Professional Negotiation Agreement Between LCSD and LCEA

The Board of School Trustees of Lyon County School District supports the cooperative development of a professional negotiations agreement with the Lyon County Education Association. It is our sincere belief that such an agreement is in the best interests of our students in as much as the kinds of things that will be mutually considered and subsequently agreed upon will improve the educational environment of our professional staff members and thus increase the effective and efficient operation of our schools. This, in turn, will be of great benefit to the students to move us closer to our stated goal of providing a quality educational program for the children of the Lyon County School District.

We believe that this mutually developed agreement must fall within the framework of all constitution, statutory and legal provisions of the State of Nevada and, therefore, designate this effort as a Professional Negotiations Agreement.

The parties seek to educate young people in the democratic tradition, to foster recognition of individual freedom and social responsibility, to inspire meaningful awareness of and respect for the Constitution and the Bill of Rights, and to instill appreciation of the values of individual personality. It is recognized that these democratic values can best be transmitted in an atmosphere, which is free from academic censorship and restraints upon free inquiry and learning within the framework of morals and public taste.

This agreement is adopted by and between the Lyon County School District in the City of Yerington, County of Lyon and State of Nevada and the Lyon County Education Association.

WHEREAS, the Lyon County Boards of School Trustees in the City of Yerington, County of Lyon, State of Nevada and the Lyon County Education Association, the parties of this Agreement, recognize and declare that providing quality education for the children of the District is their mutual aim and that the character of such education depends predominantly upon the quality of the morals of the teaching staff, and

WHEREAS, the members of the teaching profession are particularly qualified to assist in formulating policies and programs designed to improve educational standards, and

WHEREAS, members of the teaching staff in the District have the right to join or not to join any organization for their professional or economic improvement.

WHEREAS, a free and open exchange of views is desirable and necessary by and between the parties hereto in their efforts to negotiate in good faith with respect to wages, hours, and conditions of employment.

WHEREAS, except as specifically modified by this Agreement, the School Board retains, without limitations, all powers, rights and authority vested in it by N.R.S. rules and regulations, including but not limited to:

1) Direct its employees;

2) Hire, promote, classify, transfer, assign, retain, suspend, demote, discharge or take disciplinary action against any employee;

3) Relieve any employee from duty;

4) Maintain the efficiency of its operations;

5) Determine the methods, means and personnel by which its operations are to be conducted;

6) Take whatever actions may be necessary to carry out its responsibilities in an emergency.

NOW, THEREFORE, IT IS AGREED.

APPROVED 1981

REVISED 1982

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ARTICLE I

DEFINITIONS

1-1-1 The term “NRS 288”, as used in this Agreement, shall refer to Chapter 288 of the Statutes of Nevada enacted by the 1969 session of the Nevada Legislature also known as the Local Government Employee-Management Relations Act.

1-1-2 The term “Teachers”, as used in this Agreement, shall refer to all contracted non-administrative licensed personnel eligible for membership in the Lyon County Education Association.

1-1-3 The term “School Trustees” or “School Board”, as used in this Agreement, shall mean the Board of School Trustees of the Lyon County School District and is the entity known as Local Government Employer in NRS 288.060.

1-1-4 The term “Board”, as used in this Agreement means the Local Government Employee – Management Relations Board as provided in NRS 288.030.

1-1-5 The term “Association”, as used in this Agreement, shall mean the Lyon County Education Association and its entity known as the Employee Organization in NRS 288.040.

1-1-6 The term “School District”, as used in this Agreement, shall mean the Lyon County School District.

1-1-7 The term “Superintendent”, as used in this Agreement, shall mean the Superintendent of Schools of the Lyon County School District.

1-1-8 The terms “School Trustee”, “Government Employee-Management Relations Board” and “Association”, as used in this Agreement, shall include authorized officers, representatives and agents. Despite reference herein to “School trustees”, “Government Employee-Management Relations Board”, and “Association”, as such, each reserves the right to act hereunder by committee or designated representatives.

1-1-9 The term “School Year”, as used in this Agreement, shall be defined in NRS 388.080.

