TEACHER ON SPECIAL ASSIGNMENT (TOSA) - Content Specialist -MATH SUPPORTS - Instructional Services - Washington Service Center - 26/27 School Year

July 1, 2023 - June 30, 2026 AGREEMENT Between the

NORTHWEST EDUCATION ASSOCIATION

and

NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT

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TABLE OF CONTENTS

PREAMBLE ................................................................................................................................................... 1 ARTICLE 1: RECOGNITION ........................................................................................................................... 2 ARTICLE 2: STATUS OF AGREEMENT ........................................................................................................... 2 ARTICLE 3: MANAGEMENT RIGHTS ............................................................................................................. 3 ARTICLE 4: GRIEVANCE PROCEDURE ........................................................................................................... 3 A. DEFINITIONS .................................................................................................................................. 3

1. Grievance ...................................................................................................................................... 3
2. Grievant ......................................................................................................................................... 4
3. Party of Interest ............................................................................................................................ 4
4. Days ............................................................................................................................................... 4 B. PURPOSE ....................................................................................................................................... 4 C. PROCEDURE ................................................................................................................................... 4
5. Time Limits .................................................................................................................................... 4
6. Year End Grievances ...................................................................................................................... 5
7. Level One - Immediate Supervisor ............................................................................................... 5
8. Level Two - Superintendent of the ESD ........................................................................................ 5
9. Level Three - The Board of Directors ............................................................................................ 5
10. Level Four - Arbitration ................................................................................................................ 5 D. RIGHTS OF MEMBERS TO REPRESENTATION ................................................................................ 6
11. Member ......................................................................................................................................... 6
12. Reprisals ........................................................................................................................................ 6 E. MISCELLANEOUS ............................................................................................................................... 6
13. Records of Grievances ................................................................................................................... 6
14. Meetings and Hearings ................................................................................................................. 6
15. Time Extensions and Waivers ....................................................................................................... 7 ARTICLE 5: ASSOCIATION RIGHTS AND PRIVILEGES .................................................................................... 7 A. INFORMATION ............................................................................................................................... 7 B. USE OF SCHOOL EQUIPMENT ........................................................................................................ 7 C. USE OF ESD FACILITIES .................................................................................................................. 8 ii

D. BULLETIN BOARDS ......................................................................................................................... 8 E. SCHOOL BOARD MEETINGS ............................................................................................................... 8 F. RELEASED TIME ................................................................................................................................. 8 G. MAIL FACILITIES AND MAILBOXES................................................................................................. 8 H. BOARD MEETING PACKET ............................................................................................................. 8 I. ASSOCIATION BUSINESS .................................................................................................................... 9 J. ACCESS TO MEMBERS ....................................................................................................................... 9

1. New Employee Orientation: .......................................................................................................... 9
2. Visits with Bargaining Unit Members: ........................................................................................... 9
3. Building Meetings: ...................................................................................................................... 10 ARTICLE 6: WORKING CONDITIONS .......................................................................................................... 10 A. LABOR MANAGEMENT COMMITTEE ........................................................................................... 10 B. PLANNING AND PREPARATION TIME .......................................................................................... 10 C. WORK YEAR ................................................................................................................................. 12 D. WORKDAY.................................................................................................................................... 13 E. SUBCONTRACTED EMPLOYEES ........................................................................................................ 14 F. OUTDOOR SCIENCE SCHOOL ........................................................................................................... 14 ARTICLE 7: PERSONNEL FILES .................................................................................................................... 15 ARTICLE 8: PAID LEAVES ............................................................................................................................ 15 A. SICK LEAVE ................................................................................................................................... 15
4. Accrual ......................................................................................................................................... 15
5. Carry Forward .............................................................................................................................. 15
6. Use ............................................................................................................................................... 16 B. BEREAVEMENT ............................................................................................................................ 16 C. COMPASSION LEAVE ................................................................................................................... 17 D. INJURY ON DUTY ......................................................................................................................... 17 E. LEGAL............................................................................................................................................... 18 F. PERSONAL/EMERGENCY ................................................................................................................. 18 G. MILITARY ..................................................................................................................................... 19 ARTICLE 9: UNPAID LEAVES OF ABSENCE.................................................................................................. 19 A. GENERAL...................................................................................................................................... 19 B. PROVISIONS FOR UNPAID LEAVE ................................................................................................ 20 iii

ARTICLE 10: PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT ................................. 20 A. TUITION REIMBURSEMENT FUND ............................................................................................... 20 B. REQUIRED COURSE WORK/PROFESSIONAL DEVELOPMENT ...................................................... 21 C. PROFESSIONAL CONFERENCES, WORKSHOPS, PROGRAMS ....................................................... 22 D. PROFESSIONAL ASSOCIATIONS ................................................................................................... 22 E. MEDICALLY FRAGILE STUDENTS ...................................................................................................... 22 ARTICLE 11: TRAVEL REIMBURSEMENT .................................................................................................... 23 ARTICLE 12: INSURANCE BENEFITS ........................................................................................................... 23 A. TYPES OF COVERAGE ................................................................................................................... 23

