Assistant Coach - Girls Basketball

CONTRACT BETWEEN Fargo Board of Education and Fargo Education Association July 1, 2021 - June 30, 2023

Table of Contents Page Preamble .................................................................................................................................1 Appendix A Multipliers Appendix B Results of S alary Calculations Appendix C Summer School, Curriculum Writing , and District Committees Appendix D Overload Calculations Appendix E Formatting Style and Citation of Contract 2021-2023 Memorandums of Understanding Article I Recognition .............................................................................................................1 Article II Negotiation Procedures ...........................................................................................1 Article III Grievance Procedure ...............................................................................................3 Article IV Rights of Teachers...................................................................................................5 Article V Teacher Employment Conditions............................................................................6 Article VI Teacher Assignment................................................................................................8 Article VII Teaching Load and Class Size ..............................................................................11 Article VIII Teacher Evaluation................................................................................................11 Article IX Salary.....................................................................................................................11 Article X Work Year .............................................................................................................14 Article XI Leave System ........................................................................................................14 Article XII Health Insurance....................................................................................................17 Article XIII Dental Insurance....................................................................................................18 Article XIV Life Insurance........................................................................................................18 Article XV Long-Term Disability............................................................................................18 Article XVI Insurance Payments...............................................................................................18 Article XVII Leave of Absence ..................................................................................................18 Article XVIII Funeral Leave........................................................................................................19 Article XIX Sabbatical Leave ...................................................................................................19 Article XX Association Leave .................................................................................................21 Article XXI Professional Development.....................................................................................21 Article XXII Payroll Deductions ................................................................................................24 Article XXIII Recall from Unrequested Leave ...........................................................................25 Article XXIV Miscellaneous Provisions......................................................................................25 Article XXV Duration.................................................................................................................26 Ratification ...............................................................................................................................26

1 Preamble The Board of Education of the Fargo School District, hereinafter referred to as the Board, and the Fargo Education Association, hereinafter referred to as the Association, approve this contract for the 2021-2022 and 2022-2023 school years as follows: Article I Recognition The Board recognizes the Association as the exclusive bargaining representative for regularly scheduled school term employees employed on an annual contract defined in NDCC 15.1-16-01 as an employee licensed to teach by the North Dakota Education Standards and Practices Board or approved to teach by the North Dakota Education Standards and Practices Board and employed primarily as a classroom teacher. These employees are referenced as teachers in this contract. Article II Negotiation Procedures A. Meetings Meetings between the negotiation units of the Board and Representative Organization will commence within 30 days of the Board recognizing the Representative Organization, with such meetings to be established by mutual agreement. Requests from the Representative Organization spokesperson for meetings will be made to the Board spokesperson. Requests from the Board spokesperson for meetings will be made to the Representative Organization spokesperson. Sites located on school district property will be chosen by mutual agreement. B. Agenda The first scheduled meeting will be held for the purpose of establishing ground rules for the negotiations process. Specific topics, with explanation, shall be placed on the table at the second scheduled meeting. Additional topics, with explanation, may be placed on the table after the second meeting only by agreement. C. Agreement As agreements are reached between the parties, they shall be reduced to writing, and initialed, certifying tentative approval by the negotiators of the Board and the Association bargaining units. Following completion of negotiations, all agreements shall be subject to the approval of the Board and the Association. D. Resolution of Issues A single mediator may be used to assist in the resolution of issues before impasse is declared. The selection of the mediator will be by mutual agreement. Costs of this phase of mediation will be borne equally by both parties. E. Impasse Procedures An impasse may occur when, after a reasonable period of negotiations, the parties are deadlocked on all unresolved agenda topics.

2 F. Timetable If the impasse is declared, the matter will be submitted to a mediation board within 20 days after the written request of either party to the other. G. Mediation Within 25 business days after the declared impasse a mediation panel shall be established. The Board will name one advisor, and the Association will name another. Selected advisors shall be residents of the Fargo Public School District (District). District Board members and employees of the District are not eligible to serve as members of the mediation panel. A third member, who shall be the chairperson, will be selected by the two appointed mediation panel members. The chairperson must be selected from the North Dakota Alternative Dispute Resolution Neutral Roster as published by the State Court Administrators Office or other recognized bodies that provide a list of trained arbitrators. If agreement cannot be reached on the selection of a chairperson, a chairperson shall be randomly selected from the Alternative Dispute Resolution Neutral Roster. The chairperson may or may not be a resident of the District and may not be the legal counsel for the Board nor the Association. Within 15 business days of the appointment of the chairperson the mediation panel shall convene a meeting, at which the Board and the Association are present, to help both parties reach mutual agreement for resolving the unresolved topics. The mediation panel will examine and analyze positions and interests to ensure that both parties have clear understanding of the issues before them. The mediation panel will attempt to identify priorities and focus the parties' effort on problems that must be solved for an agreement. The mediation panel will work to foster an atmosphere that is conducive to idea-sharing and problem-solving. The mediation panel may offer procedural or substantive suggestions and recommendations throughout the following process. Stage 1: Mediation Panel Chairperson's Opening Statement. After the parties are seated at the table, the mediator introduces everyone, explains the goals and rules of the mediation, and encourages each side to work collaboratively toward a settlement. Stage 2: Board and Association Opening Statements. Each party is invited to describe the dispute and its consequences, financial and otherwise. The mediation panel might entertain general ideas about resolution, as well. The chairperson may elect to hold the opening statements in a joint session with both parties present, or in separate sessions with each of the parties. Stage 3: Joint discussion. After each side presents its opening statements, the mediators and two parties are free to ask questions with the goal of arriving at a better understanding of each party's needs and concerns. Stage 4: Brainstorming Options. The mediators may facilitate a brainstorming session with the two parties present. The parties work to identify possible solutions to the issues. Stage 5: Private caucuses. Each party may meet privately with one or more mediators in a separate room. The mediators will go between the two rooms to discuss the strengths and weaknesses of each position and to exchange offers. The mediators continue the exchange as needed during the time allowed.

