| Location | West Hartford, CT |
AGREEMENT Between the WEST HARTFORD BOARD OF EDUCATION and the WEST HARTFORD EDUCATION ASSOCIATION July 1, 2025 To June 30, 2028 AGREEMENT BETWEEN THE WEST HARTFORD BOARD OF EDUCATION AND THE WEST HARTFORD EDUCATION ASSOCIATION, INC. JULY 1, 2025 TO JUNE 30, 2028 TABLE OF CONTENTS Page ARTICLE I Recognition .....................................................................................1 ARTICLE II Salaries .............................................................................................1 ARTICLE III Salary Deductions ............................................................................5 ARTICLE IV Board Prerogatives ...........................................................................6 ARTICLE V Personal Injury Benefits ..................................................................7 ARTICLE VI Grievance Procedure ........................................................................8 ARTICLE VII Leaves of Absence .........................................................................15 ARTICLE VIII Insurance ........................................................................................22 ARTICLE IX Assignments, Vacancies, Transfers and Promotions .....................26 ARTICLE X Summer Employment ....................................................................29 ARTICLE XI Continuing Education Employment ...............................................31 ARTICLE XII No Strike Provision ........................................................................32 ARTICLE XIII Collection of Money ......................................................................32 ARTICLE XIV Lunch Period ..................................................................................32 ARTICLE XV Evaluation Safeguards ...................................................................32 ARTICLE XVI Class Size, Teacher Load and Extracurricular, Co-curricular and Proctoring Assignments ..............................33 ARTICLE XVII Educational Climate .......................................................................38 ARTICLE XVIII Committees ....................................................................................39 ARTICLE XIX Forced Staff Reduction and Recall ................................................40 ARTICLE XX Duration ........................................................................................44 ARTICLE XXI Savings Clause ...............................................................................45 Signature Page ...............................................................................46 - 1 - AGREEMENT between the WEST HARTFORD BOARD OF EDUCATION and the WEST HARTFORD EDUCATION ASSOCIATION, INC. This Agreement is made and entered into by and between the WEST HARTFORD BOARD OF EDUCATION [hereinafter referred to as the "Board"], and the WEST HARTFORD EDUCATION AS SOCIATION, INCORPORATED [hereinafter referred to as the "Association"]. ARTICLE I RECOGNITION 1.1 The Board recognizes the Association, for the purposes of professional negotiations, as the exclusive representative, pursuant to 10 -153a through 10- 153g of the Connecticut General Statutes, as amended, of all these certified professional employees of the Board in positions requiring teaching or special certificates and for persons employed under a durational shortage area permit. The employees in such positions are hereinafter generally called "teachers." ARTICLE II SALARIES 2.1 The salaries of all persons covered by this Agreement are set forth in Appendix "A" which is attached hereto and made a part of this Agreement. 2.2 The Parties hereby adopt the Contract of Employment form attached hereto as Appendix B -1. The Parties hereby accept the Annual Salary Rate Notification, Notification of Coaching and/or Extracurricular Assignment, and Salary Payment Option forms attached hereto. Appendices B -2 throug h B -4 shall be used for information purposes. The terms of this Agreement and/or state law shall prevail over any inconsistent agreement set forth in such form. - 2 - 2.3 Subject to the Board's right to change the school year for students and subject to the Association's right to negotiate over the impact of any such change, the work year shall be 185 days, of which 182 shall be student days. In the event of termination of the contract of employment of a person covered under this Agreement, the Board of Education agrees to pay such portion of earned salary that may be due. Earned salary shall be computed as follows: Per diem compensation (annual salary divided by 185 days ) for each day worked, including approved absences. 2.4 Salary installments are payable on the fifteenth and the last day of each month. All employee elected deductions will be withdrawn equally over twenty paychecks between September and June. 2.5 Each employee covered by this Agreement whose base work year is ten months shall have the option of being paid his/her annual salary in either twenty (20) payments for a ten month period or in bi-monthly pay periods (24 payments) for a twelve month period beginning with September 1st. This option shall not be subject to cancellation during any annual salary period and shall continue in effect unless the employee notifies the Payroll Office by June 30 that he/she is canceling the option effective commencing in the ensuing annual salary period. Teachers hired after the first pay period during the first year of employment shall be paid his/her annual salary prorated according to the percentage of the work year the teacher works. Such new hires shall have the option to elect their preferred pay cycle, specifically twenty (20) or twenty-four (24) pay periods as referenced above. All employees must participate in direct deposit of paychecks and electronic notification. 2.6 Salary installments are subject to required deductions for the State Teachers' Retirement Fund, the United States Withholding Tax, State of Connecticut withholding tax and the representative service fee, as well as other agreed -to deductions which the teacher may in writing authorize. Any tax shelter approved by the parties as of June 30, 2015 will continue regardless of the number of participants. Funds deducted for tax sheltered annuities shall be remitted to the designated annuity company twice monthly within five business days of the payroll date. 2.7 Teachers employed prior to April 1 in any school year shall move one step on the salary schedule in years in which step movement is negotiated. Steps on the salary schedule may be withheld by the Superintendent for inadequate performance of reasonably assigned responsibilities. Employees on the highest step of the salary schedule may be denied any salary increase by the Superintendent for inadequate performance of reasonably assigned responsibilities provided that such denial shall not result in such employee being paid a lower salary than an employee on the second highest step of the salary schedule in the Agreement. - 3 - 2.8 No employee will be disciplined (i.e. reprimanded, suspended or denied an increment) without just cause. Before a written reprimand may be placed in a teacher's personnel file, the administrator must meet with the teacher and provide the teacher with an opportunity to discuss the matter and present reasons why the reprimand is not justified. Said meeting shall occur at least 24 hours before a written reprimand may be placed in a teacher's file. 2.9 An interim teacher is a temporary employee who (A) is certified for his/her teaching assignment; (B) serves a minimum of forty (40) consecutive workdays in the school year in which employed because a regularly-employed teacher is on leave or is in a temporary assignment; (C) is newly employed each school year; (D) has no expectation or right to further employment or to special consideration for further employment. Interim teachers shall be informed in writing before commencing employment that their term of employment shall not exceed the school year. The salary of interim teachers shall be in accordance with the salary provisions of this Agreement and the rules and regulations of the West Hartford Board of Education. 