Kennewick Education Association Package Proposal #4 6-28-19 (1) 8-8-19 (2) 8-12-19 (3) 8-16-19 (4) Article III, Section 9: Assignment and Transfer KEA response to KSD response to KEA response to KSD response to KEA response to KSD response to KEA response to KSD response to KEA response to KSD response to KEA Proposal #10 *Waiting for KSD response Presented: 6-10-19 6-26-19 6-28-19 8-8-19 8-12-19 8-16-19 Summer Vacation 1) Prior to summer vacation, no earlier than May 15 th but before the last day of the school year, the Human Resources Department will email a reminder to all staff reminding them to watch the KSD website for all openings in their buildings and around the district. Normal hiring procedures will be followed during summer vacation. 2) After June 20 th July 2 nd June 20 th July 1 st June 20 th July 1 st June 20 th the last Friday in June June 20 th July 1 st positions will be open to both internal and external candidates at the same time. The screening and hiring for positions open after June 20 th July 2 nd June 20 th July 1 st June 20 th July 1 st June 20 th last Friday in June June 20 th July 1 st will be based on meeting the qualifications of the job postings as well as reference checking for outside candidates. based on meeting the qualifications of the job postings as well as reference checking for outside candidates. followed as outlined in the Internal Hiring Practices. In building and in district candidates will be considered before external candidates. 3) Principals will be required to post notify building staff and Association of all open positions within five (5) days of the principal’s knowledge of a vacancy. school board’s approval of the retirement or resignation. All such positions must be posted prior to July 2 nd . 4) Employees may indicate a preference for a specific assignment, subject, grade level or program at their current worksite by informing their principal in writing by May 1 st . If a requested assignment becomes available prior to July 1 st , employees who have filed a preference with their principal that meet the required qualifications will be given the opportunity to apply for and be placed in such assignments on the basis of seniority. 5) The employee may choose but will not be required to meet with the building administrator to understand the building practices, procedures and initiatives specific to the position to which they are applying. KEA Rationale: Currently there is confusion in this wording in the contract. This proposal gives some clarification on how the hiring process should be followed during the summer months. This potentially could lead current members to miss out on opportunities to seek another position. KSD Rationale: Keep current language that was negotiated 3 years ago to solve the problem of too many teacher moves throughout the summer right up to the first week of school. KEA Rationale: There is a wide spread belief amongst KEA members that principals manipulate postings to allow them to be posted outside of the internal transfer process. KSD Rationale: there is already contract language that outlines how principals notify staff of openings during the school year. Summer is different. Existing language is what was bargained 3 years ago and is working. If a principal holds onto a posting in an attempt to avoid current assignment and transfer language, it can be brought to the District via the Grievance process. KEA: The addition of the new number 4 allows current employees a fair opportunity to transfer to desired positions within their current worksite. KSD rationale: Retain current contract language. This contract language is tied to bargaining language from 3 years ago that limited required qualifications in job postings. RSD language has a June 15 th date:
Transcript
Kennewick Education Association
Package Proposal #4
6-28-19 (1) 8-8-19 (2) 8-12-19 (3) 8-16-19 (4)
Article III, Section 9: Assignment and Transfer
KEA response to KSD response to KEA response to KSD response to KEA response to KSD response to
KEA response to KSD response to KEA response to KSD response to KEA Proposal #10
The certificated workday is 7½ hours, including a 30-minute, duty-free lunch during the regular lunch period. Individual building schedules will be established by the building principal, in consultation with the building staff. When sites elect to modify the student day to provide planning/teaming time for employees at the site, required teaming time will not exceed the number of minutes accumulated by the modified student schedule.
Certificated staff will not be required to do bus duty and/or any other before or after school supervision duties for more than five days in a six week period. Staff who are required to attend meetings during their assigned duty time will be excused from bus duty without having to find their own coverage.
In the event double-shifting of the school day becomes necessary due to increased enrollment and lack of facilities, the following provisions will be made:
1. Split shifts will not occur.
2. The employee's workday will be as written above, unless the need for building facilities warrants his or her preparation time be spent outside the school building, at which time other arrangements can be made, at the principal's discretion.
3. Librarians, counselors, elementary music employees, and elementary P.E. employees will work a regular school day, with the beginning time determined by the building principal.
The minimum scheduled teaching time (exclusive of relief time, inclusive of break time) will be five hours daily. Adjustment of the school day for primary students may be made during the school year to accommodate student needs, when mutually arranged by staff and administration.
Employees may supervise more than one class during an afternoon break, with mutual agreement of those concerned.
Reasonable time shall be allowed during the work day for employees to attend to personal needs:
1. When continuous blocks of student contact time are 2.5 hours or longer and not separated by a five (5) minute passing time without student supervision, recess or other breaks in the daily schedule, employees will receive regularly scheduled coverage.
2. Employees will receive regularly scheduled coverage when their classrooms are in portables without bathroom facilities, or when bathroom facilities are not within a short walking distance.
All employees will be provided preparation time in accordance with the following:
1. All elementary staff will have daily planning time equal to a total of 250 275 minutes per week, or prorated by 1/5 for any non-school days in a shortened week,
in a regularly scheduled 5 day week, in increments of no less than 30 minutes, except for a 15 minute block of time attached to lunch during the student day for preparation time. In 2017-2018 this will increase to 275 minutes per week.
For teachers who have a morning prep, time will be provided for a minimum 15-minute afternoon recess.
The parties agree that individual buildings not already in compliance will form democratically-elected committees of teachers and principals to create a schedule that provides recess, separate from the lunch recess, as outlined below. New schedules must be in place no later than the first day of the second trimester of the 2019-20 school year.
For teachers who have a morning prep, time will be provided for a minimum 15-minute afternoon recess.
For teachers who have an afternoon prep, time will be provided for a minimum 15-minute morning recess.
For teachers who have an afternoon prep, time will be provided for a minimum 15-minute morning recess.
On the day that the students receive no instruction from a specialist they will be able to attend both recesses (morning and afternoon).
Elementary schools will provide alternative schedules for two- and three-hour delays to ensure teachers receive their contractual prep time.
Elementary schools will provide alternative schedules for two- and three-hour delays to ensure teachers receive their proportional contractual prep time.
Passing time will be built into school schedules for teachers to take students to and from specials to avoid impacting their scheduled prep time.
Passing time will be built into school schedules for teachers to take students to and from specials to avoid impacting their scheduled prep time.
2. For the 2016-2017 school year, If a specialist has planning time beyond the contracted minutes per week, a rotation schedule will be made to provide additional planning time for teachers in buildings who are not at the buildings with 275 minutes per week.
3. An employee teaching at the secondary level will be provided at least one instructional period a day during the regular student day. Any change in the current length of preparation time will be addressed through Labor Management meetings.
4. On early release or late start days, preparation time cannot be guaranteed. Release time during normal planning time will be counted as planning time. Preparation/conference time will not be assigned or contracted to other duties, unless mutually agreed to by the employee and the employer.
5. Preparation time is intended to provide time for teachers in order for them to plan lessons, assess student work and prepare instructional materials. As well, KEA the Association recognizes the rights and needs of administration to occasionally
meet with employees during this time, and doing so, does not constitute a violation of the CBA. Therefore, employees will not be required to meet with their administrator(s) or others on a regular, ongoing basis during the preparation or conference time as defined in numbers 1 and 2 above.
KEA Rationale: Elementary buildings have a variety of practices that often negatively impact teachers’ receiving the prep time mandated by the contract. Prep time on snow days causes an inequity in teacher prep time guaranteed by the contract. Based on differing practices among buildings, teachers at some buildings receive less prep time than teachers at other buildings. Example: some schools maximize prep time by allowing teachers to take students to a special prior to the designated time. Other schools require teachers to keep students in their classrooms until the designated time, cutting into the teacher’s contractual prep time. Establishing a passing time to specials solves this inequity. KSD Rationale: In order to get 275 minutes of planning time without a significant increase in specialists FTE we need to keep the 15 minutes attached to lunch. We do agree not to chop up the other 200 minutes into blocks smaller than 30 minutes. Break times or recess times are scheduled at the school. There are no rules at the district level that prevent schools from scheduling a morning recess. We want to give schools some ownership in their schedules. Some schools have special needs around intervention times. Passing time: This is something we can work on a school by school basis. We do not want to having teachers losing their prep time due to inadequate passing time. KEA Rationale: Having no break is not developmentally appropriate for students. Elementary students need varied activities throughout their school day, including active play, arts, project based learning, structured exercise and academic subjects. Having too much time blocked for academics with no breaks is not developmentally appropriate. While many teachers use “brain breaks” within their classrooms, they are not a substitute for real breaks in the schedule. KSD Rationale: We agree to creating a 2 hour delay schedule at the elementary level that provides equal planning time for teachers. The District does not agree to eliminating the 15 minute planning time after lunch at this time. See contract language in RSD and PSD:
KEA rationale: We removed the 15 minutes attached to lunch because the amount of time is not sufficient to plan or prepare for our students. We unstruck the recesses because of the amount of teaching time in the opposite part of the day as our planning time. It is a true personal break to not have to plan for a para to be in the classroom for us to use the facilities. KSD rationale: Our elementary buildings vary in size from 380 students to over 700 students. The impacts of the proposed changes are entirely different for each building. School starts in 15 days and it would be incredibly difficult to change previously established schedules for both buildings and teachers. The District would be willing to study this issue jointly with the Association during the 19-20 school year.
