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TABLE OF CONTENTS PREAMBLE............................................................................................... DEFINITIONS............................................................................................ ARTICLES I. RECOGNITION: OTHER ORGANIZATIONS, DUES DEDUCTION.............. II. QUALITY EDUCATION.......................................................................... III. FAIR PRACTICES................................................................................ IV. TEACHER TRANSFER POLICY............................................................ V. PERSONNEL FILES.............................................................................. VI. GRIEVANCE AND ARBITRATION......................................................... VII. DISCIPLINE PROCEDURES................................................................ VIII. CHAPTER MEETINGS........................................................................ IX. CONSULTATION WITH SCHOOL CHAPTER ADVISORY COMMITTEE.. X. INFORMATION AVAILABLE TO THE UNION......................................... XI. TRANSPARENCY AND DISCLOSURE OF INFORMATION..................... XII. BULLETIN BOARDS........................................................................... XIII. TEACHER PROMOTION POLICIES.................................................... XIV. DAMAGE OR LOSS OF PROPERTY.................................................. XV. TEMPORARY TEACHERS.................................................................. XVI. TEACHER EVALUATION................................................................... XVII. GENERAL PROVISIONS RELATING TO SCHOOL OPERATIONS...... XVIII. LEAVE POLICIES........................................................................... XIX. BEHAVIOR MANAGEMENT AND STUDENT DISCIPLINE................... XX. REPORTING STUDENT PROGRESS.................................................. XXI. RELIEF FROM NON-TEACHING DUTIES........................................... XXII. ADDITIONAL SCHOOL FACILITIES.................................................. XXIII. STUDENT ACTIVITY FUND............................................................. XXIV. POLICIES RELATING TO WORKING CONDITIONS OF TEACHERS. XXV. AUXILLARY AND ANCILLARY SERVICES........................................ XXVI. SUPPLIES AND RELATED EDUCATIONAL MATERIALS.................. XXVII. SUPERVISORY RELATIONSHIPS.................................................. XXVIII. EXTRA DUTY PAY ACTIVITIES.................................................... XXIX. PERSONAL AFFAIRS DURING NON-DUTY HOURS......................... XXX. SUMMER AND PART-TIME SCHOOLS AND PROGRAMS................. XXXI. MEETING ON POLICY MATTERS................................................... XXXII. UNION ACTIVITIES....................................................................... XXXIII. COPY OF AGREEMENT............................................................... XXXIV. TAX-SHELTERED ANNUITY......................................................... XXXV. NO STRIKE CLAUSE..................................................................... XXXVI. CONFORMITY TO LAW-SAVING CLAUSE..................................... XXXVII. BOARD RULES........................................................................... XXXVIII. MATTERS NOT COVERED......................................................... XXXIX. COMPENSATION......................................................................... XL. BENEFITS......................................................................................... XLI. PAYMENT POLICIES........................................................................ XLII. REDUCTION IN FORCE, ABOLISHMENT AND FURLOUGH................ XLIII. SCHOOL PERFORMANCE INCENTIVES.......................................... XLIV. DURATION OF AGREEMENT........................................................... EG09 SALARY CHART.............................................................................. ET15 SALARY CHART............................................................................... ET15/12 SALARY CHART........................................................................... 1 1 4 7 12 13 17 18 22 27 27 28 28 29 29 30 30 30 31 34 39 41 42 43 44 45 60 64 66 67 68 68 69 69 69 69 70 70 70 71 71 72 74 76 76 77 78 79 80

Indeed, the mistrust was carried into the collective bargaining process by the respective teams from DCPS and the WTU. It is largely responsible for the prolonged delay in completing this contract. We had to work through it and get to a point where we were willing to “risk” trust. Once that point was reached, we were able to recommit ourselves to developing a collaborative relationship to accomplish the purposes described in the Declaration of Education, namely, to “provide high quality teaching and learning in every classroom in every school.” To that end, we have agreed on the development of Pilot Schools to experiment with new approaches to providing instruction; the implementation of a Career Ladder, that permits promotion of the systems’ most accomplished teachers so they can be used to mentor new teachers, work on curriculum design and provide professional development. We have agreed, also, to modify the grievance procedures to include meaningful mediation in an effort to decrease the quantum of grievances, facilitate proactive intervention and resolution to potential labor – management conflicts and reduce the distractions that imperil quality education for DCPS students. Beyond the individual merit of each of these initiatives, collectively, they represent a commitment by the WTU and DCPS to jointly engage in the struggle to rebuild public confidence in the educational product offered by DC’s public schools. We, too, want to be a part of a system of education that offers real promise to DC students. Our obligation is to make it happen. Of course, the race to this goal is more than a sprint. It will take focus, perseverance, stamina, strategy and real determination to get there. But by this agreement, we hope to signal that we’re on the right track.

A. BOARD. The term “Board" as used in this Agreement means the nine members of the Board of Education of the District of Columbia, the Superintendent of Schools, or subordinate officers, whichever is deemed appropriate.

B. BUILDING REPRESENTATIVE. An elected representative for the Union, or a Union designee in each school, school administrative unit, or school functional unit who shall serve as chairperson of the School Chapter Advisory Committee.

C. COLLABORATIVE PLANNING. Teacher and teacher planning, teacher and principal planning and teacher and student planning.

D. EXCESSING. The involuntary transfer and assignment of a teacher from a work location to another due to enrollment and/or budgetary constraints.

E. FULL AND EQUAL PARTNERSHIP COMMITTEE (FEP). A joint committee established by the Superintendent of the District of Columbia Public Schools and the President of the Washington Teachers’ Union with the responsibility for ensuring the full and successful implementation of this agreement.

