CENTRAL DAUPHIN CENTRAL DAUPHIN SCHOOL DISTRICT - Education Association AND Agreement Between July 1, 2017-June 30, 2021 - Big Spring ...
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Agreement Between
CENTRAL DAUPHIN
Education
Association
AND
CENTRAL DAUPHIN
SCHOOL DISTRICT
July 1, 2017-June 30, 2021
TABLE OF CONTENTS
AGREEMENT . ............................................................... 1
ARTICLE I RECOGNITION .............................................................. 1
ARTICLE II DURATION ................................................................... 2
ARTICLE III SALARY ........................................................................ 2
ARTICLE IV ILLNESS OR DISABILITY .............................................. 6
ARTICLE V LEAVE OF ABSENCE . .................................................... 7
ARTICLE VI UNPAID LEAVES OF ABSENCE . ................................. 10
ARTICLE VII GROUP INSURANCE .................................................. 12
ARTICLE VIII RETIREMENT PAY ..................................................... 16
ARTICLE IX PROFESSIONAL DEVELOPMENT AND
EDUCATIONAL IMPROVEMENT . .............................. 18
ARTICLE X PROFESSIONAL EMPLOYEES’ RIGHTS
AND PRIVILEGES ...................................................... 22
ARTICLE XI PROFESSIONAL EMPLOYEE
RESPONSIBILITIES .................................................... 24
ARTICLE XII ASSOCIATION RIGHTS AND PRIVILEGES ................ 28
ARTICLE XIII ASSOCIATION RESPONSIBILITIES ........................... 30
ARTICLE XIV MEET AND DISCUSS .................................................. 30
ARTICLE XV GRIEVANCE PROCEDURES ........................................ 31
ARTICLE XVI MISCELLANEOUS PROVISIONS ................................ 31
ARTICLE XVII WAIVER ..................................................................... 32
ARTICLE XVIII EQUAL OPPORTUNITIES ........................................... 32
ARTICLE XIX NO LOCK-OUT – NO STRIKE PROVISION . ................ 32
ARTICLE XX MANAGEMENT’S RIGHTS
AND RESPONSIBILITIES ........................................... 32ARTICLE XXI GOVERNMENT REGULATIONS
AND SEPARATION .................................................... 33
ARTICLE XXII OBSERVATIONS AND TERMINATIONS/SUSPENSIONS.... 34
ARTICLE XXIII SUMMER DUTY FOR COUNSELORS............................ 34
ARTICLE XXIV SUMMER ACADEMY................................................... 35
ARTICLE XXV PROFESSIONAL ATTIRE.............................................. 35
APPENDIX A GRIEVANCE PROCEDURE .......................................... 35
APPENDIX B DEFINITIONS ............................................................. 38
SALARY SCHEDULES . ............................................... 40
APPENDIX C CONDITIONS – EXTRACURRICULAR ....................... 43
EXTRACURRICULAR SALARIES ............................... 45
CONDITIONS-EXTRACURRICULAR COACHES . ....... 49
EXTRACURRICULAR COACHES SALARIES .............. 50
APPENDIX D CONDITIONS – DEPARTMENT CHAIR ...................... 54
APPENDIX E SIGNATURE PAGE ...................................................... 55CENTRAL DAUPHIN SCHOOL DISTRICT
600 Rutherford Road
Harrisburg, Pennsylvania
AGREEMENT
THIS AGREEMENT is entered into by and between the Board of
School Directors of the Central Dauphin School District, Harrisburg,
Pennsylvania, hereinafter called the “Board” and the Central Dauphin
Education Association, hereinafter called the “Association.”
ARTICLE I – RECOGNITION
A. The Board recognizes the Association as the exclusive representative
for collective bargaining purposes for wages, hours and other terms
and conditions of employment for all eligible professional employees
in the bargaining unit as certified by the Pennsylvania Labor Relations
Board (Case No. PERA-R-17c dated November 17, 1970) in accordance
with the provisions of the Pennsylvania Public Employee Relations Act,
Act of September 23, 1970, P.L. 565, No. 198, as amended 43 P.S. §§
1101.101-1101.2301 (“Act 195”). Nothing in this paragraph shall be
construed to modify any of the other provisions of this Agreement or to
confer rights or to impose obligations beyond those expressly set forth in
this Agreement.
B. When used herein, the term “teacher” or the term “employee” shall mean
“member of the Unit” which includes regularly employed teachers under
contract to the Central Dauphin School District (hereinafter called the
“District”), department chairpersons, librarians, guidance counselors,
nurses, health professionals with R.N. degrees, home and school visitors,
school psychologists, reading specialists, and professional employees in
the Special Education Services Department.
C. It is agreed teachers employed less than full time shall qualify for benefits
under this Agreement only on a pro-rata basis in such proportion as
their part-time employment shall bear to full time employment. In cases
of insurance, benefits shall be for full amount of coverage with the
District bearing a pro-rata share of the premium or equivalent thereof.
D. The Association recognizes the paramount responsibility of the Board
for the operation of the District. The Association further recognizes the
responsibility of the Superintendent and her/his administrative staff to
carry out District Policy as established by the Board.
1ARTICLE II – DURATION
A. This Agreement shall be effective as of July 1, 2017, and shall continue
in effect until 12:00 midnight on June 30, 2021 and shall thereafter
continue in effect from year to year unless written notice of termination,
or a desire to modify this Agreement is given to either party by the other
party in writing in sufficient time as to permit the parties to comply with
the collective bargaining schedule established by the provisions of Act
195 and the Act of July 9, 1992, P.L. 403, No. 88, as amended, 24 P.S. §§
1101-A - 1172-A (“Act 88”). If negotiations for an Agreement are not
completed prior to the expiration date, this Agreement shall terminate
unless extended by written mutual Agreement by the parties hereto.
