Contract Between

THE TRI-CREEK SCHOOL CORPORATION BOARD OF SCHOOL TRUSTEES

And

THE TRI-CREEK TEACHERS ORGANIZATION An Affiliate of

THE INDIANA STATE TEACHERS ASSOCIATION

And

THE NA TIONAL EDUCATION ASSOCIATION

Effective January 12009 through June 30 2014

TABLE OF CONTENTS

I RECOGNITION 1 A Parties1 B Bargaining Unit 1 C Recognition 1 D Board Rights 1

II ORGANIZATION RIGHTS 1 A Use of Facilities 1 B Organization Business 1 C Permission to Use Equipment 1 D Bulletin Boards 2 E Inter-School Mail Service 2 F Organization Procedures 2 G TCTO Officials Board Meeting Agendas and Opening Day Agenda 2

III GRIEVANCE PROCEDURE 3 A Definitions3 B Purpose3 C Informal LeveL 3 D Formal Level One 3 E Formal Level Two 3 F Formal Level Three 4 G General Provisions 5

N EVALUATION 6 A Administration Responsibility 6 B Notice 6 C Instrument 6 D Observation 6 E Self-Evaluation 6 F Written evaluations shall be based upon and preceded by observations 6 G Number of Evaluations 7 H Conference Instrument 7 I Documentation7 J Professional Development Model 7 K Modifications 8 L Due Process Rights 8 M Test Scores 8

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS 8 A Definitions8 B Reductions in Force 9 C Chronology10 D General 11

VI TEACHERS HOURS 11 A Definitions 11 B Regular Teaching Day 11 C Length of the Teacher Day 12 D Faculty Meetings 12 E School year 12 F After School 12 G ECA Participation 12 H Closings12 I Preparation Time 12 J Substitutes 13 K Open House I Back-to-School Nights l3

VII TEACHING LOAD 13 A Maximums 13 B Team Teaching I Double Classes 13 C Emergencies 13

VIII TEACHING CONDITIONS 13 A Keys 13 B Lunchroom 13 C Construction 14 D Telephones 14 E Recess 14 F Least Restrictive Environment 14

IX SUMMER SCHOOL AND NIGHT SCHOOL 14 A Posting 14 B Staffing 14 C Staffing Criteria 15 D Contracting 15 E Leaves 15

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT 15 A College Attendance 15 B Attendance at Professional Meetings or Educational Seminars 16 C Mileage 16

XI DISCIPLINARY PROCEDlTRES 16 A Student Discipline 16 B AssaultlLiability16

XII ACADEMIC FREEDOM 17 A Traditions Freedoms and Values 17 B Application 17 C Professionalism 17 D Classroom 17

XIII RETIREMENT FUNDED AND UNFUNDED 17 A Effective Data Census Class and Liquidation of Benefits 17 B Liquidation and Vesting Requirements 18 C Tax Vehicles Carve-Out Option Option Group 20 D IRS Code Section 403(b) Matching Annuity and Custodial Mutual Funds Plan

and Section 401 (a) Plan 25 E VEBA for Active Teachers for Use During Retirement 27

XIV COMPENSATION AND FAIR SHARE 28 A Automobile Reimbursement 28 B Previous Experience 28 C Payroll Procedures 28 D Organization Dues 30 E Lane Changes 30 F Leave Without Pay 31 G Homebound Instruction 31

XV COMPENSABLE LEAVES 31 A Sick Leave 31 B Bereavement Leave 32 C Leave for Illness in Family32 D Personal Leave 32 E Jury Duty 33 F Maternity Leave 33 G Organization Leave 34 H Benefit Proration During Disability and Maternity Leave 34 I Family Medical Leave Act 34

XVI NON-COMPENSABLE LEAVES 35 A Service in Peace Corps Foreign Exchange Teaching Program Exchange

Teaching or Similar Government Programs 35 B Campaigning or Serving in Public Office 35 C Study or Special Teaching 35 D Personal Illness Personal Disability or Illness in the Immediate Family 36 E General Provisions for Non-Compensable Leaves 36

