Office of one year or less and who has been offered a contract for the ensuing school year, shall be entitled to his/her former position, provided it still exists. A teacher whose leave ends during the school year, need not be returned to his/her former position until the beginning of the next school year, if there is a position open for which he/she is qualified at the time the teacher returns from leave. A teacher whose position no longer exists or a teacher returning from a leave of more than one year in duration and who has been offered a contract for the ensuing school year shall be entitled to reassignment to a position at approximately the same grade level or subject area held at the time the leave was requested or to a position for which the teacher is qualified.

8. While on Leave for Elective Political Office:

a) No teaching experience shall be granted for purposes of advancement on the salary schedule unless meeting the qualifications of the Minimum School Year (Article 9, Section 5) provision of this Agreement.

b) The teacher shall retain previously accumulated sick leave and teaching experience credit for salary purposes.

c) The teacher may maintain, at no cost to the District, health and hospitalization insurance, provided the premium payments are arranged with the insurance carrier.

d) The teacher may maintain, at no cost to the Board, individual term life insurance, provided individual arrangements are made with the District within thirty (30) calendar days of the first day of the Leave for Elective Political Office.

K. LEGISLATIVE LEAVE OF ABSENCE. LEGISLATIVE LEAVE OF ABSENCE;:

1. Teachers elected to serve in the state legislature will be placed on Legislative Leave while conducting official State Legislative business. The leave granted for this purpose shall require a salary reduction equal to the cost of the substitute’s daily rate. In cases of no substitute replacement for the teacher (i.e. counselor), the teacher will reimburse the district the standard daily rate of a substitute teacher. In either case, the employee is responsible for the organization and coordination of their regular school responsibilities. While on Legislative Leave for part of the school year, a teacher shall not suffer any curtailment of annual increments, tenure, retirement, seniority rights, insurance contributions or other fringe benefits. All monies the teacher elected to office is legally entitled to, will be retained by the teacher elected to office. (2009)

2. Eligible teachers shall notify the District as soon as feasibly possible after being elected.

3. The teacher returning from a Legislative Leave of Absence and who has been offered a contract for the ensuing school year shall be entitled to his/her former position, provided it still exists. A teacher whose position no longer exists and who has been offered a contract for the ensuing school year, shall be entitled to reassignment to a position at approximately the same grade level or subject area held at the time the leave was requested, or to a position for which the teacher is qualified.

L. GENERAL LEAVE OF ABSENCE. GENERAL LEAVE OF ABSENCE;: General Leave of Absence is an absence from duty which may be granted at the sole discretion of the Board or their agent(s) for full-time licensed teachers without salary or fringe benefits.

1. Licensed teachers who have been regularly contracted during the past three (3) school years, including current school year, and who have been assigned full-time, duties for all three (3) of these years and who will be offered a contract for the next school year, may apply for a General Leave of Absence.

2. The term of the General Leave shall be for one school year only with the option of one additional year of leave if requested by the teacher and if granted by the District.

3. Teachers may request a General Leave of Absence by forwarding a letter of interest by April 1 of the current school year to the Human Resources Office. The teacher will receive a written response to the leave request within a reasonable period of time after the disposition of the request, generally by the end of April.

4. Teachers on a General Leave of Absence must notify the Human Resources Office of their intentions no later than March 1^st of the leave year. If the teacher has been offered a contract for the ensuing year, the teacher shall be entitled to a position for which the teacher is qualified.

5. No employment experience shall be granted for purposes of advancement on the salary schedule.

6. The teacher shall retain previously accumulated sick leave and experience credit for salary purposes.

7. The teacher may maintain, at no cost to the District, health and hospitalization insurance, provided the premium payments are arranged with the insurance carrier.

8. The teacher may maintain, at no cost to the District, individual term life insurance coverage, provided individual arrangements are made with the District within thirty (30) calendar days of the first day of a General Leave of Absence.

ARTICLE 8 - SALARY SCHEDULE AND RELATED BENEFITS

A. SALARY SCHEDULE. SALARY SCHEDULE;:

1. 2009-2010 School Year: The salary reflected in Appendix B, attached hereto, shall be a part of this Agreement for the 2009-2010 school year.

2. 2010-2011 School Year: The salary reflected in Appendix C, attached hereto, shall be a part of this Agreement for the 2010-2011 school year.

3. If, as of June 15, of any contract year, the total revenue received or anticipated to be received from all sources in the proposed budget is decreased by the equivalent of 1.8% or more of the general fund, any increase in the base of the Teachers’ Salary Schedule may, at the discretion of the Board, be declared null and void. The parties shall promptly enter into negotiations over the salary schedule for that and the subsequent school years. The proposed budget is the budget established by the Board to determine the financial need of the District to establish the initial levy amount. The parties, upon the opening of the agreement, may negotiate changes in any section of the contract. Changes, if any, negotiated and mutually agreed upon under this provision, will become an addendum to and supersede only relevant provisions of the current Agreement.

4. If funds are significantly reduced or increased from any source(s) from the date of ratification to the expiration date of the agreement, either party may give notice to the other party within sixty calendar days declaring the intent to renegotiate items related directly to compensation (inclusive of but not restricted to salaries, stipends, and fringe benefits). Opening of the Agreement under such a circumstance does not obligate either party to reduce or increase salaries, stipends, fringe benefits or other compensation. Changes, if any, negotiated and mutually agreed upon under this provision, will become an addendum to and supersede only relevant provisions of the current Agreement.

