PREAMBLE

THIS AGREEMENT IS MADE AND ENTERED INTO this ___ day of __________, _____, by and between the Board of Education of the School District of Plainview in the county of Pierce in the State of Nebraska (hereinafter referred to as the "Board" or "District" as the context may require) and the Plainview Professional Education Association (hereinafter referred to as the "Association").

PROCEDURES FOR CONDUCTING NEGOTIATIONS

A. Negotiations Team - Each negotiations team shall consist of one spokesperson. Each negotiating team may also elect to allow up to four additional observers and consultants at any negotiating session.

B. Opening Negotiations - The request of the Association to meet and confer, specifying the areas to be discussed for the next contractual year, shall be submitted in writing by the Association to the Superintendent of Schools and the President of the Board of Education on or before January 1 in any given school year. A list of all association members must be attached to said request. All specific initial proposals from the Association on items which the Board has agreed to negotiate on shall be submitted in detail in writing to the Board's negotiating team at the first formal negotiating session. The provisions of Nebraska State Law Sec. 79-1292 will prevail regarding the time elements which must be adhered to by both negotiating parties.

C. Negotiations Procedure - Designated representative(s) of the Board shall meet at an agreed upon place and time with representatives of the Association for the purpose of effecting a free exchange of facts, opinions, proposals and counterproposals in an effort to reach an understanding and agreement. Following the initial meeting on any matter (to be set as described above), such additional meetings shall be held as the parties may require to reach an understanding on the issue(s) or until an impasse is reached. Meetings shall not exceed one (1) hour, including caucus time, and shall be held at a time other than the regular school day. Each negotiating team may request a caucus at any time during the negotiating session. No tape recorders are to be allowed and one set of mutual minutes signed by each spokesperson will be used as the official minutes. (Refer to Nebraska State Law Section 79-1294). Robert's Rules of Order, Revised, will be the basis for conducting the negotiation meetings unless specific procedures to the contrary are outlined in this document.

D. Attendance at Sessions - All negotiation sessions shall be considered to be executive sessions and shall be closed to the press and the public.

E. Reaching Agreement - Tentative agreements reached by the negotiating teams shall be reduced to writing and submitted first to the Association for approval. Following approval by a majority of the Association membership, the agreement shall then be submitted to the Board. The Board will consider the agreement and the approval of it shall be valid and binding only if negotiations and/or litigation's have been completed and no tentative agreement will be official or any item in effect unless and until the Board has ratified a complete agreement. Following Board approval such action as is necessary will be taken to effectuate the agreement.

F. Resolving differences - The provisions of Nebraska State Law Sec 79-1293 shall be followed in an attempt to resolve any differences which may result from negotiations. The Board and the Association will each pay fees and expenses for their fact-finding representative, and the fees and expenses for the third member of the fact-finding group shall be borne equally by the two parties.

ARTICLE I

Recognition

The Board recognizes the Association as the exclusive and sole collective bargaining representative for all teachers employed by the District.

Teacher shall mean all certificated teaching personnel and other professional personnel employed by the District.

ARTICLE II

Teacher Rights

A. Nothing contained in this Agreement shall be construed to deny any teacher those rights provided under Nebraska law or other applicable laws and regulations. Rights granted to teachers herein shall be deemed to be in addition to those provided elsewhere.

B. The Board will not discriminate against any teacher with respect to terms and conditions of employment by reason of membership in the Association and its affiliates, participation in collective negotiations with the Board, or institution of a grievance under the terms of this Agreement.

ARTICLE III

Association Rights

A. Payroll Deduction of Dues

The Board agrees to deduct from the salaries of the teachers dues for the Nebraska State Education Association and the National Education Association or any one of a combination of such organizations as said teachers individually and voluntarily authorize the Board to deduct.

B. Subcontracting

The duties of any bargaining unit employee or the responsibilities of any position in the bargaining unit shall not be contracted out to persons not covered by this agreement without the prior written agreement of the Association.

ARTICLE IV

Grievance Procedure

A. Definition of Terms

Grievance: Any claim or claims by a teacher, a group of teachers, or the Association, hereafter referred to as the PPEA, that conditions exist which adversely affect terms and conditions of employment or a claim that there has been a violation, misinterpretation, or misapplication of policy, regulations, or contract language.

Grievant: Teacher, group of teachers, or the PPEA making the claim as provided in the paragraph above.