1-1-10 The term “Agreement”, as used in this Agreement, refers to the name of this document being the Professional Negotiation Agreement between the Lyon County School District and the Lyon County Education Association.

1-1-11 The term “Grievance”, as used in this Agreement, shall mean a complaint by a licensed staff member of the Association, excluding administrative personnel, that there has been a violation of this agreement.

1-1-12 The term “Aggrieved Person or Party” as used in this Agreement, is a teacher and/or the Association who is asserting a grievance.

1-1-13 The term “Day”, as used in this Agreement, shall mean each day or portion of a day that the School District’s Superintendent’s Office is open for business.

APPROVED 1982

1-1-14 The term “Immediate Family”, as used in this Agreement, shall mean the employee’s spouse, parents, siblings, grandparents, grandchildren, any person similarly related by marriage, foster parents, and any person living in the immediate household of the employee. For the purpose of bereavement leave only, the term “immediate family” will include a significant other person in the employee’s life.

APPROVED 1989

1-1-15 The term “Discipline”, as used in this Agreement, shall mean the process by which violation of District or school policy/regulations or professional behavior is addressed.

APPROVED 1995

1-1-16 The term “Evaluation”, as used in this Agreement, shall mean the process by which a teacher’s over-all performance may be determined to be satisfactory or unsatisfactory.

APPROVED 1995

1-1-17 The term “Assignment”, as used in this Agreement, shall mean the placement of a teacher in a position for which they are licensed of for which an exception has been granted.

1-1-18 The term “Transfer”, as used in this Agreement, shall mean the movement from one work site to a different work site and may be voluntary or involuntary.

1-1-19 The term “Re-assignment”, as used in this Agreement, shall mean the movement of a teacher at a work site from one assignment to another assignment which may be voluntary or involuntary and, for exceptional circumstances, could be outside the teacher’s license.

1-1-20 The term “Plan of Assistance”, as used in this Agreement, shall mean a plan implemented by the district to assist an employee in his/her efforts to make necessary improvements and/or corrections in job performance.

APPROVED 1999

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ARTICLE II

GENERAL

2-1-1 The School Board shall not discriminate against any teacher on the basis of race, creed, color, national origin, gender, marital status, disability or membership in any teacher organization.

REVISED 2007

2-1-2 The Association shall admit persons to membership without discrimination on the basis of race, creed, color, national origin, gender, marital status, or disability and to represent all teachers without regard to membership in any teacher organization.

REVISED 2007

2-1-3 This Agreement constitutes School Board Policy for the term of said Agreement and the School Board and the Association will carry out the commitments contained herein and give them full force and effect.

2-1-4 No change, rescission, alteration or modification of this Agreement in whole or part shall be valid unless the same is ratified by both the School Board and the Association and endorsed in writing hereon.

2-1-5 It is not the intent of either party hereto to violate any laws of the State of Nevada or of the United States of America. The parties agree that in the event any provision of this Agreement is held by a Court of Competent Jurisdiction to be in contravention of any such laws, they will enter into negotiation at a time mutually agreeable to all parties. The remainder of the Agreement shall remain in full force and effect.

APPROVED 1993

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ARTICLE III

LYON COUNTY EDUCATION ASSOCIATION

.1 RECOGNITION

3-1-1 The School Board recognizes the Association as the exclusive and sole negotiating representative of all members of the licensed staff of the School District except the following:

Superintendent

Associate and/or Assistant Superintendents

Administrative Assistants to the Superintendent

Directors

Principals and Assistant Principals

3-1-2 All rights and privileges granted to the Association under the terms and provisions of this Agreement are for the exclusive use of the Association in representing all licensed staff and not for the use of any other party or organization

3-1-3 No Strike/Work Stoppages – the Lyon County Education Association reaffirms their pledge that there will be no strikes, stoppages of work or slow downs against the Local government employer, the Lyon County Board of School Trustees.

.2 BOARD LIASON

3-2-1 In order to provide for discussion and periodic exchange of views between the School Board and the Association, one (1) Association member shall be present at all school board meetings that are open to the public.