F. GOVERNING LICENSURE BOARD. An organization or agency responsible for granting a license or license requirement for students of vocational study.

G. JOINT COMMITTEE. The term “joint committee” as used herein means that there shall be equal Board and Union membership on the committee, except as provided herein and where the parties agree on a different composition.

H. LOCAL SCHOOL RESTRUCTURING TEAM.(LSRT) A consensus group of educational stakeholders (administrators, parents, teachers, union representatives, community representatives, support staff, students and others as deemed appropriate), who are elected and/or appointed to advise the Board on matters of local school policy. The LSRT shall operate under the guidelines established in the Planning Guide for LSRTs as agreed on by the Union and the Board.

I. MENTOR TEACHERS. Teachers who have been released from the classroom on a full time basis to mentor new teachers to DCPS and provide support to veteran teachers as needed. J. PARTIES. As used in this Agreement, the term “parties” refers to the Board and the Union as participants to this Agreement.

K. PILOT SCHOOLS. Schools established to create and demonstrate models of developmentally appropriate, high-quality instruction.

L. SCHOOL. Any work location such as a school building and grounds to which any member of the bargaining unit is assigned.

M. SCHOOL ADMINISTRATIVE UNIT. A group of two or more schools where pupils are taught under the administrative direction of one supervisor.

N. SCHOOL CHAPTER ADVISORY COMMITTEE. A committee consisting of not more than seven (7) members of the Union in each school, school administrative unit, or school functional unit. There shall be only one School Chapter Advisory Committee in each school, school administrative unit, or school functional unit regardless of the number of bargaining units represented by the Union, except where there is more than one supervisor.

O. SCHOOL FUNCTIONAL UNIT. A group of teachers in a discipline who function on an itinerant basis under the direction of a supervisor, or a group of teachers of various disciplines assigned to a work location under a supervisor (e.g., service providers, mentor teachers, Oak Hill and DC Jail bargaining unit members).

P. SENIORITY. Seniority of a teacher shall have two (2) denotations: namely, system-wide seniority and building seniority. Seniority shall include temporary service only to the extent that such service is unbroken and immediately precedes probationary and permanent service.

Q. SPECIAL SUBJECT TEACHERS. A teacher of a special subject (e.g., physical education, science, mathematics, foreign language, speech, reading, music, art, and language arts) who is assigned to give specialized instruction to students on a resident or itinerant basis.
R. SUPERVISOR. The administrative head of a school or a school administrative unit, specialized service or school functional unit.
S. TEACHER. Shall refer to all employees covered by Article I.
T. THIRTY MINUTE MORNING BLOCK. A thirty minute period of time from 8:10 to 8:40 a.m. each work day that is restricted to collaborative planning, individual teacher planning, recordkeeping, and professional development.
U. UNION. The term “Union” as used in this Agreement means The Washington Teachers’ Union, Local #6, American Federation of Teachers, AFL-CIO.
V. Whenever the singular is used in this Agreement, it is to include the plural as appropriate. Whenever a masculine or feminine pronoun is used in this Agreement, it shall be deemed to refer to both the male and female gender.

School Reform means comprehensive strategies employed over time to redesign, restructure, or transform schools that are not effectively serving children and the community, into schools that support and facilitate increased student achievement. This reform will be accomplished through the implementation of research-based best practices, restructuring schools and improving facilities, resources and services.

The Board shall provide written notice of potential school reform to all teachers in those schools that have been identified as soon as possible. In any case, within two weeks of the Board’s decision to reform a school, teachers in those schools shall be given written notice of that decision.

A. Full And Equal Partnership

1. Equal Partnership
With this contract, the Washington Teachers Union (hereinafter, the “WTU”) and the District of Columbia Public Schools (hereinafter, “DCPS”) are establishing a full and equal partnership which we define as shared commitment, responsibility, and accountability for student achievement. This partnership requires open communication, trust, respect, collaboration, shared decision making, and compliance with all agreements. It requires full participation on all issues concerning education of DCPS students. To that end, we establish the Full and Equal Partnership Committee ( the “FEP”). It will consist of the Superintendent and the President of the WTU and as many designees (an equal number from DCPS and the WTU) as they deem appropriate. All other joint committees described herein, with the exception of the committees working on Pilot schools and the Career Ladder, will work under the auspices of the FEP. The FEP is primarily responsible for ensuring the full implementation of this collective bargaining agreement. It will also work to build collaborative relationships among stakeholders (teachers, administrators, parents, students and others) in order to create a healthy climate for improved learning.

2. Labor Management Relations
The parties agree that an effective Labor Management Relationship that facilitates productive collaboration and shared decision-making at the local school level is essential to high quality teaching and learning. The Superintendent and WTU President agree to consult on strategies designed to promote non-threatening and productive working relationships between WTU building representatives and local school administrators. Such strategies may include, but not limited to, joint training, mediation, data monitoring and analysis, labor management partnership certification and support intervention. The parties agree to jointly establish a subcommittee of the FEP to provide support and facilitate successful labor management partnerships and collaboration at local schools. The subcommittee shall develop operating procedures and those procedures shall be provided to all building representatives and administrators. Union representatives and administrators may access the subcommittee for assistance in establishing and maintaining non-threatening, collaborative, and productive labormanagement relationships that promote high quality teaching and learning in all District of
Columbia Public Schools.

B. New Teacher Induction/Mentoring
The parties agree to form a joint committee consisting of the Superintendent or designees,
President of the WTU or designees, and 6 representatives selected by the WTU – and 6
representatives selected by the DCPS to implement the mentoring and induction program
adopted by the Board.
The joint committee shall develop and implement a mentoring and induction program
that will:
1. Require the participation of all teachers within their first three years of service in DCPS.
2. Begin with an initial 4 or 5 days of training in classroom management and effective teaching techniques.
3. Offer a continuum of professional development for all teachers.
4. Develop and match mentor teachers with the newest staff.

