2003-02349 8/6/04 12:12 PM Page 1
Jointly published by the SCHOOL DISTRICT OF THE CITY
OF DETROIT
Detroit Public Schools Center
5057 Woodward Avenue
Detroit, Michigan 48202
Phone (313) 494-1000
and the
DETROIT FEDERATION OF TEACHERS
LOCAL 231
7451 Third Avenue
Detroit, Michigan 48202
Phone (313) 875-3500
American Federation of Teachers, AFL-CIO
July 1, 2002 — June 30, 2005
2003-02349 8/6/04 12:12 PM Page 2
TABLE OF CONTENTS
PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 1
I. RECOGNITION; DEFINITIONS; UNION
MEMBERSHIP DUES OR AGENCY SHOP
SERVICE FEES; POLITICAL ACTION
DEDUCTIONS; OTHER ORGANIZATIONS;
STRIKE PROHIBITION . . . . . . . . . . . . . . . . . . .
. . . . . 2
II. FAIR PRACTICES . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 5
III. QUALITY INTEGRATED EDUCATION . . . . . . . . . . 5
Textbook and Curriculum Improvement,
Staff Integration; Test Revision; Pupil
Integration; Integration and Desegregation
IV. SALARY SCHEDULES . . . . . . . . . . . . . . . . . .
. . . . . . 7
V. ORGANIZATION OF SCHOOL CALENDAR . . . . . . 8
A. Length of School Year . . . . . . . . . . . . . . . .
. . . . . . . 8
B. End of Semester Schedule . . . . . . . . . . . . . .
. . . . . . 9
C. Kindergarten Schedule . . . . . . . . . . . . . . . .
. . . . . . . 9
D. Emergency Weather Conditions . . . . . . . . . . . .
. . . . 9
E. Emergency Closing and Security . . . . . . . . . . .
. . . . 9
F. Observance of Religious Holidays . . . . . . . . . .
. . . 10
G. State Mandated Hours of Instruction . . . . . . . . .
. . . 10
H. Professional Development . . . . . . . . . . . . . .
. . . . . . 10
VI. CLASS SIZE LIMITATION . . . . . . . . . . . . . . .
. . . . . . 11
A. Regular Classes — Maximums . . . . . . . . . . . . .
. . . 11
K-5 @ 30; 6-12 @ 35; Exceptions;
Population Shifts; Split Classes;
Reorganizing
B. Class Size Review Board . . . . . . . . . . . . . . .
. . . . . . 12
Selection; Powers; Reducing Class Size;
Abbreviated Time Limits
C. Class Size Reduction Process . . . . . . . . . . . .
. . . . . 13
D. Compensation for Oversized Classes . . . . . . . . .
. . 14
E. Special Education . . . . . . . . . . . . . . . . . .
. . . . . . . . 15
F. Mainstreamed Students . . . . . . . . . . . . . . . .
. . . . . . 15
G. Counseling Loads . . . . . . . . . . . . . . . . . .
. . . . . . . . 15
H. Teacher Service . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 15
VII. SCHOOL DAY
A. Purpose . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 15
B. Teachers’ Meetings . . . . . . . . . . . . . . . . .
. . . . . . . . 16
C. Clock Hours . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 16
D. Program Assignments . . . . . . . . . . . . . . . . .
. . . . . . 17
E. Classroom Teaching Periods . . . . . . . . . . . . .
. . . . . 18
F. Interruptions . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 21
G. Lunch Periods . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 21
H. Relief From Non-Teaching Chores . . . . . . . . . . .
. . 22
I. Duty Release for Building Representative . . . . . .
. . 22
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TABLE OF CONTENTS (Continued)
VIII. DISCIPLINE . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 23
A. . . . procedure within each unit . . . . . . . . . .
. . . . . . . 23
B. . . . administrative backing . . . . . . . . . . . .
. . . . . . . . 23
C. . . . a child causing disruption . . . . . . . . . .
. . . . . . . 23
D. . . . courses of action . . . . . . . . . . . . . . .
. . . . . . . . . 23
E. Examples of Offenses (Exclude) . . . . . . . . . . .
. . . . 24
F. Examples of Offenses (Police) . . . . . . . . . . . .
. . . . 24
G. . . . suspension may result . . . . . . . . . . . . .
. . . . . . . 24
H. . . . counselor . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 24
I. . . . record of discipline cases . . . . . . . . . .
. . . . . . . . 24
J. . . . principal support . . . . . . . . . . . . . . .
. . . . . . . . . 24
K. . . . cases of assault . . . . . . . . . . . . . . .
. . . . . . . . . . . 24
L. . . . a child who assaults, parent/guardian
who assaults . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 24
M. . . . disciplinary techniques . . . . . . . . . . . .
. . . . . . . 25
N. Uniform Code Review Com. (UCRC) . . . . . . . . . . .
25
IX. PUPILS’ REPORT CARD MARKS . . . . . . . . . . . . .
. . 26
Grade Review . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 27
X. PARENT-TEACHER CONFERENCES . . . . . . . . . . . . 28
XI. SCHOOL COMMITTEES . . . . . . . . . . . . . . . . .
. . . . . . 29
XII. PERSONNEL ASSIGNMENTS . . . . . . . . . . . . . . .
. . . 30
A. Balanced Staff Concept . . . . . . . . . . . . . . .
. . . . . . . 30
B. Assignment of Teachers . . . . . . . . . . . . . . .
. . . . . . . 30
C. Promotion Policies Affecting Teachers . . . . . . . .
. . 30
D. Seniority . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 31
E. Transfer of Teachers . . . . . . . . . . . . . . . .
. . . . . . . . . 31
F. Transfer Review Board . . . . . . . . . . . . . . . .
. . . . . . 35
G. Teacher Layoff and Recall . . . . . . . . . . . . . .
. . . . . . 35
H. Unemployment Compensation . . . . . . . . . . . . . .
. . 38
I. Layoff and Recall of other Bargaining
Unit Members . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 38
J. Adult Education . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 38
K. Summer, Night School Assignments . . . . . . . . . .
. . 39
L. After School Teacher Assignments . . . . . . . . . .
. . . 40
M. Procedure . . . Summer School . . . . . . . . . . . .
. . . . 40
N. Procedure for Assignment of Non-Public
Site Teacher Personnel . . . . . . . . . . . . . . . . .
. . . . . . 41
XIII. RECORDS AND FILES . . . . . . . . . . . . . . . .
. . . . . . . . 41
REMOVAL OF REPRIMANDS
SPECIAL COMPLAINTS;
TENURE; COMPETENCE;
RATING AND DISCIPLINARY ACTION;
DISCHARGE OR DISCIPLINE;
EVALUATION; RESIDENCY
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TABLE OF CONTENTS (Continued)
XIV. SUBSTITUTES . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 46
ES Progression to Contract; Provision of Substitutes;