KEA rationale: Having no recess is not developmentally appropriate. Student behavior degrades on the days that there are less breaks in academic learning. This schedule would be cost neutral and would take care of the contract language in reference to the breaks given after 2.5 hours of continuous student contact time.
Article III, Section 11: Leaves
KEA response to KSD response to KEA response to KSD Response to KEA Proposal #48
Sick Leave Sharing The following definition will be used to implement sick leave sharing, in accordance with WAC
392-126-006: Sick leave sharing will be made available to an employee who is suffering from or
has a relative or household member suffering from an extraordinary or severe illness, injury,
impairment, or physical or mental condition which prevents the individual from working and
causes economic or emotional distress to the employee and his or her family; is a victim of
domestic violence, sexual assault or stalking; is sick or temporarily disabled because of
pregnancy disability; or for the purpose of parental leave to bond with a newborn, adopted, or
foster child; which has caused or is likely to cause the employee to take leave without pay or
terminate his or her employment. The district will provide a form for qualified employees to
make written application for donated leave and a form for qualified employees to donate sick
leave.
To be eligible for donated sick leave, the following provisions must be met:
1. The employee's job is one in which annual and/or sick leave can be accrued and used.
2. The employee is not eligible for time loss compensation under Chapter 51.32 RCW.
3. The employee has abided by district policies in his or her use of sick leave.
4. The employee has exhausted, or will exhaust, his or her personal leave and sick leave.
5. The employee has not in the past school year previously applied for leave sharing related
to the same condition or reason.
The following procedures will be used to implement sick leave sharing:
1. In any 12-month period, employees who have accumulated more than 176 hours of sick
leave may donate up to six accumulated sick leave days to other employees. The employee
donating the days will specify the number of days to be donated. The district and
association will develop procedures necessary to implement this. No transfer of sick leave
will cause the affected employees’ sick leave accumulation to fall below 176 hours.
2. No employee will receive more than 180 days of donated leave per contract year.
3. In the event the employee does not use all the donated leave, the unused donated leave
will be returned to the donors within 30 days after the use of the donated leave ceases,
using a first in/first used procedure. For this purpose, donated leave will be dated when
received, and used as received. Days remaining and not used will be returned to later
donors in reverse order.
4. An employee using donated leave will receive their usual pay and benefits.
5. Except for the procedures in #3 (above), the donor will be required to execute a waiver to
ask for the return of his or her donated leave.
6. The district and the association will each designate one person to review requests for
donated leave.
7. Contributions of sick leave will be voluntary and donors’ and non-donors’ names will be
confidential.
Federal and State Leave Laws
The District will comply with all provisions of the Washington Paid Family Leave Act,
Washington Pregnancy Disability Leave, the Federal Family Medical Leave Act and other
applicable laws. The District will comply with all provisions of the Washington Paid Family
Leave Act, Washington Pregnancy Disability Leave, the Federal Family Medical Leave Act and
other applicable laws and regulations with the following conditions applied:
a. The District shall pay the full premium required under the Washington Paid Family
Medical Leave Act.
b. Employees shall be guaranteed the most advantageous benefit provided by this
Agreement and federal or state family leave laws.
c. The weeks/days of the benefit periods for state and federal shall be counted only for
workdays exclusive of weekends, holidays and school breaks.
d. Leave periods under the various state and federal laws will run consecutively with
contractual, federal or state leaves at the employee’s election.
e. An employee may choose, but shall not be required, to exhaust all or part of their
contractual paid leave benefits before using leaves provided by state or federal family leave laws.
f. The employee may choose to run sick leave benefits consecutive to state and federal
leave laws.
g. When accessing PFML, an employee may use accumulated sick leave to make up the
difference between the PFML benefit and the employee’s regular compensation.
h. Continuation of the District’s contribution to an employee’s insurance benefits is
guaranteed for up to twelve (12) weeks in any unpaid leave situation in accordance with State
and Federal family leave laws.
i. The Employee shall be returned to the same or similar certificated position upon return to
work.
Maternity Leave An employee requesting maternity leave will give written notice to the district at least thirty days
prior to the commencement of the leave. The written request for maternity leave should include a
statement about the expected date of return to employment. The leave will commence and
terminate at the discretion of the employee, in consultation with the medical provider. Papers for
the applicable state or federal leaves Family and Medical Leave Act (FMLA) will be sent to the
employee to be completed by the employee and the medical provider.
FMLA provides for 60 days of unpaid leave. Under this agreement, the An employee may take
60 days of FMLA leave in accordance with applicable state and federal leave laws. An
employee who has paid leave available may use any or all such leave. Paid leave includes both
personal and sick leave. During that time, health benefits will continue.
No more than 30 work days of maternity leave may be used before childbirth. If the paid days
are exhausted, the employee will be eligible for shared leave. If Once the shared leave is
exhausted, the employee will receive unpaid leave through the applicable state and federal leave
laws 60 days of FMLA plus six workdays of leave. The benefits will be covered for at least the
60 days of FMLA period of any applicable state or federal leave. The District’s portion of
insurance premiums will be covered for at least 60 days of FMLA the period of any applicable
state or federal leave. If sick leave has been exhausted, the employee will be eligible for shared
leave.
For employees who qualify for birth/pregnancy disability, the District will work with them and
their medical provider to ensure compliance with appropriate state law.
Parental Leave Employees who have a newborn child but do not qualify for maternity leave may access sick
leave, sick leave sharing and other applicable state and federal leave laws will be granted up to
60 days of FMLA. The employee must notify the district as soon as possible about the intended
day for commencement of the leave. The employee will be eligible for shared leave. If Once the
shared leave is exhausted, the employee will receive unpaid leave through the 60 days of FMLA
in accordance with applicable state and federal leave laws.
Adoption Leave Employees requesting adoption leave will provide to the district a statement about their expected
date of return to work. Given the uncertainty of timelines in adoptions, employees will try to give
the district a minimum of two weeks’ notice of their need for adoption leave, and the district will
make every effort to cooperate with the employee’s request for adoption leave and the district
will make every effort to cooperate with the employee’s request for adoption leave.
Employees returning from adoption leave at the beginning of the subsequent school year will be
placed in their former positions. An adopting parent must may use sick leave and/or personal
leave during the benefit periods 60 days of FMLA in accordance with applicable state and
federal leave laws. If an employee chooses to use contractual leaves Wwhen their sick leave
and/or personal leave is exhausted, an employee will be eligible for shared leave. If Once the
shared leave is exhausted, employees will use unpaid leave, at their discretion, up to the end of
the 60 days of FMLA in accordance with applicable state and federal leave laws. More unpaid
leave may be granted if circumstances require it and the adopting parent requests an extension.
If both adopting parents are employed by the district, they will share one access adoption leave
of no more than 60 days of FMLA in accordance with applicable state and federal leave laws, to
be divided at their discretion.
Rationale:
KEA: The Employees of Kennewick school district care for the children of this community every day. Providing them with every
opportunity to care for their own families when necessary is the morally right thing to do.
This proposal is also intended to address changes in in state leave laws and to create less specific language that allows for
compliance with current law and adaptability for future law changes.
KSD Rationale: The District will follow all leave laws. Because some of these laws are recently implemented or changed, the
District needs to wait to evaluate how other additional requests will affect the District.
KEA rationale: KEA believes that, as the employer, KSD should show compassion for their employees and assist them in
achieving the best possible opportunity to take care of themselves and their families when they are facing the adverse life events
these laws are meant to help alleviate. KEA has only proposed what the law allows.
KSD rationale: This law is brand new. The District will follow all aspects of the law. The language above follows the new law.
Article III, Section 11: Length of Workday (Non-Instructional Duty)
KEA response to KSD response to KEA response to KSD response to KEA Proposal #3
*waiting KSD response
Presented: May 6, 2019 6-28-19 8-8-19 8-16-19
SECTION 11: Length of Workday
Non-Instructional Supervisory Duties (separate heading from Workday)
Certificated staff will not be required to do bus duty and/or any other before or after school supervision
duties for more than five days in a six week period. Staff who are required to attend meetings during their
assigned duty time will be excused from bus duty without having to find their own coverage. Breakfast
after the bell will be structured in a way that does not impact teacher workload (i.e. empty trash cans,
clean up the classrooms, hand out food, keep track of numbers, etc), soil classrooms, or interrupt
instructional time. for more than five days in a six week period. Staff who are required to attend
meetings during their assigned duty time will be excused from bus duty without having to find their own
coverage.