3-2-2 In the event that school board meetings are being conducted during school hours, the Association representative to the School Board may be released from his regular duties without loss of pay but with the Association paying the cost of the substitute.

3-2-3 One additional member of the Association representing a particular geographical area of the County may be invited by the School Board.

.3 DUES

3-3-1 The District agrees to deduct dues from the salaries of the employees covered by this agreement for the Lyon County Education Association, Nevada State Education Association and the National Education Association. These monies shall be transmitted to the Nevada State Education Association.

APPROVED 1991

3-3-2 The Association will certify to the District in writing the current rate of membership dues. The district will be notified of any change in the rate of membership dues thirty (30) days prior to the effective date of such change.

APPROVED 1991

3-3-3 Deductions referred to in Section 3-3-2 above will be made in equal installments each month during the year. The District will not be required to honor for any month’s deduction any authorizations that are delivered to it later than the first month prior to the distribution of the payroll from which the deductions are made.

APPROVED 1991

3-3-4 No later than October 15 of each year, the Association will provide the District with a list of those employees who have voluntarily authorized the District to deduct dues to the organizations named in section 3-3-1 above. Copies of the executed dues authorization for all employees shall be submitted to the School District. The Association will notify the District monthly of any changes in said list. Any teacher desiring to have the School District discontinue deductions previously authorized must notify the Association in writing between September 1 and September 20 of each year for the upcoming school year’s dues and the Association will notify the District in writing promptly to discontinue the employee’s deductions.

APPROVED 1991

3-3-5 If an employee leaves the district prior to completing his/her contract, the remaining dues of the Association in 3-3-1 above, will be waived.

APPROVED 1991

3-3-6 It is recognized that the School District, in agreeing to deduct dues, is performing a solely administrative function on behalf of the Association for its convenience and is not a party to any agreement between the Association and its members regarding the deduction of dues. The Association, therefore, agrees to hold the School District harmless and to reimburse the School District for any and all costs, including legal fees it may incur in relation to any deduction made at the direction of the Association and contrary to the instructions received from the individual teacher. The parties agree that if there are not sufficient funds due to garnishment that the District is not liable for failure to collect such dues as long as the funds are not available.

APPROVED 1991

.4 ASSOCIATION BUSINESS

3-4-1 Association Business shall not be conducted during the regular workday, excluding the duty free lunchtime, except when deemed necessary and agreed upon by the school’s administration and the Association.

APPROVED 1999

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ARTICLE IV

NEGOTIATIONS

4-1-1 All negotiations shall proceed in accordance with the applicable sections of NRS 288 and with the ground rules established by mutual consent at the initial meeting of the two parties.

APPROVED 1982

4-1-2 Should an impasse occur, it shall be resolved in accordance with applicable sections of NRS 288.

APPROVED 1982

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ARTICLE V

PROFESSIONALISM

.1 PROFESSIONAL RESPONSIBILITES

5-1-1 The District and the Association recognize the following tenants, though not all inclusive, as essential elements of professional responsibility of the teachers to the students, parents, staff and communities in Lyon County School District:

1. Adhere to the Code of Ethics of the National Education Association.

2. Comply with District policies, regulations and guidelines.

3. Work in a positive, cooperative and collaborative manner within the educational community.

4. Treat other District employees, students and parents with respect and maintain the highest level of professional interaction.

5. Keep confidence and respect the confidence of others by neither soliciting nor revealing confidential information inappropriately about any student or staff member.

6. Notify and apprise the school administration directly or through the Faculty Advisory Committee, as appropriate of potential problems and concerns as they arise.

7. Cooperate with the administration in addressing issues and resolving problems.

8. Address parental concerns in a forthright and constructive manner.

9. Implement and follow district-adopted curriculum incorporating enrichment activities.

10. Demonstrate an on-going commitment to improving instruction and increasing student learning/achievement and seek out opportunities to grow professionally.

11. Understand how students differ in their approaches to learning and create instructional opportunities adapted to diverse learners.

