The purpose of this Agreement is to reaffirm the parties’ common responsibility to maintain a collaborative and collegial collective bargaining relationship that furthers the parties’ shared goal of delivering high quality instructional programs and significantly advancing a well-rounded public education for the students of the Chicago public school system. Through free and open dialogue, the parties have identified the educational objectives for the Chicago Public Schools (hereinafter referred to as “CPS”) and have designed this Agreement to further those objectives through good faith cooperation now and in the future.

The parties firmly believe that a well-rounded public education is an absolute necessity for any graduate to be considered college-, career- and citizenship-ready. The parties also recognize that a well-rounded public education includes, but is by no means limited to, providing students with an enriched, diverse and comprehensive curriculum that allows them to obtain essential knowledge and skills; engage in critical and creative thinking; develop independent inquiry skills and an appreciation for the arts, music and literature; improve their physical and emotional health; prepare for leadership roles in their communities; attain the technical skills necessary to become career-ready; develop the academic discipline and proficiency in the intelligent use of technology necessary to become college-ready; and ultimately graduate from the Chicago public school system prepared to become productive and self-confident citizens capable of ethical participation in a free and democratic society.

In addition, the parties recognize that the achievement of these educational objectives requires substantial short- and long-term financial investments in public education and that the fulfillment of the aspirations described in this Preamble will require dramatic and cooperative changes in education funding at the federal, state and local levels; a commitment to good faith collaboration; mutual agreement on priorities and values; and the adoption of proven or research-based educational methods and instructional practices.

Furthermore, to foster a cosmopolitan spirit and better develop CPS students as tolerant and unbiased citizens, the BOARD and the UNION shall work affirmatively to the end that each student may have the educational advantage of an integrated school.

Finally, this Agreement is intended to affirm that the parties’ shared goals will only be achieved if bargaining unit employees are fairly and adequately recognized and rewarded for their contributions to the educational process and provided with a wholesome work environment based on mutual respect and the highest level of professionalism. The guiding principles set forth in this Preamble shall remain at the forefront of the parties’ negotiations now and in the years to come until these shared educational aspirations become a reality for each and every student and employee of the Chicago public school system.

The regular school day for middle school teachers shall not exceed seven hours with a continuous lunch period of forty-five minutes with no work responsibilities. Teachers’ lunch shall not be scheduled before the first scheduled student lunch period and shall not be scheduled after the last scheduled student lunch period. Each teacher’s day shall be comprised of no more than 296 minutes of instruction, 15 minutes of non-classroom supervision and 60 minutes of continuous preparation time. Four days each week the teacher’s continuous duty-free preparation time shall be self-directed; one day each week this period shall be principal-directed.

The BOARD and the UNION shall develop up to five models for middle school schedules. The models shall be disseminated to the schools by March 1, 2013. The principal, in conjunction with the Professional Problems Committee, shall select two of the models, and the UNION’s teacher members shall vote for one of the two and determine the schedule through a secret ballot majority vote.

The day normally shall begin at 8:30 a.m. and end at 3:30 p.m.; however, the principal (or the Chief Executive Officer if appropriate) may change the beginning and ending times after making his or her best effort to achieve the affirmative concurrence of the majority of the classroom teachers.

A duty schedule for all teachers, teacher assistants, school assistants, instructor assistants and interpreter assistants shall be posted in each middle school within one week of the start of each semester or at the regular reorganization time. Any schedule change shall be preceded by a twenty-four-hour notification to the appropriate staff.

Professional preparation periods shall be scheduled from the first instructional day through the last instructional day of the school year.

Library, physical education and arts education programs in all middle schools shall begin on the first instructional day and continue through the last instructional day of the school year.

In those unusual circumstances where a twenty-minute recess period for the students is not scheduled or is canceled or shortened, a procedure shall be developed at each school to relieve teachers for a period of twenty minutes or for the equivalent number of minutes that recess was shortened or eliminated.

The principal, in conjunction with the Professional Problems Committee, shall review issues related to the implementation of recess, including, but not limited to, the safety and supervision of students, play equipment and staffing. The committee shall submit recommendations directly to the principal with copies of the recommendations submitted simultaneously to the Local School Council and the Chief Executive Officer.

Upon reasonable notification to the principal in the case of late arrival or early departure to or from school for good cause in any emergency situation only, a bargaining unit employee assigned to a school present more than one-fourth and less than three-fourths of the working day is considered as having worked one half day, and a bargaining unit employee assigned to a school present three-fourths or more of the regular working day is considered as having worked a full day.

In the spring semester of every school year, the PPLC, or in its absence the PPC, shall develop and formally present recommendations to the principal and the local school council on professional development activities for the school staff for the subsequent school year. The principal shall determine professional development activities for the subsequent school year after hearing the recommendations of and in consultation with the Professional Personnel Leadership Committee, or in its absence the PPC.

The high school day may begin and end at different times from school to school as determined at the local school level following discussion between the principal and local school faculty, but shall not exceed 435 minutes in length for a high school teacher. The high school teacher is to be in his or her room with the class ready to teach at the time designated on the teacher’s schedule. The regular school day shall consist of eight fifty-minute periods, including five teaching periods, and up to thirty-five minutes of passing periods. Any special bell schedule that involves teacher supervision of students shall deduct time spent supervising students from the regular class periods. High school teachers shall have a continuous lunch period of fifty minutes with no work responsibilities, except that, if the regular lunch period is shortened to less than fifty minutes, the teacher’s school day shall be shortened an equal number of minutes. Teachers’ lunch shall not be scheduled before the first scheduled student lunch period and shall not be scheduled after the last scheduled student lunch period. Each teacher’s schedule shall include seven fifty-minute duty-free, self-directed preparation periods per week. Each teacher’s schedule shall include three principal-directed preparation periods per week, which shall be used only for staff development, teacher collaboration, advisory (one per week), department meetings, subject area team meetings and other professional preparation activities.

The BOARD and the UNION shall develop up to five models for high school schedules. The models shall be disseminated to the schools by December 31, 2012. The principal, in consultation with the Professional Problems Committee, shall select two of the models, and the UNION’s teacher members shall vote for one of the two and determine the schedule through a secret ballot majority vote.

A thirty-minute advisory period once a week paid at the teacher’s regular rate of pay may be added to the fifty-minute high school schedule by following the procedures for waivers outlined in Appendix C.

The principal shall consult all department chairpersons in connection with programming the respective school departments. Prior to March 1, each department chairperson shall submit written recommendations to the principal or the principal’s designee concerning the programming of the department for the following school year.

The student, teacher, counselor, administrator and/or programmer shall consult with each other in placing students in advanced placement, specialized or specially leveled classes. The PPC shall discuss and advise the principal when student programming issues are reported.

Separate world language classes for native speakers shall be provided where enrollment makes this possible. World language courses for native speakers and levels of world language courses (such as Honors versus Regular or Spanish I versus Spanish II) shall be considered unique lesson preparations, consistent with Article 40-6.

In the spring semester of every school year, the PPLC, or in its absence the PPC, shall develop and formally present recommendations to the principal and the local school council on professional development activities for the school staff for the subsequent school year. The principal shall determine professional development activities for the subsequent school year after hearing the recommendations of and in consultation with the Professional Personnel Leadership Committee, or in its absence the PPC.

New buildings shall include adequate facilities in all classrooms designated for the teaching of art, including adequate lighting, sinks and cabinet and storage space.

Whenever possible, mathematics classes shall be assigned to rooms with adequate chalkboard and/or dry erase board space and provisions for maps, charts, graphs and other teaching aids.

The chorus room, instrumental music rooms and science rooms shall be made available to the chorus or instrumental music teacher during his or her preparation period whenever possible.

One period every six school weeks shall be allowed for departmental meetings during the school day, provided that this does not necessitate the dismissal of students or cancellation of classes.

The teacher individually or through the department chairperson shall request in writing approval of the principal prior to inviting a guest speaker to address the class one week prior to the date of the appearance, and written approval of the principal must be secured before the invitation is extended. Any disapproval by the principal shall be submitted in writing.

Professional journals and other publications shall be purchased through the high school library for use in each high school.

Whenever funds can be made available, the BOARD shall institute an in-service training program for newspaper and yearbook sponsors.

As funds, staff and space are available, a materials service center to provide commonly used films, tapes, records, filmstrips, maps, diagrams and paperback books shall be provided in every high school.

Upon reasonable notification to the principal in the case of late arrival or early departure to or from school for good cause in an emergency situation only, a bargaining unit employee assigned to a school present more than one-fourth and less than three-fourths of the working day is considered as having worked one half day, and a bargaining unit employee assigned to a school present three-fourths or more of the regular working day is considered as having worked a full day.

High school science laboratory teachers shall not be assigned a division.

All instrumental music, band or orchestra rooms in high school buildings over ten years old shall be surveyed for rehabilitation.

Each world language teacher shall submit written recommendations annually to the principal or the principal’s designee relative to organization of classes, level and placement of students in language classes.

A duty schedule for all teachers and teacher assistants shall be posted in each high school within one week of the start of each semester. Any schedule change shall be preceded by a twenty-four-hour notification to the appropriate staff.

Only those members of the high school staff who are properly trained may be required to conduct or directly assist in screening or searching students or others, whether by mechanical, electrical or other means, on a daily or random basis.

Principals shall solicit the input of department members prior to nominating department chairs. The principal shall nominate one or more candidate(s) in each department to serve as department chairs. The faculty members in that department will conduct a secret ballot vote to elect/confirm the department chairs.

High school teachers of art, drafting, music, physical education and business education, and teachers in education and vocational guidance centers, shall have a maximum of twenty-five teaching periods per week.

Within twenty school days after the proposed school budget is received in the school, the principal or the principal’s designee shall advise the school’s faculty members, subject area or grade level departments and appropriate committees within the school—including the Professional Problems Committee, the Professional Personnel Leadership Committee and text committees—of the total amount of funds proposed for the purchase of texts, instructional materials and supplies under all BOARD funds. The principal or the principal’s designee shall provide the faculty and above-listed committees with access to a copy of the proposed school budget and related budgetary documentation.

Text committees shall be established in each school composed of teachers elected by their peers and may be subject-area specific as appropriate, including, but not limited to, the subjects of English, social studies, mathematics, science, business, foreign language and special education. Text committees shall present written recommendations to the principal and the Professional Problems Committee concerning the purchase of texts and related instructional materials. Any approved text list shall be made available to the schools by February 1 of each school year whenever possible.

On or before a specific date to be established by the Professional Problems Committees and the principal, the Professional Problems Committee may submit, in writing, to the principal or the principal’s designee, a suggested list of texts, instructional materials and supplies for students. The Professional Problems Committee shall ensure that recommendations for texts, instructional materials and supplies are specifically solicited from special education teachers, ancillary teachers, bilingual teachers and librarians and incorporated into the overall recommendations submitted to the principal. Text and supply allocations are limited to the available funds.

Funds for texts, instructional materials and supplies that are ordered and marked “out of stock” and that remain unexpended at the end of the school year shall be added to the local school’s regular supply appropriation for the following school year.

Teacher-editions of texts, instructional materials, curriculum guides for each subject area and supplies shall be available for distribution to teachers and an assigned classroom with a teacher desk on the first day of teacher attendance of the regular school year and the summer school session. Student texts shall be distributed no later than the end of the first week of student attendance. School principals shall confer with the Professional Problems Committee on ways to expedite the distribution of texts to students. Collection and inventory of texts shall not be required before the last week of school. Teachers shall keep an accurate account of the educational equipment and materials issued to them for instruction of their classes. The principal shall consult with grade level representatives and/or department chairs (including a special education representative) and PPLC to determine the selection of texts and instructional materials. To the extent possible, each school shall ensure that staff is provided adequate and appropriate technology, current and culturally relevant curriculum guides and materials, both physical and digital copies for their classrooms. All decorations or educational items required by administration for the school classrooms shall be paid for and provided by the school administration.

Each Fiscal Year, the BOARD shall appropriate sufficient funds to each school or unit to reimburse teachers, counselors, clinicians and speech-language paraeducators up to $250.00 per employee for instructional supplies and materials, classroom library books and therapeutic materials purchased by them for student instruction and support. Principals and head administrators shall approve the reimbursements in accordance with the procedures developed by BOARD, and such reimbursements shall be paid by the end of the semester in which the receipts were submitted.

PSRPs are on duty seven hours and fifteen minutes each school day, exclusive of a thirty-minute lunch period. PSRPs shall be scheduled for a ten-minute relief period during the morning and a ten-minute relief period during the afternoon. PSRPs assigned to a local school site shall not be required to sign out for lunch unless they are leaving the school building. The hours of arrival and departure and lunch time are designated by the principal. In setting the starting and ending time for PSRPs, principals shall not act arbitrarily or capriciously nor shall they establish these times as a form of discipline. The BOARD shall provide adequate work space for all PSRPs, including citywide PSRPs, appropriate to their job duties. The work space shall include, at minimum, a desk, chair, access to a computer, working copiers, printers and telephones.

The parties agree that the BOARD shall follow its PRSP Performance Evaluation Guidelines as customized for various employees within the bargaining unit, as it was promulgated on August 1, 2014. Employees who are rated unsatisfactory shall be afforded the remediation opportunity provided in the plan.

No PSRP shall be requested to remain in a school building after that employee’s regular working hours, unless security is provided in the work area.

Utilization of all PSRPs shall be in conformity with applicable statutes and established guidelines. Such personnel shall not be used as a substitute for a teacher except for temporary emergency supervisory duty where the welfare of students is involved. Said temporary supervisory duty shall not exceed sixty minutes. No teacher may leave the teacher’s assigned classroom under the supervision of said personnel, unless said teacher has received the approval of the principal or the principal’s designee.

PSRPs may apply to transfer to vacant positions for which they qualify at any time during the school year.

PSRPs shall continue to be subject to the Rules of the Board of Education, applicable BOARD guidelines, BOARD policies and procedures and this Agreement.

Staff development at the school level shall include professional learning pertinent to the work of PSRPs. The Board and the Union shall form an ad hoc committee to study and make a plan to address staff development needs of the various PSRP job titles.

Administrative transfers shall be executed promptly by the sending school’s principal.

When the BOARD appoints a PSRP to a full-time teaching position and the PSRP has been employed by the BOARD for a minimum of one full school year without a break in service prior to appointment to the teaching position, the BOARD shall place the PSRP on a step equivalent to his or her years of service as a PSRP with the BOARD up to Step 5. He or she shall retain all accumulated sick and personal business days accumulated as a PSRP. All additional applicable benefits shall be transferred to said new teacher and he or she shall be granted one year of teacher seniority for the years employed as a PSRP.

The BOARD’s ESP Layoff and Recall Policy will be applied to include criteria for determining bargaining unit employees to be laid off.  Except when bargaining unit employees are laid off due to school actions, employees shall be laid off by school unit in the following manner:

The school principal or unit head shall determine the number of positions and which classification(s) within the unit shall be affected.  Employees within those classifications will be laid off in the following order:

1. Employees who do not possess the highly qualified status or who do not hold necessary certifications or other qualifications;

2. Employees rated unsatisfactory (i.e., below 1.9 points on current system) in their most recent performance rating.

3. Employees rated developing (i.e., 2.0-2.6 points on the current evaluation system) in their most recent performance rating.

4. All other employees by seniority.

For purposes of this policy only, “seniority” with regard to layoff and reappointment shall mean the length of full-time accumulated service in any career service/ESP position, with such seniority accruing from the date of initial appointment to a career service/ESP position with the Board.  This definition of “seniority” shall apply only to those ESP employees who are represented by a bargaining unit at the time of their layoff.

The BOARD agrees that it will reimburse a PSRP for the cost of the test option required by the No Child Left Behind Act, provided the PSRP submits written verification of passage of such test.

In the event the BOARD hires truant officers, the BOARD and the UNION shall meet promptly to bargain over their terms and conditions of employment.