B. Notice hereunder shall be given by certified mail. Notice shall be deemed
completed at the time of mailing. If the Notice is given by the Board,
it shall be addressed to the President of the Association. If the Notice
is given by the Association, it shall be addressed to the Superintendent
of the District. Either party may, by written notice given in accordance
with the terms of this section, change the address to which certified mail
notice to it shall be given.
ARTICLE III – SALARY
A. Starting Salary.
The starting salary of employees shall not be less than what is set forth on
step 1 of the salary schedules attached hereto for each respective year of
the Agreement. The District reserves the right to pay any new employee
more than that set forth on the salary schedule consistent with current
practice.
B. Adjustment.
1. To be eligible for a full salary adjustment for each year of the life
of the Agreement, members of the bargaining unit shall have
completed at least one hundred twenty (120) days of active service
on the payroll of the District during each year of the Agreement.
2. Except as set forth in Paragraph A of this Article, the parties
agree that the salary provided by the Agreement for each
full time member of the bargaining unit for the length of the
Agreement shall be as set forth in the Salary Schedules attached in
Appendix B.
3. Employees completing course work qualifying them for a change in
level of preparation for salary purposes shall be placed at their new
salary level the last regularly scheduled pay day in October or the
last regularly scheduled pay day in February, whichever comes first,
2of the school year in which course requirements are completed and
following the presentation of an official transcript and Application
for College Credit Salary Increment form to the Director of Human
Resources by October 1st and February 1st.
C. Payment of Salary.
Each employee covered by the provisions of this Agreement shall receive
her/his annual salary in bi-monthly payments. Each bi-monthly payment
shall represent approximately one twenty-fourth (1/24th) of the annual
salary. These payments will be made on the 15th and the 30th of each
month, with February’s final payment on the 28th. The first payment will
be on August 30th of each year. If the 15th or 30th falls on a weekend the
pay will be dated the preceding Friday. If the 15th or 30th falls on a bank
holiday the pay will be dated the preceding business day.
D. Length of School Year.
The number of teacher days will be one hundred ninety one (191).
E. Per Diem Pay.
Other than the additional compensation for teachers subject to Article
III Sections H, I, J, and K below, members of the bargaining unit who are
required, in any school year, to work beyond the number of days established
in Article III Section D above, will receive per diem compensation for the
additional days, computed on the basis of their regular annual salary.
F. Department Chairpersons.
The existence of positions of Department Chairpersons and the
employment and/or continued employment of Department Chairpersons
shall be at the sole discretion of the Board and shall not be subject to the
Grievance Procedure. (Appendix A)
Department Chairpersons are responsible for up to 10 hours of curriculum
writing and development as part of their supplemental contract and as
outlined in their job description.
G. Extracurricular.
Employees who are assigned by the Board to extracurricular activities shall
receive compensation as set forth in Appendix C.
H. Extra Assignments.
1. The following activities qualify as extra assignments: summer
school, homebound instruction, curriculum writing and
development (excluding department chairs first 10 hours),
pre-approved summer guidance, pre-approved summer I.E.P.
3development, academy trainers, participants in induction and pre-
approved co-op activities.
2. The employee services for such extra assignments (including
inductees) will be paid at the rate of thirty-two dollars ($32) per
hour for the 2017-2018 school year; at the rate of thirty-four
dollars ($34) per hour for the 2018-2019 and 2019-2020 school
years; and at the rate of thirty-six dollars ($36) per hour for the
2020-2021 school year.
3. The District may offer compensation to those employees who
are only participants (other than inductees) in extra assignment
activities at twenty dollars ($20) per hour.
I. Professional Coverage.
When coverage is necessary, it is the administrator’s responsibility to
request a substitute. In the event there are no substitutes available, the
administrator will request an employee to cover another employee’s
regularly assigned duties. The administrator will assign an employee to
cover the class by assigning a teacher from the list of teachers assigned a
non-teaching duty during the applicable time period. Such assignments
will be made on a rotating basis, and will not be eligible for additional
compensation when assigned to cover during an assigned non-teaching
duty period, including team planning period.
The administrator may make said assignment from a list of teachers
scheduled for a preparation period during the applicable period. Such
assignments shall be made on a rotating basis to the extent possible.
Secondary employees assigned a teaching period during their regularly
scheduled preparation period will be compensated per hour as stated in
section H.2 above and one (1) hour shall be deemed to be the length of a
planning period.
Each elementary school employee who is assigned to cover a class during
his or her preparation period will be compensated per hour as stated in
section H.2 above. Each elementary school employee who is assigned a
percentage of a class for which professional coverage is needed shall be
compensated at a rate of two-hundred twenty five dollars ($225), with
such compensation pro-rated for a fraction of a day and a fraction of a
class. When a “special” period is cancelled which results in the employee
losing his or her regularly scheduled preparation time, said employee shall
be compensated at the rate stated in section H.2 above.
J. Board-Required Hearings.
When a teacher is required by the Board to appear at any formal hearing
relating to the status of a student, and the teacher is required to appear
4either before or after his or her regular school day, for the purpose of either
preparation for or attendance at such a hearing, the teacher shall be paid
a fee of nine dollars ($9) for the first hour or less of such preparation or
hearing, and at the rate of nine dollars ($9) per hour for each additional
hour or part thereof.
K. Teacher Induction Program Compensation.
1. A teacher selected to be a “mentor teacher” in the District’s Teacher
Induction Program shall be paid as follows: a teacher who serves
as a “mentor teacher” for an entire school year shall be paid an
annual stipend of eight hundred dollars ($800); a teacher who
serves as a “mentor teacher” for only one (1) semester of a school
year shall be paid a stipend for that semester of four hundred
dollars ($400). “Mentor teachers” required to work in connection
with the District’s Teacher Induction Program beyond the number
of days established in Article III Section E of this Agreement for
Teachers will receive additional pay at the hourly rate then in effect
as prescribed by Article III Section I.