5. The attached salary schedule(s) are annual salaries for 187 full-time contracted duty days. Contracts for less than 187 full-time duty days or contracts for more than 187 full-time duty days shall be paid on a proportionate basis to the 187 full-time duty day contracts. The District will make a reasonable effort before extending an employment contract to have the mutual consent of the teacher.

B. CAREER INCREMENT. CAREER INCREMENT;:

1. Teaching personnel who are at the maximum of either the BA+20 or the MA+30 columns shall be eligible to receive additional compensation for continuous teaching experience in the Great Falls Public Schools. Approved leaves of absence do not interrupt continuous service, nor do they count as credit toward career increment unless the teacher has fulfilled the Minimum School Year provision of this Agreement. Previously and properly granted credit toward career increment shall be retained, but future advancement shall be made under the terms of this Agreement.

2. Teachers shall receive an annual longevity payment of two percent (2%) of their annual regular salary beginning with the 15th year of service to the District at BA+20 and the 16^th year of service to the district at MA+30; this amount shall be increased to four percent (4%) at the 17^th and 18^th year of service; and to six percent (6%) at the 19^th and 20th year of service. These payments shall continue until retirement. (2009)

C. SEVERANCE PAY. SEVERANCE PAY;:

1. A teacher who has completed a minimum of ten (10) years of service in the District as a licensed teacher, including approved leaves of absence, and who resigns from District employment shall receive a payment equal to thirty percent (30%) of that teacher's accumulated sick leave (maximum of 187 days) multiplied by that teacher’s daily rate of pay. To be eligible for this payment, the teacher shall submit a letter of resignation to the Board no later than December 1 if terminating employment at the end of the first semester, and March 1 if terminating employment at the end of the second semester, unless the teacher is medically unable to perform contracted duties, in which case the Board may waive the notification requirement. (2009)

Note: Please see Sick Leave, Article 7.A.4(b), regarding a $50 credit for each sick leave beyond the 187 days noted above for retiring teachers.

2. A teacher who has completed two (2) to nine (9) years of service in the District as a licensed teacher, including approved leaves of absence, and who resigns from District employment shall receive a payment of $50 for each unused and accumulated sick leave day. To be eligible for this payment, the teacher shall submit a letter of resignation to the Board no later than December 1 if terminating employment at the end of the first semester, and April 1 if terminating employment at the end of the second semester, unless the teacher is medically unable to perform contracted duties, in which case the Board may waive the notification requirement. (2009)

3. In the event a teacher who has completed ten (10) years of service in the District, including approved leaves of absence, dies while employed by the District, the teacher's beneficiary shall be entitled to severance pay under the Negotiated Agreement.

D. GROUP INSURANCE BENEFITS. GROUP INSURANCE BENEFITS;:

1. Health and Hospitalization:

a) The Board shall provide health and hospitalization insurance in accordance with the specifications existing on June 30, 1989, as amended for all full-time teachers and eligible dependents. The method of establishing the premium payments, stabilization funds, and related financial decisions are for the review and decision at the sole discretion of the Board. The premiums paid during the 2006-07 school year shall serve as a "cap" or a maximum premium obligation of the Board until the out of pocket cost to the teacher exceeds 7%. The District will pay the next 7% beyond the 06-07 established out of the pocket expense. Any cost beyond 14% increase will be equally divided between the District and the teacher.

If the current health insurance plan changes, the District and the Association will re-open negotiations for health insurance only.

b) Teachers who are regularly employed for less than a full-time duty day, may participate in the Health and Hospitalization Insurance Program by paying their entire share of the premium prior to the first day of the month following their date of employment. The Board shall pay that amount of the premium that is proportionate to the portion of the duty day that the teacher is employed.

c) All requirements and insurance benefits shall be subject to the provisions of the policy issued by the carrier.

d) Benefits shall continue through August 31 of the ensuing school year.

2. Long-Term Disability Insurance:

a) All full-time teachers shall be provided long-term disability insurance in accordance with specifications adopted by the Board.

b) All requirements and insurance benefits shall be subject to the provisions of the policy issued by the carrier.

c) Written benefit provisions shall be provided to each insured employee.

d) Benefits shall continue through August 31 of the ensuing school year.

3. Term Life Insurance:

a) All full-time teachers shall be provided term life insurance in the amount of $50,000 upon ratification or retroactive if insurance carrier so approves.

b) All requirements and insurance benefits shall be subject to the provisions of the policy issued by the carrier.

c) Written benefit provisions shall be provided to each insured employee.

e) Benefits shall continue through August 31 of the ensuing school year.

4. Change in Benefits: Any changes in benefits from the present year's coverage will become effective as of

the effective date of the contract with the individual insurance carrier for each insurance benefit.

5. National Health Insurance: In the event the National government should enact a National Health Insurance Program and this program replaces any part of the existing insurance coverage, there shall be no decrease in total Board contribution in insurance benefits. Negotiations shall be reopened within thirty days after enactment of such legislation to renegotiate any monies made available less the amount necessary to fund the national program.