(formerly COUNSELORS; see Article 20-2

The assignment of driver education teachers shall be based upon the date of their approval to teach this subject by the BOARD

As far as possible, all work assignments at each center shall be equalized to guarantee to each teacher an equal share of available work, except where an unusual condition exists.

There shall be no change in the status of elementary teachers now employed in the program.

Teachers assigned to a center who are being transferred shall have the right to a conference, if requested, and may be represented by the UNION.

All assignments shall be made through the Department of Sports Administration.

Funds allotted for driver education supplies for high school may be utilized for the purchase of approved driver education films provided there is no greater need.

In addition to established certification and educational requirements, all teachers employed in the summer driver education program must not have received an unsatisfactory summative rating during the preceding school year, and preference shall be given to those who received an excellent or proficient rating as a driver education teacher during the preceding school year.

A driver education teacher shall receive regular driver education pay for the national holiday July 4 when this holiday is celebrated on the day that teacher is scheduled to work, provided that said driver education teacher works the day before and the day after the holiday. This provision shall not be applicable when July 4 occurs on Saturday.

A joint BOARD-UNION commission shall be established in accordance with the BOARD-UNION Partnership Agreement under Section 34-3.5 of the Illinois School Code. The commission shall study, discuss, formulate and submit recommendations to the Chief Executive Officer, the BOARD of Education of the City of Chicago, and UNION President regarding a joint legislative, media, and outreach strategy to advance the shared interests of the BOARD and the UNION and facilitate the passage of legislation in furtherance of those interests, including, but not limited to, additional State funding and alternative revenue options that can be cooperatively pursued. Membership on this commission shall be limited to five individuals appointed by the BOARD and five individuals appointed by the UNION. Said limitations shall not preclude the utilization of appropriate resource personnel.

As part of the partnership required by the School Code, the Board shall obtain funding from external agencies and/or in-kind donations to fund between 20 and 55 community schools. Said funding or in-kind donations shall have a value of a minimum of $500,000 per school annually, which amounts are not to be commingled with district or school funds.

The Board and the Union agree to form a 20-person task force, with 10 persons appointed by each, to effectuate, monitor and implement the following initiatives with respect to these community schools:

• An agreed process to select the schools
• Consultation with LSC, principals and community members

Program elements may include, without limitation:

• Medical or mental health services available to the school community
• The expansion of after-school programs
• The expansion of facility use for students or the school community
• Social-emotional supports/trauma interventions
• Parent mentor and home visit program
• Restorative Justice Coordinator and professional development for parents, students and staff
• Clinical services and community programming
• STLS coordinator, homelessness services, truancy supports, food pantry
• Coordination of City and Park District services

A high school teacher appointed by the principal as the advisor for the official school yearbook or a newspaper or similar publication, which newspaper or similar publication shall be published at intervals scheduled by the principal, shall be programmed for a normal program less one teaching period. Where an advisor sponsors both the school newspaper and yearbook, said advisor shall be programmed for a normal program less two teaching periods.

Physical education teachers shall be given priority in coaching positions; however, qualified persons presently serving in coaching positions will not be replaced by this provision.

Each school shall develop a schedule of activities for the first five months, other than class field trips, no later than September 30 and for the second five months no later than February 1, and the events and rehearsals warranting student excuses from class shall be kept to a minimum. Deviation from the activity calendars will be made only in exceptional cases.

The principal, in consultation with the staff, shall be responsible for the conduct of the entire extracurricular program within the school. Whenever in the estimation of the principal, in consultation with the staff, any of the activities being conducted do not continue to meet the requirements of the school, such activity shall be discontinued at once in that school. If the activity is discontinued, the teacher will be paid on a prorated basis.

No teacher shall be assigned to a head coaching position in more than one of the following sports: football, baseball, basketball or track; or to more than two coaching assignments in interscholastic sports during a school year.

When a teacher, because of extenuating and special circumstances, is assigned to teach two activities and the official season of the first activity has not been terminated before the official opening date of the second activity, full compensation will be allowed only for that activity in connection with which the teacher serves the entire official season. Compensation for the other activity will be made on the basis of the percent of the total official season during which service was rendered.

At least one teacher is to remain with the students after the close of any activity, practice session or game until the last student has left the premises. This rule applies whether the group is at the home school or field or is away.

To be eligible for appointment as a coach of a swimming team, an applicant must submit to the BOARD’s Department of Sports Administration a teaching certificate indicating that the applicant meets the BOARD’s requirements, has a current Red Cross Senior Life Saving certificate, a current Red Cross Water Safety Instructor’s certificate or a current YMCA Aquatic Leader Examiner’s certificate.

A copy of the BOARD’s parental permission procedures for in-school and after-school clubs and extracurricular activities will be provided to each activity and club sponsor no later than September of each school year.

Bargaining unit employees shall work under safe and healthful conditions.

When the UNION determines that a situation has arisen that is likely to cause serious physical or emotional harm to bargaining unit employees, the UNION may bring it to the attention of the Chief Executive Officer who shall assess the situation within three school days. The assessment shall include on-site inspection where appropriate. After performing the assessment, the Chief Executive Officer and the UNION President or their designees shall meet to discuss the situation and explore possible solutions.

In the event of a school-related assault on or battery of a teacher or PSRP, the Law Department of the BOARD, when notified, shall inform the teacher or PSRP of the teacher’s or PSRP’s legal rights, and the teacher or PSRP shall be assisted by the Law Department in court appearances.

Principals shall immediately report all school-related assaults by telephone, followed by a written or online assault or battery report, to the Department of Safety and Security and to their respective Area Instruction Officer. The member shall receive a copy of the assault or battery report at this time. The Department of Safety and Security shall immediately notify the Law Department of the BOARD.

Whenever a teacher or PSRP listed under Article 1-1 is involved in a school-related assault or battery case resulting in a court appearance by the teacher or PSRP, said teacher or PSRP shall inform the principal through a written notice stating the date, time and place of the scheduled court appearance. The principal shall forward the written notice from the employee to the network or other designated regional or area office and the Law Department.

In emergency situations over which the school system has no control (e.g., natural and man-made disasters, fires or criminal behavior) that disrupt schools and/or threaten the safety of bargaining unit employees, students or BOARD property, the UNION agrees to cooperate with the school administration in implementing workable solutions. Upon request of the UNION, the BOARD shall bargain with the UNION over compensation or alternatives for compensation for responding to the emergency.

Special clothing and safety equipment used by teachers and required by statute shall be provided by the BOARD.

The BOARD policy on the management of communicable diseases, including HIV and AIDS, shall be posted in every school and BOARD facility.

Bargaining unit employees shall report immediately or as soon as possible any acts of vandalism to the principal.

The standard (prescribed by the American Library Association in its Standards for School Library Programs, 1960, and supported by the Office of the Superintendent of Public Instruction in Standards for School Library Programs in Illinois, 1966) that there shall be one librarian for every five hundred students or major fraction thereof shall be a goal toward which to work as funds become available.

The standard (prescribed by the American Library Association in its Standards for School Library Programs, 1960, and supported by the Office of the Superintendent of Public Instruction in Standards for School Library Programs in Illinois, 1966) that there shall be one library clerk for every six hundred students or major fraction thereof shall be a goal toward which to work as funds can be made available.

The needs of the students shall be taken into consideration when determining the priority for assignment of additional library clerical help in high schools and elementary schools.

Adequate library facilities shall be provided in all new school buildings. In existing buildings, the BOARD shall provide such facilities as funds and space can be made available.

As a goal toward which the BOARD shall work as funds become available, provision shall be made for all primary school students in each elementary school to have one library period per week under the direction of the teacher-librarian.

The number of students attending elementary or middle school libraries shall not exceed the maximum class sizes provided in Article 28 for their appropriate grade levels.

If the school library facilities are to be used when the teacher-librarian is absent from the premises, guidelines for their use which are not in conflict with BOARD policy shall be established by the librarian, the principal and the Professional Problems Committee.

The program of the elementary teacher-librarian shall be so arranged as to provide for two additional preparation periods per week for processing books and kindred library tasks, provided that, in addition, teacher-librarians shall be provided not less than the average number of preparation periods accorded to other educational personnel in the school.

Every effort shall be made by the CPS Department of Literacy: Libraries to send pertinent bulletins explaining library policies, practices and procedures to the teacher-librarians.

One workshop or in-service meeting per school year for teacher-librarians shall be conducted at the area or district level during the regularly scheduled in-service time to provide information about new materials, equipment, techniques and new approaches to library media service and the teaching of reading.

The principal shall designate a high school librarian to serve as department chairperson, and such chairperson shall attend all school department chairperson meetings.

In accordance with current policy, the professional high school library staff in conjunction with the faculty and administration shall plan and implement a school-wide library program.

A librarian shall be included on all high school curriculum committees.

Clerical assistants in the schools shall not replace teacher-librarians in class instruction or library administration.

Where administratively possible, elementary librarians serving more than one school during one school week and high school librarians shall be assigned duties related only to the library program. On the day when a half-time librarian spends the morning at one building and the afternoon at another, said half-time librarian shall be assigned no duties outside of those resulting directly from said library assignment.

New buildings shall include adequate storage facilities for media equipment. In existing buildings, the BOARD shall provide the necessary storage facilities as funds and space can be made available.

To the extent that funds can be made available, the BOARD shall provide trained teacher assistants to distribute and maintain media equipment in the elementary school library.

Trained media assistants shall be provided in the high school library as soon as funds can be made available.

The time allotment for physical education classes will be reviewed and clarified by the Physical Education Committee.

Teachers of physical education who sponsor the school safety patrol shall have one period per week for patrol gym and/or administration of the patrol.

Applicants for supervisory positions in the Department of Sports Administration may apply for such positions on the basis of teaching experience at the elementary or secondary level by submitting an application to the BOARD.

Wherever possible, physical education programs shall be planned to avoid frequent attire changes in successive classes. Whenever possible, principals shall seek input of the PE Department Chair on scheduling of PE classes.

New buildings shall include proper dressing and toilet facilities for the physical education department.

Equipment shall be available from the supply lists or through special order for all activities in the physical education course of study. The Joint PE committee will determine which, if any, schools lack space in which to store PE equipment in a safe and secure environment and make recommendations on ways to secure equipment.

Professional development for physical education teachers shall be provided in city-wide or district level meetings during the school day in their subject area.

On a day when a half-time physical education teacher spends the morning at one building and the afternoon at another, said half-time physical education teacher shall be allowed seventy-five minutes including lunch for travel time.

Effective July 1, 2013, the BOARD shall appropriate the sum of $225,000.00 to be allocated to schools for supplies and equipment for physical education classes. The per student allocation may be increased as determined by the Chief Executive Officer or his or her designee in consultation with a representative of the UNION.

Principals and head administrators should strive to program no more than one class in any gymnasium at any given time, unless the space provides for the safe separation of the two classes.

Career and Technical Education (“CTE”), formerly known as Education-to-Careers (“ETC”) and Practical Arts and Vocational Education (“PAVE”), are organized educational activities offering a sequence of courses that provides students with relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions;

• provides technical skill proficiency, which may include an industry- recognized credential, a certificate, or an associate degree;
• includes competency-based applied learning that contributes to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, work-based learning experiences, and occupation- specific skills.

Career and Technical Education programs are organized as defined by the Illinois State Board of Education and the sixteen (16) nationally recognized Career Clusters—

• Agriculture, Food & Natural Resources
• Architecture & Construction
• Arts, A/V Technology & Communications
• Business Management & Administration
• Education & Training
• Finance
• Government & Public Administration
• Health Science
• Hospitality & Tourism
• Human Services
• Information Technology
• Law, Public Safety, Corrections & Security
• Manufacturing
• Marketing
• Science, Technology, Engineering & Mathematics (STEM)
• Transportation, Distribution & Logistics

CTE teachers on regular day programs shall not have more than twenty-five teaching periods per week. CTE teachers on an extended day program shall have no more than thirty teaching periods week. The length of classes shall vary from one period to four periods not to exceed twenty-five periods per week or thirty periods per week for extended day programs.

Where administratively possible, no more than one class should be programmed for any CTE area at any given time. The principal shall consult with the CTE department chairperson and CTE teachers in connection with programming. Each CTE teacher, in conjunction with the school counselor and programmer, shall develop a student roster for the next school year. Student participation in CTE programs is to be based on the student CTE high school entrance application and/or student interest activities. Prior to March 1, each department chairperson shall submit written recommendations to the principal or the principal’s designee concerning the programming of CTE for the following school year.

Where possible for teachers of culinary arts in the high schools, one or more of their professional preparation periods each week shall be programmed at the end of the day for the purpose of securing authorized supplies when classes are scheduled for food preparation and/or demonstration.

Six percent of each Fiscal Year's Career and Technical Education Improvement and Perkins Grants funds provided by the State of Illinois shall be allocated by teachers, subject to BOARD procurement rules and grant guidelines.  The BOARD shall use its best efforts to remove any impediments to timely procurement of materials and equipment.

All CTE labs, shops and classrooms will be given baseline materials and equipment ready to be used on the first day of teacher attendance of the school year that meet industry standards.

The BOARD will work with the CTE committee to identify safety issues within CTE programs and to identify ways and means to protect the safety of the students in CTE classes and maintain OSHA compliance.

The BOARD and the UNION will work cooperatively through co-sponsorship for the establishment of an educational manpower council or to join a similar established council. The council will be represented as a goal by the ten largest employment sectors in the metropolitan area with representatives from the business community, other educational institutions, labor organizations and state and local governments to identify workforce needs within the Chicago metropolitan area to ensure that CTE curricula and programs are aligned to those needs.

The parties agree that the CTE teachers must keep current in their content areas and industry credentials in order to maintain their positions. If the BOARD seeks to require that the current CTE teachers increase their credentials (other than staying current in their content area or industry certifications) in order to qualify for their current positions, the BOARD will meet with the CTE Committee or other UNION designees to bargain over the impact of changes in such requirements. In accordance with CTE policies and procedures, and where funds are available, CTE will support CTE teachers’ training for obtaining previously approved credentials. CTE will support CTE teachers training for obtaining previously approved credentials. Credentials for all cooperative education teachers will be reviewed and approved by the Department of Career and Technical Education in accordance with Illinois State Board of Education Rules and Regulations as outlined in the State of Illinois Cooperative Education Handbook.

Each cooperative education teacher shall have communication service available when necessary to contact employers concerning job opportunities for students enrolled in cooperative education.

In the event a school action (as defined in Appendix H) occurs at a school with a CTE program, the BOARD will bargain with the UNION over the impact of the action on the CTE teachers teaching in that program.

Prior to February 15, each Career and Technical Education cooperative program teacher shall confer with the principal, or the principal’s designee, relative to a registration procedure for students recommended for placement in the cooperative program. Each Career and Technical Education cooperative program teacher shall furnish to the principal, or the principal’s designee, data and rationale to support the recommendations being submitted for consideration. The recommendations of the CTE cooperative program teacher shall be given the highest priority.

Cooperative Education Teachers in approved Career and Technical Education programs authorized by the Office of College and Career Success working outside the contractual day to conduct workplace observations shall be paid their base salary plus twenty percent of their base salary. Funding is to be covered by the school.

Twenty days past the second semester, Career and Technical Education or the Office of College and Career Success shall deliver to the principal, or the principal’s designee, those students identified as eligible to participate in Cooperative Education for the next school year. The teacher shall develop a student roster from the eligibility list. Each cooperative work training teacher shall have telephone service available when necessary to contact employers concerning job opportunities for students enrolled in the cooperative work training program.

The BOARD shall provide bargaining unit employees with ten paid professional development days per year, which shall be scheduled during or contiguous with the school year. The BOARD may schedule professional development days in full or half-day increments. Principal-directed professional development days shall be aligned to the Learning Forward Professional Learning Standards (including time for active engagement, collaborative cultures, whole school team collaboration, and/or individual based learning, etc.). Teachers shall have a duty-free lunch period on professional development days.

