Special Education Teacher - SLD Focus

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CONTRACT BETWEEN Board of Education of the City of Fargo and the Fargo Education Association July 1, 2023 - June 30, 2025

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TABLE OF CONTENTS Preamble ............................................................................................................................................... 4 Article I Recognition ........................................................................................................................ 4 Article II Negotiation Procedures ..................................................................................................... 4 A. Meetings ................................................................................................................................. 4 B. Agenda ................................................................................................................................... 4 C. Agreement .............................................................................................................................. 4 D. Resolution of Issues ................................................................................................................ 4 E. Impasse Procedures ..................................................................................................................... 5 F. Timetable.................................................................................................................................... 5 G. Mediation ................................................................................................................................ 5 Article III Grievance Procedure ......................................................................................................... 6 A. Purpose ................................................................................................................................... 6 B. Definition of Grievance ........................................................................................................... 6 C. Computing Time Limits .......................................................................................................... 6 D. Procedure ................................................................................................................................ 6 Article IV Rights of Teachers ............................................................................................................. 8 A. Required Meetings .................................................................................................................. 8 B. Student Grading ...................................................................................................................... 8 C. Student Retention or Promotion ............................................................................................... 8 D. Teacher Safety in Policy Making and Training ........................................................................ 9 E. Reporting of Behavior and Safety Concerns ................................................................................ 9 F. District Committee Design .......................................................................................................... 9 G. Individual Contracts ................................................................................................................ 9 H. Copies of Agreements ............................................................................................................. 9 Article V Work Year .......................................................................................................................... 10 Article VI Notification of Teaching Assignment ............................................................................... 10 Article VII Overload Assignment ...................................................................................................... 10 Article VIII Notification of Vacancies ............................................................................................... 11 Article IX Workday ........................................................................................................................... 11 A. Professional Time ................................................................................................................. 11 B. Teacher Workday .................................................................................................................. 13 C. Substitution Policy ................................................................................................................ 13 Article X School Counselors .............................................................................................................. 13

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Article XI Teaching Load and Class Size .......................................................................................... 14 Article XII Teacher Evaluations ........................................................................................................ 14 A. Evaluation Process ................................................................................................................ 14 B. Prescribed Educational Development .................................................................................... 14 Article XIII Compensation ................................................................................................................ 15 A. Salary Calculation Formula ................................................................................................... 15 B. Credit for Experience ............................................................................................................ 15 C. Determination of Salary Increase ........................................................................................... 16 D. Salary Adjustments for Additional Training .......................................................................... 16 E. Part-time Contracts ................................................................................................................... 17 F. Professional Development ......................................................................................................... 18 G. Other Compensation.............................................................................................................. 21 H. Method of Payment ............................................................................................................... 23 Article XIV Insurance ........................................................................................................................ 24 A. Health Insurance ................................................................................................................... 24 B. Dental Insurance ................................................................................................................... 25 C. Life Insurance ....................................................................................................................... 25 D. Long-Term Disability Insurance ............................................................................................ 25 E. Insurance Payments .................................................................................................................. 25 F. Secondary Liability and Property Damage Insurance Coverage ................................................. 26 Article XV Leave ................................................................................................................................ 26 A. Leave Days ........................................................................................................................... 26 B. Using Leave .......................................................................................................................... 26 C. Leave Buyouts ...................................................................................................................... 29 D. Leave Bank ........................................................................................................................... 30 E. Additional Types of Leave ........................................................................................................ 30 Article XVI Agreement Modification ................................................................................................ 34 Article XVII Saving Clause ................................................................................................................ 34 Article XVIII Duration ...................................................................................................................... 34 Article XIX Ratification ..................................................................................................................... 35 Appendix A Multipliers Appendix B Results of Salary Calculations Appendix C Summer School, Curriculum Writing, and District Committees Appendix D Other Instructional Salaries Appendix E Overload Calculations Appendix F Formatting Style and Citation of Contract

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Preamble The Board of Education of the City of Fargo ("Board") and the Fargo Education Association ("Association") approve this contract for the 2023-2024 and 2024-2025 school years: Article I Recognition The Board recognizes the Association as the exclusive bargaining representative organization 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.

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E. Impasse Procedures An impasse may occur when, after a reasonable period of negotiations, the parties are deadlocked on all unresolved agenda topics. 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.