C. Pilot Schools
The parties are planning for the development of innovative pilot schools. The purpose for establishing these pilot schools is to create models of developmentally appropriate, high quality instruction within the framework of the Master Education Plan, the Declaration of Education and No Child Left Behind. These schools will be designed to provide an alternative educational environment to attract and retain the District’s children and families.

There will be two types of pilot schools starting in 2006-2007: “innovative” public schools and “compensation incentive” (CI) public schools. Some schools may be both.

Innovative pilot schools may operate under procedures that are different than those that currently exist in public schools in the District. These procedures may include a modified school day; specified wrap-around services; alternative student evaluation; and increased tutorial support for students.

The goal of the CI pilot schools is to determine whether this form of compensation substantially increases student achievement, teacher retention, job satisfaction and overall educational success of students in the District of Columbia Public Schools. Immediately after the execution of this agreement, a joint working committee of ten members (five from DCPS and five from the WTU), co-chaired by the Superintendent of DC Public Schools and the President of the WTU, will begin to determine the method for selecting pilot schools, standards, procedures, the process for teacher application and other operational criteria.
Once these procedures have been developed and published, teachers will be able to apply
to serve on the faculties of these schools.

D. Career Ladder
The parties have agreed that at the beginning of SY ’07-’08, a Career Ladder Program will be instituted in DCPS. The purpose of the program is to create an opportunity for advancement in teaching for the system’s most successful teachers. The Career Ladder Program will allow these teachers to earn a differential in pay above their base salary while remaining in the classroom. Beyond their teaching responsibilities, these teachers will also be asked to share their skills with their colleagues by mentoring new teachers, providing support to veteran teachers and by participating in the design and implementation of other instructional activities.

The Career Ladder Program will operate under the auspices of the Career in Teaching Committee (CIT) which will be comprised of six (6) members appointed by the WTU President and six (6) members appointed by the Superintendent of Schools. The chair will rotate annually between the two parties. During the next school year ’06-’07, a joint committee with equal membership from the WTU and DCPS will convene to delineate the roles, responsibilities, expectations and success measures for this program. Once this work is completed, the committee will prepare and publish the application and criteria for selection.

E. Professional Development and Curriculum
Professional development is a critical component in supporting high quality teaching and learning. Creating a coherent system-wide plan for improving professional skills and competencies to increase student learning will organize school personnel into learning communities whose goals are aligned with those of the school and district. This will require the systematic training of teachers within their first three years of service and offer a continuum of professional development for all teachers resulting in:

Therefore, the parties agree to work cooperatively to develop well-articulated programs of instruction for each grade level that will guide and support teachers in aligning classroom instruction with the standards, curriculum and assessment system in order to support improved student achievement. The programs of instruction will outline to teachers and inform parents as to what students should know and be able to do, and incorporate relevant research-based developments in the areas of teaching and learning and effective practice. National and local curriculum programs, models and materials will be reviewed on an ongoing basis to determine their value for alignment with the standards, curriculum and assessment system, and where deemed appropriate will be incorporated into the programs of instruction. Professional development framed by the aligned standards, curriculum and assessments will support teachers in the continuing enhancement of their content knowledge and classroom practice.

F. Professional Development Standards

G. National Board Certification

The WTU and DCPS are committed to improving schools by promoting better teaching and learning. To this end, we support the mission of the National Board for Professional Teaching Standards. These standards are designed “to establish high and rigorous standards for what accomplished teachers should know and be able to do, to develop and certify teachers who meet these standards, and to advance related education reforms for the purpose of improving student learning in schools in the United States.”

1. Recognizing the importance of high standards for teachers, a partnership
(Partnership) has been formed among the District of Columbia Public
Schools, a consortium of Universities, the National Board for Professional
Teaching Standards and the Washington Teachers’ Union. The purpose of
the Partnership is to promote and support teachers who are seeking
National Board Certification; and

2. The Partnership will provide financial, technical and pedagogical support
to National Board candidates, including assistance with photocopying,
media services, and portfolio development. Also, up to three (3) days of
administrative leave will be available annually to those candidates
participating in National Board Certification activities.

A. The Board shall not discriminate against any teacher on the basis of membership in any teacher organization or association with the activities of the Union.

B. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without regard to union membership, within the provisions spelled out in this Agreement.

A. Voluntary Transfers

1. A voluntary transfer is a change in a building assignment from one work location to another, within the area of certification of present employment, initiated by the teacher.

2. Lists of vacancies, to the extent known, shall be prepared and posted on or before April 1 annually.

3. The vacancy list shall be posted, by the supervisor, in all schools and offices where members of the bargaining unit are located and a copy shall be provided to the WTU Building Representative. The list will indicate the school, program, position and the certification required for the position. The Director of Human Resources shall provide a copy of the vacancy list, along with position descriptions to the President of the Washington Teachers’ Union. Position descriptions shall be provided to bargaining unit members upon request from the Human Resources Division.

4. Requests for transfers will be honored to the extent they do not conflict with law, instructional requirements, and/or the best interest of the school system.

5. In cases where two or more teachers request a transfer to the same school but there are insufficient vacancies, preference shall be given to the teacher with the greatest amount of system-wide seniority. In cases where teachers have the same amount of system-wide seniority, the selection shall be determined by building seniority.

