Teachers’ Association Contract 2017-2021
Article 1: Definitions
Section 1 Unit
The Board of Education hereby recognizes the Burnt Hills-Ballston Lake Teachers Association as the exclusive bargaining agent, pursuant to Article 14 of the Civil Service Law, as amended, for a unit consisting of all certificated professionals, occupational therapists, physical therapists, except full time administrators, daily substitutes, teaching assistants, and positions requiring both professional and supervisory/administrator certificates unless such positions include at least half time teaching responsibility or more than two classes for secondary positions.
Section 2 Professionals
The term professional as used in this agreement is defined as referring to those people represented by the bargaining unit as defined in Section 1.
Section 3 Elementary
The term elementary as used in this agreement shall refer to Grades K-5.
Section 4 Secondary
The term secondary as used in this agreement shall refer to Grades 6-12.
Article 2: Release Time
The program to release professionals from regular duty for short term resolution of immediate problems and to engage in professional development activities which become available at short notice will be administered in the following manner:
- Release time requests will be processed at the appropriate level as determined by the type of
building or department supervisory structure.
- District Department Head
- Assistant Superintendent for Instruction
- Because the program is designed to meet immediate needs, there should be no extended time lapse between request and approval.
- Final approval will be determined by the Assistant Superintendent for Instruction. If the request for released time is denied, the Assistant Superintendent for Instruction will notify the professional, in writing, of the reasons for denial.
- The professional will provide a written description of the release time activities to those named
in (A) above.
Article 3: New, Vacant, Leave, and Transfer Positions
- The term “new position” as used in this agreement is limited to any full-time or part-time professional positions newly created by the Board of Education after July 1, 2014 that results in an increase in the total number of professional positions within a tenure area at the time the position is newly created.
- The term “vacant position” as used in this agreement is defined as any replacement position that becomes vacant as a result the death, resignation or termination of a professional currently employed by the District.
- The term “leave position” as used in this agreement is defined as any position left temporarily vacant as the result of a leave of absence for a specified period of time.
- The term “transfer position” as used in this agreement is defined as any position left vacant as a result of the transfer of a professional between elementary grade levels, buildings, or academic departments.
- The term “full-time” as used in this agreement is defined as referring to any position for which a professional is compensated at 100% of salary level in accord with the terms of this agreement.
- The term “part-time” as used in this agreement is defined as referring to any position for which a professional is compensated at less than 100% of salary level in accord with the terms of this agreement.
B. Whenever a vacant, leave or transfer position is to be filled, notification will be sent to all professionals via District e-mail.
C. Five school days after the notification described in 3B above has been provided, the District shall in accord with Article 19, Section D2, assign or reassign any professional to a vacant, leave or transfer position. The District will not be confined to the candidates who responded to the notification in making these assignments or reassignments.
D. The District shall post for 10 days in each of the five school buildings all “full or part-time” positions remaining unfilled after the implementation of the process detailed in 3B and C above. Such postings will include selection procedures, time limits for inquiries and applications, and the requisite professional qualifications. Additionally, such notices will be emailed to the Association President, Chief Negotiator, and the individual Association Building Presidents. No interviews will be conducted, except in emergency circumstances, until the notice is posed in each school for 10 days. No appointments will be made during the 10 day posting period except in an emergency. Exception will be made where an emergency situation requires that after posting interviews should be held and positions filled before the 10-day period expires.
E. The District shall post all “full or part-time” new positions in each of the 5 school buildings. Such postings will include selection procedures, time limits for inquiries and applications, and the requisite professional qualifications. Additionally, such notices will be emailed to the Association President, the Chief Negotiator, and the individual Association Building Presidents. No interviews will be conducted until the notice is posted in each school for 10 days. No appointments will be made during the 10 day posting period except in an emergency. Exception will be made where an emergency situation requires that after posting, interviews should be held and positions filled before the 10-day period expires.
F. All professionals subject to this agreement interested in new, vacant, leave or transfer positions have the right to make application for said positions. Qualified professionals will be interviewed. Qualified professionals have the right to accept an appointment if so offered by the District. All applicants subject to this agreement who are interviewed will be notified in writing when an appointment is made.
G. Professionals interested in possible vacancies (either new, vacant leave or transfer) occurring during the summer, for which they are certified or anticipate certification shortly, should obtain forms in school building offices. Such forms should be submitted to the Human Resources Office at the beginning of the summer recess no later than June 30. The forms will indicate where the person can be contacted should a vacancy occur. If a professional cannot be contacted at his/her permanent address or temporary address given, or by phone, or does not respond within six (6) calendar days during a period beginning in July, or within five (5) calendar days during a period beginning in August, following the initial attempt at contact, other candidates will be considered and assignments made to the position.
H. The Human Resources Office will provide, in the final paycheck envelope or other suitable device, the form specified above to all professionals excessed from full-time, part-time, or temporary positions.
I. For any vacant positions requiring supervisory or administrative certification, a committee shall be established by the Superintendent to interview the most promising candidates as determined by the Superintendent or his designee. The Association President may appoint two members to such committee. All other professionals shall be appointed jointly by the Association President and the District.
Article 4: Aides and Teaching Assistants
- Aides and teaching assistants will be replaced by aides or teaching assistant substitutes during an absence providing that a suitable person qualified to take over the assignment is available. In active list of persons qualified to substitute in this area will be maintained by the Human Resource Office.
- Professionals who work directly with aides and/or teaching assistants will have opportunity to provide input to the Building Principal and the appropriate District Department Head, Department Head, or Central Administration designee responsible for the program into the needs and requirements of a program as it relates to that aide or teaching assistant.
- Professionals who work directly with aides and/or teaching assistants will have opportunity to provide input concerning the performance of specific job responsibilities to the supervisor or administrator responsible for evaluation of the aide or teaching assistant.
Article 5: Temporary & Part-time Professionals
Section 1 Temporary Professionals
The term “temporary professional” as used in this agreement is defined as referring to a professional appointed by the Board of Education as a replacement for a professional on leave or to a part-time position, one that is other than probationary or tenured. Temporary professionals employed under this contract who are subsequently given full-time probationary appointments will have their temporary service pro-rated toward tenure as follows:
- A minimum probationary period of two years will be served prior to appointment to a tenured position.
- If the temporary service is continuous with the full-time probationary appointment, such service will be credited toward tenure for up to a maximum of two years.
- In addition, such temporary service will be credited to the professional for placement on the salary schedule.
Section 2 Part-Time Professionals
The term “part-time” professional as used in this agreement is defined as referring to any professional compensated at less than 100% of salary level in accord with the terms of this agreement. Part-time professionals employed under this contract who are subsequently given full-time, probationary appointments will have their part-time service prorated toward tenure as follows:
- A minimum probationary period of two years will be served prior to appointment to a tenured position;
- If the part-time service is continuous with the full-time appointment, such service will be credited toward tenure for up to a maximum of two years;
- Part-time service will be used for placement on the salary schedule for service in the same tenure area in which a full time appointment takes place. Part-time professionals who have been employed on a basis of 0.2 time or more during consecutive years of service will move up one level on the salary schedule for each consecutive year of service pro-rated to the part-time service rendered. Should such person be subsequently employed on a full-time basis, the salary level will be determined by adding decimals representing the annual part-time service.
Any fraction in the sum of this service of 0.5 or more will be counted as a full year in determining level placement at a minimum. The District has discretion to place professionals at a higher salary level.
Section 3 Notification
Temporary and part-time professionals, while employed by the District, will be notified of all probationary, full-time positions that become available for which they qualify.
Article 6: Substitutes
- The administration has the responsibility of initiating, building, and maintaining a roster of approved substitute teachers. District Department Heads and Department Representatives will be provided with substitute listings for their departments. District Department Heads and Department representatives will be informed of changes in their listings as they occur.
- Each professional will prepare and have immediately available materials that a substitute professional would be able to quickly and efficiently use to perform required duties. Such materials would include a teaching schedule, daily lesson plans, student rosters, daily routines, and special schedules necessary to facilitate instruction with students, and also, a summary form for substitute’s use to report the day’s activities to the professional. In emergency situations and/or absences of longer than five days, the professional will be relieved of responsibility for daily lesson plans and clerical responsibilities such as data entry for attendance. Plans for absences longer than five days will be coordinated among the professional (when able), the substitute professional, the building principal and/or the appropriate District Department Head and will include unit outlines from the professional when possible.
- Each professional shall have available evidence of appropriate planning of current professional activities. Therefore, submission of lesson plans to the building office by the entire faculty of that building at one time would serve no useful purpose and will not be required. This does not preclude the prerogative of administration or supervisors to request lesson plans from individuals or departments. Written comment will be provided to the professional concerning plans submitted. A conference concerning the plans may be requested by either party for the purpose of improving instruction.
- At the beginning of the school year all professional personnel will be provided with a sheet entitled “Procedures for Improvement of Substitute Service: and also several forms entitled “Substitute Service Report”. Professionals should complete the report following each substitute service period. Additional copies of the above materials can be obtained from building offices or the Human Resources Office.
- In a substitute teaching situation requiring particular skills and/or abilities, the regular professional should make known these needs to the principal. In such a situation the principal may decide to request a particular person to fill the position through the Human Resources Office.
- Substitute service will be provided for guidance counselors when absences exceed three consecutive days.
Article 7: Professional Travel, Conference Attendance & Visitation Days
The Board, Administration, and Teachers Association acknowledge the value of professional travel, conference attendance, and visitation days both for the professional and the District. The opportunity to participate in such activities shall be open to all professionals covered by this agreement within the limits of district policy and available funds. To insure equitable distribution of appropriations for such activities:
- Elementary and secondary professional conference travel funds shall be pro-rated among the schools in the district on the basis of the number of professionals assigned to each school.
- The building staff development representatives in each school together with the building principal shall establish by October 1, a rationale for allocation of these funds.
- All requests for participation in such activities must be made through the building principal to the Assistant Superintendent for Instruction on a form provided by the District;
- The Assistant Superintendent for Instruction will approve or deny such requests.
- Upon the recommendation of the Assistant Superintendent for Instruction, the District will pay for travel expenses incurred by professionals holding office in state or national professional organizations for participation in programs at state or national meetings for no more than three consecutive years. Payment for such expenses will be within the limit established for travel.
- Visitation provides opportunities for professionals to observe other professional programs. All visitations must be desirable from a District standpoint. Upon recommendation of the Assistant Superintendent for Instruction, professionals will be afforded such visitations.G . Longer visitation, requiring overnight travel, may be approved when need is demonstrated within limits of District policy and available funds.
- In special circumstances professionals will be allowed to attend conferences without loss of pay at their own expense with the permission of the Assistant Superintendent for Instruction.
- The District may not require a professional to attend a meeting and defray only part of the cost. No one will be required to attend a conference.
- When more than one district professional will be at a given conference and travel is by automobile, arrangements should be made to share the ride.
- Travel expenses include:
- Actual hotel bills,
- Actual cost of meals, excluding alcohol, including tips, not to exceed $75 per day,
- Automobile expense at the rate per mile permitted by the IRS or plane, train or bus fare, Plane transportation expenses are limited to the maximum cost for coach fare,
- Registration fees, but not dues,
- Highway, bridge tolls and parking fees,
NOTE: All expenses must be substantiated by itemized receipts. Written explanation shall be provided when receipts are not itemized or unattainable.