3 Stage 6: Joint negotiation. After caucuses, the mediator may bring the parties back together to negotiate directly if needed. Stage 7: Closure. If the parties reach an agreement, the negotiations parties will draft and sign tentative agreements. If no agreement is reached through this process, within 5 business days the mediation panel shall submit its a written summation of the meeting and any potential recommendations to the parties. These recommendations shall be made public and shared with the members of the North Dakota Education Fact Finding Commission. The compensation and other expenses of the chairperson of the mediation panel shall be borne equally by the Board and the Association. All other expenses of the impasse proceedings, unless otherwise agreed upon, shall be paid by the party incurring them. Article III Grievance Procedure A. Purpose - To enable teachers to express a complaint about the administration of this Agreement with the assurance that the complaint will receive prompt attention by persons who can remedy it if necessary. B. Definition of Grievance - Any disagreement regarding the interpretation or application of a specific provision of this Agreement. C. Computing Time Limits - The first day of time limits listed within this Article shall be the first business day after the Level One meeting or the first business day after the grievance is filed with the Superintendent if bypassing Level One. D. Procedure - Any party to the grievance may be represented during any step of the grievance procedures by any person or agent designated by such party to act on the party's behalf. At any level, if Administration or the Board does not answer a grievance or an appeal within the specified time limits the remedy requested by the grievant shall be placed into effect. If the grievant or Association fails to carry out the required actions within the specified time frame for that level, Administration or the Board may elect to treat the grievance as withdrawn. An unexpected or extended leave by either party is an exception to these specified time limits. Placement on an administrative leave of absence shall not be considered an unexpected or extended leave that would affect this process. Level One An informal meeting shall be held between the teacher and the principal, where the teacher will inform the principal of the grievance, in an attempt to settle the matter. If the matter is not resolved, the grievance shall be presented in writing by the teacher to the principal within 25 business days after the informal meeting between the teacher and the principal. The written grievance shall contain the date the alleged violation took place, a precise statement of the nature of the grievance, the article or provision of the agreement allegedly violated, the remedy requested, and the signature of the aggrieved person. The principal shall give a written answer within 10 business days of the time the grievance was presented to the principal in writing.

4 Level Two If the aggrieved person is not satisfied with the disposition of the grievance at Level One, the grievant may file the grievance in writing with the Superintendent of the District; hereinafter referred to as the Superintendent. The grievance must be filed within 10 business days after the receipt of the response from the principal. Within 10 business days after receipt of the written grievance by the Superintendent, the Superintendent and/or proper assistant may meet with the aggrieved person in an effort to resolve the grievance. The Superintendent and/or proper assistant shall render a decision in writing to the grievant within 10 business days after meeting with the aggrieved person. Level Three If the aggrieved person is not satisfied with the Superintendent's disposition of the grievance, the grievant may within 20 business days after receipt of the Superintendent's disposition, file the grievance in writing with the Board. When submitting the written grievance, the grievant may request and shall be granted a meeting with the Board for the purpose of discussing the grievance. The Board shall render a decision in writing within 20 business days after submission of the grievance to the Board. Level Four If the grievance is not satisfactorily resolved within 20 business days after the grievant receives a decision from the Board at Level Three, the grievant may submit the grievance to the Association and request submission to non-binding arbitration. The Association shall, within 25 business days, submit the grievance to non-binding arbitration at their cost or return it to the grievant who may submit the grievance to non-binding arbitration at the grievant's cost. The arbitrator may be selected from the North Dakota Alternative Dispute Resolution Neutral roster as published by the State Court Administrators Office or other recognized bodies that provide a list of trained arbitrators. E. Grievances involving more than one supervisor and grievances involving an administrator above the building level may be filed at Level Two. F. Level One and/or Level Two of the procedure may be bypassed provided that the Superintendent agrees, and the grievance brought directly to the next level. G. The number of days indicated at each level are maximum time limits. A reasonable effort shall be made to expedite the process. H. When hearings and conferences under this procedure are held during school hours, at the option of the Board or administration, all employees whose presence is required shall be excused without loss of pay for that purpose. I. All documents, communications, and records dealing with the processing of the grievance will be filed separately from the personnel files of the participants.

5 Article IV Rights of Teachers A. Required Meetings Whenever a teacher is required to appear before the Board or an administrator for any reason that could adversely affect the teacher's position, the teacher shall be notified, in advance, via email or written letter. The written notification will include the reason for the meeting and the teacher's right to representation at the meeting. B. Student Grading No grades or evaluations shall be changed without the knowledge of the teacher. If a grade or evaluation is changed over the teacher's objection, the supervisor making the change will state in writing and place a copy in the teacher's District Office personnel file. A copy will also be sent to the teacher. C. Student Retention or Promotion If a student is retained or promoted over a teacher's objections, the supervisor making the decision will so state in writing and place a copy in the teacher's official personnel file and the administrator's official personnel file. A copy will also be sent to the teacher. D. Political Activities Leave A teacher, upon request, shall be granted a leave without pay of not more than a semester, unless otherwise agreed to by the Superintendent, for the purpose of campaigning or for serving in a public office. No request for leave will be necessary when such activity does not interfere with a teaching contract. The teacher shall make request for political activities leave prior to an announcement to campaign or to serve in a public office in which the teacher would be required to be absent from an assigned position. E. Teacher Safety in Policy Making and Training

1. Association representatives will be included in the Safety Committee.
2. Association representatives will be included in the selection and implementation of safety training procedures and protocols.
3. Policy 6310 will not be changed until the contemplated changes have been discussed with the Association President and/or their designee and the Association President and/or their designee has been given the opportunity to share their thoughts and concerns regarding the proposed changes. F. Reporting of Behavior and Safety Concerns Teachers are encouraged to report behavior and safety concerns. Choosing to submit reports, or the frequency of reporting, shall not be in and of itself reflected in performance evaluations, job assignment, or contract renewal decisions.