6. When a transfer is granted at the request of a teacher, the teacher shall be ineligible to request another transfer for three years. This limitation does not apply to teachers requesting a transfer

7. Written notification to teachers granted or denied a transfer shall be made
as soon as a determination is made, but in no case later than July 14. Teachers denied a transfer shall be notified in writing of the reason(s). The Union shall receive a copy of all transfer actions.

8. A teacher requesting a transfer must possess the certification for the position prior to the transfer and must have received a rating of satisfactory or above for the previous school year.

9. Teachers who are unable to adapt to an open space environment shall be permitted to transfer to a self-contained classroom, at any time, if a position is available.

10. Teachers requesting a voluntary transfer can arrange to interview with school principals by one or both of the following:

11. Voluntary transfers may occur at the same time or prior to the placement of excessed teachers.

12. Teachers requesting a voluntary transfer, shall submit their request online to the Human Resources Department any time before June 15th of each year.

13. In any year that a reduction-in-force occurs, the provisions of Section A
shall not apply.

B. Involuntary Transfers

1. Involuntary transfers shall be made only after consultation and discussion with the teacher involved. At the teacher’s request, there may be present at such discussion a representative of the Union. A teacher who is involuntarily transferred shall be given two (2) weeks notice, except in those cases where the transfer must be made in less than two (2) weeks, the notice shall be given as timely as possible. The notice of the transfer shall contain the reasons therefore. Teachers who are involuntarily transferred shall be given at least 3 workdays of non-instructional duties, prior to the transfer, at no loss in salary to prepare for transfer from their
current site location to their new assignment. Such preparation may include but is not limited to the purposes enumerated below:

2. The Board further agrees to provide logistical support (boxes, storage and transporting of educational materials) for the transferring teacher to the new building assignment.

3. Involuntary transfers shall not be made for reasons of disciplinary action.

4. In cases where transfers are necessary as a result of excessing teachers from buildings, preference shall be given to the teacher with the most building seniority, provided the teachers are equally certified. Where building seniority can not be determined by the official records of the Office of Human Resources, preference shall be given to the teacher with the most system-wide seniority.

5. A teacher who is involuntarily transferred shall carry forward his/her building seniority. The provisions of Section 5 shall apply to:

C. Excessing
In cases where transfers are necessary as a result of excessing, teachers will be notified of their excess status by their supervisors prior to the last day of school for teachers.

1. Excessed teachers shall be notified of their new assignment by the Office of Human Resources by July 31.

2. Excessed teachers shall be given the option of returning to their former assignments if a vacancy occurs in the area of certification from which they were excessed by the end of the equalization process in the following school year.

3. When two or more teachers have the same certification and identical building seniority, the teacher with the least amount of system-wide seniority shall be excessed.

4. When two or more teachers have the same certification, same building seniority, and the same system-wide seniority, the teacher with an annual evaluation of "Exceeds Expectations" in the school year immediately preceding the year in which excessing occurs, shall not be excessed prior to the teacher with an annual evaluation of "Meets Expectations" in the school year immediately preceding the year in which excessing occurs. In the event that certification, building seniority, system seniority, and the immediate preceding year’s annual evaluations are identical, the teacher to be excessed shall be determined by lottery. For the purpose of excessing, a teacher’s official area of certification shall mean his/her licensed area of employment in DCPS, as evidenced by his/her official records of the office of Human Resources. A teacher’s official building and system-wide seniority shall be determined by his/her official records of the office of Human Resources.

5. Teachers who receive an annual rating of "exceeds expectation" in the year directly preceding a year in which excessing occurs may request a waiver from excessing procedures through a process jointly determined and agreed upon by the Superintendent and President of the Washington Teachers Union (WTU). In such cases, the teacher must initiate a waiver request that includes a defensible explanation why excessing him/her would result in a detriment or hardship to the mission of the school and its school improvement plan. In addition, the school principal must submit a written explanation of why the retention of the teacher is critical to the success of the school. The granting of such waiver shall require the written approval of the Superintendent and WTU President, and it shall not be granted for a period longer than one (1) school year for each approved waiver request. The Superintendent and President of the WTU agree to review the effectiveness of the new provisions and overall educational impact of the standing provisions of Article IV.6

6. All excessed teachers not placed by July 15, shall be assigned (by the Office of Human Resources) in remaining vacancies according to certification.

7. Excessed teachers shall have priority in placement according to their system-wide seniority in the area of their certification. All such placements shall be made no later than July 31. In the event there are fewer system-wide positions in the area of a teacher’s certification than the number of excessed teachers, excessed teachers shall be entitled to bumping rights based on system-wide seniority in the area of their certification. After the completion of the system-wide bumping process, remaining excess teachers for which there are no available positions shall be subject to termination from DCPS. Such terminated teachers shall retain recall rights for three years. However, when a teacher is recalled and declines to accept a position that is equal or comparable to the one from which he/she was terminated, but the teacher is available to accept such assignment, he/she shall forfeit his/her right to recall. When a teacher is recalled and declines to accept a position that is equal or comparable to the one from which he/she was terminated, and is unavailable to accept such recall assignment due to other employment or other extenuating circumstances, he/she must accept the recall assignment by the beginning of the following school year or shall lose his/her right to recall.

D. Personnel actions for all transfers shall be provided for the teacher within thirty (30) days after the effective date.

E. A teacher transferring out of a school which becomes a Pilot shall be placed in a vacant position for which he/she is certified before voluntary transfers and new hires are placed. All teacher transfers into or out of a Pilot school shall be treated as involuntary transfers for purposes of building seniority.

F. Detailing of teachers will be done in accordance with District of Columbia Regulations, Title 5.

A. The teacher’s personnel file will be maintained in the Division of Human Resources. This shall be the teacher’s only official personnel file.