- The classes of any professional attending a conference will be covered by a regular substitute or an approved student professional under administrative supervision. In particular situations pertaining to conference attendance, a professional may cover for another professional at the request of the department head and principal. However, compliance is not mandatory except in cases of emergency, and in such cases coverage by a professional would be temporary.
Article 8: Calendar
Section 1: School Day and Instructional Day
A. The Superintendent of Schools and the Teachers Association acknowledge that professional responsibilities are required for the school day., instructional day, and for periods outside the school day, as defined herein. Professionals shall exercise their responsibilities within the school day. The schedule will be as follows:
- School Day Grades K-5: Monday, Wednesday, Thursday, Friday from 8:20 a.m. to 3:30 p.m. (7 hours, 10 minutes)
- School Day Grades K-5: Tuesdays Only from 8:05 a.m. to 3:15 p.m. (7 hours, 10 minutes)
- School Day Grades 6-12: 7:40 a.m. to 3:20 p.m. (7 hours, 40 minutes)
The instructional day schedule shall be inclusive of the school day and defined as follows:
- Instructional Day:
- Grades K-5: 8:45 a.m. to 3:00 p.m. (6 hours, 15 minutes)
- Grades 6-8: 7:49 a.m. to 2:25 p.m. (6 hours, 36 minutes)
- Grades 9-12: 7:45 a.m. to 2:20 p.m. (6 hours, 35 minutes)
The parties agree that the Superintendent or designee, the association president or designee and a bargaining unit member may agree on an annual basis to modify the unit member’s schedule. This modification will not result in a total number of contact hours that exceeds the instructional day hourly limits of 6 hours and 35 minutes for grades 9-12, 6 hours and 36 minutes for grades 6-8, and 6 hours and 15 minutes for grades K-5. The total number of hours worked by the teacher will not exceed the school day hourly limit of 7 hours and 40 minutes consecutively for grades 6-12 and 7 hours and 10 minutes consecutively for grades K-5. All 3 (three) parties must agree to any modified schedule. Notification will occur according to Article 8 Section 2.
Among the professional responsibilities that may occur during the school day are such activities as curriculum enrichment, student makeup and remediation work, extra class activities, meeting with parents, and other activities related to non-instructional pupil supervision, such as faculty, departmental, and collaborative meetings.
Professionals are also expected to participate in activities which may extend beyond the school day. Among these activities are parent conferences and building and district faculty meetings. A maximum of two school nights per year may require evening attendance.
Secondary professionals with multiple grade level responsibilities may be required to attend a third back to school night.
On days preceding a holiday, professionals may leave after the last student dismissal in the building to which they are assigned. There will be no activity buses scheduled on these days.
B. All Elementary professionals, including special area professionals in art, music, physical education, and library, will be provided with a minimum of 180 minutes per week for purposes of planning during the instructional day as defined above except on those occasions when the instructional day or class schedule is disrupted by special events such as assemblies or field days. Efforts will be made to schedule such events so that such disruptions do not consistently affect the planning time of the same professionals. Classroom professionals of grades K, 1, 2,a nd 3 will be provided a minimum of 20 additional minutes per week for purposes of planning during the instructional day. Classroom professionals of grades 4 and 5 will be provided a minimum of 50 additional minutes per week for purposes of planning during the instructional day.
At least thirty minutes per day of this planning time will occur during the instructional day. This time will be provided to all elementary professionals in a minimum of two 15-minute blocks per instructional day.
C. All High School professionals will have one personal planning period per day during the instructional day, except when prevented by a special event. Efforts will be made to schedule events so that such disruptions do not consistently affect the planning time of the same professionals. High School professionals, working in a block schedule, will have one personal planning block per day during the instructional day.
D. All Middle School professionals will have at least two personal planning periods per day of approximately 40 minutes each in addition to a 30-minute lunch. If teachers have three (3) planning periods built into their schedule in addition to a 30-minute lunch, one (1) of the three (3) planning periods will be scheduled as a team planning period up to three times per week at the discretion of the building principal.
E. A professional should have the approval of the building principal or assistant principal for any departure from the building for emergency reasons. If a building administrator is not immediately available, another staff member should be informed of the departure so he/she can inform the administration. All professionals shall notify the main office prior to departure from the building during the school day and upon return.
F. In cases of emergency, a professional may be requested by the building principal to temporarily substitute for another professional. An emergency should be “an immediate and unplanned absence”.
G. Professionals will be compensated at the rate of $20 per half hour, or fraction thereof, of instructional when they are asked to teach an additional period in a situation when a substitute professional is requested by the school administration and the Human Resources Office cannot fill the request.
H. During the first semester, for grades K-5 the equivalent of four (4) half days will be provided for
professionals to meet with parents for the purpose of conducting parent conferences. Ordinarily conferences are scheduled from 15-20 minutes per parent meeting. Specific time periods for each conference will be left to the determination of the professional within these guidelines. In the second semester, the equivalent of four (4) half days not scheduled for curriculum development will be used for kindergarten, and first grade parent conferences. Substitutes will be required for these days.
I. All professionals who teach in both secondary buildings and who are assigned either three or four preparations will be assigned non-instructional supervision in only one of the two buildings as follows:
1. Three preparations – Non-instructional supervision in only one building will total no more that 50% of what the professional’s teaching load in that building would normally require. Example: If a professional works .5 time in the High School, his/her non-instructional supervision in only one building would be ¼ the daily non-instructional supervision normally required of a full time professional in that building.
2. Four preparations – There will be no non-instructional supervision in either building.
J. Professionals required to travel between buildings shall be provided necessary travel time
exclusive of planning time as follows:
- Distance Travel Time Up to 2 miles 15 minutes
- Each additional ¼ mile or fraction 1 additional minute per ¼ mile thereof in excess of 2 miles
- Mileage required to travel between buildings in the discharge of responsibilities will be compensated at the rate per mile permitted by the IRS.
K. Professionals required to work in more than one secondary building shall be required to attend at least one department meeting per month in each building and will be required to attend one monthly faculty meeting in the building in which they spend the greatest total work time.
L. Professionals who administer required District individual assessments will have substitute coverage provided. Professionals who administer individual assessments will have up to five (5) days per year but professionals may apply to an immediate supervisor, when necessary, for additional release time. The immediate supervisor’s decision is final. Professionals who administer required assessments with foreign language classes will have available a maximum of two (2) days per year.
Section 2: School Year
- The school year shall include a maximum of 186 working days between September 1 and June 30. These days will include all district conference days, both before classes begin and during the school year. Professionals will not be required to work on snow days or other days when the Superintendent authorizes a school closing. However, it is understood that the school calendar shall include the number of pupil attendance days needed to assure maximum state aid for operating purposes, and if the number of snow days or other authorized school closings should require makeup days to assure maximum state aid, all professionals will be required to work on these makeup days without additional compensation beyond the annual salary provided by the terms of this agreement. Professionals who have not completed their required responsibilities at the end of the school year may be required to work beyond the 186 days, without additional compensation, if necessary to complete responsibilities. If the Board of Regents, Commissioner of Education, or State Legislature require more than 186 working days, professionals will be compensated for each additional day beyond 186 at 1/186 th of their total annual salary per day.
- By May 15 the middle and high school building principals will publish a tentative schedule relative to meetings and other events for the subsequent year. At some mutually agreeable time prior to June 1, a meeting of the secondary principals and Professionals Association unit officers will be held to explore ideas and recommendations that would best serve the educational program of the building. Any building program of scheduling should be compatible with the district schedule.
- At some mutually agreeable time prior to June 1, the elementary principals and the Professionals Association unit officers will meet to explore ideas and recommendations pertaining to the following school year.
- Professionals will be notified in writing by May 15 concerning their programs for the coming school year, including the schools in which they will be assigned, the grades and/or subjects they will teach and any special or unusual classes they will have. Professionals with classes involving students placed by the Local Committee on Special Education will be notified of assignment of these students by June 15. It is recognized that, following May 15 and June 15, special circumstances may require changes. Where such changes are anticipated currently or in the subsequent year, individual professionals will have an opportunity to discuss changes of their programs with the principal prior to final determination of change. During the summer or other vacation periods, it shall be the professional’s responsibility to inform the principal where he/she may be contacted. If changes in program are anticipated, a letter will be sent to the professional at his/her specified temporary or permanent address. Six (6) calendar days following the date of mailing will be considered the appropriate time period for contacting the principal except immediately prior to the opening of schools when delays in locating a person may create a particular emergency relative to the opening of school.
- A day for all elementary professionals will be provided on the second Friday in June so elementary professionals can complete individual student records and folders. Elementary students will not attend school on this day. This day for elementary record preparation shall be included in the 186-day school year.
- There will be three (3) Superintendent Conference days during each school year. Two of the conference days will be scheduled at the beginning of the school year, with 6th and 9th grade orientations occurring on the second conference day. The third conference day may be held at any time during the school year. A fourth conference day may occur if agreed upon by the President of professional’s association and the Superintendent of schools. If student attendance is necessary on the last day of the school year to meet the 180-day attendance requirement, it will be an abbreviated session to comply with the Commissioner’s specifications on the minimum number of pupil attendance minutes required per week.
Article 9: District Liability
The district will follow policies concerning district liability provisions of Education Law 3023 as amended and Education Law 3028 and 3028A.
Article 10: District Policy
- A. There will be an updated copy of the Board Policy Book online and Administrative Regulations will be updated as needed to each of the following people:
- President of the Teachers Association,
- Chief Negotiator,
- Chairperson of Grievance,
- Unit President in each school building.
- Faculty handbooks shall be updated by September 1 of each year.
- Professional personnel will be expected to adhere to and enforce district and building policies as stated in the appropriate handbooks.
- Maintenance of Standards. Prior to changes in district policy concerning compensation, length of day, current policy on class size, and other factors with influence professional’s terms and conditions of employment, the President of the Teachers Association will be contacted and the Association will have opportunity to advise the Superintendent and the Board of Education, and make recommendations concerning such anticipated changes. District policy is defined as those policies and regulations only that appear in the Board Policy Book.
Article 11: New Personnel Orientation
- Professional personnel new to the school district may be required to meet for up to five (5) days prior to Labor Day in their first year in the district with the appropriate administrators for orientation to district and building policies, procedures, philosophy and goals. The Association President will be notified of the meetings and will have the right to send a representative who may participate in the orientation. Such orientation of new personnel will be independent of any meetings of continuing personnel. New personnel in attendance at these orientation meetings will be compensated at the summer curriculum work salary rate as established elsewhere in this agreement.
- The District will provide a copy of the current professional agreement and a packet of materials provided by the Teachers Association to each newly hired professional represented by the Professionals Association.
Article 12: The Association
Section 1 Association Rights
- Possession of cards: Possession of dues deduction authorization cards and membership lists for the Association will be restricted to the Superintendent or his designee for payroll purposes. Distribution of such cards or lists may not be made without the permission of the President of the Association.
- A member of the Association may elect to pay his professional dues by payroll deduction. Authorization for deduction shall be on forms approved by the Superintendent of Schools. Authorization for deductions shall be submitted to the Business Administrator within thirty (30) teaching days of the instructor’s actual first day of teaching. A dues deduction authorization shall continue in effect until written revocation. Such revocation must be submitted to the business office at least 30 days prior to the effective date of termination of dues deduction. First dues deductions for the contract year for continuing staff shall be initiated with the final paycheck in September and be completed by the nearest payroll date to June 15. The Association Treasurer shall be furnished current salary information for all professionals by the first of each month for the purpose of establishing dues deduction.