The grievance shall be initially filed at the level where the decision resulting in the grievance was made.

B. Procedures

Level 1: A teacher, group of teachers, or the PPEA who feel they have a grievance should first orally communicate with the administrator to whom they are directly responsible in an effort to resolve the problem. This oral communication must take place within 10 calendar days after the alleged grievance occurred.

Level 2: If the grievance has not been solved at Level 1, the teacher or group of teachers who are members of the PPEA shall set out their grievance in writing and report this alleged grievance to the Professional Rights and Responsibilities Committee of the PPEA and ask this committee to consider the merits of the alleged grievance. This request to the PR&R Committee shall be made within 15 calendar days after the alleged grievance occurred. This committee will meet and act upon such request within 10 calendar days after such action has been requested. If the PR&R Committee does not feel the complaint has merit, it shall indicate this to the complainants, who may continue to press their grievance through the remaining levels with or without the support of the PPEA. If the teacher or group of teachers are not members of the PPEA they may skip Level 2 and register their grievance directly in Level 3. A complete report of the attempts to settle the grievance at each level must be written out and signed by all parties involved and presented to the next level before the grievance will be considered at that level.

Level 3: If the PR&R Committee feels that the grievance as presented to them has merit, and if the teacher, group of teachers, or the PPEA involved requests their participation and assistance, the PR&R Committee may make available the services of one of its members to appear with the grievant or grievants at each step in the grievance procedure. If a PR&R Committee member is to accompany the grievant or grievants, a written notification shall be given to the administrator involved. At least five calendar days prior to the conflicts, the administrator may have the option of selecting another member of the administrative staff to assist him at each level of the grievance procedure. The grievant or grievants shall, in 15 calendar days from the alleged grievance or the action by the PR&R Committee, whichever comes later, request a conference with his/her building administrator and shall submit the details of the alleged grievance in writing to this/her building administrator. A staff member who is no t a member of the PPEA must submit his/her grievance in writing to the bu8lding administrator within 15 calendar days after the occurrence of the alleged grievance.

Level 4: If the grievance is not settled at Level 3 within 10 calendar days, the teacher, group of teachers, or the PPEA may submit a written request within 5 calendar days for a joint conference with the building administrator and the Superintendent of schools.

Level 5: If the grievance is not solved at Level 4 within 10 calendar days, the aggrieved teacher, group of teachers, or the PPEA may submit a written request within 5 calendar days to the Superintendent of schools for a meeting with the Board of Education to be held within 30 calendar days. Such a request will be granted if the teacher, a group of teachers, or the PPEA follow the steps outlined herein.

Level 6: The Board of Education will consider a grievance presented at the completion of Level 5 and the steps outlined herein and will render a decision within 30 calendar days. The decision by the Board of Education will be the final decision in the grievance procedure and will be binding on all parties.

ARTICLE V

Salary

A. Salary Schedule

The salary of each teacher covered by this Agreement shall be determined by the salary schedule. Teachers shall be paid on the 20^th of the month.

B. Initial Placement

When hired, teachers shall be credited with five (5) years teaching experience and placed on the schedule according to their degree level.

C. Base Salary

The base salary shall be $24,100.

D. Horizontal Movement

Only teachers compensated on the BA+36 or BA+45 lane during the 1989-1990 school year will be eligible to be paid on the BA+45 lane for 1990-1991 and years thereafter. Teachers receiving additional college credit to be applied toward an increase in salary must present written proof of the credits earned to the Superintendent on or before August 25th of the contract year to receive an adjustment in the current contract. All hours beyond the Bachelor's degree are subject to Board policy #4141.

E. Vertical Movement

Teachers shall be placed on the proper vertical step in accordance with their experience in the district plus credited prior teaching experience.

F. Extra Duty

Where a contractual agreement has been reached between an individual teacher and the district relating to the performance of extra curricular duties, the salary shall be in accordance with the provisions of the extra duty/extra curricular salary schedule.

G. Extended Contracts

Where a contractual agreement has been reached between an individual teacher and the district relating to employment beyond the annual employment periods the salary for that extended contract shall be a prorata extension of that teacher's daily rate of pay for the annual employment period, 1/184th of teacher's salary.

H. Class Cover Substitute

Compensation for class cover as a substitute on a non-emergency basis will be $9 per hour. This also applies to elementary teachers who miss their plan period. The superintendent will determine which situations qualify for extra pay. Compensation forms will be filled out by building secretaries or administrators prior to covering a class and signed by teacher and administrator at the time of the request.

I. Pay for Activity Events

The amount of pay for each activity event worked will be $15.

J. Pay for National Board Certification

For those teachers who obtain national board certification, that teacher will paid according to the extra duty salary schedule.

K. Pay for Long-Distance Learning Classes

For those teachers who are involved with long-distance learning, they will be compensated per long-distance class taught according to the extra duty salary schedule.

L. School Board/Employee Expenses

It shall be the policy of Plainview Public Schools to permit and to authorize elected and appointed officials, employees, or volunteers of the District to incur and be reimbursed for certain expenses authorized by law for travel to and from and attendance at educational workshops, conferences, training programs, official functions, hearings or meetings subject to the following:

1. This policy pertains to officials, employees and volunteers performing services under the supervision and at the direction of the District. This policy shall not pertain to employees incurring mileage expense during the regular course and scope of employment if such mileage is governed by other Board policy or contracts, a collective bargaining agreement, or an order from the Commission of Industrial Relations or other tribunal.

2. Mileage reimbursement rates will be set by the Board and will not exceed the rate provided in Section I, NE Statute 81-1176.

3. The superintendent or designee has approved travel and attendance to such events.

Authorized expenses may include: registration costs, tuition costs, fees or charges and mileage for the use of an individuals personal vehicle, or actual travel expense if travel is authorized by commercial or charter means, meals and lodging at a rate not exceeding the applicable federal rate unless an itemized claim for actual costs is submitted. In no event shall a claim be submitted or approved for any alcoholic beverages.

The Board may authorize one recognition dinner per year at a maximum cost per person not to exceed twenty-five (25) dollars. Following a public hearing the Board will set a dollar limit of one hundred dollars on the value of any plaque, certificate of achievement or item of value to be awarded any official, employee or volunteer. Once established this amount shall not be amended or altered more than once in any twelve month period.

Nothing in the Local Government Miscellaneous Expenditure Act or this policy shall authorize the expenditure of public funds to pay any expenses incurred by a spouse of an official, employee or volunteer unless the spouse is also an elected or appointed official, employee or volunteer of the District.

M. Early Retirement Incentive Pay

The purpose of this early retirement incentive is for the employee and the district to receive a financial benefit when someone takes early retirement. A current certificated employee must be at least 55 years old and have spent fifteen years of employment with the Plainview School District. Part-time employees will have their benefit prorated on the basis of their contractual work time. An eligible employee who elects this option must notify the superintendent in writing on or before April 15 of the year he/she will retire by August 31. An eligible employee will receive a benefit of $6,000 per year for a maximum of five (5) years. The benefit will cease when the employee is eligible for full social security benefits. This is currently age 65. Payments will begin in January the year following retirement and continue for five years or until the person reaches full social security age. The $6,000 will be paid on January 20. The appropriate state and federal taxes will be withheld from these payments.

REQUEST FOR EARLY RETIREMENT INCENTIVE PAY

To: Plainview Public Schools

I hereby give notice of my intent to retire at the end of this contract year (on or before August 31). I am applying for benefits under the early retirement incentive policy. I am currently employed by Plainview Public Schools and my birth date is ________________.

Date: _______________

_________________________________

Signature

Name: ___________________________

Address: _________________________

You are eligible and approved to receive the following payment(s):

________________________________________________________________________

Date: _______________

_________________________________

Superintendent

ARTICLE VI

Insurance and Annuities

A. Health Insurance

The Board shall provide NSEA Blue Cross/Blue Shield Blue health and dental insurance, Option Blue Preferred, $100 deductible single health/single dental or family health/single dental. The Board shall pay the full premium for each teacher and in cases where appropriate for dependent insurance coverage.

B. Disability Insurance

The Board shall provide long-term disability insurance for each teacher covered by this Agreement. Benefits shall be payable upon the exhaustion of earned sick leave plus two (2) days at 66 2/3 % (percent) of annual contractual salary plus fringe benefits. Benefit payments shall continue to age seventy-two (72) or until termination of disability, whichever occurs first.

C. IRS 125 Plan

Each teacher covered by this agreement shall have the option of participating in an IRS Section 125 Flexible Benefit Plan. The administration and participation costs of this benefit shall be paid for by the Board of Education. This fund will be administered according to the law. All payroll deductions will be deposited into the proper bank account in a timely fashion.

ARTICLE VII

Terms of Employment

A Teacher's Contract

Upon initial employment, the teaching contract issued to employees subject to this Agreement shall be on a contract form recommended by the Commissioner of Education. The length of the contract shall be 184 days.

B. Release from Contract

Teachers who wish to be released from their contract shall be released therefrom upon written request filed with the Superintendent of Schools. All resignations will be presented to the Board for final acceptance or rejection. There shall be no penalty for release from a contract.

C. Part-Time

Part-time and job-sharing employees will receive a salary and fringe benefits as provided for elsewhere in this agreement. Salary Schedule advancement for experience shall be credited at the rate of one year of experience for each year of employment.

D. Normal Work Day

The normal workday for bargaining unit teachers shall be 8 hours to be scheduled between the hours of 8 a.m. and 4 p.m.

E. Elementary Planning Time

Elementary school teachers will have one (1) full day of planning time, free of scheduled meetings, at the end of each quarter for manual reporting of grades.

F. Reduction in Force

When the Board of Education deems that budget considerations, declining enrollment, or reduction or discontinuation of a particular service requires a reduction in the number of teachers of administrators to be employed at the beginning of the following year, the Board may amend/terminate the contract of an employee at the close of the school year provided that the following provisions shall apply:

1. On or before March 15 of any school year the Superintendent shall recommend to the Board of Education those grades, areas, or programs where fewer employees are needed or where programs should be discontinued.

2. The school district shall attempt to absorb reductions in a building, department, or program through normal attrition due to resignations, retirement, leaves of absence and/or alternate assignments.

3. No probationary teacher will be retained to render a service which a tenured teacher is qualified by reason of certification and endorsement to perform.

4. When tenured teachers are considered for reduction the following criteria will be applied to determine which teacher will be considered for reduction. Each employee will be given an accumulative point total based upon the points and categories listed below. That employee with the smallest point total will be reduced first.

a. Special Training/Skills/Endorsements: (15 points maximum)

1. Additional Endorsements - 1 - 4 points

2. Additional course work in teaching area - 1 - 4 points

3. Special workshops that enhance teaching - 1 - 4 points

4. Strength of program in place, e.g. drama, music, gifted, etc. - 1 - 4 points

b. Contributions to the extracurricular program: (15 points maximum)

1. Head Coach (All sports) 5 points each

2. Assistant Coaches, Annual Declam, Summer Music

Summer guidance, computer coordinator 4 points each

3. Jr. High & 9th grade BB, Cheerleading, One Acts,

Athletic Director, Vocal & Instrumental Music 3 points each

4. All other positions on extracurricular schedule 2 points each

c. Length of Service in the District: (15 points maximum)

One point for each year as a full time teacher in district. Part-time teaching will be prorated accordingly.

5. Any employee who is to be terminated to effect a reduction in force shall have the rights for notification and hearing as provided in Nebraska statutes. Any employee so terminated shall be considered to have been dismissed with honor and shall, upon request, be provided a letter to that effect. The terminated teacher will also have 24 month recall rights as provided in statute.

6. An employee under contract with another school district may waive recall but such waiver shall not deprive the employee of his or her right to subsequent recall.

7. If the reduction of an employee, based upon the provisions of this policy, would place the district in non-compliance of any federal or state law or regulations requiring affirmative action employment practices, the district may vary from these provisions as necessary to comply with such laws or regulations.

8. The Board of Education will not change this policy without consulting the PPEA.

ARTICLE VIII

Leaves

A. Sick Leave

At the beginning of each school year each teacher shall be credited with eight (8) days paid sick leave allowance. The unused portion of such allowance shall be accumulated from year to year up to 45 days. Staff may use up to eight (8) sick leave days in any year for family illness or death. Family is defined as siblings, children and parents of the staff member or his/her spouse. The Board shall furnish to each teacher a written statement at the beginning of each school year setting forth the total of sick leave credit.

B. Personal Leave

Each teacher is granted 2 (two) days of paid personal leave each year. Beginning in 1995-1996, any teacher having two days unused at year's end, will be allowed three (3) days personal leave the following year. Personal leave may not be taken the day before or after a vacation. For purposes of this policy, vacations are defined as Thanksgiving, Christmas, Easter, and summer vacation. Any personal leave requested during the month of May will only be granted, with reason, at the discretion of the administration. Personal leave requests are to be in 48 hours prior to the requested leave date, except in cases of emergency, and the administration may not allow more than three (3) teachers personal leave on any given day.

