WEA Master Contract

5/9/07 – supplementals revised
1/12/07



 


 


 
I	RECOGNITION	1
1.01	Statement of Recognition	1
1.02	Definition of Bargaining Unit	1
1.03	Nursing Services	2
1.04	Non-Discrimination	2
1.05	Representation Election Procedures	2
II	NEGOTIATIONS PROCEDURE	2
2.01	Request for Negotiations	2
2.02	Exchange of Proposals	2
2.03	Composition of the Negotiating Team	2
2.04	Exchange of Information and Views	2
2.05	Request for Assistance	2
2.06	Negotiations Period	3
2.07	Agreement	3
2.08	Disagreement	3
III	GRIEVANCE PROCEDURE	3
3.01	Definitions	3
3.02	Rights of the Grievant and the Association	4
3.03	Time Limits	4
3.04	Grievance Procedure	5
3.05	Miscellaneous	6
3.06	Exclusivity of the Grievance Procedure	6
IV	RIGHTS	6
4.01	Board of Education Rights	6
4.02	Association Rights	7
4.03	Release Time	7
4.04	Payroll Deduction of Dues	8
4.05	Service Fee	8
4.06	Occupational Safety and Health	8
V	LEAVES OF ABSENCE	10
5.01	Sick Leave	10
5.02	Sick Leave Bank	10
5.03	Personal Leave	11
5.04	Emergency Leave	12
5.05	Association Leave	12
5.06	Sabbatical Leave	12
5.07	Parental Leave	13
5.08	Professional Leave	14
5.09	Medical Leave	14
5.10	Assault Leave	15
5.11	Leave of Absence Without Pay or Benefits	15
5.12	Leave of Absence Under Family Medical Leave Act	16
5.13	Military Leave	16
5.14	Jury Duty Leave	16
VI	EMPLOYMENT PROCEDURES	17
6.01	Teacher Assignment	17
6.02	Temporary Certification/Licensure	17
6.03	Transfers	18
6.04	Employment of Retired Teachers	22
6.05	Certificated/Licensed Vacancies	22
6.06	Contracts of Employment	24
6.07	Evaluation	24
6.08	Reduction in Staff Procedure	26
6.09	Length of School Year/School Day	29
6.10	Personnel Files	31
6.11	Substitutes	32
6.12	Labor/Management Committee	32
6.13	 Noon Aides	32
6.14	Teacher Tentative Assignment List	32
6.15	Continuing Contract Requests	32
6.16	Mentor/Entry Year Program	32
6.17	Job Security	35
6.18	Class Size	36
6.19	Class Load	37
6.20	Implementation - Student Enrollment	38
6.21	Bureau of Criminal Identification and Investigation (BCII)	38
6.22	Shared Decision Making	38
6.23	Petty Cash	39
6.24	Local Professional Development Committee	40
6.25	Provision of a Free Appropriate Public Education For Disabled Students
	41
6.26	Newly Hired Teachers	42
6.27	Textbooks	43
6.28	Elementary and Secondary Education Act	43
6.29	Workplace Injuries/Worker’s Compensation/ Return to Work	44
6.30	Drug and Alcohol Program	44
VII	FRINGE BENEFITS	45
7.01	Insurances	45
7.02	Severance Pay	49
7.03	Non-Resident Student Attendance	49
7.04	Early Retirement Incentive	49
7.05	Severance Pay Deferral Plan	50
VIII	SALARY TABLES	52
8.01	Salary Information	52
8.02	 Salary Table - Teachers, School Nurses, Effective June 2007	53
8.03 	Salary Table - Teachers, School Nurses, Effective June 2008	54
8.04 a.	Salary Table - Teachers, School Nurses, Effective June 2009	55
8.04 b.	Salary Table - Teachers, School Nurses, Effective June 2009	56
8.04 c.	Salary Table - Teachers, School Nurses, Effective June 2009	57
8.05	Horizontal Movement on the Salary Schedule	58
8.06	Salary Table B - Teachers with Additional Duties	58
8.07	STRS Pickup (Salary Reduction/Restatement)	62
8.08	Authorized Payroll Deductions	63
8.09	Special Education, Speech and Hearing Therapy and Home-School 
Coordinator Stipend (Visiting Teacher Certification)	63
8.10	Payroll Procedures	63
8.11	Tuition Reimbursement	64
8.12	School Psychologists	64
8.12 b.	School Psychologists – 2007-08	65
8.12 c.	School Psychologists – 2008-09	66
8.12 d.	School Psychologists – 2009-10	67
8.12 e.	School Psychologists – 2009-10	68
8.12 f.	School Psychologists – 2009-10	69
8.13	Experience Credit	70
8.14	Mileage	70
IX	EFFECTS	70
9.01	Equal Opportunity	70
9.02	Maintenance of Standards:	70
9.03	Conflict with Law	70
9.04	Waiver of Negotiations During the Term of Agreement	70
9.05	Entire Agreement Clause	70
9.06	Agreement in Writing	70
9.07	Duration of Contract	71
Signature Page	71
A	Grievance Report Form - Step I	72
B	Grievance Report Form - Step II	73
C	Grievance Report Form - Step III	74
D	Request For Arbitration - Step IV	75
E	Employee Absence Request	76
F	Assault Leave Form	77
G	Application to Use Days from the Sick Leave Bank	78
H	Continuing Contract Request Form	79
H	Qualifications for Continuing Contract	80
I	Transfer Request Form	81
J	SuperMed Plus	82



 
ARTICLE I	RECOGNITION

1.01	Statement of Recognition: The Warren Board of Education, hereinafter 
referred to as the "Board" or the "Employer," recognizes the Warren Education 
Association, hereinafter referred to as the "Association," as the sole and 
exclusive employee representative for all employees (teachers) in the 
bargaining unit.

1.02	Definition of Bargaining Unit

	1.021	Inclusions:  The bargaining unit, hereinafter referred to 
as "teachers," shall include (each of the following categories includes also 
personnel in State and Federal programs):  classroom teachers, guidance 
counselors, librarians, home school coordinators, visiting teachers, 
vocational teachers, nurses (except as provided in Section 1.03 of the 
Agreement), psychologists, teachers on special assignment, speech and hearing 
therapists, teaching specialists, and auxiliary services personnel, whether 
under contract, on leave, employed or to be employed by the Board.  A teacher 
will be deemed to be employed on a full-time basis if the teacher is utilized 
by the Board on a schedule of fifty percent (50%) or more of the regular 
teaching schedule. The unit includes all personnel assigned to newly created 
certified/licensed classroom teaching positions.

	1.022	Teacher(s) Awaiting PRAXIS I and/or PRAXIS II Results:  This 
Section shall be exclusively limited to an individual(s) whom the Board deems 
to be employed as a teacher in the category of “teacher awaiting 
certification/licensure” in any of the positions identified in Section 1.021 
of the Agreement who is awaiting his/her successful completion of PRAXIS I 
and/or PRAXIS II.  The Board shall designate an individual as a “teacher 
awaiting certification/licensure” at the time of hire.  The Board and the 
Association agree the employment of a “teacher awaiting 
certification/licensure” under the provisions contained in this Section shall 
not be construed as subcontracting of bargaining unit work. Furthermore, 
nothing contained in this Section shall affect the employment of substitute 
teachers by the Board, nor bestow any right or benefit contained in this 
Agreement upon any individual not covered by this Section who is now, or may 
in the future be employed as a casual or long term substitute.

	a.	A “teacher awaiting certification/licensure” shall be 
employed by the Board under a substitute certificate/license at substitute 
pay and benefits for a period not to extend beyond the completion of the 
academic school year in which they are initially employed by the Board.

	b.	A teacher covered under this Section is strongly encouraged 
by the Board and the Association to avail themselves of every opportunity to 
take PRAXIS I and/or PRAXIS II, until he/she has successfully completed the 
requirement. A “teacher awaiting certification/licensure” who obtains his/her 
certificate/license during the school year will become a teacher, and will be 
eligible for all benefits, and governed by all provisions of this Agreement, 
upon presenting his/her certificate/license to the Treasurer. Insurance 
benefits will begin the first calendar day of the subsequent month.  If the 
certificate/license is presented to the Treasurer prior to April 1, and if 
the “teacher awaiting certification/licensure” has taken the necessary test
(s) needed to obtain his/her certificate/license on each opportunity the test
(s) was given since the “teacher awaiting certification/licensure” was hired 
by the district, then he/she shall be awarded the difference in salary 
between what would have been paid as a teacher and what was paid as 
a “teacher awaiting certification/licensure”, retroactive to the first day of 
the school year.

	c.	A “teacher awaiting certification/licensure” who takes PRAXIS 
I and/or PRAXIS II during the month of March must request and pay for the 
option of receiving expedited test results.

	d.	A “teacher awaiting certification/licensure” who fails to 
provide the Board with evidence of obtaining a certificate/license by April 1 
will be automatically non-renewed on the last day of the school year.  If 
such “teacher awaiting certification/licensure” subsequently obtains his/her 
certificate/ license, he/she may apply for and be considered for an open 
position on the same basis as other applicants.  This provision supercedes 
Ohio Revised Code § 3319.08, 3319.11, and 3319.111 and any inconsistent 
provisions of this Agreement or of Ohio Revised Code.

	e.	A “teacher awaiting certification/licensure”, except as 
provided in Section 1.022 of the Agreement, shall not be eligible for any 
other rights or benefits contained within the Agreement.

	f.	A teacher in the category of “teacher awaiting 
certification/licensure” shall not pay dues to the Association until he/she 
presents his/her certificate/license to the Treasurer per Section 1.022 b. of 
the Agreement.

1.023	Exclusions:  The Superintendent, Associate Superintendent, all 
administrative Executive Directors, directors, principals, assistant 
principals, supervisors, administrative coordinators, substitutes, and other 
persons engaged fifty percent (50%) of the time in the direct administration 
and supervision of professional personnel are excluded from the unit.

1.03	Nursing Services

	1.031	Employment of Nurses:  

	a.	The Board shall employ at least one (1) full time School 
Nurse with bargaining unit status.  In order to meet any additional needs of 
the district, the Board shall be permitted to contract outside the district 
for nursing services.  The Board has sole discretion to determine the 
district’s need for additional nursing services. Registered nurses must be 
utilized to provide the needed services, but they shall not hold bargaining 
unit status.

	b.	Should an outside source(s) be unable to accommodate the 
district, at least one (1) additional full-time School Nurse with bargaining 
unit status shall be employed.

	c.	The subcontracting of additional nursing services by the 
district shall not constitute a precedent or practice on the part of the 
Board or the Association, nor shall it be used to reduce or supplant any 
other bargaining unit positions.

1.04	Non-Discrimination:  The Association shall admit 
certificated/licensed personnel to membership without discrimination on the 
basis of race, creed, color, national origin, sex, or marital status.

1.05	Representation Election Procedures:  Representation election 
procedures shall be as per the Ohio Revised Code 4117. 


ARTICLE II	NEGOTIATIONS PROCEDURE

2.01	Request for Negotiations:  A meeting for the purpose of beginning 
negotiations shall be called between February 1 and February 15 upon the 
written request of the Association or the Board filed prior to February 1 of 
the year in which this Contract expires. Requests from the Association should 
be made to the Superintendent. Requests from the Board should be made to the 
President of the Association.

2.02	Exchange of Proposals:  Proposals shall be exchanged by the parties 
at the first meeting and shall in form and detail specify that to which 
agreement is sought in terms acceptable to the proponent without 
clarification or supplementation. Thereafter, new proposals may not be 
submitted unless mutually agreed upon.  Topical listings, or so-
called "laundry lists," shall constitute a failure to comply with this 
paragraph and shall be disregarded.

2.03	Composition of the Negotiating Team:  The parties, each in their sole 
discretion, shall select negotiating teams.  Each team shall not exceed ten 
(10) members.  Each team shall select a chief spokesperson who shall be in 
attendance at each negotiation session unless otherwise agreed to by the 
parties.

2.04	Exchange of Information and Views:  The parties agree to furnish each 
other, upon written request and in reasonable time, available information 
concerning matters being negotiated.  Access to available information in such 
form as it may exist constitutes compliance with this provision, and neither 
party is obligated to develop data or information not in existence or to re-
word, re-draft, summarize, compute, or otherwise develop data or information 
in other than its existing form.

2.05	Request for Assistance:  All participants have the right to utilize 
the services of lay or professional consultants.

2.06	Negotiations Period:  The negotiations period shall be forty-five 
(45) calendar days or as mutually agreed to by the two (2) parties, 
commencing with the first meeting held in accordance with Article II, Section 
2.01 above.

2.07	Agreement:  When agreement is reached, it shall be reduced to writing 
and, when ratified by the teachers and when approved by the Board, shall 
become a part of the official minutes of the Board.  When necessary, 
provisions in the Contract shall be reflected in individual contracts.  
Neither the present Contract nor any agreement reached pursuant to this 
Article shall discriminate against any member of the bargaining unit 
regardless of membership or non-membership in the Association.

2.08	Disagreement

	2.081	Board of Education:  When the representatives of the 
bargaining agent and the Superintendent cannot reach agreement, they shall 
present their separate reports to the Board. The representatives of the 
Association may appeal to the Board at a regular or special meeting.

2.082	Mediation – Factfinding:  In the event that agreement is not reached 
in thirty-five (35) days from the first bargaining session on a matter or 
matters being negotiated, either party may request that the Federal Mediation 
and Conciliation Service provide a mediator to facilitate bargaining. The 
assistance of the mediator shall begin on or after April 1 and shall conclude 
on April 30, although the mediator retains jurisdiction to call such meetings 
as she/he deems appropriate after the Factfinding procedure.

		Unless final agreement is reached by April 30, the parties 
shall present all unresolved issues to a Factfinder.  The parties may either 
obtain a list of nine (9) neutrals who can serve in the capacity of a 
Factfinder from the American Arbitration Association (AAA), or they may 
jointly agree upon another neutral to serve as Factfinder.  If an AAA list is 
used, the alternate strike method shall be used to select from the list of 
potential Factfinders after a coin flip or other method to determine who 
shall strike first.  The Association and the Board shall initiate efforts to 
determine the identity of a suitable Factfinder by March 1.  The appointed 
neutral shall, on May 1, assume the role of Factfinder.  The Factfinder shall 
have the authority to hold such meetings as he/she deems appropriate and 
shall submit advisory recommendations on all unresolved issues to the parties 
between May 17 and May 21. The parties shall have ten (10) work days from 
receipt of the Factfinder’s report within which to accept or reject the 
Factfinder’s recommendations. Failure of either party to reject the 
recommendations by a three-fifths (3/5) vote of the total membership within 
those ten (10) work days shall be deemed acceptance of the Factfinder’s 
recommendations.  If neither party rejects the recommendations, the 
recommendations shall be deemed agreed upon as the final resolution of the 
issues submitted and the Agreement shall be modified to reflect the 
Factfinder’s recommendations.  If either party rejects the Factfinder’s 
recommendations in accordance with this provision, the Factfinder’s report 
may be made public by either party.

	2.083	Cost of Mediation – Factfinding:  The cost of mediation 
and/or Factfinding, if any, shall be shared equally by the Board and the 
Association.


ARTICLE III	GRIEVANCE PROCEDURE

3.01	Definitions

	3.011	"Association" shall mean the Warren Education Association.

	3.012	"Administration" shall mean the Superintendent, Associate 
Superintendent, Executive Directors, directors, supervisors, coordinators, 
building principals, and assistant principals.

	3.013	"Board of Education" and "Board" shall mean the Warren City 
Board of Education.

	3.014	"Days" shall mean actual working school days, or during the 
summer recess, days when the Central Office Administration building is open 
for business.

	3.015	"Grievance" shall mean a claim by a teacher(s) that there has 
been a violation, misinterpretation, or misapplication of the language of the 
Contract between the Association and the Board.

	3.016	"Grievant" shall mean a teacher(s) and his/her representative 
(which is the Association) initiating a claim as defined in Section 3.015.  
(Where more than one person is a grievant, each shall sign the grievance.)

	3.017	"Immediate Supervisor" for the purposes of the grievance 
procedure, shall mean the lowest level administrator having the authority to 
resolve the grievance.

	3.018	"Teacher" shall mean a member of the bargaining unit 
described in Article I, Section 1.02, of this Contract.

3.02	Rights of the Grievant and the Association

	3.021	A grievant shall be accompanied at all times and at all 
formal steps of the grievance procedure by a representative of the 
Association.

	3.022	The purpose of these procedures is to secure, at the lowest 
level administrator having authority to resolve the grievance, equitable 
solutions to grievances.  All parties agree that grievances will be kept as 
confidential as is appropriate and processed as expeditiously as possible.

	3.023	The fact that a bargaining unit member participates in a 
grievance shall not be recorded in the bargaining unit member's personnel 
file or in any information used in the transfer, reassignment, promotion, or 
dismissal process; nor shall such fact be used in any recommendation for 
other employment.

3.03	Time Limits

	3.031	The number of days indicated at each step in the procedure 
shall be the maximum.

	3.032	If the grievant does not file a grievance in writing within 
twenty (20) days of the occurrence of the act or conditions on which the 
grievance is based, then the grievance shall be considered waived, provided 
the basis for the grievance occurs during the months of November through 
August.  If the basis for the grievance occurs during the months of September 
or October, the grievance must be filed within twenty-five (25) days of the 
occurrence of the act or conditions on which the grievance is based, or the 
grievance shall be considered waived.

	3.033	If a decision on a grievance is not appealed within the time 
limits specified at any step of the procedure, the grievance shall be deemed 
settled on the basis of the disposition at that step, and further appeal 
shall be barred.

	3.034	Failure at any step of these procedures to communicate the 
decision on a grievance within the specified time limits shall automatically 
entitle the grievant to proceed to the next level.

	3.035	All notices of hearings, dispositions of grievances, written 
grievances, and appeals shall be in writing and hand-delivered or mailed by 
certified mail, return receipt requested.  The bargaining agent shall receive 
copies of all notices.

	3.036	Every reasonable effort will be made to process grievances to 
a satisfactory conclusion by the end of the school year.

	3.037	Hearings held under this procedure shall be conducted at a 
time and place which will afford a fair and reasonable opportunity for all 
persons entitled to be present to attend.

	3.038	Whenever illness, incapacity, or reasonable unavailability of 
the grievant, his/her representative(s), or an administrator involved in the 
processing of the grievance prevents attendance at a grievance hearing, the 
time limit for such hearing shall be extended to a date when such persons can 
be present.  Such date shall be within reasonable proximity of the originally 
scheduled date, and, if the delay extends beyond ten (10) days participation 
by telephone or proxy will be attempted.  Every effort shall be made to 
provide at least a one (1) day notice of unavailability to the other party.

3.04	Grievance Procedure

	3.041	Informal Procedure: A grievance shall first be presented to 
the immediate supervisor in an attempt to promptly resolve the problem.  The 
immediate supervisor shall give an answer to the grievant and his/her WEA 
representative within five (5) days of the submission.

	3.042	Formal Procedure

		3.0421	Step I:  If the grievance is not resolved within five 
(5) days of the informal claim disposition, it may be pursued further by 
submitting a completed Grievance Report Form, Step I (see Appendix A), in 
duplicate, by the tenth day following its disposition at the informal level.  
Copies of this form shall be submitted by the grievant to the immediate 
supervisor, President of WEA, and to the chairperson of the Association 
Grievance Committee.  Within five (5) days of receipt of the Grievance Report 
Form, the immediate supervisor shall meet with the grievant.  The immediate 
supervisor shall write a disposition of the grievance within five (5) days 
after such meeting by completing the appropriate step of the Grievance Report 
Form and returning a copy to the grievant, chairperson of the Association 
Grievance Committee, President of WEA, and the Superintendent.

		3.0422	Step II:  If the grievant is not satisfied with the 
disposition of the grievance in Step I, the grievant shall complete Step II 
of the Grievance Report Form (see Appendix B) and submit same to the 
Superintendent or designee within ten (10) days of receipt of its disposition 
at Step I level.  Within five (5) days of receipt of the Grievance Form, the 
Superintendent or designee shall meet with the grievant.  Within ten (10) 
days of this meeting, the Superintendent or designee shall write his/her 
disposition of the grievance by completing his/her portion of Step II, 
forwarding a copy to the grievant, the Superintendent, the Association 
Grievance Chairperson, WEA President, and the Immediate Supervisor.

		3.0423	Step III:  If the grievant is not satisfied with the 
disposition made by the Superintendent or designee, then the grievant shall 
complete Step III of the Grievance Report Form (see Appendix C) and submit 
same to the President of the Board within ten (10) days of the disposition by 
the Superintendent or designee either by hand delivery with receipt 
acknowledged as set forth in Section 3.035, or by certified mail with a 
return receipt requested with the date of receipt recorded thereon.

			The Board, at its option, may meet with the grievant 
for the purpose of reviewing such grievance.  The meeting shall be held in 
executive session unless otherwise required by law.  Such meeting shall be 
held within fifteen (15) days of receipt of the Step III Grievance Report 
Form by the President.  The disposition of the grievance shall be written by 
the President of the Board of Education within ten (10) days following the 
meeting with the grievant, or if no meeting is conducted, within fifteen (15) 
days following the delivery of the Grievance Report Form to the President of 
the Board.  No official Board action shall be taken on the grievance.  
Delivery of the grievance shall either be by hand with receipt acknowledged 
as set forth in Section 3.035, or by certified mail, in which case the 
acknowledgement on the return receipt will indicate the date of delivery.

	3.0424	Step IV:  If the grievant is not satisfied with the 
disposition of the grievance by the Board of Education at Step III, the 
grievant (through the Association) may request a hearing before an arbitrator 
by completing Grievance Report Form, Step IV (see Appendix D).  The 
grievant's request for arbitration shall be made within ten (10) days 
following either the receipt of the disposition of the grievance in Step III 
or the lapse of fifteen (15) days following grievant's submission of the 
Grievance Report Form to the President under Step III, whichever occurs 
first.  The grievant's request for arbitration shall be either by hand 
delivery with receipt acknowledged, or by certified mail with return receipt 
requested to the President of the Board. Within five (5) days following the 
filing of the grievant's request for arbitration, the grievant shall petition 
the American Arbitration Association to administer the selection of an 
arbitrator and the hearing proceedings under the Voluntary Labor Arbitration 
Rules of the American Arbitration Association.  The selection shall be made 
from an initial list of nine (9) arbitrators provided to the parties by the 
American Arbitration Association. Subsequent lists shall follow American 
Arbitration Association rules.

		The arbitrator shall have the authority to consider only a 
single grievance or several grievances involving a common question of 
interpretation or application.  Unless the parties mutually agree to 
arbitrate the matter under the Expedited Labor Arbitration Rules of the 
American Arbitration Association, the arbitrator shall hold the necessary 
hearing promptly and issue the decision within thirty (30) calendar days of 
the closing of the hearing. Failure of the arbitrator to adhere to this 
provision shall not result in any negative consequences for either party.  
The decision shall be in writing and a copy sent to all parties present at 
the hearing.  The decision of the arbitrator shall be binding on both the 
Board and the Association.

		The arbitrator shall not have the authority to add to, 
subtract from, modify, change, or alter any of the provisions of this 
Collective Bargaining Contract, nor add to, detract from, or modify the 
language therein in arriving at a determination of any issue presented that 
is proper within the limitations expressed herein. The arbitrator shall 
expressly confine himself/herself to the precise issue(s) submitted for 
arbitration and shall have no authority to determine any other issue(s) not 
so submitted to him/her or to submit observations or declarations of opinion 
which are not directly essential in reaching the determination. The 
arbitrator shall in no way interfere with management prerogatives involving 
Board's discretion, nor limit or interfere in any way with the powers, 
duties, and responsibilities of the Board under its policies, applicable law, 
and rules and regulations having the force and effect of law.

			With the exception of Section 3.05 of this Article, 
the cost of arbitration at Step IV shall be shared equally by the Board and 
the Association.

3.05	Miscellaneous:  Nothing contained in this procedure shall be 
construed as limiting the individual right of a teacher having a complaint or 
problem to discuss the matter informally with members of the administration 
through normal channels of communication.

	In the event the Association determines, at any level of the 
grievance procedure, that a grievance should not be carried further, the 
grievant may continue the procedure but shall be liable for his/her share of 
any expense incurred thereafter in such proceeding.

3.06	Exclusivity of the Grievance Procedure: The parties agree that any 
dispute which is or could be the subject of a grievance is to be resolved 
through the grievance procedure of this Agreement.

	It is further understood that the parties individually and 
collectively agree that there will be no interruption or cessation of work in 
connection with a dispute arising under this Contract.
ARTICLE IV	RIGHTS

4.01	Board of Education Rights:  Unless the Board agrees otherwise in this 
Collective Bargaining Agreement, nothing shall impair the right and 
responsibility of the Board to:

	4.011	Determine matters of inherent managerial policy which 
include, but are not limited to areas of discretion or policy such as the 
functions and programs of the Board, standards of services, its overall 
budget, utilization of technology, and organizational structure;

	4.012	Direct, supervise, evaluate, or hire employees;

	4.013	Maintain and improve the efficiency and effectiveness of 
governmental operations;

	4.014	Determine the overall methods, process, means, or personnel 
by which governmental operations are to be conducted;

	4.015	Suspend, discipline, demote, or discharge for just cause, or 
lay off, transfer, assign, schedule, promote, or retain employees;

	4.016	Determine the adequacy of the work force;

	4.017	Determine the overall mission of the Board as a unit of 
government;

	4.018	Effectively manage the work force;

	4.019	Take actions to carry out the mission of the Board as a 
governmental unit.

		The Board is not required to bargain on subjects reserved to 
the management and direction of the governmental unit except as affect wages, 
hours, terms and conditions of employment, and the continuation, 
modification, or deletion of an existing provision of a collective bargaining 
agreement.  A public employee or exclusive representative may raise a 
legitimate complaint or file a grievance based on the collective bargaining 
agreement.
4.02	Association Rights

	4.021	The bargaining agent shall have the sole and exclusive 
organization rights to process grievances under this Contract.

	4.022	The bargaining agent shall have the sole and exclusive 
organizational right to use school mailboxes.

	4.023	The bargaining agent shall have the sole and exclusive 
organizational right to use interschool mail privileges and district e-mail 
for text messages related to WEA/OEA/NEA business.

	4.024	The bargaining agent shall have the sole and exclusive 
organizational right to payroll deduction of dues and/or service fees, if 
required.

	4.025	The bargaining agent shall have the sole and exclusive 
organizational right to the exclusive use of a bulletin board designated by 
the principal in each building.

	4.026	The bargaining agent shall have the sole and exclusive 
organizational right to have building meetings before or after school 
provided that said meetings do not interfere with the commencement or the 
ending of the school day.  The building principal shall have at least twenty-
four (24) hours advance notification of meetings.