The following Professional Development days shall be designated as teacher-directed: the first Friday of Teacher Attendance; the third quarter professional development day, and the professional development day following the last day of student attendance. All other professional development days, including flex days, shall be fully principal-directed.

Teachers and school clerks authorized by BOARD action to work before the start of a new school year shall be paid at the teacher’s or school clerk’s regular hourly rate of salary.

If the BOARD receives additional funding sources in Fiscal Year 2013 that can be used for personnel costs, the BOARD will bargain with the UNION upon request over hiring up to one hundred additional school social workers or school nurses.

Related services personnel (e.g., school psychologists, school social workers, speech language pathologists, school nurses, physical therapists, occupational therapists and/or other district resource personnel) shall be provided time to meet periodically with special education teachers during the school day during their preparation periods to discuss matters of professional interest. Related services personnel shall arrange conferences periodically with the teachers of students with disabilities during the school day at times, if possible, when students are not scheduled for their classrooms.

By no later than the start of the 2017-18 school year, the Board shall no longer require school counselors, clinicians and special educators to perform case management responsibilities. The Board and Union shall form a committee to recommend to the CEO how to implement this provision.

The phrase “special education teacher” includes all teachers who are deemed highly qualified by the Illinois State Board of Education Rules and Regulations to teach students with disabilities and who are assigned or appointed by the BOARD as teachers of students with disabilities.

Temporarily assigned teachers with a minimum of eight semester hours of approved credit in special education may replace TATs with no training in special education.

Appointed teachers and temporarily assigned teachers who are deemed highly qualified by the Illinois State Board of Education Rules and Regulations to teach students with disabilities, who are assigned or appointed by the BOARD as teachers of students with disabilities and who have completed thirty semester hours of approved graduate credit in the area of special education shall be permitted to advance to Lane ll of the salary schedule. Termination of service in the area of special education shall cause said appointed teacher or temporarily assigned teacher to revert to the appropriate lane of the salary schedule and, further, it shall be the responsibility of the teacher to notify the BOARD of such termination.

Teachers who possess the necessary qualifications for possible assignment in the area of special education are encouraged to submit applications for such assignment.

The educational and extracurricular program of a student with disabilities shall be developed by the Individualized Education Program team in accordance with the student’s Individualized Education Program. The IEP team shall make least restrictive environment (LRE) decisions based on the students’ strengths and needs.

Clinicians (e.g., school psychologists, school social workers, speech language pathologists, school nurses, physical therapists, occupational therapists and/or other district resource personnel) shall be provided time to meet every other week with special education teachers during the school day during a principal-directed preparation period for consultation regarding their students. Clinicians shall arrange conferences periodically with the teachers of students with disabilities during the school day at times, if possible, when students are not scheduled for their classrooms.

One full-day or two half-day in-service meetings per year for all special education teachers shall be scheduled on professional development days. Such meetings shall be held on an area, district, assignment or similar basis to discuss educational, medical and other topics related to their assignments. After consultation with and consent of the school principals, special education teachers may elect between district-wide or locally provided PD when they are offered on the same day.

New special education teachers of high school students with cognitive disabilities or autism shall be provided with appropriate in-service education during the school day to the extent possible with the supervisory staff and the substitute service available.

A high school or elementary school special education teacher shall refer a student with cognitive disabilities or autism in that teacher’s class at any time said teacher believes re-evaluation is desirable. Said teacher shall continue to be alert to students who appear in need of different special education placement.

The UNION shall have representation on city-, area- or school-level committees established to plan and develop proposals seeking government funding for programs in special education subject areas.

In directing the work of a special education teacher, a principal shall ensure that the special education teacher is not assigned any duties not related to school special education services. Disagreements over this Section shall be resolved by the special education teacher, the principal and the Professional Problems Committee.

The principal and special education teacher, including the department chair if any, shall adopt a reasonable schedule for department or grade level faculty meetings to ensure the special education teacher is able to maintain an equitable distribution of resources across such departments or grade levels and to minimize any undue burden on the special education teacher. After consultation with and with the consent of the school principal, special education teachers may elect to collaborate with other special education teachers or clinicians during weekly grade-level meetings.

Individualized Education Program meetings may be scheduled before, during or after the school day. Bargaining unit employees required to attend such meetings before or after the school day shall be paid their regular instructional hourly rates of pay. Principals are encouraged to use available Cadre substitutes and day-to-day substitutes to provide coverage for teachers participating in such meetings.

The BOARD shall ensure that special education teachers have access to training and resource materials regarding the preparation of Individualized Education Programs. Such materials may be available online. At the beginning of each school year, the BOARD shall advise all special education teachers of the training and resource materials available and shall ensure such teachers are informed of how to access such materials.

Principals may use Cadre substitute teachers to provide release time to special education teachers for the purpose of completing Individualized Education Programs.

In schools with students with disabilities whose Individualized Education Programs require American Sign Language interpreters, one staff member who is able to communicate with such students shall be designated to remain in the school until such students have been released for the day. Hours worked beyond the regular work day shall be compensated at the hourly rate of pay. The regular day for sign language interpreters shall be seven hours and forty-five minutes with a continuous duty-free lunch period and no work responsibilities.  Each interpreter’s school day shall include 45 minutes of continuous duty-free preparation time.  Four days each week, the interpreter’s preparation time shall be self-directed.  On day each week this period shall be directed by the principals or the interpreter supervisor for interpreter related preparation or duties, e.g., IEP meetings and/or collaboration with the IEP team.

School principals or their designees shall consult with Special Education teachers on case load development.

When a student’s IEP calls for services in a general education classroom, the student must be served in a class that is composed of students of whom at least 70 percent are without IEPs, that utilizes the general curriculum, that is taught by an instructor certified for general education, and that is not designated as a general remedial classroom.

The regular school day for Deaf and Hard of Hearing Itinerants, Assistive Technology Itinerants, Augmentative Communication Itinerants, Early Childhood SPED Itinerant teachers, Home/Hospital Teachers, and itinerant teachers of the Visually Impaired shall be seven hours, with start and stop times aligned to the schools they are assigned to, with a continuous duty-free lunch period of 45 minutes and a 60 minute preparation period daily, and four days of self-directed and one day of principal or clinician manager directed time per week.

To the extent possible, the Board shall assign itinerant teachers within a designated geographic area.

School administrators shall provide itinerant teachers working in their schools a secure location to store their belongings while they are in the building.

Appointed teachers are full-time teachers who are on a tenure track or who have attained tenure in accordance with Section 34-84 of the Illinois School Code.

An appointed tenured teacher is a full-time certified teacher who has successfully completed the probationary period required by Section 34-84 of the Illinois School Code or who has been reappointed with tenure in accordance with BOARD policies and procedures.

A probationary appointed teacher (“PAT”) is a full-time certified teacher who is in the process of completing the probationary period defined in Section 34-84 of the Illinois School Code.

Assigned teachers are certified teachers employed on a temporary or part-time basis and not on a tenure track.

Each year summer school employment applications (including for Drivers Education) shall be available on or before the Monday following spring recess. Nothing herein shall be construed to be applicable to any program which may be developed, funded, or implemented subsequent to the above-stated date.

Assignments to regular summer school positions shall be made ten school days prior to the end of the school year.

The BOARD shall establish and promptly provide to the UNION a list of teachers and other bargaining unit employees assigned to summer schools during the summer school sessions within ten days after the date summer school assignments are made under the provisions of Article 24.

Any exception to Articles 24-2.1, 24-2.2, 24-4.1, and 24-4.2 shall be discussed between a three-member committee of the UNION and a three-member committee of the BOARD, which shall include a representative of the Chief Executive Officer. Such discussion shall include all programs designated as on-going. Exceptions to the above-cited Articles shall not be implemented unless there is agreement between the BOARD and the UNION. Every effort will be made to conclude the discussions by March 1 of each year.

During the term of this Agreement, the BOARD shall recognize eight paid holidays per academic year.

On July 1, 2012 and each July 1 thereafter, the BOARD shall award active full-time employees three paid personal days for use during the Fiscal Year to attend to the employee’s personal business. Personal days unused upon separation from employment or on June 30 of each Fiscal Year shall be forfeited. Personal days awarded to employees on or after January 1, 2012 and before June 30, 2012 shall remain in the employee’s personal day bank. If such personal days are unused by December 31, 2012, the unused days shall be rolled over into the employee’s retained sick day bank defined in Article 37.

Full-time employees with fewer than twelve months of service with the BOARD shall be granted personal days as follows:

Employees may use personal days on three successive days.

The BOARD agrees, in principle, that no teacher shall be requested to assume responsibility for students from classrooms of absent teachers when substitutes are unavailable. In elementary schools, middle schools, education and vocational guidance centers and high schools, at no time should special education classes nor special programs, such as library, physical education, shop, TESL, bilingual or special reading classes, be discontinued so that substitute service may be performed by teachers of these programs, except in the case of emergencies, in which case the above teachers shall be subject to last call after available non-teaching certificated personnel have been assigned.

Teachers shall report their anticipated absences to the substitute center as early as possible in order to enable substitute teachers to arrive in the school before the beginning time of the teachers’ work day. Teachers shall also report their anticipated absences to the school no later than their reporting time. If the teachers cannot report because the telephone lines are busy or similar such occurrences, the teachers shall report as soon thereafter as possible.

The BOARD agrees, in principle, that teachers, during their duty-free professional preparation periods, shall not be requested to take the class of an absent teacher. Whenever a teacher’s duty-free professional preparation period is canceled, the principal shall schedule a make-up duty-free professional preparation period for that teacher by the end of the next academic quarter following, or by the last day of teacher attendance that school year, whichever occurs first, to the extent practicable. Effective with the 2017-2018 school year and thereafter, if cancelled self-directed preparation periods are not made up in accordance with this Article, they shall be considered lost. The BOARD shall pay the teacher for the lost preparation period at his/her regular hourly rate no later than the start of the next school year.

A substitute shall be provided to cover the classes of classroom teachers required by the BOARD to attend BOARD-sponsored workshops or BOARD in-service meetings when held during the regular school day.

The BOARD will provide substitute coverage for teacher assistants in early childhood centers who are absent.

The substitute center shall maintain a list of bilingual substitutes and shall make every effort to provide a bilingual day-to-day substitute in the case of the absence of the bilingual teacher.

Where necessary and on an as needed basis, a principal shall provide substitute coverage for teachers engaged in one-on-one required testing (e.g., DIBBELS) and for teachers providing modifications or accommodations to students with disabilities during testing.

At the beginning of each school year, and as necessary thereafter, the school principal or his/her designee, in consultation with the PPC, shall create and post an ordered list of emergency class coverage for classroom and special program teachers, under which they shall be assigned coverage on a rotating basis.

No substitute teacher shall be penalized for time errors generated by the BOARD’s substitute staffing system (currently AESOP). The BOARD shall report school start times accurately on the substitute staffing system.

Section 301.2 of the Chicago Public Schools Policy Manual (Class Size) (Board Report: 10-0615-PO1) (Date Adopted: June 15, 2010) shall provide as follows:

1. Elementary Schools and Vocational Guidance Centers (if any)

   1. Staffing

      • 28 at the kindergarten level
      • 28 at the primary level
      • 31 at the intermediate level and upper grade level
      • 20 in the education and vocational guidance centers (if any)

      1. The number of classroom teaching positions provided to each elementary school will generally be determined as follows:

         1. The total number of intermediate and upper grade students will be divided by 31 on a whole number basis (i.e., the division will not be extended to a decimal place). If the division is uneven, then the remaining students will be included in the primary membership;

         2. The total number of primary students will be divided by 28 extended to one decimal place, and rounded up to the nearest whole number;

         3. The total number of kindergarten students will be divided by two, extended to one decimal place, and rounded up to the nearest whole number; this number will then be divided by 28, extended to one decimal place, and rounded up to the nearest half (0.5) number;

         4. The sum of (a), (b) and (c) represents the total number of teaching positions that will be provided to each elementary school;

         5. Teachers assigned to the Intensive Reading Improvement Program or to bilingual programs will not be counted as part of the number provided to implement the maximum class size program in each school.

      2. The total number of education and vocational guidance center students (if any) will be divided by 20, extended to one decimal place, and rounded up to the nearest whole number.

   2. Organization

      1. Elementary Schools With Space Available

         In those elementary schools in which space is available, the maximum number of students in classes will generally be as follows:

         • 27–29 in kindergarten classes
         • 27–29 in primary grade classes
         • 30–32 in intermediate classes and upper grade classes

         Implementation of these class sizes in specific schools may result in problems relating to class reorganization, single section classes, split grades, and installation of experimental programs. Local school deviations from the class sizes indicated above may be made by the principal, after consulting the Professional Problems Committee and the teachers involved, when necessary to implement special programs for instructional improvement or to meet special needs of the particular school.

      2. Elementary Schools Without Space Available

         In those elementary schools in which space is unavailable to organize classes as indicated above, the additional teachers provided under the staffing in (A) will share the curriculum planning, instructional responsibilities, and all other related duties of teachers. Said additional teachers will be programmed in such a way as to provide for maximum teacher-student contacts on a regularly scheduled basis to share the instructional load of the classroom teachers. Said additional teachers should not be used primarily for:

         • administrative assistance
         • building security purposes
         • clerical or office-type tasks
         • discipline purposes
         • substituting
         • lunchroom duty
         • playground duty
         • guidance purposes—adjustment and counseling

      3. All schools will be designated as schools with space available or schools without space available. Five periodic reports will be prepared during the school year and will include the following:

         1. a listing of the names of the schools where space is available;

         2. listing of the names of the schools where space is not available and where additional teachers have been assigned.

      4. Elementary schools without space available and where additional teachers have been assigned will:

         1. receive first priority in the assignment of Cadre and day-to-day substitute teachers;

         2. have physical education teachers and teacher-librarians assigned based on the number of teaching positions, with each kindergarten class counted as one position.

2. High School Staffing and Organization¹

   1. The maximum number of students in the classes indicated below will generally be as follows:

      English (regular, honors and advanced placement)	28
      English (essential or basic)	25
      Mathematics (regular, honors and advanced placement)	28
      Mathematics (remedial)	25
      Foreign Language	28
      Social Studies	28
      Business Education	28
      General Science–Science Laboratory	28
      Home Economics–Non-Laboratory	28

      If essential or basic students are programmed in the same English or mathematics class with regular or honors students, the maximum class size will generally be 25 students.

      Implementation of the policy on class sizes in specific schools may result in problems relating to individual class sizes, single section classes, installation of experimental programs, scheduling of special subject classes, and class organization and reorganization. Local school deviations from the class sizes indicated above may be made by the principal, after consulting the Professional Problems Committee and the teachers involved, when necessary to implement special programs for instructional improvement or to meet special needs of the particular schools. The total number of subject matter students assigned to each teacher should not exceed the number of subject classes multiplied by the maximum class size for the given subject indicated.

   2. The number of students assigned to teachers indicated below will generally be determined by multiplying the number indicated next to the subject by the number of classes in the given subject.

      Art	31
      General Music	34
      Physical Education	40

   1	One of the responsibilities of all high school teachers is to work to improve reading skills of all students in all subject areas.

3. Elementary Schools–Art & Music

   The BOARD will continue to assign art and music teachers to elementary schools in accordance with the following formula:

   • .5 position for schools whose enrollment is 750 or less;

   • 1.0 position for schools whose enrollment is 751 or more.

4. Shop, Home Economics, Laboratory and Drafting

   Shop, home economics, laboratory and drafting classes shall be limited in size to the maximum number of work stations available in each individual physical classroom in each school. The number of stations in each individual classroom shall be determined by the individual teacher, school administrator, and the shop supervisor of the BOARD.

5. Special Education

   The class size in special education classes shall be in accordance with the guidelines established by the BOARD in “Guidelines for Special Education Programs” and the Rules and Regulations of the State Board of Education.

6. Administrative Discretion in Exceptional Circumstances

   The Chief Executive Officer or Chief Financial Officer is authorized to permit deviations from this policy where circumstances in the judgment of either of them require it.