1. Medical/Dental/Vision ................................................................................................................ 23
2. Long-term Disability Insurance ................................................................................................... 24
3. Life Insurance .............................................................................................................................. 24 ARTICLE 13: SALARY SCHEDULE ................................................................................................................ 25 B. Placement on the Salary Schedule .............................................................................................. 25 C. Multiple Language Stipend ......................................................................................................... 26 ARTICLE 14: PAYROLL DEDUCTIONS .......................................................................................................... 27 E. ASSOCIATION DUES ......................................................................................................................... 27 ARTICLE 15: LAYOFF AND RECALL ............................................................................................................. 27 ARTICLE 16: RIGHTS OF MEMBERS ........................................................................................................... 29 A. PERSONAL LIFE ............................................................................................................................ 29 B. CRITICISM OF STAFF .................................................................................................................... 29 C. NON-DISCRIMINATION ................................................................................................................ 29 D. DISCIPLINE ................................................................................................................................... 30 E. DUE PROCESS .................................................................................................................................. 30 F. REQUIRED MEETINGS OR HEARINGS .............................................................................................. 30 G. MEMBERS NOT COVERED BY FAIR DISMISSAL LAW ................................................................... 30 ARTICLE 17: COMPLAINT PROCEDURES .................................................................................................... 30 ARTICLE 18: PROVISIONS RELATING TO STUDENTS .................................................................................. 31 STUDENT DISCIPLINE ............................................................................................................................... 31 ARTICLE 19: MEMBER EVALUATION ......................................................................................................... 31 A. PURPOSE ..................................................................................................................................... 31 iv

B. COMMITTEE TO REVIEW EVALUATION PROCEDURES ................................................................ 32 C. PROCEDURE ................................................................................................................................. 32 ARTICLE 20: VACANCIES, ASSIGNMENTS AND TRANSFERS ....................................................................... 32 A. DEFINITIONS ................................................................................................................................ 32 B. VACANCY ..................................................................................................................................... 33 C. ASSIGNMENT ............................................................................................................................... 33 D. MEMBER-INITIATED TRANSFERS ................................................................................................. 33 E. ESD-INITIATED TRANSFERS.............................................................................................................. 34 F. TEMPORARY EMPLOYEE HIRE ......................................................................................................... 35 ARTICLE 21: MISCELLANEOUS PROVISIONS .............................................................................................. 35 A. SEPARABILITY .............................................................................................................................. 35 B. COMPLIANCE BETWEEN INDIVIDUAL CONTRACT AND MASTER AGREEMENT........................... 36 C. PRINTING AGREEMENT ............................................................................................................... 36 D. NO-STRIKE/NO LOCKOUT CLAUSE ............................................................................................... 36 ARTICLE 22: DURATION OF THE AGREEMENT ........................................................................................... 36

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PREAMBLE While not grievable under Article 4 of this Agreement, this preamble establishes that the ESD and the Association are committed to equity, anti-racism, and anti-bias. The parties to this Agreement, the Northwest Education Association, hereinafter referred to as "the Association" and the Board of Directors of the Northwest Regional Education Service District, hereinafter referred to as "the ESD," commit to placing the student in the center of our work. We commit to using our resources responsibly and equitably to: reduce the disparity of outcomes for students of color, students with disabilities, and other underserved students and their families; provide safe learning environments, and support meaningful, equitable, and highly effective instruction so that all students, regardless of their race, class, ethnicity, gender, gender identity or expression, sexual orientation, and/or zip code, thrive academically, socially, and emotionally. We believe there is a correlation between the education of our students and the empowerment of the staff entrusted with the responsibility for their learning. Therefore, this Agreement commits both parties to build a collaborative partnership based on mutual respect and trust by addressing points such as:

• Providing each student with access to a well-rounded, comprehensive public education
• Reducing academic disparities for historically disenfranchised groups
• Addressing the health and safety needs of students, families, and staff by increasing and enhancing support for behavior, social-emotional learning, and mental health that are evidence-based, culturally and linguistically relevant, and culturally sustaining
• Hiring and retaining a highly qualified and diverse staff that reflects our student population
• Fundamentally realigning resources to achieve our vision. These commitments and beliefs, supported by action, will bring about the culture of success that the Association and the ESD envision. The parties therefore agree as follows:

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ARTICLE 1: RECOGNITION The ESD recognizes the Northwest Education Association as the sole and exclusive representative with respect to wages, hours, and conditions of employment for all regular full- time and regular part-time licensed or professional employees of the ESD, excluding supervisors (as that term is defined in the Public Employee Collective Bargaining Act (PECBA)), managers and confidential employees. It is understood that substitutes, temporary employees whose expected term of service is less than 90 contract days, and employees in other bargaining units are also excluded from the bargaining unit. During the term of this Agreement, the ESD will not negotiate with or recognize any organization other than the Northwest Education Association as the bargaining representative of bargaining unit members, except as may be required under the PECBA. A. Less than Half-time Employees: Employees employed less than half time shall not be covered by Article 15 (Layoff/Recall), Article 12 (Insurance), or Article 10 (Professional Development). For all employees who are less than full-time, all leave benefits shall be prorated. B. Newly Created Positions: In thei event the ESD creates a new position, it shall notify the Association president. Should the parties fail to agree upon the bargaining unit status of the newly created position, either party may petition the Oregon Employment Relations Board for a determination. Grant-Funded Positions: Persons hired under state or federal grants or funding through programs with other public agencies may be hired as temporary teachers as defined in ORS 342.815 and shall be subject to the conditions of this Agreement to the extent that this Agreement is consistent with requirements established by the originating fund source. Salaries and fringe benefits for these positions will then be negotiated pursuant to ORS 243.698 by the ESD and the Association within the resources available from the originating fund source. ARTICLE 2: STATUS OF AGREEMENT