Certificated staff will not be responsible for administering or supervising breakfast after the bell “Second
Chance Breakfast” programs (RCW 28A.235.240), providing distributing food to students, cleaning any
resulting debris or mess. and will not be required to allow students to eat in the classroom. With the
exception of students with documented special needs, only students who use the “Second Chance
Breakfast” program may eat in the classroom.
Prior to any school building beginning food service programs that cause students to bring food into the
classroom, the district will hold a meeting to allow the teachers to ask questions and express concerns.
Such concerns will be addressed prior to the program beginning. Futher, meetings will be held should any
subsequent problems arise, and steps taken to alleviate those problems.
KEA Rationale:
Certificated staff are hired for their knowledge and expertise and to perform the duties specified under
Chapter 28A RCW. Supervision of students outside of these duties is not a productive or appropriate use
of the time and skills of certificated staff.
KSD Rationale: Retain current contract language in paragraph 1. The District agreed 3 years ago to limit
the Supervisory Duties listed above.
The legislature implemented the Breakfast after the Bell program. The District supports this initiative that
provides food for under-privileged kids.
KSD Rationale: This is a new program that was piloted at a few schools this past year. This is now a new
state law. The District would be find watching how the program is implemented in schools this fall and
discussing in Labor Management any issues that may arise.
KEA Rationale: Having every student in the classroom with a breakfast is a waste of instructional time
and an unnecessary burden on the teacher. A first breakfast should be offered at every school. Vista, while
piloting, did not offer a first breakfast (before school) and fed their students in the classroom once the
school day had started.
Article III, Section 12: Salaries
KEA response to KSD Salary of 6-26-19
Presented: 6-24-19 6-28-19 8-8-19 8-12-19 8-16-19
Article III, Section 12: 2019-2020 Salary Schedule See KEA Salary Attachment
Article III, Section 12: Time, Responsibility and Incentive
KEA response to KSD response to KEA response to KSD response to KEA response to KSD response to
KEA Proposal #32
*Waiting for KSD response
Presented: 6/20/2019 8-8-19 8-12-19 8-16-19
Extra Time
Hours will be available to each contracted employee as paid extra time at the individual’s per diem rate
for work performed on the following days only. When a day is divided in half between District-led
activities and employees working in their classrooms, the 30 minute lunch period will be shared between
the District time and the employee work time.
1) 3.75 hours the last weekday before school starts for district activities and 3.75 hours the last
weekday before school starts for individual employee preparation for the opening of school.
2) 7.5 hours for the annual parent/employee/student conference day, to be held between the hours
of 12:30 p.m. and 8 p.m.
3) 7.5 hours for the Focus on Instruction Day, as agreed upon by the district and the association,
commensurate with goals of the district’s strategic plan.
4) 7.518.75 hours for building professional development activities. These activities must be related
to each building’s school improvement plan or be a condition of employment. During years
when/if it is mutually agreed upon by the district and the association, these activities may be
used in no less than 3.75 hour increments, as determined by each building’s principal in
consultation with the building’s staff or site council
5) 3.75 consecutive hours for employees to work individually in their buildings preparing their
classrooms for the school year.
6) 15 hours for district/building professional development activities. These are the former state
funded LID days.
7)6) 7.5 hours for district professional development activities. related to TPEP, Common Core, or
other current topics in education (beginning in 2013-14).
8) 3.75 hours for building professional development activities related to TPEP, Common Core,
or other current topics in education beginning in 2013-14).
9) 7.5 hours for TPEP training funded by the state for 2013-14 only. This day only exists for the
2013-14 school year unless the state specifically funds it again in following years.
10)7) 3.75 hours for attendance at one Open House session. (beginning in 2014-15).
8) 3.75 hours for employees to independently complete Safe Schools modules
Employees who encounter conflicts, such as a funeral for or a wedding of a family member on these days
may arrange alternate activities with their immediate supervisor after providing written evidence of such
event.
Responsibility 1. 221.25 30 per diem hours (29.5 per diem days) will be paid on a Responsibility Schedule
(formerly TRI Schedule) for self-development and/or job responsibilities, including TPEP self-
evaluation and goal setting. This total includes 7.5 hours (formerly $300 Professional
Development funds) and 3.75 hours (formerly in the Time section above to do Safe Schools
training).
2. If the state reduces the SAM schedule by any portion of the 1.8% COLA during the length of this
agreement (2016-2019), the reduction will not be applied to the Responsibility Schedule.
Responsibility Schedule (formerly TRI Schedule) Payment
Responsibility hours All salary, with the exception of optional time days, will be paid in equal payments
over twelve months.
Employees must submit to the Human Resources office a Responsibility Day Verification form on or
before the last business day in September.
Employees hired after the beginning of the school year or returning from a leave will have 45 calendar
days to fill out a Responsibility Schedule form and will be subject to all the provisions listed above.
Supplemental Enrichment Contracts: Each KEA employee will be issued an annual supplemental enrichment contract in the amount(s)
specified in the negotiated salary schedule. Enrichment activities may take place before, during or after
the student year. Enrichment will include, but is not limited to: activities designed to improve student
learning; to prepare the learning site for students; to attend workshops, in-service, and attendance at other
school-related activities. Enrichment activities are at the employee’s discretion and will not be directed by
the administration.
KEA Rationale:
This makes the contract language consistent with previously negotiated terms, legislative changes and the
structure of the Kennewick School District Salary Schedule.
* Addresses KSD #10, #21, #22 KSD Rationale: As directed by the Legislature, OSPI has yet to define “enrichment”. This would be a
good topic for next year’s Labor Management meetings.
KEA Rationale: The terminology and intent need to match the law. Other districts are using similar
definitions and OSPI has not objected.
KSD rationale: As directed by the Legislature, OSPI has yet to define “enrichment”. This would be a
good topic for next year’s Labor Management meetings.
KSD rationale: See handout and RCW 28A.150.276
Article III, Section 14 Insurance Benefits
KEA response to KSD response to KEA Proposal #11 *waiting for response from KSD
Presented: 6-10-19 8-16-19 (resubmit due to missing language in District counter)
Article III, Section 14 Insurance Benefits
* Yellow highlight indicates language has been moved but not altered other than as indicated.
* Moved to MOU
SECTION 14: INSURANCE BENEFITS
To facilitate the transition to the School Employee Benefit Board insurance, all provisions of
Article III, Section 14 of the 2016-2019 Kennewick Education Association and Kennewick
School District collective bargaining agreement, except as prescribed here, will remain in full
force for the remainder of calendar year 2019. Exceptions:
1. Health Care Pool: The District will contribute the prorated amount of $130,000 95,000for the
period from September 1 to Dec 31, 2019.(380,000 divided by 12 x 3)
2. Insurance Tiers: Set asides in this section shall be similarly prorated to $30,000 and $3300 2500
respectively for the period from September 1 to Dec 31, 2019. ($10,000 divided by 12 and then
x3 = $2500)
3. The District will give each employee not enrolled in WEA plans 2, 3 or 5 a one-time $170
allocation in the form of a VEBA contribution. Employees enrolled in WEA plans 2, 3 or 5 will
receive a one-time $85 allocation in the form of a VEBA contribution payable in their December
paycheck.
4. In lieu of the remainder of the existing District contribution to the health care pool, the district
will contribute the remainder of the pool allocation $225 per employee 1.0 FTE to individual
employee VEBA accounts in January February 2020. This would only be for the 19-20 school
year only.
5. In December 2019 the district will not collect any insurance premium payments. KEA members
will not pay any out of pocket health insurance premiums.
6. In the event that the SEBB insurance program changes and premiums return to being collected
the month prior to coverage, KEA agrees that employees will need to pay two payments in that
first month.
7. Insurance Committee is disbanded. (TA 5/14/2019)
The provisions herein shall take effect on January 1, 2020.
Insurance benefits will be provided according to SEBB policies.
Definitions Insurance year: shall be defined as January 1 thru December 31.
School year: shall be defined as September 1 thru August 31.
Open Enrollment: shall be October 1 through November 15 or as otherwise set by SEBB.
Eligible Employee: shall mean anyone covered by the Collective Bargaining Agreement and substitutes
meeting the conditions herein or as otherwise required by SEBB.
Dependent: shall mean a person who meets the eligibility requirements in WAC 182-31-140.
Default Plan: Employees who fail to enroll when eligible for benefits shall be enrolled in a default as set
by SEBB or agreed by the parties.
Health Care Allotments The district will contribute the full state-funded amount provided for SEBB insurance benefits and other
necessary funds to toward benefits for each full-time eligible employee. A prorated amount, based on full-
time equivalency, will be provided for all part-time employees with .4 FTE or greater employment status.
Eligibility SEBB health care plans are available for individual employees who work a minimum of 630 hours or are
anticipated to work 630 hours or more. In addition to themselves, individual employees may also cover
any dependents deemed eligible under current or future SEBB requirements. Eligibility and coverage
periods are subject to the following additional conditions:
their spouses, domestic partners and/or families.