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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. 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 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 - While informal problem solving is encouraged, the grievance procedure enables 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 the 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

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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 If a disputed matter is not resolved, the grievance shall be presented in writing by the teacher to the principal. The written grievance shall include 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 may meet with the aggrieved person in an effort to resolve the grievance. The principal shall give a written answer within 10 business days of the time the grievance was presented to the principal in writing. 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-

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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. 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 Administrator 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 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.

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D. Teacher Safety in Policy Making and Training

1. Association representatives will be included on the Safety Committee.
2. Association representatives will be included in the selection and implementation of safety training procedures and protocols.
3. Administrative 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. E. 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 assignments, or contract renewal decisions. F. 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. The Association President or their designee will serve as a voting member of the Calendar Committee. The Association President will assign all teacher representatives on the Calendar Committee, including at least one from elementary, middle, and high school levels to serve on the Calendar Committee. No less than 29% of voting committee representatives shall be teachers selected by the Association President. G. Individual Contracts Individual teacher contracts shall not be inconsistent with terms and conditions of this Agreement. H. Copies of Agreements A copy of this Agreement will be available online, and a paper copy will be provided upon request.

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Article V 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. Administrative 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 VI Notification of Teaching Assignment All teachers employed by the District shall be given written notice of their class, subject, and 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 Administrative Policy 5120, they will be notified by May 1. 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. Administrative 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. Article VII 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; 3) the semester responsibilities of unfilled special education FTEs; or 4) additional section assignments for elementary art, physical education, or music teachers. Teachers teaching an overload, as defined in numbers 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 equal the additional percentage of FTE of their regular contract

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amount on the salary schedule prorated until the unfilled FTE is filled. Teachers teaching an overload as defined in number 4 will be entitled to additional compensation calculated based on number of additional sections. The calculations for these overloads are referenced in Appendix E. Article VIII 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 Capital Department. Article IX Workday A. Professional Time

1. The term "Professional time" shall mean time within the student contact day set aside for tasks to be determined by the teacher.

2. Elementary Day

a. Elementary teachers' professional 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, counselors, librarians, reading/math specialists, speech pathologists) shall be provided with relief and professional 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.

3. 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 professional periods.

c. One of the professional periods for full-time Middle School core teachers is designed as a team professional period. Per discretion of

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the team and approval of the building administrator, teams may modify the use of this professional 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, field trips, school assemblies, monitoring of local, state, or federal assessments, required safety drills, and/or other District leadership responsibilities.

e. If the District determines a schedule other than an eight-period day, professional 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 professional 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, analyzing data, 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, field trips, school assemblies, monitoring of local, state, or federal assessments, required safety drills, and/or other District leadership responsibilities.

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

5. Teachers in nontraditional settings shall be provided with professional time on a similar basis as teachers in traditional settings.

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B. Teacher Workday

1. 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. Two consistent days per month may be scheduled not to exceed 8 hours. Student contact time may begin 15 minutes after the start of the elementary teacher's workday and 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.
2. Secondary School 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.

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.

C. Substitution Policy The District shall develop a policy that allows teachers who substitute for unfilled positions to earn extra personal days.

Article X School Counselors Fargo Public Schools school counselors are certified/licensed educators. To maximize student outcomes, school counselors' annual time will be spent providing instruction, appraisal and advisement, counseling, crisis response, referrals, consultation, collaboration, and school counseling program management as defined by the American School Counselor Association

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(ASCA). School counselors' roles will follow the recommended appropriate and inappropriate activities for school counselors identified by ASCA. Article XI 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. Administrative 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 XII Teacher Evaluations A. Evaluation Process Following electronic or written data provided by the teacher and their evaluator and following a discussion between the teacher and their evaluator, copies of the teacher's evaluation in reference to individual performance will be made available to the teacher evaluated. Administrative 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. B. 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 Subsection 1 of this Section.

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.

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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. Article XIII Compensation A. Salary Calculation Formula The basic salaries to teachers covered by this Agreement shall be determined by multiplying the base salary of $47,393 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.

7. 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 15-39.1-09. 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.