12. Provide feedback to students and parents regarding student behavior and progress in learning in accordance with District policies and school standards.

APPROVED 1997

5-1-2 Teachers will dress in an appropriate manner for the educational setting. Hairstyles on teachers will be clean, neat and compatible with community standards. Clothing in disrepair, tee shirts, and athletic practice sweats, are inappropriate classroom wear. Clothing, in general, must be appropriate for school activities of the day.

.2 PROFESSIONAL QUALIFICATIONS

5-2-1 We, the Lyon County Education Association do firmly believe in the upgrading of our profession. Therefore, the Lyon County School Board and the Lyon County Administration agree not to employ any non-degree person in a licensed position unless exceptional circumstances should prevail.

5-2-2 Licensure is the responsibility of the teacher.

APPROVED 1995

5-2-3 Teachers are expected to comply with rules, regulations and directions adopted by the School Board or its representatives which are not inconsistent with the provisions of this Agreement provided that a teacher may refuse to carry out an order which threatens physical safety or well being.

.3 POLITICAL ACTIVITY

5-3-1 All employees of the Lyon County School District shall have entire liberty of political action when not engaged actively in their employment provided such action is within the laws of the United States of America and the State of Nevada.

5-3-2 A teacher planning to run for public office must notify the Board of Trustees prior to the date of filing for that office. A teacher may be reassigned if the District determines absence of the teacher from his/her current assignment due to public office commitments would be detrimental to an educational program.

REVISED 1995

5-3-3 In the event that a teacher is elected to a public office, the School Board agrees to grant that teacher a leave of absence for that period of time that the duties of that office require. The leave of absence will be without pay and shall not exceed one year of continuous time off.

5-3-4 The teacher elected to office is obliged to cooperate in the smooth transition of his/her replacement prior to assumption of office.

5-3-5 It shall be a breach of contract if the teacher fails to follow or confirm to the provisions of 5-3-2 to 5-3-4 inclusive.

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ARTICLE VI

TEACHER WORK SCHEDULE

.1 TEACHING HOURS AND TEACHING LOADS

6-1-1 The teacher’s work year shall consist of 185 days for post-probationary teachers and 187 days for newly hired and/or probationary teachers.

All full-time licensed personnel shall be required to work seven and one-half (7 ½) hours per day.

Unless excused by the administrator, as part of their professional responsibilities, teachers shall attend parent/teacher conferences, site open house, and/or graduation/promotion. When a school function is scheduled outside of the regular work day or contract year, there shall be compensation in time within that same school year.

REVISED 2007

Personal and Association business shall not be conducted during instructional time. The building administration working with a committee of teachers, selected by the teachers and agreed to by the Principal, which is representative of the grade levels in the school will make reasonable efforts to reduce non-instructional duty time for teachers and to equalize non-instructional duties of the teachers.

APPROVED 1991

REVISED 1997

REVISED 2001

6-1-2 Teachers should not be required to serve as substitutes except when deemed necessary by the administrator in which event they shall be paid additional compensation at the rate of $21.00 per hour.

APPROVED 1981

REVISED 1997

REVISED 2005

REVISED 2007

6-1-3 When a particular teacher or group of teachers receives administrative approval for a curriculum project, which requires special planning, adequate release time from classroom duties may be provided.

6-1-4 When a particular teacher or group of teachers receives administrative approval for a curriculum project to be carried out during the summer months, the teacher or group of teachers shall receive an agreed upon salary.

6-1-5 The District shall provide a duty free lunch of not less than thirty (30) consecutive minutes within the 7 ½ hour school day, however deviations may be made with the consent of the teacher. The thirty (30) minute lunch period may be modified on days when the school’s normal schedule is altered.

APPROVED 1983

REVISED 2005

6-1-6 Except for emergency situations, as determined by the administration, legitimate efforts shall be made to give employees reasonable prior notice of meetings and training sessions where their presence is required. Should a teacher not be present for a meeting or training session, it shall be the teacher’s professional responsibility to review and implement any and all information as all other staff members. It shall be the responsibility of the site administrator to provide the teacher with all pertinent materials.

APPROVED 2001

REVISED 2005

.2 EXTRA CURRICULAR

6-2-1 Realizing that Class Advisors in Article XXII are activities which are a valid extension of a teacher’s obligations, the following will be in effect:

a) Teachers assigned as Class Advisors will be expected to carry out their responsibilities in full.

b) Student extra-curricular activities will be posted at least two weeks in advance, except when prevented by circumstances beyond the control of the administration, and the licensed personnel involved will be so notified of their duties in the particular activities.

REVISED 2007

.3 PREPARATION TIME

6-3-1 The School District recognizes that preparation time during the teacher’s work day is an important part of effective education. The School District shall provide at least 250 minutes during the teacher’s normal work week for preparation time. However, a schedule outside of the regular five-day standard schedule, such as block and 75-30-75, may require an extended time period of scheduling to equalize preparation time. Preparation time shall be defined as structured time for preparation of lessons and correction of papers, planning and coordinating with colleagues, contacting and conferencing with parents. At least two of the preparation times during the teacher’s normal work week shall be a minimum of thirty minutes that are continuous, uninterrupted and duty free.

REVISED 1997

REVISED 2001

APPROVED 2007

.4 SCHOOL CALENDAR

6-4-1 On or before March 1 of each year, the Association may develop a school calendar for the following year. The Association may submit the calendar to the District for its consideration.

APPROVED 1982

.5 YEAR ROUND SCHOOL

6-5-1 In the event a Lyon County school goes on a year-round schedule, the District shall meet with the Association by the 4^th week of the semester prior to the beginning of the year-round schedule to negotiate, pursuant to NRS 288, and related Articles of this Agreement.

APPROVED 1994

REVISED 1999

REVISED 2007

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ARTICLE VII

TEACHER PROTECTION

.1 DISCIPLINE PROCEDURES

7-1-1 Corrective and disciplinary action, when necessary, shall be designed to provide a fair and structured way for employees to improve and/or correct their job performance and/or behaviors, which do not meet the standards or demands of their positions. This shall provide a fair and equitable treatment for all employees. The District shall give employees an opportunity to improve and/or correct their job performances and/or behaviors which do not meet the standards or demands of their positions. The goal of the corrective discipline system is to correct or improve unsatisfactory performance/behavior, and the measures utilized will be commensurate with the deficiency to be corrected. Should disciplinary action be deemed necessary, it is the expectation that the standard rules of progressive discipline shall apply.

APPROVED 1991

REVISED 1995

7-1-2 No teacher shall be disciplined, suspended, reduced in rank or compensation, adversely evaluated, transferred or dismissed without just cause. Any such action as outlined above without just cause asserted by the District or representative thereof shall be subject to the Professional Grievance Procedure as set forth in Article VIII. All information forming the basis for such disciplinary action will be made available to the teacher and the Association.

7-1-3 Before the District proceeds with a suspension of a teacher, except when an immediate suspension is necessary where the Superintendent believes that cause exists for the dismissal of the teacher and it is necessary in the best interest of students in the District, the teacher shall be notified of the proposed suspension and have a period of ten school days after the receipt of the notice within which to file a grievance under the Professional Grievance Procedure, Article VI of the Negotiation Agreement, to challenge whether the District has just cause to impose the suspension. If no such grievance is filed, the District shall immediately impose the suspension. This method of challenging any proposed suspension shall be in lieu of any other challenge, including but not limited to any challenge under NRS 391.314 or NRS 391.317.

APPROVED 1997

7-1-4 A licensed employee is entitled to representation when meeting with administration on job related matters. Representation for the employee and the District shall be purposeful to the resolution of issues.

APPROVED 1999

7-1-5 The district shall not discriminate against any licensed employee pursuant to NRS 288.270 paragraph f.

APPROVED 2007

.2 EVALUATION

7-2-1 Evaluation of licensed personnel is the responsibility of the District in accordance with State statutes. No teacher shall evaluate another teacher.

Each administrator who contributes to the evaluation of an employee shall sign the employee’s evaluation.

APPROVED 1995

REVISED 2007

7-2-2 When the District deems it necessary, a “Plan of Assistance” for the teacher may be implemented. An area of job performance noted on an evaluation as unsatisfactory or in need of improvement is of concern. The District may implement a plan of assistance, to address that performance area even though the evaluation is in general marked satisfactory. Evaluation shall be compliant with NRS 391.3125.

A satisfactory evaluation that has met the statutory purpose of providing a format for constructive assistance to correct any deficiencies that have been documented in observations is not grievable however subject to 7-1-2. Any deficiencies or areas of concern must be brought to the attention to the teacher in a post-observation conference.

7-2-3 The Lyon County School District recognizes the right of teachers to respond in writing on the evaluation sheet to any adverse criticism of his or her performance. Any employee exercising this right is guaranteed a review of his or her evaluation by the Superintendent or his designee if requested in writing.

APPROVED 1982

7-2-4 The Association and the District agree to adhere to NRS 391.3197 in the matter of non-renewal of a probationary teacher’s contract. In the event of non-renewal, the probationary teacher shall not have access to the grievance process.

APPROVED 1991

REVISED 1997

.3 PERSONNEL FILES

7-3-1 The District shall maintain, for official school district purposes, one (1) personnel file for each employee in the Central Office and one (1) personnel file in the office of the employee’s principal. These files shall be kept under conditions that insure their integrity and safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the employee, written evaluations and other appropriate materials relating to the employee’s employment.

APPROVED 1991

7-3-2 An employee shall be given a copy of official material prior to its being placed in the file and shall date and initial or sign the material prior to its placement in the file. Anonymous, unattributed or inappropriate material shall not be placed in the file. An employee shall have the right to submit a written response to any material placed in his/her personnel file. The employee shall have thirty (30) days from receipt of the material to submit the written response. This written response shall then be attached to the appropriate file material and placed in the file.

APPROVED 1991

7-3-3 An employee shall have the right to examine his/her official personnel file during the normal business hours of the office where the file is kept and within twelve (12) business hours of confirmed receipt by the Personnel Office of the request to examine the file. The request shall be made by personal contact, phone contact, or fax transmission. Upon request, an employee may obtain copies of any material in his/her official personnel file. The examination of official personnel file by the employee shall be witnessed by a District designee. The District shall make every reasonable effort to ensure personnel are available on a daily basis to confirm requests.

APPROVED 1991

REVISED 1995

REVISED 1999

7-3-4 An employee may indicate in writing to the principal or superintendent those materials, which the employee considers inappropriate to be retained. The material shall be removed from the file if the Superintendent determines adequate justification is shown for their removal.

APPROVED 1991

REVISED 1995

7-3-5 An admonition, issued to an employee, who within the time granted for improvement has met the standards set for him/her by the Administration who issued the admonition, shall be removed from the records of the employee not later than three (3) years after it is issued.

APPROVED 1991

REVISED 1995

7-3-6 In a specific personnel action no use may be made of any material, which has not been properly placed in the official personnel file.

APPROVED 1991

REVISED 2001

7-3-7 Any written evaluation more than three (3) years old and/or from previous employment outside of the Lyon County School District will not be considered valid in a disciplinary or termination case unless the evaluation has a direct relationship to a present disciplinary or termination case.

APPROVED 1991, REVISED 2001

.4 OTHER

7-4-1 The School trustees will provide liability insurance protection for any teacher who is acting within the limits of his responsibilities.

7-4-2 A teacher may restrain a pupil when it is essential for self-defense or for the protection of other persons or property.

7-4-3 No teacher shall be discharged, dismissed or discriminated against because of any responsible activity with or on the behalf of the Association.

7-4-4 This Agreement shall not be interpreted as providing an all-inclusive statement of the rights and privileges of the teachers and the School Board.

7-4-5 In all instances where there is contact between an administrator and a parent or legal guardian regarding an informal complaint or problem involving a student and a teacher, the teacher must meet, unless other arrangements are made by the Principal, with the administrator and the parent within three (3) working days to cooperatively resolve the problem.