6. Retired Teachers: Teachers retiring from the District may be eligible under State Law for continuing participation in the District insurance program. All requirements and insurance benefits shall be subject to the provisions of the policy issued by the carrier. The teacher shall pay the cost of the entire premium commencing with the first day of the month following the date of retirement, unless the teacher retires at the end of the school year, in which case the insurance premium will be paid through August 31.

7. Insurance Claims: It is understood that the District's only obligation under this provision is to purchase insurance policies and pay such premium amounts as agreed to herein, and no claim shall be made against the District as a result of a denial of insurance benefits.

8. Flex Plan: The District will provide a flexible benefit plan based on and in compliance with Section 125 of IRS code. The District will assume the administrative cost. Any increase in the monthly employee administrative cost shall be borne equally by the District and the participating employee (50/50).

E. REIMBURSEMENT FOR PROPERTY LOSS. REIMBURSEMENT FOR PROPERTY LOSS;:

1. The Board will repair or reimburse teachers the current value up to a maximum of $300 for any clothing or personal property, except for motorized vehicles where the maximum shall not exceed $100, damaged or destroyed as a result of an assault and/or battery or an act of vandalism suffered by the teacher in the course of employment during duty hours or assigned District responsibility. No reimbursement shall be provided for the loss of cash or personal property through negligence.

2. To apply for reimbursement a "Notice of Loss and Claim for Reimbursement" form must be filed with the teacher's immediate supervisor within ten days of the occurrence of the damage or loss or the claim will be forever waived.

3. A report of the incident shall be filed with the appropriate law enforcement agency, and a copy of the report shall be submitted to the Board along with the claim. A claim for reimbursement from the teacher's insurance carrier(s) shall be made, and a copy of this claim and the insurance carrier(s) response shall similarly be filed with the Board before payment is authorized. Receipts for repair or replacement shall be submitted at the time reimbursement is requested.

4. No reimbursement shall be provided for losses fully covered by insurance or when full reimbursement is obtained from other sources.

F. MILEAGE. MILEAGE;: Teachers who are required to use personal transportation for travel in performance of assigned duties shall be reimbursed at the rate established by Montana law (MCA 2-18-503). Changes in the rate will become effective on the first day of the month following notification by the Association to the District and will not be made retroactive. Said travel shall be previously approved by the principal or immediate supervisor. Individual mileage claims for less than $10 shall be reimbursed with a mileage claim, which exceeds $10, or with the last employment check, or no later than the end of each fiscal year.

G. TEACHER'S CONTRACT. TEACHER'S CONTRACT;:

1. The individual teacher's contract of employment with the Board shall be subject to the terms and conditions of this Agreement in the manner required by law, regardless of whether the individual contract is signed prior to or subsequent to the date of execution of this Agreement.

2. A licensed classroom teacher elected to teach in the Great Falls Public Schools shall enter into contract with the Board by signing a Teacher's Contract which shall specify:

a) Beginning date and duration period of the contract.

b) Annual salary, number of salary payments, and the salary advance option.

c) Provisions governing salary payments if the contract is terminated prior to date of completion.

d) Period of time allowable between issuance and acceptance of contract.

e) That rights and obligations of the parties hereto shall be governed by the laws of the State of Montana and the Personnel Policies adopted by the Board of Trustees.

H. RESPONSIBILITY AGREEMENT. RESPONSIBILITY AGREEMENT;: A Responsibility Agreement, contained herein as Appendix D, separate from the teacher's contract, shall be entered into by the Board and the teacher elected to department head or extra or co-curricular positions for which compensation is provided. Payments for Responsibility Agreements shall be included with the teacher's salary check. Upon written request a teacher may elect to receive payment under the following options:

1. Divide the responsibility pay equally by the remaining months in the school year, beginning the month after contracted duties begin.

2. Payment in total at the end of the season or activity in accordance with established payroll cut-off dates.

I. METHOD OF PAYMENT. METHOD OF PAYMENT;:

1. All employees subject to the salary schedule shall be paid on the basis of an annual salary of ten (10) equal payments unless specifically excepted by the teacher's contract.

2. Those teachers returning signed contracts prior to the first day of the school calendar and who have so specified in writing upon their returned contract shall have the contract sum divided into twelve equal amounts, one of which shall be paid to the teacher at the end of each calendar month. The last three of the twelve equal monthly payments may be available to the teacher at the completion of the contract year.

3. Upon written request, a teacher may elect to receive a $500 advance salary payment. This payment shall be made to the teacher on or before the tenth (10^th) contract day of the school year, if earned, provided necessary payroll authorization has been received from the teacher. This authorization for payment and subsequent deduction shall accompany the return of the teacher's signed contact. In no event will the authorization be approved after the first (1^st) day of the school year. This salary payment amount is to be in totality from the September paycheck.

4. Payment shall be made on the 20th day of each month or the last working day before the 20th.

J. DEDUCTIONS FOR ABSENCE. DEDUCTIONS FOR ABSENCE;:

1. In the event that a teacher absence not covered or not allowed in the express language of other provisions of this Agreement is approved, a deduction of salary in minimum units of one-half day may be made for each day of absence. Absences not approved may result in disciplinary action.

2. No deductions will be made for any period of the school year in which the Board closes schools because of an epidemic, flood, fire, or inclement weather; however, it is to be understood that any such days may be required by the Board to be made up without additional compensation and at such times as determined by the Board.

K. PLACEMENT ON THE SALARY SCHEDULE

1. For the purposes of placing teachers new to the system on the salary schedule, credit shall be granted on a 1:1 basis for all previous contracted teaching or administrative experience in fully accredited schools up to a maximum of four years. Credit for years of teaching experience exceeding the first four full years shall be granted on a 1:2 basis for an additional maximum credit of three years. Not less than 135 days of continuous contracted employment in one school year shall count as a full year of teaching experience for purposes of placement on the Salary Schedule.

2. Licensed teachers who are teaching in specialty areas such as Family & Consumer Science or Industrial Technology may be provided educational years of experience at the rate of two (2) years of full time, full year private sector work experience for each year (2:1) of placement on the salary schedule. Credit for additional years of experience exceeding the first four (4) full years on the salary schedule shall be granted at the rate of one (1) year for each four (4) years of private sector full time experience for additional maximum credit of three (3) years.

3. A teacher who has been absent from teaching for five years or more at one time shall not be given credit for any teaching or administrative experience prior to the period of absence.

L. MAINTENANCE AND CHANGE OF STATUS ON THE SALARY SCHEDULE: A change of status on the salary schedule may be affected by:

1. Increase in teaching experience (step advance) up to the maximum level for the teacher's preparation status (salary lane).

2. Increase in preparation status warranting a change of status from one preparation level (salary lane) to another.

M. CREDIT FOR RELATED COURSES. CREDIT FOR RELATED COURSES;: Work taken in special fields or courses taken, for which credit is not allowed by the college or university, shall be approved by the Superintendent prior to the teacher's enrollment in the course. Such credit may be counted toward changes of status upon recommendation of the Superintendent and approval of the Board of Trustees.

N. ADVANCEMENT OF POSITION ON SALARY SCHEDULE:

1. A teacher is entitled to advance one vertical step on the established salary schedule provided:

a) The Minimum School Year requirement has been met.

b) The teacher is not at the maximum of his/her preparation column.

Not more than one vertical step will be allowed in any one year even if a lane change through additional professional preparation is achieved.

2. Fifteen (15) quarter hours or ten (10) semester credit hours of professional training shall entitle the teacher to advance one column to the right on the salary schedule. Professional training shall meet standards set forth in Sections 4 and 5, below. In the event a licensed employee takes course credit sufficient to advance a lane on the salary schedule in any given contract year, said employee must file a DECLARATION OF INTENT FORM prior to December 1 of the school year in which a change is to become effective.

3. The Bachelor's Degree must be earned and granted prior to placement on the BA lane or advancement to the "BA+10” lane or the "BA+20" lane. The Master's Degree must be earned and granted prior to placement on the MA lane or advancement to the "MA+10" lane, ”MA+20” lane", or the ”MA+30” lane.

4. Any professional preparation for advancement on the salary schedule beyond the Bachelor's Degree column or Master's Degree column must be granted by an accredited college or university.

5. To be acceptable toward advancement on the salary schedule credits earned must meet one of the following criteria:

a) be related to the individual's academic teaching fields or extracurricular assignments, effective instructional strategies, or be a course in special education, or

b) be included in a planned and previously approved curriculum (by the college or university granting the degree) leading to an advanced degree, or

c) be part of a planned program leading to certification and/or endorsement in

another area, or

d) a maximum of four semester hours per lane change will be allowed for course

work that does not fit category (a), (b) or (c), above.

6. To ensure that courses meet the standards set forth above and to ensure that they can be utilized for advancement on the salary schedule, a PRIOR CREDIT APPROVAL FORM is to be completed and submitted to the Human Resource Office preferably prior to taking the course. The form is available from the Human Resource Office. (2009)

7. A course may be taken concurrently when attending a workshop or conference that takes place either during the teaching contracted day and/or when the District pays for registration, etc., and/or the teacher is being paid to take the workshop or conference. The credits earned may be used for advancement on the salary schedule under the following conditions: (2009)

a) The PRIOR CREDIT APPROVAL FORM is completed and the course meets the standards set forth in sections 4 and 5 above, and

b) The college credit costs are paid solely by the teacher, and

c) Additional course work is required by the college or university, in addition to attending the workshop/conference, in order to earn the credit (i.e. a paper, outside reading, a project, etc.)

8. Credit for advancement on the salary schedule may be granted for certified staff teaching

specialty areas such as Family & Consumer Science or Industrial Technology at the rate of one (1) semester credit for every fifteen (15) clock hours of acceptable training/education provided by an accredited training institute or program.

9. A teacher may advance horizontally as many lanes as the teacher is entitled by additional professional preparation provided the Bachelor's or Master's (whichever is applicable) has been earned and granted as provided above.

O. EVIDENCE OF ADDITIONAL PREPARATION:

1. Official transcripts of credits for additional professional preparation if sufficient to advance the teacher's preparation status shall be submitted to the Office of the Superintendent not later than December 1 of the school year in which a change is to become effective. When the official transcript is presented, the teacher shall advance to the new preparation level and shall receive the retroactive pay to the beginning of the school year.

2. An official transcript of credits shall be required for proper placement on the salary schedule.

3. In the case of a teacher being hired at semester time or a teacher returning from leave of absence at the end of the first semester, said teacher shall be granted additional time until March 1 to present evidence in the form of an official transcript.