- The Board will allow the Association use of the facilities of the school district in accordance with the district policy in relation to use of facilities.
- The Association President shall be furnished with the following:
- Notification of initiation of dismissal, disciplinary action and non-recommendation for tenure involving a person represented by the bargaining unit, including but not limited to bargaining unit members’ coaching and extra-curricular responsibilities;
- A copy of the posting of new, leave, vacant or transfer positions as per Article 3;
- A copy of proposed policy and administration regulation changes;
- A copy of Board of Education minutes;
- Written notification of appointments by the Board of Education to positions represented by the bargaining unit.
- During orientation at the beginning of the school year, one hour will be provided for all professionals covered by this agreement for the purpose of contract interpretation by the Teachers Association. If an agreement has not been reached by the orientation date, the President of the Teachers Association and the Superintendent of Schools will mutually determine an hour for contract interpretation during a school day.
- The Association President shall have available as necessary a total of fifty-seven (57) days per year for Association business. The President shall decide by whom the time will be used and will transmit such information to the Building Principals and the Assistant Superintendent for Instruction. Absence from work duties for such reason will require prior approval. The applicant may appeal a denial of the request to the Superintendent of Schools or his designee, who will respond in writing within 10 calendar days of such appeal.
- The Association President will be relieved of all non-instructional supervision including homeroom, detention, bus duty, cafeteria duty, and study hall duty. The Association President will have a .2 reduction of teaching time. The Teachers Association will compensate the District at 0.2 of the replacement teacher’s salary. In the event the Association President is an elementary school professional, substitute service will be provided by the District for up to and including an additional 50 (10) half days per year for Association business.
- In instances where the Chief Negotiator is an elementary professional he/she will be relieved of bus duty supervision. In instances where the Chief Negotiator is a secondary professional he/she will be relieved of homeroom supervision.
- Agency Fee
1. The District will assume obligations for the collection of an agency fee as stipulated below:
a. The District shall deduct from the salaries of those members of the bargaining unit who are not members of the Association, a service fee (agency fee) equivalent to the total annual per capita dues paid by members of the Association;
b. The service fee shall be deducted in the same manner as payroll deduction of dues and transmitted promptly to the Association unless the non-member has paid the total agency fee directly to the Association by September 5 as stipulated by the Association to the District;
c. Any bargaining unit member subject to the service fee charge who is employed for less than the full school year shall pay a service fee equivalent to the pro-rata portion of the total annual per capita dues paid by members of the Association.
2. The Association will assume the obligations listed below: a. The Association shall provide the District with a list of non-members;
b. The Association shall comply with all provisions of the law with respect to its obligations for the collection and use of agency fees;
c. Upon receipt from the District, the Association assumes full responsibility for the proper application of agency fees. The District will have no liability for any Association duty or responsibility related to agency fees, and the Association will indemnify the District for any expenses arising from the Association’s failure to satisfy its obligations.
Section 2 Association Responsibilities
It will be the responsibility of the building (unit) president to have consultation with, and approval of, the building principal concerning Teachers Association activities that would affect the normal operation and function within a school building. This in no way is intended to infringe on the private activities of the Association.
Article 13: Publications
- The Board of Education and the Association hereby agree that the District professionals not only have the right to submit their writings for publication but should be encouraged to do so. The parties agree that any such publication shall in no way include information specific to specific students that would be in violation of FERPA.
- Written material submitted for publication which does not refer to specific persons or programs within the activities of the school district are of no concern to the parties to this agreement.
- Written materials submitted for publication, the purpose of which is to authoritatively present information that represents or describes programs, curricula, and other activities within the jurisdiction of the school district, should be submitted to the Superintendent or his designee for approval. Such approval would not be required for publications which do not authoritatively describe activities of the school district, and which are constitutionally guaranteed rights of freedom of expression.
- Professionals have the right to publish any lesson sheets or other instructional materials they may develop in connection with their classroom duties. However, the Administration has the right to reproduce any such materials that are used in the district classroom and may circulate them freely within the school district with no compensation to the author or publisher beyond the professional’s normal salary unless there is a written agreement to the contrary between the Superintendent and the author of the materials prior to their use in the classroom.
Article 14: Annual Professional Performance Review (APPR)
A. The Burnt Hills-Ballston Lake Annual Professional Performance Review (APPR) Plan was adopted in 2012 and reviewed in 2014. The APPR Plan is based on the recommendations of the Annual Professional Performance Review Committee and as such can be amended by a committee action as described in C below. Evaluation of teachers shall be conducted in accordance with the “Burnt Hills-Ballston Lake Annual Professional Performance Review Plan”. The Association and the District recognize the APPR Plan as the basis for the teacher evaluation and improvement process. Ensuring the completion of an Annual Professional Performance Review for each professional covered by this agreement in compliance with the Regulations of the Commissioner of Education and the Board of Education Policy is the responsibility of the building principal who will collaborate with the professional in the review process. Other administrators and supervisors (i.e. assistant principals and District Department Heads) may be involved in the APPR process.
B. The Association and the Superintendent of Schools recognize the importance of ongoing professional development. Professional development is the process of developing and sharing visions, goals, and commitments, then incorporating the generated ideas into professional practices.
The purposes of professional development are varied. Professional development may involve, but is not limited to:
- clarifying and integrating goals at all levels;
- updating or clarifying techniques of instructional delivery and class management;
- updating and clarifying student assessment requirements and techniques;
- developing effective collaborative techniques with other professionals, parents, and other school personnel;
- improving professional work climate.
The association and the Superintendent of Schools recognize that:
- professional development is multifaceted and will take many forms;
- no one program or activity will produce the desired professional outcomes for all professionals;
- for professional growth to be successful, it must be self-directed;
- for professional growth to be successful, it must be viewed as an important professional responsibility;
- for professional growth to be successful, it must be supported by the District with necessary time and funding. It is the responsibility of the district to provide staff development necessary for maintenance of certified professional status.
The Association and the Superintendent of Schools expect professional development to be an integral part of attaining the goals specified in a professional’s APPR.
C. A committee to examine the APPR process will be established annually consisting of an equal number of representatives appointed by the President of the Teachers Association and the Superintendent of Schools. The impact of any change to the APPR process is a mandatory subject of negotiations.
Article 15: Seniority
- A. If the Board of Education abolishes professional positions, attrition will be the first means of reducing the professional work force. When displacement is necessary, temporary professionals and/or part-time professionals in the tenure areas of abolished positions will be displaced first. Subsequent necessary displacement will take place within tenure areas as established by law and the rules of the Board of Regents.The District will provide an updated copy of the professional seniority list on the first day of December of the regular school year to the entire membership via district email. Displacement will be on the basis of total years of Burnt Hills-Ballston Lake service with those with the least service within their tenure area displaced first. If displacement occurs, displaced professionals will be given strong consideration for available jobs in other tenure areas for which they may be qualified.
- Persons included in the bargaining unit, who were tenured by the District on June 1, 2010, in a full-time permanent position, whose positions are abolished for fiscal or enrollment decline reasons, will be guaranteed the availability of 180 days’ employment as an itinerant substitute at 1/200th of the level 1 bachelor’s salary rate for the duration of this agreement, if they so indicate their intentions to accept such employment in writing. As itinerant substitutes, such persons will be entitled to continue in the Health Insurance Program, but will not be entitled to leave of necessity benefits or any other benefits not specified in this section.
Article 16: Shared Decision Making
- The Teachers Association and the Superintendent of Schools agree that Shared Decision Making is an essential element of the decision making process throughout the District and, therefore, will be based on the Shared Decision Making Guidelines. The Shared Decision Making Guidelines were adopted in 2005 and revised in 2007 based on the recommendations from the Shared Decision Making Guideline Committee and as such can only be amended by committee action as described in B below.
- If a committee to examine the Shared Decision Making process is established, the number of Teachers Association members serving on the committee will be determined based upon a mutual agreement by the Teachers Association President and the Superintendent of Schools. Changes to the Shared Decision Making Guidelines will only be adopted upon approval by the Superintendent of Schools based upon recommendations from the Shared Decision Making Guidelines Committee.
- The Shared Decision Making Process will follow the Shared Decision Making Guidelines.
Article 17: Blended/Distance Learning Committee
A. A committee to examine Blended/Distance Learning will be established annually consisting of an equal number of representatives appointed by the President of the Teachers Association and the Superintendent of Schools. The committee will be co-chaired by the Superintendent, or designee, and the Association President, or designee. Issues regarding blended learning that impact mandatory subjects of negotiation will be discussed and proposed by the Blended/Distance Learning Committee. Any changes to this Collective Bargaining Agreement proposed by this committee and agreed upon by the Superintendent and TA President will be summarized in a Memorandum of Agreement.
Article 18: Councils
Section 1: Professional Council
- The Professional Council shall function as an informal discussion group to facilitate communication between the Association, the Administration, and the Board of Education.
- The Professional Council shall meet at mutually agreed upon times to discuss, isolate and define problems relating to the school system, and to maintain an informal dialogue between the Association, the Administration, and the Board of Education. The agenda will be mutually determined by the Superintendent and the Association President.
- Membership of the Council shall include six (6) members of the Association, the Superintendent and the Board of Education. Additional members of the Association and the Administration may attend whenever the purpose of the meeting would be enhanced by such attendance.
Section 2: School Discussion Groups
- There shall be in each school building an informal discussion group to facilitate communication between professionals and administrators. The agenda shall be mutually determined by the Association building president and the building principal.
- Membership on the School discussion group will be mutually determined by the Association building president and the building principal except that the Association may unilaterally appoint three representatives to the group.
Section 3: School Building Councils
- There shall be a school building council in each school building. The objective of this council shall be to improve the quality of education for all students by involving the whole school in sharing decision making responsibility with the Board of Education on matters related to curriculum and instruction that will impact an entire building. This entails working collaboratively and providing input to building and departmental administrators. The council may take the form of a building team, board, cabinet, etc. Members of the council will be selected, and their term of service determined, by their constituent groups in each building. Teaching professionals represented by the Professionals Association bargaining unit must constitute 50% of the voting council seats. Teachers Association members in each building will determine the number of professional seats by June 1 for the following year. Six of the professional members selected for the school council in each elementary building will act as representatives to the six District K-12 Curriculum Committees representing Language Arts, Math, Science, Social Studies, Special Services and Health and Personal Development. A seventh professional member selected for the School Council in each elementary building will act as a representative to the District Staff Development Committee. Community members, administrators, support staff personnel, and students, where appropriate, will also be included on the council.
- The building principal and the Teachers Association building president will act as co-coordinators for the school council. The council will determine its own ground rules and set its own meeting times and dates. All meetings will be open to the entire school community. Agendas for council meetings will be published three (3) days before each regularly scheduled meeting, and minutes posted as soon thereafter as possible. The school council will consider issues mutually agreed upon by its membership. Decisions are to be arrived at through consensus whenever possible. An impasse may be resolved by a 75% vote of the total council membership in support of a council decision. Council decisions must be made with the constraints of Education Law, Board of Education Policy and Administrative Regulations, union contracts, and budgetary limits established by the Board of Education.