2. As a condition of employment, teachers new to the District will
be required to participate in professional development for two (2)
additional days beyond the number of days established by this
agreement for teachers. Teachers whose participation requires
them to work beyond these two (2) additional days and the number
of days established by this Agreement for Teachers (Article III
Section E) will be paid at the hourly rate specified in Article III
Section I.
3. One half (1/2) day of the two (2) additional days will be designated
for CDEA use. The District will notify the CDEA president two (2)
weeks prior to the New Teacher Induction Program to schedule the
Association allotted ½ day.
No portion of the compensation paid in connection with the District’s
Teacher Induction Program shall be or become a permanent part of the
salary of the teacher.
L. Direct Deposit.
The employees covered by this agreement will receive their compensation
via direct deposit.
5ARTICLE IV – ILLNESS OR DISABILITY
A. Long-Term Disability Insurance.
Long-term disability insurance will be provided to all professional
employees. The insurance will provide for up to an integrated maximum
of sixty percent (60%) of the employee’s salary up to a maximum of three
thousand one hundred dollars ($3,100) per month. There shall be a waiting
period of three (3) months after the occurrence of the disability. If an
individual is disabled and has exhausted all full-pay sick leave to cover the
waiting period, the District will pay half-salary from the date of exhaustion
of all sick leave until the end of the waiting period. The employees shall
otherwise be subject to all terms, conditions, limitations and qualifications
of the insurance policy obtained by the District.
The Association will be provided a copy of the disability insurance policy
initially and upon every renewal.
B. Workers’ Compensation Rates.
1. Absence due to a job-related injury incurred in the course of the
teacher’s employment shall not be charged against the teacher’s
sick leave days, and the Board shall pay to such teacher the
difference between the teacher’s base weekly salary and weekly
benefits received under the Pennsylvania Workers’ Compensation
Act not to exceed a maximum of thirty (30) school days during
which the teacher would have been regularly scheduled for work.
2. Before granting half-pay benefits as set forth in section A of this
Article or the benefits in section B of this Article, the Board may,
within its discretion require the teacher to receive a physical
examination from the Board’s physician or such other physician
as may be designated by the Board and be certified physically
unqualified to return to work and assume all of the teacher’s usual
and customary responsibilities. In the event of a disagreement
between the teacher’s physician and the Board’s physician as to
whether the teacher is physically qualified or unqualified to return
to work and assume all of the teacher’s usual and customary
responsibilities, the written opinion of a mutually agreeable third
physician shall be obtained. Any fees of such a third physician
shall be shared equally by the Board and the teacher involved.
The written opinion of the third physician shall be the basis of
determination as to whether the teacher is physically qualified or
unqualified to return to work and assume all of the teacher’s usual
and customary responsibilities and shall govern.
6C. Sick Leave.
1. Each full time employee in the bargaining unit shall be permitted
to use up to ten (10) days per year of their ten (10) allocated sick
leave days to care for ill members of the employee’s household or
immediate family. These ten (10) family sick leave days shall be
non-cumulative. Part-time employees in the bargaining unit shall
be permitted half (1/2) of their annual allotment of sick leave days
for this purpose which shall not be cumulative.
2. The Board of School Directors reserves its right, pursuant to Section
1154(a) of the Public School Code of 1949, as amended, to require
the teacher to furnish a certificate from a physician, certifying that
said teacher was unable to perform his or her duties during the
period of absence for which compensation is required to be paid
under the Public School Code, and without prejudice to the Board’s
discretion to require the teacher to receive a physical examination,
as described above in section B.2 of this Article.
3. In the event that the employee has exhausted her/his sick leave,
under circumstances that do not qualify for FMLA or a medical
sabbatical, a request for additional days may be granted at
the discretion of the Superintendent or his/her designee for
extraordinary circumstances. The grant of any leave will not
constitute a past practice.
ARTICLE V – LEAVE OF ABSENCE
A. Jury Duty or Testimony.
Employees called for jury duty in a court of record or required under a
subpoena to give testimony before any judicial or administrative tribunal
shall be compensated wages the employee would have received if present
at work. Provided, however, that such compensation shall not be paid if
the subpoena relates to employment of the employee other than with the
Board or to any proceeding against the Board in which the Board has not
subpoenaed the employee to give testimony.
B. Bereavement Leave.
Whenever an employee shall be absent from duty because of the death
of a son, daughter, spouse, mother, father, brother, sister, parent-in-law,
stepparent, (childhood primary caregiver - up to a maximum of two (2)
people), or any other person verified to have been residing in the same
household with the employee, there shall be no deduction in salary for an
absence as a result of such death not in excess of five (5) business days
taken within seven (7) calendar days from the date of death or funeral
service.
Whenever an employee shall be absent from duty because of the death of
7a grandchild, grandparent, son-in-law, daughter-in-law or stepparent-in-
law, there shall be no deduction in salary for an absence as a result of such
death not in excess of three (3) regularly scheduled workdays occurring
between the date of death and the day following the funeral, inclusive.
Whenever an employee shall be absent from duty because of the death of
a first cousin, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, or
grandparent-in-law, there shall be no deduction in salary for an absence as
a result of such death not in excess of one (1) regularly scheduled workday
occurring between the date of death and the date of the funeral, inclusive.
In cases covered by one (1) regularly scheduled workday of bereavement
leave, as specified above, if the employee is required to travel in excess of
two hundred and fifty (250) miles one way to the place of the funeral,
the employee shall be entitled to not more than one (1) additional day of
bereavement leave with pay.
Upon request by the Superintendent or her/his designee, employees will
submit a written verification of their eligibility for this benefit.
C. Personal Leave.
1. Three (3) days of personal leave accumulative to a maximum of
five (5) days, will be granted to members of the bargaining unit
without loss of pay.
A request shall be made in writing to the employee’s Building
Principal at least two (2) school days prior to the requested leave.