XVII MID-CONTRACT LANGUAGE ALTERATIONS BY CONTRACT MAINTENANCE COMMITTEE (CMC) 36

XVIII EFFECT OF THE CONTRACT 39 A Tenn of the Contract 39 B Zipper Clause 39 C Effect of the Contract 39 D Severability 39 E Coverage 39 F Execution and Effective Date 40

APPENDIX A 41 Salary Schedule Extra-Duty Pay and Fringe Benefits for the Tenn of the Contract 41 A Salary Schedule 42 B Extra-Duty Pay Schedule 44 C Insurances49

APPENDIX B 51 Grievance Fonns 52 A Submission of Grievance Fonn 52 B Disposition of Grievance Fonn 53

APPENDIX C 54 Certification Renewal Units (CRUs) 55 A Certification Renewal Units (CRUs) 55

APPENDIX D 56 Family Illness Leave Loan Bank Application 57

APPENDIX E 58 Unfunded Retirement Liabilities 59 Supplemental S 199 Funding 59

Contract Btween Tri-Ck School Corpontion and Tri-Ck T ch Organization Effective January 12009

I RECOGNITION

A Parties

This contract is by and between the Tri-Creek Board of School Trustees of TrishyCreek School Corporation (Board or the School Corporation) and the TrishyCreek Teachers Organization an affiliate of the Indiana State Teachers Association and the National Education Association (Organization or TCTO)

B Bargaining Unit

The bargaining unit shall mean all certified school employees as defined by Ie 20-29-1-1 et seq except for the superintendent assistant superintendents director of operations director of instruction principals assistant principals athletic director and full-time administrators with corporation-wide responsibilities_

C Recognition

The Board recognizes the Organization as the exclusive representative for certified school employees in the bargaining unit in accordance with IC 20-29-1shy1 et seq

D Board Rights

The Organization recognizes that except as specifically limited by the agreements in this contract the Board has the responsibility and the authority to manage and direct in behalf of the public the operation and activities of the school corporation to the full extent authorized by law

II ORGANIZATION RIGHTS

A Use of Facilities

The Organization will be permitted to use school facilities for meetings The Organization will follow the normal scheduling procedures for the use of the facilities in each building

B Organization Business

Representatives of the Organization may transact official Organization business on school property

1 If the business interferes with normal school operations approval of the principal must be obtained

2 The Organization shall notifY building principals of all building representatives in a timely fashion

C Permission to Use Equipment

1 The Organization will be permitted to use the schools office audio-visual equipment document production and imaging equipment computers and ancillary equipment school Internet access and the school corporation e-mail system As technology advances Organization access to new equipment or new systems will need to be arranged with each building principal The Organization will comply with Board policy and building procedures in the use of technology

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Controct Between Tri-Ck School Corpo tion and Tri-Ck Tuch Organization ElFetlive January 12009

2 Notice of use shall be given to the principal

3 The Organization shall use said equipment only when such equipment is not otherwise in use

4 The Organization assumes fair responsibility for damage to said equipment while representatives are using it The building representative will see that teachers who operate the equipment for the Organization are fully qualified to do so

5 The Organization shall supply all consumable materials it uses adhering to the standards outlined by the machine manufacturers

6 Service employees will not be used during their normal working hours for Organization business unless as a part of Board policy or school procedure

7 The Organization shall have reasonable access to the school corporation telephone equipment Access to telephone equipment shall be limited to local calls 800 numbers and credit card calls

D Bulletin Boards

Each school shall provide space on a teachers bulletin board for Organization announcements

E Inter-School Mail Service

1 The Organization may use the inter-school mail service which originates in the Tri-Creek School Corporation office

2 The Organization may use the teachers mailboxes in the individual buildings in Tri-Creek School Corporation

F Organization Procedures

1 No teacher will be discriminated against in regard to hours wages or terms and conditions of employment because of hisher participation in Organization activities as covered in IC 20-29-1-1 et seq

2 Upon request of the Organization president the Board shall provide to the Organization information relevant to salary and fringe benefits grievance processing under this contract and the names telephone numbers except declared unlisted numbers and addresses of all members of the bargaining unit

G TCTO Officials Board Meeting Agendas and Opening Day Agenda

1 The school employer shall continue the current practice of providing agendas of school board meetings to TCTO officials during the school year including mailing a copy of the agendas to the TCTO president(s) during the summer break

