• Share
  • Email
  • Embed
  • Like
  • Save
  • Private Content
HSTA's May 2012 Reconsideration Document
 

HSTA's May 2012 Reconsideration Document

on

  • 1,539 views

The Hawaii State Teachers Association asked its members to vote again in May on the tentative settlement agreement teachers shot down in January. The union shared this "Reconsideration" document with ...

The Hawaii State Teachers Association asked its members to vote again in May on the tentative settlement agreement teachers shot down in January. The union shared this "Reconsideration" document with its members. It includes the tentative settlement agreement overview, contract changes with rationale, a salary schedule worksheet and more.

Statistics

Views

Total Views
1,539
Views on SlideShare
1,153
Embed Views
386

Actions

Likes
0
Downloads
2
Comments
0

3 Embeds 386

http://www.civilbeat.com 382
http://m.civilbeat.com 3
http://cb-prod.herokuapp.com 1

Accessibility

Categories

Upload Details

Uploaded via as Adobe PDF

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

    HSTA's May 2012 Reconsideration Document HSTA's May 2012 Reconsideration Document Document Transcript

    • Reconsideration Tentative Settlement BetweenThe Hawaii State Teachers Association AndThe State of Hawaii Board of Education May 2012
    • INTRODUCTIONThis document includes information on the Tentative Settlement Agreement for the 2011-2017 HSTA Contractand highlights the changes to the 2009-2011 Collective Bargaining Agreement Articles and Memoranda ofUnderstanding (MOU).The document is formatted into four (4) sections designed to help members find items of special interest: I. Tentative Settlement Agreement Overview, Pages 2-3 II. Contract Changes with Rationale, Pages 4-13 III. Salary Schedule Worksheet, Pages 13-14 IV. Exhibits (Salary), Pages 15-19 TABLE OF CONTENTS Page Page Agreement Overview 2-3 Salary Schedule Worksheet 13-14 Association Representatives 11 Special Education Related 10 Contract Duration 4 · Conferences 10 Exhibits (1-4) 15-19 · SpEd Staffing Allocation MOU 10 Funding MOU 12 Subcontracting MOU 12 MIsc. Memoranda of Understanding 12 Teaching Conditions 8-10 Performance and Evaluation 7-8 · 12-month Teachers 8 · New Performance Evaluation System 7 · Counselors 8 · Probationary Teachers 8 · Duty Free Lunch 9 Race to the Top Implementation MOU 12 · Planning / Collaboration Days MOU 9 Reasonable Suspicion Testing for Drug & 11 · Preparation Equipment 9 Alcohol · Preparation Period 9 Salary, Compensation, & Health 4-6 · Student Discipline 9 · 2011-2013 Salary 4 · Student Instructional Time MOU 10 · 2013-2017 Salary 5 · Yard Duty & Student Supervision 10 · Annual Step Movements 5 Temporary Assignment as EO 12 · Alignment to “Appropriate Step” 5 Transfers & Assignment 11 · Hard-to-Staff Differential MOU 5 · Charter School Conversion - Staff Reduction 11 · Health Care 6 · Staff Reduction 11 · HTSB Licensing Renewal Fees MOU 6 · Transfer Grievances 11 · Leave Days 6 · Job Embedded PD Program MOU 6 -1- Tentative Settlement – May 2012
    • OVERVIEW HSTA Tentative Settlement Agreement (page 1)Contract Duration: Six (6) years, effective July 1, 2011 through June 30, 2017.Salary & Compensation:• School Years 2011-2013 - 5% pay cut similar to all other public employee unions o 2012-2013 - four (4) supplemental time off (STO) days – extra days off given in recognition of the pay cut and restored workdays• School Years 2013-2017 o All salary reductions eliminated o July 1, 2013 - New Salary Schedule (See Exhibit 2 & 3) Annual Step Movements, except those at the top of the salary schedule (T26) Movement towards “appropriate rate” of pay for years of service• January 2013 or January 2015 contract reopener allows for HSTA to negotiate increased compensation.• Starting 2012-2013, Probationary Teacher Bonus ($2500) upon completing 6 semesters and gaining tenure.• Health Benefits (EUTF): contributions set at 50% Employer and 50% Employee split on premiums.Teacher Performance and Evaluation – The following are highlights of new changes:• The current Evaluation System (PEP-T) continues for school years 2011-2012 and 2012-2013.• 2011-2013 pilots for development of new evaluation model o During pilot, teachers in pilot evaluation schools held harmless.• 2013-2014 - the Employer will implement a new performance-based annual evaluation system: o 50% based on teacher practice indicators o 50% based on teacher’s contribution to student learning and growth using multiple measures (not just HSA test scores) o Joint committee review for design, validity, and reliability of the new system All new changes to Teacher Performance and Evaluation above DO NOT diminish or weaken existing teacher protections and due process rights. o “No teacher may be rated less than satisfactory without proper documentation.” o “No teacher shall be adversely evaluated without proper cause” o For unsatisfactory performance evaluations, teachers have clearly defined due process protections under Article VIII, P. Performance JudgePlanning and Collaboration (P/C) Days: • Effective July 1, 2011, two (2) P/C days will be converted into students’ instructional days from 178 to 180 days, but teachers’ work year remains at 190 days for both years. • Effective July 1, 2013, two (2) P/C days will be restored up to full complement of four (4).Job -Embedded Professional Development Program: Shall be established by July 1, 2014 to provideopportunities for teachers to reclassify through job-embedded professional development and activities.12-month Teachers: Separate salary schedule established to ensure retirement calculation benefit.Leave Days: Increased number of days that can be converted from sick leave.• Increase from five (5) to six (6) sick days that can be used for Personal/Professional Leave days.• Increase from three (3) to four (4) Personal/Professional Leave days that may be taken in half-day increments. -2- Tentative Settlement – May 2012