6 G. District Committee Design The Superintendent and/or their representative and the Association President and/or their representative shall meet annually to review the purpose of the committees referenced in this agreement, determine expected meeting frequency, and review committee make-up. The Superintendent and/or their representative and the Association President and/or their representative will collaboratively determine committee make-up ensuring that each party involved will have appropriate representation. No less than 50% of voting committee representatives on the Health Insurance Committee and Safety Committee will be assigned by the Association President. Article V Teacher Em ployment Conditions A. Credit for Experience

1. Newly employed teachers will receive the equivalent year's credit for each year of experience. The experience granted will be equal to the FTE experience for each year worked. This credit will be granted if, in the judgment of the Superintendent, the teaching experience has been appropriate to the position which has been offered. For example, teaching experience at the secondary level may not be appropriate if the applicant is being considered for an elementary position. Placement on the salary schedule will be accomplished in the following manner: a. Beginning teachers with no experience will be placed on Step 3. b. Experienced teachers new to the District, or with past experience with the District, will be placed on the step based on the actual number of years of experience granted under the guidelines of Section A. Teachers with one, two, or three years of experience granted will be placed on Step 3. (As an example, an experienced teacher who has been granted three years of experience will be placed on Step 3 of the salary schedule.) c. Teachers cannot be placed any higher than the highest step of the appropriate lane on the salary schedule.
2. The Superintendent or his/her designee may evaluate work experience outside the field of education and grant schedule credit in the same manner as permitted for school teaching experience. Teachers may be granted up to two years of schedule credit for military experience. B. Determination of Salary Increase
3. It is the responsibility of the principal to ensure that the teacher understands what constitutes an acceptable level of performance and to advise a teacher when work is below this level. Such advice will be in writing. The teacher shall be made aware of deficiencies by February 1, in order that the teacher may have an opportunity to raise performance to an acceptable level.
4. If a principal, on or before March 15, determines that the quality of the teacher's service does not justify a salary increase and the Superintendent concurs with this report, a salary increase will be denied.

7 C. Salary Adjustments for Additional Training Teachers who have earned salary adjustments due to increased amount of college training may request such adjustment by October 15 and February 15. Prior to August 15 and December 20, respectively, course work must have been completed. Such request must be accompanied by an official transcript certifying completion of previously approved college course work. The salary adjustments submitted will be made retroactive to the first working day of the school year if the request is submitted by October 15, and to the first working day of January if the request is submitted by February 15. Salary lane adjustments submitted between those dates will be effective on the latter of the two dates. No salary lane change will be made effective prior to the current fiscal year. Salary lane adjustments submitted after February 15 will be effective the first working day of the following school year. Credits for clinics, workshops and other in-service training modes which have dates that do not coincide with the two dates specified above must be authorized by the in-service instructor. This authorization will include a statement that the individual has completed the workshop and that credit has been awarded. The salary lane adjustment for clinics, workshops, etc., will be made retroactive to the first working day of the school year for work completed prior to August 15, or the first working day of January for course work completed prior to December 20, provided completion of the necessary requirements and receipt of the statement by the instructor has been received. D. Part-time Contracts

1. Teachers who are employed at the middle school and senior high level on a less than full-time basis will be paid by the following formula: Number of Class Lesson Preparation Percentage of Assignments Periods Annual Salary 1 ½ 20% 2 1 40% 3 1 60% 4 2 80%
2. Teachers with more than one class assignment will be assigned lesson preparation periods according to the above schedule. Resource Center assignments will also be made as appropriate to the school schedule.
3. Teachers who are employed at the elementary level on a less than full-time basis will receive a prorated salary.
4. Teachers on a less than full-time basis are expected to share in the assignments of extra duties and extra-curricular activities.
5. Unless specified in this contract, benefits and leaves for teachers employed less than full-time will be prorated to their percentage of employment. All employees under contract for the 1998-99 school year who are presently working and receiving a full benefit package, will not have their benefit package reduced unless the employee requests a contract which is less than their current contract. If the request for reduced employment is related to a medical situation involving the teacher or the teacher's immediate family, the teacher may request continuation of benefits at the level that

8 existed at the time of the request. The request must be made in writing, include the reason for the request, and shall be considered annually. The Superintendent shall have the authority to grant this request. Article VI Teacher Assignment A. Notification of Teaching Schedule All teachers employed by the system shall be given written notice of their schedules, class, subject or building assignment as soon as possible and no later than May 1. Secondary teachers across the District shall receive the written notice on the same day as their content- area colleagues. When projected enrollment data available in the spring indicates that a teacher will need to be reassigned through an involuntary transfer under AP 5120, they will be notified by May 15. This does not imply that schedules, class, subject or building assignment changes will not be made at a later date, although teachers will be notified of any changes as soon as possible. Policy 5120 will not be changed until the contemplated changes have been discussed with the Association President and/or their designee and the Association President and/or their designee has been given the opportunity to share their thoughts and concerns regarding the proposed changes. B. Overload Assignment An overload assignment can be defined as 1) a secondary or middle level teaching assignment of a sixth, graded course; 2) the elementary assignment of a multi-grade combination class; or 3) additional section assignments for elementary art, physical education, or music teachers. Teachers teaching an overload, as defined in number 1 and 2, will be entitled to additional compensation equal to 20% of their regular contract amount on the salary schedule prorated to the length of the teacher assignment. Teachers teaching an overload as defined in number 3 will be entitled to additional compensation calculated based on number of additional sections. The calculations for these overloads are referenced in Appendix D. C. Notification of Vacancies Notices will be posted in each school and electronically through the District's online application system when teaching and administration vacancies are determined to exist by the Superintendent. During the summer vacation period notices will be available in the Human Resources Department. D. Travel Car allowance to teachers who are required to use their private autos in their assigned responsibilities will be based on the following criteria:

1. The travel does not include travel from home to building of the assignment and the subsequent return.
2. No travel pay for teachers who travel between Washington Elementary and North High School.
3. Car allowance shall be equal to the IRS allowable mileage deduction for employees who are required to use their cars for the assigned responsibilities. This mileage will

9 be adjusted in July and January to the IRS rate in effect on July 1 and January 1. The July rate will remain in effect for all reimbursement requests submitted from July through December. The January rate will remain in effect for all reimbursement requests submitted from January through June. Requests for reimbursement should be submitted at the end of December and at the end of June.

4. Car allowance payments for the use of private autos shall be made monthly upon receipt of approved travel schedule. E. Secondary Liability and Property Damage Insurance Coverage The Board will provide secondary liability and property damage insurance protection for teachers for authorized school district business in accordance with NDCC 32-12.1. F. Preparation and Planning Time
5. The terms "planning time" and "preparation period" shall mean time within the student contact day set aside for tasks to be determined by the teacher.
6. Elementary Day a. Music, physical education, and art lesson periods are considered preparation and planning time for elementary classroom teachers. Elementary teachers' preparation and planning time shall be no fewer than 245 minutes averaged per five days. b. All non-classroom elementary teachers (e.g., music, art, physical education, special education, librarians, reading/math specialists, speech pathologists) shall be provided with relief and preparation time on the same basis as classroom elementary teachers. c. This provision is subject to modification for building's professional development, overload situations, IEP meetings, 504 meetings and/or other District leadership responsibilities.
7. Middle School Eight-Period Day If the District determines an eight-period day for Middle School: a. Period length shall be determined by the District. b. Full-time Middle School teachers will be scheduled for eight of the eight periods. A full-time Middle School teacher's assignment shall normally involve five structured classroom teaching periods, one advisory period, and two preparation periods . c. One of the preparation periods for full-time Middle School core teachers is designed as a team preparation period. Per discretion of the team and approval of the building administrator, teams may modify the use of this preparation period. If approval is not granted by the administrator, written justification will be provided to the team and Secondary Associate Superintendent. d. This provision is subject to modification for building's professional development, overload situations, IEP meetings, 504 meetings and/or other District leadership responsibilities.

10 e. If the District determines a schedule other than an eight-period day, preparation time shall be granted in accordance with and proportionately to this agreement.

4. High School Eight-Period Day If the District determines an eight-period day for High School: a. Period length shall be determined by the District. b. Full-time High School teachers will be scheduled for eight of the eight periods. A full-time High School teacher's assignment shall normally involve five structured classroom teaching periods, two preparation periods, and one semester's equivalent of one period of assigned time. The one semester's equivalent of one period of assigned time may be assigned before the start of Period 1. c. Assigned time is defined as those assignments that do not involve structured classroom teaching but may involve teachers in curriculum development, program evaluation, student supervision, working with selected students as an advisor, and/or providing intervention/enrichment for students. d. This provision is subject to modification for building's professional development, overload situations, IEP meetings, 504 meetings and/or other District leadership responsibilities. e. If the District determines a schedule other than an eight-period day, preparation time shall be granted in accordance with and proportionately to this agreement.
5. Teachers in nontraditional settings (e.g., Dakota High School, Explorer Academy, Virtual Academy) shall be provided with relief and preparation time on a similar basis as teachers in traditional settings. G. Teacher Workday
6. Elementary Workday The length of an elementary teacher's workday shall be no more than 7.5 hours (excluding professional development days which will be no more than eight hours) and shall include a duty-free lunch. Student contact time may begin 15 minutes after the start of the elementary teacher's workday and end 25 minutes prior to the end of the elementary teacher's workday. Any teacher that agrees to do additional duty at the start or end of the day during the 15- or 25-minute time frames, respectively, will be compensated at the hourly rate stipulated in Appendix C.
7. Secondary Workday The length of a secondary teacher's workday shall be no more than eight hours and shall include a duty-free lunch. A Middle School teacher's student contact time may begin 25 minutes after the start of the Middle School teacher's workday and end 30 minutes prior to the end of the Middle School teacher's workday.

11 A High School teacher's student contact time may begin 30 minutes after the start of the High School teacher's workday and end 15 minutes prior to the end of the High School teacher's workday. When the one semester's equivalent of one period of assigned time is assigned before the start of Period 1, the provision regarding the start and end of student contact time may be modified. Any teacher that agrees to do additional duty at the start or end of the day during the specified time frames will be compensated at the hourly rate stipulated in Appendix C. Article VII Teaching Load and Class Size The Board will attempt to observe, within reasonable limits, teaching load and class size averages appropriate for the grade level and subject taught as defined by the Long-Range Facility Plan. Policy 4900 will not be changed until the contemplated changes have been discussed with the Association President and/or their designee and the Association President and/or their designee has been given the opportunity to share their thoughts and concerns regarding the proposed changes. Article VIII Teacher Evaluation The policy for evaluating teacher performance shall not be changed until the contemplated changes have been discussed with the Association President. Following electronic and/or written data provided by the teacher and his/her evaluator and following a discussion between the teacher and his/her evaluator, copies of the teacher's evaluation in reference to individual performance will be made available to the teacher evaluated. Policy 5130 will not be changed until the contemplated changes have been discussed with the Association President and/or their designee and the Association President and/or their designee has been given the opportunity to share their thoughts and concerns regarding the proposed changes. Article IX Salary A. Salary Calculation Formula The basic salaries to teachers covered by this Agreement shall be determined by multiplying the base salary of $43,493 by the multiplier set forth in Appendix A, according to a teacher's step number and lane. Appendix B demonstrates the result of these calculations. Appendix A and Appendix B are attached to and incorporated in this Agreement. Such salary schedule shall remain in effect during the term of this Agreement.