2 Prior to the beginning of the school year the Organization shall notifY the superintendent of the names and titles of Organization officials

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Conlrbullbullt Between Tri-Cruk School Corporation and Tri-Cruk Teachen Organization Errective January I ZOO9

3 The Organization shall be allowed to be on the agenda for any first-day mass meeting of Tri-Creek School Corporation teachers

III GRIEVANCE PROCEDURE

A Definitions

1 This Grievance Procedure (Procedure) stipulates the conditions under and procedures by which grievances alleged by members of the bargaining unit shall be processed

2 A grievance is a claim of an alleged violation misinterpretation or misapplication ofan article section or clause of this contract with the exception of the Article XVII process and resulting contract changes

3 A grievant is a teacher group of teachers or the Organization having a claim

S Purpose

The purpose of this Procedure is to secure at the lowest possible administrative level an equitable solution to grievances which may arise from time to time

C Informal Level

1 An informal meeting between the building principal and the involved teacher will be held prior to the filing of a formal grievance in an attempt to resolve the problem

2 If two or more teachers from the same building plan to sign the same claim a representative will be selected from the group to hold the informal meeting with the building principal

3 A teacher may discuss the alleged grievance with the building principal and may have an Organization representative with himlher at the meeting In the latter case the principal shall receive prior notice and may have another administrator attend the meeting to be held at a mutually agreed time

D Formal Level One

1 A grievant shall file the alleged grievance in writing with the building principal within twenty (20) school days of the time the teacher knew or reasonably should have known of the event which gave rise to the alleged grievance The grievance form shall be handed to the principal or his designee in person (See Appendix B)

2 Within seven (7) school days after receipt of the grievance form the principal will render a decision

E Formal Level Two

I If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within seven (7) school days the grievant shall file the grievance with the superintendent or hislher designee within seven (7) school days after the receipt of the disposition at Formal Level One

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Conlnllletwetn Tri-Ck Shool Corporation and Tri-Creek Teahen Organization Elfedive January I 2009

The grievance form shall be handed to the superintendent or hislher designee in person

2 Within eight (8) school days after receipt of the grievance form the superintendent will meet with the grievant in an effort to resolve the alleged grievance

3 Within seven (7) school days from the meeting with the grievant the superintendent will render a decision

F Formal Level Three

1 The Organization shall serve written notice to the superintendent of its intent to arbitrate by submitting a copy of its Request for Arbitration Panel from the Federal Mediation and Conciliation Service (FMCS) within fifteen (15) work days after receiving the Formal Level Two answer The Board recognizes the right of the Organization to initiate a request for a panel submission and that FMCS is authorized to provide the panel upon the request provided however that the school corporation does not waive its right to argue a subject matter is outside the scope of the grievance procedure

Following submission of a panel of arbitrators to each party by the FMCS a representative of each party shall within five (5) days of receipt of the panel cross off the names of any arbitrators who are unacceptable and number the names of those remaining in order of preference with one being the first choice two being the second choice and so on down the line Within seven (7) days of receipt of the panel from FMCS the two representatives shall confer either in person or by phone for the purpose of selecting the arbitrator The arbitrators whose names have been crossed out by either party shall not be appointed The numerical ratings of the remaining arbitrators shall be added together with the arbitrator who will hear the case unless that arbitrator disqualifies himselflherself In this event the arbitrator with the next lower total numerical rating will be requested to hear the case This procedure shall be followed until an arbitrator is selected

The conduct of all proceedings shall be in accord with the code of Professional Responsibility for Arbitrators of Labor-Management Disputes as adopted by the National Academy of Arbitrators the American Arbitration Association and the FMCS

2 Arbitration Provisions

a The arbitrator shall have no power to rule on the termination of services or failure to re-employ any school employee to a position on the extra-duty pay schedule

b The arbitrator shall have no power to make any decision or recommendation inconsistent with the law or the terms and conditions of this contract

c The arbitrator shall have no power to alter add to or subtract from

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Contract Between Tri-C k School Corporation ADd Tri-Ck Teachn Organization Effective January 12009

the terms of this contract

d Both parties shall share equally in the cost of the arbitrators personal fees and hislher expenses