Accumulation of Sick Leave — ESRPs; Distribution
of Substitutes; Resource Teachers and Other
Substitutes; Student Teachers; Substitute Calls
XV. LLI (Limited License to Instruct) . . . . . . . . .
. . . . . . . . 49
XVI. LEAVE POLICY: TYPES OF LEAVES . . . . . . . . . . .
. 51
A. Personal Business Leave Days . . . . . . . . . . . .
. . . . 54
B. Sick Leave . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 54
Accumulation rate; Probationary 1 starting
bank; Borrowing; Repayment; School-related
assault; Related court appearances; Childhood
diseases; Retirement allowance
C. Illness Absence — Medical Examinations . . . . . . .
57
D. Appeal of Board Medical Office Decision . . . . . . .
58
E. Absences Chargeable to Sick Leave . . . . . . . . . .
. . 59
Personal illness; death leave; non-illness absence
F. Sabbatical Leave . . . . . . . . . . . . . . . . . .
. . . . . . . . . 61
G. Other Leaves . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 61
H. Return from Leave . . . . . . . . . . . . . . . . . .
. . . . . . . . 62
XVII. INSURANCE . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 62
Compensable Injuries; Group Insurances
XVIII. RETIREMENT CONTRIBUTION . . . . . . . . . . . . .
. . . 65
XIX. IMPROVEMENT OF PROGRAM . . . . . . . . . . . . . .
. . 65
A. School Organizational Plans . . . . . . . . . . . . .
. . . . . 65
B. Testing . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 65
C. Handicapped Children . . . . . . . . . . . . . . . .
. . . . . . . 66
D. Summer School Programs . . . . . . . . . . . . . . .
. . . . . 66
E. Provision of Materials . . . . . . . . . . . . . . .
. . . . . . . . 66
F. Revision of Materials List . . . . . . . . . . . . .
. . . . . . . 67
G. In-Service Training . . . . . . . . . . . . . . . . .
. . . . . . . . 68
H. Accountability . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 68
I. Textbooks, Curriculum Guide and
Records Review . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 69
J. Tuition Reimbursement . . . . . . . . . . . . . . . .
. . . . . . 69
K. Tuition-A.A.O. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 70
L. Marketing Education Co-ordinators . . . . . . . . . .
. . 70
M. Librarians . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 70
N. Television Teaching . . . . . . . . . . . . . . . . .
. . . . . . . . 71
XX. IMPROVEMENT OF FACILITIES . . . . . . . . . . . . .
. . 71
Teacher use facilities; high school teacher desks;
privacy and supportive personnel; upgraded
buildings; communication with portable;
staplers, etc.; parking facilities
XXI. PROPERTY . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 72
Care; Personal Loss
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TABLE OF CONTENTS (Continued)
XXII. MEETINGS ON POLICY MATTERS . . . . . . . . . . . .
. 72
XXIII. GRIEVANCE PROCEDURE . . . . . . . . . . . . . . .
. . . . . 73
XXIX. UNION ACTIVITIES . . . . . . . . . . . . . . . . .
. . . . . . . . . 75
A. Union Representatives; School-Union
Committee . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 75
B. Recognition of Authority by Principal . . . . . . . .
. . . 75
C. Bulletin Board . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 75
D. Mail Boxes . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 75
E. Pickup Stop . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 75
F. Union Meetings in the Building . . . . . . . . . . .
. . . . 75
G. Right of Union to Visit Schools . . . . . . . . . . .
. . . . . 75
H. . . . no loss in pay for meetings . . . . . . . . . .
. . . . . . 76
I. Special Committees . . . . . . . . . . . . . . . . .
. . . . . . . . 76
J. Area Advisory Committees . . . . . . . . . . . . . .
. . . . . 76
K. Union Released Time . . . . . . . . . . . . . . . . .
. . . . . . . 76
XXV. INFORMATION . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 76
XXVI. GENERAL . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 77
Subject to Laws; Changes in working
conditions; Exclusiveness of Union as Agent
XXVII. DURATION . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 77
APPENDIXES
A. SALARY SCHEDULES AND
FORMULAS . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 79
Re-employment; Outside Teaching Experience;
Differentials, Annual Salary; Master; . . . plus 30
Hours; Salary Variations; Longevity; Substitutes
B. OTHER SALARY SCHEDULES AND
FORMULAS . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 89
Summer, Hourly; Workshops; Counselors;
Accompanists; Registered Nurses; J.R.O.T.C.;
Athletic Program
C. ATTENDANCE INCENTIVES . . . . . . . . . . . . . . .
95
D. MATERNITY . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 96
E. PROFESSIONAL DEVELOPMENT . . . . . . . . . . . 98
F. TEACHER PROFESSIONALISM AND
SCHOOL GOVERNANCE . . . . . . . . . . . . . . . . . . .
99
Empowerment/School-Based Management;
Career Opportunity; Teacher Mentor Program;
Peer Review and Support; In-service/Orientation
for First-Year Teachers
G. SCHOOL CALENDAR . . . . . . . . . . . . . . . . . . .
. . 102
H. DFT INSURANCE ADDENDA . . . . . . . . . . . . . . .
107
Health Insurance; Dental Insurance
I. OFFICIALLY DESIGNATED INDUSTRIAL
CLINICS . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 109
J. RECONSTITUTION OF STAFFS . . . . . . . . . . . . .
110
WAGE AND BENEFITS GUIDE FOR
DFT BARGAINING UNIT . . . . . . . . . . . . . . . . . .
111
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LETTERS OF UNDERSTANDING
A.A.O. Residency . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 115
Appointment of Hourly Teachers in Alternative
Education Programs to Contract Positions . . . . . . . .
. . . . . . . . 116
Lump Sum Payments . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . 117
Add-Ons Covered . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 118
Commitment to the Principals of Low Performing Schools .
. . . . . 119
Reconstitution of Schools . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 120
Review of Health Care Benefits . . . . . . . . . . . . .
. . . . . . . . . . . . . . 121
Conditions of Work for Retired Teachers . . . . . . . .
. . . . . . . . . . . . 122
Job Sharing: Student Teaching for ESRP’s
Tuition Reimbursement . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 123
Teacher Appearance . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 124
Essential Paperwork . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 125
Supplies and Textbooks . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 126
Direct Deposit/Frequency of Pay . . . . . . . . . . . .
. . . . . . . . . . . . . . 127
Student Code of Conduct . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . 128
Class Size Reduction . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 129
Instructional Days . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 130
Elementary Preparation Periods . . . . . . . . . . . . .
. . . . . . . . . . . . . . 131
Annual Incentive Bonus . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . 132
High School — 6th Period . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 133
Pay Schedules . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 134
Parent Teacher Conference Compensatory Time . . . . . .
. . . . . . . . 135
Reclassification to DFT Bargaining Unit . . . . . . . .
. . . . . . . . . . . . 136
Limited License to Instruct . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 137
JROTC Instructors and Assistant Instructors . . . . . .
. . . . . . . . . . . . 140
Annual Transfer Period . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 142
Critical Shortage . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 143
Pay Schedules . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 145
Out of Compliance Schools (Hours of Instruction) . . . .
. . . . . . . . 146
Clarification of Charges to Sick Bank When School is
Closed . . . 147
Annual Increments . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 148
Limited License/Transition Instructor . . . . . . . . .
. . . . . . . . . . . . . . 149
Part-Time/Shared Time Positions . . . . . . . . . . . .
. . . . . . . . . . . . . . 152
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AGREEMENT
between the SCHOOL DISTRICT OF THE CITY OF DETROIT and
the
DETROIT FEDERATION OF TEACHERS
LOCAL 231. AFT AFL-CIO
PREAMBLE
Agreement made effective July 1, 2002, by and between
THE SCHOOL DISTRICT OF THE CITY OF DETROIT, hereinafter called "the
District," and the DETROIT FEDERATION OF TEACHERS,
affiliated with the MICHIGAN FEDERATION OF TEACHERS and
the AMERICAN FEDERATION OF TEACHERS, AFL-CIO,
hereinafter
called "the Union."
The District shall be considered the employer for all
contractual and statutory purposes.
WHEREAS, the District and the Union believe in the
importance of schools as an agency for the preservation and extension of
our democracy; and
WHEREAS, the parties to this Agreement have a common
goal of providing the best possible education for all children; and
WHEREAS, the District and the Union are mutually
committed to the human rights and dignities of all, and to policies and
programs of racial integration and desegregation as being necessary to
good education, good management and good government; and
WHEREAS, the parties to this Agreement are mutually
committed to the necessity of equal educational opportunity for all
pupils of the Detroit Public School System with no exclusion from any
program on the basis of race, religion, creed, social or economic
status; and
WHEREAS, it is the mutual responsibility of all members
of the Detroit Public School System to insure that good order and
discipline are maintained throughout the System and that the classroom
teacher is fully supported in all reasonable measures taken by him/her
to maintain and effectuate good order and discipline in his/her
classroom; and
WHEREAS, the success of the Detroit educational program
is dependent upon the knowledge, skill and creative ability of teachers;
and
WHEREAS, the Federation recognizes that the basic
responsibility of each teacher is to use his/her skill and expertise in
the most effective manner to improve the quality of education offered by
the Detroit Public Schools; and
WHEREAS, to obtain this goal it is imperative that there
be understanding and cooperation between the teachers in the classroom
and the District which is responsible for the operation of the school
system; and
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WHEREAS, the parties to this Agreement believe that the
best interests of public education will be served by established
procedures for bargaining with teacher representatives on matters of
common concern and for providing orderly channels for appeals should any
differences not be resolved; and
WHEREAS, the Union has been duly elected by a majority
of teachers as the exclusive representative of teachers for the purpose
of dealing with the District on matters of teacher concern; and
WHEREAS, the laws of the State of Michigan authorize
collective bargaining for public employees and authorize public
employers to enter into collective bargaining agreements with the
representatives of their employees; and
WHEREAS, the parties desire to incorporate their
agreements and certain other matters into a formal contract, and believe
that such action is in the best interests of community, children, school
system and teachers;
THEREFORE, the parties agree as follows:
I. RECOGNITION; DEFINITIONS; UNION MEMBERSHIP DUES OR
AGENCY SHOP SERVICE FEES; POLITICAL ACTION DEDUCTIONS; OTHER
ORGANIZATIONS;
STRIKE PROHIBITION.
A. Recognition
The District recognizes the Union as the sole and
exclusive bargaining representative for all elementary and secondary
teachers including but not limited to:
Accompanists
Apprentice Training Teachers
Assistant Attendance Officers
Attendance Agents/Officers
Audiologist B
Auditorium Teachers
Behavioral Specialist
Counselors
Counselors/Teacher Guidance
Day Trade Teachers
Emergency Substitutes
Emergency Substitutes Regular Positions (ESRP)
IEP Specialist
Instructional Specialist
Jr. Communications Assistants
Librarian/Media Specialists
Limited Licensed Instructor
Music Therapists
Occupational Therapists
On-Camera Teachers
Physical Therapists (Physiotherapists)
Psychologists
Regular Emergency Substitutes (RES)
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Registered Nurses (RN)
Resource Teachers
School Community Agents
Senior Teachers
Social Workers
Special Education Teachers/Counselors
Speech/Language Pathologist
Speech Therapists
Staff Development Specialist
Teacher Consultants
Teacher, Retiree
TV Producer-Directors
Work Study Assistants
In addition to the above:
Adult Education Teachers
Compact Technicians
Coordinators (Hourly)
Educational Technicians
JROTC Instructors and Assistant Instructors
Long Term Substitute (LTS)
Non-Public School Teachers
Short Term Substitute (STS)
Social Worker Assistants
Special Instructors
Teachers-In-Charge
Team Leaders MDTA
Vocational Instructors
in regular schools, specially-funded centers or
individual locations and
others working at an hourly rate negotiated by the Union
whose salary
and fringe benefits are listed in this Agreement.
The Union shall represent probationary Assistant
Attendance Officers
(A.A.O.) for the purpose of collective bargaining in
respect to rates of
pay, wages, hours of employment and other conditions of
employment,
except employees discharged and/or disciplined for other
than Union activity.
Dues process rights shall be provided.
B. Definitions
Wherever the term "school" is used it is to include any
work location or functional division or group in which a grievance may
arise.
Whenever the term "CEO" is used it shall refer to the
Chief Executive Officer of the School District of the City of Detroit.
Wherever the term "principal" is used it is to include
the administrator of any work location or functional division or group.
Wherever the term "teacher" is used it is to include all
members of the bargaining unit except in situations where the reference
is in a context which denotes application only to a teaching teacher in
a school classroom, e.g., school day, clock hours, program assignment,
teaching periods, etc.
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Wherever the singular is used it is to include the
plural.
Wherever the term "Federation representative" or "Union
representative" is used it is to include the Union building
representative or his/her teacher designee or any other representative
designated by the Union.
C. Union Membership Dues or Agency Shop Service Fees
1. All employees employed in the bargaining unit, or who
become employees in the bargaining unit, who are not already members of
the Union, shall, within sixty (60) days of the effective date of this
Agreement (as to present employees), or within sixty (60) days of their
date of hire (as to future employees), become members, or in the
alternative, shall as a continuing condition of employment, pay to the
Union each month a service fee in an amount equal to the regular monthly
Union membership dues uniformly required of employees of the District
who are members of the Union.
2. The District upon receiving a signed statement from
the Union indicating that the employee has failed to comply with this
condition shall immediately notify said employee that his/her services
shall be discontinued at the end of sixty (60) days, and shall dismiss
said employee accordingly.
3. An employee who shall tender or authorize the
deduction of membership dues (or service fees) uniformly required as a
condition of acquiring or obtaining membership in the Union, shall be
deemed to meet the conditions of this Article so long as the employee is
not more than sixty (60) days in arrears of payment of such dues (or
fees).
4. The District shall be notified, in writing, by the
Union of any employee who is sixty (60) days in arrears in payment of
membership dues (or fees).
5. If any provision of this Article is invalid under
Federal or State law, said provision shall be modified to comply with
the requirements of said Federal or State law.
6. The Union agrees that in the event of litigation
against the District, its agents or employees arising out of this
provision, the Union will co-defend and indemnify and hold harmless the
District, its agents or employees for any monetary award arising out of
such litigation.
7. The District shall deduct from the pay of each
employee from whom it receives an authorization to do so the required
amount for the payment of Union dues or Agency Shop service fees.
Checked-off authorization for Union dues or Agency Shop service fees
which were executed prior to the execution of this Agreement shall
remain in full force and effect. Checked-off dues or fees, accompanied
by a list of employees from whom they have been deducted and the amount
deducted from each, and by a list of employees who had authorized such
deductions and from whom no deduction was made and the reason therefore
shall be forwarded to the Union office no later than thirty (30) days
after such deductions were made. Employees who have not authorized
checkoff of Union dues or Agency Shop service fees may pay such dues or
fees semi-annually, in advance, directly to the Union, not later than
thirty (30) days after the employee’s first work day each semester.
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8. The District shall inform all present employees
within thirty (30) days of the opening of the school year, and future
employees and employees returning from leave within thirty (30) days of
hire or return, of their obligations under this section; provided that
the failure of the District to so inform shall not be a defense to any
employee who has failed to comply with the provisions of this section.
The District shall continue to notify the Union of all new hires, and
returns from absence or leave, and separations.
D. Political Action Deductions
The District agrees to make payroll deductions available
to members of the bargaining unit for the Union’s Political Action Fund
under the following conditions: The member’s authorization shall be
voluntary. It shall not be a condition of continuing membership or
employment. The Union agrees to pay in full all costs related to the
implementation and maintenance of the aforementioned payroll deduction.
If any provision of this Article is invalid under Federal or State law,
said provision shall be modified to comply with the requirements of said
Federal or State law.
E. Other Organizations
Teachers have the right to join any teacher
organization, but membership in a teacher organization shall not be
required as a condition of employment.
F. Strike Prohibition
The Union will not engage in or encourage strike action
of any type during the life of this Agreement.
II. FAIR PRACTICES
A. In accord with District policy, no person or persons,
departments or divisions responsible to the District shall discriminate
against any employee on the basis of race, creed, color, national
origin, sex, marital status, or membership in, or association with the
activities of, the Union.
B. In accord with its Constitution, the Union will admit
persons to membership without discrimination on the basis of race,
creed, color, national origin, sex, or marital status.
C. The Union and the District agree to continue to work
affirmatively in implementing their mutual objective of effective
integration of faculties and student bodies in all Detroit schools.
III. QUALITY INTEGRATED EDUCATION
In order to assure positive action designed to implement
the commitments expressed in the Preamble of this Agreement and in
furtherance of past recommendations and action of the District, Union,
Administration, professional staff, and various concerned citizen
groups, the Union and the Administration will continue and will
accelerate their efforts to provide quality integrated education in the
following manner:
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8. The District shall inform all present employees
within thirty (30) days of the opening of the school year, and future
employees and employees returning from leave within thirty (30) days
of hire or return, of their obligations under this section; provided that
the failure of the District to so inform shall not be a defense to any employee who
has failed to comply with the provisions of this section. The
District shall continue to notify the Union of all new hires, and returns from
absence or leave, and separations.
D. Political Action Deductions
The District agrees to make payroll deductions available
to members of the bargaining unit for the Union’s Political Action
Fund under the following conditions: The member’s authorization shall be
voluntary. It shall not be a condition of continuing membership or
employment. The Union agrees to pay in full all costs related to the
implementation and maintenance of the aforementioned payroll deduction. If any provision of this Article is invalid under
Federal or State law, said provision shall be modified to comply with the
requirements of said Federal or State law.
E. Other Organizations
Teachers have the right to join any teacher
organization, but membership in a teacher organization shall not be required as a
condition of employment.
F. Strike Prohibition
The Union will not engage in or encourage strike action
of any type during the life of this Agreement.
II. FAIR PRACTICES
A. In accord with District policy, no person or persons,
departments or divisions responsible to the District shall
discriminate against any employee on the basis of race, creed, color,
national origin, sex, marital status, or membership in, or association with the
activities of, the Union.
B. In accord with its Constitution, the Union will admit
persons to membership without discrimination on the basis of race,
creed, color, national origin, sex, or marital status.
C. The Union and the District agree to continue to work
affirmatively in implementing their mutual objective of effective
integration of faculties and student bodies in all Detroit schools.
III. QUALITY INTEGRATED EDUCATION
In order to assure positive action designed to implement
the commitments expressed in the Preamble of this Agreement and in
furtherance of past recommendations and action of the District,
Union, Administration, professional staff, and various concerned citizen
groups, the Union and the Administration will continue and will
accelerate their efforts to provide quality integrated education in the following
manner:
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achieving quality integrated education and to make
recommendations to the Union Executive Board and the CEO in order to
implement programs which will further racial integration of pupils.
Various plans from throughout the United States will be investigated
along with any other new and creative ideas submitted for study by
either party or from any other source.
E. Implementation of Integration and Desegregation
Funds available for integration and desegregation
projects shall continue to be aggressively sought for the purpose of
implementing the Quality Integrated Education provisions of this
Agreement.
IV. SALARY SCHEDULES
1. The salary schedules and formulas negotiated by the
parties are set forth in the Appendix A attached hereto and shall be in
effect for the 2002-2003 school year.
a. Increase of 3% for all unit members.
b. Increase of an additional 1.1%, therefore effectively
increasing by 4.1%, those individuals who are at the maximum step of the
BA and MA scales.
2. The salary schedules and formulas negotiated by the
parties are set forth in the Appendix A attached hereto and shall be in
effect for the 2003-2004 school year.
a. Increase of 3% for all unit members.
b. Increase of an additional 1.1%, therefore effectively
increasing by 4.1%, those individuals who are at the maximum step of the
BA and MA scales.
The salary schedules and formulas negotiated by the
parties are set forth in the Appendix B attached hereto and shall be in
effect for the 2003-2004 school year, unless the District is projected
to have a decline in General Fund revenue from the FY 2002-2003 to FY
2003-2004 of greater than two percent (2%) which is validated by an
independent certified public accountant, selected by the Union, and paid
for by the district. Should revenue decline greater than two percent
(2%), the District reserves the right to re-open negotiations for wages
and salaries.
3. The salary schedules and formulas negotiated by the
parties are set forth in the Appendix A attached hereto and shall be in
effect for the 2004-2005 school year.
a. Increase of 3% for all unit members.
b. Increase of an additional 1.1%, therefore effectively
increasing by 4.1%, those individuals who are at the maximum step of the
BA and MA scales. The salary schedules and formulas negotiated by the
parties are set forth in the Appendix B attached hereto and shall be in
effect for the 2004-2005 school year, unless the District is projected
to have a decline in General Fund revenue from the FY 2003-2004 to FY
2004-2005 of greater than two percent (2%) which is validated by an
independent certified public
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accountant, selected by the Union, and paid for by the
district. Should revenue decline greater than two percent (2%), the
District reserves the right to re-open negotiations for wages and
salaries.
4. Four (4) additional steps, at the rate of $3,000 per
step, beyond the current maximum of Step 10 or 11 will be granted
according to criteria determined by the School District of the City of
Detroit which will include, but not be limited to the following:
• Advancement beyond Step 10 or 11 will occur after at
least three (3) years of satisfactory performance at Step 10 or 11 and
at least three (3) years of satisfactory performance up to the fourth
step in this section.
• Participation in professional development activities
as designed jointly by the Union and the School District of the City of
Detroit.
• Minimum of 21 hours towards advanced degree in subject
area of certification in area currently teaching. The Union and the
District will agree on the defined subject areas for which the hours
will be earned (e.g. elementary subjects).
• Designed certification programs through national
professional organizations (such as the National Board for Professional
Teaching Standards) or certification programs with universities in
specific subject areas.
5. Pursuant to the 1966-67 collective bargaining
agreement, a teacher employed for the full 1966-67 school year has been
credited with an additional day’s pay based upon his/her 1966-67 salary
for each day actually worked during the 40th week of the 1966-67 school
year. This money is payable to such teachers in a lump sum upon
separation from the system.
6. Date last check in December on the same dating basis
used for other pay periods.
V. ORGANIZATION OF SCHOOL CALENDAR
A. Length of School Year
Effective the 2000-2001 school year, the first day of
the new school year shall be a full day of work. All teachers are to
report to their assigned school at the regularly scheduled time in the
morning. Sixty (60) days prior to the opening of schools a
District-Union Committee shall meet to establish calendars for adult
education sites. The completed calendars shall be forwarded to the CEO
and the Union for approval. The committee will consist of an equal
number of representatives from the administration and the union.
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accountant, selected by the Union, and paid for by the
district. Should revenue decline greater than two percent (2%), the
District reserves the right to re-open negotiations for wages and
salaries.
4. Four (4) additional steps, at the rate of $3,000 per
step, beyond the current maximum of Step 10 or 11 will be granted
according to criteria determined by the School District of the City of
Detroit which will include, but not be limited to the following:
• Advancement beyond Step 10 or 11 will occur after at
least three (3) years of satisfactory performance at Step 10 or 11 and
at least three (3) years of satisfactory performance up to the fourth
step in this section.
• Participation in professional development activities
as designed jointly by the Union and the School District of the City of
Detroit.
• Minimum of 21 hours towards advanced degree in subject
area of certification in area currently teaching. The Union and the
District will agree on the defined subject areas for which the hours
will be earned (e.g. elementary subjects).
• Designed certification programs through national
professional organizations (such as the National Board for Professional
Teaching Standards) or certification programs with universities in
specific subject areas.
5. Pursuant to the 1966-67 collective bargaining
agreement, a teacher employed for the full 1966-67 school year has been
credited with an additional day’s pay based upon his/her 1966-67 salary
for each day actually worked during the 40th week of the 1966-67 school
year. This money is payable to such teachers in a lump sum upon
separation from the system.
6. Date last check in December on the same dating basis
used for other pay periods.
V. ORGANIZATION OF SCHOOL CALENDAR
A. Length of School Year
Effective the 2000-2001 school year, the first day of
the new school year shall be a full day of work. All teachers are to
report to their assigned school at the regularly scheduled time in the
morning. Sixty (60) days prior to the opening of schools a
District-Union Committee shall meet to establish calendars for adult
education sites. The completed calendars shall be forwarded to the CEO
and the Union for approval. The committee will consist of an equal
number of representatives from the administration and the union.
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B. End of Semester Schedule
Effective the 1999-2000 school year, the end of the
first semester shall consist of one-half (
1.2)
day on the last day of the first semester for teacher use in their own
rooms for personal planning, individual reorganization, records, etc.
One full day at the end of the second semester shall be used for
teachers to complete records.
C. Kindergarten Schedule
Kindergarten teachers and principals in local schools
will jointly develop an appropriate plan for the two days following
registration and entry testing which will make available for each
kindergarten teacher one-half day per kindergarten class without
students to complete kindergarten records. Such a plan must conform to
the requirements of State regulations for student attendance. Upon
approval of the designee of the CEO, such a plan shall be implemented.
D. Emergency Weather Conditions
The District shall notify metropolitan radio and TV
stations by 6:30 a.m., whenever a decision has been made to close
schools because of weather conditions. This clause is not intended to
preclude a decision to close schools after 6:30 a.m., if further
evaluation of developing weather conditions warrant such a decision.
When students are not required to report to school due
to adverse weather conditions or conditions not within the control of
school authorities, teachers in those schools shall not be required to
report. Scheduled days of student attendance that are cancelled because
of conditions not within the control of authorities shall be rescheduled
when the district is unable to meet the state mandatory requirements.
When individual schools are closed after the start of
the school day, teachers will also be dismissed.
When the cancelled days become less than the state
requirement for student attendance, employees shall not be compensated
for mentioned days. Such days will be rescheduled with employees being
paid the pay period following.
Rescheduling of days shall not affect annual salary,
compensation or other benefits provided within this Collective
Bargaining Agreement.
E. Emergency Closing and Security
The District shall have posted on the entrance and exit
doors of the school the city ordinance (39-1-59,-59.1, and -59.4) which
requires persons entering schools to report directly to the principal or
his/her designee, and make it unlawful for such persons to remain after
being requested to leave. Administrators shall be encouraged to
prosecute violators.
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When individual schools are closed after the start of
the school day, teachers will also be dismissed.
In any case where school disruptions lead to a situation
where students and/or teachers face physical peril while in school, and
the school is closed to students by the CEO or his/her designee, a Joint
Administration- Union Committee shall meet to determine what steps shall
be taken so that school can be reopened in a reasonable climate of
safety. Such steps shall be submitted to the CEO or his/her designee for
approval to reopen.
Both parties acknowledge their great concern for the
security of pupils, staff and parents. Security or the lack thereof has
a very significant impact upon the teaching and learning conditions in
and around the school facility.
A Joint Administration-Bargaining Units Committee shall
be established to study and make further recommendations to improve
security in the Detroit Public Schools. The joint committee shall be
composed of representatives of Administration and of each of the
collective bargaining units representing District employees who wish to
participate.
F. Observance of Religious Holidays
A survey of the pattern of teacher absences on religious
holidays shall be conducted annually for the purpose of determining the
need and adequacy of teacher substitute service as far in advance of
such holidays as possible.
G. State Mandated Days/Hours of Instruction
In the event that an individual school will not meet the
Michigan Department of Education mandated days and or hours of
instruction due to unforeseen school closing(s), additional school days
and/or hours of instruction will be rescheduled for compliance. The
Union will be consulted as to the make-up schedule.
The rescheduling will amend the school calendar, but
shall not affect or otherwise require an adjustment of salary,
compensation or other benefits provided within this Collective
Bargaining Agreement.
H. Professional Development
The Union and the District agree that all state mandated
professional development requirements shall be met.
Notice will be given of the District professional
development schedules by the end of the school year for the following
fall semester.
The notice for the second semester District professional
development activities will be announced prior to the end of the fall
semester.
Participation in professional development activities
outside of regularly scheduled school hours will be voluntary and will
be paid at the workshop rate.
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VI. CLASS SIZE LIMITATION
A. Regular Classes — Maximum Class Size*
1. Grades K-5
Class size of grades K-5 shall be reduced to 30. Those
schools where building capacity does not allow for such reductions shall
be referred to the Class Size Review Committee where an agreed
adjustment shall be made.
In accordance with VI.B.3., beginning the 2002-2003
school year, the district will commit to limiting class size for K-3 to
between 17-25 students, in a minimum of one-hundred-ten (110) elementary
schools.
Beginning the 2003-2004 school year the district will
commit to limiting class size for K-3 to between 17-25 students, for all
elementary schools.
2. Grades 6-12
The maximum class size shall be thirty-five (35) with
the following exceptions: band, choir, secondary physical education, and
JROTC.
Similar classes may, upon mutual agreement of the
District and the Union, have other limits.
Beginning the 2002-03 school year the class size limit
for alternative schools shall be 18 students per class.
3. It is the goal of the District to reduce class size
for grades 4 through 12.
To accomplish this, a comprehensive implementation study
will be commissioned and a report thereon issued no later than July 1,
2003.
The objective of the study will be to identify
strategies to reduce class size in grades 4 through 12. The study will
include a cost and facility analysis.
The Detroit Federation of Teachers will be asked to
participate in this implementation study.
4. Organization of Grades
Classes shall be "organized" for the fall and for the
spring semesters at levels sufficiently below the above maximums so that
school population shifts will not result in classes exceeding the
maximums.
For grades kindergarten through five, classes shall be
"organized" at a level sufficiently below 30 so as to provide a
reasonable expectation that school population shifts will not result in
class sizes exceeding the mandatory limit of 30 students. For grades six
through twelve, classes shall be "organized" at a level sufficiently
below 35 so as to provide good faith assurance that school population
shifts will not result in class sizes above 35.
*These maximums also apply to summer school. The parties
agree that there may be exceptions. In such instances, the oversize
classes shall be shared equitably within the area of grade and/or
subject assignments. Total student load shall not exceed 108 in grades
K-5 and 115 in grades 6-12 respectively for a teacher with three classes
when it is necessary to maintain the summer school program.
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When split grades are necessary in order to comply with
the mandatory class size maximums, the split class shall have groups
which are closest to each other in reading achievement level. Split
grade assignments shall be rotated with provision for mutual exchange or
continuation of split classes with the approval of the administration.
Such assignments shall be shared equitably within the area or grade
and/or subject assignments.
5. Reorganization of Classes, etc.
a. From and after the 4th Wednesday in the fall and the
2nd Wednesday in the spring semesters, if oversize classes in grades K-5
develop as a result of additional pupils entering the school or if
classes above 30 are the result of inequitable school organization,
classes shall be reorganized by the school administration within 10
school days with provision for additional teacher service, extra
assistance and/or other types of relief so that no class exceeds the
above maximums.
b. From and after the 4th Wednesday in the fall and the
2nd Wednesday in the spring semesters, if in spite of good faith
efforts, oversize classes in grades 6-12 develop or if classes above 34
are the result of inequitable school organization, classes shall be
reorganized by the school administration within 10 school days with
provision for additional teacher service, extra assistance and/or other
types of relief so that no class exceeds the above maximums.
c. In schools involving at least 45% of the enrolled
students in reorganization, one-half (
1.2)
day will be provided for updating records and planning.
B. Class Size Review Board
1. The Class Size Review Board shall act to assure that
the class size maximums are not exceeded. The Class Size Review Board
shall be composed of at least three teachers selected by the Union and
at least three administrators appointed by the CEO
2. The Class Size Review Board shall have the power to
investigate complaints from any teacher or from the Union concerning
violations of class size maximums as stated above, or inequitable school
organization which results in class sizes over 30 in grades K-5 and 34
in grades 6-12. Further, the Class Size Review Board shall have the
power to act on its own motion; to select particular schools and
particular classes in selected schools for review; to effectively
recommend the priority and method of correcting any inequities found
including provision for additional teacher service, extra assistance
and/or other types of relief; and to recommend the use of specific State
and/or Federal Funds.
3. The Class Size Review Board in arriving at its
conclusions shall reasonably evaluate the number of classroom teachers
and the amount of space available; the objectives of the instructional
program; the educational advantage and desirability of utilizing
available teachers to reduce class size in basic programs and in
programs where specialized instruction has been determined to be
necessary; and the desired goals of quality integrated education jointly
shared by the District and the Union.
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4. Class size complaints are to be filed with the
co-chairpersons of the Class Size Review Board. If they are unable to
resolve a complaint within five (5) school days after filing, they shall
refer the complaint to the Class Size Review Board which shall consider
the complaint and make its recommendations to the CEO and the Union
within ten (10) school days after the complaint has been referred to it.
5. In the event a recommendation of the Class Size
Review Board is not implemented by the administration within ten (10)
school days after the recommendation is referred to the CEO and the
Union, the Union may grieve under Article XXIII of this Agreement
beginning at the Step 3 level. For purposes of class size grievances the
time allowed for scheduling the hearing after receipt of the appeal
shall be ten (10) school days and the decision shall be communicated to
the Union within five (5) school days after the hearing. Upon
notification of the need for additional time, one five (5) school day
extension will be granted for communicating the decision. In the event
the Class Size Review Board does not timely agree on a recommendation to
resolve a class size complaint, the Union may grieve under Article XXIII
of this Agreement beginning with Step 3 except that the abbreviated time
limits in the preceding paragraph will apply.
C. Class Size Resolution Process
When the Union Co-chair of the Class Size Review Board
presents a class size complaint to the District Co-chair, the District
Co-chair shall promptly (within 5 school days) send the class size
complaint (District form) to the CEO’s designee.
The CEO’s designee shall respond to the complaint in
writing within 5 school days. His or her response shall include actions
which will be taken to resolve the complaint or reasons why the
complaint cannot be resolved.
If the CEO’s designee does not respond within 5 school
days, the District Co-chair shall telephone the CEO’s designee for a
response. The response shall be sent to the Union promptly after receipt
by the Co-chair.
If the CEO’s designee recommendation resolves the
complaint, the recommendation shall be implemented as expeditiously as
possible. If the CEO’s designee indicates the complaint cannot be
resolved, the Committee will meet — generally within 10 school days of
receipt of the CEO’s designee response. The Co-chairs and the Class Size
Review Board shall review the matter and attempt promptly to reach
agreement on a recommendation to resolve the complaint. If a
recommendation is made, it shall be submitted promptly to the CEO If the
Class Size Review Board cannot agree on a recommendation, the parties
have recourse to collective bargaining agreement (CBA) provisions on
class size, provided that any resultant grievance shall be filed at Step
2 of the grievance procedure.
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The CEO shall respond to the recommendation within 10
school days if reasonably practicable.
The Class Size Review Board shall issue a monthly status
report identifying all class size complaints, the status of each
complaint in this process and the status of implementation efforts by
the principals. The District Co-chair shall have primary responsibility
for assessing status of the complaints and implementation efforts.
If the Union is not satisfied with progress on
implementation efforts, it may utilize the CBA class size procedure,
i.e. grievance and arbitration.
For the purposes of grievance and arbitration,
unresolved class size complaints may be aggregated, that is one
grievance filed regarding class size complaints.
D. Compensation for Oversized Classes
1. a. Beginning the first semester of the 1997-98 year,
all teachers K-12 whose class size exceeded the contractual maximum by
one or more students, as verified by student report cards issued by the
teacher at the first or second card marking period, shall be compensated
in the manner listed below.
b. Beginning the second semester of the 1997-98 school
year, all teachers K-12 whose class size exceeded the contractual
maximum by one or more students, as verified by student report cards
issued by the teacher at the third or fourth card marking period, shall
be compensated in the manner listed below.
c. All teachers K-12:
1-2 students over contract maximum 1 day’s pay
3-4 students over contract maximum 2 day’s pay
5 or more students over contract maximum 3 day’s pay
2. Each class K-12 claiming an overage (size in excess
of the contract maximum) must first be acknowledged and recorded by the
Class
Size Review Board (CSRB), no earlier than the class
reorganization date identified in the DFT collective bargaining
Agreement and no later than the first report card marking.
Once recorded, the CSRB will make all reasonable efforts
to reduce each oversized class enrollment to the class size maximum or
below pursuant to mutually agreed upon procedures. Said procedures
replace those set forth in Article VI.B(4) of the 1997-98 collective
bargaining Agreement.
The CSRB will meet regularly throughout the school year
to try and reduce all oversized classes. It is the responsibility of
each principal and the CEO’s designee to supply the CSRB with up to date
information of the status of oversized classes — no less than once per
month.
3. All teachers K-12 who do not have self-contained
classrooms shall not be paid as set forth above unless their total
enrollment per semester averages more than the contractual maximum.
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4.
Payment
Schedule:
a. The payment to teachers K-12 for the first semester
of the school year shall be made during the second semester but no later
than the end of the school year.
b. The payment to teachers K-12 for the second semester
shall be made between July 1, and the commencement of the following
school year. The parties shall meet no later than August 1, to compare
lists of eligible teachers, oversize class data and amount of payment to
each teacher.
E. Special Education Classes
The number of children assigned to special education
classes shall be in accordance with state recommended standards. In no
case shall this maximum be exceeded without prior consultation with the
teacher and notification to the Union.
F. Mainstreamed Students
The receiving teacher(s) shall be informed by the
sending teacher(s), in writing, in advance, of the special needs of
mainstreamed students. Maximum 30 and 35 class size limitations
otherwise applicable shall be unchanged.
G. Counseling Loads
Counseling loads shall be surveyed in individual schools
and adjustments made as soon as funds and/or staff permit.
By reallocation of clerical assignments, the clerical
assistance provided counselors shall be increased during the term of
this Agreement.
The parties agree to cooperate in efforts to more
effectively utilize available student assistants and school service
assistants to help relieve counselors of some of the routine tasks which
now interfere with their successful performance of primary counseling
duties.
H. Teacher Service
Relative achievement levels, reading and mathematics
scores on standardized tests, and the economic level of the families of
students in the local school community shall be considered as valid
factors in determining the amount of teacher service available to each
elementary school.
VII SCHOOL DAY
A. Purpose
Teachers shall use the school day for:
1. Planning and preparing for their classes.
2. Teaching their pupils.
3. Evaluating pupil progress and discussing with their
colleagues the effectiveness of their own planning and implementation of
their plans.
4. Reporting their evaluations of pupil progress to the
school administration and to the parents of the children whom they teach
at appropriate times during the school year.
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5. Assuming other responsibilities for the education,
health, safety, and welfare of their pupils.
6. Provide professional service to the school and
community for the purpose of assisting in the development and
implementation of quality education in the School District of the City
of Detroit.
B. Teachers’Meetings
1. Teachers should plan to reserve Wednesday afternoon
for building meetings or for development, coordination and
implementation of the school improvement plan. Meetings will be
scheduled as necessary by the building Principal. Unless the principal
and Union agree otherwise in advance, the length of the Wednesday
meeting period should be limited to one (1) hour.
During the school improvement period, teachers may work
in pairs, groups, teams or even alone as appropriate to prepare lesson
plans and to do other implementation, development and coordination work
needed to realize the school’s local improvement plan.
Principals will determine the frequency of WEDNESDAY
teachers’ meetings in accordance with Article VII.
2. Both parties recognize the value of utilizing an
occasional citywide meeting. When such meetings are necessary, attempts
will be made to televise them, preferably on a Wednesday.
3. No more than six (6) meetings per year may be used
for in-service/ workshop activities without remuneration. Such meetings
are not to be consecutive. The length of the in-service/workshop
meetings shall follow the guidelines above. Specific techniques for
teachers to use in providing improved instructions and assistance to
students will be a priority for meetings devoted to in-service/workshop
activities.
C. Clock Hours
Effective the 2002-2003 school year, no school day shall
begin prior to 7:30 a.m. or later than 9:00 a.m.
1. The regular school day in elementary schools for
assigned teaching, planning, and consultation functions shall be exactly
7 hours, which shall include a forty-five (45) minute duty-free lunch
period.
In order to assist with the supervision of students upon
entry, elementary teachers are to be on duty at their rooms at the entry
bell.
2. In middle schools the regular school day for assigned
teaching, planning and consultation functions shall be exactly 6 hours
40 minutes, which shall include a twenty-five (25) minute duty-free
lunch period.
3. Effective the 1997-98 school year, in senior high
schools the regular school day for assigned teaching, planning, and
consultation functions shall consist of not more then 7 hours and 51
minutes which shall include a lunch period. The high school lunch period
shall be fifty-three (53) minutes in duration. See also program in
senior high school.
Beginning the 2003-2004 school year, the high school day
shall be exactly 7 hours and five (5) minutes, which shall include a
fifty-five (55) minute duty-free lunch period.
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4. Registered Nurses will continue their former schedule
of working hours in order to be present whenever the children are
present, accomplish their work load, and continue to make home calls.
5. Educational Technicians, Compact Technicians, and
Special Instructors must be paid for all hours worked. If the work
assignment for an Educational Technician, Compact Technician, and/or a
Special Instructor is equal to 1.0 FTE, their work hours shall be the
same as the school to which they are assigned and will include a paid
lunch. Work hours beyond the regular school day, shall be at the sole
discretion of the principal.
If an Educational Technician, Compact Technician and/or
Special Instructor is directed to attend any school-related activity
that falls outside of the regular work day (e.g. Wednesday staff
meeting, parent teacher conference or open house) they shall be paid
their regular hourly rate, subject to overtime statutes.
D. Program Assignments
1. No classroom teacher shall be required to teach
outside of his/her area of certification. (This clause is not intended
to change present transfer policy.)
Only counselors and certified teacher-guidance
counselors will be placed in counseling positions except on a temporary
basis not to exceed 60 days or when the position is being held because
of an illness absence.
Counselors and teacher-guidance counselors must be
selected from the official Eligibility Pool established by the District
except for temporary or illness placements as described above.
2. Teachers may express in writing to their principal
their preference of grade level, subject, department assignment,
extra-curricular assignment, school committee. Requests for the
following semester assignment shall be made by October 15 or March 15.
Such requests shall be kept on file for one school year
in an accessible place. These requests shall be given consideration as
vacancies occur in the building on the basis of seniority, priority of
request in the case of tied seniority, competency of the individual in
the judgment of the principal.
Requests which were not acted upon shall be re-filed
each September to remain active. A teacher whose request was not acted
upon may ask for an explanation.
In order that teachers not be "frozen" into positions, a
teacher upon request shall be relieved of a section within a grade
level, room, or extracurricular activity after a period of not more than
one year, or in high school one semester, after the teacher makes such a
request.
Duties shall be rotated, with provision for mutual
exchange or continuation of duties with the approval of the
administrator.
3. School administration shall call upon the police
department to perform police duties in and around schools.
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Teachers should not be assigned to police off-campus
areas. Teachers may be assigned to supervise students at regularly
scheduled off-campus school events.
4. Tentative school programs, room changes, and
assignments shall be posted on the official school bulletin board, or
other readily accessible place, not later than ten (10) working days
before the end of the previous school semester. Final programs shall be
posted when established.
5. When there is a change of assignment for a School
Social Worker, sufficient time will be allowed for the Social Worker to
come to closure with his/her students, school staff and to complete
records.
6.
SMI/SXI
Program
All teachers currently classified as 48-week employees
in the SMI/SXI program will be reclassified as 39-week employees.
The 48-week SMI/SXI Program will be continued on a
year-to-year basis at the discretion of the School District of the City
of Detroit.
If a waiver is made to the state, it will be submitted
no later than January 31 and the Union will be notified of the waiver
application.
If the SMI/SXI program is not extended beyond 39 weeks,
the teachers effected will be free to apply for other summer school
positions.
If the SMI/SXI program is extended beyond 39 weeks, the
teachers selected to work will be paid at their regular daily rate.
Teachers will be selected to work the extended program
based on certification, number of students enrolled, and system wide
seniority.
7. Effective the 1992-93 school year, all Health and
Physical Education teachers shall have a valid/current CPR Certificate
on file in the Office of Administrative/Instructional Personnel by the
beginning of the second semester.
Effective the 1992-93 school year, and thereafter, all
Health and Physical Education teachers newly assigned/transferred to a
school where there is a swimming pool must have and maintain a valid
Lifesaving Certificate on file in the Office of
Administrative/Instructional Personnel.
Effective the 1993-94 school year, at least 50 percent
of the Health and Physical Education teachers currently assigned to a
school where there is a swimming pool must have a valid/current
Lifesaving Certificate on file in the Office of
Administrative/Instructional Personnel. Where transfers are necessary,
seniority shall prevail.
The District will provide the opportunity for Health and
Physical Education teachers to secure and maintain CPR certificates.
The District will provide the opportunity for
Health and Physical Education teachers who are assigned to a school
where there is a pool to secure and maintain the Lifesaving
certificates.
E. Classroom Teaching Periods
Effective the 1986-87 school year, the general practice
of scheduling classroom teaching periods shall be covered by the
following standards. Deviation may occur where there is mutual consent
for experimental programs or where other temporary conditions require
it.
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1. JROTC instructors and assistants shall assume those
duties assigned by the principal which are not in conflict with site
accreditation requirements and North Central regulations in addition to
the particular responsibilities related to their sphere of instruction
(military materials-uniforms-etc.).
In the 1997-98 school year, all class periods at the
high school level will be fifty-three (53) minutes long, with the
exception of one (1) period per day which will have a twelve (12) minute
record period attached to it. A minimum of five (5) hours and fifty-five
(55) minutes of time defined as instruction by the guidelines set forth
by the Michigan Department of Education will be provided.
The regular school day for assigned teaching, planning,
and consultation shall consist of not more than seven (7) hours and
fifty-one (51) minutes. Teachers shall cover halls during passing time
prior to their lunch period or preparation period. alternate schedules
may be developed by the administration as long as they meet with the
state mandated hours of instruction.
All class periods at the high schools shall be
fifty-five (55) minutes long, with the exception of one (1) period that
will have a ten (10) minute period attached to it. A minimum of six (6)
hours and ten (10) minutes of time defined as instruction by the
guidelines set forth by the Michigan department of education will be
provided.
The regular school day for assigned teaching, planning,
and consultation shall be no longer than seven (7) hours and fifty-one
(51) minutes for the 2002-03 school year.
Beginning with the 2003-04 school year the length of the
high school day shall be no longer than seven (7) hours and five (5)
minutes.
Teachers shall not cover halls during passing time prior
to their lunch period or preparation period. Alternate schedules may be
developed by the administration as long as they meet the state mandated
hours of instruction.
The Union will be consulted in advance concerning such
proposed alternate schedules. When another assignment or other
educational responsibility which is equivalent to a class is assigned,
the teacher will be relieved of one of the five class assignments.
In senior high schools sponsoring a school paper, a
yearbook or a school play, the teachers involved shall not have more
than five classes, one of which shall be called Journalism (Y or N)* or
Drama. These classes may be extended into a duty period.
Dissimilar preparations per teacher in middle and senior
high schools should be limited to three (3). Prior to the assignment of
a fourth dissimilar preparation, the Administration and Union Committee
will meet to see if the additional dissimilar preparation can be
avoided. Dissimilar preparations shall not exceed five (5).
Each high school teacher shall have a 55-minute period
daily which shall be used for lunch.
Each high school teacher shall also have one 55-minute
preparation period daily.
Each high school teacher shall also have a 55-minute
duty period daily.
Beginning with the 2003-04 school year, the high school
duty period will be eliminated.
*Y designates Yearbook — N designates Newspaper.
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High School Sixth Period
The parties reaffirm the Letter of Agreement dated
January 9, 1987 regarding the policy and procedure when a high school
teacher agrees to teach a sixth (6th) class.
The letter states that teachers certified and qualified
to teach in those areas designed as being short due to the lack of
personnel may volunteer to accept an additional class. Such classes in
the high schools shall be taught during duty periods by persons
volunteering.
Subsequent to receiving written applications, additional
assignments shall be first offered to members of the department in which
the class is scheduled, based on seniority. Eligible teachers must be
satisfactory in their current assignment in order to qualify.
Shortage areas will be identified at the beginning of
the school year or semester with the understanding that the Board’s goal
is to fill all vacancies with regular full-time teachers and offer
additional classes to staff only when it becomes apparent such positions
cannot be filled.
The Union will be notified of each shortage area so
identified before providing assignments.
Such additional assignments shall be for one semester.
Each class period shall be considered a one-hour assignment with
teachers being paid one-eighth (
1.8)
[0.125] of their daily rate.
Teachers who volunteer and are assigned to teach
additional classes will still work their regular clock hour day while
receiving compensation for the assignment.
The school administration, in consultation with the
Union Committee, shall prioritize staff needs for various duty
assignments. The administration will make multiple assignments based on
priorities established.
Duties shall not include preparation, plans, grading or
reports unless time is provided during the period.
Every effort shall be made to assign each teacher to one
(1) classroom by making full use of each available classroom in the
school for instructional purposes.
When teachers are required to teach in more than one (1)
classroom, every effort shall be made to limit the total number of
classrooms to three (3).
2. The middle school teaching program shall consist of
teacher-pupil contact by each teacher of 315 minutes per day. This time
shall be utilized for instructional periods, record-homeroom, and
passing time between classes.
Each middle school teacher shall teach five 55-minute
periods, one 15-minute record-homeroom and supervise students during
passing time between classes. Alternate schedules may be developed by
the administration as long as they meet the 315 minute requirement.
The Union will be consulted in advance concerning such proposed
alternate schedules.
When another assignment, such as a duty or other
educational responsibility which is equivalent to a class is assigned,
the teacher will be relieved of one of the five class assignments.
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Each middle school teacher shall have a twenty-five (25)
minute lunch period daily.
Each middle school teacher shall have a daily
preparation time of fifty (50) minutes.
3. Beginning with the 2002-03 school year, each
elementary teacher, (Pre-K-5) shall receive a minimum of four (4) sixty
(60) minute preparation periods per week within the regular school day.
Beginning with the 2003-04 school year, each elementary
teacher, (Pre-K-5) shall receive a minimum of five (5) sixty (60) minute
preparation periods per week within the regular school day.
4. When a teacher’s preparation period must be assigned
for other purposes, the assignments shall be rotated so that all of the
staff share these burdens equitably.
5. Whenever a teacher loses scheduled preparation time
at the request of the administration, the teacher shall subsequently be
granted, at a mutually convenient time, time for preparation equal to
the preparation time lost. Time must be repaid within five school months
of the time lost.
Effective July 1, 1997, lost preparation periods shall
not carry over from one school year to the next school year. Lost
preparation periods not made up by the end of the school year shall be
compensated in the form of the current hourly rate.
6. Substitute service shall be provided for teachers who
accompany pupils on APPROVED field trips whenever a school is unable to
provide class coverage without a substitute. This clause is not intended
to COVER the loss of preparation periods nor is it intended to preclude
the voluntary exchange of preparation periods.
F. Interruptions
Classroom interruptions are detrimental to a good
learning environment and to the continuity of a well planned classroom
operation. Therefore, teachers and administrators accept the joint
responsibility to minimize such interruptions.
G. Lunch Period
1. Elementary
Every elementary teacher shall have a duty-free lunch
period of exactly forty-five minutes except in case of emergencies.
Arrangements for aides shall be completed by the fifth week of the
school year.
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2. Special Education
The Administration will provide Special Education
teachers with a full lunch period free of supervision of children as
rapidly as possible.
In any school where lunch time relief has not been
provided, the Administration shall, on request of the Union, state the
reason(s) in writing.
3. Counselors
Counselors will have a scheduled duty-free lunch period
corresponding to the lunch period for teachers in the same building. In
each building, lunch periods of counselors shall be scheduled so as to
insure maximum available counseling service to students throughout the
lunch times. Except in emergencies, counselors’ lunch periods will not
be interrupted.
H. Relief from Non-Teaching Chores
To the extent that Federal or other funds are available
for such purposes, School Service Assistants should be provided to
handle non-teaching chores connected with the classroom under the
direction of the assigned teacher.
The use of teachers to perform non-instructional
functions shall be kept to a minimum and positive action shall be taken
by the Administration to eliminate the need for teachers to perform such
functions as soon as funds and staff permit. Positive action will
include seeking out and utilizing state and federal funds. In the event
that it is necessary to assign teachers to non-teaching duties, it shall
be on an equitable basis for the entire staff.
The assignment of School Service Assistants in a
particular school is a proper subject of discussion between the
Administration and the School Union Committee. Before finalizing the
assignment of School Service Assistants in a particular school the
principal will afford the School Union Committee the opportunity to make
observations concerning them.
I. Release from Assigned Duties for Building
Representatives
In any senior high school in which there are more
teachers than are necessary to fill the required study hall assignments,
the Union duties of the Union building representative shall constitute
his/her duty assignment.
In any elementary or middle school in which there are
more teachers than there are homerooms or conference classes, whichever
is applicable, the Union building representative shall be excused from
such assignment. In schools where no such relief is possible, relief
from some other duty assignment shall be arranged.
It is understood that in the determination of whether or
not there are a sufficient number of teachers in the elementary school
available to perform required duties, the parties acknowledge the
necessity to consider such factors as the size and organization of the
particular school. In consideration of such factors, however, the
priority will be given to the School Union Representative whenever it is
determined that at least one of the teachers in such building is to be
released from a duty assignment. In no case shall release from such
assignment deprive students of essential
services.
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In determining whether or not there are more teachers
than necessary to cover homeroom or conference classes, teachers
assigned to more than one school for the purpose of providing supportive
services shall not be counted.
In pursuance of his/her Union duties the Union building
representative shall not interfere with any teacher who is engaged in a
regular class, a duty, a conference, or homeroom assignment.
VIII. DISCIPLINE
A. Within the framework of the Discipline and Corporal
Punishment Policy of the School District of the City of Detroit a
consistent and reasonable discipline procedure shall be developed within
each school by the principal, assistant principal, department heads,
counselors, and classroom teachers. Counselors and classroom teachers
shall be selected by the instructional staff.
B. The teacher’s authority in his/her classroom is
undermined when pupils discover that he/she has little or no
administrative backing in discipline. As a result the entire school
suffers deterioration in standards, morale, and climate favorable for
teaching and learning.
C. A teacher may exclude from his/her class a child who
in the teacher’s opinion is causing serious disruption. The teacher
shall be available to confer with the principal or assistant principal
or counselor to provide the necessary information concerning the problem
and shall provide a statement of the problem in writing as soon as
possible not to exceed twenty-four hours. The teacher will re-admit the
child after some adjustment has been made, following a conference with
the child and at least two of the following parties as determined by the
principal: an administrator, a counselor, school social workers, school
psychologist, attendance officer, a parent of the child.
Whether the teacher is present shall be determined by
mutual agreement between the principal and the teacher. The teacher
shall be provided a verbal statement of the results of the conference
before the child is returned to class. A written statement of the result
of the conference and/or adjustments will be given to the teacher as
soon as possible, not to exceed 24 hours after conclusion of the
conference.
D. Following such a conference one of several courses of
action will be taken:
1. The child will be returned to the class with the
understanding that he/she will correct his/her behavior.
2. Depending upon the seriousness of the infraction, the
child may be returned to class while his/her case is being referred to
one of the special services by the school social worker, school
psychologist, or an attendance officer/agent.
3. In case all the teachers who work with a child in
regular classes recommend suspension and the principal disagrees, the
teachers shall address a request to the designee of the CEO who shall
meet with the principal and the teachers to determine if the child shall
be suspended.
4. The child will be suspended by the principal.
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E. Examples of offenses for which teachers may exclude
students from class: profanity or obscenity, fighting, gambling,
possession of tobacco, class skips, deliberate and open defiance of
authority, inciting others to violence or disobedience, possession of
pornographic literature, petty theft, petty vandalism.
F.
Security.
The police department shall
be called immediately in the event a criminal act is committed on school
property.
1. Examples of offenses which require principals to
notify police: extortion of money or articles, possession of narcotics,
arson or attempted arson (notify Fire Department), use or possession of
alcoholic beverages, serious theft, serious vandalism, false reports of
fire and bombs, possession of knife or other weapons, possession and/or
sale of fireworks.
Upon inquiry, the principal will inform the teacher of
the status of the case. The principal and the teacher will cooperate in
the prosecution of the case upon request.
G. Suspension may result from any persistent
disobedience that interferes with the well-being of other students or
that prevents the teacher from carrying on normal class activities.
H. When in the opinion of the counselor his/her
dissemination of a discipline decision will destroy or seriously impair
the counselor/counselee relationship, the counselor will so inform the
principal or his/her designee and request the principal or his/her
designee to disseminate the discipline decision.
I. A continuous record of student discipline cases will
be maintained in a place available for staff use as a basis for
recommendations for suspension and intelligent administering of
penalties for misdemeanors.
J. Where a principal is unwilling or unable to support
teachers in maintaining school discipline, the principal’s superior
shall counsel with him/her and in the event his/her performance is not
improved further appropriate action shall be taken.
K. Principals shall report to the CEO and to the police
all cases of assault suffered by teachers in connection with their
employment in which injuries have been suffered or in which there
appears to have been malicious intent. Upon request, a copy of the
report will be given to the teacher.
In any reported assault case the Legal Affairs Office
shall:
1. Inform the teacher of his/her rights under the law in
connection with assault, and
2. Assist the teacher by acting as liaison between the
teacher, the police, and the courts.
L. A child who assaults a teacher will be suspended. Age
and size of the offender will be taken into consideration.
When the parent/guardian of a student assaults a
teacher, the student shall be transferred to another school.
If requested by the teacher, the District shall expedite
the immediate transfer of the teacher to another school where a vacancy
exists for which the teacher is certified. If no vacancy exists, the
teacher may request CTAL status.
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M. It is recognized that, in developing responsible
student conduct the positive disciplinary techniques of example,
counseling, and guidance should take precedence over punitive
disciplinary measures.
In this regard, this Agreement provides for
communication with parents on matters of discipline, safety, and other
local school regulations (Article XI, Section C.), and Union-sponsored
workshops on classroom management
(Article XVIII, Section G, fifth paragraph).
It is general policy to expect that teachers will
maintain discipline by means other than the use of corporal punishment.
Therefore, use of corporal punishment as a routine measure is not
contemplated.
This policy does not prohibit corporal punishment (as
provided by Chapter 15, School Code of 1955, Section 755, et. seq.) but
does restrict its use to those cases in which there is no adequate
substitute treatment.
However, a distinction must be made between physical
restraint, which is occasionally necessary to keep a young person from
injuring himself/herself or others, and punishment, which is utilized to
discourage repetition of misbehavior.
Punishment which, in the judgment of the CEO is more
severe than that which might be administered by a reasonable parent;
which is cruel or excessive; which is more severe than indicated by the