8. 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 XIII, Section C (Determination of Salary Increment)

b. Those teachers covered under Article XIII, Section F, Subsection 3 (Professional Licensure)

c. Those teachers covered under Article XV, Section E, Subsection 1 (Leave of Absence). In these situations, the Superintendent will determine if experience credit will be given.

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. 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

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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 B. 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 their 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. C. 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. D. 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.

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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.

E. 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 Assignments Lesson Preparation Periods Percentage of 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 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.

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F. Professional Development

1. Guidelines for Horizontal Movement on Salary Schedule a. 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 to employment in this system. Courses taken for horizontal movement on the salary schedule must be completed at accredited schools. b. Credit will be given for individual research under college supervision only if a satisfactory outline has been approved by the Superintendent or their 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. c. 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. d. 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. e. 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. f. 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. g. All approved college credit hours above a BA or MA degree will be calculated in terms of the current salary schedule. h. 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

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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. i. The responsibility for providing evidence of training (transcripts, letter of certification, etc.) rests with the individual making application for credit.

2. Additional Guidelines for Industrial and Trades and Industry Education Personnel a. Vocationally certified teachers not having a college degree will be placed at the appropriate step in the BA lane of the salary schedule according to the teacher's experience and training, subject to provisions of Article XII in the agreement. b. Personnel in the industrial and trades and industry education department teaching halftime or more, may bypass the master's degree by applying the following conversion: BA BA+15 BA+30 BA+45 MA MA+15 MA+30 MA+45 (BA+60) (BA+75) (BA+90) (BA+105) c. Credit for advancement on the salary schedule will be subject to the following provisions:

i. All credits for advancement shall be approved by the Human Capital Official. Approval will be based on the training/experience as appropriate to the teacher's field of teaching or certification. College courses may be at the undergraduate level. ii. Industry and state sponsored workshops and training sessions may be used for advancement on the salary schedule. Each 15 clock hours of training will equal one semester hour of credit. The teacher will be responsible for providing letters and/or certificates to the Human Capital Department. The Human Capital Official will determine if there is sufficient technology or information new to the teacher to allow credit in cases of duplication of workshops. iii. Limited work experience credit, appropriate to the teacher's certification, will be granted. One semester hour of credit for each 40 hours of work will be granted. The work experience must involve technology or methods new to the teacher in the area of the teacher's certification or class assignment. The employer must certify and fully describe the technology or

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methods involved which will constitute no more than one half of the credits necessary for a lane change.

3. Professional Licensure

A person must hold a valid North Dakota license issued by the North Dakota Education Standards and Practices Board in order to be permitted or employed to teach in any public school in this state. No teacher is entitled to receive any compensation for the time the teacher teaches in a public school without a license to teach which lawfully is issued and in force in the county in which the school is taught. Prior to receiving a salary for the first month taught in a school district, a teacher must exhibit the teacher's license to the business manager of the school district (NDCC 15.1-13-18 and NDCC 15.1- 18). Non-public schools must employ licensed teachers to be approved and in compliance with compulsory attendance laws.

a. A teacher will be required to complete semester hours according to the North Dakota license renewal requirements stipulated by North Dakota Education Standards and Practices Board.

b. Failure to meet the licensure requirements shall result in the following penalties:

i. A teacher not at the top of the salary schedule shall forfeit 3% of the regular teaching salary.

ii. A teacher at the maximum position on the salary schedule shall forfeit 2% for the regular teaching salary.

iii. If the requirements are not completed within one contract year following the implementation of the penalty, the salary shall be frozen at that level and will remain the same until the requirements are completed.

iv. When the requirements are completed, the teacher's salary will be determined by the current salary schedule. No retroactive payments will be made when there is forfeiture of salary.

v. A record of each teacher's professional and college credits will be maintained in the Human Capital Department and will become a part of the individual teacher's personnel record.

vi. No cumulative credit may be carried forward to the next licensure except four semester credits may be credited to the next licensure if the credits have been earned during a sabbatical leave or leave of absence.

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G. Other Compensation

1. 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 V. These assignments must be approved in advance by the Superintendent or their designee.

2. 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.

3. 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).

4. 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.

5. Lead Teachers

Teachers who agree to serve as a Lead Teacher will receive a stipend of $1,000 per year.

6. Other Instructional Salaries

a. Responsibilities of Department Chairs, Course Captains, and Team Leaders will be defined in a job description developed by the Superintendent or their designee. Annual compensation for these positions are stipulated in Appendix D.