Registered domestic partners as defined by the State of Washington (RCW 26.60.030) shall be eligible for
all insurance benefits/leaves, in the same manner as spouses, under the terms of this agreement. This
includes partners of the same sex, and partners of the opposite sex where at least one partner is sixty-two
(62) years of age or older.
● Benefits will carry over, uninterrupted, from one school year to the next if the employee
was eligible in the previous year.
● Employees starting work in August will begin coverage on September 1.
● Employees starting work September 1, but not later than the first day of school, will
begin coverage on their first workday.
● Employees starting work after the first day of school will begin coverage on the first day
of the following month.
● Employees hired too late in the school year to work 630 hours before the end of the year
that are anticipated to work 630 hours during the following year will be eligible for
SEBB benefits if they work at least 17.5 hours per week for six of the last eight weeks.
● If an employee reasonably not anticipated to work 630 hours does so, their coverage will
begin on the day they reach 630 hours.
If the District, does not anticipate an employee will be eligible, they must notify the employee of the
specific reason in writing. The employee will have the right to appeal that decision. The District will not
deny or limit an employee’s work hours for the purpose of preventing SEBB benefit eligibility.
Substitutes Substitutes shall receive benefits on the first day they reach 630 hours. If a substitute works 630 hours or
more two consecutive years, they will be presumed eligible for the third (3rd) year. If the district does not
believe a substitute will be eligible in the third (3rd) year, written notification of the specific reason shall
be provided to the substitute prior to May 1. Substitutes shall have the right to appeal the decision to the
School Board. Substitutes shall not be denied work to limit a substitute’s ability to reach 630 hours. Upon
request, substitutes shall be provided an accounting of their total number of hours worked to date.
Programs The regionally accessible health care programs provided by SEBB carriers will be available to members
employees are listed below and will include:
Required (100% covered premium):
Dental (Self-Insured)
Vision (Vision Service Plan)
Group Term Basic Life (Standard Insurance)
Long Term Disability (Standard Insurance)
AD&D Insurance
Voluntary:
Blue Cross Medical
Group Health Northwest
SEBB Medical Plans
Other Benefits:
Flexible Spending Arrangement, Health Savings Accounts, Dependent Care Assistance, and other
voluntary employee paid SEBB programs will be available to employees under terms as determined by
SEBB.
Other medical plans as agreed upon by the District and the Association.
The District will provide access to an Employee Assistance Program at no cost to the employee.
Other Voluntary Non-SEBB Programs are available to employees but are not funded from the amount
provided by the district.
Short-term disability is available to members at any time. Enrollment forms are available in the benefits
office.
The district and association mutually determine the required and non-SEBB voluntary plans. These plans
may not be implemented without prior written agreement of the district and association. A list of the
programs eligible for payroll deduction is available at the district payroll office.
For the 2016-2017 school year only, the District will give each employee a one-time $500 (per full-time
FTE) allocation in the form of a VEBA contribution, payable in their January 2017 paycheck.
For the 2017-2018 school year only, the District will give each employee not enrolled in WEA Plans 2,3
or 5 a one-time $500 (per full-time FTE) allocation in the form of a VEBA contribution. Employees
enrolled in WEA plans 2, 3 or 5 will receive a one-time $250 (per full-time FTE) contribution payable in
their January paycheck.
For the 2018-2019 school year only, the District will give each employee not enrolled in WEA plans 2, 3
or 5 a one-time $500 (per full-time FTE) allocation in the form of a VEBA contribution. Employees
enrolled in WEA plans 2, 3 or 5 will receive a one-time $250 (per full-time FTE) allocation in the form of
a VEBA contribution payable in their January paycheck.
Enrollment Period Enrollment will be for a 30-day period and completed by from Oct. 1 to November 15, or as otherwise set
by SEBB. When the enrollment period ends, no insurance options may be added or deleted during the
contract year except for changes in family status, job status,. full-time equivalency status, or extreme
financial hardship. In the event of any change in full-time equivalency, the district contribution will be
recalculated. If an employee fails to enroll within the open enrollment period they will be placed on the
default medical, dental and vision plans as determined by SEBB or agreed by the District and
Association.
If an employee is hired after Oct. 1, the open enrollment period, he or she may enroll in approved plans
within 30 days of hire prior to the first day of the following month. If the employee fails to enroll, they
will be placed on the default medical, dental and vision plans as determined by SEBB or agreed by the
District and Association. Coverage will begin the first day of the month following the date of hire,.
provided the employee has worked at least half the scheduled days in his or her first month of hire.
Termination of Benefits
For employees who resign their position but are employed through the last work day of the school year,
their resignation will be deemed effective on August 31 and their SEBB benefits will continue to that
date.
When resignation/termination takes place during a school year, the employee’s SEBB benefits will
continue to the last day of the month in which resignation/termination occurs. an employee will receive
insurance benefits for the month in which he or she is terminated. If he or she works more than half the
work days in the month of termination, coverage will continue through the following month. When
termination takes place at the end of a school year, an employee will receive insurance benefits through
Sept. 30 of that calendar year.
If a full-time employee's spouse/domestic partner is employed part-time (.5 FTE or less), the full-time
employee is eligible for the family coverage under the required health programs. Part-time employees
have the option for family dental or vision coverage under the required health programs.
All employees are eligible to participate in the Section 125 flexible pay plan. Participation may include
out-of-pocket premium costs for one or more district-approved insurance plans.
Sharing Health Care Contributions SEBB does not allow for dual coverage.
Spouses/domestic partners who are both employees of the district may choose to enroll both employees
for medical coverage under one SEBB account along with medical and required benefits for their
dependents. However, each employee must register for dental, vision and other required benefits under
their own SEBB account. combine their district contributions to cover the cost of the insurance options
they select.
Spouses/ domestic partners who are both employees of the district but are in different district employee
groups may choose to combine their district contributions to cover the cost of the insurance options they
select, provided the group’s contract allows sharing health care contributions. Any funds that remain after
they have combined their district contributions will be prorated and divided between the health care pools
of the groups to which they belong. This provision is contingent on language in other district group
contracts.
Employees who share health care contributions will continue to share health care contributions until one
of the employees contacts the district to request a change.
Health Care Pool The district will establish a pool of money to help defray health care costs. The district contribution to the
health care pool is $390,000.
After each employee has made a selection of benefits, his or her individual allotment from the state health
care fund will be deducted from the total state health care fund. Any money left in the state health care
fund will be pooled with the additional $390,000 contribution from the district as specified above.
Insurance Tiers
1) Those employees who choose single coverage will receive individual monthly allotments of up to
$ 24 from the pool to cover out-of-pocket expenses.
2) After the funds in provision #1 have been removed from the pool the remaining funds will be
equally divided into monthly allotments for employees who choose plans other than single
coverage.
3) $90,000 of the overall health care pool will be divided and added to the monthly allotments of
those members who choose coverage for themselves and their spouses or domestic partners or for
those members who choose full family coverage, which includes spouses or domestic partners.
4) A separate amount of $10,000 will be set aside to help defray insurance costs for those
employees whose insurance costs increase after Oct. 1 as a result of changes in family status or
an employee’s spouse’s/ domestic partner’s job status. Employees who receive money from this
fund can only receive up to the same amount of assistance given to people accessing the other part
of the health care pool. Any funds remaining in this budget at the end of the fiscal year will be
rolled into the largest part of the health care pool on an annual basis.
Insurance Committee (TA this section 5/14/2019) The parties agree to participation in an insurance composed of representatives from KEA, appropriate
central office administrators, and all other employee groups that choose to participate. Each group will
appoint its representatives based on their own internal processes. The committee will study insurance
programs, review bids, make recommendations regarding insurance programs and seek opportunities to
educate employees about evaluating and choosing insurance coverage. Participation in a District
insurance committee with other bargaining unit representatives does not waive the Association’s right to
bargain over insurance plans/benefits. The committee will meet monthly beginning in September and
share information with the general membership.
Health Care Authority (the “carve-out”) The Health Care Authority contribution will be paid in full by the district. Through December of 2019.
Starting in January of 2020 the HCA contributions will be paid in full by through the district SEBB
remittance.
VEBA Health Reimbursement Plan The district and association have adopted the VEBA Health Reimbursement Plan. The district agrees to
facilitate employee contributions to the plan and will add 10 cents for each dollar contributed by each
employee, according to the VEBA age-based contribution rates, as applied to the program in 2007-08
2018-2019. Each eligible employee must submit a completed and signed membership enrollment form
complete an enrollment form online through VEBA to become a plan participant and be eligible for
benefits under the plan.
Beginning in the 2020-2021 school year, the district will make an annual contribution to each employee’s
VEBA account in the amount of the former pool amount $400 (per full-time FTE). $390,000 divided by
full time FTE. (assuming a two-year contract?)