- The school council shall undertake an annual planning process that includes, but is not limited to:
- Using school performance information to improve student success;
- Setting building instructional goals consistent with identified building needs and District standards of excellence, Framework for Planning, and the BH-BL 21st Century Framework for Learning;
- Reviewing the organization and design of the instructional delivery system and student support services;
- Maintaining a direct relationship with the K-12 Curriculum Committees and the District Staff Development Committee;
- Accepting, reviewing and prioritizing requests for building level summer curriculum projects. Each building council will send a professional representative to a joint meeting with the Assistant Superintendent for Instruction to review all summer curriculum work requests;
- Evaluating student achievement in relation to the identified building goals and the District standards of excellence;
- Developing a long range building plan for achieving building goals and updating it annually;
- Monitoring the progress of the plan;
- Accepting responsibility for presenting the five-year plan to the Board of Education;
- Reporting the results to the school community.
- Professional representatives from elementary school councils to the K-12 Curriculum Committees and to the District Staff Development Committee will be selected from the professional members of the council by the professional members and the principal. District Staff Development Committee representatives at the secondary level will be elected by the professional members of each secondary school in accordance with the Teachers Association Constitution. Because the secondary schools are organized on a departmental basis, secondary K-12 Curriculum Committee representatives need not be school council members.
- Each elementary school council will have a total of 25 days, payable at 1/200th of the annual salary of the professional working, for use in compensating professional members for discharging school council responsibilities on days when school is not in session. Allocation of these days will be determined by the professionals and co-chairs of the councils.
- The Middle School council and the Senior High council will each have a total of 12 days, payable at 1/200th of the annual salary of the professional working, for use in compensating professional members for discharging school council responsibilities on days when school is not in session.
- If it is necessary to hold K-12 Curriculum Committee or District Staff Development Committee meetings during the instructional day, class coverage for council members who represent the council at K-12 Curriculum Committee or Staff Development Committee meetings during the instructional day will be provided consistently by the same qualified substitute whenever possible.
- A maximum of 120 hours of release time per year with substitute coverage will be provided to each school council representative in each elementary building who is responsible for maintaining a direct relationship with the K-12 Curriculum Committees (development, articulation, coordination, implementation and evaluation of a specific curricular area). A maximum of 18 hours may be used in any one month.
- The Teachers Association and the Superintendent of Schools agree that the following areas of the negotiated agreement can only be changed by collective bargaining:
- Professional compensation,
- Grievance procedures,
- Assessment, observation, and dismissal procedures,
- Annual performance review procedures,
- Waivers to other contract provisions may be granted for a period up to two years with a 2/3rds vote of approval by the building faculty and the approval of the Superintendent of Schools and the Teachers Association President. Requests for such waivers shall describe the council shared decision making process, the area of the contract to be waived, the nature of the waiver, and the rationale for seeking the waiver. Waivers may be extended for a period of one year by mutual agreement of the contracting parties.
- With regard to all of Article 17, Section 3, only matters of procedure (e.g. the percent of professional representation on school councils, the membership selection process, agenda publishing, contract waiver provisions, etc.) will be subject to the grievance procedures described in Article 18 of this agreement. Decisions or actions of the school councils may not be grieved.
- No loss of benefit shall result to any professional covered by this agreement because of any waiver of provisions of this contract. Jointly developed contract variations or practices shall not be used as the basis for claims of past practice.
- The parties agree that all decisions resulting in changes in individual school policies and procedures will be evaluated by the parties in terms of their impact on instruction, student learning and the atmosphere of the school for students.
- Various federal programs (Chapter 1, Chapter 2) and state programs (PSEN, CSE) require parental involvement in decision making. These programs are separate from the shared decision making plan described in Article 16, of this agreement and are not bound by the shared decision making process. Conflicts resulting from the interpretation of statute and/or regulations and the decision making of a school building will be referred to the Superintendent of Schools, who will determine the appropriate resolution process (e.g. administrative decision, district committee, Board of Education, etc.) after consultation with the bargaining unit presidents and the PTA Council President.
Section 4: District Communications Council
- The purpose of the Council is to share information and concerns about School Council matters. The Council will meet at least twice during each school year to hear reports from each School Council. Other agenda items will be determined by agreement of the Teachers Association President and the Superintendent of Schools. The agenda will be distributed to each member at least three school days before a meeting.
- The Council will include the co-coordinators of each School Building Council, the Teachers Association President, one parent representative from each school, the District PTA Council President, the President of the Board of Education and the Superintendent of Schools.
- Council meeting dates and times will be determined by mutual agreement between the Teachers Association President and the Superintendent of Schools.
- Council members will serve as Chairperson and Recorder in rotation. The minutes of each meeting will be posted in each building as soon thereafter as possible.
Article 19: Grievance Procedure
- Purpose: It is the desired objective of the parties to encourage the prompt and informal resolution of employee complaints as they arise, and to provide recourse to orderly procedure for the satisfaction of grievances.
- A “grievance” shall mean any claim by a member of the negotiating unit of a violation, misinterpretation or inequitable application of the terms of this agreement, or any policy or administrative regulation of the Board of Education. “Policy” or “Administrative regulation” means those Board-adopted policies or regulations that appear in the Board Policy Book described in Article 10, Section A of this agreement. In addition, other grievances may be pursued according to the “Staff Relations Procedure”. If a grievance under this procedure reaches Level 3 of this procedure, a hearing with the Board of Education will be provided if the grievant so desires.
- “Days” shall mean school days as designated on the current school calendar.
A grievance will first be discussed with the aggrieved person’s principal, with the objective of resolving the matter informally, at which time the aggrieved person may:
1. Discuss the grievance personally, or
2. Request the Association representative to accompany her/him, or
3. Request the Association representative to act in his/her behalf.
If the grievance is not resolved informally, the grievant shall present a written statement of grievance and the relief desired to the building principal.
Failure to present a written statement of grievance within thirty (30) days after the occurrence of the claimed grievable event shall result in a waiver of all rights involved.
Within ten (10) days of the presentation day of the written statement of grievance, the principal shall make a decision and communicate the decision and reasons therefore in writing to the employee presenting the grievance, to the Association and to the Superintendent of Schools.
If the aggrieved employee is not satisfied with the decision arrived at under Level 1, he/she may within ten (10) days file with the Assistant Superintendent for Instruction an appeal in writing on forms supplied by the District requesting the Superintendent to review the matter. Such appeal shall include, among other things, a summary of the grievance as submitted at Level 1, a specification of what section of this agreement, or policy, or regulation has been violated, a statement of why the determination of Level 1 was unsatisfactory, and the relief that the grieving party desires.
The Superintendent or his designee shall meet with the employee and his/her representative (if the employee desires a representative) at a reasonable time and place designated by the Superintendent within six (6) days after the presentation of the appropriate appeal documents to the Assistant Superintendent for Instruction’s office. Such meeting shall be an attempt to resolve the grievance. Either party may record the proceedings for its own use.
Within six (6) days after such a meeting or meetings the Superintendent or his designee shall make a decision in writing, setting forth his reasons for such conclusion. A copy of such decision shall be given to the employee, the Association and the President of the Board of Education.
Only grievances which involve the interpretation of, or application of, or compliance with, specific provisions of this agreement may be pursued beyond Level 2 of this grievance procedure.
If the aggrieved employee is not satisfied with the disposition of his/her grievance at Level 2, and the alleged grievance claims a violation, misinterpretation or inequitable application of the terms of this agreement, he/she may within twenty (20) days file with the Assistant Superintendent for Instruction, an appeal in writing, on forms supplied by the district, requesting his/her grievance be submitted to arbitration. Such request shall include, among other things, a copy of the grievance as submitted at Level 1 and Level 2, a specification of what section of this agreement has been violated, a statement of why the determination on Level 2 was unsatisfactory, and the relief that the grieving party desires.
The Assistant Superintendent for Instruction shall within six (6) days after receipt of the appeal communicate in writing for assistance from the American Arbitration Association. The parties will then be bound by the rules and proceedings of the AAA in the selection of an arbiter and the conduct of the hearing.
The arbiter will have authority to hold hearings and make procedural rules. The aggrieved employee, the Association and the Superintendent and/or his representative shall have standing to be heard at such hearings. Any of the persons having standing, as well as the arbiter, may request a written transcript of such hearings. The arbiter may request and obtain from the various parties all pertinent information not privileged by law, in their possession or control, and which is relevant to the issues raised by the grievance. All hearings held shall be closed sessions and no news release shall be made concerning the progress of the hearings.
The arbiter’s report shall be submitted in writing to the Superintendent, the employee, and the Association, and shall set forth his/her findings of fact, reasoning’s, conclusions and decisions on the issues submitted.
The arbiter shall have no power or authority to make any decisions which require the commission of an act prohibited by law or which grant tenure. The arbiter shall have no power or authority to order the payment of punitive damages. The arbiter’s decision shall be confined solely to the language and terms of this agreement. The decisions of the arbiter within the scope of his/her authority, as defined by this agreement, shall be final and binding upon all parties.
The expenses of the arbitration, including the arbiters fee, his/her expenses, a transcript of the hearings and the stenographic services will be shared equally by the Association Board if the Association signed the appeal to Level 3. If the Association did not sign the appeal to Level 3, the expenses shall be shared equally by the Board and the aggrieved person.
In the event that the President of the Association and the Superintendent mutually agree that resolution of a grievance within the normal time limits in the grievance procedure would be significantly detrimental to the educational process or to the grievant, an emergency grievance may be filed directly with the Superintendent. A hearing on an emergency grievance will be provided within three (3) days.
D. When it is necessary, pursuant to the Grievance Procedure for a building representative, member of the Professional Rights and Responsibilities Committee, or other representative designated by the Association to investigate the grievance or attend a grievance meeting or hearing during the school day, he/she will, upon agreement with his/her principal be released without loss of remuneration in order to participate in the foregoing activities. Any professional whose appearance in such investigations, meetings, or hearings as a witness is necessary will be accorded the same right. The Association agrees such rights will not be abused.
Article 20: Professional Rights & Responsibilities
Section 1 Rights
- With the exception of those items regarding initial employment, a professional shall be notified whenever any written additions to his/her professional folder pertaining to professional performance have been made. The professional will affix his/her signature to these written additions verifying that he/she has read the statement. In the event that such professional does not sign such document within 10 school days following notification, the document shall be placed in the personnel file with a filing date noted. The professional has the right to have his/her response permanently affixed to any written addition.
- A professional’s personnel file shall be open for inspection and/or copying by the individual professional or his/her designated representative at his/her request without the withdrawal of any item from these files as prescribed by law with exception of those items rendered confidential by statute.
- No professional shall suffer any professional disadvantage by reason of his membership in the Association or participation in its activities except as the law requires.
- Involuntary Transfers:
- When a change in a grade level or subject area within the building is necessary, the building principal will confer with the professional who may be affected and the department head, where applicable, to consider such factors as the needs of the pupils, the instructional program, and the professional, and the background, training and district seniority of the professional involved.
- When a transfer from one building to another is necessary, the building principal in the sending school will confer with the professional who may be affected, the department head(s) where applicable, and any principal involved in an inter school transfer to consider such factors as the needs of the pupils, the instructional program ,and the professional, and the background, training, and the district seniority of the professional involved, before recommending to the Superintendent of Schools the transfer to another building. The Superintendent of Schools will have the final authority and responsibility for all inter school professional transfers.
- All professionals transferred from one building to another as a direct result of the opening, reopening, or closing of a building or the transfer of an entire grade level will be interviewed by the Assistant Superintendent for Instruction to ascertain their interests and concerns.