1. A percentage of each and all contracted teachers' salary as defined by the assessment section of 15-39 will be reduced and sheltered in compliance with NDCC 15-39.1-
2. This agreement is based on Model 1 of the Teachers' Fund for Retirement Plan. If any conditions of the tax shelter program are changed by regulation, court decision, or other means, the Board and the Association will meet and confer regarding the new conditions. Any tax shelter program must meet the regulations of the State Retirement Board.

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2. All teachers as identified in Article I will increase one step on Appendix A each year except for the following: a. Those teachers covered under Article V, Section B (Determination of Salary Increment) b. Those teachers covered under Article XXI, Section D (Professional Growth - Cycle for Continued Education) c. Those teachers covered under Article XVII (Leave of Absence). In these situations, the Superintendent will determine if experience credit will be given. d. Those teachers employed during the 2020-2021 school year on Step 1 shall begin the 2021-2022 school year on Step 3. e. Those teachers employed during the 2020-2021 school year receiving the largest salary in a lane shall begin the 2021-2022 school year with a step number increased by two. This provision shall not apply to teachers in the MA+45 lane.
3. If a teacher's step number and lane results in an undefined multiplier, the highest multiplier of the teacher's lane shall be used to calculate salary. B. Extended Time Teachers working additional non-contract days for assignments including but not limited to kindergarten student assessment, counseling of students, and library preparation and closeout, will be paid at their prorated daily rate determined by dividing their regular contract amount by number of days in the contract as defined in Article X. These assignments must be approved in advance by the Superintendent or his designee. C. Part-Time Teachers Returning for Mandated Meetings Teachers with a contract that is less than full-time will be compensated for mandated activities that require attendance at those activities that occur outside their regular workday, but within the context of the regular full-time day. D. National Board Certification The District will pay an additional $1,000 to teachers annually that have achieved and retained National Board Certification or American Speech/Language/Hearing Association (ASHA) Certification of Clinical Competence (CCC). E. Middle Level Endorsement Teachers who have received a middle level endorsement on their Certificate and are teaching in a middle school assignment will receive a one-time $500 payment.

13 F. Other Instructional Salaries

1. Department Heads, Lead Teachers, Subject Area Coordinators and Team Leaders a. At the high school level, department heads will provide the department leadership for departments with more than 3.0 FTE staff. Lead teachers will provide this leadership for departments of between 1.5 and 3.0 FTE staff. Responsibilities of these positions will be defined in a job description developed by the Superintendent or his designee. b. At the middle school level, two forms of leadership will be implemented. Responsibilities of these positions will be defined in a job description developed by the Superintendent or his designee. i. Subject area coordinators will provide leadership for the various subject areas. ii. Team leaders will provide leadership for each interdisciplinary team. c. The allocation of funds for this compensation will be based on enrollment. A number equal to one index point for each 25 students in each school as of March 1 will be used to establish each school's allocation. d. The allocation for each school will equal the school's total index points times the designated amount determined by the Superintendent or his designee. e. There must be a minimum of three full-time teachers in a curricular area before a department head, subject area coordinator, or team leader is appointed. This appointment will be determined annually by the principal. f. High school principals may appoint lead teachers on an annual basis for a department at between 1.5 and 3.0 full-time equivalent teachers. Compensation for these lead teachers will be based on the same criteria used for department heads. g. Salaries will be determined by the Superintendent from monies allocated to each school by the formula. The salaries cannot exceed the building allocation.
2. Teachers who serve, in their capacity as a District employee, on District committees that have been approved by Board action or the Superintendent will be compensated for meetings held outside the workday at the rate stipulated in Appendix C. G. Summer School/Curriculum Writing/District Committees Teachers employed for curriculum writing, summer school teaching, or District committees will be paid an hourly rate per attached Appendix C. H. Method of Payment Monthly salary checks shall be distributed on the 15th of each month beginning in September and ending with June. If the 15th of a given month falls on Saturday, that check will be delivered on the preceding Friday. If the 15th of a given month falls on Sunday, that check will be delivered on the following Monday.

14 A teacher will have the option of receiving his/her salary in 10 or 12 equal payments. All payroll deductions, which are elective with the teachers, will be based on 10 months beginning with the September check, but a sufficient amount will be deducted to cover 12 months of insurance coverage. I. Pay Deductions Pay deductions for teachers for daily absences not covered by the provisions in the Agreement shall be made at the rate of 1/190 of the contracted salary. Teachers contracted for a period of time less than those days stated in Article XII will have deductions for daily absences prorated upon the number of days contracted. Article X Work Year The work year will be no more than 190 days. The work year will include Labor Day, Veterans Day, Thanksgiving Day, Good Friday, and Memorial Day as paid holidays. The proposed calendar shall be discussed with the Association President and/or their designee and the Association President and/or their designee has been given the opportunity to share their thoughts and concerns regarding the proposed changes prior to submission to the Board for adoption. Following adoption, the calendar shall not be changed without having first discussed the contemplated change with the Association President and/or their designee and the Association President and/or their designee has been given the opportunity to share their thoughts and concerns regarding the proposed changes unless the change is required by law, state department regulation, or court decision. Policy 4110 will not be changed until the contemplated changes have been discussed with the Association President and/or their designee and the Association President and/or their designee has been given the opportunity to share their thoughts and concerns regarding the proposed changes. Teachers will have a minimum of two half days of professional practice before the first day of classes. Middle school and high school teachers will have a minimum of a half day of professional practice the day after semester one ends in the school calendar. Elementary teachers will have a minimum of a half day of professional practice before spring parent-teacher conferences in the school calendar. Teachers will have a minimum of a half day of professional practice the day after classes end for the school year. Article XI Leave System A. Leave Days