P. MINIMUM SCHOOL YEAR. MINIMUM SCHOOL YEAR;: Not less than 135 days of continuous District employment in one school year shall count as a full year of teaching experience for purposes of advancement on the Salary Schedule. Part-time service may be accumulated within three consecutive school years, and when part-time service totals to the equivalent of regular full-time service, an increment shall be granted for the following school year. When the increment is earned and granted, the part-time service accumulation shall start anew with the first day of service in the subsequent school year. No increment in salary shall be granted for less annual service except as allowed in the Legislative Leave provision.

It is the responsibility of the teacher to notify the District when his/her accumulated service entitles him/her to Salary Schedule advancement prior to the completion of his/her then current contracted employment.

Q. DEPARTMENT HEAD COMPENSATION. DEPARTMENT HEAD COMPENSATION;: All department head positions created and approved will be compensated as itemized in Appendix E.

R. EXTRA AND CO-CURRICULAR COMPENSATION: All extra and co-curricular positions created and approved will be compensated as itemized in Appendix F.

S. HOURLY RATE. HOURLY RATE;: Teachers filling positions which require certification and who are paid on an hourly basis shall be compensated at the following rate:

When teaching students: No less than $20.00 per hour

When not teaching students: No less than $15.00 per hour

All teachers paid at the hourly rate must have prior approval of the appropriate administrator.

T. STUDENT TEACHER SUPERVISION STIPEND. CADET SUPERVISION STIPEND;: Remuneration allowed by the university or college for student teacher supervision shall be paid directly to the teacher or teachers who supervised the cadet teacher. Remuneration is determined by university or college policy.

U. NATIONAL CERTIFICATION FEES. NATIONAL CERTIFICATION FEES;: The District shall budget $10,000 annually for payment of National Certification Fees for teachers who have successfully completed the National Board Certification examination. Licensed teachers who have been regularly contracted during the past three school years, including the current school year, and who have been assigned full-time in-district may apply. The award(s) will be based on the order in which evidence of successful passage is received by the Superintendent’s Office.

The Board agrees to pay a National Board Certificated teacher a stipend of $1,250 per year for the duration of the certificate

ARTICLE 9 – GRIEVANCE PROCEDURE

A. DEFINITIONS. DEFINITIONS;:

1. Grievance – an alleged breach of an express provision of this Agreement on a signed, written complaint filed on the Formal Grievance Presentation Form.

2. Aggrieved Party - the teacher or teachers or the Association asserting the grievance.

3. Parties of Interest - the teacher or teachers asserting the grievance, any person or persons assisting in processing the grievance, any person or persons who might be required to take action, or against whom action might be taken, in order to resolve the grievance.

B. PURPOSE. PURPOSE;:

1. The purpose of this procedure is to secure, at the lowest possible administrative level, and in an atmosphere of courtesy and cooperation, equitable solutions of grievance(s), which may arise.

2. Nothing contained in this article of this Agreement shall be construed to prevent any teacher from discussing a problem with the administration and having it adjusted, providing that any resolution of the problem shall be consistent with the terms of the current Agreement.

C. RIGHTS TO REPRESENTATION. RIGHTS TO REPRESENTATION;: The aggrieved party must be present at all meetings and hearings and may be represented at all meetings and hearings at all levels and stages of the grievance procedure by an Association representative. No meeting on a grievance shall take place at any level or stage of the grievance procedure unless the Association has been notified of the time and location of the meeting.

D. TIME LIMITS. TIME LIMITS;: All time limits shall consist of calendar days. The time limits specified herein may be extended by written, mutual consent.

E. ELECTION OF STATUTORY OR CONTRACTUAL PROCEDURES AND WAIVER:

1. Nothing herein shall be construed to prevent either party from seeking redress through such administrative or judicial remedies provided under state or federal law for the purposes of enforcing the provisions of this Agreement except as provided below.

2. In the event that a teacher is disciplined, reprimanded, reduced in compensation, suspended, non-renewed, whose contract is terminated as defined in Sections 20-4-204 or 20-4-206 MCA, dismissed as defined in Section 20-4-207 MCA, laid off or recalled as defined in Article 8(K); or other District action is taken within the meaning of Article 6(C), or Article 4(A), the teacher and his/her representative, the Association, together and as one, shall have the right to pursue either statutory or contractual grievance procedure rights and remedies, but not both. In the event that the teacher and the Association, or either one alone, formally initiate any judicial or administrative procedure against the Board, based upon statutory law or otherwise, it is expressly agreed by the teacher and the Association that contractual grievance procedures contained in Article 5 are forever waived, shall not apply, and shall have no force or effect. In the event that the contractual grievance procedure is initiated, the signed grievance shall contain an acknowledgment that all statutory procedures, rights, and remedies are expressly waived.

F. PROCEDURE. PROCEDURE;:

1. Level One (1).cO.. Level One; - Within twenty-one (21) days of the occurrence of the grievance, or within twenty-one (21) days of the time that the aggrieved party becomes aware of the occurrence of the grievance, or with reasonable diligence should have become aware of the occurrence of the grievance, the grievant shall present the appropriate administrator with the signed, written complaint on the appropriate form. An attempt to resolve the grievance through co-mediated discussion shall be made within fourteen days. The administrator must render a decision within seven days of the co-mediated discussion.