Except in the event of a verified legitimate cause listed in paragraph
2 below, no reason need be stated. If, in the opinion of the Building
Principal, there is adequate coverage in the employee’s area of
responsibility, approval of the specific day requested for a personal
leave of absence will not be withheld. The foregoing to the contrary
notwithstanding, personal days may not be utilized during the
first fifteen (15) school days nor after the Memorial Day holiday
or on any one (1) day on which an in-service education program
or parent conferences are scheduled during the school day, except
in the case of a verified legitimate cause listed in paragraph 2
below with the approval of the Building Principal – prior written
approval, if possible, or verbal approval later confirmed in writing,
as appropriate; approved personal days may be taken on a day on
which an open house or back-to-school night is scheduled, provided
that the employee attends the open house or back-to-school night
as required by Article XI Section F.
2. For purposes of paragraph 1 above, the following situations are
regarded as causes:
8a. Maternity – wife having baby (one (1) day only).
b. Religious holiday.
c. To take any member of the immediate family to college.
d. To get married or to attend wedding of a friend or relative.
e. To take or bring home from the hospital any member of the
immediate family.
f. Court litigation directly involving the teacher.
g. Special school or court problems directly involving the teacher.
h. Settlement procedures for the purchase or sale of employees’
residence.
i. To attend funeral of a person not covered by the provisions of
this Agreement or the School Code.
j. Severe injury or illness involving members of the immediate
family.
k. Attend a high school or post-high school graduation of the
immediate family.
3. In the event that the employee has exhausted her/his personal leave,
unpaid days may be granted at the discretion of the Superintendent
for extraordinary circumstances.
4. Any personal days remaining at the end of the school year that will
put the employee above the five (5) day max cap in the subsequent
school year will be paid out at a rate of seventy-five dollars ($75)
per day.
D. Personal Day Approval Percentage.
Within the first fifteen (15) school days of each school year, after taking
into account the number of staff members permanently assigned to each
building and the number of itinerant staff members present in each building
from time to time, the District, in cooperation with the Association, shall
establish and define, for each building in the District for that entire school
year, the maximum number of employees in each building, based on a
ten (10) percent max cap, that may be approved for personal leave on any
one (1) day under section C of this Article, except that starting year in the
2017-2018 school year, during the month of May, five (5) percent, with a
minimum of one (1) employee, of the above described maximum number
of employees in any building will be approved for personal leave on any
one (1) day under section C of this Article. The maximum total number
of employees in each building that may be approved for personal leave
under this Article and professional leave under Article IX, on any one day
combined, shall not, however, exceed 1.5 times (150%) of the maximum
number of employees in each building that may be approved for personal
leave under this Article. In cases where a building’s max capacity has been
met, the above list referenced in Article V Section C.2 will serve as causes
for exceeding this cap.
9E. Sabbatical Leaves.
1. Sabbatical leaves of absence will be granted in accordance with
Sections 1166 through 1171 of the Public School Code of 1949,
as amended. Requests for all such sabbatical leaves of absence,
whether for a full school term or for a half school term, in either
semester, shall be filed with the Director of Human Resource’s office
no later than May 1 in the school year prior to the school year for
which such sabbatical leaves of absence are sought.
2. Where the sabbatical leave of absence is for the purpose of
completion of an earned-degree or certification program and the
employee completes such program, and if the employee agrees to
return to his or her employment with the District for a period of not
less than two (2) school years immediately following such leave of
absence, the employee shall receive sixty percent (60%) of his or
her regular salary during the period he or she is on sabbatical leave.
If the employee fails to complete the earned-degree or certification
program or if the employee fails to return to his or her employment
with the District for a period of two (2) years or greater immediately
following the leave of absence, the employee shall reimburse ten
percent (10%) of the salary received from the District during the
period he or she was on sabbatical leave. For purposes of this
provision, “return to his or her employment” shall mean returning
to actively performing the job functions held by that employee at
the time he or she began the sabbatical leave.
F. Association Business.
The District shall grant four (4) days paid leave per school year to the
President of the Association to conduct Association business. The
President will notify the Director of Human Resources, via the Building
Principal, when such absences will occur.
ARTICLE VI – UNPAID LEAVES OF ABSENCE
A. An unpaid leave of absence of up to two (2) school years may be
granted to any employee, upon written application to and prior written
approval by the Superintendent or his/her designee and the Board, for
the purpose of participating in exchange teaching programs in other
states, territories or countries; foreign or military teaching programs;
or a cultural, travel or work program related to her/his professional
responsibilities; provided said employee states her/his intention to
return to the school system. Such requests should be submitted to the
Superintendent or his/her designee by July 1. Upon return from such
leave an employee shall receive the same salary he/she would have
received had he/she taught in the District during such period, providing
such experience gained during the leave of absence is allowable and
10recognized in the retirement system (PSERS), and providing the
employee has signed a letter of agreement to return to the employment
of the District for a period of time equal to the leave.
B. An unpaid leave of absence of up to two (2) school years may be granted
to any employee, upon written application to and prior written approval
by the Superintendent or his/her designee and the Board, for the purpose
of engaging in a course of study at an accredited college or university
that is reasonably related to his or her professional responsibilities. Upon
return from such leave, an employee shall receive the same salary he/
she would have received had he/she taught in the District during such
period, providing such experience gained during the leave of absence
is allowable and recognized in the retirement system (PSERS) and
providing the employee has signed a letter of agreement to return to the
employment of the District for a period of time equal to the leave.
C. All benefits to which an employee was entitled at the time her/his leave
of absence commenced, including unused sick leave and credit toward
sabbatical eligibility shall be restored to her/him upon her/his return to
active employment with the School District. The employee shall not be
entitled to any benefits or accumulate any credits or eligibility toward
any benefits provided by the District to employees on the District’s active
payroll, including sick leave or credit toward any sabbatical eligibility,
for the duration of such unpaid leave of absence and until said employee
returns to active employment.
D. Upon written application, an unpaid leave of absence not to exceed two
(2) school years, may be granted to a member of the bargaining unit
who is elected or appointed to a full time office, Federal, State or local.
While on such leave of absence the bargaining unit member shall not
accrue any seniority for salary or other purposes, and shall receive no
insurance or other employment benefits from the Board.
E. Upon written application, an unpaid leave of absence not to exceed one
(1) calendar year either immediately before or from the birth or adoption
of a child will be granted for child-rearing purposes. The use of FMLA or
sick leave immediately following the birth or adoption of a child does not
extend the length of time a person may be on leave.
F. Upon written application, a leave of absence not to exceed two (2) school
years, may be granted to a member of the bargaining unit who is elected
to a full time office in PSEA or NEA. While on such leave of absence the
bargaining unit member shall not accrue any seniority for salary or
other purposes, and shall receive no insurance or other employment
benefits from the Board.
11ARTICLE VII - GROUP INSURANCE
1. Medical Benefits.
The District shall for all employees and their defined family dependents
provide the following options. It is intended that the District will provide
these options at the level of benefits that exist as of the effective date of this
Agreement (See Summary Plan Document). Election of benefits options
specified below shall be binding and may not be changed except during
regularly scheduled open enrollment periods or as permitted by law, by the
carrier’s rules or by the express terms of this Agreement:
Beginning the date of ratification of the Agreement, the Medical Benefit
Options will be as follows:
a. Option 1 – The School District shall provide a PPO medical and
prescription plan equivalent to the plan provided in the Summary
Plan Document (See Appendix E), and as changed by mutual
agreement of the parties. For all years covered by this contract,
the deductible shall be $250 per individual, $500 per two-person
coverage, and a maximum of $750 per family. Employees who
select this option shall pay the following co-pays: Primary Care
Physician Office Visit ($15); Specialist Office Visits ($25); Urgent
Care Center Visits ($50); and Emergency Room Services ($100).
b. Option 2 – A full time member who declines health insurance
coverage from the District will receive one thousand dollars
($1,000) in compliance with applicable Internal Revenue Service
regulations as said regulations pertain to “constructive receipt”.
To be eligible for this payment, the member must decline coverage
from the date of the open enrollment referenced in paragraph “g.”
below until July 1 of the following year and must provide proof of
other health care coverage via spouse or otherwise. Consistent
with applicable eligibility criteria, a member who elects Option 2
and loses alternative health care coverage due to a qualifying event
(e.g. spouse’s loss of employment or death) may select coverage
under Option 1 during the course of the benefits year. A full time
member may qualify for a similar payment in subsequent years of
this Agreement under the same criteria.
c. The District will deduct from each employee’s pay, on a monthly
basis, the monthly premium, hereinafter referred to as the
“premium share”, as reflected in the COBRA rate established
by the District/Third Party Administrator (TPA), pursuant to
the health insurance category (single, parent & child, parent &
children, husband & wife, and family) selected by the employee.
Said “premium share” shall be subject to deduction, upon
completion of the applicable form as provided in Section 125 of the
12Internal Revenue Service (IRS) Code, on a pre-tax basis. Effective
July 1, 2017, the employee’s premium share shall be ten percent
(10%) of the premium submitted on behalf of the employee for the
coverage elected. Effective July 1, 2018, the employee’s premium
share shall increase to eleven percent (11%) of the premium
submitted on behalf of the employee for the coverage elected. Effective
July 1, 2020, the employee’s premium share shall increase to eleven
and a half percent (11.5%) of the premium submitted on behalf
of the employee for the coverage elected. The employee monthly
premium share is subject to a fifteen percent (15%) maximum
annual increase in each year of this Agreement.
d. Multiple family coverage for medical benefits will not be provided for
married couples where both spouses are employed by the District.
Where both spouses are employed by the District and neither seeks
dependent coverage, each spouse may elect single coverage under
Options 1 or 2 above. Where both spouses are employed by the
District and seek dependent coverage, one (1) spouse must elect
family coverage and the other will be the dependent.
e. The District will make coverage for medical insurance available to
spouses of employees in limited circumstances. Spouses who are
not eligible for medical insurance through their employers will
be permitted on the district plan with no additional surcharge.
Beginning July 1, 2018, spouses who work for and are entitled
to receive benefits from the following entities will not be eligible
for District Insurance: Federal Government and Military;
Commonwealth of PA; County Government; and Public School
Districts, charter and cyber schools, and higher education. If a
spouse is receiving military benefits for a military deployment
lasting less than a year, then the spouse may remain on District
benefits but the District’s benefits shall be secondary to the military
benefits received by the deployed spouse.
Spouses of an employee not employed by the entities noted above
who are eligible for medical insurance through the spouse’s place
of employment shall be eligible for medical insurance through the
District at an additional surcharge indicated by the chart below.
The District may seek confirmation of spousal eligibility and
employees must complete any paperwork required to confirm such
spousal eligibility. Willful misrepresentation of fact on such forms
will result in discipline up to and including termination.
Spouses of employees hired on or after January 1, 2018 that have
insurance offered by their employer will be ineligible for spousal
Medical Insurance.
13School Year Surcharge Per Pay
2017-2018 $70
2018-2019 $80
2019-2020 $85
2020-2021 $90
f. The Superintendent, or his/her designee, is instructed to conduct
an open enrollment immediately after the date that this Agreement
becomes effective to give members the option of electing one (1) of
the options above.
g. Coverage denials due to the insurance provider are not subject to
the grievance arbitration procedure.
h. The parties further agree it is in their mutual interest that the
health coverage available under this Agreement shall at all times
comply with the Patient Protection and Affordable Care Act
(“PPACA”), including standards relating to affordability, minimum
value and minimum essential coverage and any chosen safe harbor
relating to these and other compliance requirements. To the extent
it is determined that the coverage available under this Agreement
fails to meet any PPACA requirement or would otherwise trigger an
assessable payment, statutory penalty or excise tax, the District shall
negotiate with the Association to determine possible change(s) to
ensure compliance or avoid such payments unless the requirement
to change the Plan is mandated by a PPACA requirement. If the
Association believes that a provision stricken under this section
is not illegal under Federal or State law or regulation, then the
Association may seek a remedy through the grievance procedure
set forth in this Agreement.