    • OVERVIEW HSTA Tentative Settlement Agreement (page 2)HTSB Licensing Renewal Fees: paid by Employer for those with an “effective” or better performanceevaluation rating beginning 2014-15.Hard-to-Staff Differential: $1,500 for each year of the 6-year contract for those teachers in qualifyingcomplexes.Teacher Preparation Period:• Increase daily preparation period from 40 to 45 minutes; may be aggregated weekly and redistributed.• Administration may use up to six (6) teacher preparation periods.• Establishes definition of “common” and “floating” preparation.• Makes permanent teachers’ right to determine where and how preparation time will be utilized.Charter School Conversion School Staff Reduction Rights: Tenured teachers employed at a DOE school whichis converting to a public charter school shall be afforded the option to be placed in another DOE school.Race to the Top (RTTT) Implementation MOU: Any collective bargaining issues related to RTTT must benegotiated.Yard (Recess) Duty & Student Supervision: All teachers shall be included in yard duty, no more than onceevery 5 days; exceptions for small schools, grade level chairs, & department heads without extra prep periods.Counselors: Ensure adequate space to provide counseling in a confidential manner and access to a lockablefile cabinet to secure such information.Student Instructional Time (Act 167, Act 52) MOU: Negotiate impacts that Act 167 and Act 52 have onteacher working conditions and parties will jointly pursue legislative appropriations necessary for funding.SpEd Staffing Allocation MOU: Agree to consult and confer on necessary changes to the 2003 SpEd StaffingAllocation Formula.Subcontracting MOU: Negotiate a supplemental agreement on the parameters by which teachers duties maybe subcontracted.Student Discipline: Administration shall handle student discipline referrals in a timely manner, and the teacherwill be notified of principal’s decision prior to student being returned to class.Reasonable Suspicion Testing for Drug and Alcohol: Procedures for drug and alcohol testing will be based onreasonable suspicion, maintaining constitutional rights of teachers, and ensuring due process protections.Temporary Assignment as EO: Teachers who accept a temporary assignment as an Educational Officer forninety (90) days or more shall be temporarily moved out of Bargaining Unit 05.Special Education: SpEd and 504 Conferences will continue to be scheduled by mutual consent.Duty Free Lunch: Any time in excess of any single thirty (30) minute lunch period shall also be duty free.Preparation Equipment: Modernize language to include computer, software, and printing.Arbitration of Transfer Grievances: Should be completed on or before July 15. -3- Tentative Settlement – May 2012
    • Contract Duration: (modifies Article XXIV – Duration, pg. 59)Six (6) years, effective July 1, 2011 through June 30, 2017. A contract reopener in January 2013 or January2015, to negotiate across-the-board increases, increases to hard-to-staff incentives and supplemental pay.Reopener shall not be used for any decreases or reductions. Additional reopeners are identified in MOUs.Rationale: A six (6) year contract allows HSTA members to secure pay raises for 2013-2017 in advance of otherstate employee groups going into the 2013-2015 contract negotiations. A six (6) year contract allows formovement to a new salary construct with realignment to appropriate years of service and implemented annualincrements. A reopener option allows for HSTA to negotiate increased compensation. Salary, Compensation, and Health: (modifies Article XVII – Salaries; pp. 54-56)2011-2013 SALARY: Reconfiguration of 5% Labor Cost Savings Each Year1st Year – School Year 2011-2012• Five (5) DLWOPs: 7/28/11, 7/29/11, 10/10/11, 12/16/11, 1/03/12• Two (2) teacher work days with no change in pay: o March 9: Teacher Directed Planning (TDP) day. [note: day was taken as a regular DLWOP] o May 25: (last day of school): Teachers report to worksite to complete requisite teacher initiated activity; receive one (1) STO day.• 12-month teachers, above, plus: June 22 – one-half (1/2) TDP day; June 29 - one (1) TDP day.2nd Year – School Year 2012-2013• Three (3) teacher work days restored (beginning of school year, day between semesters, last day of school) o No change in pay o Report to worksite to complete requisite teacher initiated activity; receive three (3) STO days.• Four (4) Teacher Directed Planning (TDP) days with no change in pay, with dates to be determined.• All teachers shall take the three-and-a-half (3.5) hours of TDP.