The Assistant Superintendent for Instruction will make recommendations to the Superintendent based upon input from principals, the results of the interviews, seniority, and the best interests of the school district. When the recommendations are made to the Superintendent, they will be released to the professionals involved and the Teachers Association President.
Any professional affected by such recommendations may appeal in writing to the Superintendent within ten (10) days of receipt of the recommendations. The Superintendent will interview all professionals submitting such appeals. Each individual who appeals and the Teachers Association President will be notified regarding the status of such appeals prior to announcement of final determination of transfer.
- Voluntary Transfers:
- Any professional who desires to transfer to another position will have the right to request such a transfer.
- An elementary professional subject to this agreement who wishes to change buildings and/or grade levels and who becomes aware of another professional desiring such change, must apply in writing by February 1 to the Assistant Superintendent for Instruction for such matching transfer. Where there is a “match”, the principal(s) affected and the Assistant Superintendent for Instruction will interview the professionals and review the reasons for the requests. The Assistant Superintendent shall have the authority to approve or deny all such match requests. The Assistant Superintendent will notify the professionals of the outcome, in writing, within five (5) business days of the interview.
- A secondary professional subject to this agreement who wishes to change buildings, grade levels within a tenure area, or subject area taught if qualified and who becomes aware of another professional desiring such change must apply in writing by February 1 to the Assistant Superintendent for Instruction for such matching transfer. The Superintendent of Schools has the final authority and responsibility for all inter school professional transfers. Where there is a “match”, the principal(s) and the department head(s) affected, and the Assistant Superintendent for Instruction will interview the professionals and review the reasons for the requests. The Assistant Superintendent shall have the authority to approve or deny all such match requests. The Assistant Superintendent will notify the professionals of the outcome, in writing, within five (5) business days of the interview.
- Professionals subject to this agreement whose tenure area is K-12 have the same rights delineated in 2 and 3.
- All voluntary transfers arranged by “matching” will be for a period of one academic year only. No position postings will be required for such transfers.
- The two professionals involved in the “match” may apply in writing by February 1 of the “match” year to the Assistant Superintendent for Instruction to continue the match for an additional academic year. The procedures for extending a match for one additional year shall be the same as set forth in subparagraphs 2 and 3 above. The following procedures shall be followed: The building principal will confer with the professional(s) requesting such change, the department head(s) where applicable and any principal involved in an inter school transfer, to consider such factors as the needs of the pupils, the instructional program, and the professional, and the background, training, and district seniority of the professional before recommending to the Superintendent of Schools such requested transfer. The Superintendent of Schools has the final authority for determining such request.
- Unless otherwise informed in writing, in advance, by the Assistant Superintendent for Instruction or the Superintendent of Schools, all members of the bargaining unit will have a reasonable assurance of continued employment following any period during which school is not in session.
- Any elementary school professional required to teach a combination class shall be guaranteed a minimum of two (2) days during the summer for organization and planning. A work day is defined as seven (7) hours exclusive of lunch. No professional will be required to teach a combination class for two consecutive years. The professional, however, may voluntarily elect such an assignment.
Section 2 Responsibilities
- Conference and orientation days are an integral part of the school calendar schedule, and attendance is required for all professional’s subject to this agreement. Unauthorized absence from participation in the total day program will necessitate deduction from the person’s compensation at the rate of 1/200th salary for the total day.
- The building principal will have the prerogative of making assignments within the building to best utilize the background and skill of the staff.
- In the event of unusual or emergency circumstances that in the judgment of the building principal pose a threat to the security of the building or the safety of students and/or professionals, the principal will utilize the staff in a manner that will effectively deal with the unusual circumstances. Such utilization will not require action on the part of personnel that would best be the responsibility of public safety agencies.
- In the interest of providing each student as much continuity of instruction as possible, leaves without pay for vacation purposes during school days will be considered unprofessional.
Article 21: Leaves
Section 1: Leaves of Necessity
- Compensated leave with pay for personal illness, illness in the family and death in the family shall be earned at the rate of two (2) days per month, except that newly employed professionals will begin in September of their first year of employment with ten (10) compensated leave days available and will begin earning two (2) days per month additional days in February of that initial school year. Total earned leave shall not exceed twenty (20) days per school year with unlimited accumulation. The District may request documentation from a physician for leaves of necessity that exceed ten (10) or more consecutive school days.
- The following will be considered family:
- Husband, wife, children, and other members of the employee’s immediate household,
- Father, mother, father-in-law, mother-in-law,
- Sister, brother, sister-in-law, brother-in-law, niece, nephew,
- Grandfather, grandmother, grandfather-in-law, grandmother-in-law,
- A person with whom the employee lived for a period of time as part of the household and to whom the employee looked as a parent-in-fact,
- Aunt, uncle, step-father, step-mother, son-in-law, daughter-in-law.
- In situations where critical illness in the family of an individual occurs more than once during a single year, the Superintendent may grant an additional four (4) days non-accumulative to that individual. Any additional time granted will be charged to the professional’s accumulated sick leave. Professionals may use up to five (5) days of their necessity leave for each death in the family, not to exceed a total of twenty (20) days of their necessity leave in any single year. In situations that may require more than five (5) days leave per death, or more than twenty (20) days in any single school year, the Superintendent may grant additional non-accumulative leave time to that individual. Any additional time granted will be charged to the professional’s accumulated sick leave.
- According to New York State law, staff are allowed to take up to a total of four (4) hours per year for blood donations, mammograms, or prostate cancer screenings without being charged sick time.
- In any one year a maximum of three (3) days in addition to those described in Section 1A may be used for personal business which cannot be transacted outside regular school hours. For example, personal business days cannot be used to extend a vacation, for shopping, or personal or entertaining visiting relatives or friends. Absence from one’s school assignment to work in another compensated situation is not acceptable use of personal business days. Professionals must use personal business days (Section 1) for personal legal business. The use of a personal business day in any of the following circumstances will require a 12-hour advance notification to the Assistant Superintendent for Instruction or a central administration designee: a conference day or half-day; an orientation day; the day before or after a holiday, vacation, or recess; and the day, or days, immediately preceding a leave of absence, resignation, or retirement. In situations that require more than three (3) personal business days in any single school year, the Superintendent or his/her designee may grant or deny additional leave time to that individual. Any additional time granted will be charged to the professional’s accumulated sick leave. The professional is responsible for keeping a record of personal day usage. Using more than three personal days in a given year without permission of the Superintendent or designee will result in a pay deduction. All unused personal business days may be accumulated without limitation and added to the professional’s accumulated unused sick leave.
- Sick Leave Bank
- The purpose of the sick leave bank is to provide sick leave for those participating members who have a prolonged, catastrophic or long term illness and/or injury and who have exhausted all their available personal sick leave. This benefit would not be available in a worker’s compensation injury matter.
- Effective July 1, 2002 all full time and part time (.5 time or more) professionals, except those filling a leave position and those already enrolled shall contribute two (2) days on the effective date of employment. Such days become permanently part of the sick leave bank and cannot be withdrawn.
- Future contributions will be required when the number of days in the bank is diminished to a number that equals the number of professional employees covered by this agreement. At that time, the Sick Leave Bank Committee will determine the rate of additional contributions not to exceed two (2) days per participant per year.
- Eligibility to draw from the sick leave bank shall be limited to those participating members who:a. Have exhausted their own personal sick leave. (b.) Provide medical evidence of prolonged, catastrophic, or long term illness or injury acceptable to the Sick Leave Bank Committee. (c.) Make application to the Sick Leave Bank Committee on the appropriate form.
- The Sick Leave Bank Committee shall be composed of the President of the Professionals Association, or his/her designee, and the Superintendent of Schools, or his/her designee. The Committee may grant up to 30 sick leave days per application. All decisions to accept or reject an application shall be non-grievable.
- If agreement on a grant is not achieved by the committee of two, or an applicant is dissatisfied with the decision of the Sick Leave Bank Committee, an appeal can be made by the applicant to a review board composed of two members appointed by the Superintendent of Schools, two members appointed by the President of the Teachers Association, and one additional member acceptable to both the Superintendent and the Teachers Association President. The decision of the review board shall be final, binding, and non-grievable.
- The maximum number of days available to each participant who meets the criteria in Section 5 is limited to 360 days.
- The District will contribute one sick leave day per member joining the sick leave bank. This day will be added to the bank at the time of the member’s initial contribution.
- Workers’ Compensation
- Whenever a school employee is absent from his/her employment and unable to perform his/her duties as a result of personal injury occurring in the course of his/her employment and receives Workers’ Compensation payments for such absences, he/she will be paid the difference between the award and the employee’s salary for a period up to a maximum of 12 calendar months of the person’s disability.
- In any absentee situation under consideration by Workers’ Compensation, a person’s sick leave bank will be charged, pending determination by the Compensation Board. If the person’s disability is approved for compensation, sick days will be restored according to the following formula: Total Workers’ Compensation Benefits divided by Average Daily Pay Rate = Sick Leave Days to be reimbursed.
- A person approved for Workers’ Compensation award will be permitted to participate in the Health, Dental and Prescription program on the normal shared basis with the District (80/20 Family, 90/10 Individual) up to a maximum of 12 calendar months from the beginning date of the award. If an individual continues on Workers’ Compensation beyond 12 calendar months, the health insurance premium will be shared 50/50 during the remaining time of the award.
Section 2: Leave for Professional Growth
Leave for professional growth during the summer for any professional who must leave the district prior to normal school closing to engage in such activity may be granted with the approval of the Superintendent of Schools. Requests for leave must be accompanied by explanation of why early dismissal is considered necessary and of value to the school district.
Section 3: Leave for Professional Involvement
A leave will be granted without pay to any officer of a professional association. Such leave will be used to enable that professional to discharge the duties and obligations of the office. Such leave may not exceed two (2) years. Upon return to the district, the professional will be advanced to the proper level and receive all level credits as though he/she had been continuously employed by the district.
Section 4: Leave for Legal Matters
- Temporary leaves with full pay will be granted to professionals when attendance is required at PERB hearings, court hearings, legislative hearings and other non-compensated legal processes providing such requirement is not the result of violation of Section 210 of the Civil Service Law. Professionals must use personal business days (Section 1) for personal legal business.
- Should a member of the professional staff be summoned for jury duty, the school district will continue to pay the professional’s salary.
Section 5: Sabbatical Leave of Absence
- All permanently certified and full-time professional personnel who have served five (5) consecutive years in the Burnt Hills-Ballston Lake School System directly prior to the application for sabbatical leave may, upon the recommendation of the Superintendent of Schools and approval of the Board of Education, be granted a sabbatical leave for study, or other purposes, benefiting the school system and contributing to the professional growth of the recipient in the capacity in which he/she is employed.
- A sabbatical may be granted for a full year or a half year. Compensation will be granted at the rate of half-pay for a full-year leave or quarter-pay for a half-year. Payment to recipients will be pro-rated and will follow the regular payroll schedule during the leave of absence. Payments will be based upon the salary level the person would have been on during the leave for a regular professional assignment. When, as a result of the leave, any other additional compensation is received during the leave and the combination of such compensation and the sabbatical pay exceeds the regular professional salary the recipient would have received under normal employment that year, the sabbatical pay will be adjusted to that amount which represents the total of the regular professional salary for that year. Hours of college credit earned while on sabbatical leave will be credited for pay purposes in the same manner as college credit in the pay schedule.