1. This Agreement shall modify or replace any current policies, rules, regulations, procedures, or practices of the ESD, which are contrary to its terms. This Agreement contains the complete and total agreement between the parties. The ESD has no obligation to continue any practices or procedures in effect prior to the signing of this Agreement, including practices and procedures in effect before unification, unless they are specifically set forth in this Agreement.
2. This Agreement may be modified in writing when mutually agreeable.
3. There shall be two signed copies of the final Agreement for the purpose of records. One shall be retained by the ESD and one by the Association.
4. Negotiations for a successor agreement shall commence with notice by either party after December 15, and shall begin no later than April 15, before the expiration of the current agreement. If neither party gives notice of intent to open negotiations within this time frame, the 150-day bargaining period specified by ORS 243.712 shall begin as of April 15. 3

ARTICLE 3: MANAGEMENT RIGHTS The ESD, on its own behalf and on behalf of the electors of the ESD, hereby retains and reserves unto itself all powers, rights and authority, duties and responsibilities conferred upon and invested in it by the laws and Constitution of the state of Oregon. Such powers, rights, authority, duties, and responsibilities shall include but not be limited to:

1. Executive management and administrative control of the school system and its properties and facilities;
2. Hiring of employees and the determination of qualifications for employment;
3. Assignment of personnel and direction of work;
4. Determination of the number of days of work, starting and ending times, scheduling of work consistent with the specific provisions of this Agreement;
5. Determination of work and business hours and days;
6. Setting the school calendar;
7. Determination of the services, supplies, equipment and methods of operations, including automation and institution of new and/or improved methods of operation;
8. Adoption of reasonable rules and regulations;
9. Determination of the location, relocation, opening or closing of ESD facilities;
10. Determination of the financial policies and procedures of the ESD, including accounting and public relations procedures;
11. Determination of the size, configuration and functions of the management of the ESD;
12. Adoption of policies affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria. The exercise of these powers, rights, authority, duties, and responsibilities by the ESD is limited only by the specific, written terms of this Agreement in conformance with the Constitution and the laws of the State of Oregon. ARTICLE 4: GRIEVANCE PROCEDURE A. DEFINITIONS
13. Grievance "Grievance" is a complaint by a member, group of members or NWEA based upon the interpretation, application, or violation of this Agreement. Grievances that are based solely upon the alleged misapplication of ESD policies, rules, or regulations affecting the employment 4

conditions of members or based upon an alleged inequitable administrative decision pertaining to employment conditions may be pursued under Board Policy GBM. If a grievance involves allegations of both a contract violation and a violation of policies, rules, or regulations, the combined grievance will be processed in accordance with the procedures of this Article, but only the allegation of a contract violation can be taken to arbitration.

2. Grievant A "grievant" is a member, group of members, or NWEA making the claim.
3. Party of Interest A "party of interest" includes the member, group of members, or NWEA making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.
4. Days "Days" shall be the ESD's workdays, computed based on the program calendar of the aggrieved member (EI/ECSE or NWRESD Traditional calendar). B. PURPOSE The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems that may from time to time arise affecting staff members. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure. C. PROCEDURE
5. Time Limits Grievances must be discussed with the immediate supervisor not later than fifteen (15) days after the occurrence of an alleged violation or misapplication of the agreement, or not later than fifteen (15) days after the grievant had first knowledge or should have known of the occurrence of the ESD's actions or failure to act which the grievant believes constitutes a violation of contract. Failure to file a grievance within the above time lines shall constitute waiver of the grievance. The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. Upon agreement of the parties, grievance procedures may be conducted during regular ESD working hours for Levels One and Two. Level Three shall be considered at regular or special ESD meetings. All grievances and decisions shall be in writing.

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2. Year End Grievances In the event a grievance is filed at such time that it cannot be processed through all steps in this grievance procedure by the end of the contract year, the ESD and Association will discuss shortening the time for the grievance steps so that, if possible, the grievance procedure can be completed before the end of the contract year.
3. Level One - Immediate Supervisor Before filing the written grievance, the grievant must first discuss the matter informally with their immediate supervisor with the objective of resolving the matter informally. The written grievance must be given to the immediate supervisor within ten (10) days following the informal discussion with the immediate supervisor. Failure to file the grievance within that time limit shall constitute a waiver of the grievance. The supervisor will issue a written decision to the grievant within five (5) days after receipt of the written grievance. If the grievant is NWEA, the grievance may start at Level Two if multiple supervisors are involved. If a grievance is filed by NWEA on behalf of one member, the member must give consent for the grievance to be filed on their behalf.
4. Level Two - Superintendent of the ESD If the grievant is not satisfied with the disposition of the grievance at Level One, or if no written decision has been rendered within five (5) days, the grievant may appeal in writing to the Superintendent or designee within ten (10) days of filing the written grievance at Level One. The appeal shall include a copy of the decision being appealed and the grounds for regarding the decision as unresolved.
5. Level Three - The Board of Directors If the grievant is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within five (5) days, the grievance may be appealed to the Board within ten (10) days of the written appeal to the Superintendent at Level 2. The Board shall conduct a hearing within twenty (20) days and shall render a written decision to all parties of interest within five (5) days of the time of the hearing. The procedures for the hearing before the Board shall be established by mutual agreement which shall include the following: Time needed to present relevant evidence, additional information or witnesses needed beyond grievance documents, and the hearing format. Both parties will be present for the full presentation to the Board of Directors; however neither party will be present for Board deliberations.
6. Level Four - Arbitration (Limited to grievances regarding the interpretation, application, or violation of this Agreement.) a. If the grievant is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within ten (10) days after the ESD hearing in Level Three, the Association shall have the right to submit the grievance to arbitration. If the 6