• All 12-month teachers will take an additional one and a half (1 ½) days of TDP days with no change in pay.Definitions:Teacher Directed Planning (TDP) day: It is a teacher work day; however the location of work is at the teacher’sdiscretion. Teachers may work from home, a remote location, or at worksite.Supplementary Time Off (STO): Are paid time off days, to be taken at the teacher’s discretion. Each teacherwill have four (4) total STO days to be taken between the date of ratification and the end of school year 2012-2013. Any unused days will be forfeited. There is no restriction on when an STO can be taken.Rationale: In 2011, the State required temporary “labor savings” from all bargaining units to balance thebudget. The HSTA did not want the labor savings to come strictly from salaries, and agreed to a series ofDLWOP (furlough) days. Beginning July 1, 2011 through June 30, 2013, the parties agreed to a temporarylabor savings of 5% each year (i.e. 5% reduction from the current salary schedule, Exhibit 1). Effective July 1,2013, 5% is restored back. -4- Tentative Settlement – May 2012
    • Salary, Compensation, and Health: Continued2013-2017 SALARY – Reference Salary Schedule WorksheetAnnual Salary Step Movements Starting July 1, 2013: • Annual step movements equivalent to 1% go into effect, except Instructors and those at top of salary scheduled (T26) • To qualify, must receive an “effective” or better rating each year.Rationale: Tying step movement to satisfactory evaluation is NOT NEW to the HSTA contract. Since 2001 theHSTA contract has required satisfactory evaluation for any step movements.The new salary schedule implements annual step movements, and will do the following: o Recognize and honor a teacher’s years of service and commitment. o Assure annual step movements for teachers up the career ladder. o Reward teachers for their “effective” teacher rating each yearAlignment to “Appropriate Step”:Teachers shall transition to the new teacher annual rate salary schedule over a period of four years, beginningJuly 1, 2013. The transition schedule shall provide for step movements over the four year period inaccordance with the salary adjustment schedule (Exhibit 4).Rationale: The new salary schedule (Exhibit 2 & 3) reflects steps for both probationary (P) and tenured (T)teachers. The transition schedule (Exhibit 4) moves teachers towards their “appropriate step” placementreflecting a teacher’s years of service.3rd Year – School Year 2013-2014 • 5% salary reductions eliminated • Salary rate restored, as reflected in the current salary schedule (See Exhibit 1) • Realignment/Step movement to new salary schedule construct (See Exhibits 2 & 3) • July 1, 2013 begins alignment to “appropriate step” (See Exhibit 4)4th – 6th Year – School Years 2014-2017 • Alignment to “appropriate step” • Annual Step Movement(s)Hard-to-Staff Differential: (Amends Appendix X – Recruitment/Retention Incentive for Hard-to-Staff Locations; pg. 84)The “Hard-to-Staff” differential is $1,500 for each year of the 6-year contract for those teachers in qualifyingcomplexes. Reopener to increase this is possible in January 2013 or January 2015.Rationale: In School Year 2010-2011 the differential was suspended, with no differential paid. We will have theopportunity to revisit this differential with the reopener. -5- Tentative Settlement – May 2012
    • Salary, Compensation, and Health: ContinuedHealth Care: (Amends Article XVIII – Hawaii Employer-Union Health Benefits Trust Fund; pg. 57, DeletesAppendix XVIII VEBA Trust Fund, pgs. 95-99)EUTF contributions are set at 50% Employer and 50% employee split of total premiums, plus administrativefees and any future increases. Employer shall pay 100% for life insurance premiums.Rationale: We recognize that the rising cost of health premiums are a major concern of our members. The“favored nations” clause in the HGEA contract prevents HSTA from negotiating any change in the 50%Employer / 50% employee contributions to the 2011-2013 contract. period.HTSB Teacher Licensing Fees Memoranda of Understanding (MOU): (New)Effective School Year 2014-2015 and thereafter, the Employer shall pay to The Hawaii Teacher StandardsBoard license renewal fees for all teachers at T1 level or higher on the salary schedule provided they receivedan “effective” or “highly effective” rating pursuant to Article VII, in the year preceding the year of renewal.Rationale: In looking at additional means of compensation and in line with other employers that requirelicensure for continued employment, the parties agreed to Employer payment of licensing fees. While thispayment is not retroactive, going forward it will save teachers hundreds of dollars.Leave Days: (Amends Article XII – Leaves, D. Professional Development Leave; pg. 48)Increases the number of days which can be converted from sick leave to personal or professional leave.• Increase from five (5) to six (6) sick days that can be used for Personal/Professional Leave days.• Increase from three (3) to four (4) Personal/Professional Leave days that may be taken in half-day increments.Rationale: Provides more flexibility for teachers to take leave for personal and professional reasons.Job-Embedded Professional Development Program Memoranda of Understanding (MOU): (New)The parties recognize the value of developing teacher leaders at the school level. Participation in school levelactivities contributes tremendously to the skill and knowledge of a teacher and the effectiveness of the schoolcommunity. The parties shall meet to discuss and develop a list of activities that can be used as a basis forreclassification, including job-embedded professional development and activities that contribute to theprofessional development of a teacher. The list shall be approved by the Superintendent, in theSuperintendent’s sole discretion. The Department will establish the program no later than July 1, 2014.Rationale: This MOU is an opportunity to recognize the value of work done by teachers at the school level. Itwill provide a means to earn PD credit to use towards reclassification which, in turn, can improve salary. -6- Tentative Settlement – May 2012