G General Provisions

1 The grievant will indicate on the grievance form the article section or clause ofthe contract alleged to be violated misinterpreted or misapplied

2 A grievance may be withdrawn at any time by a written statement by the grievant to the Organization building principal and superintendent

3 In the event a grievance is filed after May 15 every effort will be made to process the grievance at Formal Level One within five (5) school days If the grievance cannot be resolved within five (5) school days then it will be processed to the next level

4 In the event any grievance is processed following the regular school year all reference to school days shall be construed to mean week days

5 The grievant the Organization the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level Decisions rendered at Formal Level One and Two of this Procedure shall be in writing

6 All documents communications and records dealing with grievances shall be filed separately from personnel files

7 Forms to be used in the grievance procedure shall be provided by the superintendent and the Organization copies of which are attached to this contract (See Appendix B)

8 The Organization shall be given the opportunity to be represented at all steps of the grievance procedure beyond the Informal Level

9 The number of days indicated at each level will be considered as maximum The time limits may be extended by mutual and written agreement of the parties

10 All proceedings shall be kept as confidential as possible

11 Any grievance filed at Formal Level One before the expiration date of this contract shall be processed to resolution under this procedure and terms of this contract

12 In the event that an arbitrator sustains a grievance alleging underpayment of salary the arbitrator shall have the authority to award back pay for up to 24 months prior to the date the grievance was filed

13 At each level of the grievance procedure an Organization representative and one additional witness for each party will be allowed to be present If the Organization representative and witness are present during the work day it shall be without loss of pay In the alternative the grievance meeting may be scheduled before or after the school day however the

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Conttlld Btw Tri-Cruk School Corpotlltion and Tri-Cruk Teachbull Organization Effectiv January 12009

Organization may request a continuance of the meeting if an Organization representative is not available

IV EVALUATION

A Administration Responsibility

The evaluation of the work of all teachers IS the responsibility of the administration

B Notice

All teachers shall be informed about the evaluation procedure and instruments used within the first two (2) weeks of the school year or during the orientation period for new teachers The school administration will inform the teacher of the administrator who will be designated as evaluator or in the case of multi-building assignment the names of the evaluators An evaluator may be substituted for cause giving two (2) weeks notice to the teacher

C Instrument

During the time period in B above a blank copy of the appropriate evaluation instrument will be given to each new teacher and to all teachers if the instrument has been revised

D Observation

Informal and formal observations of teacher performance shall be conducted with the knowledge of the teacher Teachers shall be given notice of one formal observation no later than the day before the observation occurs

E Self-Evaluation

1 Prior to the administrative evaluation each teacher may be presented a self-evaluation device to complete and discuss with the administrative evaluator

2 This will be utilized as an educational device for the improvement of instruction

F Written evaluations shall be based upon and preceded by observations

1 Class observations shall take place at least once before written evaluation takes place

2 The teacher will confer with the evaluator within five (5) school days of the date that the formal classroom observation takes place to review the written observation and the completed evaluation This time may be extended by mutual agreement

3 If an administrator identifies a weakness in a teachers performance the administrator shall so inform the teacher and the administrator shall make specific recommendations for improvement The teacher recognizes hislher obligation to make a good faith effort to implement the specific recommended strategies for improvement in the area ofweakness

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ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

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Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

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Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

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Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

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Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

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Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

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EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

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Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

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Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

TABLE OF CONTENTS

I RECOGNITION 1 A Parties1 B Bargaining Unit 1 C Recognition 1 D Board Rights 1

II ORGANIZATION RIGHTS 1 A Use of Facilities 1 B Organization Business 1 C Permission to Use Equipment 1 D Bulletin Boards 2 E Inter-School Mail Service 2 F Organization Procedures 2 G TCTO Officials Board Meeting Agendas and Opening Day Agenda 2

III GRIEVANCE PROCEDURE 3 A Definitions3 B Purpose3 C Informal LeveL 3 D Formal Level One 3 E Formal Level Two 3 F Formal Level Three 4 G General Provisions 5

N EVALUATION 6 A Administration Responsibility 6 B Notice 6 C Instrument 6 D Observation 6 E Self-Evaluation 6 F Written evaluations shall be based upon and preceded by observations 6 G Number of Evaluations 7 H Conference Instrument 7 I Documentation7 J Professional Development Model 7 K Modifications 8 L Due Process Rights 8 M Test Scores 8