APPROVED 1982

REVISED 2005

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ARTICLE VIII

PROFESSIONAL GRIEVANCE PROCEDURE

8-1-1 A claim by a teacher or the Association that there has been a violation of this Agreement may be processed as a grievance as hereinafter provided.

8-1-2 Good morale is maintained as problems arise by sincere efforts of all persons concerned to work toward constructive solutions in an atmosphere of courtesy and cooperation. The purpose in this procedure is to secure at the lowest possible administrative level, equitable solutions to the problems, which may, from time to time, arise. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

8-1-3 If a grievance exists, the following steps shall be taken to resolve the grievance:

STEP 1

SCHOOL PRINCIPAL

8-1-3 If a potentially grievable matter cannot be resolved with the site administrator, within five (5) school days of the discovery, a formal grievance in writing, stating the grievable matter and the contract article violated, shall be presented to the aggrieved party’s principal, with a copy sent to the Superintendent no later than ten (10) school days after the discovery of the original action which gave cause for the grievance.

Within five (5) school days after the receipt of the formal written grievance the Principal shall discuss the grievance with the aggrieved party with the intent of resolving the matter.

The aggrieved party and/or the Principal may chose to have a representative at the discussion.

The Principal shall answer the grievance in writing within five (5) school days after the grievance discussion. Grievances involving District administration, practices or policies above the site level shall initially be filed at Step II rather than Step I of the grievance procedure.

APPROVED 1995

Step 2

SUPERINTENDENT OF SCHOOLS

If the aggrieved party is not satisfied with the disposition of its grievance at STEP 1, within six (6) days the party may file a written grievance with the Superintendent. The Association agrees to review grievances at STEP 2 if requested by either party.

APPROVED 1985

REVISED 1995

The Superintendent, or other county level administrator, will represent the administration at STEP 2 of the Grievance Procedure. The administration’s representative will meet with the aggrieved party, the aggrieved party’s principal or the appropriate administrator, or both, in an attempt to resolve the grievance.

The aggrieved party and/or the Superintendent may choose to have a representative present at the meeting. Such meeting will take place within ten (10) days after the receipt of the grievance by the Superintendent. The Superintendent shall, within ten (10) days after this meeting, render his decision to the aggrieved party, the principal, or appropriate administrator and the Association.

APPROVED 1985

REVISED 1995

STEP 3

SCHOOL BOARD

If the aggrieved party is not satisfied with the disposition of the grievance in STEP 2 and the Association agrees that the grievance has not been satisfactorily settled then the Association may present the grievance to the Board within six (6) days after the Superintendent answers and the Board, no later than its next regular meeting, will have six (6) days following the meeting to answer the grievance.

APPROVED 1985

REVISED 1995

STEP 4

ARBITRATION

Upon being notified of the School Board’s decision, the Association may request arbitration within six (6) days. The request for arbitration shall be made by delivering to the Superintendent written notice of the intent to arbitrate.

In the event a timely written request for arbitration of an unresolved grievance is made by the Association, the parties shall jointly request the American Arbitration Association to furnish a list of seven (7) arbitrators from which one shall be selected. Such selection shall be accomplished within ten (10) days by the Association and the School District, each striking one (1) name from the list in turn until only one (1) name remains. The Association shall strike first.

APPROVED 1985

The arbitrator shall hear all evidence and arguments on the points in dispute and his/her written decision shall be final and binding upon the parties hereto.

APPROVED 1982

The arbitrator shall not have the authority to modify, amend, alter, add to, or subtract from any provision of this Agreement.

8-1-4 The expenses of arbitration shall be borne equally by the School District and the Association

8-1-5 Time is of the essence in the discharge of grievances and all parties hereto shall comply strictly within the time limitations set forth above.

If the grieving party fails to exhaust the grievance under the grievance procedure within the time limits set, or fails to abide by such procedure, the grievance shall be considered abandoned with prejudice in the absence of express waiver in writing, signed by the opposing parties. If either party fails to meet the time limits set throughout this article including the request for arbitration, the opposing party shall have the right to unilaterally initiate the next grievance step as provided herein, in the absence of express waiver in writing signed by said party. A time limit for any step in the grievance process may be altered if both parties agree.