    • Teacher Performance and Evaluation: (Amends Article VIII – Teacher Performance; pp. 38-41)Teacher Performance and Evaluation – The following are highlights of new changes:• The Current Evaluation System (PEP-T) continues for school years 2011-2012 and 2012-2013.• 2011-2013 pilots for development of new evaluation model o During pilot, teachers in pilot evaluation schools held harmless.• 2013-2014 - the Employer will implement a new performance-based annual evaluation system: o 50% based on teacher practice indicators o 50% based on teacher’s contribution to student learning and growth using multiple measures (not just HSA test scores) o Joint committee review for design, validity, and reliability of the new system All new changes to Teacher Performance and Evaluation above DO NOT diminish or weaken existing teacher protections and due process rights. o “No teacher may be rated less than satisfactory without proper documentation.” o “No teacher shall be adversely evaluated without proper cause” o For unsatisfactory performance evaluations, teachers have clearly defined due process protections under Article VIII, P. Performance JudgeNEW Teacher Performance Evaluation System Language (Actual Language): R. New Teacher Performance Evaluation System 1. The new performance-based system, implemented statewide in 2013-14 and thereafter, will result in an annual rating on a four point scale: highly effective, effective, marginal, and unsatisfactory. a. The evaluation rating will be based 50% on teacher practice indicators which may include: completion of meaningful professional development that is applied to practice; structured collaboration with colleagues focused on improving practice and student outcomes; evidence of reflective practice; teacher leadership in the school, district and education community; collaborative projects with institutions of higher education; and positive engagement with students, parents and colleagues. b. The evaluation rating will be based 50% on the teacher’s contributions to student learning and growth. Indicators must consist of multiple measures: statewide assessment and a menu of other student learning objectives that may include teacher created assessments, district/school assessments, student work, teacher defined student objectives for individual student growth. 2. The performance-based evaluation components will be based on a two-year pilot during the 2011-12 and 2012-13 school years. During the 2012-13 pilot, the evaluation rating will be based 60% on teacher practice, contribution to school and profession, and teacher growth and 40% on the teacher’s contribution to student learning outcomes. 3. During the pilot years, the information and data that are collected shall be used for formative development of the evaluation, and there will be no adverse consequences to individual tenured teachers for their annual ratings on the performance-based evaluation. -7- Tentative Settlement – May 2012
    • 4. The design, validity, and reliability of the new performance based evaluation system will be reviewed at least twice a year by a joint committee of DOE, HSTA and other community entities for improvement of design and implementation. Teacher Performance and Evaluation: ContinuedRationale: Recent legislation at the state and national level, public opinion, and our own members’ feedbackmake it clear that education reform is on everyone’s agenda. A significant part of the education reformmovement across the country is revamping teacher evaluation systems. In Hawaii’s Race to the Top (RTTT)grant, “the parties agree to develop the instrument jointly and negotiate, where appropriate, implementationof the new evaluation system.”Although this new evaluation system has yet to be developed, pieces of it are currently being piloted. Thistentative agreement provides that teachers are held harmless during the pilot years. Furthermore, thisnegotiated framework ensures that multiple measures of student growth will be used to protect teachersfrom an over reliance on HSA scores as a sole measure of student growth. Finally, the framework recognizesthe importance of design, validity, and reliability of a new evaluation system.Probationary Teachers: (Amends Article VI – Teaching Conditions & Hours, JJ, Probationary Credit; pg. 31) • Teachers hired prior to the 2012-2013 school year, and holding a current and valid license from HTSB, shall serve four (4) satisfactory semesters in order to earn tenure upon reemployment. • Effective school year 2012-2013, a newly-hired teacher holding a current and valid license from the HTSB shall serve six (6) “effective” semesters of probation (as defined in Article VIII - Teacher Performance). Upon reemployment, teacher shall earn T1 level status on the July 1, 2013 salary schedule. (See Exhibit 2) o Upon earning T1 status, the teacher shall be eligible for a two thousand five hundred dollar ($2,500) bonus to be awarded