1. Full-time teachers on an annual contract for the work year will be entitled to 12 days of sick leave each year with a maximum accumulation of 150 days. Part-time certified teachers will receive a prorated number of days each year with a maximum accumulation of 150 days. A pro-rata adjustment of accumulated sick leave credit will occur for any contract days not fulfilled due to early termination of employment or for days taken under a leave of absence or leave without pay.

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2. Three days of personal leave will be granted to each teacher employed one-half time or more. Teachers may carry over a total of three days, holding a maximum of six accumulated days. The individual teacher may elect to receive a payment in an amount equal to one contract day at their current salary step for each personal leave day accumulated, prorated to the teacher's percentage of employment. Refer to Section B; Paragraph 6 of this Article.
3. Teachers working half-time or more will accrue two days of emergency leave per year. Teachers working less than half of the annual employment period shall receive one- half of the allotted emergency leave. Emergency leave will accumulate to a maximum of 12 days.
4. Teachers who are unable to complete a regular contract year because of serious injury or illness are not eligible for additional sick leave credit in a new contract year until a medical doctor certifies they are able to return to work.
5. Teachers who have completed one full year of service with the District, that have less than 30 days of sick leave accumulated, may borrow from next year's allocated leave credits in the event of the birth or adoption of a child. The maximum amount they are allowed to borrow is two sick, two emergency and three personal leave days, or the difference between 30 days and their accumulated sick leave days, whichever is less. Teachers that do borrow sick leave days in advance are liable for repayment of the advanced amount in the event that their employment with the District terminates prior to the completion of the following year of service.
6. Teachers may request medical leave under Article XVII when their sick leave is used up.
7. Each day of leave used in excess of a teacher's accumulated leave days shall result in a salary reduction equal to the individual's daily rate of pay. B. Using Leave
8. Teachers may use sick leave days if they are suffering from an injury or illness. The maximum days of sick leave that can be used for any one disability is limited to the number of workdays that must be missed prior to the start date of the disability coverage provided by the Board.
9. Teachers may use sick leave days to care for a sick or injured spouse, parent (natural or step), child (natural, adopted, foster, stepchild or guardianship), domestic partner, or any relative permanently residing in their household.
10. Teachers must furnish a medical certificate signed by a medical professional when such certificate is requested by the Human Resources Department.
11. Accumulated sick leave earned prior to 2011-2012 must be used for sick leave first, if available.
12. Teachers may use emergency leave days in the event of an emergency not covered by Paragraph 1 or 2 of this section or by Article XIX. Approval of leave for emergency purposes must be obtained from the Human Resources Department.

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6. Teachers may use personal leave days for personal reasons not related to illness, injury or emergencies, subject to the following procedures and limitations: Teachers may use personal leave days for personal reasons if approved by the District's online personal leave system or their principal or supervisor to the Director of Human Resources at least five days in advance of such anticipated leave. Approval of absence for personal leave will be subject to the availability of a substitute and will be limited to a maximum of 15 individual elementary teachers and 15 individual secondary teachers on any one school day except during the month of May when the limit will be 10 for elementary and 10 for secondary. For workdays that meet the maximum 15 allowed personal leaves, the Human Resources Department will determine the number of individuals requiring subs. If the number of individuals requiring subs is less than 15, then up to three additional personal leaves will be granted for teachers requiring subs, at the discretion of the Human Resources Department. The maximum number of days allowed during the month of May will be 13 for elementary and 13 for secondary, with three of those days at each level granted at the discretion of the Human Resources Department. a. Personal leave may not be used during the first five and last five days of each school term without approval of the Superintendent. b. A teacher whose request for personal leave has not been approved due to the above stated rules can submit a waiver of the rules request to the Superintendent for his/her consideration and possible approval.
7. A teacher who is anticipating a leave due to the birth or adoption of a child shall submit a written notification to the Director of Human Resources at least 60 days prior to the proposed commencement of the leave period. Such leave will be granted for a period of time so as to permit the teacher to return to work in accordance with the Family Medical Leave Act guidelines. C. Leave Buyouts
8. Administrative Policy 5452 will continue to govern the treatment of accumulated sick leave earned prior to 2011-2012, upon separation from service with the District.
9. Teachers that have an accumulated sick leave bank of at least 65 days may elect to sell back some or all of their next year's leave credit days. Teachers who elect to sell back their following year's sick leave days will receive 50% of their current daily salary per day sold. To exercise this option, teachers must notify the District Office that they are making an irrevocable election to do so 30 days prior to the start of the new school year. The payment for the sick leave days that are being sold back to the District will be made the following January and will be based on the daily rate of pay at the time of payment. Teachers electing tax-sheltered options should contact the Human Resources Department for tax-sheltered options. Accumulated leave earned prior to 2011-2012 will not be eligible for selling, but those days can be counted toward the 65-day minimum.