To insure minimal disruption of the educational process, the Association and District shall make every effort to expedite the setting of arbitration dates. It is agreed the timely resolution of any step of the grievance procedure is in the best interests of both parties.

APPROVED 1982

REVISED 1995

8-1-6 No reprisals of any kind will be taken by the School Trustees or by any member of the administration against any party because of filing a grievance or because they participated in an orderly manner in the grievance procedure on behalf of the grievant and/or the Association.

8-1-7 The limit on discovery shall be one (1) year from the date of the grievable incident.

APPROVED 1995

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ARTICLE IX

INSTRUCTIONAL PROGRAMS

.1 PROFESSIONAL TRAINING

9-1-1 Teachers requested by the District to attend overnight workshops, conferences, activities or training classes outside the District shall be compensated for expenses at the District per diem rate, unless other arrangements have been agreed to by both parties. Teachers who request to be allowed to attend above programs may be compensated by the District.

REVISED 1995

9-1-2 The Association may recommend to the School Board topics for workshops, conferences and programs designed for teachers.

9-1-3 The Association may also recommend to the School Board topics for after school courses, workshops, conferences and programs designed to improve the quality of instruction.

9-1-4 Insofar as possible, curriculum workshop and district-wide in-service training programs, which require teacher attendance, shall be jointly developed by teachers and administrators.

9-1-5 Every teacher shall be encouraged by the Association and the Administration to participate in curriculum revision committees during the school year. Arrangements for these curriculum revision committee meetings shall be made by the Administration and the teachers.

9-1-6 A teacher who agrees to accept a new position in an innovative program may be required to attend additional training. When an employee currently in a position or reassigned by the District to a position is required by the District to obtain additional training, the District shall cover all training expenses. Also, the employee shall be paid equal to that in 9-1-1 for training he/she must attend outside of the regular workday. Unless the District gives written prior approval, the employee may not use credits earned through such training for movement on the salary schedule if the District paid any training costs. Such costs would include, but not be limited to, registration fees, travel, sub pay, payment to attend or compensated release time.

REVISED 1995

REVISED 1999

9-1-7 The Association and the Administration encourages all teachers to join the professional organization in the subject area in which he/she teaches as a means of enhancing knowledge of the subject and of improving instruction in the subject.

.2 SUPPLIES AND TEXTBOOKS

9-2-1 The School Board recognizes that appropriate texts, library reference facilities, maps and globes, laboratory equipment, current periodicals, art supplies, music supplies, athletic equipment and similar materials are tools of the teaching profession. The parties will confer from time to time for the purpose of improving the selection and use of such educational tools. The principals will inform the teacher or department of the disposition of their requests.

9-2-2 The School Board agrees to provide sufficient textbooks to insure each student will have a copy of the adopted text for classroom use and that sufficient texts will also be available for checkout.

APPROVED 1981

REVISED 1995

9-2-3 The Association reserves the right to file objections about recommended textbook changes to the Administration. Such objections can only be filed upon the written request of any teacher affected by the change.

9-2-4 Selection of textbooks shall recognize need as well as rotational purchase program.

.3 EXPERIMENTATION AND INNOVATION

9-3-1 The School Board and the Association recognize the need for experimentation and innovation in educational programs. New techniques in staffing and scheduling may involve changes in the length and number of class periods taught and the number of students assigned to a given class. Teachers and the Administration may cooperate in the mutual development and implementation of such innovative programs.

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ARTICLE X

POSITIONS

.1 VACANCIES

10-1-1 A vacancy is any position previously held by a licensed employee or newly created by the Board of Trustees. During the school year, all vacancies shall be posted in each school and the District Office at least seven (7) days before the final date for submitting applications. Notices shall also be mailed or faxed to the Lyon County Education Association President. During the summer months, all vacancies shall be posted at the District Office with copies to the Association President. All vacancies shall be posted on the District’s website