Association elects to do so, it must give the ESD written notice to initiate arbitration within fifteen (15) days after issuance of the Level Three decision. b. Within ten (10) days after such written notice of submission to arbitration, a request for a list of seven arbitrators with residence in Oregon or Washington may be made to the Employment Relations Board by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. c. The arbitrator so elected shall confer with the representative of the ESD and the Association and hold hearings promptly and shall issue a decision not later than twenty (20) days from the date of the close of hearings or, if oral hearings have been waived, then from the date of final statements and proofs on the issue submitted. The arbitrator's decision shall be in writing and shall set forth the findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall have no power to subtract from, modify, or amend any terms of the Agreement. The arbitrator shall have no power to substitute their discretion for that of the ESD in any matter not specifically contracted away by the ESD. The decision of the arbitrator shall be submitted to the ESD and the Association and shall be final and binding on the parties. d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the ESD and the Association. Any other expenses incurred shall be paid by the party incurring the expense. D. RIGHTS OF MEMBERS TO REPRESENTATION

1. Member Any grievant may represent themselves at all stages of the grievance procedure through Step Three, or may be represented by the Association. The grievant must be present at all sessions.
2. Reprisals Neither party shall take any reprisal against the other party as a result of participation in this grievance procedure. E. MISCELLANEOUS
3. Records of Grievances No documents, communications, or records, dealing with the processing of a grievance shall be filed in the personnel file of any of the participants.
4. Meetings and Hearings All meetings and hearings under this procedure shall be conducted in private and shall include only the parties of interest and their designated or selected representatives. A representative of 7

the Association may be present at all stages of the grievance procedure. For all ESD scheduled grievance meetings, the administrator shall be flexible to allow attendance by the grievant and an Association representative.

3. Time Extensions and Waivers By mutual agreement, any time limit under this grievance procedure can be extended or any step can be waived. ARTICLE 5: ASSOCIATION RIGHTS AND PRIVILEGES A. INFORMATION Upon request, the ESD agrees to furnish to the Association all public information that it has compiled which is necessary for its functioning as exclusive bargaining representative. Upon request, a copy of the budget audit report will be mailed to the Association President within five (5) business days after being presented to the Board. Except for material that is available for distribution to the public without cost, the Association is responsible for copying costs. For copying of material that is readily available, the copying charge will be the rate set by Board policy, which covers staff wages for photocopying and routine research, and the cost of materials and equipment. If the copying will require unusual amounts of personnel time to research or assemble material, the ESD will inform the Association in advance of the additional costs for the personnel time B. USE OF SCHOOL EQUIPMENT The Association shall have the right to use ESD equipment and systems that are generally available to unit members at their work sites, at reasonable times when such equipment is not otherwise in use. Such equipment and systems include:
4. Computers
5. Duplicating equipment
6. Calculating machine
7. ESD e-mail to communicate with bargaining unit employees regarding collective bargaining, the investigation of grievances and other disputes regarding employment relations, and Association governance or other business of the Association
8. ESD Internet and
9. other types of audio-visual and telecommunications equipment The Association shall pay for the reasonable cost of all materials and supplies incidental to such use and for any repairs necessitated as a result thereof.

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C. USE OF ESD FACILITIES Facilities in ESD buildings may be used for Association meetings on normal workdays between 7 a.m. and 10 p.m. during non-duty hours, provided that such meetings shall not interfere with the normal ESD operations, do not cause additional expense to the ESD (excluding utility costs), do not create additional security problems and arrangements are made with the appropriate administrator or supervisor in advance. Usage after 5 p.m. must be approved by the Superintendent or designee. D. BULLETIN BOARDS Members shall have the use of designated bulletin board space in each facility owned or rented by the ESD. E. SCHOOL BOARD MEETINGS The Association will have the opportunity to suggest items for the agenda and to speak on those items. The Board will consider such items for placement on the agenda so long as those matters are made known to the Superintendent's office no later than five working days prior to the scheduled date of the meeting. F. RELEASED TIME A member engaged during the school day in negotiating on behalf of the Association or participating in any grievance meeting with any representative of the ESD shall be released from their regular duties without loss of salary if the ESD agrees to schedule a negotiation session or grievance meeting during the workday. Whenever possible, the ESD will schedule meetings minimizing the impact on students and staff. G. MAIL FACILITIES AND MAILBOXES The president and representatives of the Association may use the ESD mail service and mailboxes for communications of a routine nature. Such communications shall not, as determined by the administrator in charge of the building or department in question, disrupt the educational process, cause unlawful activities, or interfere with the authority of the ESD or administration. The administrator may require that particular notice or communications not be available to students, the public, or employees of the ESD who are not in the bargaining unit. The Association shall hold the ESD harmless and shall defend the ESD against all charges and complaints arising out of the Association's use of ESD mail services and mailboxes. H. BOARD MEETING PACKET A copy of the Board meeting packet, including revisions, exclusive of confidential materials, shall be made available to the Association president the same day the materials are made available to the Board. Included will be information regarding any proposal to act on new or revised policies affecting members in the unit. 9

The Association President shall receive notice that the board agenda is complete and posted on the website. I. ASSOCIATION BUSINESS The ESD agrees to release the Association President from regular duties without loss of salary for the equivalent of two (2) days per month on a schedule that is mutually agreeable to the ESD and the Association. Upon request of the Association, other Association Officers may be granted access to this leave, with the approval of the ESD. The ESD's approval shall not be unreasonably withheld. The cost of a substitute will be shared by the Association and the ESD. This release time shall be for the purpose of contract administration and maintenance, including handling grievances and negotiations related duties. The ESD will provide a convenient office space, phone accessibility, and mail pickup and delivery during scheduled office hours for the Association President. The ESD will provide office space in either the Washington Service Center or the President's closest service center with a phone and mail pickup and delivery during scheduled office hours. J. ACCESS TO MEMBERS

1. New Employee Orientation: a. In the event the ESD holds one or more "New Employee Orientation" (NEO) meetings for newly hired bargaining unit staff, the Association will be provided the opportunity to meet with all such new staff for at least one (1) hour at a mutually agreed-upon time during the NEO meeting. This Association meeting will be free from attendance of ESD administrators, supervisors, and other staff, unless explicitly invited by the Association. The agenda for this portion of new employee orientation is determined by the Association. Newly employed staff and the Association representatives will be in paid status during this and all other parts of the NEO meeting. b. In the event staff is hired for whom no NEO meeting is held within ten (10) working days of hire, or, for staff unable to attend a scheduled NEO, the Association shall have the right to meet with every new bargaining unit staff member for one hour within ten (10) working days after the new staff member's first day of work. The meeting will be held without loss of pay or benefits to either the Association representative or the newly hired staff member. Whenever possible, the Association will schedule meetings minimizing the impact on students and staff.
2. Visits with Bargaining Unit Members: The Association shall have the right to meet with bargaining unit members during regular work hours at the bargaining unit member's worksite to address grievances, complaints, and matters related to employment relations. Whenever possible, the Association will schedule meetings minimizing the impact on students and staff.

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3. Building Meetings: In addition to any Association time provided at staff meetings, the Association shall have the right to conduct worksite meetings before or after regular work hours, during meal periods, and during any other break periods. The Association shall have the right to select the time and place of meetings, provided that the meeting does not hinder ESD operations. This building meeting will be free from attendance of ESD administrators, supervisors and other staff who are members of other employee groups of the ESD, unless invited explicitly by the Association. The agenda for the building meeting is determined by the Association. ARTICLE 6: WORKING CONDITIONS A. LABOR MANAGEMENT COMMITTEE Representatives of NWEA and the ESD Administration shall form a joint Labor/Management Committee to encourage labor-management cooperation. The Committee will meet regularly to create opportunities for resolving problems identified by either side, and to provide a forum for communication, to track and timely resolve issues, gather and exchange relevant information, research concerns, engage in joint problem-solving, and to accept responsibility for follow through. The committee shall be formed no later than September 30 annually, with each party appointing an equal number of members. The Committee shall meet twice monthly at a mutually agreed upon time. Agenda items shall be identified in advance of the meeting for the purpose of planning and to aid in early response to concerns. The Committee may invite representatives from either side to attend the regularly scheduled meeting when they have relevant information related to an item on the agenda for the purpose of furthering understanding and problem-solving. The Labor/Management Committee may elect to form an Ad Hoc Committee, limited to a specific topic, for further research, discovery, and problem solving related to a concern. The Ad Hoc Committee shall bring their findings and suggestions back to the Labor Management Team. B. PLANNING AND PREPARATION TIME
4. Preparation (prep) time is defined as educator-directed time used for preparation for instruction, case management, parent communication, or similar purposes. Travel time will not be included as designated prep time. The member and the Department Director shall determine and schedule the amount of time necessary for prep time. The ESD will annually review with all Administrators the contractual requirements associated with prep time. The Labor/Management committee will include prep time as an agenda item at least two times per school year for review of any concerns raised by members.
5. Members, either individually for those with unique assignments, or in groups of members with like assignments, will meet with the direct supervisor to establish appropriate preparation time. The meetings will take place by the end of September of each year and also after a schedule change or reassignment. The administration will initiate and schedule the meetings required in this paragraph. Any member who is not able to resolve to their satisfaction the scheduling of preparation time may appeal the matter to the Chief Human 11

Resources Officer, who will meet with the supervisor and employee to hear and resolve the matter.

3. A full-time member will have a minimum of 300 minutes per five-day week of prep time during the regular eight-hour day. Prep time shall be scheduled in blocks of at least thirty (30) minutes. Blocks for part-time members shall not be pro-rated. For staff who work in ECSE and teach classes at early childhood centers, reasonable efforts will be made to not include the 15 minutes before a class begins and 15 minutes after a class ends as prep/planning time because of duty assignments related to the supervision of and assistance with students who are arriving/departing via parent or bus transportation. For staff who teach classes in SEL Schools, reasonable efforts will be made to not include the first 15 minutes of the educator work day or the 15 minutes after the student instructional day as prep/planning time because of duty assignments related to the supervision of and assistance with students who are arriving/departing via parent or bus transportation.
4. Scheduled preparation time will, except in unusual or emergency situations, not be scheduled by the supervisor for meetings or other duties, except with the member's agreement. A member may make a request to the supervisor for release time or other assistance if the member feels that IEP/IFSP preparation or required meetings are unreasonably infringing on preparation time or causing excessive meetings outside the workday. If the above is unsuccessful, staff who need support to complete IEP/IFSP or other paperwork may request up to the equivalent of two (2) additional paperwork reduction days per year paid at their regular rate. Approval of the above shall not be unreasonably withheld. Notwithstanding the above limitation, additional paperwork reduction days may be granted where appropriate.
5. If a member believes that the workload assigned is unreasonable or unmanageable, or cannot be accomplished during the work day, the member may request a meeting with the supervisor to try to resolve the issue. If resolution is not reached through this meeting, the member may request a meeting with the Chief Human Resources Officer. The member has the right to Association representation for these meetings.
6. If a member is asked to teach a class for an absent member, they will be additionally compensated for time spent teaching the class at the hourly substitute rate. In the event a member is on an extended leave, reasonable efforts will be made to get a long term substitute for the position. When a member is asked to substitute for a colleague's class for two weeks or greater, then the member will be additionally paid for actual time spent teaching the class at the long-term hourly substitute rate. The rate of pay for the long term substitute assignment will begin on the first day of the long term assignment.
7. In the event the absence of a member results in the distribution of the absent member's students or caseload, the member receiving the additional workload shall meet with their supervisor and discuss possible solutions.

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C. WORK YEAR

1. The normal contract year for the 2023-24 school year shall consist of 190 days, including seven (7) paid holidays (Labor Day, Veterans Day, Thanksgiving, Christmas, New Year's Day, Martin Luther King, Jr. Day, and Memorial Day). Members who are assigned to work before and after Juneteenth will receive Juneteenth as an additional paid holiday. Depending on ESD needs, positions may be created for fewer or more days per year, with salary determined on a pro-rata basis. An employee is not guaranteed the same number of contractual work days from one year to the next. Beginning July 1, 2024 the contract year shall consist of 192 days, including seven (7) paid holidays (Labor Day, Veterans Day, Thanksgiving, Christmas, New Year's Day, Martin Luther King, Jr. Day, and Memorial Day). Members who are assigned to work before and after Juneteenth will also receive Juneteenth as an additional paid holiday. Two (2) days of the work year will be designated as educated directed work days. Educator directed work days are individual and team planning and collaboration days. Administrators will not schedule meetings on these days. Depending on ESD needs, positions may be created for fewer or more days per year, with salary determined on a pro-rata basis. An employee is not guaranteed the same number of contractual work days from one year to the next.
2. The salary schedules in Appendix A for the 2023-2024 work year are based on a 190 day work year, a 210 day work year, and a 220 day work year. The salary schedules in Appendix A for the 2024-2025 and 2025-2026 work years are based on a 192 day work year, a 210 day work year, and a 220 day work year.
3. In the event that a constituent district to which a member is assigned is not open for, or reduces its calendar below 185 contract days, the number of contract days of any member assigned to the constituent district may be reduced by the same number of days the constituent district reduces its calendar below 185 contract days. Compensation will be prorated accordingly. This article does not affect the ESD's right to lay off members. In the event that the number of contract days for a member is reduced by more than thirty (30) days pursuant to this provision, effective on the thirty-first (31st) day, the member shall come under the provisions of the Article on layoff. Whenever possible, a member whose days are reduced by a constituent district's schedule shall be temporarily assigned to a vacant position or program in which there is a need to have work performed.
4. If the ESD intends to implement a work year for a program which departs significantly from the traditional work year, it will notify the Association in advance and will engage in negotiations as required by law with the Association about the decision and the impact on the decision.
5. Variations in individual schedules shall be determined by the supervisor in conjunction with the member. Except for unavoidable emergency situations when conflicts exist between required meetings of local school districts and ESD meetings, the component school district's meeting will take precedence.
6. Members shall not report to work nor shall members suffer any loss of pay on days when the employees of the school district(s) to which the member is assigned on that day are not 13

required to report to work due to inclement weather or emergencies. Itinerant staff serving multiple school districts will contact their supervisor and collaborate on the most reasonable location to report to work if emergency closures occur at the site(s) scheduled for the day. The ESD may arrange for an alternate work location to which the affected employee may be required to report. The ESD shall have the right to require members to make up the time lost without additional pay as long as the total days worked does not exceed the member's maximum work year days. In the event a school building or the school district to which a member is assigned is closed after the start of the school day, the member shall remain at the workplace until released by an authorized officer of either the component district or the ESD.

7. The ESD recognizes its obligations to maintain a safe and healthy work environment. When a member believes they have been instructed to perform work under hazardous conditions, they shall have the right to discuss their concerns with their supervisor. After such meeting, if the member still believes conditions are hazardous, they shall immediately notify the Department Director of the hazardous condition. The Department Director will make a determination regarding the member's concern and may refer the matter to the safety committee in the County where the condition exists for review and follow-up. A member may, at any time, bring safety concerns to the safety committee in the County where the condition exists.
8. This Agreement does not guarantee staffing levels. However, the ESD will ensure that class sizes and caseloads are as equitable as possible, prioritizing student safety. D. WORKDAY
9. The regular workday shall be eight (8) hours, including a 30-minute duty-free lunch.
10. Time outside the regular eight-hour day necessary for meetings or other scheduled professional obligations shall be kept to a minimum.
11. Members may not be required to participate in more than two (2) evening events per year beyond their scheduled work day. If a component district requests a member's presence at an event that exceeds the maximum of two events, the Human Resources Office must approve the request. If the component district schedule does not adjust for the evening time, the extended duty shall be compensated at the employee's hourly rate.
12. Staff meetings which extend beyond the regular eight-hour day will be kept to a minimum, and may not go beyond 5 pm. No member will be required to attend such staff meetings beyond the workday for more than 2 hours per month. Members will be given at least a one week notice of staff meetings, unless called in response to an emergency.
13. On grading days when the host district allows their employees to work on grades at home, ESD members shall also be allowed to complete their grades at home.

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E. SUBCONTRACTED EMPLOYEES The ESD's Chief Human Resources Officer shall inform any subcontracted employees that their employment is temporary as described by statute and by the negotiated contract. At the end of 90 workdays, the contracted employee will be offered continued employment as a bargaining unit member. Any contract beyond the 90 day limit shall be considered month to month while the ESD pursues a member for the position. F. OUTDOOR SCIENCE SCHOOL

1. Work Year: The work year for Site Supervisors shall be determined by the District with salary determined on a pro-rata basis.

2. On-Site Schedule: Expected weeks on site will be determined by the District at the beginning of the school year. The schedule shall be announced to Site Supervisors by August 20 (Fall schedule) and February 1 (Spring schedule) of each year. Overnight programming at any given site will not exceed 19 weeks per year. Additional weeks may be arranged by mutual agreement between the District and the Association.

3. Job Descriptions: Prior to adopting any updates to the Site Supervisor job description, the District will seek input from current Site Supervisors.

4. Licensure: For TSPC licensed Site Supervisors, the District will cooperate with such employees in processing Professional Development Units for the purpose of maintaining their license.

5. Overnight Stipends: Site Supervisors who participate in educational programs that require an overnight stay shall receive an overnight stipend of $125.00 per night spent on site.

6. Optional Weekend Lodging: Site Supervisors may stay on-site over the weekend during the on-site programming seasons subject to availability at the site hosting programming and at no cost to the District. Site Supervisors staying over the weekend will do so of their own accord and not at the direction of the District. Site Supervisors staying on-site over the weekend shall not be eligible for the overnight stipend. The District shall not be responsible for arranging such lodging, and such time is not considered work time, and is not covered by this Agreement.

7. Seniority: For the purposes of this agreement, "seniority" shall be defined as a member's length of service as a bargaining unit employee with the District or any of its predecessors inclusive of approved leaves of absence.

8. Salary: Site Supervisors shall be placed on the salary schedule found in Appendix A of the CBA based on their years of experience as a Site Supervisor and/or Teacher. They shall be eligible for step movement from year to year on the same basis as all other bargaining unit employees. 15

9. FTE: The FTE for Site Supervisors shall be determined by adding the scheduled hours worked by Site Supervisors during the year divided by 1,520. Hours compensated by an overnight stay stipend will not be included in the calculation. ARTICLE 7: PERSONNEL FILES A. Each member shall have the right, upon request, to review the contents of their own personnel file exclusive of materials received prior to the date of their employment by the ESD. Upon request, the member shall within ten (10) working days be given a copy of any documents contained in the personnel file. One representative of the Association may, at the member's request, accompany the member in their review. Each member's personnel file subject to review shall contain the following minimum items of information:

10. All member evaluation reports.

11. Copy of the member's license.

12. Transcript of academic records where issued.

13. ESD recommendation for contract status. B. No evaluation, complaint, or written record of disciplinary action shall be placed in the file until the member has had the opportunity to review such materials and affix their signature to the copy to be filed. Such signature in no way indicates agreement with the contents thereof. The member may respond to any item placed in the member's personnel file and the response shall become a part of that file. ARTICLE 8: PAID LEAVES A. SICK LEAVE

14. Accrual In accordance with ORS 332.507, each member shall be allowed ten (10) sick leave days at full pay during the school year, or one day per month, whichever is greater. Paid sick leave days will be credited to members employed or on paid status only part of the school year on a prorated basis; the value of sick leave used in excess of entitlement shall be deducted from the member's paycheck. On or before November 1 of each new school year, each employee shall receive a statement of accumulated sick leave days. Any individual who leaves employment with the ESD having used more sick leave than was actually earned as of the date the employee left employment shall have the value of the used but unearned sick leave withheld from their final paycheck.

15. Carry Forward Pursuant to ORS 332.507, a member who has completed thirty (30) days of service with the ESD and who has accumulated sick leave during employment in another Oregon school district shall, 16

upon proper verification, be credited with the number of sick leave days so accumulated by the previous employing school district.

3. Use a. Accrued sick leave can be used to maintain the member's salary during periods of personal illness, or the illness of a child under 18 living in the member's home. After 5 consecutive days of personal illness, the employee will be required to obtain a doctor's release to return to work. b. A member's accrued sick leave may also be used under Family Medical Leave Act/Oregon Family Leave Act (FMLA/OFLA) for: Sick Child, Illness in Family, Parental Leave, Bereavement Leave, Military Exigency, and other leaves as defined in ORS 659A.270 - 659A.285. c. Under ORS 653.601-661, "Sick Time", a member may use 40 total hours of their accrued personal Sick Leave to care for a sick family member(s) before being required to complete FMLA/OFLA application. Members will be required to complete FMLA/OFLA paperwork for the determination of eligibility to use leave for these purposes in excess of a total of 40 hours for all use related to any "family member(s)". d. "Family member" is defined as the employee's: i. Spouse or domestic partner ii. Parent, Parent-in-law, or parent of employee's domestic partner iii. Child, step-child, or child of employee's domestic partner iv. A person with whom the employee is or has been *in loco parentis to; or was previously in loco parentis of v. Grandparent or grandchild of the employee
   • "In loco parentis" means the place of a parent, having financial or day to day responsibility for the care of a child. A legal or biological relationship is not required. B. BEREAVEMENT
   • <
   • Each member shall be granted up to five (5) paid days leave of absence per occurrence, non-accumulative, in the event of the death of: a. member's spouse/domestic partner b. the member's or member's spouse's/domestic partner's parents c. child or grandchild of the member or member's spouse/domestic partner, including the loss of a pregnancy d. grandparents of the member or member's spouse/domestic partner 17

   • e. brothers or sisters of the member or member's spouse/domestic partner f. a person regularly residing in the member's residence g. any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship.