no earlier than September 15th of T1 year. • For purposes of this agreement, T1 status or higher will equate to “tenure”.Rationale: This is a recruitment and retention tool, that rewards newly hired teachers for successfulcompletion of probation and earning tenure. Teaching Conditions12-month Teachers: (moves language from Appendix VIII. Multi-Track Year Round Schools, pg. 75 to a new Article) • A 12-month teacher salary schedule will be established. • New Article regarding 12-month compensation & benefits will be placed into the body of the Agreement.Rationale: This change only affects 12-month teachers. It is a change that has been needed for many years asthe current 12-month teacher language has been embedded in the rainbow teacher language in the back ofthe contract making it difficult to find. This change also establishes a separate salary schedule, which isimportant to establish 12-month salary rates of pay for accurate retirement calculation.Counselors: (Amends Article VI, V; pg. 21) -8- Tentative Settlement – May 2012
    • Ensure adequate space to provide counseling in a confidential manner and access to a lockable file cabinet tosecure such information.Rationale: Improves the ability of counselors to conduct their duties in a confidential manner. Teaching Conditions: ContinuedDuty Free Lunch: (Amends Article VI, Y; pg. 22)Any time in excess of any single thirty (30) minute lunch period shall also be duty free, except in those smallschools where it would be impractical or prohibitive to do so.Rationale: Narrows the exception of yard duty after a teacher’s 30-minute duty free lunch to ONLY smallschools.Planning and Collaboration Days: (Amends Appendix XIII – School Planning/Collaboration Days; pg. 88) • Effective 7/1/11, two (2) Planning and Collaboration (P/C) days will be converted into students’ instructional days from 178 to 180 days, but teachers’ work year remains at 190 days for both years. • Effective 7/1/13, two (2) P/C days will be restored up to full complement of four (4) P/C days.Rationale: The conversion of the two PC days in 2011-2013 school years allows for 180 student days to be incompliance with Act 167. Both parties recognize the need for professional development as such the days arerestored going forward from school year 2013-14. This restoration will impact student instructional days. Assuch, refer to the MOU requiring negotiations on the impact of Act 167, 2012, and Act 52, 2011.Preparation Equipment: (Amends Article VI. L; pg. 17)Modernize language to include computer, software, and printing.Rationale: To update equipment technology at the worksite.Preparation Period: (Deletes Appendix IX - Preparation Periods and inserts pertinent language in Article VI –Teaching Conditions & Hours, X. Preparation Periods; pg. 21)Increase daily preparation period from 40 to 45 minutes; however, may be aggregated to 225 minutes weeklyand redistributed. School administrators may use up to six (6) teacher preparation periods. Codifies definitionof “common” and “floating” preparation, and reaffirms teachers’ right to determine where and howpreparation time will be utilized.Rationale: In addition to the increase in time, this change moves the preparation period language about whereand how preparation time is utilized from the appendix into the main body of the contract.Student Discipline: (Amends Article XI; pg. 46)Administration shall handle student discipline referrals in a timely manner, and the teacher will be notified ofprincipal’s decision prior to student being returned to class.Rationale: This language is an important change in improving response time and notification fromadministration related to student discipline. -9- Tentative Settlement – May 2012
    • Teaching Conditions: ContinuedStudent Instructional Time (Act 167, 2010 and ACT 52, 2011) Memoranda of Understanding MOU: (NEW)With the enactment of Act 167, 2010 and Act 52, 2011 that sets expectations and standards for studentinstructional time, there is a commitment by the parties to fulfill legislative mandates.To this end, the parties agree to negotiate a supplemental agreement regarding the impacts that Act 167,2010 and Act 52, 2011 have on teacher working conditions, and jointly pursue legislative appropriationsnecessary for funding.Rationale: Ensures collective bargaining protections.Yard (Recess) Duty & Student Supervision: (Amends Article VI – Teaching Conditions and Hours, Z. Non-Professional Duties and Student Supervision; pg. 23). • All teachers shall be included in Yard Duty, except Grade Level Chairs and Department Heads who do not have extra preparation periods. • Yard Duty shall be no more than once every five (5) days, or no more than 1/5 of total days per quarter. • Exception may be made for small schools with 250 or less students where it may be impractical.Rationale: This change makes a more equitable distribution of yard (recess) duty among teachers. Special Education RelatedSpecial Education/Rehabilitation Act/ Section 504 Conferences: (Deletes Appendix XIV and inserts pertinentlanguage which amends Article VI.HH; pg. 28) • Title: Special Education Committee, add the word “Committee” • SpEd and 504 Conferences will continue to be scheduled by mutual consent of teachers and parents.Rationale: The language on conferences was formerly in Appendix XIV. The language is now embedded intothe main body of the contract.SpEd Staffing Allocation Memoranda of Understanding (MOU): (New)The parties share a mutual interest to maintain essential special education services that can adequately meetthe needs of students with special needs. There is recognition that this is more challenging given the State’scurrent economic condition and reduction in available funding. To this end the parties agree to consult andconfer on necessary changes to the 2003 SpEd Staffing Allocation formula. Such consult and confer shall beconcluded by April 30, 2012. - 10 - Tentative Settlement – May 2012
    • Rationale: This requires the Employer to consult with the union over changes to the SpEd staffing allocation.While the date of April 30, 2012 has passed, the intent will still be pursued. Transfers & AssignmentStaff Reduction: (Deletes Appendix VII - Middle Schools, moving pertinent language to Article VII, E.; pp. 33-34) • District unassigned teachers shall not have priority into middle school vacancies. Vacancies at middle schools shall be open and made available only under the normal Assignment and Transfer process. • Reaffirms that staff-reduced elementary teachers will maintain their option to seek a 6th grade vacancy.Rationale: For clarity, this moves important provisions from the Appendix into the main body of the contract.Teachers at Charter School Conversion Schools: (Amends Article VII - Assignments and Transfers, E.; pp. 33-34)Tenured teachers employed at a DOE school moving to conversion as a public charter school shall be affordedthe option to be placed in another DOE school as an unassigned staff reduced teacher, pursuant to the new2012 staff reduction guidelines. Priority placement for these teachers shall only be available during theAssignment and Transfer period of the charter school conversion transition year.Rationale: The language related to the middle schools was moved from the Appendix into the main body of thecontract. The language about the charter school teachers is an important protection option for those teacherswho do not want to leave the DOE.Transfer Grievances: (Amends Article VII - Assignments and Transfers, C.; pg. 33)Grievances dealing with transfer period issues, if arbitrated, should be completed on or before July 15.Rationale: To address transfer grievances in a timely manner, to be completed before new school year begins. Other Miscellaneous ChangesAssociation Representatives: (Amends Article IV – Association Rights, B.; pg. 3)For common reference, “Association Representative” shall include field representatives, union representativesand UniServs. If required by administration, verification will be given.Rationale: To expand the description of Association Representatives.Reasonable Suspicion Testing for Drug and Alcohol: (Deletes Appendix III. Drug & Alcohol Testing, creates aNew Article for Reasonable Suspicion Testing for Drug and Alcohol)Procedures for drug and alcohol testing will be based on reasonable suspicion; thus, maintaining constitutionalrights of teachers, and ensuring due process protections. Procedures will be made available for reference onthe HSTA Members-Only web site. - 11 - Tentative Settlement – May 2012
    • Rationale: Resolves litigation over the constitutionality of random drug testing and creates a new Article withdetailed procedures for reasonable drug and alcohol testing. Ensures fair and objective reasonable suspiciontesting. Other Miscellaneous Changes - ContinuedTemporary Assignment as EO: (Amends Article I – Recognition; pg. 1) • Teachers who accept a temporary assignment as an Educational Officer for ninety (90) days or more shall be temporarily moved out of Bargaining Unit 05 for the remainder of their appointment, with their bargaining unit seniority in Unit 05 frozen for duration of appointment. • Where the performance of temporary EO duties involves personnel-related matters of DOE employees, the temporary EO shall not be entitled to HSTA representation.Rationale: To clarify the bargaining unit designation for temporary Educational Officers (Administrators) Memoranda of Understanding (MOU)Funding Memoranda of Understanding (MOU) – (New)References the legal requirement under HRS § 89-10 (b) and (c), that funding to implement negotiated costitems are subject to legislative appropriation.Rationale: Moves funding language from the body of the agreement to the Appendix. The language restatesthe statutory requirement for the legislature to fund all cost items, which applies to all bargaining units.Race to the Top Memoranda of Understanding (MOU): (NEW)The parties agree to negotiate a supplemental agreement over collective bargaining issues related to Race tothe Top implementation as soon as possible, convening no later than opening of the 2012 Teacher Assignmentand Transfer period.Rationale: Ensures collective bargaining protections.Subcontracting Memoranda of Understanding (MOU): (New)The parties believe in the value of effective teaching, as provided by professional educators. The role of theteacher is integral to personalizing the learning of students. The parties also recognize that personalization inthe 21st century will be a constantly evolving and changing process. To this end, the parties agree to negotiatea supplemental agreement on the parameters by which teachers duties may be subcontracted. Suchnegotiations shall be concluded by June 30, 2015.Rationale: To protect HSTA members and bargaining unit positions.Memoranda of Understanding (MOU) Not Previously Mentioned• Ad Hoc Committee - Appendix II - Renewed• Exceptions to Agreement – Appendix IV - Renewed• Experimental Transfer Program – Appendix V – Language clarified and Renewed• Flexible Work Schedule for Resource Teachers – Appendix VI - Renewed• Multi-Track Year-Round Schools – Appendix VIII - Renewed• Recruitment / Retention for Licensed Special Education Teachers – Appendix XI - Renewed - 12 - Tentative Settlement – May 2012
    • • School-Based Budgeting – Appendix XII - Renewed• Supplementary Pay – Appendix XV - Renewed• Support for Appropriate Inclusive Practices – Appendix XVI – Not Renewed• Teacher Evaluation – Appendix XVII – Not Renewed• Walkthroughs – Appendix XIX - Renewed Salary Schedule WorksheetWhat you need:1. Your current Class and Step (Form 5 Personnel Action)2. Your years of service (See your SASA)3. Exhibits 1-4 (Tentative Settlement) See Exhibit 3 for 12-month employeesExample: Ed is an Elementary Education teacher from Maui. He has now (May 2012) been teaching for 18years. He is currently at Class VI Step 9 and is a 10-month employee.Purpose: By understanding how Ed completed his Worksheet, you will be able to understand how toaccurately complete your worksheet. (See "EXAMPLE: Ed" for a visual display) Step Eds Worksheet Your Worksheet 1. In Exhibit 1, use your current Step and Class to find your salary on the 2009 salary schedule. $59,010 2. In Exhibit 2, using your same Class column, find the closest salary to yours without going under $59,147 your "Exhibit 1" amount. (Use the answer from question #1) 3. In Exhibit 2, find the number in the grey column (on the left) that corresponds with the answer to 11 years question #2. In Exhibit 2, The grey column reflects the number of years of "True-up"/Appropriate step. *Note: Most teachers are not making the salary that correctly corresponds with the correct number of years of service. The "True-up" addresses the inequities that will be further addressed in subsequent contracts. 4. How many years of service would you have by the end of School Year 2016-2017? 18 + 5 = 23 years 5. Use the answers from questions #3 & #4 to determine how many steps are needed to get to your appropriate step. 23 - 11 = 12 steps #4________ - #3_________ = _______ 6. Using Exhibit 4, how many steps will you move in this contract? 9 steps 7. Using Exhibit 2, what is the salary that you will $59,147 + 9 steps = end up with at the end of this contract? $65, 267 - 13 - Tentative Settlement – May 2012
    • $65, 267 - $59,010 =#7 - #1 = Total Gain $6,257 EXAMPLE: Ed (The purpose of this sample is to understand the process of finding your salary) Step #1 #4 (Thinking) Step #5 Step #7 StepStep #2#3 - 14 - Tentative Settlement – May 2012
    • Step #6- 15 - Tentative Settlement – May 2012
    • 2009 TEACHERS ANNUAL RATE SALARY SCHEDULE (10-MONTH) Exhibit 1 Class II Class III Class IV Class V Class VI Class VII Teacher Teacher Teacher Teacher Teacher Teacher BA BA+30 or MA Class III + 15 Class IV +15 Class V +15 Class VI +15(ENTRY LEVEL) 15 T02-01 32,713 T03-01 35,329 T04-01 36,743 5 2 T02-02 33,694 T03-02 36,389 T04-02 37,845 5 3 T02-03 34,705 T03-03 37,481 T04-03 38,981 5 5 T02-05 43,157 T03-05 46,609 T04-05 48,474 T05-05 50,412 T06-05 52,429 T07-05 55,575 5 6 T02-06 44,452 T03-06 48,008 T04-06 49,928 T05-06 51,925 T06-06 54,002 T07-06 57,243 5 7 T02-07 45,785 T03-07 49,448 T04-07 51,426 T05-07 53,483 T06-07 55,622 T07-07 58,959 5 8 T02-08 47,159 T03-08 50,931 T04-08 52,968 T05-08 55,087 T06-08 57,291 T07-08 60,729 5 9 T02-09 48,574 T03-09 52,460 T04-09 54,558 T05-09 56,740 T06-09 59,010 T07-09 62,550 5 10 T02-10 50,030 T03-10 54,033 T04-10 56,195 T05-10 58,442 T06-10 60,779 T07-10 64,427 5 11 T02-11 51,532 T03-11 55,654 T04-11 57,880 T05-11 60,195 T06-11 62,603 T07-11 66,359 5 12 T02-12 53,077 T03-12 57,324 T04-12 59,617 T05-12 62,002 T06-12 64,482 T07-12 68,351 5 13 T02-13 54,669 T03-13 59,043 T04-13 61,405 T05-13 63,861 T06-13 66,416 T07-13 70,400 5 14 T02-14 56,310 T03-14 60,815 T04-14 63,248 T05-14 65,778 T06-14 68,408 T07-14 72,513 14A 5 T02-14A 57,999 T03-14A 62,639 T04-14A 65,145 T05-14A 67,750 T06-14A 70,461 T07-14A 74,688 14B 5 T02-14B 61,479 T03-14B 66,397 T04-14B 69,054 T05-14B 71,815 T06-14B 74,688 T07-14B 79,17012-Month Teachers - add 20% to Salary Rate for appropriate Class and Step level.Footnote 5: Step 1 (Entry Level) - Step 3 have not completed a State Approved Teacher Education Program ("SATEP"). Steps5-14B must have completed a SATEP and be eligible for a license. - 16 - Tentative Settlement – May 2012
    • 2009 TEACHERS ANNUAL RATE SALARY SCHEDULE (12-MONTH) *12-Month Salary Rate reflects 10-month salary with a 20% salary adjustment increase. Exhibit 1a Class II Class III Class IV Class V Class VI Class VII Teacher Teacher BA+30 Teacher Class Teacher Teacher Teacher BA or MA III + 15 Class IV +15 Class V +15 Class VI +15 5(ENTRY LEVEL) 1 T02-01 39,256 T03-01 42,395 T04-01 44,092 5 2 T02-02 40,433 T03-02 43,667 T04-02 45,414 5 3 T02-03 41,646 T03-03 44,977 T04-03 46,777 5 5 T02-05 51,788 T03-05 55,931 T04-05 58,169 T05-05 60,494 T06-05 62,915 T07-05 66,690 5 6 T02-06 53,342 T03-06 57,610 T04-06 59,914 T05-06 62,310 T06-06 64,802 T07-06 68,692 5 7 T02-07 54,942 T03-07 59,338 T04-07 61,711 T05-07 64,180 T06-07 66,746 T07-07 70,751 5 8 T02-08 56,591 T03-08 61,117 T04-08 63,562 T05-08 66,104 T06-08 68,749 T07-08 72,875 