2.10 Placement on the salary schedule of teachers new to West Hartford will be based on academic degree(s) and experience. In general, one (1) step will be allowed for each year of continuous experience up to five (5) years (6th step) if the experience is immediately preceding appointment. Credit for interrupted service, for military service (up to three (3) years) or for more than five (5) years of continuous teaching experience shall be granted as determined by the Superintendent or his/her designee. Under certain conditions, credit may be allowed for trade and industrial experience, business experience, social work, clerical work, and other experience where such experience contributes directly to the professional competence and ability of the teacher. In areas designated as shortage areas by the Commissioner of Education, the Superintendent or his/her designee may approve of starting people on the schedule up to three (3) steps beyond that indicated by previous teacher experience. The Association shall be notified in writing in such cases. To assure that outside experience is not credited greater than West Hartford Public Schools experience, teachers newly hired in the future will receive step credit for prior experience equivalent to step credit given to teachers already employed by the Board. - 4 - In determining credit for salary advancement, the parties agree as follows: Bachelor A Baccalaureate Degree earned at an accredited college or university. Master A Master's Degree earned at an accredited college or university in a program of at least thirty (30) credits after earning a Bachelor's Degree or the completion of thirty (30) credits beyond a Bachelor's Degree in a program approved by accredited colleges or universities. Masters+10 A Master's Degree earned at an accredited college or university that required more than forty credits, or a Master's Degree with an additional ten (10) or more credits at the graduate level. Masters+20 A Master's Degree earned at an accredited college or university that required more than fifty credits, or a Master's Degree with an additional twenty (20) or more credits at the graduate level. Masters+ 30 A Master's Degree earned at an accredited college or university that required sixty (60) or more credits, or a Master's Degree with an additional thirty (30) or more credits at the graduate level, or a "Sixth Year Certificate" from an accredited college or university, or a second Master's Degree at an accredited college or university. PHD/EDD A Doctorate's Degree earned at an accredited college or university (includes PhD, EdD, or JD). 2.11 Upon successful completion of the process resulting in such certification, the Board shall reimburse any teacher applying to the National Board of Professional Teaching Standards for national certification for up to $2,000 in expenses, as approved by the Superintendent in advance, incurred by the teacher in the application process, including the application fee and the costs of materials required, and any necessary travel. The Board shall pay an annual stipend of $1,000 to any teacher who is and remains certified by the National Board of Professional Teaching Standards. "National Board Certification" includes the following: NBPTS (National Board for Professional Teaching Standards), ASHA (American Speech-Language-Hearing Association), NASP (National Association of School Psychologists), and NBCC (National Board for Certified Counselors). 2.12 Upon successful completion of the process resulting in such certification, the Board shall reimburse any social worker, school psychologist, and speech-language pathologist for required licensure and/or certification maintenance fees required for that bargaining unit member to bill for Medicaid services in which the district receives reimbursement, that exceed requirements to maintain Connecticut teaching certification, to include certifications from: the National Association of Social Workers (NASW), the National Association of School Psychologists (NASP), the American Speech-Language-Hearing Association (ASHA), and the Connecticut Department of Public Health (DPH). - 5 - 2.13 The Board will expend up to $120,000, effective July 1, 2025, $130,000 effective July 1, 2026, and $140,000 effective July 1, 2027 annually to reimburse teachers up to $1,500 per year for graduate courses as approved in advance. Requests for reimbursement will be submitted by May 1st of the fiscal year in which the course is taken. After June 1st, teachers shall be informed of the amount they will receive for reimbursement, which shall not exceed the cost of the course taken as well as how many requests for reimbursement there are. If applications exceed the monies available, the monies will be divided equally by the number of applicants still ensuring the amount of reimbursement does not exceed the cost of the course (ensuring every teacher gets the same percentage of reimbursement). 2.14 Employees hired after 7/1/2013 shall be eligible for a longevity benefit. If a teacher has remained in continuous service with West Hartford Public Schools, except for leaves as defined in Article VII, for 20 or more years, the teacher shall receive an added annual salary stipend of $250 each year worked beyond 20 years. At 25 years of continuous service with West Hartford Public Schools, the stipend shall increase to $650 each year worked beyond 25 years. ARTICLE III SALARY DEDUCTIONS 3.1 Association Membership Dues A. The Association shall certify in writing to the Board annually by no- later- than August 1 the membership dues for the West Hartford Education Association, the Connecticut Education Association and the National Education Association for the ensuing year. B. The Board of Education agrees to deduct from each employee who so authorizes in writing an amount equal to the Association membership dues by means of payroll deductions. The amount of the deduction from each paycheck for membership dues shall be equal to the total Association membership dues divided by the number of paychecks from and including the first paycheck in September through and including the last paycheck in June. C. The Board shall provide the Association with the following information annually by the first pay date in October and shall also inform the Association of any changes monthly thereafter up to and including the first pay date in June: (1) the names of all employees covered under this Agreement; (2) the date that each employee commenced employment in the current year; and (3) the proportion of the workday each employee is employed. D. The Board of Education agrees to forward to the Association each pay period a check for the amount of money deducted during that pay period. The Board shall include with such check a list of teachers from whom such deductions were made. - 6 - 3.2 Credit Union Deductions The Board agrees to deduct from the salaries of its employees such amounts as said employees individually and voluntarily authorize the Board to deduct, and to transmit such sums promptly to the Franklin Trust Federal Cr edit Union or one additional Credit Union if agreed to by the Board and Association for deposit to such employee's account. Employee authorization for such deductions shall be in writing in the form attached hereto as Appendix C. 3.3 Indemnification The Association shall hold the Board harmless against any and all claims, demands, liabilities, lawsuits, attorneys' fees or other costs which may arise out of, or by reason of, actions taken against the Board as a result of the enforcement or administration of this Article. 3.4 The Board shall establish and maintain an I.R.C. Section 457(b) Deferred Compensation Plan for the purpose of employee saving through payroll deduction. ARTICLE IV BOARD PREROGATIVES 4.1 Except as is otherwise specifically provided in this Agreement, as the same may be amended from time to time, it is recognized that the Board has and will continue to retain, whether exercised or not, the right, responsibility and prerogative to direct the operation of the public schools in the Town of West Hartford including but not limited to the following: to maintain public elementary and secondary schools and such other education activities as in its judgment will best serve the interests of the Town of West Hartford; to give the children of West Hartford as nearly equal advantages as may be practicable; to decide the need for school facilities; to determine the need and program for the summer school, if any; to determine the maintenance and operation of buildings, lands, apparatus and other property used for school purposes; to determine the number, age and qualifications of the pupils to be admitted into each school; to employ, assign and transfer teachers or other certified personnel; to suspend or dismiss the teachers of the schools; to designate the schools which shall be attended by the various children within the town, to make such provisions as will enable each child of school age residing in the town to attend school for the period required by la w and provide for the transportation of children wherever it is reasonable and desirable; to prescribe rules for management, studies, classification and discipline for the public schools; to decide the textbooks to be used; to make rules for arrangement, u se and safe- keeping of the school libraries and to approve the books selected therefor and to approve plans for school buildings; to prepare and submit budgets and, in its sole discretion, - 7 - expend monies appropriated by the town for the maintenance of the schools, and to make such transfers of funds within the appropriated budget as it shall deem desirable. These rights, responsibilities and prerogatives are not subject to delegation in whole or in part, except that the same shall not be exercised in a manner inconsistent with or in violation of any of the specific terms and provisions of this Agreement. ARTICLE V PERSONAL INJURY BENEFITS 5.1 Whenever an employee is absent from school as a result of personal injury caused by an assault arising out of and in the course of his/her employment, (including work performed during the summer months) in accordance with Connecticut General Statutes § 10- 236a he/she shall be paid his/her full salary (less the amount of any worker's compensation award made for temporary disability due to said injury) for the period of such absence. Such period shall not exceed the compensable period for worker's compensation. Whenever an employee is absent from school as a result of personal injury caused by an accident arising out of and in the course of his/her employment (including work performed during the summer months), the employee shall receive the workers' compensation payment and, at the election of the teacher, a supplement so that the teacher receives full pay, provided that in such cases the leave shall be charged to his/her annual or accumulated sick leave on a pro rata basis. Such period shall not exceed the compensable period for worker's compensation. 5.2 Should an employee recover from a third party damages for an illness or injury, (including death) that is compensable pursuant to Conn. Gen. Stat. Chapter 568 (Workers' Compensation), the employee shall re imburse the Board for the supplemental wage payments paid to them or on their behalf, up to the limit of such recovery, in the same manner that workers' compensation payments are reimbursed under applicable law (Conn. Gen. Stat. § 31-193). 5.3 The Board will reimburse employees up to $250 for the cost of repair or replacement of personal property damaged or destroyed during the performance of the employee's duties. Such personal property shall consist of eyeglasses, watches, and/or clothing. Any teacher who wishes to file a claim for reimbursement under this paragraph must notify the Superintendent or their designee within five school days after the incident and will be offset by any insurance claim. - 8 - ARTICLE VI GRIEVANCE PROCEDURE 6.1 Purpose Grievance is hereby defined to mean: Type A -- a dispute between an employee or the Association and the Board or the Administration concerning the interpretation of a provision of this Agreement with the exception of Article IV (Board Prerogatives) Type B -- 1) a d ispute between an employee or the Association and the Board or the Administration concerning the interpretation of Article IV (Board Prerogatives); 2) a dispute between an employee or the Association and the Board or the Administration concerning the interpretation of a specific provision of the School Code that relates to salaries or other conditions of employment; or 3) a complaint by an employee that an action taken or refused by an administrator was unfair. 6.2 Procedure A. Type A and Type B Grievances (1) Informal a. If a teacher feels that he/she may have a grievance, he/she should first discuss the matter with his/her principal or other appropriate administrator in an effort to resolve the problem informally. b. If the teacher is not satisfied with such disposition of the matter, he/she shall have the right to have the Association assist him/her in further efforts to resolve the problem informally with the principal or other appropriate administrator. (2) Formal a. Level One - Principal or Immediate Superior An employee with a grievance shall first discuss it with his/her immediate superior or principal (either alone or with an authorized Association representative in attendance, if the employee so desires) with the objective of reso lving the matter. The written statement of the employee's grievance shall contain a statement of facts, or a statement of the action taken or refused by administrative personnel which he/she feels is unfair to him/her, a reference to that provision of thi s Agreement, or of the School Code, if any, which the employee - 9 - claims has been violated, and the remedy requested. This statement is to be submitted on Grievance Form A. b. Level Two - Superintendent [1] In the event that the employee is not satisfied with the disposition of his/her grievance at Level One, or in the event that no decision has been rendered within one (1) calendar week following presentation of the grievance, the employee may advance his/her grievance to the Superintendent and the Associa tion through its President. The Superintendent must receive the grievance in writing on the approved form (Form B) within two (2) calendar weeks following the presentation of the grievance at Level One. [2] The Superintendent or his authorized representative(s) shall represent the administration at this level of the grievance procedure. Such authorized representative(s) shall be invested with authority to decide grievances for the Superintendent at this level. Within one (1) calendar week following receipt of the written grievance by the Superintendent, he or his authorized representative(s) shall meet with the aggrieved person (either alone or with an authorized Association representative in attendance, if the employee so desires). The Superintendent shall render a decision within one (1) calendar week following the conclusion of such meeting. B. Type A Grievances (1) Level Three - Board of Education a. In the event that the employee is not satisfied with the disposition of his/her grievance at Level Two, the employee may advance his/her grievance to the Board. The Board must receive the grievance in writing (Forms A, B and C) within one (1) calendar week following receipt of the decision at Level Two. b. The Board, or its designated committee of Board members, shall meet with the employee within two (2) calendar weeks following receipt of the grievance. The Board shall render a decision within two ( 2) calendar weeks following the conclusion of such meeting. - 10 - (2) Level Four - Binding Arbitration a. In the event that the employee is not satisfied with the disposition of his/her grievance at Level Three, the Association may submit the grievance for binding arbitration. b. The Association must notify the Superintendent of Schools in writing of its intention to submit a grievance for binding arbitration within thirty (30) calendar days following receipt by the aggrieved of the decision at Level Three and must commence the process for arbitration within five (5) calendar days following receipt of such notification by the Superintendent. c. The Association may submit a grievance for arbitration to a Committee of Three, or if requested by either the Association or the Board, to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center. If a grievance is submitted to the American Arbitration Association or, at the option of the Association, to t he Alternative Dispute Resolution Center, the Board and the Association may choose expedited arbitration provided they mutually agree to do so. d. A Committee of Three shall be persons selected jointly by the Association and the Superintendent who are e xperienced, impartial and disinterested parties of recognized competence. e. If the Parties are unable to agree upon a Committee within five (5) calendar days following receipt by the Superintendent of notification from the Association of its intention to submit the grievance for arbitration, the Association shall submit the grievance immediately to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center for binding arbitration in accordance w ith its administrative procedures, practices and rules. f. The Committee or the arbitrator shall receive evidence of the facts of the grievance and hear arguments of the Parties following which the Committee or the arbitrator shall render to the Superint endent, the Board, and the Association a finding of the facts relating to the grievance and a decision whether a specific provision of this Agreement was misinterpreted. - 11 - g. The Committee or the arbitrator shall hear and decide only one grievance in each case, shall be bound by and must comply with all of the terms of the Agreement and shall have no power to add to, delete from, or modify in any way any of the provisions of this Agreement. The decision of the Committee or the arbitrator shall be binding upon both parties and all employees during the life of this Agreement, unless the same is contrary to law. h. All costs and expenses for the services of a Committee or an arbitrator shall be borne equally by the Board and the Association. C. Type B Grievances - Alternative I (1) Level Three - Board of Education a. In the event that the employee is not satisfied with the disposition of his/her grievance at Level Two, the employee may advance his/her grievance to the Board. The Board must receive the grievance in writing (Forms A, B and C) within one (1) calendar week following receipt of the decision at Level Two. b. The Board, or its designated committee of Board members, shall meet with the employee within two (2) calendar weeks following receipt of the grievance. The Board shall render a decision within two (2) calendar weeks following conclusion of such meeting. (2) Level Four - Advisory Arbitration a. In the event that the employee is not satisfied with the disposition of his/her grievance at Level Three, the Association may submit the grievance for advisory arbitration. b. Under Alternative I the Association must notify the Superintendent of Schools in writing of its intention to submit a grievance for advisory arbitration within thirty (30) calendar days following receipt by the aggrieved of the decision at Level Three and must commence the process for advisory arbitration within five (5) calendar days following receipt of such notification by the Superintendent. c. The Association may submi t a grievance for arbitration to a Committee of Three, or if requested by either the Association or the Board, to the American Arbitration Association or, at the option of the Association, to the Alternative Dispute Resolution Center. - 12 - d. A Committee of Three shall be persons selected jointly by the Association and the Superintendent who are experienced, impartial and disinterested parties of recognized competence. e. If the Parties are unable to agree upon a Committee within five (5) calendar days following receipt by the Superintendent of notification from the Association of its intention to submit the grievance for advisory arbitration, the Association shall submit the grievance immediately to the American Arbitration Association or, at the option of t he Association, to the Alternative Dispute Resolution Center for advisory arbitration in accordance with its administrative procedures, practices and rules. f. The Committee or the arbitrator shall receive evidence of the facts of the grievance and hear arguments of the Parties following which the Committee or the arbitrator shall render to the Superintendent, the Board and the Association a finding of the facts relating to the grievance and an advisory opinion whether, as applicable, Article IV of this Agreement was misinterpreted, or a specific provision of the School Code that explicitly relates to salaries or other conditions of employment was misinterpreted, or any action taken or refused by administrative personnel was unfair. The Committee or the arbitrator shall have no power or authority to render an opinion the effect of which would be to modify, alter or amend the terms of the Article. g. The opinion of the Committee or the arbitrator shall be submitted to the Board and the Association and sha ll be advisory only and no judgment may be entered thereon. h. Upon receipt and consideration of the report of the Committee or the arbitrator, the Board shall reconsider the decision made at Level Three and shall notify the employee and the Association of its decision to modify or affirm same within two (2) calendar weeks of receipt of the report. During the reconsideration, the Board may request but not require that the employee meet with the Board. i. All costs and expenses for the services of a Commi ttee or an arbitrator shall be borne equally by the Board and the Association. D. Type B Grievances - Alternative II (1) In the event that the employee is not satisfied with the disposition of his/her grievance at Level Two, the Association may submit th e grievance for advisory arbitration. (2) Under Alternative II the Association must notify the Chairman of the Board of Education in writing of its intention to submit a grievance for advisory arbitration within fifteen (15) calendar days following - 13 - receipt of the decision of the Superintendent at Level Two and must commence the process for advisory arbitration within five (5) calendar days following receipt of such notification by the Chairman of the Board of Education. (3) The Association may submit a gr ievance for arbitration to a Committee of Three, or if requested by either the Association or the Board, to the American Arbitration Association. (4) A Committee of Three shall be persons selected jointly by the Association and the Superintendent who are experienced, impartial and disinterested parties of recognized competence. (5) If the Parties are unable to agree upon a Committee within five (5) calendar days following receipt by the Chairman of the Board of notification from the Association of its intention to submit the grievance for advisory arbitration, the grievance shall be submitted immediately to the American Arbitration Association for advisory arbitration in accordance with its administrative procedures, practices and rules. (6) The Committee or the arbitrator shall receive evidence of the facts of the grievance and hear arguments of the Parties following which the Committee or the arbitrator shall render to the Superintendent, the Board and the Association a finding of the facts rela ting to the grievance and an advisory opinion whether, as applicable, Article IV of this Agreement was misinterpreted, or a specific provision of the School Code which relates to salaries or other conditions of employment was misinterpreted, or any action taken or refused by administrative personnel was unfair. The Committee or the arbitrator shall have no power or authority to render an opinion the effect of which would be to modify, alter or amend the terms of this Agreement. (7) The opinion of the Comm ittee or the arbitrator shall be submitted to the Board and the Association and shall be advisory only and no judgment may be entered thereon. (8) The Board, or its designated committee of Board members, shall meet with the aggrieved and the Superintendent and/or his designee within two (2) calendar weeks following receipt of the opinion of the Committee or the arbitrator. (9) The Board shall affirm or modify the decision rendered at Level Two based on the findings of the meeting with the aggrieved and the Superintendent and the opinion of the Committee or the arbitrator. (10) The Board shall render a decision within two (2) calendar weeks following the meeting of the Board or its designated committee with the aggrieved and the Superintendent. - 14 - (11) All costs and expenses for the services of a Committee or an arbitrator shall be borne equally by the Board and the Association. 6.3 Rights of Employee to Representation A. No reprisals of any kind shall be taken by the Board or by any member of the administration against anyone by reason of participation in the grievance procedure or support of any participant thereto. B. Any employee or the Board may be represented at any stage of this grievance procedure by any person(s) of his/her or its choice, provided however, that exclusive organizational representation shall be by the Association. When the employee is not represented by the Association, the Association shall be given an opportunity to be present and state its views at any stage of this grievance procedure. 6.4 Miscellaneous A. The Board and the Association agree that (1) Every reasonable effort should be made to resolve grievances at the administrative level most directly involved. (2) Nothing herein contained shall be construed as limiting the right of any employee having a grievance or dispute to discuss the matter informally with an authorized representative of the administration or the Association or both. B. Since it is important that grievances or disputes be processed as rapidly as possible, the number of days indicated at any level should be considered as maximum and every effort should be made to expedite the process. The time limits specified at all levels may be extended by the mutual agreement of the Superintendent of Schools and the President of the Association. C. A class grievance is a grievance affecting a group or class of employees covered under this unit. The WHEA is the grievant in a class grievance. A class grievance shall commence at Level Two. Before the WHEA files a class grievance, the President of WHEA and the Superintendent or his designee shall meet and seek to resolve the issue(s) informally. D. Any grievance, not presented for disposition through the grievance procedure within twenty -five (25) calendar days of the occurrence of the condition giving rise thereto, or within twenty-five (25) calendar days of the employee's or the Association's notice or knowledge thereof shall not be considered a grievance under this Agreement. Failure at any step of this procedure t o communicate a decision within the specified time limits shall permit the aggrieved to proceed immediately to the next step. Failure at any step to appeal within the specified time limits shall be considered acceptance by the aggrieved of the decision re ndered, and such decision shall thereafter be binding upon the aggrieved and the Association. - 15 - E. Decisions rendered at all levels of the grievance procedure shall be in writing. F. All documents, communications and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants. G. The right to record, transcribe or document shall be retained by both parties. H. All grievances submitted at Level Two shall utilize Grievance Form A. I. Formal grievan ces that are based on transfer as defined in 9.2A, or displacement resulting in transfer as defined in 9.2A as a consequence of forced staff reduction as defined in 17.1A shall commence at Level Two (2). ARTICLE VII LEAVES OF ABSENCE 7.1 Sick Leave A. Each ten-month employee is entitled to sick leave with full pay of up to 15 school days in each contract year. For employees whose effective date of employment precedes July 1, 1987, unused sick leave shall be accumulated from year to year so long as the employee remains continuously in the service of the Board. For employees whose effective date of employment is July 1, 1987 or thereafter, each ten -month employee shall have unused sick leave accumulate to 187 days for the duration of the contract. B. If requested by the Superintendent, the employee shall provide at his/her expense a certificate from his/her physician confirming the sickness or the ability of the employee to return to work and perform his/her duties. The Board shall have the option of re quiring a second opinion at its expense by having the employee select a physician for this purpose from a list of three names. The Superintendent shall obtain said list from the Hartford County Medical Association or, upon the teacher's request, from the Medical Association of the county in which the teacher resides, and present the list of three names as received from the Medical Association to the teacher. Such lists shall be composed of impartial physicians practicing in the appropriate field of medicine. C. Upon retirement, teachers employed before July 1, 2013 shall be paid the equivalent of one-half (1/2) of his/her total accumulated unused sick leave. The maximum paid shall not exceed forty -five (45) days. For all teachers, such payment shall be at the rate of 1/185 of his/her annual salary. The Board shall provide employees the option of placing this severance benefit in a pre- tax account in accordance with state and federal law from which the employee may pay for health insurance benefits after retirement. - 16 - D. Upon death, the spouse of an active employee hired before July 1, 2013, the spouse of that employee, or in the event that there is no then surviving spouse, the minor children of an employee, or in the event that there are no then surviving minor children of an employee, the estate of an employee shall be paid one-half (1/2) of the employee's accumulated unused sick leave. The maximum paid shall not exceed forty-five (45) days. E. Upon death of an active employee hired on or after July 1, 2013, the spouse of that employee, or in the event that there is no then surviving spouse, the minor children of an employee, or in the event that there are no then surviving minor children of an employee, the estate of an employee shall be paid one - half (1/2) of the employee's accumulated unused sick leave. The maximum paid shall not exceed twenty-five (25) days. F. The Superintendent shall grant 50% of the unused sick leave accumulated by an employee as a contracted teacher in another school system p rovided employment in that school system terminated no more than one hundred (100) calendar days prior to the commencement of employment in the West Hartford Public Schools. The number of days granted shall not exceed thirty (30) days. G. Each employee shall receive by November 30th or earlier whenever possible a statement of his/her total unused accumulated sick leave as of the opening of school that year. This statement shall include the number of days sick leave for the current school year. H. Teachers on Long Term Disability shall be eligible for step advancement, if applicable, provided they work ninety (90) work days or more in the school year in which the long term disability commenced. I. If a teacher is absent because of illness, due to a communicable disease (examples include but are not limited to: mumps, measles, chicken pox, conjunctivitis, lice, impetigo, fifth disease, mononucleosis, etc.) traceable to contact made in school, the absence shall not be charged against their annual or accrued sick leave. This provision shall not apply to Covid-19. J. A teacher on an FMLA qualifying leave for the birth or adoption of a child may use up to twenty (20) sick days concurrently with any such FMLA leave beyond their period of disability if applicable. K. A teacher may use up to forty (40) hours yearly of the allowable sick days for the illness of a family member of the teacher. In accordance with Public Act 24-8 (as may be amended from time to time), for the purposes of this section, "family member " shall mean a " spouse, sibling, child, grandparent, grandchild or parent of an employee or an individual related to the employee by blood or affinity whose close association the employee shows to be equivalent to those family relationships." - 17 - 7.2 Childrearing Leave A. An employee shall be eligible to leave for childrearing. If the child is born or adopted on or after March 1 in any twelve-month period July 1 through June 30, such leave shall be for the balance of the then current school year; if chosen, for the first succeeding school year; and, if chosen, for the second succeeding school year. If the child is born or adopted before March 1 in any twelve -month period July 1 through June 30, such leave shall be for the balance of the then current school year; and, if chosen, for the next succeeding school year. B. Childrearing leave shall be subject to the following conditions: (1) Unless the Executive Director of Human Resources and the teacher both agree otherwise, duration of childrearin g leave shall be for no less than each entire period for which the teacher is eligible and which the teacher chooses. (2) The Executive Director of Human Resources of Schools must receive initial notification of intent to take childrearing leave in writing at least thirty (30) school days prior to the date such leave is to commence (i.e., the date disability caused by pregnancy and childbirth ends or the date adoption is completed). The Executive Director of Human Resources of Schools must receive notification of intent to continue childrearing leave as applicable in writing by the preceding May 1. Such notifications shall be irrevocable and unalterable. Failure to so notify shall result in relinquishing the right for such leave. (3) A teacher on childrearing leave shall notify the Executive Director of Human Resources of Schools in writing of his/her intention to return to active employment upon termination of said leave by March 1 of the school year the leave is to end, or at the time written notification to take childrearing leave is made if this is after March 1 and for the balance of that school year only. Failure to comply with this condition shall be tantamount to resignation. (4) Childrearing leave shall be without salary and any contribution by the Board for the cost of insurance benefits. However, the teacher shall be allowed the opportunity to continue applicable insurance coverage at his/her expense. - 18 - 7.3 Personal Days -- Where Necessary and Unavoidable A. Provided absence from service is necessary and unavoidable, the Superintendent or his designee shall authorize in each regular work year: (1) up to three (3) days leave without loss of salary because of the death of the employee's spouse, son, daughter, parent, sibling, grandparent, aunt, uncle; his/her spouse's parent, sibling, grandparent, aunt, uncle; or any other relative of the employee or his/her spouse who at the time of his/her death was domiciled in the employee's household; one of these days may be taken to attend the funeral of a close friend; (2) up to three (3) days leave without loss of salary because of the need personally to care for the employee's spouse, son, daughter, parent or any other relative of the employee or his/her spouse who is domiciled in the employee's household due to serious illness; and (3) up to two (2) days for formal religious observance of a high holy day. B. In each regular work year, the Superintendent or his/her designee may authorize up to two (2) days leave without loss of salary for situa tions not under the control of the employee and that cannot be taken care of outside the workday, work week or work year. Such days shall not be granted to extend a vacation or holiday period for any purpose that might be deemed essentially recreational. C. When practicable, the employee shall submit to the Superintendent or his/her designee a request for authorized absence sufficiently in advance to enable the Superintendent or his/her designee to respond in writing. When such is not practicable, the em ployee shall inform the Superintendent or his/her designee of the reason for his/her absence as soon as possible, but not more than two (2) days following his/her return to work. Failure to fulfill either of these requirements shall result in loss of salary for each day of absence. 7.4 Professional Days A. In addition to such leave time and personal days, each employee may, in the discretion of the Superintendent, be permitted days for attendance at recognized educational meetings or for visiting and stud ying other school systems. Such days shall be granted by the Superintendent on the basis of benefit to the school system. B. The Board shall pay, within the limits of appropriations, the reasonable expenses (including fees, meals, lodging and/or transportation as approved in advance) incurred by employees who attend workshops, seminars, conferences or other professional improvement sessions at the request and/or with the advance and final approval of the Principal and Superintendent for particular purpose s of special benefit of the school system and/or the individual participating. - 19 - C. At the discretion of the Superintendent, the President of the Association shall be entitled to released time for performance of the duties of the office; the Association will make full payment to the Board for the released portion of the President's time. Also at the discretion of the Superintendent, other Association officers and official representatives shall be entitled to released time for the performance of the duties of their offices; requests for such leaves shall be submitted by the Association President to the Superintendent. Permission for released time shall not be unreasonably withheld. The Association will make payment to the Board for such released time in the following manner: released time x annual salary rate. total assignment time 7.5 General Leave A. The Superintendent, at his/her discretion, may grant requests for leave of absence for a school year or part of a school year if in his/her judgment such leave will serve the interests of the West Hartford Public Schools. B. Such leave shall be without salary but may be with benefits. C. Insurance benefits shall be limited to those that can apply under the terms of the master policies of the insurance programs provided through this Agreement and shall cost the Board no more t han they would have if the employee had not been on leave. D. Such leave must continue for its full term unless in the judgment of the Superintendent it is in the interest of the school system to grant the request of an employee to return to active duty before his/her leave terminates. E. An employee will not be entitled to such advancement on the salary schedule nor such accumulation of sick leave that he/she would have earned had he/she not been on leave except that the Superintendent may grant same act ing on the recommendation of the Professional Growth Committee that significant professional growth has taken place in accordance with a pre-approved plan. F. In order to assure that the greatest benefits of this voluntary leave policy accrue to the school district and the employees, the Board of Education shall annually cause to be published a statement of the policy, an indication of the range of forms such leave may take, and the supportive programs which may be offered. Among such offerings may be voluntary pairing, placement service to help in securing employment for the leave period, additional compensation for stated reasons, etc. - 20 - G. A condition of accepting general leave shall be that the teacher shall inform the Superintendent in writing by registered mail by March 1 of the year of the leave of his/her intention to return as of the beginning of the ensuing school year or to resign effective the end of the leave. Failure to do so shall be tantamount to resignation. 7.6 Adoption Leave Teachers shall be entitled to adoption leave of up to ten days immediately after the adoption of a child or otherwise as required by the adoption process while school is in session, with such days deducted from sick leave. 7.7 Paternity Leave Teachers shall be entitled to a paternity leave up to five days immediately after the birth of a child, with such days deducted from sick leave. 7.8 Military Leave A. Leave for Reserve Training 1. An employee who is a member of the reserve corps of any branch of the armed forces of the United States, including the Connecticut National Guard, shall be entitled to leave to engage in required field training. 2. Any military pay received by the employee shall reduce the employee's Board salary on a dollar-for-dollar basis for the duration of the leave. 3. The period of leave shall not exceed thirty (30) days in any calendar year. 4. All other conditions of employment will be treated as any other leave with pay. B. Leave for Involuntary Active Duty 1. An employee who is involuntarily called to perform military duty in any branch of the armed forces of the United States shall be entitled to leave for the period of activation. 2. If the employee taking such leave is a full-time employee with six months of service with the Board, he/she shall be paid the difference between all military pay received and the employee's base salary with the Board when such military pay is less than the employee's base salary. All computations shall be based on bi -weekly equivalents. Military pay will be estimated at the time of leave and differences with actual military pay will be reconciled upon return to Board service. 3. During such leave, medical benefits shall be continued for the employee and his/her dependents, but there will be coordination of benefits with any coverage provided by the federal government's military health insurance program. 4. Upon return from leave, the employee shall be offered reemployment as required by the Uniformed Services Employment and Reemployment Rights Act ("USERRA") and applicable state law. The employee shall be - 21 - entitled to the seniority and rights and benefits determined by seniority that he/she would have attained if he/she had remained continuously employed. 5. All other conditions of employment will be treated as any other leave with pay. 6. If the employee taking such leave is not a full -time employee with six months of service with the Board, the leave shall be without pay and shall be subject to the terms set forth in part C. C. Leave for Voluntary Active Duty 1. An employee who voluntarily enlists for full- time active service in any branch of the armed forces of the United States shall be entitled to leave, but the leave shall be without pay. 2. Upon return from leave, the employee shall be offered reemployment as required by USERRA and applicable state law. The employee shall be entitled to the seniority and rights and benefits determined by seniority that he/she would have attained if he/she had remained continuously employed. 3. During such leave, the employee may elect to continue m edical benefits for the employee and his/her dependents for up to 24 months, as set forth in USERRA. 4. All other conditions of employment will be treated as any other leave without pay. 7.9 General A. The Superintendent may grant leave of absence, without salary, for service in the Peace Corps, Job Corps, Teacher Corps or Exchange Teacher Program. B. At the discretion of the Superintendent or as required by law, employees absent from service because of Peace Corps, Job Corps, Teacher Corps or Exchange Teach er Program may be entitled to step advancement on the salary schedule. C. Provided his/her contract is not terminated because of elimination of position resulting from staff reduction, an employee returning from leave of absence granted under this Article shall be returned to a position at the same teaching level and in the same teaching area(s) to which assigned at the time the leave was granted or, if there is no opening or vacancy in such position, to another position for which the employee is certified and qualified. D. An employee on an authorized leave without pay and without insurance benefits shall be entitled to continue as an enrolled member of any insurance program set forth in Article VIII. The employee shall make arrangements for payment in f ull of the costs of such insurance program for each program selected. - 22 - E. The period of time an employee is on leave as defined in this Article shall be counted in determining placement on staff reduction and recall lists as defined in Article XVII whether or not step advancement in salary is granted. ARTICLE VIII INSURANCE 8.1 All "employees", as identified in Article I, who are paid at least fifty percent of the rate of any category shown in Appendices A-1a, A-1b and A-1c shall be eligible for the insurance programs listed below. 8.2 Health Insurance Benefits A. State Partnership Health Plan Subject to the conditions set forth below, the Board shall offer each bargaining unit member the opportunity to participate in the Connecticut State Partnership Plan 2.0 (SPP) for medical benefits. The medical benefits shall be as set forth in the SPP effective on July 1, 2019, including any subsequent amendments or modifications made to the SPP by the State and its employee representatives. The administration of the SPP, including open enrollment, beneficiary eligibility and changes, and other administration provisions shall be as established by the SPP. a. The premium rates shall be set by the SPP. Based on such rates, the Board shall establish a blended rate to provide the same rate to active and retired teachers in accordance with statute. b. For the 2025-2026 and 2026-2027 contract years, the Board shall pay for all full-time employees seventy nine and one-quarter percent (79.25%) of the premium cost, and the employee shall pay twenty and three-quarter percent (20.75%) of such cost. Effective July 1, 2027 the Board shall pay for all full-time employees seventy eight and three-quarter percent (78.75%) of the premium cost, and the employee shall pay twenty and one-quarter percent (21.25%) of such cost. c. The SPP contains a Health Enhancement Plan (HEP) component. All employees participating in the SPP are subject to the terms and provisions of the HEP. In the event SPP administrators impose the HEP non- participation or noncompliance $100 per month premium cost increase or the $350 per participant to a maximum of $1400 family annual deductible, those sums shall be paid 100% in their entirety by the non-participating or non-compliant employee. No portion or percentage shall be paid by the Board. The $100 per month premium cost increase shall be implemented through payroll deduction, and the $350/$1400 annual deductible shall be implemented through claims administration. - 23 - d. In the event any of the following occur, the Board or the Association may reopen negotiations in accordance with Conn. Gen. Stat. Section 10-153f(e) as to the sole issue of medical benefits, including plan design and plan funding, premium cost share and/or introduction of a replacement medical benefits plan in whole or in part. i) If the SPP in its current form is no longer available; or if the benefit plan design of the SPP is modified as a result of a change in the State's collective bargaining agreement with SEBAC, if such modifications would substantially increase the cost of the medical benefits plan offered herein. Reopener negotiations shall be limited to medical benefits plan design and funding, premium cost share and/or introduction of an additional optional medical benefits plan; and/or ii) If Conn. Gen. Stat. Section 3-123rrr et seq. is amended, or if there are any changes to the administration of the SPP, or if additional fees and/or charges for the SPP are imposed so as to affect the Board, any of which amendments, changes, fees or charges (individually or collectively) would substantially increase the cost of the medical benefits plan offered herein. Reopener negotiations shall be limited to medical benefits plan design and funding, premium cost share and/or introduction of an additional optional medical benefits plan; and/or iii) If the cost of medical benefits plan offered herein is expected to result in the triggering of an excise tax under The Patient Protection and Affordable Care Act ([ACA; P.L. 111-148], as amended, inter alia, by the Consolidated Appropriations Act of 2016 [P.L. 114- 113]) and/or if there is any material amendment to the ACA that would substantially increase the cost of the medical benefits plan offered herein. Reopener negotiations shall be limited to medical benefits plan design and funding, premium cost share and/or introduction of an additional optional medical benefits plan. e. In any negotiations triggered under subparagraph e above as well as negotiations for a successor to the current collective bargaining agreement, the parties shall consider the High Deductible Health Plan with Health Savings Account plan design and premium cost share amounts that were in effect for the 2016-2019 collective bargainning agremeent to be the baseline for such negotiations, and the parties shall consider the following additional factors: • Trends in medical insurance plan design outside of the SPP; • The costs of different plan designs, including a high deductible health plan structure and a PPO plan structure. Should such negotiations be submitted to arbitration for resolution, the arbitration panel shall consider the foregoing in applying the statutory criteria in making its ruling. - 24 - 8.3 Benefits 1. Vision The Board shall make the State Partnership vision rider available to all teachers at 100% teacher cost for enrolled level (single, two person, family), such payments are applicable to the teachers Section 125 plan. 2. Dental CIGNA Dental Care Plan The Board shall make available for the duration of this Agreement CIGNA Dental Care Plan as described in Appendix G-1(a) and Appendix G-1(b). The Board may substitute a comparable plan if agreed to by the Association. Such consent shall not be withheld except for just cause. The issue of just cause shall be subject to review through the grievance arbitration provision of this Agreement. No change shall be implemented prior to the completion of arbitration, if required. The employee shall pay twenty percent (20.0%) of premium costs for the coverage for which he/she is eligible and which he/she selects. The Board shall pay the balance of the cost. 3. Life Insurance Long term disability and group life insurances shall be provided at a level of coverage no-less-than that in effect June 30, 1998, provided that the maximum monthly long term disability benefit shall be 60% of an employee's salary up to $7,000 and the maximum life insurance benefit shall be two times the employee's salary up to $200,000, and provide d further that there is a twenty -four month limitation for disabilities due to mental illness unless the employee is confined to a hospital or institution. The Board may substitute a comparable plan if agreed to by the Association. Such consent shall not be withheld except for just cause. The issue of just cause shall be subject to review through the grievance arbitration provision of this Agreement. No change shall be implemented prior to the completion of arbitration, if required. 4. Long Term Disability The employee shall pay ten percent (10%) of the premium cost for the coverage for which he/she is eligible and which he/she selects. The Board shall pay the balance of the cost. 5. Group Life For coverage up to the applicable maximum, the employee shall pay ten percent (10%) of the premium cost. The Board shall pay the balance of the cost. For any coverage available to the employee and that he/she chooses to purchase beyond the maximum coverage applicable for him/her, the employee shall pay one hundred percent (100%) of the premium cost. 8.4 The Board shall make an IRS Section 125 plan available to the employee making premium contributions for insurance benefits under Section 8.3 of the Agreement. - 25 - The Board shall make available on an optional basis a Section 125 Flexible Spending Account for Accident and Health Insurance (IRC Sections 105 and 106) and Dependent Care Assistance (IRC Section 129). Those employees who utilize this option will assume the actual administrative costs for these Accounts. 8.5 In accordance with Section 125 of the Internal Revenue Code, the amount you contribute to your medical and dental plan is made with before -tax dollars. This means that you make your contributions before federal income, Social Security and state income taxes are calculated and withheld. As a result, your taxable income is lower, so you pay less in taxes. Because of these tax advantages, you may change your elections only during annual open enrollment every June, to be effective in September, unless you have a qualifying change in status. A qualifying change in status occurs when: • Your family status changes because of marriage, divorce, legal separation, birth, adoption or death. • Your covered dependent has a change in eligibility. • Your spouse's employment status changes. • You or your spouse takes an unpaid leave of absence. • You or your spouse has a change in job status from full-time to part-time or from part-time to full-time. • There is a significant change in health coverage for you or your spouse due to your spouse's employment. • There is a significant increase or decrease in the cost of coverage during the plan year. If you make an election change, it must be consistent with your change in status and must be made within 31 days of the event . For example, an employee who bears a child may change from husband and wife coverage to family coverage but not to single coverage. 8.6 When an employee retires under the State Teacher Retirement System, he/she may participate in the hospitalization, medical/surgical a nd major medical programs at levels of coverage as close to those which apply for active employees that prevailing group rates will allow. Such retired employee shall pay one hundred percent (100%) of the premium cost. If the retired employee is eligible for Medicare, the employee will be required to enroll in Medicare Part A and Part B, and payment of the Medicare premium and medical plan premium is the responsibility of the retired employee. The Board insurance plan will provide coverage in accordance with its terms for any such services not covered under Medicare. 8.7 The Board shall provide prompt notification to the Association of any change(s) or intended change(s) in existing conditions of employment under this Article after the Board or the Administration have become aware of such change(s) or intended change(s). - 26 - This section shall not be construed to waive the Association's rights under the Board- Teacher negotiations statute to negotiate changes the Board proposes concerning mandatory subjects of negotiation. ARTICLE IX ASSIGNMENTS, VACANCIES, TRANSFERS, AND PROMOTIONS 9.1 General A. All assignments, filling of vacancies, transfers, and consideration for promotion shall be made on the basis of the best educational interests of the school system. B. All assignments, filling of vacancies, transfers, and consideration for promotions shall be made without regard to age, race, creed, color, religion, nationality, sex, marital status, or membership in or activity in any teachers' organization. C. For purposes of this Article, written notification of assignment under Section 9.2(C) and promotional opportunities under Section 9.3(A) may be given by email. 9.2 Assignments, Vacancies, and Transfers A. Definitions assignment- the certification area, level, (elementary, middle, high, systemwide) and school in which the Superintendent or his designee places a teacher upon initial employment or following transfer or displacement; the instructional or service program and schedule as well as supervis ory responsibilities that a principal or supervisor assigns. transfer- placement in a different certification area, or level (elementary, middle, high, systemwide) or school for reasons other than displacement (voluntary or involuntary). B. The authority to assign, to fill vacancies, and to transfer rests solely with the Superintend