     2. An employee may qualify for ten (10) days bereavement leave under Oregon Family Leave Act. Eligibility determination is made by OFLA application. If an employee qualifies for bereavement leave under OFLA, the 10 days of leave will run concurrently to include the 5 paid leave days described in 1, above. a. "Family member" is defined in statute as the employee's: i. Spouse or domestic partner ii. Parent, Parent-in-law, or parent of employee's domestic partner iii. Child, step-child, or child of employee's domestic partner iv. A person with whom the employee is or has been *in loco parentis to; or was previously in loco parentis of v. grandparent or grandchild of the employee b. The leave is limited to 10 days total per occurrence. Bereavement leave will count toward the total amount of OFLA eligible leave. If the member qualifies for bereavement under OFLA, the member may use accrued sick leave for the five (5) days not covered under part 1 above. C. COMPASSION LEAVE Each member who experiences the loss of a student they are currently serving will be granted one (1) day of Compassion Leave with pay per occurrence. The ESD reserves the right to deny or reschedule requests in order to ensure sufficient staffing and supervision of children in our care. D. INJURY ON DUTY Employees will suffer no loss in pay or benefits as a result of workplace illnesses and injuries, including the first three (3) days of absence not compensated by Workers' Compensation payments. If a Worker's Compensation claim is denied, the ESD may deduct the first three (3) days of absence from the employee's sick leave or deduct from the pay if the employee has exhausted all paid leaves. After three (3) days, sick leave may be drawn on a pro-rata basis and added to the Worker's Compensation benefits for an approved claim. The combined pay shall not exceed the employee's regular salary.

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     E. LEGAL

     1. A member shall be granted leave with pay for service as a juror but the compensation paid to such member for the period of the leave shall be reduced by the amount of the compensation received by the member for such jury service; upon being excused from jury service during any day before 1:00 p.m., the member shall immediately return to complete their assignment for the remainder of their regular workday. This provision shall also apply to service as a witness in response to a subpoena however; it does not apply when a member is involved as a litigant for personal reasons.

     2. Court appearance leave shall not be provided in any instance where the member is a plaintiff or a witness for a plaintiff in any judicial, quasi-judicial, or administrative hearing wherein the ESD, the ESD's Board members, or the ESD's administrators or other agents, including insurers and the Workers' Compensation carrier, are named as defendants.

     3. Fees received for service as a witness or juror on workdays are to be paid to the ESD, but mileage and/or expense moneys received are to be retained by the employee. F. PERSONAL/EMERGENCY

     4. Each member shall be granted up to three (3) days per year, total, leave of absence, non- accumulative, for personal matters that require absence during school hours. Personal leave shall be provided for all bargaining unit members at their prorated amount according to their full-time equivalency (FTE). These days are accessible at the beginning of the year.

     5. Notice to the member's supervisor shall be given at least one (1) day in advance, except in the case of emergency. Except in emergency situations, personal leave may not be used on the following days: a. To extend winter break (the day before or after) b. To extend spring break (the day before or after) c. To extend paid holidays in this contract d. The first day of school e. The last day of school f. The first or last student contact day of the school year For extenuating circumstances, exceptions to the exclusion of the use of personal leave on the days listed above will be considered by labor/management. Personal leave (but not emergency leave) use shall be contingent upon approval from the employee's supervisor before leave is taken. The employee will not be asked to provide a reason for the use of personal leave, but only that the leave is not being used on one of the prohibited days described above. 19

     6. Personal leave must be used in blocks of full or half days if a substitute is required. Additional days of paid leave may be approved by the Superintendent or designee in case of an emergency and submission of supporting documentation.

     7. At the end of each school year, all bargaining members shall have the option of pay for unused personal leave. The rate of pay shall be the current substitute rate for a full day and will be included in the final paycheck for the calendar school year. G. MILITARY

     8. Annual Active Duty Training An employee serving as a member of the National Guard or any reserve component of the armed forces of the United States will be granted leave with pay for active duty required in fulfillment of military obligations, upon application, for a period not exceeding fifteen (15) calendar days (a maximum of 11 workdays) in one (1) calendar year, except that they must have been serving in public employment within the state for a period of six (6) months preceding their application to receive regular pay for their period of leave.

     9. Long-term unpaid military leave shall be provided as required by state and federal law. ARTICLE 9: UNPAID LEAVES OF ABSENCE A. GENERAL

     10. Members who wish to take an unpaid leave of absence shall submit a written application to the Human Resources Office. The application form shall be available on the ESD staff portal. The leave request shall be granted for up to one year. Any additional year(s) may be granted in the discretion of the ESD. Application shall normally be submitted to the Human Resources Office by the end of March for a planned, non-medical leave in the subsequent school year. Exceptions to this requirement shall be considered, and approval of late submissions shall not be unreasonably denied.

     11. The member will receive written confirmation of leave within two (2) weeks of the submission of the application. Human Resources shall provide information to the member regarding the availability of benefits, if any, impact on seniority, job assignment, and procedures for return from leave.

     12. An unpaid leave of absence shall be granted for the following reasons: participation in federal or international programs (i.e., Peace Corps, teacher/job corps), military leave, professional study, governmental service/professional leadership (i.e., elective or appointive positions within government or professional organizations.). An unpaid leave of absence may be granted for the following reasons: personal, family, or medical (under OFLA or FMLA criteria).

     13. The member shall specify the date of