7. Procedures for Modifying Class Size Policy

   Prior to BOARD adoption of any amendments to this policy altering the class size provisions contained herein, notice and an opportunity to meet and confer regarding the alterations will be provided to the UNION at least 45 calendar days prior to implementation.

Section 301.2 of the Chicago Public Schools Policy Manual (Class Size) shall be enforced only through the joint BOARD-UNION Class Size Monitoring Process established in Article 28-3.

One or more joint BOARD-UNION panels shall be established to monitor concerns regarding class size brought to its attention by the UNION. Each panel shall be composed of up to two former teachers, up to two former principals and a representative of the Office of Employee Engagement and shall meet on a bi-weekly basis. When the panel investigates a referral from a school, the panel shall promptly notify the Local School Council, and a parent representative chosen by the Local School Council may join the panel. Each panel shall have authority to make recommendations to the Chief Executive Officer with a copy submitted to the UNION President to resolve class size concerns, including, but not limited to, the following: assignment of a teacher assistant, addition of an extra preparation period, reorganized classes or class schedules, additional compensation, additional positions, staggered starting and ending class times, modified school boundaries, establishment of alternative sites and institution of multi-age groupings, split shifts or controlled enrollment. Each panel also shall issue reports semi-annually to the Offices of Employee and Labor Relations and the joint BOARD-UNION Class Size Supervisory Committee.

Effective second semester school year 2016-17 and each school year thereafter, a teacher assistant or instructor assistant will be assigned to kindergarten, first grade, or second grade classrooms that have 32 or more students enrolled on 10th day.  The teacher assistant or instructor assistant shall assist in core instruction and may be shared with more than one classroom, provided the assistant is present for all instruction.  The Board will implement this provision for the second semester of the 2016-17 school year.

The Board shall provide $6 million each Fiscal Year to fund the costs associated with providing the teacher assistant. The Board shall provide an additional $1 million each Fiscal Year, which may be utilized for assistants or other means to reduce class size in those classrooms.

The BOARD, the Chief Executive Officer and their respective designees shall discipline employees only for just cause.

In all steps of progressive discipline, if the employee chooses to have UNION representation at the meeting, it is the employee’s responsibility to contact his or her UNION representative and secure his or her attendance at the meeting. An employee requesting UNION representation will be allowed a reasonable amount to time to secure representation before the disciplinary meeting begins. When a UNION representative is present at a disciplinary meeting, the principal or head administrator shall have the right to have an observer present as well.

Within fifteen school days of its receipt by the employee, appointed teacher and temporarily assigned teacher Warnings in Lieu of Suspension shall be submitted to mediation under Article 3-9, if requested by the UNION. The mediation panel and procedures outlined in Article 3-9 shall be employed when the UNION requests mediation, except that the neutral mediator shall issue a final and binding decision resolving the dispute if the parties are not able to reach agreement on a resolution.

Non-probationary PSRP Warnings in Lieu of Suspension may be submitted to mediation under Article 3-9 exclusively upon request of the UNION. Non-probationary PSRP dismissals shall be submitted to grievance arbitration under Article 3-10 if requested by the UNION, or alternatively, shall be submitted to mediation under Article 3-9, exclusively upon request of the UNION. The mediation panel and procedures outlined in Article 3-9 shall be employed when the UNION requests mediation, except that the neutral mediator shall issue a final and binding decision resolving the dispute if the parties are not able to reach agreement on a resolution.

In all steps of progressive discipline, all persons shall treat the others with dignity and respect. The principals or assistant principals shall not reprimand a teacher or other bargaining unit employee in the presence of his or her colleagues, other teachers and bargaining unit employees, students or parents. Reprimands and criticism shall be made only in a place ensuring privacy.

When a bargaining unit employee receives a pre-meeting notice or disciplinary action, a copy of the notice or principal’s discipline summary shall be promptly provided to the bargaining unit employee and the UNION.

The BOARD shall not issue discipline to any bargaining unit employees based solely on an anonymous complaint.

The BOARD shall not rely on active employees’ records of disciplinary action for any labor relations purposes, nor shall such records be shown or indicated to principals by the BOARD, three years after the issuance of the disciplinary action, provided that nothing in this Section shall be construed to prevent or limit a principal from relying on or viewing any disciplinary records of former employees seeking to be rehired as BOARD employees.

After a total of three written referrals for a student causing serious disruption as defined by the Student Code of Conduct, the principal or the principal’s designee shall have the student, parent or legal guardian and teacher or teachers involved attend a conference on classroom conduct and school rules. The school shall be represented at this conference by the principal or the principal’s designee. If the teacher or teachers involved and the principal or the principal’s designee agree that a procedure other than a parental conference would be most beneficial to the student or is required by law, that procedure may be substituted. This shall be a prerequisite to returning the student to class. The principal or the principal’s designee will provide the referring teacher or teachers with a copy of the misconduct report or, if none, orally advise the referring teacher(s) of the disposition.

If the student continues to cause serious disruption as defined by the Student Code of Conduct, the principal shall commence disciplinary procedures in accordance with the Student Code of Conduct. When a student has been suspended, the principal, or the principal’s designee, and the teacher will take the necessary steps to continue the diagnostic review with the appropriate members of staff to attempt to determine the basic cause of the student’s behavioral problem and the corrective measures to be taken.

Principals, or their designees, shall notify the police in case of serious school-related offenses including, but not limited to, extortion, possession of narcotics, possession of alcohol, arson or attempted arson, serious theft, serious vandalism, false reports of fire or bombs, possession or use of weapons, assault or battery on an employee and reported instances of trespassing. Trespassing is defined as presence without invitation or consent of one in legal possession of the property. Nothing in this Section shall be construed to prohibit a teacher or PSRP who has been the victim of a school-related offense from independently notifying the police of the offense.

A continuous record of student discipline cases shall be maintained by the principal or the principal’s designee and shall be available in the school office for use by the assistant principal, the student’s classroom teachers, counselor, truant officer, psychologist, social worker and school nurse when needed.

The BOARD, through its principals and other administrators, agrees to work with bargaining unit employees, parents and appropriate agencies in seeking solutions to school and classroom discipline problems within the applicable provisions of the Illinois School Code, the Rules of the Board of Education and the Chicago Public Schools Policy Manual.

All other bargaining unit employees shall continue to assist teachers in the maintenance of proper standards of student behavior on the school premises during recess, passing periods and at times of student entrance and dismissal.

Each local school principal, or the principal’s designee, shall have available for day-to-day substitutes local school discipline procedures to be followed by day-to-day substitutes. Day-to-day substitutes, upon reporting for duty, shall request this information from the principal or the principal’s designee.

For the purpose of maintaining communications between the parties, and to discuss any relevant subject of mutual concern, but excluding specific grievances, proposed changes to the Agreement, and specific matters covered by a different committee process, the parties will hold Labor Management Committee meetings on a quarterly basis. The Committee will consist of appropriate representatives of the UNION and appropriate representatives of the Board, including representatives from the Department of Human Resources/Labor Relations, the Law Department, the Office of Budget and Management, relevant operating departments, and other appropriate representatives, as needed. Relevant subjects of mutual concern to be discussed may include matters formerly handled by the Committee on Continuous Process Facilities, the Labor Management Training Committee, and the Emergency Call Out Plans Committee.

The BOARD and the UNION agree to direct the LMCC to evaluate and initiate changes to the current Health Care Plan (the “Plan”) effective June 30, 2013 and thereafter in areas that will facilitate the shift to a preventive health care model and will result in design improvements, cost containment or savings, including but not limited to the following areas:

• Expanded Disease Management Program
• Bio-metric Screening
• Health Fairs
• Weight Management Program
• Utilization Management
• Subscriber Share for Hospital Bills and Co-insurance
• Open enrollment: Comprehensive Communication and Outreach Strategies.
• Prescription Coverage.
• Vendor Performance Management.

Except as provided for in Appendix B, the BOARD shall provide for each full-time teacher or other bargaining unit employee medical and health care benefits, including an indemnity/preferred provider option (PPO) plan and an alternative medical pre-paid group health plan.

In consultation with the LMCC, the BOARD has conducted an RFP process for Insurance Carriers for the Benefit Plans Described herein and in Appendixes B and E for implementation on January 1, 2017. the BOARD may change insurance carriers, Health Maintenance Organizations or administrators or self-insure all or any part of the coverage provided for herein if such change does not reduce the level of benefits, and provided any such change is in conformity with the following:

The following provisions shall facilitate the BOARD’s responsibility to administer the plan of benefits which is collectively bargained. The purpose is to maximize the strength of the BOARD on behalf of the employees to purchase aggressively health care under the plan of benefits in the marketplace.

1. No standing commitment to any carriers, administrator(s), providers or vendors shall be named within the Agreement.

2. All commercial relationships can be competitively evaluated, which may include either being competitively bid formally or rigorously evaluated and negotiated without formal bidding, if administratively and/or economically advantageous, and prudent for the BOARD as fiduciary, subject to all applicable law. The UNION shall be advised of such problems that may be addressed in this manner

3. The PPO networks can be altered if necessary should the BOARD re-evaluate the administrative, vendor or provider relationships, should the full responsibilities of the carrier(s) or administrator(s) be bid or should the current responsibilities be unbundled and competitively evaluated and subsequently awarded.

4. Current HMO configurations may be altered to take advantage of administrative prerogatives and fiscal requirements, and characteristics of the marketplace.

5. Reconfigurations of either the PPO institutions or the number of HMOs under either sections C and D above shall be explicable to the UNION and shall be supported by analyses and not be arbitrary.

6. No reconfiguration of PPO institutions or change in the number or identity of HMOs shall be made except in compliance with the following:

   1. The UNION shall be notified in writing of the intent to change at least ninety calendar days prior to the proposed change where circumstances are within the BOARD’s control. In all other cases, the BOARD will provide the maximum notice as is practicable under the circumstances.

   2. The UNION and the BOARD shall meet within five school days of receipt of the notice by the UNION or at such other mutually agreeable date consistent with the parties’ desire to expedite such meeting.

   3. The notice referred to shall, at the time the notice is given, provide sufficient information to explain the contemplated action and shall include, at a minimum, but shall not be limited to, the following:

      1. the affected PPO institutions or HMOs.

      2. the precise reason(s) the action is being contemplated.

      3. the number of covered participants (employees and/or dependents) receiving in-patient service from such affected institutions or HMOs at the time the notice is given.

      4. the number of covered participants (employees and/or dependents) receiving in-patient service from such affected institutions or HMOs during the preceding twelve months.

   4. The BOARD shall provide to the UNION all additional relevant information which is reasonably available and shall be responsible for notices to participants.

   5. In the event the parties are unable to resolve a dispute within five school days of the first meeting or such other time as may be mutually agreed upon, the dispute shall be submitted to arbitration pursuant to the provisions of Article 3-10 of the Agreement on an expedited basis.

Effective July 1, 2004 and thereafter, the BOARD will provide group life insurance in the amount of $25,000.00 for each bargaining unit employee, including teachers granted a leave for illness, illness in the family, child-rearing or FMLA leave, and other bargaining unit employees on leave for ordinary or duty disability, illness in the family, child-rearing, maternity or paternity leave. Payment of premium for bargaining unit employees on any such leave shall not exceed twenty-five school months.

The BOARD shall provide payment for all medical treatment arising out of job-related accidents or injuries covered under the Illinois Workers’ Compensation Act and Occupational Disease Act.

Partners in a civil union or qualified domestic partners of bargaining unit employees who were designated as qualified domestic partners prior to February 1, 2016 are entitled to the same benefits as are available to the spouses of bargaining unit employees.

This Agreement shall be reopened to further discuss the health plan for the following reasons:

1. Any change(s) in the applicable law(s), including, but not limited to, a universal, national or state health care program mandating significant changes in health insurance benefits that becomes law and is effective during the term of this Agreement and that directly affects the benefits/coverage of BOARD employees and dependents;

2. The lack of achievement of health care cost containment as anticipated by the parties pursuant to the establishment and administration of the Labor-Management Cooperation Committee on health care, as defined as follows:

   1. where health insurance related costs exceed six percent over the prior benefit (calendar) year for any individual plan (i.e., HMOI, UHC HMO, BCBS PPO, UHC PPO or UHC PPO with HRA); or

   2. where the recommendations of the Labor-Management Cooperation Committee on health care are implemented as recommended and fail to result in cost containment or savings as measured by an increase in health insurance related costs over the prior benefit (calendar) year.

If any one of the foregoing events or conditions occurs, either party to this Agreement has thirty days to notify the other party of its intent to reopen this Agreement in order to negotiate the health plan. Should either party elect to reopen negotiations pursuant to this provision, it shall submit written notice to the other party. The status quo shall remain in effect unless otherwise agreed to.

The BOARD's policies and procedures governing paid and unpaid leaves of absence are set forth in the Rules of the Board of Education and the Chicago Public Schools Policy Manual, except as may be modified by this Agreement.

In case of absence exceeding ten consecutive school days due to personal illness, a TAT may apply for and secure a leave of absence without pay, except as provided in the sick pay rule. Such leave shall not exceed five school months unless extended, provided, however, all leaves granted such teachers shall expire at the end of June with the close of the school term.

Personal illness leaves may be extended to a maximum of twenty-five school months for appointed teachers.

In addition to the provisions of Board Rule 4-14(b), whenever the absence of a bargaining unit employee is caused by the death of the teacher’s parent, spouse, domestic partner, child, brother, sister or grandparent, such employee shall be paid the basic salary for the number of days absent from the date of death to the date the employee returns to work provided that the number of days shall not exceed ten days with the last five being applied against accumulated allowable sick leave.

When a leave has been granted for an appointed teacher for travel or study, the absence shall not be construed as a break in service so far as seniority is concerned, and the position shall be held open as provided by Board Rule 4-15(b).

Bargaining unit employees, including any selected by the UNION, may be granted leave with the approval of the Chief Executive Officer and with authorization from the BOARD to attend, without loss of salary, conferences, meetings, workshops or conventions of professional organizations which in the judgment of the Chief Executive Officer are beneficial or related to the work of the schools, or a commencement exercise at which a degree is being conferred on the employee. Such leave to attend a commencement exercise shall be limited to one day.

Bargaining unit employees who have been employed for at least twelve months and who have worked a minimum of 1,250 hours of service during the previous twelve-month period shall be entitled to unpaid leave under the Family and Medical Leave Act (FMLA) as set forth in Appendix G.

Teachers on extended-day programs, including eight-hour-day positions and regularly scheduled classes authorized on an overtime basis (but not including classes established after regular school hours to supplement the regular program, such as after-school classes in reading and arithmetic, driver training programs, evening school programs and social center programs), will be entitled to extended-day pay when absent if entitled to sick pay for the normal school day under the provisions of Board Rule 4-11.

Except in circumstances beyond the teacher’s control, each teacher who has been absent, or the teacher’s designee, shall notify the principal of his or her return by 2:00 p.m. of the day prior to said return.

Appointed teachers and PSRPs who are on a personal illness leave due to an injury that is covered by the Workers’ Compensation Act shall not have their service interrupted for salary purposes, nor shall their absence be construed as a break in service.

In a case of absence exceeding ten consecutive school days due to personal illness, a full-time appointed teacher shall apply for and secure a personal illness leave of absence. Such leave shall not exceed ten school months nor be in excess of a total of ten school months in any two consecutive school years. The teacher’s position shall be held open for ten school months or to the end of the semester immediately following said ten school months upon the written request of the teacher for such extension at least two weeks before the leave expires. Thereafter, the position shall be declared vacant, but the teacher, upon reporting for duty at the expiration of such extended leave, shall be eligible for immediate assignment, and, if not placed in an assignment, shall be placed in the reassigned teacher pool.

A teacher who uses his or her accumulated sick leave for the entire period of personal illness leave shall have his or her position held open.

There shall be no moratorium on sabbatical leaves of absence during the term of this Agreement.

In the case of a bargaining unit employee whose continued illness extends beyond the amount of sick leave earned and accumulated, the Talent Office may authorize extended leave with pay.

A request for extended sick leave must be directed to the Director of Employee Engagement who shall develop standards to ensure that a fair and equitable treatment of all employees is maintained with respect to extended sick leave.

Extended sick leave shall be granted at the discretion of the Chief Talent Officer whose decision shall not be subject to further review.

Upon written request by the bargaining unit employee, the employee shall be permitted to examine or to make a copy of his or her personnel file in the presence of a BOARD representative. Additionally, upon request, the BOARD shall provide bargaining unit employees with a printout of electronic personnel information in accordance with applicable law. Such requests shall not be honored during the two weeks prior to the opening of the school term in September nor during the first two weeks of the school term, due to the work load of the Talent Office at these particular times.

No matters pertaining to the grievance procedure shall be included in the bargaining unit employee’s personnel file, unless so requested by the employee. All matters pertaining to a grievance shall be treated as confidential material by the BOARD and shall not be consulted in decisions regarding re-employment, promotion, assignment or transfer.

No derogatory statement about a bargaining unit employee originating outside of the Chicago public school system shall be placed in the employee’s personnel file, provided, further, that any official report or statement originating within the Chicago public school system may be placed in the employee’s personnel file only if the employee is sent a dated copy thereof at the same time. The employee may respond and such response shall be attached to the filed copy.

No material shall be used in any formal action against any bargaining unit employee, when summoned to a conference in the Office of Employee Engagement, which has not been made available to the bargaining unit employee in advance of said conference. Any material to be used by the UNION or bargaining unit employee shall be presented to the Office of Employee Engagement in the same manner.

In accordance with present practice, a teacher shall be permitted to submit materials which relate to the teacher’s service in the Chicago public school system for inclusion in the teacher’s personnel file.

Bargaining unit employees summoned by the BOARD or Chief Executive Officer or his or her designee for formal action which could be adverse shall be given advance notification as to the subject of the conference and shall have the option of having a UNION representative present and representing the employee. The employee shall be responsible for notifying the UNION. This procedure shall not apply to unsatisfactory evaluation conferences which are covered under Article 39.

Bargaining unit employees who are requested to attend a conference with a parent who is accompanied by a representative of a community organization shall be given advance notification as to the subject of the conference and may have the option to have a UNION field representative present. The employee shall be responsible for notifying the UNION. Nothing herein shall preclude a parent’s being accompanied to a school conference by a person who will serve as an interpreter if a language barrier exists, and nothing herein shall preclude a parent’s being accompanied by another member of the family. In such situations the option to have a UNION field representative present shall not apply.

A vacant position is defined as a budgeted position to which no employee is appointed or assigned and for which an educational program exists.

The BOARD shall post vacant positions in the bargaining unit in accordance with a regular schedule adopted by the BOARD, and the UNION shall have online access to all such postings. The posting shall at a minimum include a description of the duties of the position, the qualifications required for the position, the location of the position if available and the salary range for the position. New and vacant positions shall be posted in a prominent place in the school for ten school days prior to the application deadline.

Unless otherwise required by law or this Agreement, a principal or head administrator shall select candidates to fill vacant positions based on qualifications, certifications, performance ratings if any, relevant experience, merit and ability and without consideration of seniority or length of service.

Teachers may transfer effective the second semester of the school year without the consent of their current principal only when the Talent Office receives the administrative transfer request signed by the receiving principal between seventy-five and thirty calendar days prior to the conclusion of the first semester of the school year. Teachers may transfer effective the end of the school year without the consent of their current principal only when the Talent Office receives the administrative transfer request signed by the receiving principal between seventy-five and thirty calendar days prior to the conclusion of the school year.

The principal shall notify teachers in encumbered and interim positions, in writing, prior to posting or advertising said positions.

This procedure shall also apply to new and vacant positions in the school.

Any otherwise qualified PSRP shall be eligible to apply for any advertised position.

The annual salaries of all bargaining unit employees and all other provisions governing compensation and remuneration are set forth in the salary schedules and provisions attached hereto as Appendix A. Such salary schedules and provisions contained in Appendix A are hereby made a part of this Agreement.

Salary schedules will receive a cost of living adjustment in the following percentages on July 1st of the corresponding fiscal year:

Teachers and PSRPs hired on or after January 1, 2017 will not receive pension pick-up.

Salary schedules for teachers and PSRPs hired on or after January 1, 2017 shall be created which shall phase-in increases to base salary over current base salary of 3.5% effective January and an additional 3.5% effective July 1, 2017.All bargaining unit employees hired on or before December 31, 2016 shall maintain the pension pick-up without change per the predecessor agreement.

NEW – The parties will meet to develop a full description of step and lane advancement to be added to the Agreement.

For the purpose of prorating an employee’s salary to an hourly rate, no distinction shall be made between elementary, middle and high school teachers or clinicians. Hourly rates shall be determined by using 7 hours as the base length of the day and 6.25 hours as the base duty day, regardless of the fact that high school teachers have a 7.25-hour base length of the day and a 6.42-hour base duty day.

Commencing with Fiscal Year 2000, the additional pension contributions of teachers as a result of the “2.2% legislation” shall be made on a pre-tax basis pursuant to Section 414(h) of the Internal Revenue Code. For the purposes of Section 414(h) of the Internal Revenue Code, such contributions will be treated as employer contributions, and it is recognized that employees do not have the option to receive such contributions in cash. This agreement is for the purpose of making such additional pension contribution pre-tax for the employee. Contributions will be deducted from employees’ salaries and do not constitute an additional “pick up” under Article 36-4.1.

Effective February 1, 2016, the PSRP bonus shall be eliminated and effective July 1, 2016 $200 shall be added to PSRPs’ base salary.

The BOARD shall pay a one-time non-pensionable $1,000.00 bonus to PSRPs who become highly qualified within the meaning of the No Child Left Behind Act and applicable state and federal regulations and who present an Illinois State Board of Education certification of highly qualified status to the Talent Office.

All employees are required to utilize direct deposit for the payment of their salaries and other compensation. The BOARD shall provide a written explanation of a payroll adjustment or change on the direct deposit advice where such adjustment or change occurred. The direct deposit advice shall identify the employee’s lane or grade and step placement and the employee’s total number of unused sick days.

Transportation allowance payments shall be received no later than the twenty-first day of each month.

Article 36 shall be amended as follows: CPS will offer an early retirement incentive to teachers who are eligible to retire and who submit their retirement notice on or before March 31, 2017 with an effective retirement date of June 30, 2017 provided that a minimum of 1500 teachers who are currently eligible to retire participate. The incentive program will be a one-time non-pensionable lump sum bonus payment equal to the teachers years of CPS service (not including fractions of years), times $1500, payable by December 31, 2017. If the minimum isn’t met, the teacher will be allowed to rescind the retirement notice.

Article 36 shall be amended as follows:  CPS will offer a voluntary separation incentive to PSRPs who have 10 years of CPS service and who submit their resignation notice on or before March 31, 2017 with an effective retirement date of June 30, 2017 provided that a minimum of 600 PSRPs who are currently eligible to participate. The incentive program will be a one-time non-pensionable lump sum bonus payment equal to the PSRP's years of CPS service (not including fractions of years), times $750, payable by December 31, 2017. If the minimum isn’t met, the PSRP will be allowed to rescind the retirement notice.

The Board will continue the practice and formula in effect for the school 2014-15 school year (or its equivalent) during the term of this agreement with respect to budgetary adjustments for schools that have higher than the average teacher salaries so as not to disadvantage those schools due to higher teacher salaries.

High-cost teacher offset. The BOARD shall augment school budgets at those schools with higher-than-average teacher salaries according to the following method:  On March 1st, the BOARD shall calculate the district-wide average cost of all staffed teacher positions that are funded with SBB or its equivalent under another method and then calculate the average cost of staffed SBB (or equivalent) teachers for each school. If this average cost at any school exceeds the district-wide average, the school will receive a teacher salary adjustment. The amount of the adjustment is calculated by multiplying the difference between the school’s average teacher cost and the District’s average teacher cost, multiplied by the number of staffed SBB teachers at the school.

On July 1, 2012, and each July 1 thereafter, the BOARD shall grant eligible employees one sick day per month, up to twelve sick days per year, based on their anticipated active employment for the next school year. Sick days granted on and after July 1, 2012 that are unused at the end of the Fiscal Year will not be carried over to the next Fiscal Year, except as provided in Article 37-3. The BOARD shall not pay out to any employee the value or any part of the value of any sick days granted on and after July 1, 2012 that are unused at the time the employee separates from employment for any reason.

Sick days awarded on and after July 1, 2012 that remain unused at the end of the Fiscal Year may be rolled over for future use up to a maximum of forty (40) days and may be used for the following purposes: (a) as sick days or for purposes of leave under the Family and Medical Leave Act; (b) to supplement the short-term disability pay in days 31 through 90 to reach 100% income during such period or (c) for pension service credit upon retirement. Sick days accumulated under this Section shall be utilized prior to sick days in the "retained sick day bank" defined in Article 37-4.

Bargaining unit employees shall retain any bank of unused sick days that the bargaining unit employee accumulated prior to July 1, 2012 in a “retained sick day bank.” Employees may use days from their retained sick day bank for the purposes set forth in Article 37-3. Up to 325 retained sick days earned from BOARD employment prior to July 1, 2012 and left unused in the retained sick day bank at the employee’s resignation, retirement or death shall be paid out at the employee’s rate of pay at the time of the employee’s separation based on the following qualifying events and in the following percentages:

An employee who qualifies for a payout pursuant to this Article based upon his/her age and/or years of service and who is laid off shall be afforded a period of twelve (12) months from the date of his/her layoff, or last day in the Reassigned Teacher Pool (whichever is later) to a resignation or retirement in order to qualify for a payout.

Effective January 1, 2013, the BOARD shall establish a short-term disability and paid maternity leave plan for employees at no cost to employees who are eligible for health care benefits.

Employees may donate up to ten (10) sick days from their sick day banks to another employee who is suffering from a serious medical condition and who is on an approved leave of absence. An employee receiving a donation of sick days may not receive more than forty-five (45) days of sick leave in the aggregate from donor-employees and may only receive a donation once during his or her employment with the BOARD.

When TATs are released due to the return from a leave of an appointed teacher to the school, such TATs shall be permitted the following benefits:

1. The BOARD and the UNION agree with the following goals and purposes for teacher evaluation:

   1. To build principals’ and/or teachers leaders’ expertise in observing and analyzing instruction and supporting teacher development.

   2. To engage teachers in reflection and self-assessment regarding their own performance.

   3. To provide teachers with information and guidance to inform their development.

2. The BOARD adopted an evaluation plan and procedures (“the evaluation plan”) on March 29, 2012. That plan was implemented effective with the start of the 2012-2013 school year, and has remained in place since, with year-to-year amendments through the Joint Teacher Evaluation Committee not inconsistent with the collective bargaining agreement. The BOARD shall share with the UNION members of the Joint Committee a draft of the REACH handbook no later than June 30th of each year and the BOARD and UNION members of the Joint Committee shall try to reach consensus on the language before the BOARD publishes the handbook on or about August 1st.

3. The Joint Teacher Evaluation Committee (“Joint Committee”) shall continue its collaboration. The Joint Committee shall consist of five members selected by the UNION and five members selected by the BOARD. The Joint Committee shall meet at least one day per month during the regular school year to discuss and come to agreement on issues related to the teacher evaluation plan implementation that may arise during the term of this Agreement. The Joint Committee shall establish rules surrounding the use of local criteria in evaluation, and no local criteria shall be used or given weight until those rules are established. After a student survey pilot in school year 2013-2014, the Joint Committee shall also determine whether student surveys shall be used as a component of the teacher evaluation plan in school year 2014-2015 and thereafter. Unless otherwise agreed by the Joint Committee, teacher practice scores shall be 75% of the summative rating in school year 2012-2013, 75% of the summative rating in school year 2013-2014 and 70% of the summative rating in school year 2014-2015. Student growth scores shall be 25% of the summative rating in school year 2012-2013, 25% of the summative rating in school year 2013-2014 and 30% of the summative rating in school year 2014-2015. Joint Committee meetings shall occur where possible during the regular school day. Where necessary, members of the committee who are classroom teachers shall be provided with substitute teachers on meeting days.

4. The BOARD and the UNION shall conduct a joint study of the implementation of the teacher evaluation plan. The Joint Committee shall determine what changes, if any, are necessary to improve the content and procedures of the teacher evaluation plan. Any changes to the teacher evaluation plan shall be communicated to all teachers within ten school days of adoption.

5. The BOARD shall provide the UNION with a calendar prior to each school year setting forth the relevant dates in connection with the Evaluation Plan.

6. The BOARD shall not use school-wide value-added growth measures as a component of student growth in an individual teacher’s evaluation.

Observations and Evaluation. Probationary teachers shall be observed and evaluated each school year by a qualified evaluator in accordance with the procedures of Article 39-2.3. A minimum of three observations shall occur each school year, at least two of which shall be formal.

Observations and Evaluation. Tenured teachers shall be observed and evaluated each school year by a qualified evaluator in accordance with the procedures of Article 39-2.3 and as follows:

1. Tenured teachers shall be evaluated annually or biennially by a qualified evaluator in accordance with the teacher evaluation plan. Tenured teachers who received a summative rating of excellent or superior for the 2011-2012 school year shall be placed on a biennial rating schedule and shall be evaluated every two years beginning with the 2013-2014 school year. In school year 2014-2015 and thereafter, tenured teachers rated excellent or proficient shall be given a summative rating on a biennial basis, and all other tenured teachers shall be rated annually. The Joint Committee shall determine the biennial cycle (e.g., alphabetically by even or odd years).

2. Observers shall observe tenured teachers on a biennial cycle a minimum of 3 times during a rating cycle (with no more than 2 observations in one year) and may conduct a 4th observation if the observer and the teacher agree to do a 4th observation.

Post-observation conferences are opportunities for the teacher and evaluator-observer to review the teacher’s performance under the appropriate CPS Framework for Teaching. During that conference, the evaluator-observer and the teacher should discuss opportunities and means to improve teaching performance. After the observation, the evaluator-observer shall issue CPS Framework for Teaching component level scores to the teacher that shall be made available to the teacher on the online data sharing system, together with, among other things, (1) comments about the teacher’s pre-observation preparation, the observation itself and the teacher’s post-observation reflection, (2) identification of specific opportunities for growth, (3) ways and means by which the teacher should pursue opportunities and achieve growth, (4) the resources to be made available to assist the teacher and (5) the evaluator’s follow-up.

Whenever a day-to-day substitute receives an unsatisfactory rating, the Talent Office shall schedule a conference with said day-to-day substitute and the UNION to give the day-to-day substitute a written copy of the reasons for the unsatisfactory rating, discuss the reasons and give positive suggestions for improvement to the day-to-day substitute. The services with the school system of an unsatisfactory day-to-day substitute shall not be terminated until said day-to-day substitute has been given an unsatisfactory rating by at least two principals, unless there is evidence of moral laxity or serious misconduct.

1. As soon as practicable, but no later than thirty school days after the issuance of an unsatisfactory summative evaluation to a tenured teacher, the evaluator shall appoint a consulting teacher to assist the teacher in improving his or her performance to proficiency over a ninety-school-day remediation period.

2. Within thirty school days after the issuance of an unsatisfactory summative rating, the qualified evaluator shall conduct a meeting with the teacher under remediation and assigned consulting teacher. At this meeting, a remediation plan developed by the qualified evaluator, with input from the consulting teacher and the teacher under remediation, shall be distributed to the parties and shall become effective immediately.

3. During the ninety-school-day remediation period, the teacher and the consulting teacher shall work together to improve the teacher’s performance on components of the CPS Framework for Teaching identified in the remediation plan. The teacher and the consulting teacher shall determine a schedule by which the consulting teacher shall observe the teacher’s performance during the remediation period and engage in other activities that may be helpful to the teacher in improving his or her performance to proficiency.