B. Upon appropriate request by the teacher, properly identified, he/she shall be permitted to examine his/her own file in the presence of a Division of Human Resources representative. Such requests will not be honored during the two weeks prior to, and two weeks following the opening of the school term.

C. A viewing record shall be developed and maintained reflecting the date, name and position of each person granted access into the file.

D. The teacher shall be permitted to obtain a copy of any material contained in his/her file.

E. A Union representative shall be permitted to examine a teacher’s personnel file in the presence of a representative from the Division of Human Resources provided that a document authorizing such examination is signed by the teacher and has been received by the Director of Human Resources prior to the date of examination of the file.

F. Documentation of a teacher’s professional performance, adverse actions, or documents that may lead to or result in adverse action against a teacher, shall not be placed in a teacher’s official personnel file until a copy of such material has been delivered to the teacher.

G. If the supervisor is unable to deliver such material, he/she shall mail it, certified mail, receipt requested, to the teacher’s last known address of record.

H. Should the teacher disagree with the contents of the material, he/she shall have the right to answer such material, and the answer shall be attached to and filed with the material in the official personnel file.

I. Upon the written request of the teacher, materials of an adverse nature, older than three years, shall be considered for removal unless it can be demonstrated that their removal will compromise the interests of the school system. Such removal shall take place within thirty (30) days from the receipt of said request. No evidence of an incident or action more than three years old may be used in determining any current or proposed disciplinary or adverse action.

J. Materials of an adverse nature that become the subject of a grievance shall be removed from the personnel file if that is part of the grievance/arbitration resolution.

K. A teacher’s personnel file shall be treated as confidential.

L. Anonymous material shall not be placed in an employee’s official personnel file.

M. Personnel information concerning an employee’s unpaid bills or bad checks shall not be placed in an employee’s official personnel file.

N. Lost records and/or files shall be recreated at DCPS’ expense. Benefits due a teacher shall be awarded immediately upon reconstruction, retrieval or restoration of lost records.

A. Statement of Principle
It shall be a guiding principle of this procedure that the parties shall make every reasonable effort to resolve any dispute between them by mutual agreement. The parties also agree that if a grievance is filed, the parties shall make every reasonable effort to resolve the grievance by agreement at the lowest possible step of the grievance procedure. Further, the parties agree to utilize those methods already contained in the CBA, such as the SCAC and the LSRT, to facilitate resolving disputes by mutual agreement. Finally, the parties expect that good faith observance, by their respective representatives, of the principles and procedures set forth herein will result in the settlement or withdrawal of substantially all grievances initiated hereunder at the lowest possible step, and recognize their obligation to achieve that end.

B. Definition

A grievance is a complaint involving a work situation or a complaint that there has been a deviation from, misinterpretation of, or misapplication of a practice or policy; or a complaint that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement.

C. Procedure

1. Either an employee or the Union may raise a grievance, and, if raised by the employee, the Union may associate itself with the grievance at any time except as otherwise provided. If raised by the Union, the employee may not thereafter raise the grievance himself, and if raised by the employee, he may not thereafter cause the Union to raise the same grievance independently. Any grievance raised by the Union on behalf of an employee must identify the employee. The Union may not process a grievance on behalf of an employee without that employee’s consent.

2. Grievances shall be settled as follows:

D. General

1. No matter shall be entertained as a grievance, unless it has been raised with the other party within ten (10) school days after the occurrence of the event giving rise to the grievance.

2. All time limits set forth in this Article may be extended by mutual consent, but if not extended, must be strictly observed.

3. If an employee or the WTU fails to file a grievance within the time limits specified in these procedures, and DCPS does not object within five (5) school days after receipt of the grievance, its right to object to the late filing is waived. However in no case may a grievance be filed more than thirty (30) school days after the event giving rise to it. If the matter in
dispute is not resolved within the period provided for any step, the next step may be invoked.

4. Once a grievance has been filed, it may not be altered, except that the Grievant may delete items from the grievance.

5. If the Union is not a party to Steps 1, 2, or 3 of this Article, then the disposition of the dispute shall not be a precedent with respect to it.

6. No hearing shall be open to the public unless all parties agree.

7. The fact that a grievance is filed by an employee, regardless of its disposition, shall not be recorded in the employee’s personnel file, any file or record used in the promotion process, for any recommendation for job placement; nor shall an employee be placed in jeopardy or be subject to reprisal for having pursued this grievance procedure.

8. Any hearing provided for in this Article shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, required to attend. Witnesses shall be present in the hearing only when their testimony is presented. When hearings are held during school hours, employees required to be present shall be excused
with pay for that purpose.

9. The Board and the Union shall have the right, at their own expense, to legal and/or stenographic assistance at Step 4.

10. Employees and the Union shall follow the procedures in this Article regarding any grievance.

11. No recording device shall be used at Step 1, 2, or 3 of this procedure. No person shall be present at any of these steps for the purpose of recording the discussion.

12. At Step 3, there shall be a single chief spokesperson on each side, provided that this shall not preclude any participant at Step 3 from speaking.

13. DCPS shall comply with grievance settlements and arbitration awards within 60 days of the effective date of the completion of the settlement or receipt of the arbitrator’s award and submission of all necessary paperwork submitted by the employee.

14. The parties shall conduct joint training for all WTU bargaining unit members and DCPS Administrators on the content of the Contract and conflict resolution. This training shall be conducted as a part of the ongoing professional development program by the Director of Human Resources or his/her designee, the General Counsel of DCPS or his/her designee(s) and the President of the WTU or his/her designee(s). The joint training shall be conducted once each year, within the first three months of the School Year under the auspices of the FEP.