Organization and management of the plan will be subject to the mutual agreement of the district and
association. A copy of the Memorandum of Understanding between the district and association about
organizing and managing this plan can be found in the appendix of this contract.
Employees must vote annually to adopt this plan.
VEBA Sick Leave Conversion Medical Reimbursement Plan The district has adopted the VEBA Sick Leave Conversion Medical Reimbursement Plan, pursuant to
RCW 28.A400.210, and agrees to make contributions to the plan on behalf of all employees who have
excess sick leave conversion rights.
In accordance with the statute, contributions on behalf of each eligible employee will be based on the
conversion value of sick leave credits the employee has accumulated at the time of his or her retirement or
separation from the district. As per statute, all eligible employees will be required to sign and submit to
the district a VEBA membership form that includes a “Hold Harmless” agreement. If an eligible
employee fails to sign and submit this agreement, he or she will not be permitted to participate in the plan
at any time during the term of this contract. Without a signed agreement, an employee’s excess sick leave
conversion rights will be forfeited for the term of the contract.
All employees who retire or separate from service and who meet the eligibility requirements in RCW
28A.400.210 during the term of this contract will be eligible for contributions to the plan. State law
allows up to 180 days to be contributed to the plan on behalf of a retiring employee. For retiring
employees, “excess sick leave” is defined as sick leave days that accrue for an employee during the term
of this contract.
Annual participation in the plan is limited to those employees who have accumulated at least 180 days of
unused sick leave as of the effective date of this contract. To be eligible for annual participation in the
plan, employees must have accumulated at least 180 days of unused sick leave on the date this contract
goes into effect. The terms of this VEBA agreement will be renewed every year by the end of December
based on a vote of the eligible membership.
KEA Rationale: It is necessary to change the contract to reflect the move to the new School Employee
Benefits Board insurance programs. Pooling is no longer allowed under SEBB so pooling monies that
offset out-of-pocket expenses and are now contributed to individual VEBA accounts that can be used for
that purpose.
KSD Rationale: All decisions and processes are outlined by the new SEBB laws. The District is required
to follow these laws. Any changes by SEBB could cause new proposed language to be out of
compliance; therefore, it makes more sense to just reference SEBB policy.
Article IV, Section 1: Professional Development
KSD response to KEA response to KSD response to KEA response to KSD response to KEA Proposal
#22
*waiting for response from KEA
Presented: 6-18-19 8-8-19 8-12-19 8-16-19
*KEA will withdraw the clock hour portion of this proposal contingent on reaching an acceptable
salary agreement.
District sponsored professional development courses shall be developed with input and collaboration with
from certificated staff. In April of each year, the district Professional Development Committee will jointly
develop a Professional Development survey to be administered in May of each year to guide the selection
of district Professional Development opportunities for the following year. The District will pay for
employees’ clock hours for any District-sponsored or provided professional development.
Rationale: It is to the District’s advantage to encourage all employees to participate in professional
development. Providing District-paid clock-hours will increase participation in training and will,
therefore, benefit the District and the students of Kennewick School District.
District Rationale
Rationale: See lines 1515-1586 which describes this process. This language includes the participation of
certificated teaching staff.
Rationale: Clock hour fees are used to pay for presenters, food and other days like Focus on Instruction.
We will review this cost as part of the overall money package proposals.
SECTION 1: PROFESSIONAL DEVELOPMENT The board and association recognize the need for professional growth and development. The district will
maintain a program of professional development opportunities using resources available within the
district and outside the district. The district will continue as an approved education agency, as recognized
by the Professional Education Standards Board state board of education.
District Professional Development Committee A district Professional Development Committee will be established to:
1. Survey district/employee needs. Make district professional development recommendations.
2. Help develop and guide professional development courses.
3. Coordinate the annual district summer professional development conference.
4. Support building professional development coordinators in their work at the building level.
5. Coordinate and share with staff any district professional development opportunities.
6. Provide input to district and association bargaining teams in issues related to staff development.
7. Encourage professional growth.
The District Professional Development Committee will have funds available to provide release time for
committee members, as well as other committee needs, depending on the availability of substitutes. The
Staff Development and Assessment Coordinator will submit proposals for approval.
The District Professional Development Committee will be composed of three elementary employees, who
must be regular classroom teachers ( two must be classroom employees); one middle school employee;
one high school employee; one librarian; one Special Services employee; one career and technical
education or other special interest employee; three building principals (representing one elementary, one
middle, and one high school); and two central office administrators. The association president and district
professional development coordinator will jointly appoint all committee members. Any proposed member
not mutually accepted will not serve on the committee. Each person selected will serve a two-year term.
Persons may be reappointed once to a consecutive term. Non-voting members may be appointed, as
agreed to by the committee. This committee will meet during the school day or outside the contract day
with compensation at curriculum rate for a minimum of five times during the school year.
Building Staff Development Coordinators Staff development coordinators from each building will be compensated commensurate with district
curriculum committees.
Building Professional Development Committees The building principal/supervisor and the KEA Association representatives from the building, in
consultation with the association president, will collaboratively select an employee who will serve as the
Building Professional Development Coordinator on an annual basis.
Each building will have a professional development committee with at least three employee
representatives selected by employees in that building or a site council that manages the building
professional development funds. The building’s professional development committee may also be
coordinated by the site council when the staff development coordinator is a member of the site council.
The elementary representatives will reflect the grade levels and programs in the building.
At the secondary level, representatives will be from various departments or subject areas. The principal or
an assistant principal will also serve on the Building Professional Development Committee or Site
Council. The building committees will meet during the employee workday.
Itinerants from Special Services and Nurses - bargaining unit employees assigned to more than one
building will form a committee to serve in the same capacity as the building committees. The committee
will consist of the immediate supervisor and at least three employees selected in a representative manner.
The professional development coordinator will work with the principal/supervisor to:
1. Provide training to building staff on the Instructional Framework.
1. Annually survey the needs of staff in the building
1. Develop a building plan and program to address the identified needs
1. Coordinate the professional development funds to support the building plan.
1. Communicate district level professional development to staff and/or site council.
1. Communicate the program and plans of the building to other building professional development
coordinators at monthly meetings.
Each building will have $75 per bargaining unit employee FTE to be used to meet the building’s
professional development needs. Nurses, Juvenile Justice Center employees, alternative program
employees, Keewaydin Discovery Center, Legacy and Phoenix employees will receive $100 per FTE.
Building professional development funds may be used to provide release time or curriculum rate stipends
for building staff, contract with outside presenters, purchase professional materials for staff use, or pay
expenses for conference registration and travel. These funds are to be allocated by the building
committee. The intent of the building funds is to support building wide professional development.
Kennewick School District aligns professional development by following the National Standards for
Professional Learning.
For more information on Building Professional Development funds, see the item in the appendix titled
“Building Site Council Budget Items.”
Voluntary Participation Participation of any employee in the professional development program will be voluntary. No employee
will be coerced, intimidated, discriminated against, threatened, or receive a negative or downgraded
evaluation if he or she refuses to voluntarily participate outside the contracted workday
District Rationale: Move counter-proposed language into existing section. There is already survey
language in the contract. Agree to committee makeup. No to payment for clock-hours unless it is part of
overall salary increase.
District sponsored professional development courses shall be developed with input and collaboration with
certificated staff. The District will pay for employees’ clock hours for any District-sponsored or provided
professional development.
Rationale: It is to the District’s advantage to encourage all employees to participate in professional
development. Providing District-paid clock-hours will increase participation in training and will,
therefore, benefit the District and the students of Kennewick School District.
KEA rationale: This is a matter of professional respect. Teachers should not be required to pay money to
keep their jobs. The other districts, which also compensate their teachers at higher rates, are able to afford
to give their employees free clock hours for training.
RSD:
PSD:
Article IV, Section 5: Class Size
KEA response to KSD response to KEA Proposal #40
Presented: 6-20-19 6/28/19 8-8-19 8-12-19 8-16-19
*waiting response KSD *This proposal is contingent on reaching an acceptable agreement on salary.
SECTION 5: CLASS SIZE
Overload Guidelines
The district will have the first ten five ten five ten five eight school days of each school year to
make adjustments to class loads. These ten five ten five ten five eight days will not count for
overload compensation. Overload compensation will begin on the eleventh sixth eleventh sixth
eleventh sixth ninth school day.
The following will apply to overload compensation:
1) The District, by the 10th of the following month, will process the overload count and
overload will be paid out on the following paycheck without generating any paperwork
for the employee.
The district overload report covers the calendar month ending with the last school day of the
month and will be submitted to the association president no later than the 15th of the following
month.
Overloads will be equally distributed between grade level or subject matter area for all
employees at each school.
In order to ensure input from employees directly affected by classes larger than the staffing guidelines, the following procedure shall be followed:
1) The Building Administration shall meet with affected employee(s) to analyze the situation and develop a tentative resolution.