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i. At the secondary level, Department Chairs will provide the department leadership for departments with at least 1.5 FTE staff.

ii. At the middle school level, Team Leaders will provide leadership for each interdisciplinary team.

iii. Across all levels, Course Captains will provide curriculum leadership for their course-alike group.

b. Teachers may decline to serve as Department Chair, Course Captain, and/or Team Leader.

c. 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.

d. Full-time special education teachers providing case management for students receiving special education services will receive additional compensation of $6,000 in the 2023-2024 school year and the 2024- 2025 school year. Part-time special education teachers providing case management for students receiving special education services will receive prorated compensation.

7. Summer School, Curriculum Writing, and District Committees

Teachers employed for curriculum writing, summer school teaching, or District committees will be paid an hourly rate per attached Appendix C.

8. Car Allowance

Car allowance to teachers who are required to use their private autos in their assigned responsibilities will be based on the following criteria:

a. The travel does not include travel from home to building of the assignment and the subsequent return.

b. No travel pay for teachers who travel between Washington Elementary and North High School.

c. 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 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

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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.

d. Car allowance payments for the use of private autos shall be made monthly upon receipt of approved travel schedule.

9. Unrelated Compensation In addition to the compensation agreed to in this Agreement, the Board, in its sole discretion reserves the right to compensate teachers for responsibilities unrelated to the regular assignment.

H. Method of Payment

1. Monthly Payments

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.

A teacher will have the option of receiving their 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.

2. Payroll Deductions

a. Any teacher who is a member of the Association or who has applied for membership may authorize deduction of membership dues in the Association, including the North Dakota United and the National Education Association. Such authorization shall continue in effect from year to year unless revoked in writing. Pursuant to such authorization, the Board shall deduct an equal and appropriate amount from each of nine checks beginning with the October 15 check.

b. Should a teacher's employment terminate before final payment is made, the Board will deduct the unpaid portion of Association dues from the teacher's final paycheck upon written notification from the teacher that such deduction is authorized. Payroll deductions are available for the following:

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i. Federal Income Tax ii. State Income Tax iii. Federal Insurance Contributions Act a) Medicare Tax b) Social Security Tax iv. Teachers' Fund for Retirement v. Other deductions required by law vi. Approved insurances a) Health Insurance b) Dental Insurance c) Vision Insurance d) Life Insurance vii. United Way viii. Association Dues ix. Optional Retirement a) 403b Tax-Sheltered Annuities b) Roth IRA Accounts x. Fargo Public Schools Foundation xi. Health Savings Account xii. Flexible Savings Account (See Administrative Policy 5440 for guidelines) Items 1 through 5 above are subject to legally required deductions. Items 6 through 12 are elective deductions requiring an electronic or written request by the teacher.

3. 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 V will have deductions for daily absences prorated upon the number of days contracted. Article XIV Insurance A. Health Insurance 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:

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1. Employees whose employment continues from year to year will be offered District group health insurance on a 12-month basis.

2. Employees who terminate employment will be provided with District group health insurance protection to the end of the month of termination.

3. Coverage may be extended under federal statutes.

B. 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.

C. 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. D. Long-Term Disability Insurance 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.

E. 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.

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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.

F. 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. Article XV Leave 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.
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 may request medical leave under Section E, Subsection 1 of this Article when their sick leave is used up.
6. Each day of leave used in excess of a teacher's accumulated leave days shall result in a salary reduction equal to the teacher's daily rate of pay. B. Using Leave
7. Teachers may use sick leave days for physical or mental health care needs. The maximum days of sick leave that can be used for any one disability is

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limited to the number of workdays that must be missed prior to the start date of the disability coverage provided by the Board.

2. 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.

3. Teachers must furnish a medical certificate signed by a medical professional when such certificate is requested by the Human Capital Department.

4. Accumulated sick leave earned prior to 2011-2012 must be used for sick leave first, if available.

5. Teachers may use emergency leave days in the event of an emergency not covered by Paragraph 1 or 2 of this section or by Section E, Paragraph 3. Approval of leave for emergency purposes must be obtained from the Human Capital Department.

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 Human Capital Official 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 Capital 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 Capital 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 Capital Department.

i. Personal leave may not be use