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS 8 A Definitions8 B Reductions in Force 9 C Chronology10 D General 11

VI TEACHERS HOURS 11 A Definitions 11 B Regular Teaching Day 11 C Length of the Teacher Day 12 D Faculty Meetings 12 E School year 12 F After School 12 G ECA Participation 12 H Closings12 I Preparation Time 12 J Substitutes 13 K Open House I Back-to-School Nights l3

VII TEACHING LOAD 13 A Maximums 13 B Team Teaching I Double Classes 13 C Emergencies 13

VIII TEACHING CONDITIONS 13 A Keys 13 B Lunchroom 13 C Construction 14 D Telephones 14 E Recess 14 F Least Restrictive Environment 14

IX SUMMER SCHOOL AND NIGHT SCHOOL 14 A Posting 14 B Staffing 14 C Staffing Criteria 15 D Contracting 15 E Leaves 15

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT 15 A College Attendance 15 B Attendance at Professional Meetings or Educational Seminars 16 C Mileage 16

XI DISCIPLINARY PROCEDlTRES 16 A Student Discipline 16 B AssaultlLiability16

XII ACADEMIC FREEDOM 17 A Traditions Freedoms and Values 17 B Application 17 C Professionalism 17 D Classroom 17

XIII RETIREMENT FUNDED AND UNFUNDED 17 A Effective Data Census Class and Liquidation of Benefits 17 B Liquidation and Vesting Requirements 18 C Tax Vehicles Carve-Out Option Option Group 20 D IRS Code Section 403(b) Matching Annuity and Custodial Mutual Funds Plan

and Section 401 (a) Plan 25 E VEBA for Active Teachers for Use During Retirement 27

XIV COMPENSATION AND FAIR SHARE 28 A Automobile Reimbursement 28 B Previous Experience 28 C Payroll Procedures 28 D Organization Dues 30 E Lane Changes 30 F Leave Without Pay 31 G Homebound Instruction 31

XV COMPENSABLE LEAVES 31 A Sick Leave 31 B Bereavement Leave 32 C Leave for Illness in Family32 D Personal Leave 32 E Jury Duty 33 F Maternity Leave 33 G Organization Leave 34 H Benefit Proration During Disability and Maternity Leave 34 I Family Medical Leave Act 34

XVI NON-COMPENSABLE LEAVES 35 A Service in Peace Corps Foreign Exchange Teaching Program Exchange

Teaching or Similar Government Programs 35 B Campaigning or Serving in Public Office 35 C Study or Special Teaching 35 D Personal Illness Personal Disability or Illness in the Immediate Family 36 E General Provisions for Non-Compensable Leaves 36

XVII MID-CONTRACT LANGUAGE ALTERATIONS BY CONTRACT MAINTENANCE COMMITTEE (CMC) 36

XVIII EFFECT OF THE CONTRACT 39 A Tenn of the Contract 39 B Zipper Clause 39 C Effect of the Contract 39 D Severability 39 E Coverage 39 F Execution and Effective Date 40

APPENDIX A 41 Salary Schedule Extra-Duty Pay and Fringe Benefits for the Tenn of the Contract 41 A Salary Schedule 42 B Extra-Duty Pay Schedule 44 C Insurances49

APPENDIX B 51 Grievance Fonns 52 A Submission of Grievance Fonn 52 B Disposition of Grievance Fonn 53

APPENDIX C 54 Certification Renewal Units (CRUs) 55 A Certification Renewal Units (CRUs) 55

APPENDIX D 56 Family Illness Leave Loan Bank Application 57

APPENDIX E 58 Unfunded Retirement Liabilities 59 Supplemental S 199 Funding 59

Contract Btween Tri-Ck School Corpontion and Tri-Ck T ch Organization Effective January 12009

I RECOGNITION

A Parties

This contract is by and between the Tri-Creek Board of School Trustees of TrishyCreek School Corporation (Board or the School Corporation) and the TrishyCreek Teachers Organization an affiliate of the Indiana State Teachers Association and the National Education Association (Organization or TCTO)