2) If the affected employee(s) does not agree to the tentative resolution, the Principal will schedule a conference with the Director of Human Resources. The affected employee(s) will be invited to participate in the conference, along with at least one Association representative. The Director of Human Resources will make a recommendation to the Superintendent within five (5) days of the conference.
3) Determination of action to be taken shall be announced to the Principal and employee(s) within five (5) school days of the time the Superintendent receives the recommendation.
Calculating Overload at Elementary Schools (except Special Services and Elementary
Specialists)
A student day at the elementary level is defined as an overload of one student for one full day in
grades where employees generally retain their classes for a full day.
Kindergarten and first grade classes will not exceed 24 students per class. In the event a class
exceeds 24, provisions for overload will take effect.
Grade 2 and 3 classes will not exceed 26 students per class. In the event a class exceeds 26,
provisions for overload will take effect.
Grade 4 and 5 classes will not exceed 27 students per class. In the event a class exceeds 27,
provisions for overload will take effect.
The class size limit for a multi-age classroom will reflect the lowest traditional grade level
present.
In the event combination rooms at the elementary level are established, they will be limited to 25
students grouped near the same reading level.
In schools with a Dual Language Program, the class size will not exceed the average class size of the
General Education classes at same grade level.
In schools with a one-way Dual Language Program, the class size will not exceed the average class size
of the General Education classes at same grade level.
If a one-way Dual Language class size does exceed the average class size then the overload language will
take effect immediately.
When a class, in grades K-5, reaches an enrollment count of 32 27 32 30 31, the Assistant
Superintendent of Elementary Education will notify the aAssociation president.
Elementary Specialists
Workload will be the following for health and fitness employees, music employees, and
librarians:
1) Workload per class: 24 students in kindergarten and first grade, 26 students in grades two
and three, 27 students in fourth through fifth.
2) A maximum of 50 28 50 25 50 classes per week. (This factor will be prorated to
determine the hiring of music and health and fitness specialists.)
3) Elementary specialist overload rate will be paid per the schedule below: $3.50 per
student per class
4) Length of Special-minutes per class Overload Rate
5) 30 $1.75
6) 35 $2.04
7) 40 $2.33
8) 45 $2.63
9) 50 $2.92
10) 55 $3.21
11) 60 $3.50
Calculating Overload at Secondary Schools (except Special Services)
In the middle schools and high schools, student days are used to account for day limit overloads.
A student hour in secondary schools is defined as an overload of one student for one regular
class period.
Overload pay will be calculated using two methods and the district will pay the greater overload
pay amount. The employee will be paid according to one of the following two calculation
methods for overload pay, which are by the period and by the day. The calculations are detailed
below. Employees will not exceed 30 students per period in any class period.
In middle schools, employees will not exceed a maximum of 160 150 160 students per day of six
instructional class periods or 187 187 students per day of seven instructional class periods, with
a maximum of 30 students in any individual classroom. the maximum number of students listed
below for the number of regular classes taught per day.
Total regular classes
taught per day
Maximum
number of
students
1 30
2 56
3 82
4 108
5 134
6 160
7 186
8 212
In schools with six instructional class periods per day, fitness classes will not exceed a maximum
of 30 students in any individual class; the maximum employee load will not exceed 180 180
students per instructional day. This provision does not include health classes that are held in
individual classrooms. In middle school fitness classes, using the day overload calculate,
employees will not exceed the maximum number of physical education classes(excluding health
classes taught in an individual classroom) taught per day.
Total regular classes
taught per day
Maximum
number of
students
1 30
2 60
3 90
4 120
5 150
6 180
7 210
8 240
In high schools, employees will not exceed a maximum of 140 140 students per day of five
instructional class periods or a maximum of 168 168 students per day of six instructional
periods, with a maximum of 30 students in any individual classroom. In high schools, using the
day overload calculation, employees will not exceed the maximum of students listed below for
the number of regular classes taught per day.
Total regular classes
taught per day
Maximum
number of
students
1 30
2 56
3 84
4 112
5 140
6 168
7 196
In schools with five instructional class periods per day, fitness classes will not exceed a
maximum of 32 32 students in any individual class; the maximum employee load will not exceed
160160 students per instructional day. This provision does not include health classes that are
held in individual classrooms. In high school fitness classes, using the day overload calculation,
employees will not exceed the maximum number of physical education classes taught per day.
Total regular classes
taught per day
Maximum number
of students
1 30 32 32
2 60 64 64
3 90 96 96
4 120 128 128
5 150 160 160
6 180 192 192
7 210 224 224
For the purposes of overload, doubles classes in secondary schools will have a maximum of 24
20 24 students in any individual classroom.
For the purposes of overload, ALE/LOC classes in a high school will not exceed a maximum of
ninety-three (93) 80 93students per day of five (5) instructional class periods. Individual classes
will not exceed a maximum of twenty (20) FTE students.
In schools with a Dual Language Program, the class size will not exceed the average class size of the
General Education classes at same grade level.
In schools with a one-way Dual Language Program, the class size will not exceed the average class size
of the General Education classes at same grade level.
If a one-way Dual language class size does exceed the average class size then the overload language take
effect immediately.
For the purposes of overload, alternative education programs and Phoenix High School will have
a maximum of 24 students in any individual classroom.
For the purposes of overload, the Off-Campus Learning program will have a maximum of
twenty-four (24) FTE (full time equivalent) students per 1.0 FTE teacher as outlined in the
RCW.
In music performance classes and large lecture groups, the individual class maximum may be
raised. Music employees may determine the number of students enrolled in performing classes
beyond the contracted class size. For non-performing classes, the contractual class size language
is in effect. Daily class loads will be computed by determining the fraction of the day assigned to
non-performing classes multiplied by the daily total allowed under contract language.
Calculating Overload for Special Services
Special Services personnel will have the following workload:
1) Elementary, K-5
A maximum of 30 IEP students per full-time Special Services employee. At least 6.0 hours
per day of paraeducator time will be provided and directed by the Special Services teacher.
In addition at the elementary level, when the number of of IEP’s on an employee’s caseload
exceeds 30 45, the employee and the building principal in consultation with the District
coordinator of resource room programs will discuss choosing overload pay or additional
overload para educator hours. When the number of students with IEP’s on an employee’s
caseload exceeds 45 30 45 the employee and the District coordinator of resource room
programs, in consultation with the building principal, will discuss choosing additional
overload payment and additional overload para educator hours or a 0.5 Special Services
employee will be hired. Additional para Para educator time will be prorated with each 0.5
employee hired. reassessed based on the new student caseload and provided as per contract
language.
2) Middle School 6-8
A maximum of 60 student periods per day of six class periods, with a maximum of 12
students in any individual classroom. At least 6.0 hours per day of paraeducator time will be
provided and directed by the Special Services teacher.
3) High School 9-12
A maximum of 55 student periods per day of five class periods, with a maximum of 12
students in any individual classroom. At least 6.0 hours per day of paraeducator time will be
provided and directed by the Special Services teacher.
The 6.0 hours of Paraeducator time shall be spent performing duties directly related to
Special Education. Other assigned duties shall not infringe upon the 6.0 hours of the Special
Education time.
4) District Special Services Programs
Preschool
A maximum of 16 eight (8) students per half day session, plus at least 25 hours per week of
paraeducator time. When a session size exceeds 8, the employee and the District
coordinator of preschool programs will discuss choosing overload pay or adding additional
hours of overload para educator time.
Autism Self-Contained
A maximum of eight six eight (8) seven (7) eight (8) students, plus at least 12 hours per day
of paraeducator time. When the class size exceeds eight students, the employee and the
district coordinator of the Autism program will discuss choosing overload pay or adding a
six-hour program needs paraeducator. When the class size exceeds 8 12 7 8 12 students, the
employee and the district coordinator of the Autism program will discuss choosing overload
pay or adding an additional six hour program needs paraeducator. The class size will not
exceed 10 students.
Autism-Inclusion
A maximum of 12 10 12 11 12 students, plus at least 18 hours per day of paraeducator time. .
When the class size reaches 13 16 16 students, the employee and the district coordinator of the
Autism program will discuss additional overload pay or adding an additional 6 hour program
need paraeducator. The class size will not exceed 14 students. The class size will not exceed 14
students.
Developmental Therapy (see proposal #18)
A maximum of seven students per half-day session, plus at least six hours per day of
paraeducator time.
Lifeskills
A maximum of eight six eight (8) seven (7) eight (8) students, plus at least six hours per day
of paraeducator time. When the class size exceeds 12 8 sudents, the employee and the
district coordinator of the Lifeskills program will discuss choosing overload pay or adding
an additional six-hour program needs paraeducator. The class size will not exceed 10
students. When the class size exceeds 12 8 7 8 sudents, the employee and the district
coordinator of the Lifeskills program will discuss choosing overload pay or adding an
additional six-hour program needs paraeducator. The class size will not exceed 10 students.
When a student requires a one-on-one Paraeducator, that Parareducator shall not supplant
any current “program” paraeducator, nor cause a reduction in program Paraeducator time. A
student with a one-to-one para educator or LPN will not count for purposes of calculating
overload.
Structured Learning Classroom (Elementary)
A maximum of 12 students, plus at least 6 hours per day of para educator time. When the
class exceeds 12 students, the employee will receive overload pay or request additional para
educator time.
Occupational/Physical Therapists
A maximum of 40 students, plus at least six hours per day of para educator time.
Speech and Language Pathologists
A maximum of 50 students, plus at least 6 hours a day of paraeducator time. When the
Speech Language Pathologist’s caseload exceeds 50 students the district will attempt to
alleviate the overload situation in accordance with the options outlined. In the event
overload cannot be alleviated, the SLP will receive overload pay or request 3 hours of
additional para educator time be assigned. Should the caseload exceed 60 students, the SLP
will receive overload compensation for the students over 60 or choose to be assigned an
additional 3 hours of para time. Should the caseload exceed 65 students the SLP shall
receive 6 hours of additional para time and will receive overload compensation for all
students on their caseload beyond 65 students. If the District is not able to alleviate the
overload situation of a caseload beyond 65 students the District will post for additional SLP
positions as needed.
School Psychologists
The caseload for School Psychologists will be 1500 general education student FTEto 1.0
Psychologist FTE. 150 students with disabilities not including students identified as
communication disabled only. In the event that a psychologist’s caseload goes over, the
ratio (based on Nov. 1 count), the psychologist will receive an additional 7.5 hours of per
diem pay for every additional 100 10 FTE students with disabilities not including students
identified as communication disabled only. Referred/served or fraction thereof.
Calculating Overload for Regular Education/Special Services Team-taught Classes in
Middle Schools
A Team-taught Class by a regular education employee and a Special Services employee will be
limited to 27 students using as a guideline a ratio of two-thirds regular education students to one-
third Special Services students.
The regular education students will be assigned to the class roster of the regular education
employee, and the Special Services students will be assigned to the class roster of the Special
Services employee.
The principal and the employees involved will develop team-taught classes.
When an overload occurs in a team-taught classroom with over 27 students, overload pay for the
period will be split evenly between the regular education employee and the Special Services
employee.
Regular education employees will not exceed a maximum of 157 students per instruction day of
six class periods in the team-teaching model.
Overload Compensation (except Special Services)
When an overload occurs, the district will attempt to alleviate the overload in accordance with
option 1 and/or 2 below. In the event the district does not alleviate the overload through option 1
and/or 2, the affected employee will then elect option 3 or 4, as indicated below.
1) Employees may be employed in addition to those provided for by the Basic Education
Act.
2) Students may be transferred.
3) A trained pParaeducator time may be assigned, at the option of the employee. However,
when paraeducator time is used, that time will consist of at least one-half a full at least
one-half day per classroom at the elementary level, or 30 50 30 50 30 minutes per period
of overload at the secondary level. Paraeducator time will be generated outside existing
programs.
4) An employee may elect to receive compensation in lieu of aide time. Employees electing
compensation will be paid from the first day of overload at the following rates:
elementary - $ 17.50 $35.00 $17.50 $21 $17.50 $20 $17.50 per student per student day,
secondary - $ 3.50 $7 $3.50 $4.25 $3.50 $4.00 $3.50 per student per class period.
5) For online learning classes, an employee will receive compensation at $3.50 $7 $3.50
$4.25 $3.50 $4.00 $3.50 per each additional 0.2 FTE student enrollment.
The district may make downward adjustments in existing overloads at any time, including
overloads being remedied under option 3 and 4.
In all instances, overloads will be paid to the affected employee from the first day of overload,
except as noted above, up to the time the overload is alleviated or the employee elects to have a
paraeducator.
In the event a classroom employee on sick leave receives overload, overload compensation will
be paid to him or her for the first 20 days of his or her sick leave. On the 21st day, the substitute
employee will begin to receive the compensation.
Overload Compensation for Special Services
When an overload occurs in a Special Services class, the district will attempt to alleviate the
overload in accordance with option 1 and/or 2 below. In the event the district does not alleviate
the overload through option 1 and/or 2, the affected employee will then elect to take option 3 or
to receive compensation.
1) Employees may be employed in addition to those provided for by the Basic Education
Act.
2) Students may be transferred.
3) A trained pParaeducator time may be assigned at the option of the employee. However,
when paraeducator time is used, the time will consist of at least one-half a full one half a
full day per classroom at the elementary level or 30 50 minutes per period of overload at
the secondary level. Paraeducator time will be generated outside existing programs.
A Special Services employee who elects to receive compensation in lieu of paraeducator time
The district may make downward adjustments in existing overloads at any time, including
overloads being remedied under option 3 and/or by receiving compensation.
In all instances, overloads will be paid to the affected employee from the first day of overload,
except as noted above, up to the time the overload is alleviated or the employee elects to have a
paraeducator.
In the event a classroom employee on sick leave receives overload, overload compensation will
be paid to him or her for the first 20 days of his or her sick leave. On the 21st day, the substitute
employee will begin to receive the compensation.
KEA Rationale:
For the 18-19 school year the District budgeted for 1312.246 certificated staff (District reported F-195),
but only employs 1212.05 certificated staff (District provided scattergram to Jim Gow).
The change from 10 to 5 school days reflects the planning and preparation employees already do prior to
school starting. It is not common practice to move students out of a class to balance out the caseload.
Overload is intended to discourage the district from overloading classes. Overloaded classes negatively
impact safety, well-being, social/emotional development, and academic excellence of students.
Overloading classes also negatively impacts the staffs’ ability to plan and implement multiple-learning
style lessons and effectively meet the needs of all their students. Overloading classes also negatively
impacts the staffs’ ability to effectively communicate and engage with all families.
In addition, overloading Special Education Classrooms makes it a challenge for the teacher to meet
individual needs/goals that are required by law.
Finally, overloading Special Education classes has made it difficult to retain qualified Special Education
professionals in the Kennewick School District.
KSD Rationale: Keep the same overload rate and class size limits. Overload rates were increased 75%
recently. Overall, KSD class size limits and overload pay are better than neighboring districts. Your
proposal to double the overload rate pay from $3.50 to $7.00 would cost the District approximately $1.3
million dollars.
Overall, KSD special ed. size limits are as good as or better than neighboring districts. The proposed
changes to special ed. class size limits would mean adding additional teachers and the average KSD
teacher cost is approximately $100,000 per teacher.
Additionally, some teaching positions were not filled this year to balance the budget.
See other Sped counter language above.
KEA Rationale: See original rationale. Student and staff safety is a priority for KEA and according to the
paramount goals it is KSD’s number one priority.
Article IV, Section 5: Class Size
KEA response to KSD response KEA response KSD response to KEA response to KSD response to KEA
Proposal #18
*waiting for response from KEA (Still Working)
Presented: 6-18-19 6-28-19 8-8-19 8-16-19
Developmental Therapy Starting with For the 2018-2019 2019-2020 school year, the programs formally formerly known as Developmental Therapy will switch to an all-day model and be called Tier II Behavior Programs. All Tier II Behavior classrooms will have a maximum of 12 students, plus at least 18 hours per day of para-educator time. When the class size exceeds 12 students, the employee will receive an additional 6 hour para-educator. For the safety of students and staff, Tier II Behavior Classrooms will be divided into separate classrooms for K-2 and 3-5 students. Overload pay for Tier II Behavior programs will be $17.50 $21 $17.50 $20.00 /student day.
During the 2019-2020 School Year, a Special Education Task Force will identify and mitigate issues relating to student and staff safety, student learning and behavior outcomes, and staff retention. (See Proposal #27.)
Developmental Therapy A maximum of seven students per half-day session, plus at least six hours per day of paraeducator time. A maximum of seven (7) students per half-day session, plus at least six hours per day of paraeducator time.
MOU Language
Developmental Therapy Programs: Starting with the 2018-2019 year, Developmental Therapy programs will switch to an all day model: All DT classrooms will have a maximum of 12 students, plus at least 18 hours per day of paraeducator time. When the class size exceeds 12 students, the employee will receive an additional 6 hour paraeducator. Overload pay for DT programs will be $17.50/student day. Developmental Therapy
Developmental Therapy (DT) students are defined as students with IEPs that qualify for services in behavior, social, and/or emotional goals with a Behavioral Intervention Plan.
