Section A  The Employer agrees there shall not be any discrimination against any employee by reason of race, creed, color, marital status, gender, disability, age, national origin, or whether said employee is a member of the Association.

 

Section B  The Association agrees not to discriminate with regard to representation of employees in the administration of this Agreement or with regard to terms and conditions of membership because of age, gender, disability, race, marital status, color, creed or national origin.

 

Section C  The Parties agree that the provisions of this Agreement shall be applied to all employees without discrimination on the basis of membership or non‑membership in the Association.

 

Section D  Nothing contained herein shall be construed to deny or restrict any rights any employees may have under the Constitutions and Laws of the United States or of the Commonwealth of Kentucky .

 

Section E  No adverse action of any kind shall be taken by the Employer or any of its agents against any employee for reason of participation in negotiations, the administration of this Agreement, the performance of duties or the exercise of the rights of citizenship.  No adverse action of any kind shall be taken by the Association or any of its members or agents against the Employer, the Superintendent or other administrators for reason of participation in negotiations, the administration of this Agreement, the performance of duties, or the exercise of the rights of citizenship.

 

Section F  The private life of an employee is not within the appropriate concern or attention of the Employer except when it adversely affects fulfillment of the employee's professional responsibility.

 

Section G  An employee shall not be required to carry out an order which is not a part of the employee's professional responsibility.

 

Section H  All employees shall carry out the following responsibilities:

 

     1.  Complying with the Employer's rules and regulations which are not inconsistent with this Agreement.

      

      2.  Adhering to the provisions of the Agreement.

 

Section I  Neither the employee nor the Employer shall tape‑record a meeting without the knowledge of the other.

 

Section J  When information is available in the School Center office, employees shall be informed when special education students and/or students with special needs/health are placed into a particular class.

 

Section K  The Employer and Employees agree to implement and comply with all applicable provisions of Commonwealth of Kentucky law governing student discipline records and reporting procedures.  The Employer shall notify each employee, where applicable, of the existence of any permanent student discipline records, as defined by the law, that pertain to the students to whom the employee provides educational or related services.  The employer shall share the contents of those student discipline files with each employee within seven (7) days that the student is placed in their classroom.

 

The parties agree to comply with all confidentiality and reporting requirements concerning student records as required by law.

 

Section L  If any school chooses to consider a deviation from this Agreement the decision making process shall include an opportunity for all employees to share their opinion.  Such a decision shall not be implemented in any school year without at least two‑thirds (2/3) concurrence of the employees.  It is expressly understood that any and all contract deviations sunset at the end of each school year.  Should the employees wish to maintain a sun-setting deviation, a new deviation of the agreement must occur.  A contract deviation vote that fails to obtain the needed two thirds (2/3) concurrence may not be re-voted on for twelve (12) months from the original vote unless both parties agree.

 

The following articles shall not be deviated from in the implementation of SBDM:

                  Article 7          Student Discipline

                  Article 8          Employee Evaluation

                  Article 9          Employee Discipline

                Article 10          Personnel Files

                Article 16          Transfers

                Article 18          Lay‑Off/Recall

                Article 27          Compensation

                Article 29          Grievance Procedure

 

Employees who participate on committees established by SBDM Councils will be selected in accordance with local school Council policy.  All committee participation that exceeds the weekly meeting maximum as defined in Article 11, Teaching Load and Duty Hours will be voluntary.

 

Section M  The Parties agree that SBDM Councils may adopt and enforce policies pertaining to the matters that are dealt with in the provisions of the Agreement that are listed below even if the adopted policies conflict with these provisions.  However, the provisions of the Agreement that are listed below shall be enforceable and recognized as binding throughout the District, except to the extent that a SBDM Council has taken lawful actions at a specific school that are contrary to the provisions listed below.  If the policies, decisions or actions of a SBDM Council conflict with any provisions of the Agreement that are not listed, those policies, decisions and actions shall not be enforceable or recognized as valid.

 

Article 6 (Academic Freedom),

Section(s) C and D

Article 11 (Teaching Load and Duty Hours),

 Section(s) A, B, C, D, E, F, H, K and Q

Article 12 (Class Size),

Section(s) A, B, C, E, and F

 

Article 13 (Materials and Facilities),

 Sections(s) A, B, C, E, F and H

Article 15 (Assignment), Preamble

Section(s) A, B, C and I

Article 23 (Team Leaders, Dept. Heads

and Grade Group Leaders)

Article 24 (Librarians), Section B 

 

Section N  The provisions of this Agreement apply to part‑time employees, including any retirees included in the bargaining unit, except Article 11 (Teaching Load and Duty Hours), Article 15 (Assignment), Article 16 (Transfers), Article 26 [Leaves of Absence, Section C (Emergency Leave) and Section D (Personal Leave)], and Article 27 [Section A (Compensation Schedules), Section B (Insurance and Fringe Benefit Pool), and Section C (Early Retirement Benefit Schedules)].

 

Sick leave shall be prorated monthly or major fraction thereof and compensation shall be prorated from the salary schedules in Article 27.

 

Section O  Employees and administrators shall be treated in a professional manner at all times.

 

Section P  Employees shall not be required to transport parents.  Employees will also not be required to transport students unless it is a part of the regularly assigned duties.

 

Section Q  Employees, except Resource Teachers, shall not be required to chair ARCs.

 

Section R  Early Childhood classrooms shall be staffed according to the requirements of the Commonwealth of Kentucky .

 

Section S  All student records, when requested, shall be forwarded to the receiving school within seven (7) days, if available.

 

Section T  The Employer shall provide Safe Crisis Management training for any employee requesting such training.

 

Section U  If requested by any employee, employee votes shall be by secret ballot.