- Application for sabbatical leave should be submitted to the Superintendent’s office not later than March 1st preceding the year of the leave. The standard application form should be used and complete explanation provided on the application form concerning the following questions:
- Purpose of request,
- Activities anticipated,
- Professional benefits to applicant,
- Educational benefits to the school district,
- Anticipated compensation beyond the sabbatical pay allowance. An interview may be requested to provide further information concerning the request.
- Grants may be restricted in number per school (elementary) or curriculum area (secondary) as necessary in the judgment of the Superintendent.
- Any professional who is granted a sabbatical leave under this section shall be required to sign, prior to beginning the sabbatical leave, an agreement with the school district indicating the professional’s intention to return to the District for two complete school years of employment following the termination of the sabbatical leave. This agreement will indicate further that in the event the professional does not complete two full years of school employment, the professional will reimburse the District the amount of the sabbatical leave payments, pro-rated for any fractional part of the two school years which the professional fails to complete. Payments under this agreement will begin no later than the 15th day of the third month following notification to the school district that the professional will not return for employment, or the 15th day of the third month following the professional’s termination of employment with the school district within the required two-year period. The two-year obligation of this provision must be consecutive years, and all monies due the District by the professional must be repaid no later than five calendar years following the commencement of the repayment period. Payments made under this agreement will be no less than the total amount of the monies owed the District divided by 60 months. However, the professional shall have the right to make repayments over a shorter period of time. Monies repaid pursuant to this provision shall bear no interest, and shall represent the repayment of principal only.
Section 6: Leave for Anticipated Long-Term Disability
When a professional anticipates a disability absence from his/her work responsibilities for a period of at least four (4) consecutive weeks, he/she may elect to use his/her accumulated personal illness days with pay and he/she may choose to request a leave of absence without pay for up to a total of two (2) years.
If a professional chooses a disability leave of absence without pay, notice must be given to the Personnel Office before the leave is to begin. In those situations, where the disability is anticipated, the professional shall provide the District with a physician’s statement confirming the nature and extent of the disability. This notification shall be provided on District forms at least ten (10) weeks prior to the commencement of the disability leave of absence, when possible. On a regular basis, the professional shall provide statements on district forms signed by the physician regarding the anticipated disability. Prior to the commencement of the disability leave, the professional’s physician must submit a district form indicating the starting date of the leave.
Beginning on the first day of the leave, personal illness days may be used by the professional during the disability period. Additional statements during the term of the disability may be requested by the District. These statements, signed by the professional’s physician on District forms, shall be submitted by the professional within ten (10) calendar days of the request.
Section 7: Leave for Family Care
Family care leave is defined as the time needed to care for a member of the immediate family. A professional may be granted a leave of absence for family care for a period of up to two years without pay. For probationary employees, the period of leave shall be an interruption of the probationary period. When possible, a leave request or extension must be presented at least thirty (30) days before the beginning of the requested leave or extension and must indicate an ending date. Extension of a leave may be granted once during the academic year with prior approval of the Superintendent or designee.
Section 8: Family and Medical Leave Act
A professional requesting a leave will be entitled to all provisions of the Family and Medical Leave Act of 1993.
Section 9: Leave for Rest, Travel or Other Work
The Board of Education upon the recommendation of the Superintendent of Schools may grant leaves of absence without pay for up to two years for rest, travel or for work in another area either inside or outside education. Such leave of absence may be considered only when such leave is recommended as in the best interests of the school district by the Superintendent of Schools.
A leave request must be presented at least thirty (30) days before the beginning of the requested leave and must indicate a termination date. The latest return date shall be no later than the beginning of the semester following the anniversary date of the leave.
Section 10: Leave Notifications
- The decision regarding a leave request will be communicated to the professional by the Assistant Superintendent for Instruction within seven (7) calendar days of the decision and/or School Board action.
- Professionals scheduled to return from leave at the beginning of the school year must notify the Personnel Office in writing by April 1 preceding the September return date concerning their intention to return. Professionals scheduled to return at the beginning of the second semester, if return during the school year has been approved, must notify the Personnel Office in writing by November 15 preceding the return date concerning their intention to return.
Section 11: Leave for Military Service
Military leave of absence will be granted upon presentation of military orders for active duty and a written request from the employee stating dates of required military service.
The BH-BL Board supports the responsibility of its employees to respond to military obligations. The Board of Education will provide the following salary and benefits to employees called up for active duty upon presentation of military orders to the Human Resource Office.
Medical Benefits: After 30 days, the district will not provide medical coverage, but will reimburse employee for military sponsored family insurance coverage, if needed, up to the amount negotiated for employer contribution to district family coverage for a period up to 150 days, unless additional days are authorized by the Board of Education. The employee must provide documentation indicating cost for family coverage.
Salary: Following 30 days or 22 work days of full salary per calendar year the district will pay the difference between the normal district salary and the military pay for a period up to 150 days, unless additional days are authorized by the Board of Education. The employee must provide documentation of military compensation.
Seniority: Staff member will continue to accrue seniority time during active duty.
Pay level: Staff member will move to the same salary level upon return as if she/he had been providing district service during activity duty.
Tenure: The time he/she is absent on military duty shall be credited as satisfactory service during such probationary period. If the end of such probationary service occurs while a professional is on military duty or within one year following the termination of such military duty, the period of such probationary service may be extended by the local board of education for a period not to exceed one year from the date of termination of such military duty.
Section 12: Transportation for a Disabled Professional
The District may provide transportation to and from a disabled professional’s residence to the school building where such professional is employed. Eligibility for such transportation shall be limited to those professionals residing in the district, who are restricted to a wheelchair, who are unable to drive a motor vehicle due to physical incapacity and who are unable to be transferred into and out of the wheelchair without assistance.
Article 22: Professional Compensation
Section 1: Salary Schedule
For the purposes of placement on the salary schedule for 2017-2018:
- Those unit members at Level 20 in the 2013-2014 school year will be placed on Level 24 of the salary schedule.
- Those unit members at Level 20 in the 2014-2015 school year will be placed on Level 23 of the salary schedule.
- Those unit members at Level 20 in the 2015-2016 school year will be placed on Level 22 of the salary schedule.
- Those unit members at Level 20 in the 2016-2017 school year will be placed on Level 21 of the salary schedule.
For the purposes of placement on the salary schedule for 2018-2019:
- All unit members at steps one to five in the 2017-2018 school year will be placed on Level O-6 of the salary schedule.
- All unit members employed by the district prior to July 1, 2018 will follow the O-steps as they progress through the salary schedule.
- All unit members hired after July 1, 2018 will follow the N-steps as they progress through the salary schedule.
A. Longevity Allowance
A longevity allowance will be granted at the end of the 20th, 25th and 30th years of service for service as full-time probationary, part-time and full year leave professionals in the teachers’ bargaining unit to the District by July 1 as follows:
After the 20th year of service, the professional receives $1000 for years 21, 22, 23, 24, and 25. After the 25th year, the professional receives a total of $3000 annually for years 26, 27, 28, 29, and 30. After the 30th year, the professional receives a total of $5000 annually for each subsequent year of service. Unpaid leave or other unpaid interruption of service shall not be used to accumulate service credit for longevity.
Professionals who have breaks in service due to termination, resignation or retirement will not receive credit for prior service. Part-time professionals will be paid on a prorated basis if they are part-time professionals during the time of longevity payments.
B. At the time of initial employment by the District, placement of professionals on the salary schedule will be determined by the Board of Education upon the recommendation of the Superintendent of Schools.
Section 2: Salary Differentials
- District Department Heads $2958
- Elementary Curriculum Committee Reps $1530
- Secondary Department Representative $1734
- Mentor $612
- Staff Development Representative $816
- Building Technology Coordinator $3000
Effective July 1, 1996, pay differentials for Guidance Counselors, Work Study Coordinator and Social Worker positions are abolished. Persons serving in these positions as of July 1, 1996 will continue to receive the differential amount they received in 1995-96 as long as they continue in service in the district.
Effective July 1, 1993, pay differentials for the speech, occupational and physical therapist positions are abolished. Persons serving in these positions as of July 1, 1993, will continue to receive the differential amount they received in 1992-93 as long as they continue in service in the district.
B. All of the above listed professionals who perform extra work beyond the regular professional calendar as defined in Article 8, Section 2 A, will be compensated at the daily rate of 1/200th of their annual salary.
C. Department heads will be guaranteed one supervisory period per day.
D. Responsibility for a decision to create, maintain, or abolish a department head position rests exclusively with the Board of Education. In the event that any District Department Head position compensated under this negotiated agreement becomes vacant during the ten-month school year and it is the decision of the Board of Education to fill the vacancy, a person within the department will be asked within thirty (30) days of the beginning of the vacancy to temporarily assume the supervision responsibilities until the position is filled permanently and will be paid on a pro-rata basis (1/200th of the first level of the District Department Head position compensated under this negotiated agreement responsibility compensation) for each day worked.
If any District Department Head Position compensated under this negotiated agreement is incapacitated in excess of thirty (30) school days during the ten-month school year, the same procedure would be followed to fill the vacancy temporarily during the regular head’s continued absence.
E. Elementary Curriculum Committee Representatives, Secondary Department Representatives, Staff Development Representatives, and District Department Heads:
- Elementary Curriculum Committee Representatives shall receive an annual pay differential of $1530.
- Secondary Department Representatives shall receive an annual pay differential of $1734. In addition, they will have a maximum of four class assignments and compensation for ten (10) days of summer work at the daily rate of 1/200th of their annual salary. The High School Science Department Representative will have a maximum of three class assignments and compensation for ten (10) days of summer work at the daily rate of 1/200th of their annual salary.
- One professional per elementary school and two middle school and two high school professionals representing their buildings on the District Staff Development Committee will be compensated $816 annually. In addition, a maximum of four days per building of release time with substitute coverage will be provided. Staff Development Representatives, asked to work during the summer, will be compensated at the daily rate of 1/200th of their annual salary for each day of work.
Mentors for new professionals will be required to work 1 1/2 days during the summer prior to service and receive a daily rate of 1/200th of their professional salary.
Section 3: Psychologists Salary Schedule
Effective July 1, 1996, the separate Psychologist Salary Schedule is abolished. Persons serving in these positions as of July 1, 1996, will continue to receive the $940 differential they received in 1995-96 as long as they continue in service in the district.
Section 4: Coaching Salaries
A. Coaching salaries are based on a point system that takes into account the responsibilities of each coaching position in relation to all other coaching positions. Underlying the point system is the premise that all sports are of equal value to the district, and coaching compensation should be based on the following responsibility factors: time, number of participants, equipment, safety, coordination of coaches, pressure, scouting, and management tasks.
B. Whenever a vacant coaching position is to be filled, notification will be sent to all professionals via District e-mail. The salary of each varsity coaching position is determined by multiplying the point value of each position times the following step schedule:
C. The salary of each varsity assistant coaching position is determined by multiplying the point value of each varsity position times the coaching step schedule times 80%.
D. The salary of each junior varsity coaching position is determined by multiplying the point value of each varsity position times the coaching step schedule times 80%.
E. The salary of each junior varsity assistant coaching position is determined by multiplying the point value of each varsity position times the coaching step schedule times 75%.
F. The salary of each ninth grade coaching position is determined by multiplying the point value of each varsity position times the coaching step schedule times 75%. The salary of each seventh and eighth grade modified coaching position is determined by multiplying the point value of each varsity position times the coaching step schedule times 70%.