	4.027	These rights shall not be granted to another teacher 
representative organization under any circumstances.

4.03	Release Time

	4.031	The President of the Association, shall, at the request of 
the Association, be granted a leave of absence during the term of office for 
any part of one-half (½) day, or a full day.  The Association shall reimburse 
the Board of Education in advance on a monthly basis as invoiced by the 
Board, based upon the leave taken, for the President's annual gross 
compensation, including the Board's employer share of contribution of 
retirement and all fringe benefits, such as cost of Worker's Compensation, 
hospitalization, life insurance, and dental.  In the event payment of these 
invoiced charges is not made within ten (10) days of date of the invoice, the 
President will have authorized the amount of the invoice to be deducted from 
the President's next payroll check, and the monthly charges shall continue to 
be deducted in this manner until such time as the Association has made the 
applicable monthly advance payment. The Association shall request in writing 
no later than June 30 of the year prior to application for either part of the 
one-half (½) day or the full day leave of absence.  Such assignment shall be 
for the school year and must be renewed by June 30 of each year by a written 
request from the Association prior to June 30.

	4.032	The person so designated by the Association as the President, 
and granted this assignment by the Board, shall act in this capacity under 
this Contract for the entire school year.  The Association may ask for a 
change in the designee because of elections for the next ensuing school year.

	4.033	The President of the Association may conduct Association 
business on school premises while classes are in session with the approval of 
the Superintendent of Schools and/or his/her designated representative.  At 
any time other than the aforementioned, the President of the Association may 
conduct Association business with the approval of the building principal.

	4.034	If reassignment to another building is necessary, the 
President shall be notified prior to June 1.

4.04	Payroll Deduction of Dues:  Once a teacher has joined the 
Association, he/she shall only remove his/her authorization for dues 
deduction as provided by law.

4.05	Service Fee

	4.051	All teachers who are not members of the Association shall pay 
a monthly service fee equivalent to the monthly dues uniformly required of 
such members, not including initiation fees, fines or assessments, as 
certified by the Association to the Treasurer before each school year and as 
further necessary to be accurate.  Such payment shall be subject to a rebate 
procedure provided by the Association meeting all requirements of applicable 
state and federal law. 

	4.052	Such service fee shall be automatically deductible in five 
(5) equal installments beginning with the first paycheck of the second 
semester of the school year.

	4.053	The balance of any annual deductions shall be deducted from 
the final paycheck of a non-member teacher resigning his/her position, 
receiving a leave of absence, or terminating his/her employment after the 
opening of school.

	4.054	The Board will provide the Association with a single printout 
showing the non-member teachers from whom such service fees were deducted.  
This itemized statement with a transmittal letter will be prepared monthly.

	4.055	The foregoing provisions regarding service fees shall be 
subject to all requirements of Ohio Revised Code, Section 4117.09 (C) and all 
other applicable law of the subject matter.

	4.056	The Warren Education Association agrees to defend, indemnify 
and hold harmless the Board and its individual members in any claim, demand, 
action or cause of action brought to contest collection or other elements of 
administration of the service fee.

4.06	Occupational Safety and Health

	4.061	The Board shall adopt and implement policies and procedures 
required by O.R.C. Chapter 4167, by the Division of Occupational Safety & 
Health, by the Public Employment Risk Reduction Advisory Commission, and/or 
any rules or regulations adopted thereunder.  The Board shall give a copy of 
all policies and procedures adopted by the Board to the President of the 
Association.

	
4.062	Duties of the Employer:

	A.	Each public employer shall:

		1.	Furnish to each of his public employees' employment 
and a place of employment free from recognized hazards that are causing or 
are likely to cause death or serious physical harm to his public employees;

		2.	Comply with Ohio employment risk reduction standards, 
rules, and orders adopted or issued pursuant to O.R.C. Chapter 4167.

	B.	Notwithstanding this section or any other provision in O.R.C. 
4167 to the contrary, no public employer is required to take any action under 
that Chapter that would cause an undue hardship upon that public employer, 
unless the action is required to prevent imminent danger of death or serious 
harm to the public employee.

4.063	Duties of the Employee:

	A.	Each public employee shall:

	1.	Comply with Ohio employment risk reduction standards, rules, 
and orders adopted or issued pursuant to O.R.C. Chapter 4167 which are 
applicable to the public employee's actions and conduct.

	2.	Comply with safety rules the public employer establishes for 
the purpose of fulfilling compliance with Ohio employment risk reduction 
standards, rules, or orders adopted or issued pursuant to O.R.C. Chapter 
4167.  All such rules the public employer adopts shall be reasonable as 
determined in accordance with the purposes and objectives of that Chapter.

	4.064	Report Internally First:  The parties desire to deal with 
safety and health complaints internally to attempt to correct any health or 
safety allegations.  Accordingly, neither the Association nor a bargaining 
unit member may file a complaint with the Ohio Department of Industrial 
Relations, unless it is a condition which the bargaining unit member or 
Association, acting in good faith, reasonably believes presents an imminent 
danger of death or serious harm to her/him or other members of the bargaining 
unit, in which case the procedures in this section need not be followed.  In 
all other cases the following procedure shall be used:

	4.0641	A bargaining unit member or Association representative must 
first bring an alleged health or safety violation to the attention of the 
affected bargaining unit member(s)' immediate supervisor within five (5) work 
days of the occurrence of the alleged violation.

	4.0642	If the immediate supervisor does not resolve the alleged 
violation to the complaining party's satisfaction, the bargaining unit member 
or Association must file a formal complaint with the Executive Director of 
Personnel within two (2) work days after the conference with the immediate 
supervisor.  The Association President and the Superintendent will prescribe 
a form for the written complaint, which will include space for the standard 
alleged to be violated, the specific facts on which the allegation is based 
and the precise remedy sought.  The Executive Director of Personnel will 
respond to the complaint within two (2) work days.

	4.0643	If the Executive Director of Personnel does not resolve the 
alleged violation to the satisfaction of the complaining party, the 
bargaining unit member or the Association may appeal the complaint to the 
Superintendent by filing a written appeal with the Superintendent within two 
(2) work days of the response of the Executive Director of Personnel.  If 
Executive Director of Personnel fails to respond by the deadline, then the 
bargaining unit member or Association must file their appeal within two (2) 
work days of that deadline.  The Superintendent or the Superintendent's 
designee shall meet with the complaining party in an attempt to resolve the 
alleged violation.  Within five (5) work days after the conference, the 
Superintendent shall provide a written response to the alleged violation.
	4.0644	Option of Employee:  Absent resolution to the alleged 
violation via the Superintendent's response (4.0643) the employee may opt to 
file a complaint with the Ohio Department of Industrial Relations (4.064) or 
utilize the grievance procedure contained in this Master Contract.

	4.0645	Board's Right to Reassign:  Before exercising her/his right 
to refuse work under Revised Code Section 4167.06 because of a condition 
which the bargaining unit member, acting in good faith, reasonably believes 
presents an imminent danger of death or serious harm to her/him, the 
bargaining unit member must immediately notify her/his supervisor of the 
condition.  The bargaining unit member may be temporarily reassigned at no 
loss in pay or reduction in hours while the condition is being investigated 
and/or ameliorated.


 
ARTICLE V	LEAVES OF ABSENCE

5.01	Sick Leave

	5.011	Annual Allowance

	a.	Teachers shall be granted sick leave on the following basis: 
one and one-quarter (1/4) days for each completed month of service, or 
fifteen (15) days for each completed year of service. Sick leave accumulation 
for bargaining unit members working less than full time (less than 100%) is 
prorated based on their percentage of full-time service.  This means that 
teachers working less than five (5) days per week are granted sick time in 
proportion to their percentage of full-time service.  Teachers working five 
days per week for partial days are granted sick time as days, and one day 
accumulated equals one day taken.

	b.	Any teacher who moves from a full time to a less than full 
time (less than 100%) position, or vice versa, shall have his/her accumulated 
sick leave total prorated so the resulting value will reflect the increase or 
decrease in his/her employment status.
	5.012	Manner of Calculation:  Any sick leave earned or unused in 
prior employment with another Ohio public school district or other agency of 
the State of Ohio, shall, upon presentation of a certified copy stating the 
number of sick leave days earned and unused from such employers, be 
transferred to the teacher's account at the time of employment in the manner 
prescribed by state law.

	5.013	Accumulated Sick Leave:  The maximum number of sick leave 
days accumulated shall be unlimited.

	5.014	Approved Use of Sick Leave Days:  Sick leave may be used by 
bargaining unit members for absence due to personal illness, pregnancy, 
injury, exposure to contagious disease which could be communicated to others, 
and for absence due to illness, injury, or death in the member’s immediate 
family.

	5.015	Definition of Immediate Family:   As applied to absence 
because of illness, injury, or death in the employee's immediate family, the 
immediate family shall include the husband, wife, children, father, mother, 
brothers, sisters, grandparents, in-laws, aunts, uncles, cousins, spouse's 
relatives, and any other person who is a member of the immediate household.

	5.016	Exhaustion of Sick Leave (Continued Fringes):  In the event a 
teacher uses all of his/her sick leave, the Board shall provide fringe 
benefits as per this Contract for up to ninety (90) days following the 
exhaustion of the sick leave benefits provided however, that as a condition 
of said payment the teacher furnished the Board written verification from a 
physician of the need for the teacher to remain away from employment.  In the 
event benefits provided by the Board are exhausted, the teacher may, upon 
approval of the respective insurance carrier, continue any or all benefits by 
making payment to the Treasurer not later than the 25th day of each month 
preceding the month for which the premium is due.

	5.017	Falsification of Certificates:  Falsification of either the 
physician's certificate, if submitted, or the member's statement is grounds 
for suspension or termination of employment.

5.02	Sick Leave Bank

	5.021	Establishment:

	a.	Each bargaining unit member may contribute one day of his/her 
accumulated sick leave to the Sick Leave Bank during the enrollment period. 
Enrollment periods will be from August 20 through September 15 of each school 
year. New teachers hired after the school year has commenced will have four 
(4) weeks to enroll. The donated day is not returnable.

	b.	During the year, additional days may be donated by bank 
members upon the agreement of the Sick Leave Committee.  At this time a 
second day may be contributed.

	c.	No donations may be made except as provided in this section.

	5.022	Operational Procedures:

	a.	Use of days from the Sick Leave Bank will be limited to those 
individuals who have contributed to the bank.

	b.	Use of days from the Sick Leave Bank will be limited to 
personal illness of the Bargaining Unit member or the Bargaining Unit 
member's spouse, or the Bargaining Unit member's dependent children.  A 
doctor's statement is required with the application in order to be considered.

	c.	Use of days from the Sick Leave Bank will be considered only 
after the individual has used all of his/her accumulated sick leave days and 
has used possible advances of sick leave days.

	d.	The maximum number of days that a person may use is 20% of 
the total days in the Bank at the end of the enrollment period.  Additional 
days may be granted at the discretion of the Sick Leave Bank Committee.

	5.023	Sick Leave Bank Committee:

	a.	The Bank will be operated on a voluntary basis. A committee 
shall be formed to administer the Bank and to provide the information whereby 
the business office of the Warren City School District will keep the 
records.  This committee shall be empowered to adopt rules and regulations 
and to make decisions required to administer the Sick Leave Bank, so long as 
those rules, regulations, and decisions do not modify the agreement contained 
herein.  This committee will be titled the "Sick Leave Bank Committee" 
(hereafter referred to as the SBC). The SBC shall be composed of the 
following five (5) persons:

		(1)	Superintendent of Schools of the Warren City School 
District or his/her designee.

		(2)	The Warren Education Association President or his/her 
designee.

		(3)	One Warren City School District business office or 
building level administrator.  This member is to be appointed by the 
Superintendent of Schools of the Warren City School District.

		(4)	Two bargaining unit members. These members are to be 
appointed by the Warren Education Association President. Effort should be 
made with these appointments to provide bargaining unit representation from 
the elementary, middle, and secondary levels.

	b.	Should a vacancy occur on the SBC, a replacement for the 
vacant position shall be appointed by the authority making the original 
appointment.

	c.	One of the three bargaining unit SBC representatives will be 
selected to act as chairperson of the SBC.  The Warren Education Association 
President will designate the chairperson prior to the first meeting of the 
SBC.

	d.	The SBC will be responsible for developing the forms needed 
to operate the Bank except for the Application to Use Days form.
	e.	Guidelines will be reviewed annually by the Sick Leave Bank 
Committee.

5.03	Personal Leave

	5.031	Each teacher shall be entitled to three (3) days of personal 
leave each school year, non-cumulative, with pay.  Personal days entitlement 
for part-time bargaining unit members is prorated. Such leave shall be 
granted upon written request filed by the member with the Superintendent's 
designee no later than forty-eight (48) hours prior to the taking of the 
leave, except in the case of an emergency where prior notice is not 
possible.  The number of teachers taking personal leave on any one school day 
shall conform to the following:

	*a.	If the staff is 1-15, maximum of 2 teachers per day;

	*b.	If the staff is 16-35, maximum of 3 teachers per day;

	*c.	If the staff is 36-50, maximum of 5 teachers per day;

	*d.	If the staff is 51 or more, maximum of 7 teachers per day.

	**	Personal leave may not be taken on the day preceding or the 
day following a holiday, term break, vacation, or holiday recess (see 
Appendix E). If the Thanksgiving break or President’s day break is extended 
by a parent-teacher conference compensation day (“comp day”), the prohibition 
on personal days extends to the day preceding or following the comp day. 
Exceptions to this provision may be granted by the Superintendent on a case 
by case basis.

	5.032	Coaches will not be included in the calculation of the above 
*formula and **restrictions if their request for personal leave is directly 
related to duties involved in a coach's supplemental contract.

	5.033	Personal leave days not utilized will be reimbursed no later 
than the first pay in August of each school year at the rate of $90.00 per 
day for one full unused day, $110.00 per day for two full unused days and 
$130 per day for three full unused days.

	5.034	An employee shall be responsible for knowing the number of 
personal leave days requested each year.  An employee who is mistakenly 
granted and mistakenly takes personal day time in excess of allotted days 
will be docked pay for the time in question.

	5.035	An employee who resigns or retires from his/her position 
prior to having completed 120 days of service shall have personal leave days 
pro-rated based on the percentage of the work year for that position worked 
July 1 through June 30 of the year of employment, rounded to the nearest one-
fourth (1/4) day.  An employee who resigns or retires who has utilized 
personal leave days in excess of the pro-rated amount earned, or who has 
unused personal days, shall have their final pay adjusted accordingly.

5.04	Emergency Leave

	5.041	Emergency leave of absence from normal teaching duties up to 
a total of five (5) days per school year without pay will be granted by the 
administration.

	5.042	Submission of satisfactory evidence acceptable to the 
administrator of an actual emergency situation shall be required.  
Falsification of the member's statement for the use of emergency leave shall 
be grounds for suspension or termination of employment.

5.05	Association Leave:  When it is necessary for an official 
representative of the Association to engage in Association activities 
directly relating to the Association's duties as representative of the 
teachers during the school day, they may be given such free time, without 
loss of pay, as is necessary to perform any such activities, provided such 
activities and free time have been approved by the Superintendent or his/her 
designated representative in accordance with established administrative 
regulations and provided that it is not contrary to law.  The Association and 
its officers recognize and agree that this privilege should not be abused.

5.06	Sabbatical Leave

	5.061	A leave of absence, if requested, shall be granted to any 
teacher for professional study and improvement for a period not to exceed one 
or two semesters in the same school year after five (5) years of teaching in 
the Warren City Schools.  The teacher taking sabbatical leave shall be paid 
the greater of fifty percent (50%) of their annual compensation or the 
difference between their annual compensation and the annual compensation of 
their replacement per school year or a prorated amount for any fraction 
thereof. The leave must be based upon a prospectus for professional growth 
submitted to and upon a prior approval of the Superintendent of Schools.  
Evidence will be required to show that the plan was followed prior to payment 
which shall be in one (1) total check issued not later than sixty (60) days 
after the conclusion of the leave and upon evidence of successful completion 
thereof.  The teacher will be required to spend at least two (2) years 
following the leave of absence in the Warren City Schools unless he/she has 
completed twenty (20) years of teaching in Ohio.  No more than two percent 
(2%) of the teachers may be on such leave at one time, nor shall this leave 
be granted to the same teacher more than once in a three (3) year period, nor 
to the same teacher when other members of the staff have filed a request for 
such leave.

	5.062	All fringe benefits provided by the Board and desired by the 
teacher shall be continued, upon approval by the respective insurance 
carrier, for those who are on sabbatical leave, upon the payment of the 
premium by the teacher to the Treasurer not later than the 25th day of each 
month preceding the month for which the premium is due.

	5.063	Teachers, while on sabbatical leave, shall not be eligible 
for tuition reimbursement as defined in this Contract.

5.07	Parental Leave

	5.071	Definition:  A "parental leave" is defined as absence from 
school without pay, leave accrual, or Board paid benefits by a teacher who is 
pregnant, is adopting a child, or is to become a parent by reason of 
pregnancy of his spouse.

	5.072	Notification of Pregnancy:  In the event that a teacher 
becomes pregnant, the teacher shall, as soon as possible, notify Executive 
Director of Personnel. Said notification of the condition of pregnancy shall 
be by the end of the fifth month as designated by a certificate of the 
attending physician.  This notification shall be in writing and shall include 
the following:

	a.	A medical certificate signed by the teacher's physician 
confirming the pregnancy.

	b.	The medical certificate shall indicate the anticipated birth 
date of the baby.

	c.	In the event a teacher may desire a parental leave, the 
teacher's statement should include the approximate date of the commencement 
of said leave.

	5.073	Procedure for Parental Leave:  A teacher who desires parental 
leave shall notify the Executive Director of Personnel at least thirty (30) 
calendar days in advance of the commencement of said leave. This notification 
shall be in writing and shall indicate the actual date for commencement of 
said leave. In emergency and unusual situations, the thirty (30) calendar day 
written notification requirement shall be waived by the Superintendent of 
Schools.

	5.074	Term of Parental Leave:  All parental leaves may be for the 
remainder of the semester, or the school year in which the child is born or 
adopted as elected by the teacher at the time of providing notice of the 
leave.  The leave shall be extended, if requested by April 1, for the next 
succeeding school year, and if requested by the subsequent April 1, the leave 
shall be extended for one (1) additional full year. If the initial leave 
begins after April 1, the request for the following school year must be made 
with the initial request.  If the teacher indicates his/her intention to 
return to work, he/she shall follow the same procedure enumerated in all 
subsequent sections of the parental leave policy.

	5.075	All insurance coverage provided by the Board and desired by 
the teacher shall be continued, upon approval by the respective insurance 
carrier, for those who are on parental leave, upon the payment of the premium 
by the teacher to the Treasurer not later than the 25th day of each month 
preceding the month for which the premium is due.

	5.076	Termination of Parental Leave:  Upon written request of the 
teacher to Executive Director of Personnel, which shall be tendered no later 
than April 1, a parental leave of absence may be terminated at any time after 
the birth of the child under the following conditions:

	a.	In the case of a teacher who was pregnant, the teacher will 
be declared eligible to return to regular duties when she submits a written 
medical certification signed by her physician that she is physically able to 
resume full-time employment.  In the case of a teacher who has adopted a 
child or whose wife has been pregnant, the teacher will be declared eligible 
to return to regular duties upon notification by the teacher to the Executive 
Director of Personnel, said notice to be by April 1 or six months from the 
delivery of the child, whichever comes first. The teacher shall be permitted 
to use all of the leave period stated in Section 5.074 of this Article.

	b.	Return to duties will be guaranteed no later than the first 
work day of the school year following the date that the individual is 
declared eligible for reinstatement.

	c.	After reinstatement eligibility has been determined, the 
Superintendent of Schools may recommend reassignment to duty at an earlier 
time than that which is stated herein.  It is further understood reassignment 
to duty in all cases of parental leave shall be in accordance with the 
recommendation of the Superintendent of Schools and the needs of the school 
system. At the end of the leave, the teacher shall be returned to the same 
position, provided the leave was for the remainder of the school year in 
which the child is born.  In all other situations, the teacher shall be 
returned to the same or similar position for which he/she holds a valid 
teacher's certificate/license.

	5.077	Use of Sick Leave for Pregnancy Purposes: 

	a.	A teacher shall be permitted to use accumulated unused sick 
leave days for absence due to pregnancy. Where a teacher is absent due to 
pregnancy, but has used all accumulated sick leave, she shall be given a 
Medical Leave of Absence without pay for not more than one full school year.  
Such leave may be extended for a period not to exceed an additional school 
year due to special circumstances upon approval of the Superintendent of 
Schools.

	b.	All insurance coverage provided by the Board and desired by 
the teacher shall be continued, upon approval by the respective insurance 
carrier, for those who are on such leave, upon payment of the premium by the 
teacher to the Treasurer not later than the 25th day of each month preceding 
the month for which the premium is due.

	c.	The use of sick leave after the birth of a child is 
comparable to the use of sick leave for other medical reasons. Therefore, as 
soon as medical examination verifies that a teacher is medically able to come 
back to work, parental leave shall become effective and sick leave pay ends.

	d.	Sick leave may not be used by a teacher taking parental leave 
for the pregnancy of his spouse or the adoption of a child except for those 
reasons listed in the Ohio Revised Code 3319.141.

5.08	Professional Leave

	5.081	Each teacher may be granted at least two (2) days of 
professional leave per school year with pay for attendance at conferences or 
visitations or meetings of a professional nature, upon prior approval of the 
Superintendent of Schools.  The Superintendent's disapproval of any request 
shall not be arbitrary or capricious.  To secure such leave the teacher must 
file a written request at least two (2) weeks before the commencement of the 
leave.

	5.082	The number of teachers eligible to be granted professional 
leave may not exceed eight (8) teachers.

	5.083	Where leave is granted under the provisions of this Section, 
a substitute will be provided in accordance with the Board-approved policy 
governing employment practice.

5.09	Medical Leave

	5.091	A written application for a leave of absence, or an extension 
of a leave of absence, without pay, leave accrual, or Board paid benefits, 
for medical reasons due solely to the physical condition of the teacher 
making such request, must be accompanied by a statement from the attending 
doctor and be approved by the school physician; said statement must indicate 
the nature of the illness and definitely recommend that the teacher be 
relieved of duties.

	5.092	The request for leave shall be granted for the remainder of 
the semester or the remainder of the school year, or for an entire school 
year, with the possibility of a renewal of the leave, upon written request, 
according to the provisions of Section 3319.13 of the Ohio Revised Code.  An 
earlier termination of this leave, if requested in writing by the teacher, 
shall be at the discretion of the Superintendent, and in accordance with the 
needs and interest of the schools.

	5.093	At least thirty (30) days before a teacher on a leave of 
absence for medical reasons expects to resume his/her duties, the teacher or 
someone acting in the teacher's behalf, must request, in writing, the 
reinstatement of said teacher to the staff.  Failure to comply with this 
regulation shall be deemed an automatic resignation.

	5.094	Not less than ten (10) days before termination of leave, a 
doctor's statement approved by the school physician must be submitted by the 
teacher.  This statement shall certify that the teacher has been examined and 
that the teacher will be able to resume duties with the Board when the leave 
of absence expires.

	5.095	Whenever any teacher has been absent from active service a 
sufficient number of days to exhaust his/her accumulated sick days, and 
continues in absence without applying for a leave of absence under this 
Section, the Superintendent shall investigate the facts of the case and shall 
have the authority to recommend to the Board that an unrequested leave of 
absence be granted according to the provisions set forth in Section 3319.13 
of the Ohio Revised Code.  Any teacher who refuses to comply with the terms 
of such a leave shall be considered to have terminated his/her contract.

	5.096	All insurance coverage provided by the Board and desired by 
the teacher shall be continued, upon approval by the respective insurance 
carrier, for those who are on such leave, upon payment of the premium by the 
teacher to the Treasurer not later than the twenty-fifth (25th) day of each 
month preceding the month for which the premium is due.

5.10	Assault Leave

	5.101	The Board shall grant a paid assault leave not to exceed one 
hundred (100) workdays per assault, in lieu of paid sick leave, for 
bargaining unit employees who are disabled due to a physical disability 
resulting from an assault which occurs in the course of Board employment or 
which occurs while carrying out an approved school-related assignment.  Any 
amount of salary payable pursuant to this Section shall be reduced by the 
amount of any worker's compensation awarded for temporary disability due to 
said assault injury for the period for which such salary is paid.  In order 
to be eligible for a leave, the employee shall be required to submit a 
physician's verification that a disabling condition exists due to the 
employment-related assignment.

	5.102	A teacher who is assaulted and takes time off to visit a 
doctor or hospital shall have that time charged to assault leave.

5.11	Leave of Absence Without Pay or Benefits

	5.111	Duration of Leave: 

	A.	Full Year Leave of Absence:  A bargaining unit member shall 
during the term of this Master Contract, be granted one leave of absence 
without pay or benefits for one full school year provided:

		1.	The bargaining unit member has filed a written 
request with the Executive Director of Personnel prior to July 10 of the 
school year in which the leave is requested.

		2.	The reason for such leave shall not be employment in 
another school district unless the Superintendent authorizes leave for such 
purpose.

	B.	Partial Year Leave of Absence:  A bargaining unit member may 
request and the Superintendent may grant a leave of absence without pay or 
benefits for the remainder of the school year.

	C.	Extension of a Leave of Absence:  No later than April 1, a 
bargaining unit member may request and the Superintendent may extend a leave 
of absence without pay or benefits for an additional school year.

	D.	The Superintendent's discretion under Section 5.111 (b) and 
(c) shall not be exercised in an arbitrary or capricious manner.

	5.112	Restrictions:

	A.	Return from a Leave of Absence:  The Board will not be 
obligated to return the bargaining unit member to active status prior to the 
expiration of the requested leave.
	B.	Seniority:  The bargaining unit member shall not receive 
seniority credit for any school year where the bargaining unit member has 
less than one hundred twenty (120) days of active status.

5.12	Leave of Absence Under Family Medical Leave Act

	5.121	Entitlement:  An employee is entitled to a total of twelve 
workweeks of leave during any twelve month period for one or more of the 
following reasons:  (1) the birth of a son or daughter and in order to care 
for such son or daughter; (2) the placement of a son or daughter with the 
employee for adoption or foster care; (3) to care for the employee's spouse, 
son, daughter, or parent who has a serious health condition; or (4) because 
of the employee's own serious health condition that renders the employee 
unable to perform the functions of the job.  Where spouses are both employed 
by the same employer, the aggregate number of workweeks to which both may be 
entitled may be limited to twelve during any twelve month period in which the 
leave is taken (1) for the birth of a son or daughter; (2) for the placement 
of a son or daughter with the employee for adoption or foster care; or (3) to 
care for a parent (not, however, parent-in-law) who has a serious health 
condition.

	5.122	In the event a teacher has taken paid sick leave for any of 
the circumstances for which she/he applies for and receives an unpaid leave 
of absence, the period of paid sick leave shall be deducted from the twelve 
week period for continuation, at Board expense, of health benefits during the 
otherwise unpaid leave of absence.