C. Professional Leave

Each staff member is granted two (2) days of professional leave per year not to accumulate from year to year. The granting of professional leave is subject to administrative approval.

D. Bereavement/Funeral Leave

Each staff member is granted one day of funeral leave per year not to accumulate from year to year. Such leave shall not be used for any other purpose than attendance at funerals or wakes.

E. Jury Duty Leave

When a staff member is ordered to report for jury duty, full salary will be granted to said staff member. The compensation a staff member receives shall be reimbursed to the school except expense reimbursement.

ARTICLE IX

Personnel File

A. File

Any teacher shall have the right, upon request, to review the contents of their personnel file(s) and to receive copies at Board expense of any documents contained therein.

B. Derogatory Material

No material derogatory to a teacher's conduct, service, character, performance or personality shall be placed in the teacher's personnel file unless the teacher has been provided a copy and had the prior opportunity to review the material. The teacher shall acknowledge that they had the opportunity to review such material by affixing their signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher shall also have the right to submit a written answer to such material and their answer shall be reviewed by the superintendent or the superintendent's designee and attached to the file copy.

C. No Separate Files

Although the Board agrees to protect the confidentiality of personal reference, academic credentials and other similar personnel records, it shall not establish any separate personnel file(s) that is not available for the teacher's inspection.

ARTICLE X

Patron Complaints

A. Purpose

This procedure is adopted to encourage the prompt resolution of concerns that patrons may have about the job performance of a faculty member in a manner consistent with fairness to both the patron and to the faculty member.

For consistency, all complaints regarding the job performance of any faculty member shall be handled according to the procedure outlined below. Any school employee or board of education member approached with a complaint against a faculty member shall inform the person/s making the complaint of the proper method for registering a complaint. Complaints not filed in accordance with the procedure below shall not be recorded, acted upon, or in any other way given recognition by the School District.

Prior to filing a written complaint against a faculty member, the patron is encouraged to attempt to resolve the matter informally with the faculty member.

B. Procedure

1. A complaint against a faculty member shall be in writing on the Patron Complaint Form, shall be signed by the complaining party, and shall specify the details of the complaint and include all supporting evidence of which the complainant is aware.

2. Complaints against a faculty member shall be filed with the administrator who supervises that faculty member.

3. Upon receipt of a signed complaint, the administrator shall meet with the faculty member. Prior to the meeting, the faculty member shall be provided a copy of the written complaint and shall acknowledge receipt of the complaint. At the meeting, the faculty member shall be allowed the opportunity to discuss the complaint and his or her response to it. The faculty member shall be allowed to have an association representative at the meeting.

4. Prior to any action being taken on the complaint, the faculty member shall be given the opportunity to submit a written response on the Patron Complaint Form. In addition, the faculty member shall have the right to request a meeting with the complaining party and the appropriate administrator/s. If such a meeting is agreed to, the faculty member shall have the right to have an association representative present at the meeting.

5. If, after investigation, the administration determines to take any kind of disciplinary action against the faculty member, including placing the Patron Complaint Form in the faculty member's personnel file, the faculty member shall be notified in writing of the intended action and the reasons therefore.

6. Upon receipt of a notice of possible disciplinary action resulting from a patron complaint, the faculty member shall have seven (7) calendar days in which to request an informal hearing before the board of education at which the faculty member shall have the opportunity to ask questions of the complainant and the administration and to present a defense. The faculty member shall have access to this hearing procedure in instances not covered by the Nebraska Continuing Contract Law, Section 79-12, 107 through 79-12, 121 NRS. In instances covered by this law, the provisions of the law regarding hearing rights shall be followed. No disciplinary action shall be taken until the faculty member has either exhausted or waived any hearing rights in the matter.

7. Each faculty member, upon employment and at the beginning of each school year, shall be informed of the Patron Complaint Procedure.

PATRON COMPLAINT FORM

Date:__________________

Complainant Name: _______________________________________________________

Address: ________________________________________________________________

Home Phone: ____________________________________________________________

Business Phone: __________________________________________________________

Name of Person Complained Against: _________________________________________

Date of Action Causing Complaint: ___________________________________________

Complaint: (Attach additional sheets as necessary)

Supportive Evidence and/or Witnesses: (Attach copies of materials, if necessary)