5 9 T02-09 58,289 T03-09 62,952 T04-09 65,470 T05-09 68,088 T06-09 70,812 T07-09 75,060 5 10 T02-10 60,036 T03-10 64,840 T04-10 67,434 T05-10 70,130 T06-10 72,935 T07-10 77,312 5 11 T02-11 61,838 T03-11 66,785 T04-11 69,456 T05-11 72,234 T06-11 75,124 T07-11 79,631 5 12 T02-12 63,692 T03-12 68,789 T04-12 71,540 T05-12 74,402 T06-12 77,378 T07-12 82,021 5 13 T02-13 65,603 T03-13 70,852 T04-13 73,686 T05-13 76,633 T06-13 79,699 T07-13 84,480 5 14 T02-14 67,572 T03-14 72,978 T04-14 75,898 T05-14 78,934 T06-14 82,090 T07-14 87,016 5 14A T02-14A 69,599 T03-14A 75,167 T04-14A 78,174 T05-14A 81,300 T06-14A 84,553 T07-14A 89,626 14B 5 T02-14B 73,775 T03-14B 79,676 T04-14B 82,865 T05-14B 86,178 T06-14B 89,626 T07-14B 95,004Footnote 5: Step 1 (Entry Level) - Step 3 have not completed a State Approved Teacher Education Program ("SATEP"). Steps 5-14B must havecompleted a SATEP and be eligible for a license. - 17 - Tentative Settlement – May 2012
    • - 18 - Tentative Settlement – May 2012
    • 2013 TEACHERS ANNUAL RATE SALARY SCHEDULE (10-MONTH) Exhibit 2 Appropriate Years / Step STEP Class II Class III Class IV Class V Class VI Class VII T26 28 61479 66397 69054 71815 74688 79170 T25 27 57999 62639 65145 67750 70461 74688 T24 26 57368 61957 64436 67013 69694 73875 T23 25 56744 61283 63735 66284 68936 73072 T22 24 56126 60617 63042 65563 68186 72277 T21 23 55516 59957 62356 64849 67444 71490 T20 22 54912 59305 61677 64144 66710 70712 T19 21 54314 58659 61006 63446 65984 69943 T18 20 53723 58021 60342 62755 65267 69182 T17 19 53139 57390 59686 62073 64556 68429 T16 18 52561 56765 59037 61397 63854 67685 T15 17 51989 56148 58394 60729 63159 66948 T14 16 51423 55537 57759 60068 62472 66220 T13 15 50864 54933 57130 59415 61792 65499 T12 14 50310 54335 56509 58768 61120 64787 T11 13 49763 53744 55894 58129 60455 64082 T10 12 49221 53159 55286 57497 59797 63385 T9 11 48686 52581 54684 56871 59147 62695 T8 10 48156 52009 54089 56252 58503 62013 T7 9 47632 51443 53501 55640 57867 61338 T6 8 47114 50883 52919 55035 57237 60671 T5 7 46601 50329 52343 54436 56614 60011 T4 6 46094 49782 51773 53844 55998 59358 T3 5 45593 49240 51210 53258 55389 58712 T2 4 45097 48704 50653 52678 54786 58073 T1 3 44606 48174 50102 52105 54190 57441 STEP Class II Class III Class IV Class V Class VI Class VII P6 44384 47935 49853 51846 53921 57155 P5 2 44163 47696 49605 51588 53652 56871 P4 43943 47459 49358 51331 53385 56588 P3 1 43725 47223 49112 51076 53120 56307 P2 43507 46988 48868 50822 52856 56026 P1 Entry 43291 46754 48625 50569 52593 55748 STEP Class II Class III Class IVInstructor III 34705 37481 38981Instructor II 33694 36389 37845Instructor I 32713 35329 36743 - 19 - Tentative Settlement – May 2012
    • 2013 TEACHERS ANNUAL RATE SALARY SCHEDULE (12-MONTH*)*12-Month Salary Rate reflects 10-month salary with a 20% salary adjustment increase. Exhibit 3 Appropriate Years / StepSTEP Class II Class III Class IV Class V Class VI Class VIIT26 28 73775 79676 82865 86178 89626 95004T25 27 69599 75167 78174 81300 84553 89626T24 26 68842 74349 77323 80415 83633 88650T23 25 68093 73540 76482 79540 82723 87686T22 24 67352 72740 75650 78675 81823 86732T21 23 66619 71948 74827 77819 80933 85788T20 22 65894 71166 74013 76972 80052 84855T19 21 65177 70391 73207 76135 79181 83932T18 20 64468 69625 72411 75306 78320 83018T17 19 63766 68868 71623 74487 77468 82115T16 18 63073 68119 70844 73677 76625 81222T15 17 62386 67377 70073 72875 75791 80338T14 16 61708 66644 69311 72082 74967 79464T13 15 61036 65919 68556 71298 74151 78599T12 14 60372 65202 67811 70522 73344 77744T11 13 59715 64493 67073 69755 72546 76898T10 12 59066 63791 66343 68996 71757 76061T9 11 58423 63097 65621 68245 70976 75234T8 10 57787 62410 64907 67503 70204 74415T7 9 57159 61731 64201 66768 69440 73606T6 8 56537 61060 63502 66042 68684 72805T5 7 55921 60395 62812 65323 67937 72013T4 6 55313 59738 62128 64612 67198 71229T3 5 54711 59088 61452 63909 66467 70454T2 4 54116 58445 60784 63214 65744 69688T1 3 53527 57809 60122 62526 65028 68929STEP Class II Class III Class IV Class V Class VI Class VIIP6 53261 57522 59823 62215 64705 68586P5 2 52996 57236 59525 61906 64383 68245P4 52732 56951 59229 61598 64063 67906P3 1 52470 56668 58935 61291 63744 67568P2 52209 56386 58641 60986 63427 67232P1 Entry 51949 56105 58350 60683 63111 66897STEP Class II Class III Class IVInstructor III 41646 44977 46777Instructor II 40433 43667 45414Instructor I 39256 42395 44092 - 20 - Tentative Settlement – May 2012
    • Salary Adjustment Schedule Exhibit 4 The following Salary Adjustment Schedule is to be used in conjunction with the appropriate 10-Month or 12-Month 2013 Teacher Salary Schedule in the 2011-2017 HSTA Collective Bargaining Agreement. # Steps # of Step movement Step Movement Effective Date Moved 2013- needed* 07/01/13 01/01/14 07/01/14 01/01/15 07/01/15 01/01/16 07/01/16 01/01/17 2017 1 Step 1 0 0 0 0 0 0 0 1 2 Steps 1 0 1 0 0 0 0 0 2 3 Steps 1 0 1 0 1 0 0 0 3 4 Steps 1 0 1 1 1 0 0 0 4 5 Steps 1 0 1 0 1 0 1 1 5 6 Steps 1 0 1 0 1 1 1 1 6 7 Steps 1 0 1 1 1 1 1 1 7 8 Steps 1 1 1 1 1 1 1 1 8 9 Steps 1 1 1 1 1 1 1 1 8 10 Steps 1 1 1 1 1 1 1 1 8 11 Steps 1 1 1 1 1 1 1 1 8 12 Steps 1 1 1 1 2 1 1 1 9 13 Steps 1 1 2 2 2 1 1 1 11 14 Steps 1 1 3 2 2 1 1 1 12 15 Steps 1 2 3 2 2 1 1 1 13 16 Steps 2 2 3 2 2 1 1 1 14 17 Steps 2 2 3 3 2 1 1 1 15* number of steps needed for total "True-up" - 21 - Tentative Settlement – May 2012