	5.123	Return from Leave:  On return from leave, the employee is 
entitled to be restored to the position held when leave began. Taking leave 
cannot result in the loss of any benefits accrued prior to leave, but 
benefits do not accrue during the period of leave.  The employer can require 
an employee to report periodically on his status and intention to return to 
work.

5.13	Military Leave

	A.	Teachers who are members of the Reserve Forces of the United 
States or Organized Militia as defined in ORC 5923.01 are entitled to leave 
of absence from their respective duties without loss of pay for such time as 
they are in military service on field training or active duty as defined in 
ORC 5923.01 for periods not to exceed thirty-one (31) days in any one 
calendar year.  Military leaves and right to re-employment upon completion of 
military service shall be granted in accordance with ORC 3319.14, ORC 
5903.06, ORC 5903.061, and ORC 5923.05.

	B.	During a national emergency, should the period of active duty 
exceed thirty-one (31) days the teacher shall continue to receive the 
difference between his/her normal pay and his/her base military pay (without 
allowances) for the duration of military service and all benefits shall 
remain in force. Upon return, the teacher shall be reinstated to his/her 
previous assignment if within the same school year or the same or similar 
assignment if the leave is longer than one year. For purposes of seniority 
and placement on the salary schedule, years of absence for military service 
shall be counted as though teaching service had been performed during that 
time.

5.14	Jury Duty Leave

	5.141	An employee shall be granted a leave with pay for the period 
of jury duty service.

	5.142	Each employee shall notify his/her building 
principal/immediate supervisor upon receipt of summons served.

	5.143	Jury duty is considered a day of work.  During the period of 
the jury duty service, if the Court does not need the employee for a given 
day, or if the employee is released by the Court with more than two (2) hours 
of their regular work day remaining, the employee will call his/her building 
principal/immediate supervisor.  Unless the building principal/immediate 
supervisor indicates otherwise, the employee will report to his/her regular 
classroom/work assignment for the remainder of their work day.

	5.144	Within fifteen (15) days of the receipt of any jury duty 
compensation the employee is required to endorse over or pay the amount 
received from the Court for the day(s) served. The employee shall also 
provide a Court signed slip, or a copy of the pay stub to verify the day(s) 
served.  The compensation, along with the verification slip or pay stub must 
be sent to the Treasurer of the Warren City Schools.

	5.145	If the employee fails to follow the procedure outlined in 
Section 5.144 of the Agreement, the Treasurer is authorized to payroll deduct 
the amount equivalent to their daily rate of pay for the day(s) absent.


ARTICLE VI	EMPLOYMENT PROCEDURES

6.01	Teacher Assignment

	6.011	No teacher shall be assigned to a position ("primary teaching 
assignment(s)") for which he/she is not certificated/licensed.  (This section 
does not apply to casual substituting referred to in Article VI, Section 
6.11.)

	6.012	Teacher(s) who will be affected by change of grade, subject, 
or building assignment will be notified in writing and consulted by the 
immediate supervisor as soon as it is practicable.  Every effort will be made 
to notify such teacher in a manner that affords him/her time to obtain the 
required instructional materials and to prepare for the change, prior to its 
implementation. Such changes will be voluntary where possible.

6.02	Temporary Certification/Licensure

	6.021	Any teacher initially employed under a temporary 
certificate/license issued by the Ohio Department of Education shall be 
subject to the following only while working under the temporary 
certificate/license:

	A.	Reduction in Force/Recall Rights:  On or before April 30 of 
the school year, the employee shall be subject to a Reduction in Force as 
described in Section 6.08 of the Agreement (excluding Section 6.081 a. -- 
Scope of Procedure and Section 6.082 -- Attrition). The Board shall provide 
the employee with the proper notification.

		1.	Contrary to Section 6.083 a. 1. and Section 6.083 b. 
of the Agreement, the employee shall not be afforded “bumping” rights into 
another area for which he/she may hold valid certification/licensure from the 
Ohio Department of Education.

		2.	The employee shall not be afforded recall rights as 
described in Section 6.083 e. and Section 6.083 g. of the Agreement. Instead, 
the employee shall be provided limited recall rights into any vacant position 
that cannot be filled by a fully certified/licensed applicant or teacher in 
the area for which he/she was originally employed into the district under the 
temporary certificate/license, provided:

		a.	The employee has received satisfactory evaluations 
from the district, and

		b.	The employee qualifies for a renewal of the temporary 
certificate/license from the Ohio Department of Education for the upcoming 
school year.  The employee shall have until August 1 to complete the 
necessary coursework to qualify for a renewal of the temporary 
certificate/license, and submit to the Board verification of such completion 
in the form of official transcripts (no other verification shall be 
acceptable).  Failure to comply with this date will forfeit the employees 
right to this limited recall.

	B.	Conditions of Employment:

		1.	The employee shall not possess the Voluntary Transfer 
rights afforded by Section 6.031 of the Agreement.

		2.	Per Section 6.05 of the Agreement, the employee may 
apply for a posted vacancy for which he/she holds a valid certificate/license 
from the Ohio Department of Education at any time, and they shall be granted 
an interview.

	6.022	Teachers Initially Hired under Temporary Licenses Prior to 
April 1, 2005:  Any teacher initially hired under a temporary 
certificate/license prior to April 1, 2005 shall be entitled to continue 
serving under a temporary license for the 2005-06 school year, provided the 
employee submits the documentation required by Section 6.021 (A)(2) of the 
Agreement and provided such temporary license is renewed by the Ohio 
Department of Education.  For the 2006-07 school year the following will 
occur:

	A.	If such teacher obtains a regular certificate/license by July 
1, 2006 in the position for which they were previously employed under a 
Temporary certificate/license, he/she shall have full rights and privileges 
afforded bargaining unit members by the Agreement.

	B.	If Section 6.022 (A) above does not apply, then 
notwithstanding Section 6.021 (B)(1) of the Agreement, such teacher shall 
have voluntary transfer rights, per Section 6.031 of the Agreement, from the 
conclusion of the 2005-06 school year until 12:01 a.m. of the first work day 
for all teachers for the 2006-07 school year.  Such teacher will need to 
submit a written request for the transfer by May 1, 2006.

	C.	If Sections 6.022 (A) or 6.022 (B) above do not obtain a 
position for such teacher in an area where he/she holds a regular 
certificate/license, that teacher shall then have recall rights, per Section 
6.08 of the Agreement, to any vacant position for which he/she holds a 
regular certificate/license.

6.03	Transfers

	6.031	Voluntary Transfers:

	a.	A bargaining unit member may not request a voluntary transfer 
until he/she has completed two (2) full years of employment as a teacher in 
the Warren City School District. 

	b.	Teachers who desire a transfer for the subsequent school year 
must submit a completed Transfer Request form (see Appendix I) by May 1.  The 
request must contain a first preference and, if possible, a second 
preference. No more than two (2) preferences will be accepted.  A voluntary 
transfer request may not be withdrawn or altered after May 1 and it shall 
remain in effect until 12:01 a.m. of the first work day for all teachers of 
the following school year. Any withdrawal or alteration to a request for a 
voluntary transfer before May 1 must be in writing.

	c.	The following positions shall not be available for voluntary 
transfer or selection by a displaced teacher, unless he/she has previously 
served in that specific position, or unless it will result in another 
bargaining unit member losing employment:

	Teacher in Charge of Student Services
	Teacher on Special Assignment
	Lead Mentor Teacher
	Mentor Teacher
	Teacher assigned to a non-public school
	Technology Specialist
	Technology Teacher
	Literacy Collaborative Building Coordinator
	Reading/Recovery Teacher

d.	Effective September 1, 2005, any teacher who does not have high 
school certification/licensure or who does not meet the “highly qualified” 
standard may not request a transfer to a seventh or eighth grade core 
academic teaching position.

	e	In addition to all other open positions, any position that 
has been filled by a new hire after the first day of the school year shall be 
made available for voluntary transfer for the subsequent school year, 
provided the position is to be continued.  Said position(s) shall be posted 
no later than April 1.

	f.	Subject to section 6.031 g. below, the position shall be 
awarded to the most senior bargaining unit member as follows:

		1.	First, to the teachers who have been previously 
displaced, who shall have the option of returning to the position from which 
they were originally displaced or similar position if such displacement 
occurred within the past five (5) years, unless the exercise of such option 
would result in another bargaining unit member losing employment.

		2.	Second, to teachers, in order of seniority, who have 
requested voluntary transfers, unless the exercise of such option would 
result in another bargaining unit member losing employment.  If the teacher 
is granted a voluntary transfer, the teacher must follow the educational 
program already in place in the building (e.g., inclusion, early literacy 
programs, looping, etc.)

	3.	Third, to currently displaced teachers, in order of 
seniority, unless the exercise of such option would result in another 
bargaining unit member losing employment.

	4.	Teachers shall remain in the positions to which they transfer 
for a minimum of three (3) years before they can request another transfer 
unless an earlier move is mutually agreed upon by the parties or the building 
closes.

	5.	A teacher granted a voluntary transfer shall be entitled to 
remain in the position for a minimum of one (1) year before the 
Superintendent can invoke an involuntary transfer per Section 6.032 B. of the 
Agreement.  The exception to this prohibition is if the Superintendent 
determines that a specific voluntary transfer or continuation of the teacher 
in the position transferred to is likely to have a negative impact on 
students, then the Superintendent shall provide the affected teacher, and the 
Association President, with a written statement indicating reason(s) for the 
transfer or assignment within seven (7) days of the transfer.

	6.	No teacher may be transferred to a position for which he/she 
does not possess the appropriate certification/licensure.

	7.	Any teacher impacted by a Performance Improvement Plan (PIP) 
who is granted a voluntary transfer shall continue to be impacted by the PIP 
after the transfer, unless the PIP expires prior to the effective date of the 
transfer.

	g.	Any teacher who is granted a voluntary transfer shall not 
have the right to decline the transfer.

	h.	Notwithstanding the rights of bargaining unit members in 
Section 6.031 e. above, the Executive Director of Personnel shall, whenever 
possible, offer a vacant position to the bargaining unit member on the recall 
list as provided in Section 6.083 e.

	6.032	Involuntary Transfers:

	A.	Procedure:  When a reduction in the number of teachers in a 
school is necessary, or when involuntary transfers between schools are 
necessary, all volunteers shall be given consideration for transfer 
consistent with their areas of certification/licensure.

		Thereafter, involuntary transfers will be made on the same 
basis of certification/licensure in the area and the lowest number of years 
of service in the school system, those lowest in service being transferred 
first.  All such transfers shall be consistent with the areas of 
certification/licensure of the affected teacher.

	Involuntary transfers related to grade-level assignments and/or 
subject assignments or any other assignments within a building shall be at 
the sole discretion of the building principal, however, the building 
principal shall not move a teacher into a position within the building for 
which the employee is not “highly qualified” under ESEA and/or IDEA unless 
such failure to transfer would result in another bargaining unit member 
losing employment.

	B.	Assignment:  The final right of assignment of teachers shall 
remain with the Superintendent.  In the event the Superintendent makes an 
assignment or a transfer of a teacher which is not made pursuant to the 
criteria contained in Section 6.032-A, the Superintendent shall within seven 
(7) days of the notification of the proposed transfer, give the affected 
teacher a written statement indicating reason for the transfer or assignment.

	C.	Preparation:  The bargaining unit member being transferred 
shall be granted two (2) workdays off to effect such transfer if such 
transfer is after the beginning of the school year and to a different 
building.

	6.033	Displaced Teacher: 

	A.	A displaced teacher is an employee of the District who has 
lost his/her position due to the closing of a building, discontinuation of 
course offerings, movement to a different building due to a reduction in the 
number of teachers needed at a building, or moved to another position caused 
by implementation of the reduction in force procedures.

	1.	Currently displaced teachers are teachers who are affected by 
the current reassignment.

	2.	Previously displaced teachers are teachers who have been 
affected by previous reassignments.

	B.	Previously displaced teachers shall be subject to the 
following:

	1.	The initial listing of displaced teachers shall be those 
qualifying teachers who notify the Executive Director of Personnel by April 1 
of their desire to be placed on the list.

	2.	Effective September 1, 2005, any teacher without high school 
certification/licensure or who does not meet the “highly qualified” standard 
cannot have previously displaced teacher status to a seventh or eighth grade 
core academic teaching position.

	3.	They will remain on the list for five (5) years from the date 
of their last reassignment.

	4.	Their name will be removed from the list if they have had the 
opportunity to make a transfer and have chosen not to do so.

	5.	They will have the option to return to the position from 
which they were originally displaced or similar position if the displacement 
occurred within the last five (5) years.

	6.	Except as provided in Section 6.035 of the Agreement, their 
name will be removed from the list if the building from which they were 
displaced is closed.

	7.	Should a previously displaced teacher receive a voluntary 
transfer, he/she shall no longer have rights of a previously displaced 
teacher.

	8.	Prior to the beginning of the 2006-07 school year and 
thereafter, any teacher who has declared his/her previous displaced teacher 
status shall be returned to his/her previous position so long as: (1) the 
position exists, (2) it was not filled with a more senior bargaining unit 
member, and (3) the return does not result in another bargaining unit member 
losing employment.

		This will be accomplished by transferring the teacher who 
ended up in the previously displaced teacher’s former position into a “pool” 
of available teacher(s) for reassignment to a position for which they hold 
appropriate certification/licensure.  If no such position becomes available 
prior to the beginning of the school year, the previously displaced teacher 
will be displaced again.  This second displacement shall not extend the five 
(5) year period of displaced teacher rights for previously displaced teacher.

	C.	Displaced Bargaining Unit members shall, in order of 
seniority as displaced Bargaining Unit members, have preference in the 
filling of posted vacancies for which the Bargaining Unit member is 
certification/licensure.

	D.	Currently displaced teachers shall be selected in the 
following manner: 1) volunteers in the affected building who are qualified by 
certification/licensure; 2) the least senior bargaining unit member in the 
building in the affected area of certification/licensure.

	6.034	Disabled Employee:  Notwithstanding any of the provisions of 
this Master Contract, the Board may transfer, after consultation with the 
Association, a disabled employee (as identified by the Americans with 
Disabilities Act of 1990 (ADA), 42 USCA 1210 et seq.) in order to provide 
a "reasonable accommodation," where necessary for such disabled employee. 

	6.035	Movement of Staff in Conjunction with a Building 
Construction/Renovation Project:  During the initial assignment of staff to a 
building that has been newly constructed and/or renovated under the auspices 
of the Ohio School Facilities Commission, the following provisions shall 
apply and shall supercede the provisions of Section 6.031 (Voluntary 
Transfers) of the Agreement:

	A.	Newly Constructed K-8 Building:

		1.	Except for the positions identified in Section 6.035 
C. of the Agreement, staff in all “feeder” elementary buildings (includes all 
specialists in the cluster affected regardless of what building is closed or 
the specialist’s assignment) that will be closed to create a “new” K-8 
building, who are not impacted by a Reduction in Force per Section 6.08 of 
the Agreement, shall be transferred as a group of employees to the “new” K-8 
building.  Teachers in this group will be assigned to the same grade 
level/subject area provided there are no previously displaced teachers within 
the group awaiting assignment to a different grade level who have more 
seniority than bargaining unit members currently teaching that grade level 
and/or the number of grade level/subject area assignments in the “new” K-8 
building is equal to or less than the number of teachers in the group who 
taught in that grade level/subject area immediately preceding the transfer. 
In the event there are fewer grade level/subject area assignments in 
the “new” K-8 building than existed in the “feeder” buildings, teachers 
within the affected grade level/subject area will be displaced according to 
the provisions of Sections 6.032 and 6.033 of the Agreement.

		2.	Except for the positions identified in Section 6.035 
C. of the Agreement, staff in a “feeder” Middle School building that will be 
closed in conjunction with the opening of a “new” K-8 building(s), who are 
not impacted by a Reduction in Force per Section 6.08 of the Agreement, shall 
be subject to transfer to the “new” K-8 building(s).  Based upon seniority, 
affected staff shall select an assignment within the grade level/subject area 
he/she taught immediately preceding the transfer.  In the event the Middle 
School will be a “feeder” to more than one (1) “new” K-8 building, based upon 
seniority, affected staff shall also select the “new” K-8 building to which 
he/she will be assigned.  In the event there are insufficient positions 
within the “new” K-8 building(s) in the grade level/subject areas taught by 
this group of employees immediately preceding the transfer, the least senior 
employees, within the affected areas of certification shall be displaced 
according to the provisions of Sections 6.032 and 6.033 of the Agreement.

		3.	Except for the positions identified in Section 6.035 
C. of the Agreement, should there be a partial closing of an Elementary 
(includes all elementary specialists in the cluster affected regardless of 
what building is closed or the specialist’s assignment) and/or Middle School 
in conjunction with the opening of a “new” K-8 building(s), those employees 
within the partially closed Elementary and/or Middle School who are not 
impacted by a Reduction in Force per Section 6.08 of the Agreement, shall, 
based upon seniority, be eligible to volunteer for assignment to the “new” K-
8 building provided such assignment is in the same grade level/subject area 
as he/she taught immediately preceding the requested transfer.  In the event 
there are not a sufficient number of volunteers for assignment to the “new” K-
8 building, the provisions of Sections 6.032 and 6.033 shall be used to 
determine which staff members shall be reassigned to the “new” K-8 building.

		4.	Any staff member displaced from his/her current 
position and who does not receive a position in the “new” K-8 building per 
the provisions of Section 6.035 A. 1. and 2. above shall be permitted to 
submit a request for a voluntary transfer, provided such request is in 
writing and submitted to the Director of Personnel by June 1 or within ten 
(10) calendar days of receipt of the notice of his/her displacement, which 
ever date is later.

	B.	Newly Constructed High School Building:  All staff in the 
high school building that will be closed to create a “new” high school 
building that are not impacted by a Reduction in Force per Section 6.08 of 
the Agreement shall be assigned to the same subject area assignment in 
the “new” high school as assigned prior to the move.  However, if not enough 
positions exist in a particular subject area in the “new” high school to 
accommodate all teachers previously assigned, reassignments shall be made 
outside of the prior subject area according to seniority and certification.

	C.	The provisions of Section 6.035 A. do not apply to the 
positions identified in Section 6.031 c. of the Agreement.  Employees working 
in these positions shall be assigned to a building(s) by his/her immediate 
supervisor.

	D.	Assignments may be made at variance with Sections 6.035 A. 
and/or 6.035 B. if it is necessary to prevent another bargaining unit member 
from losing employment.

	E.	After completion of the initial staffing of a newly 
constructed/renovated building, the provisions of Section 6.035 A. and/or 
6.035 B. shall cease to have effect.  Subsequent openings in the affected 
building shall be filled according to the provisions of Sections 6.031, 
6.032, 6.033, 6.034, or Section 6.05 of the Agreement.

	F.	Teachers shall be provided at least the equivalent hours of 
one (1) full school day of time in the work day to pack for the move to 
a “new” K-8 building and at least the equivalent hours of one (1) full school 
day of time in the work day to unpack in the “new” K-8 building.  It is 
understood this time may take the place of an early release day or other 
activity.

	G.	In the event unforeseen issues arise in the staffing of 
a “new” K-8 and/or High School Building, those issues shall be referred to 
the Joint Ad Hoc Committee on Staffing for discussion and resolution.  The 
decision of the Committee shall be binding on all parties and shall not be 
the subject of a grievance under the provisions of the Agreement.

	H.	The reintroduction of previously displaced teachers to one of 
the “feeder” elementary or Middle Schools, as provided for in Section 6.033 
E. of the Agreement, will take place in conjunction with the move to 
the “new” K-8 buildings.  Any individual with previously displaced teacher 
status to a “feeder” building shall retain such status in the newly opened K-
8 building.

6.04	Employment of Retired Teachers:  Any successful applicant for a 
vacant bargaining unit position who is retired under the State Teachers 
Retirement System of Ohio, or who will be retired into STRS prior to the 
first day of instruction, shall be treated as a newly-hired teacher in the 
district with respect to contract status, salary, benefits, seniority, and 
all other aspects of employment. To the extent this Section of the Agreement 
is in conflict with ORC § 3319.11, this Section shall take precedence.

6.05	Certificated/Licensed Vacancies

	6.051	Vacancy is defined as any certificated/licensed position or 
supplemental position in the school district which is newly created, or which 
has been occupied and for whatever reason it becomes no longer occupied and 
the Superintendent, in his/her discretion, decides the position is to be 
continued and filled.  The exception to this definition shall be any position 
adjustment that occurs after the start of instruction that is caused by a 
fluctuation in student enrollment.
	6.052	Posting Procedures:  Vacancies shall be posted as provided 
herein for at least five (5) work days. The notice shall clearly set forth a 
description of the qualifications for the position, including duties, salary 
ratio, and procedure for application. Each member of the bargaining unit 
submitting an application within the proper time frame and meeting the 
required job certification/licensure for the posted vacancy shall be granted 
an interview.

		6.0521	Any objection by the Association or an employee for 
failure to post a certificated/licensed vacancy, or 
administrative/supervisory position opportunity shall be made to the 
Executive Director of Personnel prior to the Board meeting at which 
employment action is to be taken. Failure to post said positions shall 
require the Board to post prior to filling the position; this shall be the 
only remedy for failure to post.

	6.053	Schedule for Posting of Vacancies: 

		6.0531	First day of Instruction through May 1:  Subject to 
the exception stipulated in Section 6.051 of the Agreement, all newly created 
vacancies including but not limited to regular, and/or supplemental positions 
along with administrative/ supervisory position opportunities that occur 
during the school year shall be adequately published by being posted in all 
buildings.

		6.0532	Effective May 1 through June 1:  All positions not 
filled by voluntary transfer, involuntary transfer, and/or completion of the 
displacement procedure shall be posted on a weekly basis as vacancies occur 
until June 1. The Executive Director of Personnel shall issue a generic 
posting(s) for positions that might become available over the summer months 
on the last day of instruction.  Applicants for the generic posting(s) shall 
be as specific with regards to building, grade level, and/or subject area 
assignment as the generic posting indicates.

	6.0533	Administrative/Supervisory Vacancies: All 
administrative/supervisory position opportunities that are identified as 
vacancies shall be posted throughout the entire year. During the summer 
months when school is not in session, all members of the bargaining unit 
shall be notified of any administrative/supervisory position opportunities by 
regular U.S. Mail.

	6.0534	Vacancy in an Existing Position or an Additional Position 
after the Beginning of the School Year:  Notwithstanding the right of a 
displaced bargaining unit member as identified in Section 6.033 C., any 
position which existed as of the first day of instruction that becomes vacant 
after the start of the school year or is added after the first day of 
instruction shall be filled by the most senior bargaining unit member who is 
on the recall list provided he/she possesses the proper 
certification/licensure.

		Any bargaining unit member on the recall list who possesses 
the proper certification/licensure for the vacancy and declines the position 
will not lose his/her recall rights.

		The District may, absent a properly certified/licensed 
individual on the recall list or if there is a properly certified/licensed 
individual on the recall list and said individual declines the vacancy, hire 
a new employee, or if after the start of the second semester, hire a 
substitute to fill the vacancy for the remainder of the school year.

		Positions filled under this Section of the Agreement shall be 
posted by April 1, and shall be made available to all bargaining unit members 
for the subsequent school year through a voluntary transfer per Section 6.031 
of the Agreement.

	6.054	Teaching positions in summer school and night school will be 
filled first by properly certificated/ licensed teachers regularly employed 
in the school system.

	6.055	Application for night school or summer school, or other 
educational programs requiring teachers, shall be made directly to the 
Executive Director of Personnel.  The decision of the Board on such 
applications and filling of such vacancies shall be final.

	6.056	Notice shall be given to each applicant that:

	a.	He/she has been appointed.
	b.	Possibility of appointment at a later date.
	c.	He/she will not be appointed.

	6.057	When applications for extended school instructors' positions 
exceed the positions available, the best qualified applicant shall be 
selected.  The applicant's area of competence, major or minor field of study, 
quality of teaching performance, years of service, and prior service in 
extended educational instruction shall be considered.

	6.058	The Superintendent shall have the right to determine the 
final placement of any and all teachers and/or promotional placements in 
administrative and supervisory positions.

 
6.06	Contracts of Employment

	6.061	Individual Contract:  All teachers employed by the Board 
shall be issued written contracts in accordance with the Ohio Revised Code. 
Such contracts shall include the following information:

	a.	Name of teacher.
	b.	Name of the school district and Board of Education employing 
said teacher.

	c.	The number of years contract is to be in effect.
	d.	Annual compensation (schedule and step).
	e.	Teacher agreement that he/she shall abide by Board adopted 
policies.

	f.	Provision for signature and date of signature of the teacher 
being contracted.

	g.	Any provisions called for by the terms of this contract. 

	6.062	Salary Notices:  Teachers employed by the Board shall be 
issued written notices of salary in accordance with the Ohio Revised Code.  
Such notice of salary shall include the following information:

	a.	Name of teacher.

	b.	Name of the school district and Board of Education employing 
said teacher.

	c.	Annual compensation (schedule and step) to be paid for the 
period of the notice.

	6.063	Between May 1st and July 10th, a letter of resignation may 
not be withdrawn once it has been submitted to the Superintendent or Office 
of Human Resources.

6.07	Evaluation:  This evaluation procedure will supersede the evaluation 
procedure found in Ohio Revised Code 3319.111.

	6.071	Objectives:  The main purpose of any evaluation is to aid 
teachers in improving the quality of instruction and to encourage the pursuit 
of excellence.  With this purpose as the main principle of any procedure, the 
objectives listed below shall be followed by the evaluator:

	a.	To recognize superior teaching performance.

	b.	To encourage teachers to continually reassess their 
instructional effectiveness.

	c.	To provide the school district with quality control 
assessment for use in what constitutes a promotion, reassignment, and teacher 
contract renewal/nonrenewal.

	d.	To provide leadership and assistance to that teacher needing 
performance improvement.

	e.	To provide a data file for potential use in referrals to 
other educational or employing agencies. 

	6.072	Evaluators:  Building administrators will direct and control 
the formal evaluation of professional personnel in their building.  The 
delegation of this responsibility should only be to another administrator in 
the building to which the teacher is assigned, or to a central office 
administrator.

		This delegation of authority does not relieve the building 
principal of his/her responsibility for evaluation.

	6.073	Definitions of Evaluations: 

	a.	Formal Evaluation is a process of conferences and 
observations which culminates in the written evaluation which is filed with 
the principal, teacher, and Superintendent and/or designee.

	b.	Informal Evaluation is a process of conferences and 
observations initiated by either teacher or administrator that could 
culminate with a written report filed with the principal, teacher, and 
Superintendent and/or designee.

	6.074	Sources of Formal Evaluation Data: 

	a.	Classroom observations announced or by teacher invitation.

	b.	Required Evaluator/Teacher Conferences should occur prior to 
first classroom observation, following each observation, and prior to filing 
the written evaluation. This shall not preclude a written evaluation being 
finalized at the last post-observation conference. Evaluator/Teacher 
conferences are recommended prior to and following all other observations.

	c.	Additional evaluations by another administrator of this 
system, (e.g. Special Education, Vocational Education, etc.) may be a part of 
this observation/ evaluation process.

		Mechanical devices will be used only with the teacher's full 
knowledge and consent.  Disposition of the data from such device would also 
be with the teacher's full knowledge and consent.  Only those specific forms 
developed by the Evaluation Committee and contained in the “Evaluation 
Procedures and Forms” booklet shall be used.

	6.075	Formal Evaluation Procedure: 

	a.	In the formal evaluation procedure a conference between 
teacher and evaluator should be held prior to the initial classroom 
observation to discuss evaluation procedures including the observation report 
and the evaluation instrument.

	b.	Schedule of Classroom Observations:

		1.	First and Second Year Teachers (to the Warren System)

			Two observations completed by January 15 - the first 
observation shall be during the first nine (9) weeks of the school year and 
the second observation completed by January 15 - The evaluator shall provide 
to the teacher a written observation report for each observation. The first 
evaluation shall be completed by January 15, with the written evaluation 
instrument being provided to the teacher on or before the fifth work day 
after January 15.

			Two more observations shall be completed between 
January 16 and April 1 - The evaluator shall provide a written observation 
reports to the teacher for each observation.  The second evaluation shall be 
completed by April 1, with the written evaluation instrument being provided 
to the teacher on or before the fifth work day after April 1.

		2.	Third Year or More Teachers

			Two scheduled observations during the course of the 
school year - it is recommended that one take place during the first semester 
and the second prior to April 1 - make written observation reports and 
complete evaluation instrument by April 10. 

			Bargaining Unit members with three (3) or more years 
in the Warren System shall be evaluated every other year. Any 
certificated/licensed employee evaluated on a yearly basis shall be given 
specific written reasons. Any certificated/licensed employee may request, in 
writing, to be evaluated on a yearly basis.

	c.	A conference should be held within five school days but no 
later than ten (10) school days following the formal classroom observation at 
which time the written observation report will be presented to the teacher 
and discussed.

	d.	The final written evaluation instrument will be discussed 
with the teacher prior to being filed with the principal, Superintendent 
and/or designee and teacher.  The teacher may respond in writing as part of 
the formal observation.  The teacher's signature on the instrument does not 
necessarily mean agreement with the contents.

	e.	Teachers shall be given reasonable opportunity to correct 
deficiencies per Section 6.077 c. of the Agreement.

	f.	Any teacher on a PIP shall, at a minimum, be evaluated in 
accordance with the formal procedure for first and second year teachers for 
each full evaluation period while on the PIP.

	g.	Except for instances of serious misconduct such as theft, 
assault of a student, or other serious misconduct that exhibits a flagrant 
disregard for the mission of the school district, a teacher shall have the 
opportunity to work under a PIP for a minimum of one (1) full semester, prior 
to the Board notifying him/her of their intent to nonrenew the teacher for 
performance.

6.076	Observations and Informal Evaluation Procedures: 

	a.	Informal observations may take the form of verbal/written 
communication or the use of the observation report and/or the evaluation 
instrument. 

	b.	Informal evaluations and/or observations may culminate with a 
written report filed with the principal, teacher, and Superintendent.  Said 
report may be used as a basis for generating a PIP, and subject to Section 
6.075 b. 2. g. may be considered in a nonrenewal decision.

	6.077	Guidelines for the Class Observation Report/Formal Evaluation 
Procedure: 

	a.	The majority of the observation reports shall be based on 
visits of a full class period/one complete lesson and others of thirty 
minutes' duration.

	b.	The focus of the observation report shall be objective.  Any 
judgmental comments will be substantiated. 

	c.	For any occurrence the evaluator believes needs improvement, 
a specific written recommendation should be given.  Said recommendation shall 
take the form of a Performance Improvement Plan (P.I.P.) developed in 
accordance with the guidelines contained in the “Evaluation Procedures and 
Form” booklet.

	d.	Any observation report should be discussed by the teacher and 
evaluator within five (5) school days but no later than ten (10) school days 
following the classroom observation. 

	e.	A teacher may attach any written comments to the report 
regarding any differences of opinion that exist.

	f.	After the report has been discussed and signed by both the 
teacher and evaluator, one copy of it will be given to the teacher, one kept 
by the evaluator, and one to the Superintendent and/or designee.

	6.078	Evaluation Committee:  Notwithstanding the evaluation process 
in 6.071-6.077, an ongoing committee shall be maintained over the life of the 
Agreement to review and analyze the District's evaluation system. The 
committee will look at and explore as many alternatives as the committee 
believes will be useful to ensure the continuation of an effective evaluation 
process.  Any recommendations will be brought back to the Board and the 
Association for mutual agreement and ratification.  Annually the committee 
will review, and update if needed, the “Evaluation Procedure and Forms” 
booklet for distribution to certified/licensed staff.

		The committee will be composed of four (4) Warren Education 
Association members appointed by the WEA President and four (4) administrator 
members appointed by the Superintendent or designee.  The committee shall 
have one co-chair from the Association and one from the administration.

6.08	Reduction in Staff Procedure

	6.081	Scope of Procedure:

	a.	The following procedures shall govern the reduction of 
Bargaining Unit members made necessary through decreased enrollment of 
pupils, return to duty of regular teachers after leaves of absence, or by 
reason of suspension of schools, or territorial changes affecting the 
district, changes in programmatic needs of the district (no more than 15 
members per year), or lack of funds.  For the purpose of this Section, "Lack 
of Funds" shall be defined as when the District is compelled to borrow over 
the year end (invade the spending reserve) to balance the budget, or when 
grant funding is reduced or not renewed.  When grant funding is reduced or 
not renewed, the resulting reduction in force shall be limited to the number 
of positions (full time equivalent) funded by the specific grant funding.

	b.	Reduction Floor – Effective 6/29/06:  Notwithstanding the 
ability to reduce staff under Section 6.081 a., members of the bargaining 
unit may not be reduced below an absolute floor of 425.

	b.	Reduction Floor – Effective 6/30/06:  Notwithstanding the 
ability to reduce staff under Section 6.081 a., members of the bargaining 
unit may not be reduced below an absolute floor of 400.

	6.082	Attrition: 

	a.	Subject only to the exceptions contained herein, the number 
of persons affected by a reduction in force will be kept to a minimum by not 
employing replacements for teachers who die, retire, or resign, or whose 
limited contracts are not renewed on the basis of performance.

	b.	The employment of replacements for some positions may be 
necessary in the event that teachers in the system do not possess the 
necessary certification/licensure.

	6.083	Seniority:

	a.	1.	Whenever it becomes necessary to implement RIF 
procedures relative to certificated/licensed employees, seniority and areas 
of certification/licensure shall be the exclusive criteria in determining 
suspension of contracts in all cases, except as provided for in 6.083-h. of 
this Section.

		2.	Individuals who are employees on September 1, 1988 (9-
01-88), or prior thereto and are serving or who have served in an 
administrative position shall be granted bargaining unit seniority for all 
years of continuous service in the Warren City School District.  Length of 
continuous service will not be interrupted or affected by authorized leaves 
of absence or placement on the recall list. 

	3.	Employees whose initial employment to an administrative 
position occurs after September 1, 1988 (9-01-88) shall be granted bargaining 
unit seniority only for those years of service earned while a member of the 
bargaining unit.  Length of continuous service will not be interrupted or 
affected by authorized leaves of absence or placement on the recall list.

	b.	For purposes of reduction in staff, any and all 
certificated/licensed teachers who are certified/licensed in more than one 
area of certification/licensure shall be placed on each and every seniority 
list for which they have proper certification/licensure.  The exclusive 
criteria for a reduction in force shall be seniority within an area of 
certification/licensure, with the exceptions provided for in 6.083-h. of this 
Section.

	c.	Consistent with the provisions of 6.083-a above, exceptions 
to preferences for retention based on seniority may be made when it is 
necessary to do so in order to comply with State and Federal laws relating to 
employment with the aforesaid 6.083-a.

	d.	Seniority shall be determined by the length of continuous 
service in the District. Length of continuous service will not be interrupted 
or affected by authorized leaves of absence or placement on the recall list.  
If two (2) or more teachers have the same length of continuous service, then 
seniority will be determined by:

		1.	The date of the Board meeting at which the teacher 
was hired, and then by:

		2.	The date the Board's job offer was accepted in 
writing, and then by:

		3.	The date on which the teacher submitted a completed 
job application.

	e.	Teachers whose contracts are suspended shall immediately be 
placed upon a RIF list compiled from the seniority lists provided for in 
6.083-b. above.  Teachers on the recall list shall be offered re-employment 
to positions for which they are certified/licensed in the order of seniority 
at the time of contract suspension.  A teacher reinstated after having their 
contract suspended pursuant to the RIF procedure, shall have seniority 
restored for the period during which they are on the recall list.  No new 
teachers shall be employed by the Board while there are teachers on the 
recall list who are certified/licensed for any opening of a teaching position.

	f.	Notice of recall shall be given by telephone, telegram, or 
registered mail to the last telephone number or last address given by the 
teacher to the Board. It shall be the responsibility of the teacher to keep 
the Board advised in writing of a telephone number and mailing address at 
which he/she can be reached.

	g.	Teachers shall be notified on or before April 30 that their 
contracts are being suspended for the next school year. They shall be offered 
reinstatement based upon seniority should openings occur for which they have 
the necessary certification/licensure during the period that they are on the 
recall list.  Limited contract teachers placed on the recall list and not 
recalled shall remain on the recall list for 48 months beginning September 1, 
or any additional fraction of a month thereof up to and including the first 
day of the fifth school year following notification of RIF. Teachers who are 
offered but who decline reinstatement for such an opening need not be offered 
reinstatement again in openings which may occur after the teacher's 
declination of reinstatement. Teachers not offered reinstatement during the 
period for which they remain on the recall list as defined in this Section 
must make application for employment in accordance with established 
procedures if they desire to be considered for employment any time after 
which their name is removed from the recall list. Such teacher shall be hired 
as a new employee due to a break in continuous service and shall be granted 
seniority as a new employee.  The rights herein granted to a teacher with a 
suspended contract shall be forfeited by the teacher should he/she:

		1.	Waive his/her recall rights in writing;

		2.	Resign;

		3.	Fail to accept recall as provided for herein; or

		4.	Fail to report to work in a position that he/she has 
accepted within five school days after receipt of the notice of recall, 
unless such recalled teacher is prohibited from doing so because of physical 
illness or injuries.

	h.	Although not eligible for assignment to the Head Start/Day 
Care Program, teachers who are displaced because of reduction in force may 
apply for positions in those programs and will be considered for employment 
based upon their qualifications and Head Start/Day Care guidelines. Among 
those who apply and qualify, the teacher(s) with the most seniority shall be 
employed.

		Staff members hired or assigned in the Head Start/Day Care 
Program prior to June 30, 1983, and staff members hired prior to June 30, 
1983 and assigned to the Head Start/Day Care Program subsequent to July 1, 
1983, shall maintain seniority for RIF purposes in accordance with Article 
VI, Section 6.08 of this Contract.

		Staff members hired after July 1, 1983 into the Head 
Start/Day Care Program shall have seniority for RIF purposes only within this 
program. This seniority within the Head Start/Day Care Program shall be 
determined by length of continuous service within this program. Length of 
continuous service shall not be interrupted or affected by authorized leaves 
of absence, or placement in a RIF'd position. If two (2) or more teachers 
have the same length of continuous service, then seniority will be determined 
by:

		1.	The date of the Board meeting at which the teacher 
was hired; and then by

		2.	The date the Board's job offer was accepted in 
writing; and then by

		3.	The date on which the teacher submitted a completed 
job application.

	i.	The wording provided in 6.083-h. above is to be interpreted 
as follows:

		1.	During a reduction in force, regular teaching staff 
cannot bump into the Head Start/Day Care Program.

		2.	Staff members employed in the Head Start/Day Care 
Program as of July 1, 1983, retain Warren City Schools' seniority.

		3.	Staff members as of July 1, 1983, who in the future 
qualify and are assigned to the Head Start/Day Care Program, retain Warren 
City Schools' seniority.

		4.	New staff hired into the Head Start/Day Care Program 
after July 1, 1983, only have Head Start/Day Care seniority and have no other 
seniority within the Warren City Schools staff.

	j.	On or before December 31 of each school year, the 
Superintendent shall provide the bargaining agent with a list showing the 
seniority of each teacher then employed by the Board.  Copies of the list 
shall be made available to all principals and all staff rooms on or before 
January 15 annually.  Each teacher will be notified that the list is 
available and must be examined for accuracy.  A teacher who believes his/her 
seniority is inaccurate must present the matter as a grievance.

	k.	Voluntary surrender of an area of certification/licensure, or 
intent to not renew a certificate/license.

		1.	The deadline for notifying the administration in 
writing of the teacher’s desire to voluntarily surrender an area of 
certification/licensure, or the teacher’s intent to not renew a 
certificate/license for the succeeding school year is November 15.

		2.	Failure to timely notify the administration in 
compliance with this section may result in the teacher being placed on the 
RIF list for the following school year. The seniority list is official 
notification of those teaching areas for which a teacher will be 
certificated/licensed during the succeeding school year.

6.09	Length of School Year/School Day

	6.091	School Year:  The length of the school year shall consist of 
184 total days plus twelve (12) hours of Professional Development during each 
school year as follows:

	A.	180 pupil contact days, which may include Parent-Teacher 
Conference Days equal to two (2) full days

	B.	Four (4) non-teaching days:

		1.	The first day of the school year shall be composed of 
the following:

		a.	Not to exceed one (1) hour for an Association meeting 
in the A.M.

		b.	Not to exceed two and one-half (2.5) hours for a 
building meeting.

		c.	The remainder of the day shall be available for 
individual preparation for at least two and one-half (2.5).

		2.	Two (2) Workshop Days

		3.	Clerical Day

		184 total days plus twelve (12) Professional Development 
hours as referenced above for the school year.  NEOEA Day shall be a 
scheduled, unpaid day in the school calendar, except that the District agrees 
to provide a full schedule of Professional Development programming on that 
day in addition to NEOEA workshops related to professional responsibilities 
with students (excluding trips) which teachers may choose to attend in order 
to fulfill up to six hours of Professional Development.  If attending an 
NEOEA Workshop, the teacher shall provide a certificate of attendance stating 
the program attended and the number of hours included.

	C.	Professional Development:  The WEA and the Board recognize 
that, as amended, the Teacher Licensure Law and regulations, which provide 
the requirements for obtaining, renewing and upgrading teachers' 
licenses/certificates, have significantly increased both the costs and the 
need for coursework, continuing education units, and other equivalent 
professional development activities. In recognition of these factors the WEA 
and the Board agree as follows:

		1.	Each teacher shall be offered the opportunity to 
attend twelve (12) hours of Professional Development training at his/her per 
diem rate during each school year of the Agreement.  For first year teachers 
employed in the Warren City School District, except those rehired after 
retiring from the Warren City School District, the twelve (12) hours will be 
prescribed by the district according to their teaching assignment. 
Furthermore, during their first year of employment, all newly hired teachers 
must participate in a professional development workshop regarding child abuse 
prevention, or provide written verification of previous attendance at such a 
workshop.  The district shall provide a child abuse prevention workshop at 
least once during each year of the Agreement.

		2.	The administration shall be responsible for making 
district-based professional development opportunities available to teachers 
who choose to take advantage of the opportunity for paid professional 
development. The administration shall develop a Professional Development 
training schedule (no later than June 1 of the preceding school year) from 
which teachers may choose.  The Professional Development Schedule shall 
include a more than sufficient number of options to allow every teacher to 
complete the required number of hours of professional development.

		3.	Continuing Education Unit (CEU) credit may be granted 
through the Warren LPDC toward certificate/license renewals for courses 
offered through this program, provided that the appropriate forms are 
completed and submitted to the WLPDC.

		4.	The Administration shall schedule professional 
development workshops on a flexible calendar in an effort to accommodate 
teachers' diverse schedules and to maximize the options available to teachers 
in scheduling professional development activities after school hours, but 
within the school year.

		5.	Teachers shall not be penalized in the event the 
administration fails to provide Professional Development programming.

		6.	Compensation for the twelve (12) Professional 
Development hours has been rolled into the base and shall be paid as part of 
the teacher's regular salary. Teachers employed less than full time and/or 
those employed after the beginning of the start of instruction shall be 
permitted to complete a prorated portion of the twelve (12) hours.  However, 
teachers shall annually be required to provide the Executive Director of 
Personnel with certification of attendance for any Professional Development 
hours that he/she has completed. The certification must be provided on or 
before the first work day of May for each year of the contract.  Teachers 
who, for whatever reason, elect not to participate in the District's 
Professional Development programming and/or teachers who fail to provide the 
required attendance certification in a timely fashion shall be subject to 
payroll deductions, but only for the portion of the Professional Development 
hours not completed or timely verified. (Any lost certificates must also be 
reported to the Executive Director of Personnel by the first work day in May 
in order to be timely. Teachers are responsible for obtaining duplicate 
certificates.)  Such deductions shall be made in two (2) equal installments, 
one each during the months of July and August of the relevant contract year. 
Similar adjustments in pay shall be made in the event a teacher leaves the 
District before the end of the school year without completing Professional 
Development hours.

		7.	No teacher may use sick leave to substitute for 
Professional Development hours.

		8.	A teacher's decision not to participate in all or 
some of the Professional Development opportunities described in this section 
shall not be part of his/her evaluation nor shall he/she be disciplined on 
that basis.

		9.	Issues that arise during the implementation of this 
provision, including the ability to “bank” hours and carry them over into the 
succeeding school year, may first be discussed at Labor Management Meetings. 
Final decisions as to the implementation of Professional Development 
programming, including but not limited to presenters' credit and stipends, 
shall be by agreement of the parties.

		10.	Unless a teacher is ill, failure to attend three (3) 
registered workshops within a school year without a forty-eight (48) hour 
advanced cancellation notice may result in a pro-rated loss of pay.

 
	6.092	School Day:

	A.	The present school day which is 7 hours and 20 minutes for 
all schools, shall not be extended without the consent of the Association. 
The existing practice concerning building meetings outside the regular school 
day shall not be affected by this provision.

	B.	Whenever a school has parental involvement with concerts, 
open house, holiday or seasonal programs, family involvement activities, 
etc., teachers shall not be required to attend more than three (3) affairs of 
this type during the school year as determined by the building principals, 
although the Board and the Association encourage teachers to attend 
additional such programs and activities.

	C.	It is recommended that all certificated/licensed employees 
attend all scheduled PTA-PTO meetings during the school year.

	D.	Early Dismissal:  There shall be early dismissal of students 
on the last day of the first semester and on the last day of student contact 
of the school year.  The time of the early dismissal will be the maximum 
amount of time available which will allow fulfillment of the requirement for 
completion of a minimum school day and shall be made available to teachers to 
use for clerical and/or other recording keeping purposes.

	6.093	Lunch Period:  The school day shall include a daily, minimum 
thirty (30) minute, duty-free, uninterrupted lunch period.

	6.094	Planning/Preparation Time and Meeting/ Teaming Time:  A five 
(5) day school week shall include planning period(s) as follows:

	A.	High School - five (5) instructional periods.

	B.	Middle School - five (5) instructional periods.

	C.	Elementary School - Not less than forty-five (45) continuous, 
uninterrupted, duty free minutes per day during the instructional day.  
Elementary Specialists and Elementary Special Education Teachers may have 
individual planning time outside the regular instructional day to accommodate 
special scheduling needs of the building.

	D.	For All Teachers

	(1)	On two (2) weekdays as determined by the Superintendent, 
teachers shall have a block of twenty-five (25) minutes per day to be used as 
planning/preparation time outside of the instructional day.

	(2)	On three (3) weekdays as determined by the Superintendent, a 
block of twenty-five (25) minutes per day shall be reserved for 
meeting/teaming time outside the instructional day.  A teacher who does not 
have a meeting or teaming obligation to be accomplished during the twenty-
five (25) minute period, shall be afforded the time as teacher 
planning/preparation time.

6.10	Personnel Files

	6.101	Personnel File Inspection and Rebuttal Material:  All 
employees will be accorded the right to examine their personnel files and to 
make additions of pertinent rebuttal material in accordance with Section 1347 
Revised Code. There shall be no more than one (1) official personnel file 
maintained for each employee and such file shall be maintained in the Office 
of Human Resources.

	6.102	Restrictions:  The right to review letters of recommendation 
is excluded from the above provision.  No item from any anonymous source may 
be placed in the personnel file.

	6.103	Expunging Material from File:  Except for evaluations and 
letters of recommendation, all materials, at the request of the employee, 
shall be expunged after three (3) years of placement in the file. The 
expunged material shall be removed from the employee’s personnel file and 
archived in an “inactive file” awaiting destruction per the district’s 
records retention policy.

 
6.11	Substitutes

	6.111	The Board shall attempt to supply properly 
certificated/licensed substitutes for all elementary and secondary teachers 
including special education teachers, co-teaching or inclusion teachers, and 
special teachers of Art, Music, Physical Education, and computers/technology 
(provided they cover three or more teacher preparation periods on that day).  
In the event that no substitutes are available, the teacher assuming all or 
any part of the class, except while on administrative assignment, will 
receive the approved hourly rate (apportioned equally if a class is split 
between other teachers) for subsidiary teaching duties to a maximum of the 
daily base rate for substitute teachers.

	6.112	A teacher in a co-teaching or inclusion classroom setting 
will not be paid the hourly rate in the event a substitute teacher cannot be 
secured for an absence within their inclusion or co-teaching classroom 
setting.

6.12	Labor/Management Committee:  The committee shall be a forum to deal 
with issues of concern or interest to the parties to this Agreement.  The 
committee shall be composed of three (3) members of the Warren Education 
Association (one high school, one Middle School, and one elementary teacher) 
designated by the Warren Education Association President and three (3) 
administrators to be designated by the Superintendent for the purpose of 
discussing, not negotiating, these issues. The committee shall meet at 
mutually agreed upon times no less than once per month while school is in 
session.

	Within five (5) work days of each meeting, the committee shall file a 
report to the Superintendent stating its findings and/or recommendations.  
The Superintendent shall respond in writing to the committee within fifteen 
(15) work days.  A copy of all reports and responses shall be sent to the 
Warren Education Association President.

6.13	Noon Aides:  The Board shall provide sufficient noon aides for the 
supervision of noon extra duties (lunch and playground) in all elementary 
schools, grades kindergarten through fourth.  In particular, these noon aides 
shall relieve those teachers who normally had supervised the lunchroom and 
playgrounds during the regularly scheduled lunch period in order to provide 
teachers with duty-free lunch period. In the event of emergency absences of 
the aides and substitute aides, the classroom teachers may be requested by 
the principal to assume the duty. Teachers assuming this duty shall receive 
the approved hourly rate for the noon aide duties.

6.14	Teacher Tentative Assignment List:  The Board shall publish a 
tentative assignment list showing building, grade, and subject for each 
teacher prior to the end of the school year, it being understood that final 
assignment may have to be modified when and after student schedules are 
developed and the final needs of the system with respect to staff 
availability are known.

6.15	Continuing Contract Requests

	6.151	At its regularly scheduled meeting in October, January, and 
April, the Board will act upon all requests for continuing contracts which 
have been submitted by completing a Continuing Contract Request Form (see 
Appendix H).

	6.152	The administration's processing procedure to get requests to 
the Board shall not exceed six (6) weeks. In the event the six (6) weeks is 
exceeded, the request will be acted upon at the next regular Board meeting 
after the State processing is complete.

6.16	Mentor/Entry Year Program

	6.161	Definitions:

	a.	Mentor Teacher - a teacher who will provide performance-based 
assistance to an Entry Year teacher.

	b.	Entry Year Teacher - a teacher who possesses a temporary, 
alternative, or a two-year provisional certificate/license who will be 
provided performance-based assistance by a Mentor Teacher.

	c.	Performance-Based Assistance - is diagnostic and designed to 
yield information that will help teachers identify specific areas for skill 
enhancement. Performance-based assistance consists of collaboration among 
professionals to provide adequate diagnosis and assistance to support 
individual professional achievement.

	6.162	Mentor/Entry Year Committee:

	a.	An ongoing committee comprised of four (4) teachers appointed 
by the Association, and four (4) administrators appointed by the 
Superintendent, at least one of whom will be the Executive Director of 
Personnel, shall be maintained over the life of the Agreement.

	b.	The Mentor/Entry Year Committee shall annually review, and 
revise if needed, the guidelines and procedures of the Mentor/Entry Year 
program.  The Committee shall also act as a screening committee to select 
teachers who will act as Mentor Teachers.  Each committee member shall be 
paid at the approved hourly rate for subsidiary teaching duties. 

	6.163	Minimal Selection Criteria for Mentor Teachers:

	a.	To be considered as a Mentor Teacher, applicants must meet 
selection criteria, must be volunteers, must submit a written request for 
consideration to the screening committee, and meet any other guidelines set 
forth by the Ohio Department of Education.
	b.	The applicant must have a minimum of five (5) consecutive 
years of teaching experience in the district.

	c.	The applicant must be able to demonstrate quality teaching 
performance. Quality teaching shall be demonstrated via the resume of the 
applicant, the letters of recommendation provided by the peers of the 
applicant and district administrator(s), and the district evaluations of the 
applicant.  The applicant must be willing to waive, for purposes of this 
procedure only, the confidentiality of performance evaluations, in order for 
the screening committee to review the applicant's evaluations.

	d.	The applicant must hold a valid teaching certificate/license 
and must have teaching experience in the same general area of 
certification/licensure as the Entry Year Teacher, unless no qualified 
candidate to serve as the Mentor Teacher is available, or the Lead Mentor 
Teacher, a full-time Release Mentor Teacher or part-time Release Mentor 
Teacher would not have a full load of mentees.

	e.	A Mentor Teacher must be trained in Pathwise, or other program
(s) approved by the Ohio Department of Education.

	f.	A Mentor Teacher must participate in an ongoing schedule of 
professional development in mentoring strategies which are congruent with the 
observation and performance-based framework.

	6.164	Responsibilities:  The Mentor Teacher, in concert with the 
Entry Year Teacher, shall develop a performance-based assistance plan for the 
assigned Entry Year Teacher. Such plan shall include skill enhancement in 
those areas defined by the Pathwise Program or other programs approved by the 
Ohio Department of Education. In addition, Mentor Teachers shall provide 
professional development for Entry Year Teachers.

	6.165	Restrictions:

	a.	The jointly developed performance-based assistance plan shall 
not be developed or utilized as a remediation program.

	b.	No Mentor Teacher shall participate in any informal or formal 
evaluation of an Entry Year Teacher, nor make, nor be requested or directed 
to make any recommendation regarding the continued employment of an Entry 
Year Teacher.

	c.	All interaction, written or oral, between the Mentor Teacher 
and the Entry Year Teacher shall be regarded with the same confidentiality as 
that represented by the attorney/client relationship.  Any violation of this 
tenet by the Mentor Teacher shall constitute grounds for immediate removal 
from his/her role as Mentor Teacher.

	6.166	Protections:

	a.	Each Mentor Teacher, except those released full time and/or 
designated as the Lead Mentor, shall be evaluated on his/her regular cycle as 
defined in Section 6.075 b. of the Agreement. Any Mentor released full time 
and/or designated as the Lead Mentor shall be evaluated annually.

	b.	An Entry Year Teacher shall be held harmless in the event 
that the employer fails or refuses to certify the completion of the program.

	c.	A Mentor Teacher shall be held harmless in the event that an 
Entry Year Teacher fails or does not complete the Entry Year Teacher Program, 
or does not successfully complete Praxis III.

	6.167	Compensation:

	a.	Provisions shall be made for the release of each Mentor 
Teacher based on the selection of the program option identified in Section 
6.169 of the Agreement, and district needs.

	b.	In addition to the released time, the Lead Mentor and each 
Mentor Teacher shall receive a supplemental contract for six percent (6%) of 
the B.A. base salary.

	6.168	Lead Mentor:

	a.	The Mentor Committee shall select a Lead Mentor Teacher who 
will work to ensure that all Entry Year requirements are met, and who will 
facilitate the support to be provided to Entry Year Teachers, Mentors, and 
the Mentoring Team.  The Lead Mentor shall meet with district Mentors and 
Mentor/Entry Year Teacher teams to monitor, review and provide support for 
program activities, and to coordinate Professional Development 
opportunities.  The Lead Mentor shall be a member of, and required to report 
to, the district wide Mentor/Entry Year Committee.

	b.	The Lead Mentor shall cover classes when it is necessary to 
release district Entry Year Teachers and Mentors.  In addition, the Lead 
Mentor shall participate in regional support and networking activities 
coordinated through state designated service agencies (i. e. Educational 
Service Centers, Regional Professional Development Centers, Special Education 
Resource Centers), colleges and universities, professional associations, and 
community agencies.

	c.	The Lead Mentor Teacher may be assigned to work with up to 
seven (7) Entry Year Teachers.

	d.	The Lead Mentor Teacher shall be full time released from 
his/her teaching duties for a life time maximum period of three (3) school 
years. Upon completion of the three (3) year term, the Lead Mentor shall be 
returned to an open position for which he/she holds a valid 
certificate/license. At the option of the Lead Mentor, he/she may elect to 
return to the classroom before the completion of his/her three (3) year term, 
provided notice of his/her desire to return to the classroom is delivered to 
the Board on or before April 1.   The Lead Mentor shall have preference in 
the selection of an open position over teachers requesting a voluntary 
transfer and the selection by displaced teachers.
	6.169	Program Options:  Program options, including but not limited 
to a, b, and c, are available to the Board for Mentor Teachers depending on 
the number of Entry Year Teachers and the area of certification/licensure 
involved:

	a.	One Mentor Teacher to One Entry Year Teacher:  Provisions 
shall be made for the release of each Mentor Teacher under this Program 
option when necessary for specific mentoring duties.  The Lead Mentor can 
provide the classroom coverage needed to release the Mentor Teacher under 
this Program option, or coverage needs can be provided by alternate methods 
to be determined jointly by the building principal and Mentor Teacher.

	b.	Half Time Release of a Mentor Teacher:  A half time release 
Mentor Teacher may be assigned up to six (6) Entry Year Teachers. The half 
time release mentor teacher shall be assigned no more than three (3) classes 
at the High School, no more than three (3) classes at the Middle School, and 
no more than one half the instructional day at the elementary school. (Which 
half shall be determined jointly by the Mentor and the Principal.)

	c.	Full Time Release Mentor Teacher: A full time release Mentor 
Teacher may be assigned up to fifteen (15) Entry Year Teachers. The full time 
release mentor teacher shall be fully released from the classroom, but shall 
cover classes should it be necessary to release district Entry Year Teachers 
and Mentors.  No one may serve more than three (3) consecutive years in a 
full time release Mentor Teacher position. Upon completion of the three year 
program, or at the end of any one year provided notice of his/her desire to 
return to the classroom is delivered to the Board on or before April 1, the 
Mentor Teacher shall be returned to an open position. The Mentor Teacher 
shall have preference in the selection of an open position for which he/she 
is certificated/licensed over teachers requesting a voluntary transfer and 
the selection by displaced teachers.

	6.1610	Program Review/Revisions:  Mentor Teachers shall meet with 
the Entry Year Program Committee as a group prior to the end of each school 
year to assess and evaluate the program.  Recommendations shall be submitted 
in the form of a written report to the Association and the Superintendent not 
later than May 15.

		Association and Board representatives shall meet to discuss 
the recommendations prior to the next school year.  Any changes in the 
program must be mutually agreed to by the Committee established in Section 
6.162.

6.17	Job Security:  No member of the Bargaining Unit shall be adversely 
evaluated, disciplined, non-renewed, terminated or denied any professional 
advantage except for just cause.  Sections 6.171 and 6.172 apply to 
discipline only.

	6.171	Option of the Bargaining Unit Member:  Any bargaining unit 
member confronted with the termination of their employment contract by the 
Board shall have the option of challenge to said action by utilizing the 
provisions of ORC 3319.16 and 3319.161 or by utilizing the provisions of this 
Master Contract, but not both.  Should the bargaining unit member wish to 
utilize the provisions of this Master Contract to challenge said action, 
he/she must notify the Board of that decision within ten days of receiving 
notice that the Board is considering contract termination.

	6.172	Progressive Discipline: 

	A.	Informal Procedure:
	
		Informal Warning:  It is expected that most cases will be 
disposed of by an informal verbal warning without formal disciplinary action.

	B.	Formal Procedure:

		1.	Formal disciplinary action taken, except in cases 
requiring immediate suspension, shall be commensurate with the employee's 
offense, including the repetition of an action, without progressing to the 
next step.

		2.	The steps:

			a.	First Step - Written reprimand;

			b.	Second Step - Suspension(s) two (2) days with 
or without pay (Only the Superintendent shall have the right to suspend a 
teacher);

			c.	Third Step - Suspension(s) five (5) days with 
or without pay (Only the Superintendent shall have the right to suspend a 
teacher);

		d.	Fourth Step - Discharge (Only the Board of Education 
shall have the authority to discharge an employee).

	3.	Discharge shall be preceded by suspension, with or without 
pay, pending investigation and the completion of the due process procedure.  
A suspension may be converted to a discharge following investigation and the 
completion of the due process procedure provided an employee has been advised 
at the time of the suspension that discharge may follow. The suspension 
pending potential discharge envisioned in this paragraph is not the same as a 
suspension under paragraph (B)(2) or (C)(2) of this section, and may continue 
until the Board acts on a resolution to terminate the affected teacher’s 
contract(s).  If the suspension pending potential discharge does not result 
in discharge, the employee, unless otherwise agreed by the parties, shall be 
reimbursed for lost pay, if any.

	C.	Due Process Procedure: 

	1.	Except in cases requiring immediate suspension, no employee 
shall be disciplined without first having been given due process in 
accordance with the following procedure:

		a.	Notice of Allegation and Conference:  A written 
notice setting forth the allegations, which, if substantiated, could result 
in disciplinary action, shall be delivered in person and receipted or sent to 
the employee by certified mail. The notice shall include the time and place 
of a conference to discuss the allegations.
		b.	Conference:  The conference to discuss the 
allegations shall be attended by the employee, the employee's Association 
representative(s), and the Board's representative(s).  The conference shall 
be held no sooner than three (3) days nor later than ten (10) days following 
the employee's receipt of the notice of allegations or at the time and place 
mutually agreed upon by the parties.

		c.	Notification of Disposition:  The employee and the 
Association President shall be notified immediately by certified mail of the 
disposition of the matter. If a determination has been made to take 
disciplinary action, the notice of disposition shall include the disciplinary 
action to be taken and the reason(s) for the action.

	2.	In cases of immediate suspension, the written notice of 
allegations shall be presented to the employee within twenty-four hours 
following the suspension, and the conference shall be held as expeditiously 
as possible.

	D.	Privacy of Proceedings:  No employee shall be disciplined in 
the presence of other employees or in public.  To the extent provided by law, 
all matters herein shall be kept confidential.

6.18	Class Size

	6.181	Ratio - District Wide:

	A.	The ratio of teachers to pupils on a district-wide basis 
shall be at least one full-time equivalent classroom teacher per twenty-five 
(25) pupils in average daily membership.  Said ratio shall be calculated in 
accordance with Sections 3317.02 and 3317.023 of the Revised Code.

	B.	Adjustments at the beginning of the school year must be 
completed by the first Friday after the October count.

	6.182	Elementary Class Size: 

		a.	No regular class, Grades K-4, in the elementary 
schools, or K-8 schools, shall have more than twenty-eight (28) pupils 
without an educational aide being provided for the exclusive use of that 
teacher. No regular elementary class (K-4) shall exceed 30 pupils.

		b.	No regular class in Grade 5, whether housed in the 
elementary or middle school, or K-8 school shall have more than twenty-nine 
(29) pupils without an educational aide being provided for the exclusive use 
of that teacher. No regular class in Grade 5, whether housed in the 
elementary or middle school, shall exceed 31 pupils.

		c.	When a class size is such that it exceeds the limits 
set forth in this section and a solution is not available by transfer in the 
building where it occurs, the Executive Director of Personnel will have a 
twenty (20) working day period in which to cure the situation by some 
alternative action.

		d.	Special education pupils who spend more than half of 
their instructional time inside the regular class shall be counted in the 
calculation of class size in their regular class.

		e.	Elementary specialist teachers (art, music, physical 
education, and computers/ technology) shall meet with and teach students from 
one regular classroom teacher at a time.  Small classes of self-contained 
special education students may be combined into teaching groups of up to a 
maximum of twenty-five (25) students per group provided the elementary 
specialist agrees to the compatibility of the students.

	6.183	Middle School Class Size - Grades 6-7-8:   No regular class 
in grades 6-7-8 shall have more than thirty (30) pupils.

	6.184	High School Class Size:  No regular class in the High School 
shall have more than thirty-two (32) pupils, except Physical Education which 
shall have a limit of forty (40).

6.19	Class Load

	6.191	Middle School Class Load:  The administration may implement 
up to a seven (7) instructional period day with no activity period.  The 
structure shall be as follows:

	1.	No teacher shall teach more than six (6) periods per day.

	2.	All teachers shall have one (1) planning period per day.

	3.	Each teacher may have an administrative assignment each day 
in lieu of an instructional assignment.

	4.	During the first week of any grading period, the Principal 
shall attempt to correct imbalances in class loads.

	5.	Lunch period shall not be an instructional period.

	A.	Class Load Number - Grades 6-7-8:  No teacher in grades 6-7-8 
shall have more than one hundred fifty-five (155) students per day.

	6.192	High School Class Load:  The administration may select and 
implement up to a seven (7) instructional period day.  The structure of each 
shall be as follows:

	1.	No teacher shall teach more than six (6) periods per day. 

	2.	All teachers shall have one (1) planning period per day.

	3.	Each teacher may have an administrative assignment each day 
in lieu of an instructional assignment.

	4.	During the first week of any grading period, the Principal 
shall attempt to correct imbalances in class loads.

	5.		Lunch is not an instructional period.

	A.	Class Load Number:  No teacher in the High School shall have 
more than one hundred sixty (160) students per day in a six period day.  In a 
seven period day, teachers may have up to one hundred eighty (180) students.

	6.193	Block Scheduling--Middle School and High School:  The 
administration shall have the flexibility to utilize block scheduling.

		The class size shall not exceed the provisions of Section 
6.18 of The Agreement per block period, however, under block scheduling the 
class load shall be calculated by multiplying the number of periods in the 
block by the number of students in the class.

	6.194	Exemptions:

	a.	The standards listed in 6.191 and 6.192 shall not apply to 
the following:

		1.	Physical education 6th-7th-8th grades

		2.	Study hall (the number of students assigned to a 
study hall shall not exceed the number of seats in the room.)

		3.	Directed co-curricular activities

		4.	Community service courses

		5.	Instrumental music classes

		6.	Vocal music classes

	b.	The standards listed in 6.182 shall not apply to the 
following:

		1.	Directed co-curricular activities

		2.	Instrumental music classes

		3.	Vocal music classes

	c.	The standards listed in 6.183 and 6.184 shall not apply to 
the following:

		1.	Physical education Grades 5-8 at Middle School shall 
have a limit of forty (40) pupils.

		2.	Study hall

		3.	Directed co-curricular activities

		4.	Community service courses

		5.	Instrumental music classes

		6.	Vocal music classes

6.20	Implementation - Student Enrollment:  Class size will be based upon a 
student count taken at the end of the second full week in October and at the 
end of the second week of the second semester for the second semester classes.

6.21	Bureau of Criminal Identification and Investigation ("BCII"):  All 
bargaining unit members, new to the District shall be conditionally employed 
until the Board receives the results of a criminal records check from the 
Bureau of Criminal Identification and Investigation ("BCII").  The Board 
shall initiate the BCII check as promptly as possible, and in no case later 
than the next business day following Board approval of conditional employment 
of a teaching employee.  During that period of conditional employment, the 
new teaching employee shall be considered a member of the bargaining unit 
represented by the Association and entitled to all rights, benefits and 
obligations of employment, including the provisions of this Master Contract.  
If the report received from BCII indicates that the individual does not 
qualify for employment as defined in Revised Code 3319.39(B)(1), the 
individual shall be informed that he/she is being released immediately from 
conditional employment and the reason, i.e., the report from BCII, for the 
release. Any relief thereafter shall be pursued through the courts.

6.22	Shared Decision Making

	6.221	Definition:  Any collaborative model whereby decision making 
regarding some or all of the aspects of the school function is shared at the 
building level by the teachers and other stakeholders at the building. The 
final authority for the decisions in the predetermined areas rests with the 
group rather than with a single person.

		Shared decision making models have been labeled using terms 
such as: decentralization, site-based decision making, school based decision 
making, and participatory decision making to name a few.  The primary element 
of any shared decision making model must be that the group makes the 
decisions, not a single individual. The goal for shared decision making is to 
improve educational outcomes for students.

	6.222	Commitment:  The administration will provide training and in-
service to the administrative team that emphasizes the district’s commitment 
to shared decision making. This will include ongoing induction for new 
administrators.

		The Association will provide direction and guidance to its 
membership that emphasizes the Association’s commitment to shared decision 
making.  Particular attention will be given the unique solutions that shared 
decision making can produce at the building level.

	6.223	Development and Implementation:  The District and the 
Association will strive to encourage and facilitate shared decision making in 
the Warren City School District. The process of facilitation may entail the 
implementation and revision of guidelines and procedures for use in the 
buildings or a procedure for compiling data to support decisions.

		At least once during each school year, the Superintendent and 
Association President will meet to discuss the status/progress of shared 
decision making within the district.  As a result of said meeting(s) 
decisions may be made and/or actions may be taken that will assist with the 
facilitation of shared decision making within the district.

	6.224	Building Level Shared Decision Making Committee (SDMC):  The 
ultimate objective shall be to have a viable Shared Decision Making Committee 
(SDMC) in every building, but the decision to move forward with 
implementation rests with the affected staff and administration of each 
building.  Once a staff and administration decide to create a SDMC, 
representation shall reflect the needs and interests in the building. After 
the building jointly determines the number of teacher representatives, 
teachers and other stakeholders in the building shall select their 
representatives to the SDMC. The building level Shared Decision Making 
Committee may confer with the SDMC of another building for purposes of 
development and training.

		A liaison from each building committee shall meet at least 
once per semester with the Superintendent and Association President for the 
purpose of sharing information.  This shall be in addition to the meeting 
required by Section 6.223 of the Agreement.

	6.225	Consensus:  The building level SDMC shall determine what is 
sufficient consensus for decision making on noncontractual items and the 
methods by which consensus can be attained in the building.

	6.226	Limitations:  No aspect of a proposed shared decision making 
arrangement or decision may interfere with the centralized functions of the 
district.  Additionally, building level decisions that affect another 
building’s budgeting, staffing, use of other resources, or operations must 
include persons affected by the decision.

		No aspect of a proposed shared decision making arrangement or 
decision can be contrary to the terms of the Collective Bargaining Agreement, 
unless a waiver is obtained.  All waivers from provisions of this Agreement 
must have the mutual agreement of the Association and the Board and are 
applicable only to the building requesting the waiver.  The waiver must be in 
writing, and must specify the contractual provision waived, the nature and 
duration of the waiver, and the bargaining unit member(s) affected by the 
waiver. No waiver will be granted for more than one year.  The granting of a 
waiver to a building shall not diminish the provision(s) of the Collective 
Bargaining Agreement.

6.23	Petty Cash:  A petty cash fund shall be established in each building 
in an amount not to exceed two hundred fifty ($250.00) dollars per building.  
Such fund shall be used for the reimbursement of expenditures not to exceed 
forty ($40.00) dollars per occurrence.  In order for a teacher to be 
reimbursed for expenditures, prior approval must be obtained from the 
building principal.  Purchases that are to exceed forty ($40.00) dollars will 
not be eligible for reimbursement through petty cash and must be handled 
through the normal purchase order process.

	The Treasurer retains the right to discontinue the petty cash fund in 
any building which does not manage the fund according to appropriate 
audit/control procedures.

6.24	Local Professional Development Committee

	6.241	Definition/Purpose:  Pursuant to O.R.C. 3319.22(A) and O.A.C. 
3301-24-08  (Teacher Licensure Law and Regulations), a Warren Local 
Professional Development Committee ("WLPDC") shall be maintained over the 
life of the Agreement to review individual professional development plans, to 
approve certification/licensure renewals, to approve programs and requests 
for CEU credit, and to educate district personnel on WLPDC policies.

	6.242	Committee Members:  The WLPDC shall have six (6) teacher 
members appointed by the Association and five (5) administration members 
appointed by the Superintendent. Vacancies shall be appointed by the 
Association for teacher member vacancies and by the Superintendent for 
administrative vacancies. Whenever an administrator's plan is being discussed 
or voted upon, the WLPDC shall, at the request of one of its administrative 
members cause a majority of the committee to consist of administrative 
members by reducing the number of teacher members voting on the plan.

	6.243	Term of Office:  Each member of the WLPDC shall serve a three 
(3) year term, with the terms staggered to provide continuity.

	6.244	Compensation and Release Time:  It is intended that a 
majority of the work of the WLPDC will be accomplished by allowing release 
time for WLPDC members.  WLPDC members shall not receive any extra 
compensation for work during release time.  WLPDC teacher members working 
outside of regular work hours shall be compensated at the contractual hourly 
rate up to a total of forty (40) hours per teacher per fiscal year.  
Additional time may be granted upon the approval of the Superintendent.

	6.245	Board Support:  The Board will provide the WLPDC with meeting 
space, filing space, certificate/license tracking services and secretarial 
support. The WLPDC shall be allocated an appropriate budget as requested by 
the WLPDC and as determined by the Executive Director of Personnel.

	6.246	Committee Autonomy:  The WLPDC shall determine its own 
meeting times, governing rules and criteria for approval of individual 
education plans and training requirements for members.

	6.247	Appeals Process:

	a.	Any decisions made by the WLPDC may be appealed by the 
teacher or administrator first to the full WLPDC.  A teacher or administrator 
who disagrees with the decision of the WLPDC may then appeal to a three 
person panel consisting of one (1) district teacher/administrator selected by 
the teacher/ administrator, one (1) district teacher/administrator selected 
by the WLPDC, and one (1) district teacher/administrator mutually agreed upon 
by the teacher/administrator and the WLPDC.  The panel shall be composed of a 
majority of teachers for an appeal filed by a teacher or a majority of 
administrators for an appeal filed by an administrator.

	b.	Should the teacher/administrator and the WLPDC be unable to 
reach mutual agreement on the third panel member within thirty (30) calendar 
days of the filing of the appeal, the Superintendent and the WEA President 
shall develop a list of five (5) panel candidates.  The teacher/administrator 
and the WLPDC shall then use the alternate strike method to select the third 
panel member from the list.  The teacher/administrator shall strike first and 
third, while the WLPDC shall strike second and fourth.

	6.248	Evaluation of Services:  Other than a notation to the effect 
that a teacher served as a member of the WLPDC, the teacher's activities as a 
member shall not be part of his/her evaluation.

	6.249	Report of Activities:  By the close of each school year, the 
Committee shall submit a report of its activities, structure and plans to the 
Superintendent of Schools and the President of the Warren Education 
Association.

 
6.25	Provision of a Free Appropriate Public Education For Disabled Students

	6.251	District Obligations:  The WEA and the Board recognize that 
state and federal statutes and regulations require that disabled students be 
educated "to the maximum extent appropriate" with children who are not 
disabled by providing a special education, related services, and supplemental 
aids and services in the least restrictive environment.  In providing a free 
appropriate public education, the parties acknowledge that the needs of each 
individual disabled student will dictate the environment in which the child 
is educated and that each student's educational plan will be developed in 
accordance with his/her individual special needs.

	6.252	Factors in Determining Options:  Recognizing all statutory 
obligations, the continuum of options available to disabled students and the 
potential impact of these obligations and options in the regular classroom 
setting, the following factors will be considered:

	A.	The education benefits, both academic and nonacademic, 
available to a disabled student in the regular classroom setting and the 
disabled student's progress, with appropriate supplemental aids and services;

	B.	The effects and impact of the disabled student's inclusion in 
the regular education classroom setting upon the other children in the class, 
both positive and negative (e.g. unreasonable classroom disruptions or 
diversions of instructional time despite appropriate supplemental aids or 
services); and

	C.	The cost of necessary supplemental services.

	6.253	Rights and Responsibilities of Staff:  Any teacher directly 
involved in educating a student who is being served under an IEP or 504 plan, 
will be given a copy of the student's plan which will be clarified when 
clarification is needed. Said teachers will be given the opportunity to be 
present at the IEP/504 Plan team meeting to provide input and feedback in the 
development, implementation, or revision of that plan. Teachers are 
encouraged to seek assistance in implementing the plan. The IEP/504 plan will 
designate the individual to whom the teacher should go to discuss questions 
and concerns related to subsection (B) above or seek revisions or 
interventions. A teacher who has been directly involved for a reasonable 
period of time (a minimum of one grading period) in educating the student 
served on an IEP/504 Plan and believes the IEP/504 Plan needs modification to 
be appropriate for the student may request a meeting to review the IEP/504 
Plan. The meeting shall be scheduled within fifteen (15) working days from 
the date of the request. All affected parties shall be properly notified in 
accordance with state and federal law.

	6.254	Responsibilities of the District:  Recognizing that special 
classes, separate schooling, or removal of children with disabilities from 
the regular education environment may occur only when the nature or severity 
of the disability is such that education in regular classes with the use of 
supplementary aids and services cannot be achieved satisfactorily, the 
District will be pro-active in:

		1.	Exploring outside resources that will support and 
assist the affected teacher in providing education in the least restrictive 
environment;

		2.	Providing in-service training to teachers to assist 
in addressing the legal and educational needs of the disabled students in a 
regular classroom environment;

		3.	Exploring successful models of inclusive programs in 
a regular education environment for consideration and possible 
implementation; and 

		4.	Providing the individualized supplementary aids and 
services, including personnel, that may be necessary to provide instruction, 
medical procedures, or custodial care in a regular education environment.

	6.255	Annual Training:  The Board shall provide annually at least 
one (1) paid day at a per diem rate of training and/or staff development 
programs for employees whose duties are impacted by a disabled student.

 
6.256	Special Education Class Load: 

	A.	No special education unit shall have more than the maximum 
number of pupils permitted by the Rules for the Education of Handicapped 
Children or the Requirements Checklist (as required by the Ohio Department of 
Education). If the district will exceed pupil maximums of the Rules for the 
Education of Handicapped Children and will follow a program regarding student 
placement identified in the Requirements Checklist, the Association must be 
invited to participate in the background meetings occurring during the term 
of this Agreement, culminating in the Requirements Checklist.  The 
Association President shall annually be given a copy of the Requirements 
Checklist and the opportunity to meet with the Executive Director of Special 
Education to review those aspects of the Requirements Checklist and 
supporting documentation related to pupil maximums.  In the event such rules 
are amended during a school year, then appropriate adjustments will be made 
beginning at the start of the next school year. The WEA and the Board agree 
that changes will not be made during the middle of a school year.

	B.	The population of students with identified disabilities as 
part of a regular education classroom or specialists' classroom may not 
exceed instructional maximums for special education classrooms except in band 
and choir.

	6.257	Movement of a Special Education Classroom Unit:  A special 
education teacher and a core of his/her assigned students may be moved to a 
different school when a building is reconfigured, when a building is closed 
or when appropriate space limitations so require.

	6.258	Continuum of Special Education Services to Students with 
Identified Disabilities: 

	A.	Students with identified disabilities may be served in a 
variety of ways.  Not all methods will be used in any one building. All 
services shall be delivered in accordance with Model Policies and Procedures 
for the Education of Children with Disabilities.  Such methods may include 
but are not limited to:

		co-teaching using a Special Education (Intervention 
Specialist) teacher and a regular education teacher in the same classroom 
setting*;

		a floating special education (Intervention Specialist) 
teacher supporting and supplementing the inclusion efforts of the regular 
classroom teachers*;

		resource room (may include cross-categorical groupings of 
special needs children);

		consulting services by a special education (Intervention  
Specialist) teacher to a regular education teacher; and

		mainstreaming, where appropriate, so a general education 
teacher provides all services in a general education setting.

		*	With regard to scheduling of special education 
teachers at the middle school and high school level, reasonable efforts shall 
be made to take into account special education teachers’ areas of strength 
and necessary preparation time in the regular education curriculum.

	B.	No educational aide shall take the place of the services of a 
special education teacher.

	6.259	Nothing in this article should be considered in a manner 
inconsistent with federal or state laws governing the education of disabled 
students.

6.26	Newly Hired Teachers:

	6.261	All teachers new to the district, including those rehired by 
the district after retiring into STRS, must provide the following 
documentation to the Personnel Office within thirty (30) calendar days of the 
first day of instruction:

	Valid Ohio teaching certificate/license or acceptable proof of 
certification/licensure;

	Official transcript of all college coursework, including a copy of 
all degrees earned;

	Official verification of a current satisfactory TB test;

	Official verification of a current satisfactory doctor’s examination;

	If in the possession of the employee, a copy of a current BCII report;

	Copy of the employee’s valid driver’s license and social security 
card or birth certificate.

	6.262	Failure on the part of the employee to provide said 
documentation within the required time frame could result in the employer 
withholding 25% of the affected employee’s gross pay.  Said withholding could 
begin with the first pay after the 30th calendar day of instruction and would 
end with the first paycheck after the Personnel Office is in possession of 
all required documentation.  Any compensation withheld under this Section of 
the Agreement will be paid to the affected employee in the second paycheck 
after the Personnel Office is in possession of all required documentation.

6.263	Should an employee fail to provide the required documentation within 
forty-five (45) calendar days after the first day of instruction he/she may 
be suspended without pay until the Personnel Office is in possession of all 
required documentation.

6.264	For purposes of placement on the salary schedule, employees affected 
by Section 6.26 of the Agreement must provide the Personnel Office with 
official verification of all previous years of teaching employment before 
he/she can be credited with previous experience per Section 8.13 of the 
Agreement.  Any advancement on the salary schedule due the employee shall 
become effective once the Personnel Office is in possession of the required 
documentation and will be reflected in the next pay check due the affected 
employee.

6.27	Textbooks:  Teachers who have concerns about the adequacy of the 
supply of textbooks or instructional materials necessary to deliver the Board-
adopted curriculum should express their concerns to their building principal 
and follow up in writing.  If the matter is not resolved to the teacher’s 
satisfaction, the matter may be brought to the Superintendent.

6.28	Elementary and Secondary Education Act:  In an effort to make sure 
that all bargaining unit members are “highly qualified” for their current 
assignment, each bargaining unit member identified by his/her principal as 
having questions as to compliance must submit to the LPDC his/her plan for 
meeting the “highly qualified” requirements (the term “highly qualified” only 
denotes the requirements of the 2002 amendments to the Elementary and 
Secondary Education Act of 1965, 20 U.S.C. 6301, et seq. (ESEA) and similar 
provisions in the 2004 reauthorization of the Individuals with Disabilities 
in Education Act (IDEA).  Said submission should consist, where necessary, of 
documentation of meeting all “highly qualified” requirements.  If additional 
work is required, the LPDC will work with the teacher to develop his/her plan.

	For the purpose of the interim bargaining requirements announced in 
the case of State Employment Relations Board v. Toledo City School District 
Board of Education, SERB 2001-005 (10-1-01), the parties agree and stipulate 
that because the impact of the “highly qualified” requirements of the ESEA 
and the IDEA are not fully clear at this time, said “highly qualified” 
requirements are deemed to be enacted only upon their effective compliance 
date (i.e. beginning with the start of the 2006-2007 school year).

	Notwithstanding the Toledo decision, should the parties agree there 
is a need to bargain over the effects of the “highly qualified” requirements, 
in-term bargaining shall ensue.  If there is a dispute over the need to 
bargain, however, the question shall be submitted to binding arbitration.  In 
the event bargaining occurs under this Section, the parties agree to bargain 
in good faith.  Furthermore, the procedures set forth in Article II of the 
Agreement, shall govern said negotiations, except the negotiations period in 
Section 2.06 shall be thirty (30) days commencing from the date of the 
request to negotiate (or the arbitrator’s decision) and mediation shall be 
for a maximum of a two (2) week period. Factfinding shall be scheduled as 
soon as possible following mediation, preferably within two (2) weeks.  The 
Association shall have the right to strike and the Board the right to 
implement its’ final offer if no agreement is reached at the conclusion of 
the procedures outlined above.

 
6.29	Workplace Injuries/Worker’s Compensation/Return to Work:

	6.291	When an employee sustains an injury believed to be work 
related, he/she must report the injury as soon as possible to his/her 
immediate supervisor.  The injured employee must complete an Employee 
Accident Report.

	6.292	An injured employee who is off work must be on a leave, and 
may apply for any leave he/she qualifies for under Article V.

	6.293	The Board, the employee and the Association will meet to 
discuss the specifics of any transitional work plan proposed for an employee 
in advance of implementation.  If the Association does not object to the 
specifics of the plan, the Board may follow such plan.

6.30	Drug and Alcohol Program:

	6.301	Purpose:  Employees are the Board’s most valuable resource, 
and for that reason their safety and health is of paramount concern.  The 
Warren City Schools Board of Education maintains a strong commitment to its 
employees to provide a safe workplace and to establish programs promoting 
high standards of safety and health.  Consistent with the spirit and intent 
of this commitment, the board expects employees to report for work in proper 
condition to perform their duties.  One intent of this program is to prevent 
the use of or the possession of drugs and alcohol in the working environment 
or arrival at work with them in the employee’s system.  Use of these 
substances poses a serious threat to the health and safety of all employees.  
This provision is intended to allow the Board to adopt a policy and implement 
a program that complies with the minimum requirements for the Bureau of 
Workers Compensation’s Level 1 Drug Free Workplace Program.

	6.302	Employee Responsibilities:  Under this program, employees are 
responsible for the following actions:

	A.	Avoiding the use of, and any involvement with, illegal drugs;

	B.	Avoiding the use of alcohol while at work and controlling off-
the-job use of alcohol and other substances so as to ensure that such use 
does not adversely affect safety, productivity or job performance;

	C.	Using medication or prescription drugs only in accordance 
with prescriptions and physician’s directives;

	D.	Abiding by the terms of this program;

	E.	If convicted of violating a criminal drug statute based on 
actions involving illegal drugs that occur in the workplace, notifying the 
Office of Human Resources within five (5) calendar days of the conviction.

	6.303	Prohibitions:

	A.	Illegal Drugs:  The manufacture, use, sale, trafficking, 
purchase, transfer, distribution, dispensing or possession of any illegal 
drug by any employee while on duty, or on or about the District’s premises is 
prohibited and may result in disciplinary action (and may subject the 
individual to criminal prosecution).

	B.	Alcohol:  The unauthorized use of or intoxication by alcohol 
by an employee while at work may be subject to disciplinary action.  This 
does not attempt to regulate off-the-job alcohol use, except to the extent an 
employee comes to work under the influence of alcohol.

	C.	Medications:  In certain situations, an employee’s use of 
medication can pose a risk to the safety of the employee or to others.  If an 
employee’s use of any medication could adversely affect the safety of the 
employee, co-workers, students or members of the public; the employees job 
performance; or safe or efficient District operation, then the employee must 
provide his/her supervisor with a physician’s notice that specifies any on-
duty-related limitations resulting from use of the medication.  The knowing 
failure to provide such notice of work limitation may subject the employee to 
disciplinary action.

	D.	Discipline:  Discipline implemented for violation of this 
policy shall be considered on a case by case basis and is subject to Section 
6.17 of this Agreement.

	6.304	Employee Assistance:  It is the District’s intention to help 
any employee who has a substance-abuse problem in situations where the 
individual seeks assistance.  We will attempt to accommodate an employee who 
seeks and undergoes treatment and will attempt to protect the privacy of the 
individual.  An employee who seeks assistance for a problem with drugs or 
alcohol prior to any infraction of this policy will not be subject to any 
adverse discipline taken for seeking such assistance.  This does not protect 
the employee from disciplinary action for violation of the prohibitions in 
6.273.

		If you seek assistance for a problem with drugs or alcohol, 
contact the Director of Personnel about available counseling, rehabilitation 
and employee assistance.  An employee may also call toll free the national 
Institute on Drug Abuse Hotline at 1-800-662-HELP.

		Please do not hesitate to contact the Director of Personnel 
if you have any questions about employee assistance for a drug or alcohol 
problem.

	6.305	Drug and Alcohol Testing:  The following provisions are being 
established to ensure and maintain that the Warren City School District is a 
drug-free workplace.  There will be testing of current employees only if 
there is reasonable suspicion as defined in the BWC Drug Free Workplace 
Program that the employee is at work under the influence of illegal drugs or 
alcohol.  The Board’s policy will allow for testing under the following 
conditions:

	1.	Provide for the supervisor trained in the detection of 
alcohol and drug use, to order a drug screen and/or alcohol breathalyzer test
(s) immediately when there is reasonable suspicion that an employee has been 
using drugs or alcohol.

	2.	Drug or alcohol testing may be administered to any employee 
to determine their fitness for duty when there is reasonable suspicion to 
believe the employee may be unfit for duty.

	3.	A refusal to submit to a drug or alcohol test or engage in 
conduct that clearly obstructs the testing process shall be treated as a 
positive test.

	4.	The urinalysis procedure for obtaining the urine specimens 
will be done in accordance with an accredited procedure established by the 
provider of service.

	5.	Alcohol Breathalyzer Test:  The Superintendent or designee 
shall order the employee to report to the Warren Police Department or other 
certified provider for an alcohol test after the appropriate arrangements 
have been made, if there is reasonable suspicion that an employee is under 
the influence of alcohol.


ARTICLE VII	FRINGE BENEFITS

7.01	Insurances

	7.011	General Provisions: 

	a.	The Board agrees to provide at Board expense hospital, 
surgical, major medical, dental, prescription drugs and vision benefits for 
all full-time members of the Bargaining Unit and their dependents (see 
Appendix J).

	b.	The Board agrees to provide at Board expense, on a pro-rated 
basis, hospital, surgical, major medical, dental, prescription drugs and 
vision benefits for all part-time members of the Bargaining Unit and their 
dependents (see Appendix J).

	c.	A bargaining unit member whose effective date of employment 
or re-employment is the 1st through the 5th day of the month shall have their 
insurance benefits made effective the 1st of the month.  If the effective 
date is the 6th through the end of the month, the bargaining unit member’s 
insurance benefits shall be effective the 1st day of the next month.

	d.	The complete coverage is expected to be outlined in the plan 
booklet published by the carrier, and is expected to be distributed to all 
members of the bargaining unit.

	e.	Insurance coverage under Article VII will be continued 
through August for teachers whose limited contracts are suspended that year 
and who are eligible for re-employment with the Warren City Schools.

	f.	Upon receipt, the Warren Board of Education shall provide the 
bargaining agent with a comprehensive copy and each addendum for each of the 
aforementioned insurances.

	g.	Spousal Coverage:  

		(1) Notwithstanding Section 7.011(a) and (b) If an employee’s 
spouse is eligible to participate as a current employee or retire in group 
health, prescription drug, dental and/or vision insurance or coverage (other 
than Medicare) sponsored by his/her employer or retirement system 
(collectively referred to as “employer-sponsored group insurance coverage”), 
the spouse must enroll in such employer-sponsored group insurance coverage, 
or must pay $150 per month toward their family coverage in addition to any 
other payments otherwise due.  Upon the spouse’s enrollment in any such 
employer-sponsored group insurance coverage, that coverage will become the 
primary payor of benefits and the coverage sponsored by the Warren City 
Schools (WCS) will become the secondary payor of benefits for the spouse. 
This Spousal Coverage Section does not apply to spouses who are eligible for 
Medicare.

		(2)	If a spouse needs to wait for a window period as of 
July 1, 2005 in order to enroll in his/her other insurance, the fee will not 
begin until the window period.  If a spouse’s eligibility for coverage with 
employer-sponsored group insurance coverage is terminated, the spouse may 
return to Warren City Schools primary coverage without penalty.

		(3)	Every WCS employee whose spouse participates in the 
Warren City School’s group health, prescription drug, dental and/or vision 
insurance coverage shall annually and upon request complete and submit to the 
WCS, a written declaration (Spouse Eligibility Certification form) verifying 
whether his/her spouse is eligible to participate in employer-sponsored group 
insurance coverage.  If a completed form is not returned and received by the 
Benefits Insurance office by September 1 of any year, it will be assumed the 
spouse is eligible for and declined employer sponsored group insurance 
coverage and the $150 per month will be deducted from the employee’s salary 
on a nonrefundable basis until the form is provided.  If the form is 
requested at another time of year, it must be returned within thirty (30) 
days or, again, it will be assumed the spouse is eligible and declined 
employer sponsored group insurance coverage and the $150 per month will be 
deducted from the employee’s salary on a nonrefundable basis until the form 
is provided.  Once the form is provided, the monthly fee assessment will be 
in accordance with 7.011 (g)(1), above.

		(4)	Employees must timely notify the Warren City Schools 
Plan of a change in their spouse’s eligibility for employer-sponsored group 
insurance coverage.  Failure to timely notify is considered the equivalent of 
falsification of the certification form.

	h.	A committee consisting of representatives from the various 
bargaining units representing district employees shall be established by the 
Superintendent.  The Warren Education Association shall be represented on 
such committee by three (3) members, chosen by the WEA President.  The Board 
shall be represented by three (3) members, chosen by the Superintendent.  The 
purpose of this committee shall be to address the quality and cost of health 
insurance for all enrollees of any district health insurance plan.  The 
duties of the committee shall be to review and analyze all pertinent 
healthcare and health insurance information germane to the stated purpose of 
the committee and make recommendations regarding health insurance and 
healthcare systems for the district to the Superintendent and the Association 
Presidents.  If accepted by both the Superintendent and the Association 
Presidents, the recommendation(s) shall be binding during the life of the 
Agreement without the need for ratification.

		i.	The parties recognize that a provider can notify the 
Board of its intent to no longer make available certain coverage options. If, 
over the life of this Agreement, the Board receives notice that a provider 
will no longer make available any portion of the coverage provided in the 
Agreement, inclusive of Appendix J, the Board will convene the insurance 
committee to solicit bids from an alternative carrier(s). The committee shall 
seek to maintain the coverage as provided in the Agreement at the same or 
lower costs to the Board.  Should the committee be unable to meet this 
charge, the Board and the Association shall meet to bargain a change in the 
insurance coverage.  If thirty (30) days from the initial negotiation session 
have passed and a tentative agreement has not been reached, any unresolved 
issues shall be submitted to binding arbitration under the Expedited Labor 
Arbitration Procedures of the American Arbitration Association.  The 
arbitrators’ role, rather than contract interpretation, shall be to determine 
a resolution of the unresolved issues that is fair to all parties.  The costs 
of said arbitration shall be divided equally between the Board and the 
Association.

	7.012	Life Insurance:  During the term of this Contract, the Board 
shall provide group life term and accidental death and dismemberment benefits 
for all teachers.  The amount of life insurance and accidental death and 
dismemberment benefits shall be determined on the anniversary date of the 
present coverage.  The Board shall provide thirty thousand dollars ($30,000) 
of term life insurance and dismemberment benefits with the premium to be paid 
by the Board.

7.013	Dental:

	a.	During the term of this Contract, dental care coverage shall 
be provided for all teachers and their dependents. The dental plan shall be 
in accordance with the Ohio Medical Indemnity, Inc. endorsement of February 
1, 1977, as follows:

		1.	Dependent children to age 19, 23 (if full-time 
student).

		2.	Orthodontics for unmarried dependent children to age 
19.

		3.	Deductible amount payable by employee for each member 
of family:  $50

		4.	Percentage payable by Ohio Medical for orthodontics 
$1,000.00 maximum:  60%

		5.	Percentage payable by Ohio Medical for all other 
covered dental services and supplies:  80%

		6.	Maximum amount payable for each dependent child for 
orthodontics during dependent child's lifetime:  $1,000

	b.	The Board shall pay the premium for the dental plan for all 
teachers and their dependents.

7.014	Prescription Drugs:  During the term of this Contract, prescription 
drug coverage shall be provided for all teachers and their dependents who 
elect to receive such coverage. The Board shall pay the premium. The coverage 
shall be an “open” Formulary Plan (“open” shall be defined as prescriptions 
for both formulary and non-formulary drugs are covered, but at different 
levels of co-payment by the employee).  Generics shall be mandatory unless 
the patient has had a negative reaction to the generic medication or the 
physician requires a brand name formulary or non-formulary as applicable.  
The carrier shall establish the formulary list of drugs, and the employee co-
payments shall be as follows:

	Generic	$10 per prescription
	Brand Name - Formulary	$20 per prescription
	Brand Name - Non-formulary	$30 per prescription
	
Mail Order (90 day supply) Plan:
	Generic 	$20 per prescription
	Brand Name - Formulary	$30 per prescription
	Brand Name - Non-formulary	$50 per prescription

	7.015	Vision Care Insurance:

	a.	Vision care coverage shall be provided for all teachers and 
their dependents as per the specifications below.  The premium shall be paid 
by the Board.

	
 
In Network Benefits:

		1.	Examination 	One in any 
				12 month period

		2.	Lenses 	One in any 
			(if required)	12 month period

		3.	Frames 	One in any
			(if required)	24 month period

		4.	Exam Co-pay	$15.00

		5.	Materials Co-pay	$40.00

		6.	Wholesale Frame
			Allowance	$45.00

	Out of Network Benefits:

		1.	Examination 	One in any 
				12 month period

		2.	Lenses 	One in any 
			(if required)	12 month period

		3.	Frames 	One in any
			(if required)	24 month period

		4.	Exam	$35.00

		5.	Single Vision Lens	$25.00

		6.	Bifocal Lens	$40.00

		7.	Trifocal Lens	$55.00

		8.	Lenticular Lens	$80.00

		9.	Frame	$45.00

		10.	Elective Contact
			Lenses	$105.00

		11.	Necessary Contact
			Lenses	$210.00

	7.016	Voluntary Non-Participation in Health Insurance Coverage:

	a.	The Board shall establish a qualified cafeteria plan subject 
to Section 125 of the Internal Revenue Code of 1986 as amended, and any and 
all of the rules and/or regulations promulgated thereunder, with the intent 
being that there is no tax liability to those who choose the health insurance 
plan rather than the waiver.  Employees electing to waive the health 
insurance plan will be responsible to pay tax on any money received in lieu 
of the coverage. The Board will withhold taxes, as per past practice.

	b.	In accordance with the terms of the cafeteria plan, any 
bargaining unit member who voluntarily elects not to participate in any of 
the Board-provided health insurance, or elects to receive only prescription 
drug, dental, and vision coverage, shall indicate so on a waiver form 
provided by the Board.  Bargaining unit members are eligible to not 
participate in Board-provided insurance only if they have coverage from a 
source other than the Warren City School District.  The waiver shall have an 
effective date of the next following first day of the month.  (Health 
insurance is defined as any Board provided insurance except life insurance.)

	c.	Any bargaining unit member who elects to withdraw from the 
insurance program as provided above shall be paid $125 per full month 
($1,500.00 a year), or an appropriate proration for part-time employees based 
upon the board payment of their benefit costs.  Any bargaining unit member 
who elects to receive prescription drug, dental and vision coverage only 
shall be paid $62.50 per full month ($750.00 a year), or an appropriate 
proration for part-time employees based upon the Board payment of their 
benefit costs.

	d.	Any bargaining unit member who voluntarily waives 
participation in the health insurance program shall be entitled to return to 
coverage under this Agreement during the annual open enrollment period, or at 
any time at the member’s option if it is permissible under the terms of the 
cafeteria plan.  A member who opts back into the insurance plan shall have an 
effective date the succeeding first day of the month.

7.02	Severance Pay:

	7.021	A teacher with ten (10) or more years of service in the 
district who elects to retire from active teaching service or who dies while 
on active service, shall receive, or his/her estate shall receive, in one 
lump sum one-fourth (1/4) of the value of his/her accrued and unused sick 
leave to a maximum of thirty (30) days (1/4 of 120 days) multiplied times 
his/her per diem rate at the time of retirement.  In addition, there shall be 
added a sum equal to one-eighth (1/8) of the accrued and unused sick leave in 
excess of one hundred twenty (120) days multiplied times his/her per diem 
rate at the time of retirement.  Subsequent to notification by the Treasurer 
to the teacher that the teacher is eligible for severance pay, the teacher 
shall make application for the same. (Payment shall then be made within 
thirty (30) work days of receipt by the Treasurer of written evidence of 
retirement into the State Teachers Retirement System.  In the case of death 
in the interim period, the severance pay would become due and payable to the 
estate of the deceased.  Payment for sick leave on this basis shall be 
considered to eliminate all sick leave credit accumulated by the teacher at 
that time.  Such payment shall be made only once to any teacher.

	7.022	The definition of "per diem" for the purpose of calculation 
of severance pay shall be the regular teaching salary, inclusive of the 
compensation for Professional Development days contained in the salary tables 
and exclusive of income earned from any or all supplemental contracts and/or 
extended time, divided by one hundred eighty-four (184) work days.

7.03	Non-Resident Student Attendance:  Members of the bargaining unit 
represented by the Warren Education Association who are non-residents of the 
Warren City School District shall be permitted to have their children attend 
school in the District tuition-free.

7.04	Early Retirement Incentive:  This shall be known as the Early 
Retirement Incentive Program of 2005.

	An employee shall be entitled to an early retirement incentive of 
twenty thousand dollars ($20,000) if he/she meets all the requirements of 
this Section and retires during his/her first year of eligibility (see 
definition of “first becomes eligible” and “first year of eligibility” and 
program exclusions below).  Those individuals who first become eligible 
during 2004-05 school year and do not elect this incentive during the first 
year of eligibility will no longer be considered eligible.

	7.041	Qualification Requirements – The individual must:

		7.0411	Be under contract at the time of application.

		7.0412	Have completed a minimum of fifteen (15) years of 
consecutive service in the Warren City School District.

		7.0413	Be eligible to retire under STRS requirements and 
meet the filing deadlines as listed in this Agreement.

	7.042	“First year of eligibility” and ”first becomes eligible” as 
used in this Section means a school year in which the employee:

	1)	meets the qualifications of Section 7.041, and

	2)	meets one of the following:

		a)	the teacher first becomes eligible for any age and 
service retirement benefits under the State Teachers Retirement System, 
having not previously been eligible for any age and service retirement 
benefits, or

	b)	the teacher becomes eligible for age and service retirement 
benefits under the State Teachers Retirement System with 30 years of service, 
even if the teacher had previously been eligible for an age and service 
retirement with fewer than 30 years of service, or

	c)	the teacher is eligible for age and service retirement 
benefits under the State Teachers Retirement System and has not been 
previously eligible for an early retirement incentive under the Early 
Retirement Incentive Program of 2005.

	7.043	No Early Retirement Incentive shall be granted unless the 
employee submits his/her irrevocable resignation for retirement purposes by 
April 1 of the first year of eligibility under this provision and actually 
retires at the end of the regular school year, effective June 1, July 1, or 
August 1 with the STRS.

	7.044	Payment Procedures:  The Board of Education will pay the 
retirement incentive in January of the next year.

	7.045	Program Exclusions:  The following conditions will cause a 
teacher to be ineligible to participate in this retirement incentive program:

		7.0451	Terminated, nonrenewed, or resigned effective prior 
to the end of the school year of retirement.

		7.0452	Failure to meet deadlines as listed in this Agreement.

		7.0453	Currently retired and/or receiving retirement 
benefits from STRS.

		7.0454	Failure to retire during the teacher’s first year of 
eligibility as provided in this ERI program.

7.05	Severance Pay Deferral Plan:

	1.	Notwithstanding anything to the contrary in the Collective 
Bargaining Agreement between the Board and the WEA (the “Agreement”) or Board 
policy, in accordance with the terms of this Section and any related 
provisions of a plan document subsequently adopted by the Board to comply 
with the requirements of Section 403(b) of the Internal Revenue Code 
(the “IRC”), certain retiring employees shall have their “Severance Pay” 
mandatorily paid into an annuity contact or custodial account that is 
designed to meet the tax-qualification requirements of IRC Section 403(b) 
(a “TSA”).  Such payment shall be in lieu of the payment being made directly 
to the retired employee; and such payment shall eliminate all sick leave 
credit of the retired employee.  For purposes of this Section, this 
arrangement is referred to as the 403(b) Plan.

			For the purposes of this Agreement, a retiring 
teacher’s “Severance Pay” is the teacher’s severance pay under Section 7.02 
of the Collective Bargaining Agreement between the Board and the WEA 
(the “Agreement”) along with any payments under the Early Retirement 
Incentive Plan of 2005.  Notwithstanding anything in this Agreement or Board 
policy to the contrary, the terms of the 403(b) Plan shall comply with the 
requirements of this Section 7.05.

	2.	Participation in the 403(b) Plan shall be mandatory for any 
teacher who meets all of the following requirements:

		a.	The teacher is employed after April 30, 2005.

		b.	The teacher retires and is thereby entitled to 
Severance Pay pursuant to the provisions of Section 7.02 and/or the Early 
Retirement Incentive Plan of 2005.

		c.	The teacher’s last day of employment is in the 
calendar year in which he/she will attain age 55.

	3.	The terms of the 403(b) Plan shall include the following:

		a.	If a retiring teacher is a participant in the 403(b) 
Plan, in lieu of the teacher receiving a cash payment of his or her Severance 
Pay and/or the ERIP of 2005, an employer contribution shall be made on his or 
her behalf under the 403(b) Plan, in an amount equal to his or her Severance 
Pay and/or the ERIP of 2005.

		b.	If a retiring teacher is entitled to severance pay 
under Section 7.02 or a payment under the ERIP of 2005, but is not required 
to be a participant in the 403(b) Plan, the retiring teacher’s severance pay 
and any payment under the ERIP of 2005 shall be payable to the retiring 
teacher in cash.

		c.	In the calendar year of retirement, or in any other 
calendar year, the total amount of severance pay that may be paid to a TSA 
under the 403(b) Plan shall not exceed the maximum contribution amount 
allowable under the federal income tax law for TSAs that are intended to be 
tax qualified under IRC Section 403(b).

		d.	To the extent that a member’s Severance Pay exceeds 
the maximum contribution allowable under the 403(b) Plan for any calendar 
year, the excess amount shall be payable to the 403(b) Plan in the following 
January, up to the maximum 403(b) Plan limits for that calendar year.  If 
there is any remaining excess, it shall be paid in cash to the retiring 
member.

		e.	A member who is participant in the 403(b) Plan shall 
designate the TSA provider who is to receive the contribution under the 403
(b) Plan; provided, however, that any such provider must be on the approved 
list of TSA providers that is in effect at the time of the employee’s 
retirement; and the Board shall continue to have authority to continue to 
approve or disapprove of TSA contract providers.  No contributions shall be 
paid by the Board to a TSA provider unless, and until, the retiring teacher 
has completed any TSA provider enrollment forms or other legal documents that 
will establish the TSA.  TSAs shall be individual contracts owned by the 403
(b) Plan participants.  However, the Board, in its sole discretion, may offer 
one or more group 403(b) Plan contracts to participants.

		f.	If a member is entitled to have a contribution paid 
to the 403(b) Plan and dies prior to such contribution being paid to the 403
(b) Plan, the contribution shall be paid to the 403(b) Plan provider and 
shall be paid to a Beneficiary of the member in accordance with the terms of 
the 403(b) Plan provider’s contract.

		g.	The Treasurer shall be the administrator of the 403
(b) Plan, unless the Board delegates administration to a third party 
administrator.  The 403(b) Plan administrator shall be permitted to 
administer, interpret and operate the plan as the Plan administrator shall 
deem necessary for compliance with IRC Section 403(b) and applicable 
regulations (including proposed regulations) and rulings thereunder.

	4.	All contributions to 403(b) Contracts shall be subject to 
reduction for any required tax withholding or any other withholding that the 
Treasurer, in his or her sole discretion, determines is required by law.  
Neither the Board, nor the Warren Education Association, guarantee any 
investment or tax results associated with the 403(b) Plan or elective 
deferrals that are made by a retiring teacher to a 403(b) Contract.


 
ARTICLE VIII	SALARY TABLES

8.01	Salary Information:

	8.011	Effective 2007-2008	Base Salary:  $29,966
		Effective 2008-2009	Base Salary:  $30,565

	a.	If, as of January 25, 2009, the Warren City School District 
Treasurer determines that a certificate under Ohio Revised Code Section 
5705.412 can be signed covering Fiscal 2010 for a 2% increase on the base 
salary, such increase shall go into effect and the Agreement shall be 
extended through June 29, 2010.

	b.	If paragraph (a) above does not apply, but as of January 25, 
2009, the Warren City School District Treasurer determines that a certificate 
under Ohio Revised Code Section 5705.412 can be signed covering Fiscal 2010 
for a 1% increase on the base, such increase shall go into effect and the 
Agreement shall be extended through June 29, 2010.

	c.	If paragraphs (a) and (b) above do not apply, but as of 
January 25, 2009, the Warren City School District Treasurer determines that a 
certificate under Ohio Revised Code Section 5705.412 can be signed covering 
Fiscal 2010 for a 0% increase on the base, the Agreement shall be extended 
through June 29, 2010.

	8.012	Teachers with a Doctor's Degree shall receive $550 above the 
salary rate of the 30 graduate semester hours beyond the Master's Degree 
placed on respective step according to years of experience.

8.013	Longevity Step:

	a.	A longevity step at twenty (20) years shall be added to 
Salary Table A providing for a one-time additional increment to those 
teachers having complete nineteen (19) years of service on the salary 
schedule, and thereafter, and having attained the twentieth (20th) step, the 
said teachers shall be subject to any further general wage increases 
negotiated between the parties.

	b.	A longevity step at twenty-six (26) years shall be added to 
Salary Table A providing for a one-time additional increment to those 
teachers having completed twenty-five (25) years of service on the salary 
schedule, and thereafter, and having attained the twenty-sixth (26th) step, 
the said teachers shall be subject to any further general wage increases 
negotiated between the parties.

	c.	A longevity step at thirty-three (33) years shall be added to 
Salary Table A providing for a one-time additional increment to those 
teachers having completed thirty-two (32) years of service on the salary 
schedule, and thereafter, and having attained the thirty-third (33rd) step, 
the said teachers shall be subject to any further general wage increases 
negotiated between the parties.

	8.014	Professional Development:  Included in the salary tables at 
Sections 8.02, 8.03 and 8.04 of the Agreement is the compensation for twelve 
(12) hours of Professional Development. Said hours are equivalent to two (2) 
additional days calculated at the per diem rate of pay, for an annual 
compensation equating to a 186 day school year.

 
8.02	Salary Table - Teachers, School Nurses:  As determined by a calendar 
approved by the Board of Education, effective June 30, 2007.	Doctor's 
Degree:  $550

	Bachelors	Bachelors	Masters	Masters
Step	  Degree  	  Plus 18   	Degree	 Plus 30 	Doctor

1	$29,966	$31,165	$32,963	$34,461	$35,011
	1.00	1.04	1.10	1.15

2	31,165	32,363	34,461	35,959	36,509
	1.04	1.08	1.15	1.20

3	32,363	33,562	35,959	37,458	38,008
	1.08	1.12	1.20	1.25

4	33,562	35,060	37,458	38,956	39,506
	1.12	1.17	1.25	1.30

5	35,060	36,559	38,956	40,454	41,004
	1.17	1.22	1.30	1.35

6	36,559	38,057	40,454	42,252	42,802
	1.22	1.27	1.35	1.41

7	38,057	39,555	42,252	44,050	44,600
	1.27	1.32	1.41	1.47

8	39,555	41,353	44,050	45,848	46,398
	1.32	1.38	1.47	1.53

9	41,353	43,151	45,848	47,946	48,496
	1.38	1.44	1.53	1.60

10	43,151	44,949	47,946	50,043	50,593
	1.44	1.50	1.60	1.67

11	44,949	46,747	50,043	52,141	52,691
	1.50	1.56	1.67	1.74

12	46,747	48,845	52,141	54,238	54,788
	1.56	1.63	1.74	1.81

13	48,845	50,942	54,238	56,636	57,186
	1.63	1.70	1.81	1.89

14	50,942	53,339	56,636	58,733	59,283
	1.70	1.78	1.89	1.96

20	53,040	55,737	59,033	60,831	61,381
	1.77	1.86	1.97	2.03

26	55,137	58,134	61,430	62,929	63,479
	1.84	1.94	2.05	2.10

33	57,235	60,531	63,828	65,026	65,576
	1.91	2.02	2.13	2.17
 
8.03	Salary Table - Teachers, School Nurses:  As determined by a calendar 
approved by the Board of Education, effective June 30, 2008.	Doctor's 
Degree:  $550

	Bachelors	Bachelors	Masters	Masters
Step	  Degree  	  Plus 18   	Degree	 Plus 30 	Doctor

1	$30,565	$31,788	$33,622	$35,150	$35,700
	1.00	1.04	1.10	1.15

2	31,788	33,010	35,150	36,678	37,228
	1.04	1.08	1.15	1.20

3	33,010	34,233	36,678	38,206	38,756
	1.08	1.12	1.20	1.25

4	34,233	35,761	38,206	39,735	40,285
	1.12	1.17	1.25	1.30

5	35,761	37,289	39,735	41,263	41,813
	1.17	1.22	1.30	1.35

6	37,289	38,818	41,263	43,097	43,647
	1.22	1.27	1.35	1.41

7	38,818	40,346	43,097	44,931	45,481
	1.27	1.32	1.41	1.47

8	40,346	42,180	44,931	46,764	47,314
	1.32	1.38	1.47	1.53

9	42,180	44,014	46,764	48,904	49,454
	1.38	1.44	1.53	1.60

10	44,014	45,848	48,904	51,044	51,594
	1.44	1.50	1.60	1.67

11	45,848	47,681	51,044	53,183	53,733
	1.50	1.56	1.67	1.74

12	47,681	49,821	53,183	55,323	55,873
	1.56	1.63	1.74	1.81

13	49,821	51,961	55,323	57,768	58,318
	1.63	1.70	1.81	1.89

14	51,961	54,406	57,768	59,907	60,457
	1.70	1.78	1.89	1.96

20	54,100	56,851	60,213	62,047	62,597
	1.77	1.86	1.97	2.03

26	56,240	59,296	62,658	64,187	64,737
	1.84	1.94	2.05	2.10

33	58,379	61,741	65,103	66,326	66,876
	1.91	2.02	2.13	2.17
 
8.04 a.	Salary Table - Teachers, School Nurses:  As determined by a calendar 
approved by the Board of Education, effective June 30, 2009.  	Doctor's 
Degree:  $550

	Bachelors	Bachelors	Masters	Masters
Step	  Degree  	  Plus 18   	Degree	 Plus 30 	Doctor

1	$31,176	$32,423	$34,294	$35,852	$36,402
	1.00	1.04	1.10	1.15

2	32,423	33,670	35,852	37,411	37,961
	1.04	1.08	1.15	1.20
	  
3	33,670	34,917	37,411	38,970	39,520
	1.08	1.12	1.20	1.25
 
4	34,917	36,476	38,970	40,529	41,079
	1.12	1.17	1.25	1.30
 
5	36,476	38,035	40,529	42,088	42,638
	1.17	1.22	1.30	1.35
 
6	38,035	39,594	42,088	43,958	44,508
	1.22	1.27	1.35	1.41 
 
7	39,594	41,152	43,958	45,829	46,379
	1.27	1.32	1.41	1.47
 
8	41,152	43,023	45,829	47,699	48,249
	1.32	1.38	1.47	1.53
 
9	43,023	44,893	47,699	49,882	50,432
	1.38	1.44	1.53	1.60
	 	 	 	 	 
10	44,893	46,764	49,882	52,064	52,614
	1.44	1.50	1.60	1.67
	 	 	 	 	 
11	46,764	48,635	52,064	54,246	54,796
	1.50	1.56	1.67	1.74
	 	 	 	 	 
12	48,635	50,817	54,246	56,429	56,979
	1.56	1.63	1.74	1.81	 
 
13	50,817	52,999	56,429	58,923	59,473
	1.63	1.70	1.81	1.89
 
14	52,999	55,493	58,923	61,105	61,655
	1.70	1.78	1.89	1.96
 
20	55,182	57,987	61,417	63,287	63,837
	1.77	1.86	1.97	2.03
 
26	57,364	60,481	63,911	65,470	66,020
	1.84	1.94	2.05	2.10

33	59,546	62,976	66,405	67,652	68,202
	1.91	2.02	2.13	2.17
 
8.04 b.	Salary Table - Teachers, School Nurses:  As determined by a calendar 
approved by the Board of Education, effective June 30, 2009.  	Doctor's 
Degree:  $550

	Bachelors	Bachelors	Masters	Masters
Step	  Degree  	  Plus 18   	Degree	 Plus 30 	Doctor

1	$30,871	$32,106	$33,958	$35,502	$36,052
	1.00	1.04	1.10	1.15

2	32,106	33,341	35,502	37,045	37,595
	1.04	1.08	1.15	1.20

3	33,341	34,576	37,045	38,589	39,139
	1.08	1.12	1.20	1.25

4	34,576	36,119	38,589	40,132	40,682
	1.12	1.17	1.25	1.30

5	36,119	37,663	40,132	41,676	42,226
	1.17	1.22	1.30	1.35

6	37,663	39,206	41,676	43,528	44,078
	1.22	1.27	1.35	1.41

7	39,206	40,750	43,528	45,380	45,930
	1.27	1.32	1.41	1.47

8	40,750	42,602	45,380	47,233	47,783
	1.32	1.38	1.47	1.53

9	42,602	44,454	47,233	49,394	49,944
	1.38	1.44	1.53	1.60

10	44,454	46,307	49,394	51,555	52,105
	1.44	1.50	1.60	1.67

11	46,307	48,159	51,555	53,716	54,266
	1.50	1.56	1.67	1.74

12	48,159	50,320	53,716	55,877	56,427
	1.56	1.63	1.74	1.81

13	50,320	52,481	55,877	58,346	58,896
	1.63	1.70	1.81	1.89

14	52,481	54,950	58,346	60,507	61,057
	1.70	1.78	1.89	1.96

20	54,642	57,420	60,816	62,668	63,218
	1.77	1.86	1.97	2.03

26	56,803	59,890	63,286	64,829	65,379
	1.84	1.94	2.05	2.10

33	58,964	62,359	65,755	66,990	67,540
	1.91	2.02	2.13	2.17

 
8.04 c.	Salary Table - Teachers, School Nurses:  As determined by a calendar 
approved by the Board of Education, effective June 30, 2009.  	Doctor's 
Degree:  $550

	Bachelors	Bachelors	Masters	Masters
Step	  Degree  	  Plus 18   	Degree	 Plus 30 	Doctor

1	$30,565	$31,788	$33,622	$35,150	$35,700
	1.00	1.04	1.10	1.15

2	31,788	33,010	35,150	36,678	37,228
	1.04	1.08	1.15	1.20

3	33,010	34,233	36,678	38,206	38,756
	1.08	1.12	1.20	1.25

4	34,233	35,761	38,206	39,735	40,285
	1.12	1.17	1.25	1.30

5	35,761	37,289	39,735	41,263	41,813
	1.17	1.22	1.30	1.35

6	37,289	38,818	41,263	43,097	43,647
	1.22	1.27	1.35	1.41

7	38,818	40,346	43,097	44,931	45,481
	1.27	1.32	1.41	1.47

8	40,346	42,180	44,931	46,764	47,314
	1.32	1.38	1.47	1.53

9	42,180	44,014	46,764	48,904	49,454
	1.38	1.44	1.53	1.60

10	44,014	45,848	48,904	51,044	51,594
	1.44	1.50	1.60	1.67

11	45,848	47,681	51,044	53,183	53,733
	1.50	1.56	1.67	1.74

12	47,681	49,821	53,183	55,323	55,873
	1.56	1.63	1.74	1.81

13	49,821	51,961	55,323	57,768	58,318
	1.63	1.70	1.81	1.89

14	51,961	54,406	57,768	59,907	60,457
	1.70	1.78	1.89	1.96

20	54,100	56,851	60,213	62,047	62,597
	1.77	1.86	1.97	2.03

26	56,240	59,296	62,658	64,187	64,737
	1.84	1.94	2.05	2.10

33	58,379	61,741	65,103	66,326	66,876
	1.91	2.02	2.13	2.17

 
8.05	Horizontal Movement on the Salary Schedule:  When a bargaining unit 
member has attained the required number of graduate credit hours and wishes 
to qualify for a horizontal move on the salary schedule, he/she shall request 
in writing to be moved to the appropriate column on the salary schedule. 
Supportive documentation of successful completion of graduate semester hours 
completed after the date of the last degree earned and/or official 
transcripts with degree posted must be attached to the request or be on file 
with the Executive Director of Personnel.  (For example, graduate semester 
hours taken before the first Bachelor’s Degree is granted shall not be 
counted towards the B+18 step. Official transcript(s) issued from the course
(s) provider(s) shall constitute supportive documentation.  Requests not 
received over the summer months must be received on or before the end of the 
third (3) week of instruction for the salary adjustment to become retroactive 
to the first (1) week of instruction, or be received on or before the twenty-
second (22) week of instruction for the salary adjustment to become 
retroactive to the twentieth (20th) week of instruction.  After the start of 
instruction, the Board will act on said requests only in the months of 
October and February.

8.06	Salary Table B - Teachers with Additional Duties:

	8.061	Increments beyond Salary Table A, for additional 
responsibilities, longer hours, and additional training, will be paid in 
addition to Salary Table A and in accordance with responsibilities outlined 
in the Rules and Regulations of the Board of Education.

	8.062	The index is based on the beginning teacher's salary - 
Bachelor's Degree.

	8.063	Supplemental Contracts	Index

		General:
		Case Manager	8.0
		Mentor Teacher	   6.0
		Supervisor Swimming Pool	7.0
		Teacher in Charge	10.0

		High School Academics:
		Department Chair	5.0
			* at least one (1) in each of the
		core areas of English, Math, 
		Science, and Social Studies
	
		High School Advisors & Clubs:
		Academic Coach 	6.0
		Biology Club and/or Science Club	3.0
		Cheerleading (Gr.10-12)	16.0
			Cheerleading (Gr. 9)	 8.0
		Dramatics Coach 	8.0
		Dramatics Assistant Coach	5.6
		FFA	3.0
		FHA	3.0
		F.I.R.S.T. Project Coordinator	8.0
		FTA	8.0
		Interact	3.0
		Key Club	3.0
		Literary Publication	4.0
		National Honor Society	6.0
		Renaissance Program	4.0
		Senior Class - Head	6.0
		Senior Class - Assistant	2.0
		Ski Club - Head	6.0
		Ski Club - Assistant	2.0
		Speech/Debate - Head Coach	7.0
		Speech/Debate - Assistant Coach 	3.5
	Supplemental Contracts (continued)	Index

		Student News Publication	4.0
		Student Council 	4.0
		WSCN Director 	10.0
			Yearbook	13.5
				
	High School Athletics:
		Athletic Trainer (without assistant)	28.0
		Athletic Trainer (with assistant)	22.0
		Assistant Athletic Trainer	10.0
		Baseball - Head Coach 	11.2
		Baseball - Assistant Coach 	5.6
		Basketball - Head Coach (Boys) 	30.0
	 	Basketball - Head Coach (Girls)	30.0
		Basketball - Assistant Coach (Boys)	16.0
		Basketball - Assistant Coach (Girls)	16.0
		Basketball - Head Coach (Boys-9th)	16.0
		Basketball - Head Coach (Girls-9th)	16.0
		Bowling (Boys)	7.0
		Bowling (Girls)	7.0
		Cross Country (Boys)	7.0
		Cross Country (Girls)	7.0
		3Faculty Manager - High School	35.5
		Football - Head Coach 	35.0
		Football - Assistant Coach 	16.0
		Football - Head Coach (9th)	16.0
		Golf (Boys)	7.0
		Golf (Girls)	7.0
		Soccer - Head Coach (Boys)	11.2
		Soccer - Head Coach (Girls)	11.2
		Soccer - Assistant Coach (Boys) 	5.6
		Soccer - Assistant Coach (Girls) 	5.6
		Softball - Head Coach 	11.2
		Softball - Assistant Coach	5.6
		Swimming - Head Coach (Boys)	11.2
		Swimming - Head Coach (Girls)	11.2
		Swimming - Assistant Coach (Boys)	5.6
		Swimming - Assistant Coach (Girls)	5.6
		Tennis (Boys)	7.0
		Tennis (Girls) 	7.0
		Track - Head Coach (Boys)	11.2
		Track - Head Coach (Girls)	11.2
		Track - Assistant (Boys)	5.6
		Track - Assistant (Girls)	5.6
		Volleyball - Head Coach 	11.2
		Volleyball - Assistant Coach	5.6

	High School Music:
	2 Band Director	16.0
	1 Assistant Band Director	9.1
	Director, A'Cappella High School	10.0
	Assistant Vocal Director High School	9.1

 
	Supplemental Contracts (continued)	Index

	High School Other:
		Alternative School Teacher in Charge	10.0
		Computer/AV Coordinator Alternative School	5.0
		IT Resource Liaison (9-12)	3.5
		IT Resource Coordinator 	2.0

	K-8 Academics:
		Challenge 24 Coach	2.0
		Destination Imagination Coach	4.0
		District Coordinator Challenge 24	4.0
		English Festival Coach	2.0
		Great Books Coach	2.0
		Math Counts Coach	2.0
		National Geographic Bee Coach	2.0
		Power of the Pen Coach	2.0
	Prep Bowl Coach	2.0
		Science Fair Coordinator	2.0
		Spelling Bee Coach	2.0

	K-8 Advisors & Clubs:
	Cheerleading (7th)	8.0
		Cheerleading (8th)	8.0
	Dramatics Coach	4.6
		Junior National Honor Society Advisor	3.0
		Junior Robotics Coach	2.0
		Science Club Advisor	3.0
	Student Council Advisor (Gr. 3-5)	4.0
		Student Council Advisor (Gr. 6-8)	4.0
		Student News Publication Advisor	3.0
		Yearbook	6.0

	K-8 Athletics:
	Basketball - Head Coach (Boys - 7th)	8.0
	Basketball - Head Coach (Boys - 8th)	8.0
	Basketball - Head Coach (Girls - 7th)	8.0
	Basketball - Head Coach (Girls - 8th)	8.0
	Faculty Manager - K-8 (with football)	12.0
	Faculty Manager - K-8 (without football)	8.0
	Football - Head Coach  (7th) 	8.0
	Football - Head Coach  (8th)	8.0
	Football - Assistant Coach	4.0
	Intramurals (fall sports)	2.0
	Intramurals (winter sports)	2.0
	Intramurals (spring sports)	2.0
	Swim Coach	8.0
	Track 	4.0
	Volleyball (7th)	4.0
		Volleyball (8th)	4.0
	
	K-8 Music:
		Band  (Gr. 5-8) (without summer supplemental) 	9.1
			Choir (Gr. 5-8)		9.1

	K-8 Other:
		A-V Coordinator 	3.5
		IT Resource Liaison (K-2)	3.5
		IT Resource Liaison (3-5)	3.5
		IT Resource Liaison (6-8)	3.5
		IT Resource Coordinator	   2.0



	1 Assistant Band Directors will receive nine (9) weeks extended time 
at $521 per week (6-30-07) and $531 per week (7-1-08). In the event there is 
an additional year (2009-2010) to the Agreement, the compensation under this 
section shall be $531 (0%), or $536 (1%), or $542 (2%) per week effective 7-1-
09.

	2 Band Directors will receive ten (10) weeks extended time at $615 
per week (6-30-07) and $627 per week (7-1-08). In the event there is an 
additional year (2009-2010) year to the Agreement, the compensation under 
this section shall be $627 (0%), or $633 (1%), or $640 (2%) per week 
effective 7-1-09.

	3 Works forty-one (41) weeks.  The three (3) additional weeks shall 
not be paid at a per diem rate.

	Additional pay will be allotted for the following:

	School Camping (per night at camp) and Subsidiary Teaching Duties 
(requires teaching certificate) shall be paid at a rate of 0.00075 per hour 
of the BA base.

	2007-2008	$22.47
	2008-2009	$22.92

	In the event there is an additional year (2009-2010) to the 
Agreement, the compensation under this section shall be:

	2009-2010	$22.92 (0%), or
			$23.15 (1%), or
			$23.38 (2%)

	8.064	Supplemental Contracts:  The WEA and the Board recognize that 
fairness dictates that supplemental contracts should be equitable.  The WEA 
and Board also recognize that circumstances change over time, which should be 
addressed on an ongoing basis to ensure equity in supplemental contracts.

	A.	The parties to this Agreement may make recommendations to 
each other concerning the creation, adjustment (increase or reduction), or 
elimination of supplemental contracts.

	B.	Any recommendations shall be implemented only with the mutual 
agreement of the parties.

	8.065	Applicants from the bargaining unit for supplemental 
positions shall be considered before anyone from outside the system or a non-
certified person with the understanding that the Board's decision is final.
	8.066	Within thirty (30) days after the Board action awarding a 
supplemental contract, the successful applicant shall complete all payroll 
forms and file them with the building principal or appropriate 
administrator.  Failure to comply with this requirement will result in loss 
of the option to have three (3) supplemental payments per Section 8.067 B.

	8.067
		A.	Annually, there shall be three (3) pay dates for 
supplemental salaries.  The first shall be on the second pay date in 
December, the second shall be on the second pay date in March, and the third 
shall be on the second pay date in June.

		B.	At the option of the teacher, the compensation 
provided in Section 8.063 of the Agreement shall be paid to him/her on the 
pay date immediately following the completion of the regularly scheduled 
season/supplemental responsibilities, provided he/she has completed all 
required duties and reports associated with the supplemental contract, or it 
shall be paid to him/her in three (3) equal installments on the pay dates 
identified above. The teacher shall select the payment option at the time 
he/she accepts the supplemental contract.

		C.	Failure on the part of the employee to submit a pay 
voucher to the building principal or appropriate administrator within fifteen 
(15) workdays prior to the pay date will result in the supplemental being 
paid at the next specified supplemental pay date.

		D.	In the event of a mid-year change in 
building/assignment, a partial year leave of absence, suspension of 
supplemental duties, late issuance of a contract due to 8.068 or other change 
in status such that supplemental duties are not completed, the supplemental 
payment will be prorated.  Any overpayment must be repaid by the teacher.

	8.068	All athletic coaches and marching band director and assistant 
director(s) must provide the Athletic Office with verification of a current 
valid CPR certificate, and verification of a current valid PASV (Sports 
Medicine) certificate prior to officially being awarded the supplemental 
contract.

8.07	STRS Pickup (Salary Reduction/Restatement):  The Board agrees to 
implement a “pick-up” of all of the STRS retirement contributions under the 
salary reduction method for all of the members in the bargaining unit, at no 
cost to the Board, under the following terms and conditions.

	The amount to be “picked-up” on behalf of each bargaining unit member 
shall be the mandatory contribution of the bargaining unit member’s gross 
annual compensation.  The bargaining unit member’s annual compensation shall 
be reduced, at no cost to the Board, by an amount equal to the amount “picked-
up (deferred)” by the Board for the purpose of State and Federal tax only.

	Each bargaining unit member will be responsible for compliance with 
Internal Revenue Service Salary exclusion allowance regulations with respect 
to the “pick-up” in combination with other tax deferred compensation plans.

	If the foregoing “pick-up” provisions are nullified by subsequent 
Internal Revenue Service rulings, Ohio Attorney General opinions, or other 
governing regulations, the Board will be held harmless and this article of 
the Agreement shall be declared null and void.  The Board shall then return 
to the former method of employer/employee retirement system contributions as 
soon as the law requires.

8.08	Authorized Payroll Deductions:  

	a.	The Board shall provide for payroll deductions authorized by 
the teacher for the following:  dues or service fees to professional 
organizations (NEA, OEA, NEOEA, WEA, and affiliates), U.S. savings bonds, 
Fund for Children and Public Education, tax sheltered annuities, authorized 
Employees Credit Union, United Way, and cancer insurance.  Authorized 
deductions for U.S. savings bonds must be in divisible multiples which will 
from time to time equal the cost of the denomination of the bond authorized 
to be purchased.  Authorization by the teacher for payroll deductions 
approved herein must be in writing, on the proper forms, and delivered to the 
Treasurer's Office at least seven (7) calendar days prior to the applicable 
pay ending date.

	b.	New annuity carriers must have a minimum of thirty (30) 
bargaining unit clients registered for their annuity product(s) in order to 
qualify for the payroll deduction program described in (a) above.

	c.	A program of direct deposit of payroll checks to Board of 
Education authorized banks is available and is mandatory for all newly hired 
teachers.  A newly hired teacher's request for direct payroll deposit shall 
be on proper forms, submitted at least seven (7) calendar days prior to their 
first pay date.  Any teacher who has been considered “newly hired” under this 
section or its predecessor may not cancel direct deposit, buy may change a 
banking institution.  Any changes to the banking establishment receiving the 
deposits approved herein shall also be in writing and presented at least 
seven (7) calendar days prior to the applicable change date.  All funds will 
be timely deposited so as to have accessibility to the funds on the pay date.

8.09	Special Education, Speech and Hearing Therapy and Home-School 
Coordinator Stipend (Visiting Teacher Certification):  All Special Education 
Teachers, Speech and Hearing Therapists, and Home-School Coordinators be paid 
$500.00 in addition to the amount provided for by the applicable salary table 
in recognition that their job duties regularly and frequently include I.E.P. 
drafting, meetings and implementation.  To receive the stipend, the employee 
must submit all I.E.P.s and a Stipend Pay Voucher to the Special Education 
Supervisor no later than May 15 for payment in the current school year.  The 
stipend shall be paid the first pay period subsequent to the acceptance of 
the I.E.P.s by the Special Education Supervisor.  Payment of the $500.00 
shall be prorated in the event the employee works part-time, is transferred 
to an inapplicable position partially through a school year, or is on a leave 
of absence for a portion of the year.

8.10	Payroll Procedures:  

	a.	Members of the bargaining unit shall receive their salary in 
twenty-six (26) equal pays.

	b.	If the Board fails to issue a paycheck to a bargaining unit 
member on the regular pay date, or if the paycheck is issued in an 
inappropriate amount through no fault of the bargaining unit member, and the 
bargaining unit member notifies the Treasurer’s Office of the error on the 
pay date, the bargaining unit member shall be made whole within one (1) work 
day of the notification.  The Board shall be held harmless for a delay in the 
delivery of the pay check caused by the U.S. Postal Service, provided the pay 
checks are delivered to the U.S. Post Office on or before the Wednesday of 
the week of the pay date.  In such instance, however, the Board shall make 
the bargaining unit member whole on the next regularly scheduled pay date.

8.11	Tuition Reimbursement:

	a.	Subject to the limitation stated in paragraph b, the Board 
shall reimburse teachers for the cost of:

		1.	Credit courses taken by a teacher in his/her area of 
certification/licensure from an accredited college and/or university.

		2.	Credit courses from an accredited college and/or 
university taken by a teacher that is required for additional 
certification/licensure recognized by the Ohio Department of Education (i.e. 
principal certification/ licensure, supervisory certification/licensure, 
guidance counseling certification/licensure, etc.)

		3.	Other credit courses taken by a teacher with prior 
approval of the Superintendent and which directly relate to performance of 
the teacher's duties as a teacher in the district.

	b.	The maximum total payment per teacher per school year 
pursuant to this Article shall be $375.  In order to be eligible for any 
payment, the teacher: (1) must obtain written approval from the 
Superintendent prior to taking a credit course not within his/her area of 
certification/licensure and assignment and/or credit courses required for 
additional certification/licensure as described in Section 8.11 a. 2. above; 
(2) must present evidence of satisfactory completion of the course; and (3) 
must present satisfactory documentation of all costs for which reimbursement 
is sought. Payment shall be approved at the first regular Board meeting after 
compliance with the requirements of this paragraph. Request for approval of 
payment shall be submitted to the Board ten (10) days prior to and shall be 
approved at the first regular Board meeting after compliance with the 
requirements of this paragraph.

8.12	School Psychologists:

	a.	School Psychologists in the employment of the Board on July 
1, 1986 shall be paid $950.00 each year in addition to the appropriate step 
on the Salary Table for School Psychologists.  Said payments shall be made 
each year until each affected School Psychologist retires or resigns from the 
Warren City Schools.


 
8.12 b.	Salary Table - School Psychologist - 2007-08

	MASTERS	MASTERS +30

		Extended			Extended
	   Base	   Time	   Total	   Base	   Time	   Total
Step	(186 days)	(20 days)	(206 days)	(186 days)	(20 
days)	(206 days)

1	$45,848	$4,930	$50,778	$47,946	$5,155	$53,101
	1.53			1.60

2	$47,946	$5,155	$53,101	$50,043	$5,381	$55,424
	1.60			1.67

3	50,043	$5,381	$55,424	$52,141	$5,607	$57,747
	1.67			1.74

4	52,141	$5,607	$57,747	$54,238	$5,832	$60,071
	1.74			1.81

5	54,238	$5,832	$60,071	$56,636	$6,090	$62,726
	1.81			1.89

6	56,636	$6,090	$62,726	$58,733	$6,315	$65,049
	1.89			1.96

20	59,033	$6,348	$65,381	$60,831	$6,541	$67,372
	1.97			2.03

26	61,430	$6,605	$68,036	$62,929	$6,767	$69,695
	2.05			2.10

33	63,828	$6,863	$70,691	$65,026	$6,992	$72,018
	2.13			2.17




Add $550 for Doctor's Degree

 
8.12 c.	Salary Table - School Psychologist - 2008-09

	MASTERS	MASTERS +30

		Extended			Extended
	   Base	   Time	   Total	   Base	   Time	   Total
Step	(186 days)	(20 days)	(206 days)	(186 days)	(20 
days)	(206 days)

1	$46,764	$5,028	$51,793	$48,904	$5,258	$54,162
	1.53			1.60

2	$48,904	$5,258	$54,162	$51,044	$5,489	$56,532
	1.60			1.67

3	51,044	$5,489	$56,532	$53,183	$5,719	$58,902
	1.67			1.74

4	53,183	$5,719	$58,902	$55,323	$5,949	$61,271
	1.74			1.81

5	55,323	$5,949	$61,271	$57,768	$6,212	$63,979
	1.81			1.89

6	57,768	$6,212	$63,979	$59,907	$6,442	$66,349
	1.89			1.96

20	60,213	$6,475	$66,688	$62,047	$6,672	$68,719
	1.97			2.03

26	62,658	$6,737	$69,396	$64,187	$6,902	$71,088
	2.05			2.10

33	65,103	$7,000	$72,104	$66,326	$7,132	$73,458
	2.13			2.17




Add $550 for Doctor's Degree
 
8.12 d.	Salary Table - School Psychologist - 2009-10

	MASTERS	MASTERS +30

		Extended			Extended
	   Base	   Time	   Total	   Base	   Time	   Total
Step	(186 days)	(20 days)	(206 days)	(186 days)	(20 
days)	(206 days)

1	$47,699	$5,129	$52,828	$49,882	$5,364	$55,245
	1.53			1.60

2	$49,882	$5,364	$55,245	$52,064	$5,598	$57,662
	1.60			1.67

3	52,064	$5,598	$57,662	$54,246	$5,833	$60,079
	1.67			1.74

4	54,246	$5,833	$60,079	$56,429	$6,068	$62,496
	1.74			1.81

5	56,429	$6,068	$62,496	$58,923	$6,336	$65,258
	1.81			1.89

6	58,923	$6,336	$65,258	$61,105	$6,570	$67,675
	1.89			1.96

20	61,417	$6,604	$68,021	$63,287	$6,805	$70,092
	1.97			2.03

26	63,911	$6,872	$70,783	$65,470	$7,040	$72,509
	2.05			2.10

33	66,405	$7,140	$73,545	$67,652	$7,274	$74,926
	2.13			2.17




Add $550 for Doctor's Degree
 
8.12 e.	Salary Table - School Psychologist - 2009-10

	MASTERS	MASTERS +30

		Extended			Extended
	   Base	   Time	   Total	   Base	   Time	   Total
Step	(186 days)	(20 days)	(206 days)	(186 days)	(20 
days)	(206 days)

1	$47,233	$5,079	$52,311	$49,394	$5,311	$54,705
	1.53			1.60

2	$49,394	$5,311	$54,705	$51,555	$5,544	$57,098
	1.60			1.67

3	51,555	$5,544	$57,098	$53,716	$5,776	$59,491
	1.67			1.74

4	53,716	$5,776	$59,491	$55,877	$6,008	$61,885
	1.74			1.81

5	55,877	$6,008	$61,885	$58,346	$6,274	$64,620
	1.81			1.89

6	58,346	$6,274	$64,620	$60,507	$6,506	$67,013
	1.89			1.96

20	60,816	$6,539	$67,355	$62,668	$6,739	$69,407
	1.97			2.03

26	63,286	$6,805	$70,090	$64,829	$6,971	$71,800
	2.05			2.10

33	65,755	$7,070	$72,826	$66,990	$7,203	$74,193
	2.13			2.17




Add $550 for Doctor's Degree
 
8.12 f.	Salary Table - School Psychologist - 2009-10

	MASTERS	MASTERS +30

		Extended			Extended
	   Base	   Time	   Total	   Base	   Time	   Total
Step	(186 days)	(20 days)	(206 days)	(186 days)	(20 
days)	(206 days)

1	$46,764	$5,028	$51,793	$48,904	$5,258	$54,162
	1.53			1.60

2	$48,904	$5,258	$54,162	$51,044	$5,489	$56,532
	1.60			1.67

3	51,044	$5,489	$56,532	$53,183	$5,719	$58,902
	1.67			1.74

4	53,183	$5,719	$58,902	$55,323	$5,949	$61,271
	1.74			1.81

5	55,323	$5,949	$61,271	$57,768	$6,212	$63,979
	1.81			1.89

6	57,768	$6,212	$63,979	$59,907	$6,442	$66,349
	1.89			1.96

20	60,213	$6,475	$66,688	$62,047	$6,672	$68,719
	1.97			2.03

26	62,658	$6,737	$69,396	$64,187	$6,902	$71,088
	2.05			2.10

33	65,103	$7,000	$72,104	$66,326	$7,132	$73,458
	2.13			2.17




Add $550 for Doctor's Degree
 
8.13	Experience Credit:  For the purpose of salary placement only, 
teachers new to the district or those rehired by the district after retiring 
into STRS shall be granted up to ten (10) years of prior teaching and 
military experience. Said experience shall be in accordance with the 
provisions of ORC § 3317.13, except that public school experience in states 
other than Ohio shall also be credited.  A year of experience shall be one 
hundred twenty (120) days or more of teaching during a given school year.

8.14	Mileage:  The Board shall pay for authorized automobile expense an 
amount equal to the per mile allowance being utilized by the Internal Revenue 
Service.  The Board shall modify the mileage allowance up or down in 
accordance with the allowance in effect by the Internal Revenue Service at 
January 1 of each year of this Contract.  The modification will be made 
effective January 1 of each year and continue through December 31 of each 
year.


ARTICLE IX	EFFECTS

9.01	Equal Opportunity:  The Board is an equal employment opportunity 
employer and will continue to abide by all state and federal equal employment 
laws.  In so doing, the Board will depend heavily on the full and effective 
utilization of qualified persons regardless of race, color, age, sex, 
religion, creed, handicap, national origin, political affiliation, marital 
status, beliefs, or other prejudicial restrictions.  Furthermore, it is the 
Board's moral and legal obligation to insure that all applicants are 
considered for employment without regard to the aforementioned prejudicial 
restrictions.  Likewise, there shall be no discrimination against any 
incumbent teacher based upon any of these prejudicial limitations.

9.02	Maintenance of Standards:  The Board shall maintain all terms, 
conditions, and benefits of employment provided for in this contract, at not 
less than the level in effect as of its effective date.

9.03	Conflict with Law:  If any provision of this document, or any 
application of the provisions of this document, or any agreement reached 
under its terms, conflicts with any federal or state law, now or hereafter 
enacted or issued in a manner not permitted by 4117 O.R.C., such provision 
(only to the extent such provision, application, or agreement is in conflict 
with any federal or state law), application, or agreement shall be 
inoperative but the remaining provisions hereof shall remain in effect.

9.04	Waiver of Negotiations During the Term of Agreement: The Board shall 
retain all rights, powers, duties and authority granted by law and shall 
adopt, rescind, or modify such policies, rules and regulations as it deems 
appropriate except when expressly and specifically limited or restricted by 
the terms of this Contract.  However, the parties shall remain obligated to 
negotiate mid-term on mandatory subjects of bargaining not already contained 
in this Contract, and were not addressed during the bargaining process.

9.05	Entire Agreement Clause:  This Contract supersedes and cancels all 
previous agreements, verbal or written or based on alleged past practices 
between the Board and Association and constitutes the entire agreement 
between the parties.  Any amendment or agreement supplemental hereto shall 
not be binding upon either party unless executed in writing by the parties 
hereto.

9.06	Agreement in Writing:

	9.061	Upon completion of this Contract, it shall be printed at the 
joint expense of the Association and Board and copies distributed by the 
Association to the teachers and by the Superintendent to the Board and 
administration.  Members of the Board shall be entitled to ten (10) copies 
each, and the Superintendent shall be entitled to fifty (50) copies. In 
addition, one hundred (100) copies will be furnished to the Association.

	9.062	If any portion of this Contract, is ruled invalid for any 
reason, the remainder of the Contract shall remain in full force and effect.

	9.063	This Contract may not be modified in whole or in part by the 
parties except by an instrument in writing fully executed by both parties.

	9.064	It is expressly agreed by and between the parties that any 
matter not covered in this Contract shall be the sole responsibility of the 
Board of Education except those matters mandated as negotiable during the 
term of an agreement by Ohio Revised Code Chapter 4117.

	9.065	It is mutually agreed that this Collective Bargaining 
Agreement will continue in full force and effect until June 29, 2009, or 
until June 29, 2010 if, as of January 25, 2007, the Warren City School 
District Treasurer determines that a certificate under ORC § 5705.412 can be 
signed covering Fiscal 2008, in accordance with Section 8.011 a., b., or c. 
and that all teachers will continue performing their duties in a normal 
manner during the duration of the Contract.  During any and all negotiations, 
the teachers agree to continue performing their duties in a normal and 
efficient professional manner.

9.07	Duration of Contract:  This Contract shall become effective at 12:01 
a.m. on June 30, 2007, and shall continue in full force and effect until 
midnight, June 29, 2009, or until June 29, 2010 if the Warren City School 
District Treasurer determines as of January 25, 2009 that a certificate under 
ORC § 5705.412 can be signed covering Fiscal 2008 in accordance with Section 
8.011 a., b., or c.


IN WITNESS WHEREOF, the parties have caused this Master Contract to be 
executed on the day and year first above-mentioned. 

	Board of Education 
Warren Education Association	of the Warren City School


__________________________	__________________________
Jeffery J. Pegg	Robert L. Falkner
President	President


__________________________	__________________________
Jaclyn R. Kuntz 	Kathryn Hellweg
Vice President	Superintendent


 
APPENDIX A

GRIEVANCE REPORT FORM
WARREN CITY SCHOOL DISTRICT

Grievance No. ____________	Distribution:
	1.	Grievant
	2.	Immediate Supervisor
	3.	WEA

STEP I

	_____________________________________________________________
 Building	Assignment	Name of Grievant(s)	Date Filed

A.	Date Cause of Grievance Occurred 	____________________________

B.	An Informal Grievance was Presented to __________________ or 
__________________ and was not resolved.

C.	1.	Statement of Grievance: 
	_________________________________
		______________________________________________________

	2.	Section or Sections of Collective Bargaining Contract claimed 
to be involved: 	_____________________________________________

	3.	Relief Sought:	__________________________________________
			______________________________________________________
		__________________________
		Signature of Grievant	Date

D.	Disposition by Supervisor:  (to be completed and returned to grievant 
and Superintendent within five days after meeting.)
	__________________________________________________________
	__________________________________________________________
	__________________________________________________________
	__________________________________________________________

		__________________________
		Signature of Grievant	Date

The space limitations indicated above should, wherever needed, be 
supplemented by additional paper to be attached to this form.

 
APPENDIX B

GRIEVANCE REPORT FORM
WARREN CITY SCHOOL DISTRICT

Grievance No. __________

STEP II

(To be sent to Superintendent or designee within ten days of receipt of 
disposition by Supervisor.)

	_____________________________________________________________
Building	Assignment	Name of Grievant(s)	Date Filed

A.	Date Cause of Grievance Occurred 	____________________________

B.	1.	Reasons Why Grievance is Now at Step II: 
	__________________
		______________________________________________________

	2.	Restatement of Grievance: 	______________________________
		______________________________________________________

	3.	Relief Sought:	_______________________________________
		______________________________________________________

		__________________________
		Signature of Grievant	Date

C.	Superintendent 
	or designee:	_____________________________________________

D.	Disposition by Superintendent or designee (to be completed within ten 
days after meeting and sent to Grievant,  Superintendent, Association 
Grievance Chairperson, and Immediate Supervisor.)

		________________________________________________________

		________________________________________________________

		__________________________
		Signature of Grievant	Date
		or Designee

The space limitations indicated above should, wherever needed, be 
supplemented by additional paper to be attached to this form.
 
APPENDIX C

GRIEVANCE REPORT FORM
WARREN CITY SCHOOL DISTRICT

Grievance No. __________ 

STEP III

(Request for hearing before Board to be made within ten days following the 
receipt of disposition of grievance in Step III.)

	_____________________________________________________________
Building	Assignment	Name of Grievant(s)	Date Filed


A.	Date Submitted to Superintendent 	____________________________

B.	1.	Reasons Why Grievance is Now at Step III: 
	__________________

			______________________________________________________

	2.	Restatement of Grievance:	______________________________

			______________________________________________________

	3.	Relief Sought:	_________________________________________

			______________________________________________________

		____________________________
	Signature of WEA President         Date

C.	Received by Treasurer of Board of Education:

		____________________________
	Signature                      Date Received

D.	Disposition by Board: 	_____________________________________

	__________________________________________________________


	_______________________________
	Signature of Board President       Date

The space limitations indicated above should, wherever needed, be 
supplemented by additional paper to be attached to this form.
 
APPENDIX D

REQUEST FOR ARBITRATION
WARREN CITY SCHOOL DISTRICT


Grievance No. ____________


STEP IV

TO BE SENT BY CERTIFIED MAIL TO
THE PRESIDENT OF THE BOARD OF EDUCATION

RETURN RECEIPT REQUESTED


Request is hereby made for a hearing before an arbitrator as provided in Step 
IV of the Grievance Procedure.  Attached is a complete set of forms 
heretofore filed in this grievance.


_____________________________________________________________
Building	Assignment	Name of Grievant(s) 	Date Grievance
			Originally Filed



			_______________________________________
	Signature of Grievant(s)	Date


			______________________________________
	Signature of WEA President	Date




The space limitations indicated above should, wherever needed, be 
supplemented by additional paper to be attached to this form.


 
APPENDIX E

EMPLOYEE ABSENCE REQUEST	Warren City Schools. ..  Warren, Ohio

Please TYPE all necessary information on this form.

_______________________	_______________________	_______________
     Name of Employee	Building	Date

The building principal and department supervisor/director are to make the 
decision to recommend approval or disapproval of this request in accordance 
with the Rules and Regulations of the Board of Education, Warren City School 
District, for the period and reason indicated below.  FORM MUST BE SENT TO 
FRINGE BENEFITS OFFICE PRIOR TO THE DATE OF ABSENCE.

Period:	Beginning  ______________________	Ending  ______________________

No. of days to be Absent:	Work Days ______	Non-Work Days ______ 
	Total Days ______

If Personal Leave, number of Personal Leave days used this school year 
	_____________________
	______________________________________________________________________
___________
 PERSONAL LEAVE:
	•	Personal Leave – unrestricted

	•	Personal Leave – restricted; must give reason: 
	_________________________________
	______________________________________________________________________
__________________________________________

	•	JURY DUTY

	•	RELIGIOUS HOLIDAY LEAVE; indicate holiday:
	_____________________

	•	SALARY DEDUCTED LEAVE; must give reason:
	_____________________

	•	PROFESSIONAL LEAVE; must give reason:	_____________________

	•	SCHOOL BUSINESS LEAVE; must give reason:
	_____________________

	•	ASSOCIATION LEAVE; must give reason:	_____________________

	•	OTHER; must give reason:
	______________________________________
	______________________________________________________________________
__________________________________________

	NO	YES	   EST. COST
Substitute Requested	•	•	$__________	From What Fund? 
	____________
Mileage or Fares	•	•	$__________	From What Project? 
	____________
Registration	•	•	$__________
Meals	•	•	$__________
Lodging	•	•	$__________
Other (explain)	•	•	$__________
			  ___________	________	____________________
	TOTAL	$___________	  Date	Signature of Employee
	______________________________________________________________________
__________________________________________

Request Recommended for Approval	NO	YES
	by Principal		 •	•	________	
	____________________
					  Date	Signature of Principal
Request Recommended for Approval
by Department Supervisor/Director		•	•	________
		____________________
			  Date	Signature of Supervisor/Director
Comments by Principal/Department Supervisor/Director:
	__________________________________
	______________________________________________________________________
__________________________________________

EMPLOYEE ABSENCE AUTHORIZATION
To be completed by Superintendent of Schools:
	Absence Granted / Expenses Authorized 	•
	Absence Granted / Expenses Not Authorized	•
	Absence Granted but with deduction from salary	•
	Absence Denied	•

Remarks:
	______________________________________________________________________
_

	_________	________________________________
	Date   	Superintendent's Signature
 
APPENDIX F

Article V
Section I

WARREN CITY SCHOOLS
Warren, Ohio

ASSAULT LEAVE FORM

NAME: ____________________	DATE: ____________________

SCHOOL or DEPARTMENT: 	_______________________________


Assault leave has been taken in accordance with ORC 3319.143 and Article V, 
Section I, of the Agreement between the Warren Board of Education and the 
Warren Education Association.

______ day(s) of assault leave was/were taken beginning at

____________ on _______________  _____, 20___ and ending
	Time	Month	Day

at ___________ on ______________  _____, 20___.
	Time	Month	Day


Medical attention _________________ required.
	         was/was not

If medical attention was obtained, the following information must be stated:

	Name of Physician	______________________________
	Office Address	______________________________
		______________________________

		______________________________
	Teacher's Signature

	_______________________ 	___________
	Principal 	   Date

	_______________________ 	___________
	Superintendent or Designee	   Date


 
	APPENDIX G

WARREN CITY SCHOOLS

APPLICATION TO USE DAYS FROM
THE SICK LEAVE BANK

(FILE IN TRIPLICATE)

I apply to use _________ day(s) from the District Sick Leave Bank, to be used 
for my personal illness, spouse, dependent children, as follows:

Estimated duration of illness	____________________________________


Explanation of illness:	__________________________________________

	___________________________________________________________

	___________________________________________________________


SIGNED_______________________ 	DATE ________________

ATTACHED IS MY PHYSICIAN'S STATEMENT REGARDING SAID ILLNESS.



TO:  TREASURER/PAYROLL DEPARTMENT

The above Sick Leave Bank member has been approved by the Sick Leave Bank 
Committee to use _________ day(s) from the Sick Leave Bank.

SIGNED: _____________________________________________
	(Committee Chairman, Sick Leave Bank Committee)

Date:_________________________________________________


First Copy   Treasurer
Second Copy   Sick Leave Bank Committee
Third Copy   Borrower


 

CONTINUING CONTRACT REQUEST FORM
(for WEA Staff)

Directions:

If you qualify for and wish to apply for a continuing contract:  

In accordance with Section 6.151 of the WEA Contract, please complete this 
form and return it to the Office of Human Resources.  Requests will be 
processed in accordance with deadlines in the contract.  Qualifications 
listed on reverse side.


To:	Office of Human Resources

I hold a current professional certificate/license (or permanent) in the State 
of Ohio.  I have completed the service requirements and semester hours in 
order to apply for continuing contract status/tenure.

I hereby request consideration for a continuing contract.


_______________________________ 
PRINT NAME HERE


_______________________________ 
Signature


_______________________________  
Date


Cvp  4/05
 
Qualifications for Continuing Contract Status in Ohio
(must be currently/actively employed):

•	8-year professional certificate (or permanent certificate), and
•	Three years of service in the district within the last five years.

OR

•	8-year professional certificate (or permanent certificate), and
•	Continuing status elsewhere in Ohio, and
•	Two years of service in the district within the last five years.

OR

•	5-year professional license, and
•	Master’s Degree or thirty semester hours since initial issuance of 
certificate/license *, and
•	Three years of service in the district within the last five years.
•	* In the event Master’s Degree held at time of initially receiving 
the certificate/license, six graduate semester hours required since initial 
issuance of certificate/license.

OR

•	5-year professional license, and
•	Master’s Degree or thirty semester hours since initial issuance of 
certificate/license *, and
•	Continuing status elsewhere in Ohio, and
•	Two years of service in the district within the last five years.
•	* In the event Master’s Degree held at time of initially receiving 
the certificate/license, six graduate semester hours required since initial 
issuance of certificate/license.

In accordance with the WEA contract, Continuing Contract requests will be 
acted upon at regular scheduled Board Meetings in October, January and 
April.   
Transfer Request Form
For WEA Teaching Staff Only

Directions:  In accordance with the WEA contract, this request must be 
submitted to the Personnel Office of the Warren City Schools no later than 
May 1, for the ensuing school year.  No more than two (2) preferences will be 
accepted.  A voluntary transfer request may not be withdrawn or altered after 
May 1 and it shall remain in effect until the first workday for all teachers 
of the following school year.  Any withdrawal or alteration to a request for 
a voluntary transfer before May 1 must be in writing.

The following positions shall not be available for voluntary transfer:  
Teacher in Charge of Student Services, Teacher on Special Assignment, Lead 
Mentor Teacher, Mentor Teacher, Teacher assigned to a non-public school, 
Technology Specialist, Technology Teacher, Literacy Collaborative Building 
Coordinator, Reading Recovery Teacher.

Any teacher who is granted a voluntary transfer shall not have the right to 
decline the transfer. 

Teachers shall remain in the positions to which they transfer for a minimum 
of three (3) years before they can request another transfer unless an earlier 
move is mutually agreed upon.

NAME (print):  ______________________________ 

SIGNATURE:  _____________________________  DATE: 	____________

CURRENT POSITION: ______________________  BUILDING:	__________
Assignment & Grade Level

Transfer Preference #1:	_________________________________________

Transfer Preference #2: 	_________________________________________

Note:  You may not individually list more than one building, position, and/or 
grade level per preference.  You may, however, make your choice generic.

As examples/samples, you MAY request, (each as one preference):
•	Any regular teaching position at Garfield
•	Any primary teaching position at any elementary except Lincoln or 
Garfield
•	1st grade at Lincoln
•	Middle school social studies teaching position
•	Any regular elementary middle school teaching position except 5th 
grade

As examples/samples, you may NOT request (numerous choices as one preference 
or other):
•	Grade 6, 7, 8 at East or Turner
•	1st grade at Lincoln, Laird or McGuffey
•	Physical Education or Health at Middle School or High School
•	Special Education Inclusion Classroom (reason: inclusion is not a 
position)

If a request does not comply with Section 6.03 of the WEA Contract, is 
improperly worded or not submitted on the proper form, it will be returned to 
the individual via interoffice mail for re-submission.

04/05 cvp	 

 

 

 
 
Attrition	27
Block Scheduling	37
Class Load
High School	37
Middle School	37
Class Size
Elementary	36
High School	37
Middle School	37
Displaced Teacher	20
Drug and Alcohol Testing	45
Due Process Procedure	36
Early Dismissal	31
Employee Assistance	45
Evaluation
Class Observation Report/Formal	26
Definitions of	24
Evaluation Committee	26
Evaluators	24
Formal Procedure	25
Informal Procedure	26
Objectives	24
Sources of Formal Data	25
Falsification of Certificates	10
Fringe Benefits
Dental	47
Insurances	45
Life Insurance	47
Prescription Drugs	47
Spousal Coverage	46
Vision Care Insurance	47
Voluntary Non-Participation in Health Insurance Coverage	48
Grievance Procedure
Exclusivity of the Grievance Procedure	6
Individual Contract	24
Leaves of Absence
Professional Leave	14
Lunch Period	31
Movement of Staff
Building Construction/Renovation	21
Nursing Services	2
Parental Leave
Notification of Pregnancy	13
Procedure for	13
Term of	13
Termination of	13
Personnel File
Expunging Material	31
Inspection and Rebuttal Material	31
Planning/Prep Time and Meeting/Teaming Time	31
Professional Development	29
Progressive Discipline	35
Reduction Floor
Effective 6/29/06	27
Effective 6/30/06	27
Salary
Authorized Payroll Deductions	65
Supplemental Contracts	64
Salary Notices	24
School Day	31
School Year	29
Shared Decision Making Committee	39
Sick Leave
Use for Pregnancy Purposes	14
Sick Leave (Continued Fringes), Exhaustion of	10
Special Education
Class Load	42
Movement of Classroom Unit	42
Services to Students with Disabilities	42
Supplemental Contracts	60
Teachers Awaiting Praxis Results	1
Teachers Hired under Temporary Licenses prior to 4/1/05	18
Transfers
Involuntary Transfers	19
Voluntary Transfers	18
Vacancies
Posting Procedures	22
Schedule for Posting	22