2. Level Two (2).cP.. Level Two; - If the grievance is not resolved at Level One (1), the decision may be appealed in writing on the appropriate form to the office of the Superintendent or designee within seven days of the receipt of the Level One (1) decision. If the grievance is properly appealed, the Superintendent or designee shall meet with the aggrieved party, Association representative, and the parties of interest within seven days to discuss and attempt to resolve the grievance. The decision reached in Level Two (2) shall be issued in writing to the aggrieved party if not represented by the Association and to the Association no later than fourteen (14) days following the Level Two (2) meeting.

3. Level Three (3).cQ.. Level Three; - If the grievance has not been resolved at Level Two (2), the decision may be appealed to the Board for consideration within seven(7) days of the receipt of the Level Two (2) decision or within fourteen (14) days of the date of the meeting in the event no decision has been rendered, by filing a written copy thereof with the Clerk of the Board and with the Superintendent or designee. The Board or a committee thereof shall meet with the aggrieved party, Association representative, and the parties of interest at its next regular meeting. The disposition of the grievance shall be indicated in writing to the aggrieved and to the Association if not represented by the Association no later than the next regularly scheduled Board meeting following the meeting during which the grievance was originally considered by the Board or committee thereof.

4. Level Four (4)-.cR.. Level Four;

a) If the grievance remains unresolved at the conclusion of Level Three (3), the grievance may be submitted to the Board by the Association for binding arbitration, provided written notice of the request for submission to arbitration is delivered to the Clerk of the Board and to the Superintendent or designee within fourteen (14) days of the date of receipt of the decision at Level Three (3) or within twenty-one (21) days of the date of the Level Three (3) meeting in the event no decision has been rendered.

b) If the parties cannot agree as to the arbitrator within seven (7) days from the date of notification that arbitration will be pursued, the Board of Personnel Appeals shall be called upon to submit a list of seven (7) names of arbitrators. Within seven (7) days of the receipt of the list, the parties shall select an arbitrator by striking names from the list in alternate order, and the name thus remaining shall be forwarded to the Board of Personnel Appeals. The Board of Personnel Appeals shall notify the arbitrator of his/her selection. The date of the arbitration hearing shall be arranged by the arbitrator in consultation with the Board and the Association. Within thirty (30) days of the date the hearing is closed, the arbitrator shall make an award unless other time limits are required of the arbitrator.

c) Rules of procedure to govern the hearing shall be fixed by the arbitrator, and the award, when signed by the arbitrator and submitted to the Association and to the Board within the prescribed time limits, shall be final and binding and shall be subject to rulings in a court of competent jurisdiction.

d) The arbitrator shall have no power to add to, subtract from, or alter or vary in any way the express terms of this Agreement, nor imply any restriction or burden against either party that has not been assumed in this Agreement. The arbitrator shall have no authority to rule on a nongermain issue of law.

e) The fees and expenses of the arbitrator shall be shared jointly and equally between the Board and the Association. Neither party shall be required to pay any part of the cost of a stenographic record without its consent, provided that failure of a party to share the cost of such record shall be deemed a waiver of the party's right of access to the record.

G. MISCELLANEOUS. MISCELLANEOUS;:

1. The aggrieved party and the principal or immediate supervisor may agree in writing that Level One (1) of the grievance procedure be bypassed and the grievance processed at Level Two (2).

2. Grievance meetings and hearings shall be conducted at a time that will provide an opportunity for the aggrieved party and all parties of interest to be present. When mutually scheduled meetings and hearings are held during the duty day, persons required to participate in the meeting or hearing shall be excused without loss of pay or other benefits. The party requesting the participation of the Board employee shall be liable for the cost of a substitute teacher for each day a teacher is absent whether or not a substitute is hired, with the single exception that the Board will be liable for the wages of the grievant. All meetings and hearings mutually agreed to and held on District property shall be scheduled by the District. Meetings or hearings requested on neutral property shall be arranged and paid for by the requesting party.

3. Reprisals shall not be taken against any party of interest in the grievance procedure by reason of such participation.

4. All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants and shall be treated as confidential material. These materials shall not be reviewed for decisions regarding reemployment, promotion, assignment, or transfer.

5. The failure of the aggrieved party to proceed from one step of the grievance procedure to the next step within the time limits set forth shall be deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal through the grievance procedure concerning the particular grievance.

6. Notwithstanding the expiration of this agreement, any claim or grievance arising thereunder may be processed through the grievance procedure until resolution.

7. It shall not be permitted to assert in such arbitration proceeding any ground not specified in the original written grievance. Neither the Board nor the Association shall rely on any evidence not previously disclosed to the other party.

ARTICLE 10 - NO STRIKE AGREEMENT

A. The Association agrees that it will not cause or authorize any strike or concerted activity to occur during the life of this Agreement. The Board agrees that it shall not lock out any employee covered by this Agreement.

B. In the event of any strike or concerted activity the Association agrees to immediately instruct teachers violating this provision that said activity is unauthorized by the Association and in violation of this Agreement and that such teachers are to discontinue said activity and immediately return to work. If these teachers do not resume work immediately upon being so instructed, they shall be subject to discipline, including discharge.

ARTICLE 11 - AGREEMENT CONSIDERATIONS

A. EFFECT. EFFECT;:

1. This Agreement constitutes the full and complete agreement between the Board and the Association. This Agreement shall supersede any and all prior rules, policies, regulations, practices, agreements, or understandings concerning terms and conditions of employment heretofore in effect which shall be contrary to or inconsistent with the provisions of this Agreement.