Special Services teachers in DT Program classrooms will have no more than six (6) students at any time. For every six (6) students, the district will provide at least six (6) hours of paraeducator time. The district will provide programs that meet the needs of DT students at all grade levels. For the safety of students, the district will separate DT classrooms by the following age levels:
K-2 3-5 6-8 9-12
The district will provide training, facilities, and equipment that ensures the safety of students and staff. Developmental Therapy (DT) students are defined as students with IEPs that qualify for services in behavior, social, and/or emotional goals with a Behavioral Intervention Plan. Special Services teachers in DT Program classrooms will have no more than seven (7) students at any time. For every seven (7) students, the district will provide at least seven (7) hours of paraeducator time. The district will provide programs that meet the needs of DT students at all grade levels. For the safety of students, the district will separate DT classrooms by the following age levels:
K-2 3-5 6-8 9-12
The district will provide training, facilities, and equipment that ensures the safety of students and staff. The KSD Superintendent and Deputy Superintendent, along with the Director of Special Services and the Assistant Superintendent of Human Resources will commit to working with a KEA-selected team (Association and DT teachers) to study and make contract language recommendations to the Labor Management team no later than December of the 2019-2020 school year.
KEA Rationale 6/28/19: DT teachers have significant and credible concerns about the safety of staff
and students in DT classrooms under the conditions of the 2018-2019 MOU. o 12 DT students in one classroom is too many. KEA was assured by KSD that DT
students would be spending much of their time in general ed classrooms. In reality, they frequently crowded into the DT classroom all at the same time.
o This last school year, during a transition between the General Ed and DT classrooms, a student left campus. Both the Gen Ed Teacher and the DT teacher believed that the student was in the other teacher’s classroom. There is not enough staff to accompany students during transitions.
o An older student engaged in a physical altercation with a younger student in a DT classroom. The sibling of the younger student was also in the classroom and joined the altercation.
o Not enough paras are CPI trained.
o Staff feel afraid to tell supervisors when a student assaults them because they are afraid of reprisals from administration.
o A 3rd grade DT student physically assaulted their 1:1 para during their transition time. The general ed teacher was present, but was not CPI trained and could not help. Not enough general ed teachers are CPI trained.
o A concentration of DT students in a building places a burden on the administration and staff of that building, giving them less time to provide for the education and safety of other students in the building.
o Out of 6 DT programs, only 2 teachers are planning to return to the DT classroom next year. Staff burnout is a result of teachers feeling that they can not be effective and maintain safe classrooms.
Students with clinical emotional and behavioral problems do not cease to have clinical emotional and behavioral problems when they enter adolescence. Our middle and high school students need support throughout their education. Richland offers it’s BESST program K-12. Kennewick students deserve to get as high a quality of services as students in neighboring districts.
We provided a 7:1 staff to student ratio before 2018-2019, and there has been no RIFF, so it shouldn’t require additional staffing.
The table below shows a 58.3% increase of student contact hours after the MOU. This could be a violation of their students’ IEP.
AM hours DT students PM hours DT students Total Contact Hours
Before MOU 3 7 3 7 42
After MOU 3 12 3 12 72
(6-18-19 )Fewer DT students in a single classroom greatly enhances student and staff
safety. Not mixing older and younger students, and bigger and smaller kids, greatly enhances
student and staff safety. The classroom environment will be more conducive to meeting students’ behavioral and
learning needs. DT students beyond grade five will receive the appropriate support. Aligns with the local standard, which has a maximum number of students in a classroom. DT teachers did not receive extra time to manage the extra paras provided by the MOU.
In some cases, the extra paras were helpful. In others, managing them created even more workload for teachers.
Provides administrators with the flexibility to better schedule students based on student needs and IEPs.
KSD Rationale: KSD wishes to adopt last year’s MOU into contract language. Tier II (old DT) programs are currently all day programs. KSD will not go back to the half day model.
KEA Rationale: This program is not safe for students as currently structured.
KSD Rationale: This language eliminates any reference to Developmental Therapy and follows current
practice and overload rates. The Task Force MOU will address other concerns to Tier II behavior
programs
Suggest Article IV, Section 6
KEA response to KSD response to KEA response to KSD response to KEA Proposal #17
*Waiting for response from KSD
Presented: 6-18-19 6-28-19 8-8-19
KEA TA
SECTION --: “Curriculum Expenses”
The District will provide curriculum and all necessary materials required to teach that curriculum. If
curriculum requires including additional/supplementary materials, the District will provide those
materials to all employees who teach the curriculum.
If curriculum requires translation, the District will translate the materials, at appropriate grade and/or
developmental level. If the District cannot translate curriculum, the District may ask employees to do the
translation and employees will be paid at their per diem rate for the time it takes to translate curriculum or
the employees will not be required to teach the curriculum in a language other than English. Should an
employee request to have other supplemental materials translated, the District will determine whether or
not those materials are necessary and deliver those materials in a timely manner. If the District deems that
the materials in question are necessary, the District get the materials translated. Should the employee offer
to translate the materials themselves and the District agrees, the District will provide compensation at the
curricular rate.
Rationale:
Some teachers have had to use their own money to buy expendables. For example, science teachers had
to use their own money to purchase materials for hands-on science lessons in the adopted curriculum.
Other buildings are doing a better job of getting materials or reimbursing teachers. It needs to be
consistent across the district.
Administration is sending out emails that state that, if teachers don’t go to trainings on non-contractual
days during the summer, they won’t be given curriculum materials.
Many teachers, such as Dual Language, ELL, General Education, and Bilingual teachers, have to
translate their curriculum which takes time away from teaching and learning.
KSD Rationale-First paragraph is redundant. Second paragraph is clarifying that translations and pay can
only be completed and paid when directed by the district.
Article V --: Student Discipline
KEA response to KSD response to KEA response to KSD response to KEA Proposal #43
*Waiting for KSD response
Presented: 6-20-19 8-12-19
Student Discipline
Students are expected to behave appropriately at school. Building and District administrators
will provide support in dealing with continually disruptive students and take measures to
minimize disruption of the learning environment. Any employee may exclude from a classroom or
activity any student who is creating a disruption that violates the school’s or employee’s discipline
policies.
A student can be excluded for the balance of a class period, an activity, or a school day. As per RCW
28A.600.020 and WAC 392-400-330, the student cannot be excluded for more than the balance of the
school day or up to two school days (CCL) unless if the behavior warrants further disciplinary action is
taken. Except in an emergency, an employee must attempt one or more alternative forms of corrective
action prior to excluding a student.
A classroom exclusion may be administered per WAC 392-400-330 and KSD Policy 3313 Emergency
Removal.
Building Administration will provide a designated alternative educational environment outside of the
regular classroom for the teacher to send continually disruptive students.
In no event will any excluded student return to the regular classroom until a written plan of action has
been notification has been given to the teacher created by the administration. and signed consent given by
to the affected teacher(s). without Only with the consent of the employee may an excluded student return
to the class during the balance of that class or activity period or up to the following two school days, or
until the principal or designee and the employee have conferred. If consent is not given by the affected
teacher(s), the excluded student will be provided a designated alternative educational environment outside
of the regular classroom until administration and affected teacher(s) can agree. Any restorative
conferences between the excluded student, affected teacher(s), administrator(s), and/or
parent(s)/guardian(s) will not be during instructional time, prep time (with employee consent), or lunch
time.
Parents of any student so removed from class will be notified as soon as possible by the
employee/principal, giving details on the removal and the incidents which caused the removal.
The principal or the employee can request a conference to discuss a student’s behavior with the student’s
parent or guardian.
Prior to a student’s return to a classroom, the employee who excluded the student from the classroom will
be informed of the disciplinary action taken against the student. Employees have the right to recommend
stronger disciplinary action.
The district will provide diagnostic or therapeutic personnel and other support services, including separate
adjustment classrooms, for the continually disruptive student. Readmission of a student to a regular
classroom may take place upon demonstrated acceptable behavioral changes.
The district will require each principal, with staff input, to create a behavior alert communication process.
Student Behavior Committees will create a plan addressing the safety of the student, staff, and other
students. The district will give each building the flexibility to create student dress codes based on needs.
The board and the superintendent will support and uphold its employees in their efforts to maintain
discipline in accordance with district discipline rules, which will be distributed to each employee at the
beginning of the school year. The board supports the authority of employees to use prudent disciplinary
measures for the safety and well-being of pupils and employees.
To maintain order and discipline, an employee may employ the reasonable use of physical restraint, as
long as he or she does not violate board policies, state laws, or federal laws.
The district will conduct instructional meetings for employees concerning all applicable federal, state, and
local laws; district rules, regulations, and procedures pertaining to student rights; employee rights; due
process; and the processing of student discipline. These meetings will be held during the workday at no
cost to the employee.
KEA Rationale:
To help minimize disruption and maintain student and staff safety and well-being.
To build and maintain improved support systems for continually disruptive students.
To provide a safe and educational environment for removed students to de-escalate and refocus.
To provide accurate documentation that includes the teacher’s input.
To provide opportunities for all affected parties to re-establish a positive learning environment.
KSD Rationale: Each building administration ensures that when students are taken out of classrooms
that they have a place to go. Updated law sets forth the standards for exclusionary discipline.
KEA Rationale: Please see original rationale. We are conforming with the law in regards the alternative
education environment.
KSD Rationale: WAC 392-400-330 as well as District Policy 3313 require the language above.