E. Joint Grievance Committee

The parties shall establish a joint grievance committee to meet once monthly to
accomplish the following

1. Monitor and track the status of grievances at Step 2 and 3.

2. Collect and analyze data regarding the frequency and location of particular grievances and report to the FEP Committee.

3. The Joint Grievance Committee shall have the discretion to intervene in schools where the data indicates that the most grievances are filed.

4. This committee shall operate under the auspices of the FEP.

In the administration of this Article, the basic principle shall be that discipline shall be corrective in nature rather than punitive. No employee may be disciplined or discharged except for just cause. Any such discipline or discharge shall be subject to the grievance-arbitration procedure provided for in this Agreement.

B. Progressive Discipline

1. Discussion

For minor offenses, management has a responsibility to discuss such matters with the employee. Such discussions are not considered discipline and are not grievable. Such discussions shall not be noted in the employee’s Official Personnel File, and may not be cited as an element of prior adverse record in any subsequent disciplinary action against the employee.

2. Written Reprimands

A written reprimand is a disciplinary notice in writing, identified as an official disciplinary written reprimand, which shall include an explanation of a deficiency or misconduct to be corrected.

In the case of suspensions, or discharge, the official taking the action shall provide the employee with advance written notice of the charge[s], which shall include a specific statement of the evidence supporting such charge[s], no later than ten (10) school days prior to the effective date of the discipline. At the option of DCPS, an employee shall either remain on the job or in pay status for the entire ten (10) day period. Within five (5) days of the receipt of the notice, the employee has the right to review all documents related to the charges and to provide a written reply along with supporting documents against the charges. The decision shall go into effect as stated unless upon consideration of all relevant facts by the official taking the action, the action is to be modified, at which time the employee and the union shall be so notified in writing of the modification. The disciplinary action or discharge shall not take effect until the requirements of this article are satisfied. All suspensions shall be administered in a manner which causes the teacher to lose no more pay than the actual days of suspension.

C. The initiation of the disciplinary action
shall be taken no later than thirty (30) school days after the supervisor’s knowledge of the alleged infraction. In cases requiring an investigation, any investigation conducted by or on behalf of DCPS into the alleged infraction shall be completed, with any investigation report provided to the employee involved and to the WTU within thirty (30) days after the supervisor’s knowledge of the alleged infraction. This time limit may be extended by mutual consent, but if not so extended, must be strictly adhered to.

D. Immediate Administrative Leave.
In cases where retaining the employee on duty may be injurious to the employee, students, or to others, the employee may be placed immediately on administrative leave pending further administrative action.

E. Disciplinary Conferences
Any teacher has the right, upon request, to be represented at any disciplinary conference. The teacher shall be notified in advance of said administrative conference. A Union representative may accompany the teacher to said conference and may speak on behalf of the teacher.

F. Allegations of Corporal Punishment
As soon as a supervisor becomes aware of an allegation of corporal punishment, the supervisor shall immediately notify the affected teacher and the WTU Building Representative that an allegation of corporal punishment has been made. Additionally, within two school days of the supervisor’s knowledge of an allegation, the supervisor shall provide the teacher and WTU with written notification that an allegation of corporal punishment has been made against the teacher. Prior to any investigatory meeting, interview, or discussion with DCPS, the supervisor shall inform the teacher of his or her right to be accompanied by a Union representative. In circumstances where allegations of corporal punishment are reported to the Principal, prior to notifying security or the police, the Principal shall give the teacher the option of reporting to the police precinct, accompanied by a WTU Field Representative if desired, to discuss the allegation with the proper law enforcement authorities.

G. Professional Courtesy
As appropriate protocol, and when possible, all differences of an interpersonal nature should be worked out between an informal conference between the teacher and the Administrator. When interpersonal differences occur, the parties recognize that it is inappropriate to criticize each other in the presence of others.

H. Complaints
When a teacher becomes the subject of a complaint, the following processes should be
adhered to:
1. Every effort should be made to resolve the complaint at the earliest possible stage. Whenever possible, the complaint concerning the teacher should be made directly by the complainant to the teacher against whom the complaint is made.
2. If the complainant is unable or unwilling to resolve the complaint directly with the teacher involved, he/she may submit a written complaint to the teacher’s Principal.
3. Upon receipt of a written complaint, a copy shall be provided to a teacher within seventy-two (72) hours. During school vacation periods, such copy shall be sent Certified Mail, Return Receipt Requested. After receipt of the copy, a teacher shall have up to five (5) days to prepare his/her response.

4. Areas of concern regarding the complaint shall be discussed with the teacher in private. All matters relating to a complaint are to be kept confidential.

5. Documents, communications, and records dealing with the complaint shall be placed in the teacher’s personnel file. When a complaint is unfounded and unsubstantiated, all related documents and records will be returned to the teacher within five working days.

6. The investigation and resolution of all complaints shall be completed within fifteen (15) calendar days, unless the time is extended by mutual written consent of the parties.

7. The Administrator investigating the complaint shall proceed in an impartial manner and shall objectively weigh all facts of the complaint prior to reaching a conclusion.

8. The complaint process outlined in this section is not applicable to Section 14, “ADVERSE ACTIONS,” of the District of Columbia Municipal Rules. Nor is it applicable in cases of sexual harassment or physical/sexual abuse of a student.

A. On or before the last day of September, the building supervisor and his/her designees (teachers excluded) and the School Chapter Advisory Committee (SCAC) shall meet and establish the dates during the school year for their monthly meetings. Once established, these dates shall be included in the school calendar. Each month these meetings shall be held to discuss instructional issues, school policy and questions pertaining to the implementation of this Agreement. Decisions reached at these meetings shall not change the Agreement, established Board Rule or any system-wide policy or procedure.