G. The salary of each seventh, eighth and ninth grade modified assistant coaching position is determined by multiplying the point value of each varsity position times the coaching step schedule times 70%.
H. Each step corresponds to one year of coaching service at BH-BL. Initial placement on the coach’s salary schedule may at the District’s discretion give credit for prior coaching experience.
I. All authorized compensation listed above will be paid to the coach twice during the season, one-half at the pay period closest to the middle of the season and the remaining half at the pay period closest to the end of the season. Payment must be included with one or more paychecks. If a coach qualifies for post sectional compensation as defined in paragraph N of this section, such compensation will be paid following the conclusion of the post sectional competition. All responsibilities and obligations relating to the coaching assignment must be completed by the end of the season. A schedule of the pay dates will be provided to the Association President, Chief Negotiator and to the coaching staff at the pre-season meeting with the athletic director.
J. Responsibility factor points will be reevaluated in terms of actual time and responsibility involved if two or more coaching positions are filled simultaneously by one person. In such cases the individual coach and the district department chairman will develop mutually a revised responsibility factor point value and will submit the revision to the Superintendent before the combined appointment is approved. A copy will be submitted to the President of the Association.
K. Coaching Point Values – See Appendix C
L. Coaches of interscholastic athletic teams will be notified in writing no later than sixty (60) days prior to the third anniversary date of their coaching assignment if their services are to be discontinued. After that date they may not be removed from the position without a written statement of reasons which are relevant to the specific assignment. Third anniversary date is defined as three calendar years from the official date of approval by the Board of Education.
M. If there are no qualified, professional applicants for any coaching position compensated under the terms of this negotiated agreement within thirty (30) days of the commencement of practice for the sports season, the District may assign any physical education professional employed by the school district to fill the coaching vacancy providing the professional is not assigned to coach at least two other sports during the school year. In case of hardship, a physical education professional may request to be excused from being assigned to fill a vacancy. Such a request shall be in writing to both the Superintendent of Schools and the Teachers Association President who will jointly decide whether or not to grant the request. This provision shall not apply to crew and ice hockey due to the unique nature of these assignments. No professional will be assigned involuntarily to a compensated coaching position in two consecutive years.
N. In the event a team or individual qualifies for post-sectional competition, the varsity coach(es) of that team shall be compensated for post sectional time according to the following formula: The number of weeks (or fractional part thereof) of continuing post sectional coaching responsibility multiplied by 1/20th of the regular seasonal coaching salary.
Section 5: Extra-Curricular Compensation
- Compensation for extracurricular activities takes into account the nature of the activity, the number of students involved, preparation time, actual time involved in the activity, budget preparation, equipment management, and safety considerations.
- Payment for extra-curricular activities will be added to the annual salary and paid as part of the regular biweekly paycheck for year-long assignments or pro-rated over the pay periods involved in shorter assignments and added to the biweekly paycheck during the period of assignment. Payment for supervision work will be made as part of the regular biweekly paycheck by the second pay period following the submission of an approved pay claim. Supervision pay rates will not be paid for work that is essentially clerical in nature (i.e. ticket sellers or collectors) nor will professionals be required to perform clerical functions related to extra-curricular activities if they do not choose to work in a clerical capacity.
- Appointment to extra-curricular assignments will be recommended to the Superintendent by the building principal by June 1 preceding the school year of the assignment. If there is no qualified professional applicant for any extra-curricular activity prior to the June 1 date, the building principal may appoint any member of the professional staff to the extra-curricular assignment providing the professional has no other compensated extra-curricular responsibility during the school year. No professional will be assigned involuntarily to a compensated extra-curricular activity in two consecutive school years.
Section 6: Summer Curriculum Work
Summer curriculum work will be compensated at the rate of 1/200th of the first level of the bachelor’s salary schedule.
Section 7: Other Salary Provisions
- Additional annual salary over the base for professionals with baccalaureate degrees will be granted at the rate of $22.50 per approved hour up to a limit of 70 hours. Beyond 70 hours, $10 per approved credit hour will be granted to all professionals for each such credit hour earned. For all hours earned on or after July 1, 1996 by professionals while employed in the district, the rate will be $35 per approved credit hour. In lieu of per credit hour compensation, the professional may opt for tuition reimbursement at the current SUNY Albany graduate (non-MBA) program rate. Reimbursement shall be paid upon the successful completion of the course as verified through semester grade reports.
- The Basic Baccalaureate Schedule will be augmented by an additional $1400 for a Master’s Degree, $250 more for the University Certificate for a total of $1650, and $500 more for a Doctorate Degree for a total of $2150. Professionals with National Board Certification will receive $2000 for each year at Burnt Hills during the period of certification. Professionals maintaining the American Speech and Hearing Association Certificate of Clinical Competence shall receive $250 per year. Professionals required to hold credentials in order to provide Medicaid reimbursement for the district shall receive $250 per year. Effective July 1, 2020 the Master’s Degree stipend shall increase to $1500.
- If semester grade reports of graduate credit are not received in the Human Resources Office on or before October 15, additional compensation will not begin until the pay date most closely following February 1.
- If semester grade reports of graduate credit are not received in the Human Resources Office on or before March 15, additional compensation will not begin until the first pay date in September.
- Credits for which semester grade reports are received from September 1 to October 15 will be retroactively compensated to the beginning of school in September. Credits for which semester grade reports are received between February 1 and March 15 will be retroactively compensated at half annual rate to February 1. Where semester grade reports cannot be obtained to meet the deadlines, the Human Resources Office should be notified by the deadline dates (October 15 and March 15) if the person is to receive salary credit as specified above.
- Prior approval by the Superintendent is required for compensated credits except credits in a degree program at an accredited college or university for the purpose of meeting certification requirements for a professional’s assignment. Prior approval by the Superintendent is required if compensation for university credits for certification in a new subject area is to be paid. To receive approval, the new subject area must be one that gives promise of making the professional of increased value to the district. Those professionals who have applied for prior approval for compensated credits will be notified in writing within twenty (20) school days as to the outcome of their request. Compensated credits may be earned as follows:
- 1. Undergraduate and graduate courses offered by an accredited institution of higher learning;
- Local and regional courses with 900 minutes of instructional time per credit;
- College workshops and mini-courses with 900 minutes of instructional time per credit;
- Effective July 1, 1996, professionals who supervise a student professional and/or an intern will receive one (1) credit for each supervisory experience. Professionals must request payment for supervision of student professionals and interns upon completion of the supervisory experience on a form provided by the District.
- Continuous movement along the salary schedule shall be dependent upon meeting NYS certification requirements as follows:
- All professionals represented by the bargaining unit must receive permanent certification within the time specified by the State Education Department. By April 1 of each school year the district will provide professionals certified after Feb. 2004 with a form to record all staff development activities completed during that year. The professional will submit that form to the Human Resources Office by the end of that year;
- Professionals represented by the bargaining unit who are appointed to a position and who are uncertified for that position must acquire at least six (6) hours per year toward meeting the certification deficiency. For uncertified people appointed to a position at the beginning of the school year or prior to January 1 of that school year, the one-year period would be from September 1 of the year of appointment to September 1 of the following year. For uncertified people appointed to a position after January 1 of the school year, the one-year period would be from February 1 of that school year to February 1 of the subsequent year;
- Persons not meeting these contingencies (1 and 2 above) will be held on level until such deficiencies are met. It should be understood that a person who is neither professionally nor permanently certified in his/her assigned teaching area may be subject to dismissal in compliance with the procedures established by the Education Law;
- Professionals retained on a previous year’s level placement but at the current salary schedule for that level will be given regular level placement on the current salary schedule upon meeting deficiencies stated in this section. Such placement will begin on the day following receipt of verification of meeting the above requirements and shall not be retroactive.
- Effective July 1, 2005 professionals who are employed 3 months or more of the school year will advance one level on the salary schedule.
Section 8: Payroll Preparation
- Professionals will be paid on a biweekly basis. A partial pay of 50% of the professional’s biweekly salary will be made on the Friday following the first day all professionals are required to report for work provided that Friday is not a regularly scheduled pay day. The district shall not prepay professionals. All professionals will be paid on a ten-month schedule unless they elect the option of a 12-month basis with the balance due included in the last check in June. The balance due will be taxed as though it were paid over the two-month period of July and August in accordance with the provisions of IRS ruling No. 65-231. All summer work shall be paid by submitting a vendor claim to the District.
- All payroll deductions will be transmitted to the appropriate agencies within two (2) business days of payroll.
- Flexible Benefits Plan:
- The District will offer a flexible benefits plan as permitted by Section 125 of the Internal Revenue Code. Specific provisions and limitations are set forth in a document entitled, “Flexible Benefit Plan of the Burnt Hills-Ballston Lake School District.”
- The plan will permit salary deductions for the employee share of health insurance costs prior to taking deductions for FICA and state and federal income tax.
- The Plan will permit salary deductions for dependent care. The minimum amount of annual dependent care benefits that may be contributed is $1000 with a maximum of $5000.
- The plan will permit salary deductions for unreimbursed medical costs according to federal law and regulations, effective July 1, 2009.
- The District shall make deductions for NYSUT member benefits and NYSUT VOTE/COPE contributions from paychecks of bargaining unit members who authorize such deductions.
Section 9: Property Insurance
Professionals will be reimbursed by the district in the amount of the current replacement value for the school related loss of personal property resulting from theft, fire or vandalism if the following conditions are met:
- Prior approval for the use of the personal property is granted by the building principal on forms provided by the district.
- The personal property is needed for instructional purposes.
- The replacement value of the personal property exceeds $25 and is so indicated on the prior approval form.
- Appropriate security measures are agreed upon by the professional and the principal and the professional complies with this agreement.
- There is physical evidence of forcible entry or vandalism if property is stolen or damaged.
- Other personal property will be replaced at its functional value in the event of loss suffered in discharging professional disciplinary responsibilities in direct contact with students. Functional value replacement of an item of property is defined as providing a replacement that performs the same function at a similar quality level and not necessarily replacement in terms of the same item cost.
Section 10: Health and Dental Insurance
A. The School District will provide the following health coverage: the CDPHP EPO (UBI:EA9Z17), the Blue Shield 815 PPO and the Blue Shield 907 Plan.
The School District will provide the following dental coverage: the Delta Dental plan. Benefit levels for both Health and Dental plans shall be maintained at the July 1, 2017 level unless otherwise negotiated by the parties.
The School District’s contribution toward a member’s premium for both health and dental coverage will be:
- Single Membership = 90%
- Two-Person Membership = 80%
- Family Membership = 80%
- Retiree Membership = 50%
Effective July 1, 2018, the District’s contribution towards the Blue Shield 907 Plan shall be equivalent to its contribution to the Blue Shield 815 Plan. In the event an employee wishes to maintain coverage with the Blue Shield 907 Plan, the employee will be responsible for the full difference between the premium of the Blue Shield 907 Plan and the district’s contribution to the Blue Shield 815 Plan.
All professionals hired prior to July 1, 2005, will be eligible for retirement insurance.
All professionals hired between July 1, 2005 and June 30, 2008 and who have completed eight (8) years of service in the District will be eligible for retirement insurance.
All professionals hired on or after July 1, 2008 and who have completed 10 years of service in the District will be eligible for retirement insurance.
Professionals hired on or after January 1, 2015 will be eligible for health insurance only if their assignment is at or above .75 FTE. Professionals assigned to part-time or full-time positions with the district prior to January 1, 2015 with a .5 or greater part-time teaching assignment shall retain their eligibility for health insurance if their assignment remains at or above .5 FTE.
B. An insurance committee composed of representatives from each bargaining unit proportional to the number of individuals represented by each bargaining unit and co-chaired by the Superintendent, or designee, and the Teachers Association President, or designee, will act in an advisory capacity to the Superintendent and Board of Education on insurance related matters.
C. Health Insurance Buyout
a. Effective January 1, 2015 professionals that are eligible for Health Insurance (except leave of absence replacements that are less that a full school year) who submit satisfactory proof of alternate health insurance coverage, shall have the option of withdrawing from the District’s health insurance plan. Such professional shall execute any District documents required to effect such withdrawal.
b. Requests to opt out of the district’s health insurance plans must be processed by July 1. The district shall receive notification 30 days in advance of these dates. Professionals with the intent to opt out of the district’s health insurance program must indicate so using the appropriate District form.
c. If professionals who are eligible for health insurance opt out according to this provision, the District shall pay to such professional, $2500 per year if covered by insurance other than that provided by the district and $500 per year if insurance is carried by another district employee. The employee must provide proof of alternate coverage. Payment will be made on June 30th. Payment will be prorated for the year should an employee resign from their position or if such election to opt out of the district’s health insurance program became effective after July 1st of a given school year. This provision shall sunset on June 30, 2021.
For the 2017-2018 school year, should five (5) or more employees that currently receive health insurance from the district forego their district health insurance by January 31, 2018, the District shall pay to professionals, $1250 if covered by insurance other than that provided by the district and $250 if insurance is carried by another district employee.
d. In the event a professional who has elected withdrawal leaves District employment or reenters the plan following a qualifying event before June 30th of any school year, the District will pay a pro-rata portion of the amount specified in letter D (c) of this section on June 30th. A qualifying event will be defined in the same way as it is for COBRA eligibility.
e. A professional hired after the start of a school year and choosing to opt out of the District’s health insurance plans will receive a pro-rata portion of the amount specified in letter D (c) of this section on June 30th.
f. During any open enrollment, a member who previously elected to participate in the health insurance buyout may opt in to the district’s insurance.
D. For those professionals who retire and meet the qualifications of Section 10A, unused sick leave will be used to establish an account in an amount equal to $62.50 per day. However, effective July 1, 2017 unused sick leave will be used to establish an account in an amount equal to $80 per day provided the professional has 250 days or more. This account will be used by the District to pay the difference between the retired employee’s total insurance premium and the percentage of premium paid by the District for the retiree’s health insurance. These monies will continue to be used for health insurance premiums until they are completely expended. The effective retirement date will be used for determining the total number of accumulated unused sick leave days.
E. Returned premium, that is, the amount returned to the district by the carrier in periods of low losses, if any, will be reported to the Insurance Committee which will recommend disposition which may include premium reduction, purchase of added benefits or reserve for premium increases.
F. In the event of the death of a current or retired employee, all funds credited to the current or retired employee’s account will be applied toward the purchase of health insurance for the surviving spouse and/or eligible dependent(s) of said employee choosing to remain in the program. In the event of the death of a current or retired employee without a surviving spouse and/or eligible dependent(s), unexpended monies will be retained by the District.
G. Eligibility for the health insurance benefit described by this article will be subject to the terms and conditions of Board Policy P4360 (EMPLOYEE GROUP INSURANCE) reviewed and renumbered from Policy 4145 of September 1992 and revised July 1993.
H. The District and retiring employees will be subject to any and all applicable Federal and New York State tax laws affecting this provision.
Section 11: Retirement
For the 2017-18 school year, professionals who notify the District in writing by March 1st of their intent to retire at the end of the school year, will receive an additional $2500.
Effective July 1, 2018, the retirement payment shall be $3500 for professionals who notify the District in writing by February 1st of their irrevocable intent to retire at the end of the school year. Professionals who fail to provide notice by February 1st shall not be eligible for any retirement payment.
Article 23: Assessment, Observation, Discipline & Dismissal
Section 1: Assessment and Observation
- Assessment of a professional’s performance is the responsibility of the principal who will collaborate with those who have supervisory responsibilities. All observations of the work or the performance of a professional shall be conducted openly and with full knowledge of the professional.
- The principal or supervisor has the prerogative of implementing the assessment process at any time. The process includes annual performance reviews as prescribed in Policy #4117 forms as adopted in April 1988 and revised May 2001. It should be understood that Policy #4117 does not limit the assessment process to the criteria on the forms described therein. Principals or others with supervisory responsibility may include other communications with professionals in the assessment process.
- All classroom observations of professionals relating to performance review conducted by administrators/supervisors will be conducted openly and with the full knowledge of the professional. These classroom observations will occur prior to June 1 unless a later date is agreed to by the professional. No observations will occur during the last two days before a vacation period of a week or more.
- Professionals will be provided with a conference within five (5) school days following each formal observation. Copies of all documents pertaining to the observation and conference will be provided the professional. In situations where there is mutual agreement, these limits may be waived.
- Any written addition to a professional’s folder pertaining to professional performance or responsibilities, but excluding those items regarding the initial employment of the professional, will be done with prior knowledge of the professional. The professional has the right to have his/her response permanently affixed to any written addition. In the event that such professional does not sign such document within 10 school days following notification, the document shall be placed in the personnel file with a filing date noted. The professional will sign such a written addition to indicate he/she has read the addition. A signature does not imply agreement with the statement.
Section 2: Dismissal
- Dismissal of a tenured professional except where due to the abolition of a position by the Board of Education shall be as per applicable provisions of the Education Law and other statutes, case law and/or Commissioner’s decisions.
- A probationary professional will be informed by the Superintendent if he/she will not be recommended for tenure no later than 150 days prior to the termination date of the probationary period. Termination date is defined as the anniversary date of the probationary period for the number of years specified by law.
- The Board of Education, at the request of the professional, will give a reason or reasons for not granting tenure to a probationary professional when the Superintendent has recommended a tenure appointment. Such request must be made no later than ten (10) school days following the date of notification. A response to the request will be provided within twenty (20) school days of the notification date. It shall be considered discriminatory practice to dismiss a professional for engaging in legal activities.
Section 3: Licensed Professionals
Professionals covered by this contract and not subject to tenure laws will be granted job protection as provided in Section 75 of the Civil Service Law.
Article 24: Memoranda of Procedural Agreements
- Upon the request by either party for a meeting to open negotiations, a mutually acceptable date shall be set not more than 15 days following such a request. In any school year such request shall be made no later than January 1 of the year in which the contract expires. All items proposed for discussion that would become effective in the next school year shall be submitted in writing by the representative organization and the employer at the first meeting.
- Such additional meetings as are required to reach agreement or until impasse is reached shall be called at times mutually agreed upon by both parties. The meetings should not exceed three hours unless mutually agreed upon by both parties and shall be held at a mutually agreeable time.
- Both parties and/or the Superintendent shall furnish each other upon request all available information pertinent to the issues under consideration. Either party may, if is so desires, utilize the services of outside consultants, professional personnel or lay representatives at negotiation meetings. Such people will have some function relevant to the topics under discussion. The negotiations at such meetings will be conducted by the designated spokesman for both sides. Such supportive personnel may be used so long as the other party to negotiations has been notified at least 24 hours prior to the meeting(s) at which such persons are present.
Article 25: Civil Service Law
ANY WRITTEN AGREEMENT BETWEEN A PUBLIC EMPLOYEE ORGANIZATION DETERMINING THE TERMS AND CONDITIONS OF EMPLOYMENT OF PUBLIC EMPLOYEES.
SHALL CONTAIN THE FOLLOWING NOTICE IN TYPE NOT SMALLER THAN THE LARGEST TYPE USED ELSEWHERE IN SUCH AGREEMENT.
“IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL” EVERY EMPLOYEE ORGANIZATION SUBMITTING SUCH A WRITTEN AGREEMENT TO ITS MEMBERS FOR RATIFICATION SHALL PUBLISH SUCH NOTICE, INCLUDE SUCH NOTICE IN THE DOCUMENTS ACCOMPANYING SUCH SUBMISSION, AND SHALL READ IT ALOUD AT ANY MEMBERSHIP MEETING CALLED TO CONSIDER SUCH RATIFICATION.
Article 26: Duration of Agreement
Existing policies not specifically referred to in this contract shall remain in full force and effect.
The terms and conditions of this contract shall be in effect for the period of July 1, 2017 until June 30, 2021. In the event that the parties fail to reach agreement prior to the expiration date, the terms and conditions of this contract shall remain in full force and effect until a subsequent agreement is reached.
This document constitutes the entire agreement between the parties and no further matters shall be negotiated under this agreement.
Appendix A: Salary Schedule 2018-2021
Appendix B Extracurricular Compensation
- Astronomy Club (1) $750
- Auditorium Advisor (1) $1,400
- Building Coding Clubs (5) $750
- Civitas (1) $750
- Elementary Friendship Club (Charlton Heights) (1) $750
- Elementary Run for Fun (each building) (3) $750
- Fall Production Costumer (1) $1,000
- Fall Production Director (1) $2,500
- Fall Production House Manager (1) $750
- Fall Production Producer (1) $1,000
- Fall Production Technical Director (1) $2,000
- FBLA (1) $1,400
- High School GPX (2) $750
- High School Art Club (2) $750
- High School Class Advisors (8) $1,400
- High School Computer Club (1) $750
- High School Drama Club (2) $1,400
- High School Green Club (2) $750
- High School Jazz Ensemble (1) $1,400
- High School LTP (3) $750
- High School Math Club (1) $750
- High School National Honor Society (1) $900
- High School Newspaper (1) $2,750
- High School Robotics Club (1) $4,300
- High School Science Club (1) $900
- High School Select Choir (1) $1,400
- High School Ski Club (1) $750
- High School Student Government (2) $1,400
- High School Study Circles (1) $750
- High School X Factor 2 $750
- High School Yearbook Business Manager (1) $1,500
- High School Yearbook Production Manager (1) $1,500
- Interact (1) $,1400
- International Club (1) $750
- K-5 Student Council Advisor (3) $1,400
- Language Exchange Advisor (3) $1,400
- LeFont (1) $750
- Marching/Pep Band (1) $1,400
- Masterminds (1) $1,000
- Middle School Art Club (1) $750
- Middle School Drama Club (1) $4,300
- Middle School Future Cities (2) $750
- Middle School Green Club (1) $750
- Middle School Jazz Ensemble (1) $750
- Middle School Literary Arts Journal (1) $750
- Middle School National Honor Society (1) $900
- Middle School Newspaper (1) $900
- Middle School Science Club (1) $900
- Middle School Select Choir (1) $750
- Middle School Ski Club (1) $750
- Middle School Student Government (1) $1,700
- Middle School Study Circles (1) $750
- Middle School XPE (1) $750
- Middle School Yearbook (1) $1,700
- Pride (1) $750
- Spring Production Choreographer (1) $1,200
- Spring Production Costumer (1) $1,000
- Spring Production House Manager (1) $750
- Spring Production Orchestra Director (1) $2,000
- Spring Production Producer (1 )$1,000
- Spring Production Technical Director (1) $2,000
- Spring Production Vocal Coach (1) $2,000
- Stratomatic Club (1) $750
- Student Health & Wellness (1) $1,400
- Tri-M Music Honor Society (1) $750
- World Language Club (1) $750