2. This Agreement shall not be interpreted to eliminate past practices unless they are inconsistent with this Agreement. It is recognized that certain hours and other conditions of employment may, by past practice, not conform to the express language of this Agreement. These practices may continue during the term of this Agreement or may be changed by the Board to conform or more nearly conform to the express language of this Agreement.

3. In the event of a material alteration of an established prior teacher benefit not addressed in this Agreement during the term of this agreement, the parties mutually agree to bargain in good faith upon such prior teacher benefit so altered when requested by the Association. This section applies only to the mandatory bargaining subjects of wages, hours, fringe benefits, and other conditions of employment.

B. SAVINGS CLAUSE. SAVINGS CLAUSE;:

1. Parties recognize that all provisions of this Agreement are subject to the laws of the State of Montana, federal laws, and valid rules, regulations, and orders of the state and federal government agencies. Any provisions of this Agreement or application of this Agreement to any employee or group of employees found to be in violation of any such laws, rules, regulations, directives, and orders shall be null and void and without force and effect. The parties will meet not later than fifteen school days after notification to both parties of such findings for the purpose of negotiations on the specific provision(s) found to be in violation. All other provisions shall remain in full force and effect.

2. In the event either party fails or refuses to negotiate within fifteen days after written notification to amend the contract to comply with such findings, such offending party shall indemnify, defend, and save the other harmless against all claims, demands, suits, and other liability and court costs which shall result from such refusal.

3. It is further understood that either party's refusal to comply with such findings as defined above shall subject the refusing party to the same indemnification agreement as to the other party.

C. CONFORMITY TO LAW. CONFORMITY TO LAW;: No teacher shall be bound by any provision, rule, or regulation expressed or implied except as written in this Agreement or other Board policy, or by action of the Legislature or the Montana Superintendent of Public Instruction. Nothing in this provision shall be construed so as to limit or prohibit the right and authority of any administrator or supervisor to manage, supervise, or administer his/her department or building so long as his/her directives are not in conflict with this Agreement or other written Board policy or the laws of Montana and/or actions of the Montana Superintendent of Public Instruction.

D. EFFECTIVE PERIOD. EFFECTIVE PERIOD;: This Agreement shall be effective as of July 1, 2009, and shall continue in full force and effect until June 30, 2011.

E. PRINTING AND DISTRIBUTION OF AGREEMENT: This Agreement will be printed at the expense of the Board and distributed to each teacher employed by the Board by September 1, or within sixty (60) calendar days of ratification by the parties. Further, the Association shall be furnished with a copy of this document.

F. REOPENING OF AGREEMENT. REOPENING OF AGREEMENT;: If either the Association or the Board desires to modify or amend this Agreement commencing the day following the expiration noted above, notice of intent to bargain shall be given to the other party no later than January 1 prior to this Agreement's expiration date, and bargaining shall begin no later than March 1 prior to this Agreement's expiration date.

ARTICLE 12 - DATE AND SIGNATURES

This Agreement is entered by and between the Board of Trustees of School District One and A, Great Falls, Montana, and the Great Falls Education Association.

In Witness Whereof,

This Agreement is signed this 8^th day of June , 2009.

FOR: BOARD OF TRUSTEES, FOR: GREAT FALLS EDUCATION

SCHOOL DISTRICT No. 1 & A ASSOCIATION

_____________________________________________ ____________________________________________

Laura Vukasin, Chair, Board of Trustees Mike Picking, Unit President

_______________________________________________ __________________________________________

Bob Odermann, Clerk of the Board Unit Secretary

____________________________________________

Negotiations Committee Chair

BACHELOR'S DEGREE				MASTER'S DEGREE
STEP	B.A.	B.A.+10	B.A.+20	M.A.	M.A.+10	M.A.+20	M.A.+30
		Semester Hours	Semester Hours		Semester Hours	Semester Hours	Semester Hours
1	$29,985	$30,945	$31,934	$32,894	$33,867	$34,828	$35,802
2	$31,094	$32,160	$33,238	$34,303	$35,368	$36,432	$37,497
3	$32,204	$33,373	$34,543	$35,712	$36,867	$38,036	$39,192
4	$33,314	$34,588	$35,847	$37,123	$38,364	$39,641	$40,885
5	$34,423	$35,802	$37,151	$38,532	$39,865	$41,243	$42,579
6	$35,532	$37,018	$38,456	$39,940	$41,364	$42,849	$44,273
7	$36,642	$38,231	$39,760	$41,349	$42,864	$44,453	$45,967
8	$37,751	$39,445	$41,066	$42,759	$44,363	$46,057	$47,661
9	$38,861	$40,660	$42,369	$44,168	$45,862	$47,661	$49,355
10	$39,970	$41,873	$43,674	$45,579	$47,361	$49,266	$51,050
11	$41,079	$43,090	$44,979	$46,986	$48,861	$50,870	$52,745
12	$42,189	$44,303	$46,283	$48,396	$50,360	$52,474	$54,438
13		$45,517	$47,587	$49,805	$51,859	$54,079	$56,132
14			$48,892	$51,214	$53,358	$55,682	$57,826
15				$52,624	$54,861	$57,287	$59,523
Career Increment: 15-16 Years			$49,868			16 -17 Years	$60,715
Career Increment: 17-18 Years			$50,846			18 -19 Years	$61,901
Career Increment: 19+ Years			$51,828			20 + Years	$63,091