4. During the remediation period, an evaluator will conduct a mid-point and final evaluation of the teacher’s performance, using the CPS Framework for Teaching as the sole measure of performance during the remediation period. If the teacher is rated “proficient” or better at the conclusion of the remediation period, he or she shall have successfully completed the remediation period. Following successful completion of the remediation plan, a qualified evaluator shall continue to monitor the teacher’s performance with quarterly formal observations, including required pre-and post-conferences. After four quarters, the teacher shall be reinstated to a schedule of annual or biennial evaluations.

5. The Joint Committee shall discuss and agree upon issues related to remediation design and implementation.

A teacher appeals process shall be established to contest certain summative ratings given by a qualified evaluator. It shall be comprised of a committee of four active or retired educators, two of whom shall be selected by agreement of the UNION President and the Chief Executive Officer, one of whom shall be selected by the UNION and one of whom shall be selected by the BOARD. All members of the committee shall be qualified evaluators. Both the BOARD and the UNION shall select qualified alternate committee members who may substitute for their regularly appointed members. Individual members of the committee must recuse themselves from cases where they have personal familiarity with the teacher appealing a summative rating and will be replaced by the same appointing entity. The Joint Committee shall determine whether the appeals process exists after school year 2018-2019.

The following teachers will have right to appeal their ratings according to the timelines outlined in Article 39-9.A:

• Teachers rated unsatisfactory
• Tenured teachers receiving ratings in the lower half of developing

The following teachers will have right to appeal their ratings if they are laid off out of order of seniority.

• Teachers rated unsatisfactory
• Teachers rated developing 

The time for appeal shall as set forth in Article 39-9A and shall commence when the teacher receives a notice of layoff/displacement. The notice shall advise the teacher of their right to appeal their rating.

1. A teacher receiving an unsatisfactory rating, and a second consecutive developing rating that results in an unsatisfactory rating, shall be eligible to use the appeals process by filing a notice of intent to appeal with the appeals committee within ten days of receipt of the rating and then the appeal within thirty calendar days after receipt of the rating. The teacher must also submit a copy of the appeal to the teacher’s principal or head administrator. In the appeal, the teacher must state the factual basis for the appeal and identify the evidence that supports the appeal. An appeal may be based on student growth ratings in whole or part only if the teacher identifies a data integrity or data analysis error.

2. Upon receiving an appeal, the appeals committee shall review the written record of the rating. The “written record of the rating” includes (1) the documents and materials submitted by the teacher to the evaluators during pre-conferences and post-conferences or at other times as evidence of the teacher’s practice and (2) the evaluator’s observations, comments and feedback. The written record of the rating shall not include materials and evidence that the teacher or evaluator was not privy to during the rating process.

3. If the committee determines the written record of the rating to be insufficient to make a ruling, it shall schedule a meeting with the teacher at which the teacher shall be represented by the UNION and with at least one of the qualified evaluator-observers who contributed observation ratings to the teacher’s rating. The meeting shall take place within ten school days of receipt of the appeal.

4. The BOARD shall provide the teacher and the UNION with all evidence used by the qualified evaluator to determine the summative rating under appeal five days prior to the meeting.

5. After reviewing the written record of the rating, the appeals committee shall have the right to meet with the teacher and to determine if a formal observation of the teacher appealing the rating shall take place to assist it in its determination. If an observation does take place, the two jointly appointed appeals committee members must conduct the pre-observation conference in accordance with Article 39-2.3(C)(2), and the observation shall take place within five school days of the pre-observation conference.

6. After a review of the written record of the rating and any interview with the teacher and evaluator, and any observation, and following deliberation, the appeals committee may overturn the rating if three of its members conclude that the rating under review is erroneous. If the appeals committee determines by majority vote that the teacher’s appeal is to be granted, the BOARD shall revoke the summative rating under appeal and issue the teacher an appropriate summative evaluation. A different qualified evaluator shall be assigned to the teacher during the next school year who shall follow all applicable provisions of this Article. No developing rating that results from a sustained appeal of an unsatisfactory rating shall count towards the two-developing rule.

7. An appeal shall not delay the commencement of a professional development plan or remediation plan.

No teacher’s name shall be placed on a “do not hire” list unless the teacher has been removed for cause in accordance with the appropriate provision of the Illinois School Code or the teacher has received an unsatisfactory rating and failed remediation.

The changes made in this Agreement to the Evaluation Procedure in place under the 2012-2015 Agreement shall be effective for the 2016-2017 school year and thereafter.

The principal, in programming a teacher, shall (1) keep the number of preparations to a minimum; (2) ability and qualifications being equal, follow the policy of rotation among qualified personnel in the matters of sessions, teaching, building assignments, special classes, honors and other modified classes and division rooms; (3) consider the teacher’s professional background and preparation; and (4) in elementary schools, ability and qualifications being equal, program teachers for the grade level at which they have the most experience, except that any teacher may request a change in grade level assignment.

No later than May 1 of each year, preference sheets shall be distributed to all teachers. A teacher’s preference will be honored, to the extent possible, consistent with Article 40-1 above.

A tentative teaching program for the next school year shall be presented to each teacher by June 1 of the current school year. Teachers will be notified of any changes to the aforementioned teaching program, in writing, as soon as possible.

Where administratively possible, no teacher shall have more than three consecutive teaching assignments. Exceptions shall be allowed for teachers teaching double-period classes or completing part of their teaching assignment outside of the school building.

Where administratively possible, the number of different rooms to which a teacher is assigned shall be held to the absolute minimum.

Where administratively possible, the number of lesson preparations shall not exceed three, and every effort shall be made to keep the number at two. Honors and other modified classes shall be considered as separate preparations. Teachers with a full teaching program shall be given preference in the assignment of the number of preparations.

In elementary schools with ability grouping within a single grade level, ability and qualifications being equal, the principal in programming the teacher shall follow the policy of rotation of teacher assignments within the grade level.

In the event a teacher is programmed to teach a grade level (e.g., early childhood, primary, middle or upper elementary grades) or content area that he or she has not taught in the last four school years, upon request of the teacher, the principal shall explain why the change was made and, upon the request of the teacher, work with the teacher to develop a relevant professional development plan for the teacher.

If a teacher’s course or elementary grade band assignment for the subsequent year is changed after the first day of classes, the teacher will be excused from Principal-directed preparations for the first quarter of the year to enable him/her to prepare for to deliver instruction in the new course or grade band assignment. For these purposes, “grade band” means either

• K to Grade 2
• Grades 3 to 5 or
• Grades 6 to 8.

In making any assignment changes, principals shall take into account whether the teacher is a candidate for National Board Certification and whether the new assignment will negatively impact the teacher’s ability to complete the candidacy. Absent exigent circumstances, the principal will strive to avoid any negative impact on the NBC candidacy.

The policy and procedure governing appointments and assignments for teachers is set forth in the applicable provisions of the Rules of the Board of Education and Chicago Public Schools Policy Manual as modified by Appendix H.

The layoff of teachers is governed by the policy set forth in Appendix H. The BOARD shall not change said policy during the term of this Agreement.

All newly created or vacant head teacher positions shall be filled by contract principals in compliance with the applicable provisions of Article 35. Head teachers so selected shall have terms that are co-terminus with the principals who select them, unless removed for unsatisfactory performance. If their terms of office are not extended, they shall be granted all rights and privileges of appointed teachers.

In the event a bargaining unit employee, who is eligible for vacation pay under this Article, has not received pay due to death which occurred preceding, during or within sixty days after said vacation period, the estate or appropriate legal beneficiary shall be entitled to apply for said vacation pay.

Effective July 1, 2004, TATs and appointed teachers displaced from full-time service by the BOARD, other than for unsatisfactory service, shall be eligible for vacation pay for service rendered as a TAT or appointed teacher up to the maximum number of days allowed under the formula stated in Article 43-1, provided that such otherwise eligible teacher has been paid as a day-to-day substitute or Cadre substitute during the payroll period immediately preceding the vacation period.

Effective September 15, 1983, PSRPs displaced from full-time service by the BOARD, other than for unsatisfactory service, shall be eligible for vacation pay for service rendered as a PSRP up to a maximum number of days allowed under the formula stated in Article 43-1, provided that such otherwise eligible PSRP has been paid as a BOARD employee during the payroll period immediately preceding the vacation period.

Eligible day-to-day substitutes, Cadre substitutes or eligible PSRPs shall make written application for vacation pay to the Office of Employee Engagement within ninety days after said vacation period. Said application shall be reviewed in accordance with established policy and the provisions of Article 43. Vacation pay shall be paid to eligible applicants at the rate of pay the teacher or PSRP was receiving on the last day of full-time service. In no case shall any such claim for vacation pay be considered if filed more than ninety days after the end of the vacation period.

Proposals seeking federal and state funds for specific programs shall be written in compliance with the applicable provisions of this Agreement. Prior to the submission of any application for federal and state funds by the BOARD's central administration that relates to the provisions of this Agreement, the BOARD shall consult with the UNION regarding the application and shall thereafter provide the UNION with a copy of the final application.

Bargaining unit employees required to attend in-service training programs outside their regularly scheduled hours shall be paid at their regular rates of salary.

No teacher shall be required to perform such custodial duties as emptying trash, dusting erasers, washing boards, dusting, placing chairs on desks or returning furniture to its proper place.

The BOARD’s objective is that all schools are provided with washrooms and rest areas for men and women teachers that are private, clean and comfortable.

Hallways, classrooms, washrooms, entrance areas, lounge areas, lunchrooms, teachers’ rooms and playgrounds shall be cleaned daily.

Final action or decisions made at faculty meetings shall be posted on school bulletin boards or published in the school’s daily or weekly bulletin.

Bargaining unit employees shall not be required to perform the duties of a child welfare attendant, a special education classroom assistant or other job titles required to provide hygienic care to students and shall not be required to perform other duties outside the bargaining unit on a regular basis.

The BOARD’s objective is that bargaining unit employees should be provided with off-street parking areas for their automobiles and that this area shall, to the extent possible, be secure and adjacent to the school. In the event bargaining unit employees must park on the street in permit-only parking neighborhoods, the Board and the Union will work with the City of Chicago to issue to schools parking permit for use by members during school hours.

The BOARD’s objective is that bargaining unit employees assigned to a permanent work station should be provided a special lunch area and, when this area is not a regular lunchroom, facilities for warming, refrigerating and storing food shall be provided, to the extent that these items are provided for in the annual budget adopted by the BOARD.

In all schools where an intercom is used, an oral signal shall be given to indicate the intercom is beginning to be put into operation, or a light shall be installed on each outlet to indicate when the intercom is in operation.

Principals and head administrators shall provide physical facilities for bilingual and special education teachers who have classroom divisions to teach their classes on a comparable basis with other classroom teachers in the same building.

Unless precluded by the specific needs of an educational program, the BOARD shall offer to qualified bargaining unit employees the opportunity to work beyond their regular work day or work year prior to seeking the services of outside vendors to perform said work.

The BOARD and the UNION agree that no employee of the BOARD shall be punished or rewarded, harassed or discriminated against in any manner because of participation or lack of participation in activities relating to work stoppage (strike). Nothing herein shall preclude the right of the UNION from implementing UNION policy as to its members.

High school music teachers, with prior approval of the principal, shall be permitted to select sheet music, records, tapes, DVDs and CDs that are not on the approved list.

Immediately upon changing residence or telephone numbers, each bargaining unit employee shall give written notice to the employee’s immediate supervisor and also submit a notice of change card to the BOARD through the office of the school or work location.

All BOARD employees who wish to confer with a teacher or teachers shall report to the principal, or the principal’s designee, immediately upon arrival and shall sign the official register.

All bargaining unit employees shall give written notice of intention to resign or retire at least ten school days prior to the effective date thereof. Such notice shall be filed with the administrator of the work location and a copy shall be filed with the BOARD. No employee who on or after February 1 of a school year submits a notice of resignation or retirement that is effective at the end of that school year shall be laid off or honorably terminated prior to the effective date of his or her resignation or retirement.

The BOARD shall assign to each bargaining unit employee an employee identification number separate and distinct from his or her Social Security number. The BOARD shall only use an employee’s Social Security number for identification purposes when such use is required or permitted by law. The BOARD shall exercise its best efforts to prevent the unauthorized disclosure or publication of employees’ Social Security numbers.

The BOARD agrees that all application software utilized by UNION-represented employees in the normal course of their duties shall be tested, prior to installation and roll out, for proper functionality. The BOARD further agrees that the Chief Information Officer or his or her appropriate designee shall meet, upon request, on a monthly basis with representatives of the UNION to discuss matters of mutual concern. During such meetings, the UNION shall be permitted the opportunity to raise any information technology related issues or problems and to provide the BOARD representative with potential solutions. All matters requiring additional action shall be addressed as expeditiously as possible, taking into consideration the UNION’s proposed solutions, with an estimated timeline to completion and updates at reasonable intervals provided to the appropriate UNION representatives.

Every teacher shall have access during the school day to a functioning computer with internet access, software, photocopier, facsimile machine and a printer. The BOARD and the UNION share the goal that every teacher shall have a functioning computer with internet access and software at his or her desk. In order to achieve that objective, the BOARD will conduct a survey to determine how many teachers do not have a functioning computer on their desks and work with the UNION to develop a plan to ensure that teacher have such equipment at their desks. The BOARD's survey of the schools shall be completed no later than January 31, 2013 and the plan developed no later than June 30, 2013.

If the BOARD, principals or other administrators require bargaining unit employees to complete any additional paperwork on a regular basis that is not required by law, whether the work is by paper or electronic, the BOARD shall reasonably mitigate the additional paperwork increase by eliminating other clerical work or paperwork for bargaining unit employees.

The Union will identify up to 30 items of paperwork that teachers are currently mandated to complete that they believe are redundant, obsolete or better (more efficiently and effectively) accomplished by other means. The Board will discuss those items with CTU and on those paperwork requirements on which there is agreement that the items are redundant, obsolete or better accomplished by other means, the Board shall eliminate that requirement promptly.

Computer systems used to store confidential information shall be designed and maintained to ensure the security of such information.

The BOARD shall provide bargaining unit employees with written certification as proof of their completion of CPDUs or CEUs at the end of professional development sessions.

The principal or head administrator shall provide interpreters for teachers to talk to parents at report card pick-up at the teacher's request.

The following behaviors are inconsistent with a respectful working environment and are impermissible: (a) verbal abuse, which includes, but is not limited to, obscene, threatening, humiliating or intimidating language; and (b) non-verbal abuse, which includes acts that are threatening, humiliating or intimidating. Individual, group or school-wide meetings shall not be utilized to threaten, humiliate or intimidate bargaining unit employees. Employees shall suffer no retaliation for reporting, grieving or protesting workplace bullying. The BOARD shall designate its Equal Employment Compliance Office to investigate allegations that employees, vendors or staff are creating undignified or disrespectful working environments or conditions. Such remedies and corrective actions may include, but are not limited to, reversing adverse actions, directing the training of an employee regarding proper professional conduct toward all employees and vendors, discipline and debarment to the extent permitted by law and/or other corrective actions.

Each principal or head administrator shall provide reasonable daily break time to an employee who needs to express breast milk for her child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Each principal or head administrator shall provide nursing mothers with a private space (other than a restroom) in close proximity to her work area where she may express her milk in privacy.

Commencing July 1, 2016, the BOARD will pay the UNION up to a maximum of $750,000.00 per year, no more than $11,000.00 per candidate, for the purposes of candidate support, NBCT renewal, and program management. The program shall be open to all BOARD teachers, counselors, and librarians. For SY2015-16, the Board shall pay to the CTU the following:

• $320,000 for training 40 first-time NBCT candidates;
• $176,000 for 44 NBCT renewal candidates; and
• $150,000 for a management fee.

The BOARD shall post online all policies and procedures, including any changes thereto promptly upon approval by the BOARD, and shall endeavor to implement a more user-friendly online access process.

Prior to the start of each school year and promptly as changes are made, the BOARD shall distribute Sections 605.7 (Grade Change) and 705.5 (Student Code of Conduct) of the Chicago Public Schools Policy Manual and the “Procedural Manual for Educating Students with Disabilities in the Chicago Public Schools” to all bargaining unit employees electronically. The BOARD will also provide bargaining unit employees with electronic notice of links to other BOARD policies, publications and resources identified by the UNION that are available on the BOARD’s website.

The development of instructional plans, including both unit and lesson plans, is a professional responsibility vital to effective teaching. Principals and/or network administrators shall not require that teachers submit separate unit and lesson plans. Special Education teachers who are working in a co-teaching setting or not providing direct instruction shall supplement the general education teacher’s unit or lesson plan, and shall not be required to submit a separate unit or lesson plan. The organization, format, notation and other physical aspects of and the instructional strategies to be used for the lesson plan are within the teacher’s discretion. Principals or supervisors may require that teachers include certain categories for in instructional plans (i.e., content standards, student learning outcomes, methods of assessment, learning tasks and materials, grade‐appropriate levels of texts, differentiated instructional strategies that meet the needs of the individual students in the class) but may not require a particular format or organization, except when required by accrediting agencies of particular programs that schools are implementing (e.g., International Baccalaureate). Common instructional plans for courses or subjects may be developed and used by grade bands or subject departments. Teachers shall have reasonable time to submit lesson plans or supplements.

The Board and the Union will create ad hoc professional problems committees (PPC) to address concerns within administrative units other than schools on an as needed basis and upon request of the Union. The unit PPC will be formed to share information relevant to the entire unit and to discuss and resolve unit-wide problems, including but not limited to issues of excessive paperwork. The unit chief shall be a member of an ad hoc unit PPC. The Union shall have five members on a unit PPC. The Union shall designate a Union chair, who shall be responsible for developing agendas and communicating with the unit chief. When a unit PPC is created, the PPC shall meet monthly or more often if the Union chair and the unit chief agree until the issues that led to its creation are resolved. The unit chief may have the assistance of principals and network staff in conducting the meeting.

In the event that the BOARD decides to contract for certified nursing services, the BOARD shall meet and confer with the UNION prior to contracting to discuss whether there are alternatives to contracting.   If the BOARD contracts, it will bargain with the UNION over the impacts and effects of the contract on the bargaining unit.

At the end of each semester, teachers shall be provided a sufficient amount of nonteaching time during the school day to complete cumulative record cards, registration cards, emergency information cards and transfer records for students.

The BOARD and the UNION agree that standing committees shall be established as set forth in this Article. The parties also agree to establish joint BOARD-UNION study committees on an ad hoc basis.

All joint BOARD-UNION committees established through the provisions of this Agreement shall submit their reports to the Chief Executive Officer. After submission to the Chief Executive Officer, a copy of the committee’s report shall be provided to the UNION and to the appointed committee members. The Chief Executive Officer will provide to the UNION and to each appointed committee member the Chief Executive Officer’s recommendations pertaining to the committee’s report before it is discharged.

Unless otherwise agreed, committees created pursuant this Article shall have ten members with five individuals designated by the Chief Executive Officer and five individuals designated by the UNION President.

In order to implement the joint policy of the BOARD and the UNION to work affirmatively to give each student the advantage of an integrated school and a comprehensive world view, the BOARD agrees as follows: (a) in concert with the UNION, to encourage appointed teachers to apply for transfers under the provisions of this Agreement; (b) in concert with the UNION, to encourage the extensive use of curriculum, texts and supplementary materials that represent contributions made to civilization by all elements of our population; and (c) as funds are available, to develop programs and select schools to receive the services and personnel required to deal comprehensively and effectively with the total needs of a student in a school so that all elements of a sound educational structure are present, such as drastically reduced class size, additional teachers, additional counselors, reading specialists, clinicians and teacher assistants.

The BOARD and the UNION agree to urge the publishers of standardized tests for students to include questions as appropriate on the contributions of African-Americans, Latinos, Asian-Americans and other minority groups and women to world and United States history; labor history; and the struggle for human rights and gender equality in the world and United States past and present.

During the term of this Agreement, the UNION agrees not to strike nor to picket in any manner which would tend to disrupt the operation of any public school in the city of Chicago or of the administrative offices or any other facility of the BOARD. During the term of this Agreement, the BOARD agrees not to engage in any lockout.

The inclusion in this Agreement of any provision that is a permissive subject of bargaining or a provision which was otherwise affected by virtue of the 2003 and 2011 Amendatory Acts to 115 ILCS 5/4.5 of the Illinois Educational Labor Relations Act shall not be deemed in any way as a waiver, concession or compromise of the BOARD’s or the Union’s rights under said Acts. Notwithstanding the foregoing, the parties shall abide by all the terms of this Agreement.

Recognition by the BOARD of the UNION as the sole and exclusive bargaining agent shall continue provided, however, that should any other employee organization seek to represent employees in the bargaining unit, as defined in Article 1-1, such request shall be dealt with and governed pursuant to the provisions of the Illinois Educational Labor Relations Act.

The BOARD shall not be required to bargain over matters of inherent managerial policy within the meaning of the Illinois Educational Labor Relations Act or Illinois School Code, which shall include such areas of discretion or policy as the functions of the BOARD, standards of services, its overall budget, the organizational structure and selection of new employees and direction of employees; provided, that in order to preserve the rights of the parties predating this Agreement, the BOARD shall be required to bargain collectively with regard to any matter concerning wages, hours or conditions of employment about which they have bargained for and agreed to in a collective bargaining agreement prior to the date of this Agreement; provided further, that nothing herein shall affect the rights of the UNION or any employee under Article 3. The BOARD, however, shall be required to bargain collectively with the UNION with regard to policy matters directly affecting wages, hours and terms and conditions of employment as well as the impact thereon upon request by the UNION.

This Agreement shall commence on July 1, 2015 and expire on June 30, 2019.

In the event either party wishes to modify or amend this Agreement, written notice thereof shall be given to the other party at least twenty days prior to the consideration of said modification or amendment and, if said modification or amendment is thereafter mutually agreed upon, this Agreement will be so amended.

Neither the BOARD and its representatives nor the UNION and the members of the bargaining unit shall take any action violative of or inconsistent with any provision of this Agreement. The parties agree that, if either has made a proposal not included herein, such proposal has been withdrawn in consideration of the making of this Agreement.

A guide to calculating bi-weekly gross pay using these salary schedules can be found below the following table of contents for Appendix A-1.

1. Bi-weekly pay calculation. This page is designed to help you calculate your gross pay (pay before taxes, insurance and other deducations) for a typical 10-day pay period.

2015-2016 School Year

TBD

TBD

TBD

TBD

TBD

TBD

TBD

(Formerly FULL-TIME BASIS SUBSTITUTE TEACHERS (NO LONGER APPLICABLE))

TBD

TBD

(Formerly RETIRED TEACHERS)

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

TBD

Employee Contributions. 

LMCC program. 

Wellness premium differential. 

1. The school principal shall meet with the faculty during the school day to discuss any proposal which may require a waiver from any provision of this Agreement.

2. In order to secure a waiver from any provision of this Agreement, a secret ballot vote shall be conducted among all UNION members assigned tothe school.

3. The procedures for conducting such a vote shall be mutually agreed upon between the principal and the school delegate. If no school delegate has been appointed or elected to the school, then procedures shall be agreed upon without delay with a UNION representative. The principal will post the proposed waiver at least forty-eight hours prior to the vote.The UNION may schedule a private meeting at the school with the bargaining unit members prior tothe vote.

4. A majority of fifty percent plus one of the UNION members voting shall be required to approve a waiver. A waiver that is rejected may not be submitted more than once in any school year.

5. If the waiver is approved, the principal and the school delegate shall sign the waiver indicating that the voting procedures were followed and reporting the results of the vote.

6. Copies of this approved waiver shall be forwarded immediately to the Office of Employee Engagement and the UNION.

7. The approved waiver automatically terminates at the conclusion of the school year.

8. Failure to implement the procedure, failure to implement the approved waiver or improper implementation of the approved waiver shall be subject to the grievance procedure pursuant to Article 3.

9. The BOARD shall develop and distribute procedures for waivers of BOARD policies and procedures.

Teachers

• Early Childhood Teachers
• Elementary School Teacher
• Middle School Teacher
• High School Teacher
• Temporarily Assigned Teacher
• Cadre Substitute
• Day-to-Day Substitute
• City-Wide Non-School-Based Teacher Coach
• Teacher Leader
• Professional Development Teacher
• Part-Time Teacher
• Counselor
• Librarian
• School Nurse
• School Psychologist
• School Social Worker
• Speech Pathologist
• Physical Therapist
• Occupational Therapist
• Playground Teacher*
• Stadium Director*
• Itinerant Teachers of the Deaf and Hard of Hearing
• Assistive Technology Itinerants
• Augmentative Communication Itinerants
• Early Childhood Special Education Itinerants
• Hospital Teachers
• Itinerant Teachers of the Visually Impaired
• Orientation/Mobility Specialists
• Instructional Support Leaders *

* Administrative position subject to negotiated terms

Paraprofessional and School-Related Personnel

• Audio-Visual Technician
• Audiometric and Vision Screening Technician
• Community Relations Representative I, II
• Computer Technician
• Educational Sign Language Interpreter I, II, III
• Guidance Counselor Assistant
• Health Service Nurse
• Head Start Educational Resource Assistant
• Head Start Health Resource Assistant
• Head Start Parent Resource Assistant
• Head Start Social Service Resource Assistant
• Hospital Licensed Practical Nurse
• Instructor Assistant I, II
• Interpreter Clerk
• Occupational Therapist Assistant
• Parent Advocate
• Parent Advocate–Bilingual
• School Assistant
• School Assistant–Bilingual
• School Assistant–Bilingual–Spanish
• School Assistant II
• School Assistant II–Bilingual
• School Assistant II–Bilingual–Spanish
• School Clerk Assistant
• School Clerk I
• School Clerk I–Bilingual–Spanish
• School Community Representative
• School Library Assistant
• School Library Assistant II
• School Social Service Assistant
• Special Education Support Clerk
• Speech/Language Pathology Paraeducator
• Speech/Language Pathology Paraeducator–Bilingual
• Student Special Needs Program Assistant
• Student Special Services Advocate
• Teacher Assistant
• Teacher Assistant–Montessori Program
• Teacher Assistant II
• Teacher Assistant II–Montessori Program
• Technology Coordinator I, II, III
• Truant Officer*
• College and Career Coach
• CTE College and Career Coordinator
• Youth Intervention Specialist
• Attendance and Truancy Specialist
• Post-secondary Liaison

*Positions Not Currently Funded.

Appendix D also includes any other employee category or position inadvertently omitted from Appendix D yet historically represented by the UNION.

1. MEDICAL BENEFIT

   1. Health Care Plan Design Effective

      1. Plan Design.

         Effective January 1, 2017, the Board shall implement plan design changes to its health care program as per the January 29th offer, including implementation of option 4 on formulary and the reduction to three healthcare plans (HMO based on low-cost model from prior agreement; PPO based on high-cost model from prior agreement; and HSA).

      NOTE: The following comparison chart is a brief description of CPS’s Plan as of January 1, 2013 and is not meant to interpret, extend or change the provisions of the Plan. The Plan document shall govern if there is a discrepancy between this document and the actual provisions of the Plan.

      Benefits Highlights (for eligible expenses)	Lower-Cost HMO	Higher-Cost HMO	Lower-Cost PPO with HRA		Lower-Cost PPO		Higher-Cost PPO
      			In-Network	Out-of-Network	In-Network	Out-of-Network	In-Network	Out-of-Network
      Health Reimbursement Account (employer paid) (not applied towards deductible nor out-of-pocket maximum)	n/a	n/a	$500 employee only $1,000 employee plus one and employee plus family	$500 employee only $1,000 employee plus one and employee plus family	n/a	n/a	n/a	n/a
      Annual Deductible (not applicable to services with co-pays)	none	none	$1,000 per person after HRA is exhausted $2,000 per family after HRA is exhausted	$2,000 per person after HRA is exhausted $4,000 per family after HRA is exhausted	none	$600 per person $1,200 per family	$400 per person $1,200 per family	$800 per person $2,400 per family
      Out-of-Pocket Maximum (including deductible)	n/a	n/a	$2,250 per person $4,500 per family	$11,500 per person $34,000 per family	$2,000 per person $4,000 per family	none	$2,400 per person $4,800 per family	none
      Lifetime Maximum Coverage	Unlimited
      Care in Physician’s Office (general doctor office visits such as x-rays, allergy shots and chemotherapy)	100% after $30 co-pay per visit	100% after $30co-pay per visit	80% after deductible	50% after deductible	100% after $15 co-pay per visit	50% after deductible	100% after $25 co-pay per visit	50% after deductible
      Preventive (preventive screening) (routine physical check-ups for adults and children, mammograms, PSA, pap smears, HPV screenings, physicals and immunizations)	100% (no co-pay) (no deductible)	100% (no co-pay) (no deductible)	100% (no co-pay) (no deductible)	50% after deductible	100% (no co-pay) (no deductible)	50% after deductible	100% (no co-pay) (no deductible)	50% after deductible
      Pre-Certification through Vendor Selected by the Board	HMO participants are not required to obtain pre-certification through vendor selected by the Board. Referrals are handled by participants’ primary care physicians.		If a PPO participant fails to obtain pre-certification as required or fails to follow vendor’s recommendations, the participant will be responsible for 50% of the eligible charges capped at $1,000 per individual/per event/per confinement in addition to any co-insurance. Also, benefits can be further reduced if it is determined that the treatment or admission is not medically necessary.
      Inpatient Hospital Services
      Hospital (Semi-Private) Room and Board	100% after $200 co-pay per admission	100% after $200 co-pay per admission	80% after deductible	50% after deductible	80%	50% after deductible	80% after deductible	50% after deductible
      Doctor’s Visits (including specialists, x-rays, labs, drugs, surgeon’s fees and anesthesiologists)	covered in full	covered in full	80% after deductible	50% after deductible	80%	50% after deductible	80% after deductible	50% after deductible
      Outpatient Hospital Care (including surgery)	covered in full after $175 co-pay per visit	covered in full after $175 co-pay per visit	80% after deductible	50% after deductible	80%	50% after deductible	80% after deductible	50% after deductible
      Maternity
      Prenatal/Postnatal	100% after $30 co-pay per admission	100% after $30 co-pay per visit	80% after deductible	50% after deductible	100% after $15 co-pay per visit	50% after deductible	100% after $25 co-pay per visit	50% after deductible
      Hospital Coverage (mother and newborn)	100% after $200 co-pay per admission	100% after $200 co-pay per admission	80% after deductible	50% after deductible	80%	50% after deductible	80% after deductible	50% after deductible
      Covered Emergency Care
      Emergency Care (if emergency)	100% after $125 co-pay per visit	100% after $125 co-pay per visit	100% after $125 co-pay per visit	100% after $125 co-pay per visit	100% after $125 co-pay per visit	100% after $125 co-pay per visit	100% after $125 co-pay per visit	100% after $125 co-pay per visit
      Ambulance (if emergency)	100%	100%	100% after deductible	100% after deductible. Additional out of network costs may apply	100%	100% after deductible. Additional out of network costs may apply	100% after deductible	100% after deductible. Additional out of network costs may apply
      Mental Health and Substance Abuse
      Inpatient	100% after $200 co-pay per admission	100% after $200co-pay per admission	80% after deductible	50% after deductible	80%	50% after deductible	80% after deductible	50% after deductible
      Outpatient	100% after $20 co-pay per visit	100% after $20 co-pay per visit	80% after deductible	50% after deductible	80%	50% after deductible	80% after deductible	50% after deductible
      Basic Vision Plan *Employees have the option of purchasing additional coverage by enrolling in the Enhanced Vision Plan, which is described in paragraph (B)(3) below.	annual eye exam through network provider covered at 100% after $15 co-pay discounts on eyewear and supplies
      Therapy (physical, occupational and speech therapy for restoration of function) (services for acquisition of function not covered) (limited to 60 visits per calendar year per therapy)	100% for the number of visits which, in the judgment of the attending or consulting physicians, are sufficient for significant improvement	100% for the number of visits which, in the judgment of the attending or consulting physicians, are sufficient for significant improvement	80% after deductible	50% after deductible	100% after $15 co-pay per visit	50% after deductible	100% after $25 co-pay per visit	50% after deductible
      Chiropractic Care (unlimited visits if medically necessary)	100% after $30 co-pay per visit	100% after $30 co-pay per visit	80% after deductible	50% after deductible	80%	50% after deductible	80% after deductible	50% after deductible
      Care in Skilled Nursing Facility (non-custodial) (up to 120 days per year if medically necessary)	100%	100%	80% after deductible	50% after deductible	80%	50% after deductible	80% after deductible	50% after deductible
      Prosthetic Devices and Medical Equipment	100%	100%	80% after deductible	50% after deductible	80%	50% after deductible	80% after deductible	50% after deductible
      Prescription Drugs (preferred drug list) (retail is for up to 30-day supply) (mail is for up to 90-day supply) (maintenance drugs: five maximum at retail and then must use mail to avoid 40% penalty) *Your cost will be the co-pay or the price of the prescription, whichever is less. *Drug prescriptions filled without presenting a card will result in a 40% penalty.	Retail (co-pay per prescription) in retail pharmacy network Generic: $10 Preferred Brand: $25 Brand: $40 Mail (co-pay per prescription) Generic: $15 Preferred Brand: $40 Brand: $60 Retail purchases out of retail pharmacy network: Generic: 60% of the cost of a covered prescription for generic Brand: 60% of the cost of a covered prescription for brand drugs, up to 60% of the cost of an equivalent generic drug if an equivalent generic is available

   2. Insurance Benefits–Other

      1. PRE-CERTIFICATION.

         The pre-certification penalty for failure to pre-certify shall be 50% of the cost of services capped at $1,000. The BOARD will continue to provide information about pre-certification to its employees during the Open Enrollment period. The BOARD agrees that employees should be provided with additional information materials upon which to base health care decisions and will design a specific communication piece such as a section of the annual open enrollment materials, or other communication.

      2. CHRONIC CARE/DISEASE MANAGEMENT PROGRAM.

         The parties agree to continue to maintain a chronic care/disease management program. The program shall provide individualized/customized treatment plans, education support, monitoring via nurse care coordinators, communications to employees through the internet and mail, and targeted phone calls to engage employees in preventive actions.

      3. ENHANCED VISION PLAN.

         The BOARD shall continue to offer an employee-paid vision plan providing contacts/lenses every 12 months and frames every 24 months. Employee premiums are as follows:

         • Employee: as determined by insurer, or if self insured as determined by vendor.

         • Employee + 1: as determined by insurer, or if self insured as determined by vendor.

         • Family: as determined by insurer, or if self insured as determined by vendor.

         In addition, there will be a $130 frame allowance every 24 months and a $130 contacts/lenses allowance every 12 months covered in network. Greater allowances may be provided at the discretion of the BOARD.

      4. PHARMACEUTICAL BENEFIT.

         The prescription drug benefit shall continue to include the following terms:

         • Annual mailing providing employees with summary of Rx expenses and recommendations to save employees money such as for generic substitutions.

         • Retail Fill Restrictions (initial fill + 4, then employee must use mail order to avoid penalty).

      5. BENEFITS ELIGIBILITY FOR NEW HIRES.

         A newly hired employee will continue to be eligible for health care benefits beginning on the first day of the month following his or her date of hire.

      6. EMPLOYEE ASSISTANCE PROGRAM.

         An Employee Assistance Program shall continue to be maintained as part of the health care program.

   3. Benefit Information

      The BOARD currently provides a guide, providing an overview of its health care plans to new employees and re-hired employees and during the annual Open Enrollment period, and the BOARD will continue to do so. The guide will be available online to allow employees to view current plan information electronically.

      The BOARD benefit plans provide a toll-free hotline and an online site for members to access with questions regarding their health care plan. The hours of operation for each health care plan are 8:00 a.m. to 6:00 p.m. Additionally, the BOARD has a Benefits Customer Service team which answers calls during business hours.

      As a result of the PeopleSoft conversion, the BOARD relies on a unique identification number (“UID”) for all employees. The BOARD will work with each of its vendors to ensure that employees are routinely identified by these UIDs as opposed to the employees’ Social Security numbers.

   4. Anti-Fungal Drugs.

      Since August 1, 2006, the BOARD has covered the following anti-fungal prescriptions: GRIFULVIN V; GRIS-PEG; GRISEOFULVIN; LAMISIL; SPORANOX; and PENLAC.

2. DENTAL BENEFIT

   Employees and eligible family members will have the choice of PPO or Managed Care.

   PPO Dental Plan: Member selects an in-network or an out-of-network provider.

   Managed Care: Member selects a dentist in the provider network.

   Services	PPO In-Network	PPO Out-of-Network*	Managed Care
   Preventive	80% of PPO rate	80% of PPO rate	100%
   Basic	80% of PPO rate	80% of PPO rate	85–75%
   Major	50% of PPO rate	50% of PPO rate	70–65%
   Individual Maximum
   Benefits Limit	$1,500 annually	None
   *Deductible	None	$100 annually	None

   Employee Contributions:

   PPO

   • Employee: $0

   • Employee plus one: 100% contributory at rates

   • determined by plan provider

   • Employee plus family: 100% contributory at rates determined by plan provider

   Managed Care

   • Employee: $0

   • Employee plus one: $0

   • Employee plus family: $0

3. FLEXIBLE SPENDING ACCOUNTS (“FSAs”)

   The BOARD will offer its employees two types of voluntary 100% contributory, flexible spending accounts:

   Medical Reimbursement Account – to be used for FSA eligible expenses not covered by the employee’s medical or dental plan, such as co-pays, deductibles and co-insurance. The maximum amount is $2,500 per year.

   Dependent Care Account – to be used for dependent care expenses. The maximum amount is $5,000 per year

4. LIFE AND PERSONAL ACCIDENT INSURANCE

   Employees are covered by Basic Life coverage. A voluntary Optional Life and matching Personal Accident insurance is available for employees and eligible family members.

   • Basic Life: $25,000

   • Optional Dependent Life: $50,000 spouse

   • Optional Dependent Personal Accident: $50,000 spouse

   Employee Contributions

   • Basic Life: $0

   • Optional Dependent Life: 100% contributory at rates determined by plan provider

   • Optional Personal Accident: 100% contributory at rates determined by plan provider

5. SAVINGS AND RETIREMENT PROGRAM

   The BOARD will contribute, at retirement, a percentage of the value of an employee’s unused retained sick day bank to the employee’s 403(b) account, within legal limits, based on retirement benefit eligibility requirements. The “retained sick day bank” shall be as defined in Article 37-4 above and subject to the terms of that article. The percentage shall be as set forth in Article 37-4 above. If no account exists, one will be established with one of the authorized vendors, based on agreed-upon criteria.

   • A contribution will be made for all employees, with sick pay balances, meeting the pension benefit eligibility requirements.

   • No exceptions.

   • Contributions made on behalf of the employee will not be subject to state or Medicare tax, as allowed by law.

(formerly,
Guidelines for Transfer of Sick Days;
see Article 37)

Bargaining unit employees regularly employed on a year-round basis who have been employed for at least twelve months and who have worked a minimum of 1,250 hours of service during the previous twelve-month period and bargaining unit employees regularly employed on a ten-month basis who have been employed for the equivalent of at least twelve months and who have worked the equivalent of a minimum of 1,250 hours of service during the previous twelve-month period shall be entitled to unpaid leave under the Family and Medical Leave Act (“FMLA”) for any of the following reasons:

1. To provide care for a son or daughter during the twelve-month period after the birth of such child;
2. To provide care for a son or daughter during the twelve-month period after such child is adopted by or placed in the foster care of the employee;
3. To provide care for a son, daughter, spouse or parent with a serious health condition; or
4. To treat or recover from a serious health condition of the employee.

Bargaining unit employees are entitled to a total of twelve work weeks of unpaid leave for the above-stated reasons during a “rolling” twelve-month period measured backwards from the date an employee uses any FMLA leave.

Bargaining unit employees shall be required to use their accrued sick days concurrently with any leave of absence taken under the FMLA. Employees will have the option, upon appropriate notice, to use accrued vacation days. During any leave taken under the FMLA, the employee’s health care coverage under any group health plan shall be maintained for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. If the employee is using vacation or sick days, the employee will accrue seniority while on FMLA leave.

Bargaining unit employees must provide at least thirty days’ advance notice before FMLA leave is to begin if the need for leave is foreseeable based on an expected birth, placement for adoption or foster care or planned medical treatment for a serious health condition of the employee or the employee’s son, daughter, spouse or parent. If thirty days’ notice is not practicable (such as because of a lack of knowledge of approximately when a leave will be required to begin, a change of circumstances or a medical emergency), notice must be given as soon as practicable. Failure to provide the notice set forth in this Section shall not affect the employee’s entitlement to the leave when the BOARD has actual knowledge of the FMLA-precipitating event.

A bargaining unit employee who takes FMLA leave shall be entitled on return from such leave to be restored to the position of employment held by the employee when the leave commenced or to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.

Except as may be specifically provided for in this Agreement, bargaining unit employees’ rights and obligations relating to FMLA leave shall be governed by the provisions of the FMLA (including the regulations thereunder) and BOARD rules or policies.

Whenever there is a reduction in or change in the teaching force that results in the lay off of appointed teachers, teachers will be reassigned or laid off in accordance with this policy.

If changes in an attendance center or program require the lay off of some but not all teachers, the order of layoff of teachers within the affected unit and certification shall be by the following performance tiers and/or as follows:

1. Any teachers rated unsatisfactory;
2. Any substitute or temporary teachers;
3. Probationary appointed teachers by performance tier (emerging: 210–250 score; developing: 251–284score; proficient: 285–339 score; and excellent: 340–400 score).
4. Tenured teachers rated satisfactory or, after the first evaluation in the new evaluation system issues, first tenured teachers rated emerging (210–250 score) and then tenured teachers rated developing (251–284 score).
5. All other tenured teachers.

Within each of the foregoing five tiers, teachers shall be displaced by inverse order of seniority, with the least senior teacher being laid off first.

When a determination is made that a teacher’s services are no longer required at an attendance center, the teacher will be so notified (hereinafter “notice of layoff”) twenty-one days in advance of the effective date of layoff, except in the case of 20th day position closing.

1. Notwithstanding any provision to the contrary in this Agreement, all tenured teachers, except those whose last summative rating was unsatisfactory, upon layoff for any reason on or after June 21, 2016 shall be placed in the Reassigned Teacher Pool at the start of the subsequent school year (or, in the case of teachers laid off during the school year, immediately after the effective date of layoff) for 10 school months. Those tenured teachers shall be placed in a full-time teacher vacancy that exits on the 20th day of the school year and for which they are qualified for the balance of the school year on a temporary basis without loss of salary or benefits. If that vacancy is filled by someone other than the tenured teacher before the expiration of 10 school months, the tenured teacher shall be returned to the reassigned teacher pool for the remainder of 10 school months. If no vacancy exists for which a teacher is qualified on the 20th day, the teacher shall remain in the Reassigned Teacher Pool for 10 school months.

   After ratification of this Agreement, tenured teachers eligible for this benefit who were laid off at the end of the 2015-2016 school year shall be placed in the Reassigned Teacher Pool effective the second semester of the 2016-2017 school year for 10 school months.

2. Teacher Eligibility List.

   1. The BOARD with input from the UNION shall create a system by which candidates for hire as teachers are prequalified through hiring screening methods. Prequalified teachers shall include: (a) tenured teachers laid off for any reason on or after June 15, 2010 whose most recent performance rating was in the top two rating categories (i.e., excellent or superior and excellent or proficient); and (b) new applicants and other teachers who pass uniform pre-screening hiring criteria, including the consideration of employment history.

      Tenured Teachers laid off between June 15, 2010 and June 30, 2012 will not be placed on the teacher eligibility list if they are currently employed by the BOARD in a full-time teacher position or have previously resigned or retired.

   2. Eligible tenured teachers will be invited to be on the teacher eligibility list and to confirm their desire to be on the list (such as completing an on-line application). The UNION will be copied on all communications.

   3. Prequalified teachers will be admitted to the eligibility list as they are laid off and shall remain on the teacher eligibility list for two years or until they receive a permanent appointment, whichever first occurs. However, teachers placed on the eligibility list during 2012 will remain on the list until June 30, 2015.

   4. Inter-unit transfers are exempt from the process described in this Section.

   5. Principals shall hire only prequalified applicants to permanent teaching positions and shall have the discretion to hire any prequalified teacher. However, principals who receive three or more applications from prequalified displaced tenured teachers for a posted vacancy must interview at least three prequalified displaced tenured teachers for the position. If the principal does not select a prequalified displaced tenured teacher, the principal shall provide the reason(s) for the non-selection to the Talent Office, which shall communicate the reason(s) to the prequalified displaced tenured teacher. Such reasons may not be arbitrary.

   6. Every July 1, the BOARD shall provide the UNION with a list of permanent vacancies filled by teachers on the eligibility list between the immediately preceding July 1 to June 30 period. If fifty percent of those vacancies have not been filled by prequalified displaced tenured teachers, the BOARD will assign a number of prequalified displaced tenured teachers who were on the eligibility list on the immediately preceding June 30 to the reassigned teacher pool for a period of five school months, but excluding:

      1. displaced teachers then currently in the reassigned teacher pool under another provision of this Agreement; and

      2. tenured teachers displaced between June 15, 2010 and June 30, 2012 who were placed into the Reassigned Teacher Pool upon layoff.

      Assignments to the reassigned teacher pool shall be based on seniority. The number of prequalified displaced tenured teachers assigned shall equal the difference between the numerical value of fifty percent of the permanent vacancies filled during the immediately preceding July 1 to June 30 period and the actual number of vacancies filled by prequalified displaced tenured teachers. Prequalified displaced tenured teachers who are placed in the reassigned teacher pool and who do not find a permanent appointment by the end of their five-month assignment shall be assigned to the Cadre for five school months. If the prequalified displaced tenured teacher is not appointed to a position by the end of his or her assignment in the Cadre, he or she shall be laid off and separated from BOARD employment, but will remain on the teacher eligibility list for the remainder of his or her two years of eligibility.

3. Tenured Teachers Laid Off Due to School Actions.

   Tenured teachers laid off due to school actions shall receive the following benefits:

   1. Transfer to receiving schools in school closings and consolidations.

      Tenured teachers whose most recent rating is in the top two rating categories (i.e., excellent or superior and excellent or proficient) shall be appointed to a vacancy at a school to which students from their school have been assigned to the extent that a vacancy within the teacher’s certification has been created as a result of or in connection with the transfer of students. If more than one teacher is eligible for appointment to the same vacancy, selection for the vacancy shall be based on seniority.

   2. Alternative severance benefit.

      A tenured teacher who has been laid off due to school actions shall be offered the opportunity to resign and receive three months of pay.

4. Tenured Teachers Laid Off for Reasons Other Than Economic Actions and School Actions.

   Recall to unit.

   A tenured teacher who has been laid off from a school or unit shall be entitled to recall to the same school or unit from which he or she had been laid off for a period of ten school months from the date of layoff, provided that a vacancy within his or her certification is created at the school or unit and that the teacher has been rated proficient or better. Tenured teachers shall be recalled in inverse order of layoff.