B. The names of the members of the School Chapter Advisory Committee shall be furnished to the principal within ten (10) school days after the election. Any change in the membership of the School Chapter Advisory Committee shall be reported to the supervisor, in writing, as soon as possible, after the change is made.

C. A written proposed agenda for any such meeting shall be presented by the School Chapter Advisory Committee to the supervisor at least twenty-four (24) hours in advance. If the supervisor has any item to discuss, a written proposed agenda shall be presented to the School Chapter Advisory Committee at least twenty-four (24) hours in advance.

D. The School Chapter Advisory Committee shall be free to invite Union officials to attend such meetings. The supervisor shall be free to invite central officials to such meetings.

E. No persons attending such meetings shall use the information obtained in said meetings for any purpose inconsistent with the purpose of this Agreement.

F. All schools shall establish a Local School Restructuring Team (LSRT) and the Team shall operate under guidelines established in the Planning Guide for LSRTs as agreed upon by the Board and the Union. The SCAC shall receive all recommendations or matters generated by the LSRT.

G. Decisions reached by the LSRT shall not change or supersede any contractual agreement, Board Rule(s) system-wide policy or procedures but will be handled in accordance with guidelines established in the Planning Guide for LSRTs as agreed upon by the Union and the Board.

A. The Superintendent shall make available to the Union upon timely request, information relevant to negotiations and the proper enforcement of the terms of this Agreement including, but not limited to, bargaining unit members’ seniority, vacancy lists, school budgets, names and addresses of bargaining unit members, employment data and other appropriate information.

B. For the purposes of hearings and arbitrations, the Administration shall provide the Union copies of all documents relevant to the case in an unredacted form in a timely manner.

A. All official announcements to teachers and other information of interest to teachers shall be posted upon receipt by the supervisor on the school’s main office bulletin boards for review by teachers. Simultaneously, a copy will be provided to the building representative. When such announcement contains compliance deadlines, or where timelines are a factor in the content of the announcement, copies shall be distributed to all teachers.

B. A copy of the current teaching and non-teaching assignments and the per-period class coverage rotation list will be posted on the school’s main office bulletin board in each school by October 1st. Changes resulting from the addition, deletion or reorganization of teachers in a building will be posted promptly. A copy will be furnished to the building representative.

C. A current copy of the ET-15 staff roster or, where appropriate, a copy of an ET- 15/12 staff roster, the school building seniority list, and full information concerning extra-duty assignments for which there is pay shall be provided to the building representative upon request. The seniority list shall contain the name of the teacher, the date of entry into the school, the number of years of building seniority, and the date of certification.

D. A copy of the Board Rules and the Superintendent’s Directives shall be maintained in the school business office and shall be available for use by teachers and the Union Building Representative.

E. Information pertaining to Local School Plans, school budgets and financial expenditures shall be available to teachers in the following manner:

A. Bulletin board space, not to exceed sixteen (16) square feet, shall be made available for the exclusive use of the Union for the posting of official notices and other official materials relating to Union activities. If this area cannot be provided as part of existing office bulletin board or boards, the Union shall have a minimum of one-half (1/2) of the existing space available on the existing board or boards in the school office. If such half (1/2) does not equal sixteen (16) square feet, the Union shall be given the opportunity of installing its own boards in accessible space agreed to by the supervisor concerned and the School Chapter Advisory Committee. The total bulletin board space available to the Union shall not exceed sixteen (16) square feet and in no case shall the Union make use of more than three (3) bulletin boards.

B. The building representative shall supply the supervisor of each school with an information copy of all Union materials which are to be posted on school bulletin boards or distributed to teachers. The Union shall provide the Office of Labor Management and Employee Relations with a copy of all official Union materials to be posted on bulletin boards or distributed to teachers.

B. All vacancies to be filled competitively shall be advertised by the school system. The advertisement shall set forth the grade level, application procedures and deadline date for submission of applications. Additional information concerning positions may be secured from the Office of Human Resources.

C. Announcements of vacancies shall be posted in a conspicuous place on the business office bulletin board in each school or office by the responsible officer in charge. Copies shall be sent to the Union.

D. After the date of publication of the announcement, applicants shall be given at least fourteen (14) calendar days to submit their applications for the vacancies they’re seeking to fill.

E. Every teacher applicant who is not selected will be advised in writing within twenty (20) school days after the position has been filled. An applicant may request a conference through the Office of Human Resources.

A. Teachers shall be responsible for school instructional property; provided, however, that no teacher shall be held liable for loss, damage, or destruction of school property or student’s property when such loss, damage, or destruction is not the fault of the teacher.

B. The Board shall process under applicable District of Columbia regulations any application by a teacher for reimbursement for loss, damage, or destruction, while on duty in the school, of personal property of a kind normally worn to or brought into school when the teacher has not been negligent. An application shall not be processed if the loss is covered by insurance. The term “personal property” shall not include cash. The terms “loss,” “damage,” and “destruction” shall not cover the effects of normal wear and tear and use.

C. A teacher shall report in writing any loss, damage, or destruction of school property to the supervisor immediately upon becoming aware of such loss, damage, or destruction.

A. Each temporary teacher hereafter employed shall be notified, in writing, as to his/her length of service and the reason why he/she is in a temporary status.

B. Temporary teachers who will be re-appointed shall be advised in writing, as soon as possible, after such determination has been made by the Board.

C. A teacher who is appointed on appropriated funds in a temporary status and whose performance is satisfactory or better shall be converted to probationary status if he/she meets all of the certification requirements for the position to which appointed and said position is free, unencumbered and not designated to be abolished.