2. IRS Section 125/Flexible Benefits.
No later than one year after ratification of an Agreement, the District
will offer a flexible benefit program that will establish Flexible Spending
Accounts in which employees may designate pre-tax salary dollars to
be used for specific insurance premium expenses, health care expenses
(including employee premium share) and dependent care expenses to the
extent allowable under Section 125 of the Internal Revenue Code. If at
any time such Section 125 or its underlying regulations shall be amended,
the parties shall promptly amend the plan.
As a result of changes to regulations governing Section 125 unreimbursed
medical FSA plans under the Internal Revenue Code, the Summary Plan
14Document will be modified to permit $500 of unused health FSA amounts
remaining at the end of the plan year to be paid or reimbursed to plan
participants for qualified medical expenses incurred during the following
plan year.
3. Life Insurance.
The District agrees to provide group term life insurance coverage for all
employees who have enrolled upon hire, provided they are on the active
payroll of the District in the following amount: $50,000.
4. Prescription Insurance.
The employees covered by this Agreement shall receive prescription benefits
equivalent to the benefits provided in the Summary Plan Document subject
to the following coinsurance charge and mail order prescription costs as
delineated below and as otherwise agreed to by the parties:
Retail Prescriptions
Generic 25%
Brand Formulary 25%
Brand Non-Formulary 55%
Mail Order
Generic 25%
Brand Formulary 25%
Brand Non-Formulary 55%
5. Dental Insurance.
The employees covered by this Agreement shall receive dental benefits
equivalent to the benefits provided in the Summary Plan Document.
Notwithstanding the above provision setting forth dental insurance
benefits, the parties agree that, during the duration of the Agreement,
the District may elect to provide the above specified coverage through the
carrier of its choice. The District may undertake such action as long as
benefit levels and terms are equivalent or better.
6. Vision Insurance.
The District will provide vision insurance coverage equivalent to the benefits
provided in the Summary Plan Document for all full time employees and
their dependents.
Notwithstanding the above provision setting forth vision insurance
benefits, the parties agree that, during the duration of the Agreement,
15the District may elect to provide the above specified coverage through the
carrier of its choice. The District may undertake such action as long as
benefit levels and terms are equivalent or better.
Group insurance benefits provided under this Article shall be offered to
employees who are suspended under section 1124 of the Public School
Code of 1949, as amended, such benefits to be available until August 31
of the year in which the action is taken.
ARTICLE VIII – RETIREMENT PAY
A. Retirement Insurance Benefits.
The District agrees to provide to each eligible employee covered by this
Agreement, who voluntarily retires from service to the District the same
insurance coverage’s as are provided to full time employees pursuant to
sections 1 and 4 of Article VII of this Agreement, upon the same terms
and conditions as apply to full time employees (except for the requirements
of membership in the bargaining unit and the stipulation that such
employees be on the active payroll of and be providing services for the
District as full time employees). Such retirement insurance benefits shall
be provided during the period of the eligible employee’s retirement, but
ending when Medicare benefits are available to such retired employees,
or at the death of the retired employee, all upon the following additional
terms and conditions.
1. As of the intended date of retirement, the employee shall have
completed at least thirty (30) years of public school service in the
Commonwealth of Pennsylvania, and have obtained the age of 53.
The employee also shall have completed, as of the intended date of
retirement, at least twenty (20) years of service in education, the
last ten (10) of which shall have been consecutive years of full time
service to the District immediately preceding the date of retirement.
Employees hired after July 1, 2008 but before July 1, 2017 shall
serve at least five (5) consecutive years of full time service to the
district.
2. For purposes of this Plan, a “ year of service” shall mean a year of
“credited school service” as defined in the Public School Employees’
Retirement Code, 24 Pa. C.S. § 8101, et seq. (Supp. 1984) and a
year of “full time service” shall mean, the 1984-85 and all prior
school years, not fewer than 93 consecutive days of active service
on the payroll of the District, and for the 1985-86 school year and
forward, shall mean not fewer than one hundred twenty (120) days
of active service on the payroll of the District.
3. To be eligible for these retirement insurance benefits, the employee
must also meet the following requirements:
16a. The employee’s retirement shall be not only a retirement from
service in the District, but from public school service in the
Commonwealth of Pennsylvania.
b. The retired employee must not be eligible for coverage by
reasonably comparable insurance benefits under any other
employee group insurance plan and/or any other employee’s
spouse group insurance plan.
c. The retired employee must have requested retirement insurance
coverage at the time of the employee’s notification to the
Superintendent of the employee’s retirement resignation.
d. The District agrees that the District will pay its share of the
monthly premium charged to the District (or established by
the District’s administrator in the case of self-insured benefits
provided to an eligible retired employee) for “employee” coverage
for insurance benefits for eligible retired employees. The
retired employee is responsible for the monthly premium share
established in Article VII Section 1.d as well as any additional
costs, co-pays, fees or contributions paid by active employees.
In addition, the retired employee is responsible for paying to the
District an amount equal to the dollar amount which the retired
employee is reimbursed by PSERS. The retired employee will be
billed on a quarterly basis for the premium share contribution
and the dollar amount that is reimbursed by PSERS. The retired
employee may purchase coverage for her/his eligible spouse at
the District’s COBRA rate that is set by the Health Care Provider.
e. If, prior to an employee’s retirement, such employee’s eligible
spouse becomes eligible for Medicare, the eligible spouse will
continue to be covered under the District’s healthcare plan, if
the eligible spouse has obtained Medicare Part A coverage as
primary coverage. Whenever an employee is retired and neither
the employee nor such employee’s eligible spouse is eligible
for Medicare, both the employee and such employee’s eligible
spouse shall be covered under the District’s healthcare plan.
Whenever an employee is retired and the employee is not eligible
for Medicare the District will provide secondary coverage under
a Medicare Supplement Program to each eligible spouse who is
eligible for Medicare, if the eligible spouse has obtained Medicare
Part A and Part B coverage. District provided insurance coverage
will cease upon eligibility for Medicare. Employees hired after
January 1, 2018 shall not be subject to this provision.
B. Sick Leave Buyout.
The Board agrees to pay each employee covered by this Agreement, who
voluntarily retires from service to the District for up to two hundred (200)
17days of unused whole days of sick leave at the rate of seventy-five dollars
($75) per day of unused whole sick day(s) or sick leave. To be eligible for
this buyout, the employee shall have completed, as of the intended date
of retirement, at least twenty (20) years of service in public education,
the last ten (10) of which shall have been consecutive years of full time
service to the District immediately preceding the date of retirement.
The District agrees to deposit all lump sum amounts, due the employee
upon retirement, into an authorized 403(b)(7) account. In order to be
eligible for reimbursement, an employee cannot have used more than
20% of their previously accumulated, but unused, sick leave in the year
prior to the employee’s date of retirement. The 20% requirement shall be
waived where an individual has a serious health condition which qualifies
for leave under FMLA. Employees hired after July 1, 2008 but before
July 1, 2017 shall serve at least five (5) consecutive years of full time
service to the district.
C. Notification of Retirement.
The District respectfully requests notification of retirement by April 1st of
the school year in which a teacher is retiring.
ARTICLE IX – PROFESSIONAL DEVELOPMENT AND
EDUCATIONAL IMPROVEMENT
A. Graduate Tuition Reimbursement.
1. Tuition fees of up to eighty-five percent (85%) of the rate charged
per graduate credit by Pennsylvania State University will be paid
by the District to teachers who satisfactorily complete graduate
courses in an area of certification for their first Masters degree
upon pre-approval by the Superintendent or his/her designee. All
credits taken after a first Masters degree shall be reimbursed at
fifty percent (50%) of the rate charged per credit by Pennsylvania
State University. Each temporary professional and -professional
employee in the District taking graduate work will be eligible
for sixty-five percent (65%) advance payment of the tuition
cost, registration and laboratory fees upon the approval of the
Superintendent or his/her designee. An additional twenty-percent
(20%) of such tuition costs, registration and laboratory fees will
be reimbursed upon presentation of properly certified receipts and
evidence of successful completion of courses taken. Official college
grade reports must be presented no later than four (4) months
(120 days) after the course has been completed unless the employee
advises the District with evidence that the graduate institution has
not issued a grade report. Advance payments and reimbursements
under this paragraph shall be limited to a maximum of twelve
18(12) credits during the District’s school year and a maximum of
fifteen (15) credits during one (1) fiscal year. This maximum will be
determined as of July 1st for each fiscal year. In the event a member
of the bargaining unit begins a graduate course prior to July 1 and
completes said course after June 30, the payment will be credited in
the school year when payment was made.
2. Employees seeking National Teacher Certification will be eligible
for sixty-five percent (65%) advance payment of costs associated
with the certification process. Upon successful completion of the
certification process, the employee will receive the balance of said
costs.
3. Advances and reimbursements under section 1 above shall be
requested by using the Application for Tuition Reimbursement
form, accompanied by a receipt or other proof of payment and
official transcript or grade card. The application, complete with
supporting documentation, must be received in the Office of
Human Resources before the fifteenth (15th) day of each month for
reimbursement by the thirtieth (30th) of each month. To be eligible
for reimbursement under this section, all requests must be received
no later than one hundred twenty days (120) days after completion
of the course(s).
4. The District will recover any payment made to the employee
who does not provide timely evidence of satisfactory completion
(minimum grade “B” or “Pass”) of such graduate course. Payment
will not become part of the salary. No payment will be made for
credits earned for participation in a fellowship or when tuition is
paid by a scholarship or grant. Graduate course work will be in the
area of the employee’s certification in an earned-degree program or
otherwise pre-approved by the Superintendent or his/her designee.
a. In order to receive tuition reimbursement, the employee shall
not be participating in fellowship or scholarship programs,
grant-in-aid plans, G.I. Bill benefits or any other type or form of
subsidy plans, so that there shall be no duplication of payment
or reimbursement for the same courses.
b. Payments may be made pursuant to this Article to persons on
an approved Sabbatical Leave or unpaid Leave of Absence for
graduate study. No payments shall be made pursuant to this
Article to persons on any other Leave of Absence or to employees
who earn credits prior to commencing active employment
with the Central Dauphin School District, nor will tuition
reimbursement be made to employees who do not continue/
return to employment with the District in the next subsequent
school year except to those employees who are terminated or
suspended under the School Code if course pre-approval has
19been granted, or if they are actively enrolled in a course(s)
before the last day of the school year in which termination or
suspension action is taken.
c. All class work and study, except research work involving pupils
or staff within the District for which prior written approval has
been requested from and granted by the employee’s Supervisor
and the Superintendent or his/her designee, must be done
outside of the employee’s regular work hours. Such education
must not interfere with the proper performance of the employee’s
assigned duties and responsibilities.
5. The employee must remain employed by the Central Dauphin
School District for a minimum period of one (1) year following
completion of a course. Failure to remain for one full year will result
in repayment of the reimbursement to the District. If the employee
leaves the District during the second year following the completion
of a course, he/she must repay 50% of the reimbursement to the
district.
B. Dues.
The Board agrees to reimburse each employee for up to one-half (1/2)
the cost of dues to professional organizations in the employee’s area of
certification. CDEA/PSEA/NEA and/or any affiliate dues do not qualify for
reimbursement.
C. Continuing Education Credits/Conferences.
1. The District will provide professional employees with the opportunity
to earn sufficient Continuing Education Credits to maintain
state certification. Such opportunities shall be offered through
District in-service programs, approved providers, conferences and
workshops. Up to five (5) professional days will be approved during
an employee’s assigned rotation year, expenses for which may
not exceed $650 in total for the year. Professional development
opportunities will be approved by the Superintendent or designee.
2. Professional employees will be assigned to a three-year rotation
for approval to attend Professional Conferences. Professional
employees who are approved by the District for Professional
Conferences may only attend conferences offered through approved
providers In Pennsylvania and contiguous states. They will be
reimbursed for the following items:
a. Conference registration fees.
b. Lodging – lowest reasonable rates. Lodging in the immediate
Harrisburg area is not reimbursable without prior approval of
the Superintendent or his/her designee.
20c. Meals – thirty-five dollars ($35) per day. Seven dollars ($7)
breakfast, eleven dollars ($11) lunch and seventeen dollars
($17) dinner. Fees for luncheons, banquets, etc. paid by the
District as part of registration costs will be deducted from the
daily meal allowance
d. Travel – air/rail/bus shall be reimbursed at the least costly
method from Harrisburg to the meeting location. The Business
Office must be consulted prior to any employee making travel
arrangements and direct payment for travel tickets.
e. Mileage – when appropriate, employees are asked to form car
pools. Reimbursement shall be to the driver at the current IRS
mileage rate. Mileage shall be computed via the most direct
route to the meeting and return. Parking and toll charges are
reimbursable.
f. Miscellaneous – cab fares, tips and other reasonable expenses
will be reimbursed upon documentation through the Travel
Expense Voucher and receipts.
g. Documentation of Expense and Reimbursement: The Travel
Expense Voucher must be used following all travel to document
all expenses. Receipts must be attached for reimbursement of
lodging and travel (air/rail/bus).
h. All receipts for which any person seeks reimbursement must
be itemized. Reimbursement shall not be provided without
sufficient proof of the expenditure.
3. Each employee may apply for professional leave to attend a
conference or workshop that is consistent with the District’s
Professional Education Plan.
4. For purposes of paragraph 3 above, the District will develop a
rotation schedule that will give priority each year to one-third
(1/3) of the teachers in the District to attend approved educational
conferences or workshops, so that each teacher will receive such a
priority once every three (3) years.
5. The mix of opportunities offered and approved under this section E
shall be within the sole discretion of the District.
21ARTICLE X – PROFESSIONAL EMPLOYEES’
RIGHTS AND PRIVILEGES
A. Criticism of Teachers.
Any question or criticism by an administrative assistant, administrator
or Board member of an employee and her/his instructional methodology
shall be in confidence, provided, however, that if the job of an employee is in
jeopardy, the employee shall be so advised and given the opportunity to have
a representative present. This same confidentiality shall apply to employee
questions or criticisms of individual Board members or administrators.
B. Personnel File.
1. An employee shall have the right, upon written request, to review
the contents of her/his personnel file; such requests shall be made
to the Office of Human Resources. Review of the employee’s file
shall be at a time mutually convenient to the employee and the
administrator.
2. No material of a derogatory nature shall be placed in the personnel
file of an employee until said employee shall have had the
opportunity to view the material and to affix her/his signature
to the copy to be filed with the express understanding that such
signature in no way indicated agreement with the contents thereof.
The employee shall also have the right to submit a written answer
to such material and her/his answer shall be reviewed by the
Superintendent or her/his designee and attached to the file copy.
3. The Board agrees to protect the confidentiality of personal
references, academic credentials and other similar documents.
C. Just Cause.
No professional employee shall be reprimanded in writing without just
cause.
D. Notification of Teaching Schedule.
All employees shall be given written notice of their tentative schedules for
the forthcoming year no later than the preceding fifteenth (15th) of July.
In the event that changes in such tentative schedules are proposed, all
employees shall be notified promptly.
E. Notification of Salary.
All employees shall be given written notice of their anticipated salary no
later than July fifteenth (15th) of each year of the Agreement.
F. Payroll Deductions.
The Board shall make available to employees, upon their individual requests
and authorization, the following deductions:
221. Credit Union.
2. Tax sheltered annuity (individually signed authorization cards
shall be required and deductions will be continued throughout the
year and/or the term of employment).
3. The Association and the employee requesting the payroll deduction
for any of the purposes/reasons set forth above shall indemnify
and save the Central Dauphin School District, the School Board
and their agents, successors and assigns harmless against any and
all claims, demands, suits, judgments, attachments and any other
form of liability that shall arise out of or by reason of action taken
by the foregoing for the purpose of complying with this provision
for Payroll Deductions.
G. Teacher Parking Facilities.
When and where possible, within the confines of existing facilities, off-
street paved parking facilities shall be provided and identified for employee
use.
H. Reimbursement for Travel Expense.
Employees required by the Board in the course of their work to drive
personal automobiles from one school building to another shall receive
mileage reimbursement as determined by the IRS, not to exceed the limits
set by IRS regulations and any amendments thereto.
I. Transfers.
A request by an employee for transfer may be made in writing and filed with
the Superintendent or his/her designee. The application shall set forth the
reasons for requesting transfer, the school grade or position desired and the
applicant’s academic and professional qualifications. If transfers become
necessary, due to reduction in staff at a particular grade level or subject
area, District policy shall govern all transfers, except that a transferred
employee will have first claim for a position subsequently becoming vacant
in the subject area or grade level from which the employee was transferred.
This option to return to the employee’s previous position may be exercised
until the first day of school.
J. Posting of Vacancies.
Under ordinary circumstances, whenever a vacancy within the bargaining
unit arises, the Superintendent or his/her designee will post notice of the
vacancy, District wide, for no less than two (2) weeks before the position
is filled. Any position that is posted will have its job description and
qualifications available on the District’s web site for review by all interested
candidates. Where an employee notifies the administration of her/his
interest, the administration will grant said employee an interview, and,
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