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3. On the first day of the new contract year teachers that would accumulate sick leave in excess of the limit set in Article XI Leave System Section A Leave Days will instead receive 50% of their current daily salary per day that would have accrued. This payment will be made to the teacher in October of that contract year. Teachers shall contact the Human Resources Department for tax-sheltered options.
4. Teachers with 15 years of continuous service to the District will be eligible for a separation of service buy-out of all sick leave accumulated after 2010-2011 at 50% of their current daily salary per day. Approved leaves of absence and unrequested leaves do not constitute a break in service for the purpose of this section.
5. In the event of the death of an eligible teacher, the deceased's beneficiary will be eligible for the buy-out.
6. Teachers that leave the District due to cause nonrenewal or discharge will not be eligible for the separation of service buy-out. Teachers that leave the District due to reduction in force or personal reasons will be eligible for the separation of service buy-out, if they meet the service requirement indicated in Paragraph 4 of this section. D. Leave Bank
7. The Board will establish a Leave Bank of 200 days. Teachers needing leave beyond their accumulated total may request leave from the Bank in writing to the Director of Human Resources. The request will be granted or denied by a Leave Committee composed of one teacher appointed by the Association President, one Board member appointed by the Board President, and one administrator appointed by the Superintendent.
8. Teachers may also request leave for an injury resulting from student behavior. These requests may require a physician's certification and do not require approval of the Leave Bank Committee. There is no expectation, in these circumstances, that the employee has exhausted all other leave balances. Article XII Health Insurance A. Employees without dependents will be offered single coverage. Employees with qualifying dependents will be offered dependent coverage in accordance with the current health insurance contract provisions. The School District Health Insurance Committee will review the District health insurance plan design and will meet to make recommendations to the appropriate employee groups and the Board regarding plan design and premium contributions to the health insurance program. These recommendations by the Health Insurance Committee will be presented for consideration and action each year. The following special provisions apply to the health insurance program:
9. Employees whose employment continues from year to year will be offered District group health insurance on a 12-month basis.
10. Employees who terminate employment will be provided with District group health insurance protection to the end of the month of termination.
11. Coverage may be extended under federal statutes.

18 Article XIII Dental Insurance Employees without dependents will be offered single coverage. Employees with qualifying dependents will be offered dependent coverage in accordance with the current dental insurance contact provisions. The School District Health Insurance Committee will review the District dental insurance plan design and will meet to make recommendations to the appropriate employee groups and the Board regarding plan design and premium contributions to the dental insurance program. These recommendations by the Health Insurance Committee will be presented for consideration and action each year. Article XIV Life Insurance A. Each teacher working half-time or more until the end of the contracted year in which they reach age 65 shall be provided with $25,000 of group term life insurance with the option to purchase an additional $25,000 with additional coverage equal to the principal sum for accidental death and dismemberment. Each teacher under contract over the age of 66 working half-time or more shall have the applicable benefits available in the existing group life insurance coverage. B. Coverage will be provided until the end of the month following termination of employment. If school ends prior to June 1, coverage will be extended to June 30. Determination of the carrier and the premium will be made by the Board. Article XV Long-Term Disability Teachers working half-time or more will be offered a long-term disability insurance plan at Board expense based on a waiting period as defined in the Long-Term Disability contract. Article XVI Insurance Payments Teachers who are on a leave of absence approved by the Board for less than a full contract year may pay for their health, dental, and life. The cost will be the full monthly premiums (the employee's and the District's share) of the continued coverage. Only approved absences in excess of 20 days will fall under this provision. The Board will maintain the coverage for any single absence up to and including 20 days. Article XVII Leave of Absence A. Written applications for educational leave of absence without pay at an institution of higher learning must be submitted to the Superintendent by May 15. Approval for leaves of absence shall be based on the effect of the leave on the best interests of students and the continuity of the instructional program, with particular attention given to establishing appropriate beginning and ending dates. B. Applications for leave other than educational leave shall be considered individually upon their merit. Leaves of absence in this category may not exceed one contract year.

19 C. A teacher elected to the presidency of the North Dakota United shall be granted a leave of absence without pay for the duration of the term of office. If re-elected to another term, the teacher must apply for another leave of absence. The leave of absence will be coordinated with the school term. D. By mutual agreement with the individual teacher, the Board may provide compensation when such leave of absence is of direct benefit to the instructional program. The level of compensation will be negotiated with the individual teacher but shall not exceed the teacher's placement on the salary schedule. E. Teachers on leave of absence shall notify the Superintendent on or before March 15 of their intent to return or not to return to the District. F. Sick leave and emergency leave will not accumulate during the leave of absence. G. A teacher who becomes ill may request a medical leave without pay. This leave may be granted at the discretion of the Superintendent for a part of one school year, or part of two years, not exceeding the maximum of one calendar year. If the teacher plans to return to service at the beginning of the school year, the Superintendent must be notified in writing on or before April 1 preceding. If circumstances warrant the teacher's return to service during the school year, this will be permitted with Board approval, provided there is a position available at that time which is similar to the original position. H. The Association President may request and shall be granted up to a 40% leave of absence from their contract to do work for the Association. If the Association President is unable to take the leave of absence, they may designate a member from the Association Executive Board to take the leave of absence. The leave of absence would be reimbursed by the Association. At the conclusion of the Association President's term, the District shall reinstate the FTE status of the Association President or the Association President's designee prior to their term. Sections E and F of this Article shall not be applied to this leave of absence. Article XVIII Funeral Leave In the event of a death of a near relative (wife, husband, domestic partner, father, mother, brother, sister, son, daughter, mother-in-law, father-in-law, grandfather, grandmother, grandchildren, sister- in-law, brother-in-law), each regularly employed teacher is allowed a maximum of five school days without salary reduction to attend the funeral and to make final arrangements. Article XIX Sabbatical Leave A professional growth leave of absence for a semester or for a full year on half-pay may be granted to teachers having completed at least seven years of continuous and satisfactory full-time service in the District, subject to the following conditions:

20 A. Written application must be submitted to the Superintendent by February 1 if a teacher desires a sabbatical leave of one year. If a teacher desires a sabbatical leave of one semester, application must be made one week after the beginning of the semester previous to the one in which he/she desires the leave. Teachers on sabbatical leave shall notify the Superintendent on or before March 15 of their intent to return or not to return to the District. B. Request for a sabbatical leave will be considered by the Board if the request meets the following criteria:

1. The sabbatical program is coordinated by the teacher, the Board, and an institution of higher learning.
2. The sabbatical program is in accordance with the long-range goals of the District.
3. The sabbatical program is designed to enhance the professional growth and development of the teacher in his professional area of preparation.
4. The sabbatical program will prepare the teacher to return to the District with the professional expertise to significantly enhance the instructional program of the District. C. Teachers on leave shall not engage in remunerative work except with approval of the Superintendent. Scholarships, fellowships, assistantships, and other grants shall not bar a teacher from the sabbatical leave program. D. Each year the Board may approve up to 1% of the eligible staff for sabbatical leave. E. School insurance, sick leave, emergency leave, retirement eligibility, and eligibility for salary increments shall remain in effect and/or continue to accrue. The contractual status of the teacher on leave shall not be affected. Sabbatical leave pay shall be based on the salary schedule in force during the period of the leave. F. Payment of the one-half of basic pay will be made under the same provisions as the regular payment schedule. A teacher requesting leave shall indicate whether he/she wants to be paid on a 10- or 12-month basis. Before final approval of the leave is granted by the Board, the teacher shall sign a promissory non-interest-bearing note or furnish a salary recapture bond from a company that is approved by the Board, agreeing to refund the full amount in the event he/she does not complete one full school year after returning. G. Unless justified by illness, incapacity, or Board approval, failure of any teacher granted a leave under this policy to devote the entire period of the leave to the purpose for which the leave was granted shall constitute a cause for removal from the teaching service. H. Teachers returning from a sabbatical leave shall submit a written report to the Superintendent by July 1 summarizing the benefits derived from the sabbatical and shall agree to give oral reports if requested.

21 I. Upon expiration of a sabbatical leave and upon presentation of evidence to the Superintendent showing compliance with the conditions of the leave, the teacher shall be returned to a position for which he/she is qualified. J. Any additional benefits granted to regular employees shall automatically apply to teachers on sabbatical leave. Article XX Association Leave The Board agrees to grant 12 days of leave per year to be used by the Association. The Association agrees to notify the District no less than 48 hours in advance of the leave. A maximum of six unused days of Association Leave may be carried over into the following contract year. The Superintendent may approve additional days. The Association will pay the full cost of the substitute for any days approved by the Superintendent beyond the initial 12 days. Article XXI Professional Development A. Prescribed Educational Development

1. Staff members identified by principals and/or supervisors as persons who require professional improvement in a given area may be required to complete a prescribed program of professional improvement at an approved college or program, or through in-service training within a reasonable time.
2. The prescribed program of professional improvement will be worked out jointly between the staff members and principal and/or supervisor. The principal and/or supervisor will submit a recommendation to the Superintendent for approval or disapproval.
3. If the prescribed program is not completed successfully, and within the specified time, such failure may be among factors considered in dismissal procedures.
4. The Board may pay tuition cost only. Travel, materials, and books are the responsibility of the teacher. Such tuition payments apply only to those teachers who require personal professional improvement as identified by the principal or supervisor under Section A.
5. Credit hours paid for by the Board will not apply to horizontal movement on the salary schedule. If the individual teacher bears the entire cost, the credit hours may be used for horizontal movement.
6. This section does not apply to groups of teachers, grade levels, secondary departments, etc. who might all require in-service training in a specific area of learning. B. Guidelines for Horizontal Movement on Salary Schedule
7. Courses must be approved in writing if they are to apply to advanced salary schedule lanes unless they are required courses for a previously approved advanced degree in the respective teaching field. Prior to June 1 of the first year of employment, teachers new to the Fargo system may submit courses earned within five years prior

22 to employment in this system. Courses taken for horizontal movement on the salary schedule must be completed at accredited schools.

2. Credit will be given for individual research under college supervision only if a satisfactory outline has been approved by the Superintendent or his/her designee and credit is assigned by the college. No allowance of credit for the purpose of reclassification shall be made for a course which has been audited.
3. Effective July 1, 1976, at least 50% of the courses must be at the graduate level for advanced salary schedule lane qualification. However, this requirement may be waived or reduced by the Superintendent.
4. A minimum of a "C" grade must be earned to receive credit if a grade is given in the course. Pass/fail grades are acceptable for horizontal movement if such a grading method is approved by the college.
5. If the original BA or MA degree did not meet the required number of education hours to qualify for teacher certification, the hours necessary to meet such certification requirements will not be counted toward eligibility for advanced salary lane status.
6. Approved college courses earned prior to the attainment of a master's degree, which are not part of the basic master's program, will be credited for lane advancement beyond the master's degree only if earned within four years of the date upon which the master's degree was conferred. Teachers requesting credit for courses in an approved master's program must submit a copy of the approved program with the request. Course hours, which are listed on an approved program, may not be counted beyond the master's degree salary level.
7. All approved college credit hours above a BA or MA degree will be calculated in terms of the current salary schedule.
8. Approval will be considered only for courses in the field of education, or in a teacher's special field of teaching, or in a field of general culture related to the individual's assignment. Equivalency credit hours (travel, publishing, in-service workshops) will not be accepted for horizontal movement on the salary schedule.
9. The responsibility for providing evidence of training