A. U.S. Congressional legislation has determined that the teacher evaluation instrument shall be developed by District of Columbia Public Schools (DCPS). The Union shall have the opportunity to consult with the superintendent on such teacher evaluation instrument prior to its implementation.

B. Immediately following the execution of this agreement, the Superintendent and the President of the WTU agree to consult on modifications to the PPEP or on the development of a new teacher evaluation instrument.

C. Copies of the evaluation procedures shall be made available to each teacher.

D. A teacher shall be given a copy of his/her final evaluation immediately following the annual evaluation conference between the teacher and the rating officer. The copy, which includes the signature of the reviewing officer, shall be given to the teacher as soon as possible after the evaluation year but not later than September 30 of that calendar year.

E. If a teacher receives a “Needs Improvement” on any performance standard indicator, he/she shall receive a written plan of assistance for areas of improvement along with the support, training and resources necessary for improvement. Support may include, but is not limited to, classroom visitation, mentoring, helping teachers, content specialist, etc. The teacher shall be free to include additional support or resources of his/her choosing. If the teacher receives an overall rating of “Needs Improvement,” he/she shall be held on the same pay step until a rating of “Meets Expectations” is received. Upon receipt of a “Meets Expectation” rating, the teacher shall be placed on the next immediate pay step. If the teacher receives an overall rating of “Needs Improvement” for two (2) consecutive years, and there is no significant improvement or reasonable expectation that skillful performance on all standards can be achieved, termination of employment may be recommended.

F. If a teacher decides to challenge an alleged violation of the evaluation procedure, he/she has the option to request mediation at Step 2 or to commence a grievance at Step 3. If the alleged violation occurs in connection with an evaluation that results in termination, the hearing at Step 3 shall receive priority over all other pending grievances except those related to termination.

G. The Board and the Union agree that effective SY 2006-2007, WTU bargaining unit members will no longer be required to have seat hours as a part of the teacher evaluation process.

A. Interruption of the scheduled program of instruction during the day shall be kept at a minimum.

B. In buildings where no central communication system is in operation, routine announcements shall be posted on the bulletin board, published in the daily bulletin, or shall be sent to teachers at scheduled times previously agreed upon by the supervisor and the School Chapter Advisory Committee.

C. In buildings where the central communication systems are operable, the system shall be used only for:

D. Under no circumstances will the electronic communication system be used to monitor the activities in a classroom or teachers’ cafeteria without the knowledge and consent of the teacher(s).

E. In cases of emergency, phone messages for teachers shall be delivered immediately or as soon as the teacher can be reached. Other telephone messages will be placed in the teachers’ mailboxes. This message shall include the date and time of the call.

F. The handling of funds in any school will be worked out by agreement between the supervisor and the teacher or teachers involved. This provision shall not apply to a teacher who handles funds for an activity initiated by the teacher. Teachers in career development centers/vocational programs who teach shop may be required to handle funds for shop work. Such teachers shall be covered against any loss of life or limb by Disability Compensation and any claim for personal property lost while handling such funds shall be processed in accordance with applicable laws.

G. Solicitation of Money

H. Emergency School Closing
The Superintendent shall announce any emergency closing at the earliest possible time and shall submit such announcement for broadcast by local radio and television stations.

I. All teachers shall be provided a locker, or a locker-cabinet, and a desk in each building to which the teacher is assigned. One of the items shall be lockable. In the event that any teacher places an additional lock on such property, either a duplicate key or the combination thereof shall be provided to the supervisor. In emergencies where the supervisor needs to open the locked property, the supervisor shall first seek to reach the teacher and obtain the consent to unlock the property. In the event the supervisor is unable to reach the teacher, or obtain consent, the supervisor may open the lock.

J. The Board shall not hold a teacher responsible for any injury to a student, which the teacher could not reasonably prevent.

K. Department Chairpersons
1. Department Chairpersons who receive a stipend shall be chosen from the
current staff by the following process:

2. This process shall take place during the month of May of each school year. Chairpersons shall be appointed to a one-year term beginning on the day after the last day of school for students.

3. In schools where department or grade-level chairpersons do not receive stipends, teachers in each department or grade level shall be free to elect their own chairperson from among themselves by majority vote in secret ballot of all teachers in the department or grade level. Upon his/her election, the elected chairperson will notify the building administrator in writing of his/her chairpersonship. Said election shall be held during the month of May of each school year. DCPS shall not be involved in any part of the election procedure described in this paragraph.

4. Specific duties, responsibilities and requirements shall be developed for department and grade-level chairpersons by the Office of Human Resources.

L. Safe Conditions in Schools

1. No class shall be held in any room or building where the teachers would be in physical danger because of the existence of unsafe conditions as determined by the supervisor in consultation with the School Chapter Advisory Committee or with the appropriate District of Columbia government agency. The decision reached shall be made in the best interest of all concerned.

2. DCPS shall be responsible for furnishing and maintaining conditions of employment that are free of hazards that are causing, or are likely to cause accidents, injury or illness to employees.

3. Employees shall be guaranteed protection from any restraint, interference, coercion, discrimination or reprisal for filing a report of an unsafe or unhealthful condition, or for any other participation in a safety program.

4. Within thirty (30) days of ratification of this Agreement, a joint DCPSUnion committee on Health and Safety is herein established and empowered to make recommendations to the Board regarding the disposition and resolution of any and all problems attendant to safety and health in the schools. The superintendent shall appoint two (2) members and the Union president shall appoint three (3) members to the committee.

M. Personnel Committee

1. Each school will have a Standing Personnel Committee that will interview and recommend all candidates for any vacant positions at the school. The members of the Personnel Committee will include: