ARTICLE
NINE
SCHOOLS AND PROGRAMS WITH MODIFIED WORK SCHEDULES
A.
Chapter 683 Program
UFT-represented employees who
elect to be employed in the Board's program which implements Chapter 683 of the
Laws of 1986 ("Program'') shall serve under the following terms and
conditions of employment during July and August:
1.
The gross annual salary rate of each such employee who serves the same
student population during the regular work year (September through June) as is
eligible to participate in the Program during July and August shall be computed
by adding the sum of either:
a.
seventeen and one-half (171/2) percent of the
applicable gross annual salary rate; or
b.
the number of hours served during July and August multiplied by the
applicable per session rate; whichever is greater, to the employee's annual
salary rate ascertained without consideration of said sum.
2.
The pay rate of each such employee who does not serve the same student
population during the regular work year (September through June) as is eligible
to participate in the Program in July and August shall be the applicable per
session pay rate.
3.
a. As set forth in the
applicable Board Vacancy Circulars advertising the positions available for the
1988 Program, the selection procedure for the Program shall provide a priority
to those employees who serve the same student population during their regular
work year as is eligible to participate in the Program in July and August.
b.
Employees who serve satisfactorily in the Program during July and August
for two successive years shall be retained for succeeding years if they apply to
serve in the Program during July and August provided they continue to serve the
same eligible student population during their regular work year. Retention
rights of other employees who serve satisfactorily in the Program during July
and August for two successive years shall be subordinate to the rights of those
employees who serve the same eligible student population during the regular work
year.
c.
If there is a reduction of positions in the Program during July and
August, employees who are lowest in order of priority for selection will be the
first to be retrenched, in inverse seniority order.
4.
The work day for employees serving in the Program during July and August
shall be 5 hours and 50 minutes (6
hours effective February 2006) exclusive of one-half hour for a duty-free lunch.
5.
Employees paid in accordance with Paragraph 1 of this Article Nine A
will receive two sick days for use during July and August on a self-treated
basis. Unused sick days shall be
accrued and credited to the employee's cumulative absence reserve for use during
the regular school year.
6.
In light of the needs of the student population served by the Program,
the Board is committed to providing air-conditioned facilities for as many sites
as possible. The Board will keep the
7.
The Board official with responsibility for this Program shall meet and
consult at times mutually agreed with representatives of the Union on matters of
policy and the implementation of this Article Nine A.
8.
Except as otherwise set forth in this Article Nine A:
a.
the working conditions for employees paid in accordance with Paragraph 1
of this Article will be consistent with the standards of working conditions for
the regular work year prescribed in this Agreement.
b.
the working conditions of employees paid in accordance with Paragraph 2
of this Article will be those working conditions applicable to per session
employees covered by this Agreement.
B. Extended
Time Schools
In
order to raise student performance, the Chancellor has designated certain SURR
and low performing schools as “Extended Time Schools” in which there will be
an extended school day/year. The
parties believe that implementation of this extended school schedule over a two
year period will succeed in turning around low performing schools and having
them removed from the SURR list. It
is the intent of the Chancellor that no school should remain on an extended time
schedule for more than three years. The
Chancellor may de-designate a school as an
1. Time and Compensation
a. In such
designated Extended Time Schools, employees shall work a mandated seven hour
work day, inclusive of a duty-free lunch period, and an additional five workdays
immediately preceding the start date designated at the beginning of the school
year. Effective February 2006,
paraprofessionals in ETS shall report on Brooklyn-Queens Day for professional
development.
b.
The gross annual salary of employees who work this additional time in
Extended Time Schools shall be in accordance with the salary schedules set forth
in Appendix C.
2.
Staffing
a.
Employees currently serving in schools which become Extended Time Schools
will have the option to be excessed from the school.
Those staff who are excessed will be offered the broadest placement
choices available within the authority of the Board; and where possible, their
wishes will be taken into account when placing them into positions.
b.
Nothing herein precludes the right of the Board to close or redesign a
school in which case staffing shall be done in accordance with Article 16
(“Staffing New or
c.
No one shall be involuntarily excessed to or involuntarily transferred to
an
d.
Employees in Extended Time Schools who are involuntarily excessed from
their school will be offered the opportunity to apply to a vacancy in another
3.
Service Commitment
a.
Eligibility for the pro rata salary shall be conditional upon a
commitment by the employee to work in the system for a minimum of an additional
three years. An employee who does
not remain for the full three years will be liable to the Board for the
additional salary received while in the Extended Time School in an amount equal
to the lesser of the actual pro-rata addition to the employee’s gross salary
or the total of the previous 12 months of the pro rata addition to the
employee’s gross salary. In
addition, in the event that an employee who is earning the pro rata salary
leaves the system prior to the expiration of the employee’s three year service
commitment, then such employee’s compensation and salary for pension benefits
as well as such employee’s termination pay for unused cumulative absence
reserve shall be calculated as though such employee had not received a pro rata
increment on his/her salary. The
three year service requirement shall not apply in the event that an employee is
laid-off or excessed or is unable to complete the service requirement due to a
medical incapacity approved by the Board’s Medical Bureau or upon approval of
special circumstances by the Chancellor. Individual
employees in Extended Time Schools will be required to sign a document agreeing
to the terms and conditions described herein.
b.
In the event that a designated school remains on the extended time
schedule for less than three years, then the service commitment shall be reduced
commensurately, and. an employee will
have the opportunity at the next reorganization to return to the school from
which the employee transferred and
take the employee’s rightful place in seniority order.
4.
Miscellaneous
a.
In Extended Time Schools, Article 8B of the Teachers Agreement
(School-Based Options) shall require approval of 55% of those voting.
b.
The Special School-Based Option and SBO threshold for approval of the
creation or recreation of administrative duties, compensatory time positions and
homeroom shall be 55% of those voting.
c.
The Board official(s) with responsibility for this Program shall meet and
consult at times mutually agreed with representatives of the
d.
In the event the Chancellor terminates the Extended Time Schools program
then the terms of this Article 9B shall expire.
e.
Except where they conflict with provisions set forth in this Article Nine
B, all other terms and conditions of this collective bargaining agreement apply
to employees serving in the Extended Time Schools program.
C. Second
Opportunity Schools (SOS) Program
Employees who elect to be
employed in the Second Opportunity Schools (SOS) Program shall serve in the
Program under the following terms and conditions of employment:
1.
For the period of September through June (regular school year), the gross
annual salary rate of each employee shall be increased by an amount pro-rated to
the additional time such employee is scheduled to work over and above the work
day provided in Article 4B and is set forth in Appendix
D of this Agreement.
2.
For the period of July and August, the gross annual salary rate of each
employee in the SOS Program shall be increased by an amount pro-rated to the
additional time such employee is scheduled to work in July and August over and
above the work year provided in Article 4A.
3.
In the event that it becomes necessary to employ any employee who did not
serve in the SOS Program during the regular school year, his/her pay for any
time worked during July and August will be the applicable per session rate for
the hours worked, and the other provisions of the contract applicable to per
session employment shall also apply. However,
retention rights of employees paid at
the per session rate shall be subordinate to the rights of employees who serve
in the SOS Program during the regular school year.
4.
During September through June, the contractual school workday required
for employees serving in the Program shall be seven hours, inclusive of a
duty-free lunch period of 40 minutes. In
addition, the workday required for all employees serving in the Program during
July and August shall be four and one-half hours.
No lunch period shall be scheduled during the summer.
5.
The work year for employees shall be in accordance with this collective
bargaining agreement during September through June, and in addition, thirty
working days during July and August.
Effective February 2006 paraprofessionals shall report to work on the
Thursday and Friday before Labor Day and on Brooklyn-Queens Day for professional
development.
6.
Employees in the SOS Program will receive twelve self-treated sick days
per year, accrued at the rate of one day per month, including one day for the
month of August.
7.
Employment in the Program is by application on a voluntary basis.
Applicants must commit to at least three years of paid service with the
Board of Education commencing with the first day of service in the Program.
In the event that an employee who has participated in the Program retires
from service prior to the third anniversary of such employee’s first date of
participation in the Program, then such employee’s compensation and salary for
pension purposes shall be calculated as though such employee had not
participated in the Program. The
three year service requirement shall not apply in the event that the employee is
terminated or is unable to complete the service requirement due to a medical
incapacity approved by the Board’s Medical Bureau.
8.
For all contractual purposes, the SOS Program shall be considered two
schools. The middle school sites
shall be considered one school and the high school sites shall be considered one
school.
9.
Employees serving in the SOS Program shall have retention rights at their
sites subject to the following:
a.
If staffing needs within an SOS Program school requires contracting the
staff at one site and expanding staff at another site, the Board will first seek
volunteers who wish to transfer from the contracting site to the expanding site.
The senior qualified volunteer shall be selected.
If no qualified volunteer exists, the Board will transfer the junior
employee, who qualifies for the position. The
employee so transferred is entitled to return to his/her former site at the next
reorganization in accordance with his/her seniority.
b.
If demonstrated needs require the Board to transfer an employee to
another site, the Board will inform the employee of the reason for the transfer.
The employee may grieve to determine whether the transfer was based on
justifiable reasons.
c.
The Board will place the employee reassigned pursuant to (a) or (b) above
in an appropriate vacancy within the SOS Program school in the same borough.
If it is necessary to reassign the employee outside the borough, the
preferences of the employee shall be taken into consideration.
d. No later than sixty days before the end of the term, a list of potential vacancies for the following term will be posted at each site, including vacancies anticipated through retirements and the opening of new sites. Employees may file preference requests for reassignments to such sites with the principal and will be considered for such reassignments.
10.
There shall be one chapter leader for the middle school sites and one for
the high school sites in the Program, a total of two.
11.
In light of the needs of the student population served by the Program,
the Board is committed to providing air conditioned facilities for as many sites
as possible. The Board will keep the
12.
The Board official with responsibility for this Program shall meet and
consult at times mutually agreed with representatives of the
13.
Except where they conflict with provisions
set forth in this Article Nine C all other
terms and conditions of this collective bargaining agreement covering their
title apply to employees serving in the SOS Program.