BACHELOR'S DEGREE				MASTER'S DEGREE
STEP	B.A.	B.A.+10	B.A.+20	M.A.	M.A.+10	M.A.+20	M.A.+30
		Semester Hours	Semester Hours		Semester Hours	Semester Hours	Semester Hours
1	$30,435	$31,409	$32,413	$33,387	$34,375	$35,351	$36,339
2	$31,561	$32,643	$33,737	$34,818	$35,899	$36,979	$38,060
3	$32,687	$33,874	$35,061	$36,248	$37,420	$38,607	$39,780
4	$33,814	$35,107	$36,385	$37,680	$38,940	$40,236	$41,498
5	$34,939	$36,339	$37,709	$39,110	$40,463	$41,862	$43,218
6	$36,065	$37,573	$39,033	$40,539	$41,985	$43,492	$44,937
7	$37,192	$38,805	$40,357	$41,970	$43,507	$45,120	$46,657
8	$38,318	$40,037	$41,682	$43,400	$45,029	$46,748	$48,376
9	$39,444	$41,270	$43,005	$44,831	$46,550	$48,376	$50,095
10	$40,570	$42,501	$44,329	$46,263	$48,072	$50,005	$51,816
11	$41,696	$43,737	$45,654	$47,692	$49,594	$51,633	$53,536
12	$42,822	$44,968	$46,978	$49,122	$51,116	$53,261	$55,255
13		$46,200	$48,301	$50,553	$52,637	$54,890	$56,974
14			$49,626	$51,983	$54,159	$56,518	$58,694
15				$53,414	$55,684	$58,147	$60,416
Career Increment: 15-16 Years			$50,616			16-17 Years	$61,626
Career Increment: 17-18 Years			$51,609			18-19 Years	$62,830
Career Increment: 19+ Years			$52,605			20 + Years	$64,038

Subject Area	Compensation
Art	0.021140
Business Education	0.051576
Counseling	0.051576
English	0.051576
Family and Consumer Science	0.021140
Foreign Language	0.021140
Freshman Academy	0.035154
Math	0.051576
Media Center	0.021140
Music and Drama	0.021140
PE/Health	0.021140
Science	0.051576
Social Studies	0.051576
Special Education	0.051576
Trades and Industry	0.035154
Wellness Coordinators	0.021140

Position	Compensation
Team Leader	0.051576
Coordinator	0.049100
Yearbook	$500 per school

HIGH SCHOOL
Athletic Trainer	0.29655
Athletic Trainer Assistant	0.18470
Band Director	0.14090
Band Director Assistant	0.04021
Basketball Head Coach	0.17006
Basketball Assistant Coach	0.11459
Basketball Assistant 9^th	0.06027
Chorus Director	0.14090
Chorus Director, Associate	0.08680
Cheerleader Coordinator (fall)	0.04697
Cheerleader Coordinator (winter)	0.04697
Cheerleader Coordinator (spring/summer)	0.04697
Color Guard	0.07233
Cross Country, Head Coach	0.10129
Cross Country, Assistant Coach	0.07233
Distributive Education Coordinator	0.07233
Drama Director	0.14090
Drill Team Coordinator	0.14090
Football, Head Coach	0.17006
Football, Assistant Coach	0.11459
Football Head 9^th Grade	0.06027
Football Assistant 9^th Grade	0.04824
Forensics Head Coach	0.14090
Forensics, Assistant Coach	0.09043
Golf, Coach	0.09043
HOSA Coordinator	0.07233
Musical Director	0.02409
Office Education Coordinator	0.07233
Orchestra Director	0.14090
Pep Band Director	0.02409
School Newspaper	0.14090
School Yearbook	0.14090
Skills USA	0.07233
Soccer Head Coach	0.10129
Soccer, Assistant Coach	0.07233
Softball, Head Coach	0.14090
Softball, Assistant Coach	0.09043
Stagecraft	0.14090
Swimming, Head Coach	0.14090
Swimming, Assistant Coach	0.09043
Tennis, Coach	0.10129
Tennis Coach, Assistant	0.07233
Track, Head Coach	0.14090
Track, Head for both Boys & Girls (rev. 02)	0.15590
Track Coordinator (one for boys and one for girls—revised 02)	0.10855
Track Assistant Coach	0.09043
Volleyball Assistant Coach	0.09043
Volleyball 9^th Assistant	0.06027
Volleyball, Head Coach	0.14090
Wrestling, Head Coach	0.14090
Wrestling, Assistant Coach	0.09043
Wrestling, 9^th Grade Assistant	0.07233

MIDDLE SCHOOL
Athletic Director	0.12058
Athletic Director Assistant	0.03800
Basketball Coach	0.04824
Cross Country Coach	0.04021
Football Coach	0.04824
Swimming Coach	0.04824
Track Coach	0.04824
Volleyball Coach	0.04824
Wrestling Coach	0.04824

SPECIAL OLYMPICS
Special Olympics Assistant Coaches	0.01205
Special Olympics Spring Sports Coach	0.02409
Special Olympics Winter Sports Coach	0.02409
Special Olympics Head Coach and Area Coordinator	0.09649

STEP

Step 2 is entry level. Teacher remains on Step 2 for 2 years

STEP