B Bargaining Unit

The bargaining unit shall mean all certified school employees as defined by Ie 20-29-1-1 et seq except for the superintendent assistant superintendents director of operations director of instruction principals assistant principals athletic director and full-time administrators with corporation-wide responsibilities_

C Recognition

The Board recognizes the Organization as the exclusive representative for certified school employees in the bargaining unit in accordance with IC 20-29-1shy1 et seq

D Board Rights

The Organization recognizes that except as specifically limited by the agreements in this contract the Board has the responsibility and the authority to manage and direct in behalf of the public the operation and activities of the school corporation to the full extent authorized by law

II ORGANIZATION RIGHTS

A Use of Facilities

The Organization will be permitted to use school facilities for meetings The Organization will follow the normal scheduling procedures for the use of the facilities in each building

B Organization Business

Representatives of the Organization may transact official Organization business on school property

1 If the business interferes with normal school operations approval of the principal must be obtained

2 The Organization shall notifY building principals of all building representatives in a timely fashion

C Permission to Use Equipment

1 The Organization will be permitted to use the schools office audio-visual equipment document production and imaging equipment computers and ancillary equipment school Internet access and the school corporation e-mail system As technology advances Organization access to new equipment or new systems will need to be arranged with each building principal The Organization will comply with Board policy and building procedures in the use of technology

1

Controct Between Tri-Ck School Corpo tion and Tri-Ck Tuch Organization ElFetlive January 12009

2 Notice of use shall be given to the principal

3 The Organization shall use said equipment only when such equipment is not otherwise in use

4 The Organization assumes fair responsibility for damage to said equipment while representatives are using it The building representative will see that teachers who operate the equipment for the Organization are fully qualified to do so

5 The Organization shall supply all consumable materials it uses adhering to the standards outlined by the machine manufacturers

6 Service employees will not be used during their normal working hours for Organization business unless as a part of Board policy or school procedure

7 The Organization shall have reasonable access to the school corporation telephone equipment Access to telephone equipment shall be limited to local calls 800 numbers and credit card calls

D Bulletin Boards

Each school shall provide space on a teachers bulletin board for Organization announcements

E Inter-School Mail Service

1 The Organization may use the inter-school mail service which originates in the Tri-Creek School Corporation office

2 The Organization may use the teachers mailboxes in the individual buildings in Tri-Creek School Corporation

F Organization Procedures

1 No teacher will be discriminated against in regard to hours wages or terms and conditions of employment because of hisher participation in Organization activities as covered in IC 20-29-1-1 et seq

2 Upon request of the Organization president the Board shall provide to the Organization information relevant to salary and fringe benefits grievance processing under this contract and the names telephone numbers except declared unlisted numbers and addresses of all members of the bargaining unit

G TCTO Officials Board Meeting Agendas and Opening Day Agenda

1 The school employer shall continue the current practice of providing agendas of school board meetings to TCTO officials during the school year including mailing a copy of the agendas to the TCTO president(s) during the summer break

2 Prior to the beginning of the school year the Organization shall notifY the superintendent of the names and titles of Organization officials

2

Conlrbullbullt Between Tri-Cruk School Corporation and Tri-Cruk Teachen Organization Errective January I ZOO9

3 The Organization shall be allowed to be on the agenda for any first-day mass meeting of Tri-Creek School Corporation teachers

III GRIEVANCE PROCEDURE

A Definitions

1 This Grievance Procedure (Procedure) stipulates the conditions under and procedures by which grievances alleged by members of the bargaining unit shall be processed

2 A grievance is a claim of an alleged violation misinterpretation or misapplication ofan article section or clause of this contract with the exception of the Article XVII process and resulting contract changes

3 A grievant is a teacher group of teachers or the Organization having a claim

S Purpose

The purpose of this Procedure is to secure at the lowest possible administrative level an equitable solution to grievances which may arise from time to time

C Informal Level

1 An informal meeting between the building principal and the involved teacher will be held prior to the filing of a formal grievance in an attempt to resolve the problem

2 If two or more teachers from the same building plan to sign the same claim a representative will be selected from the group to hold the informal meeting with the building principal

3 A teacher may discuss the alleged grievance with the building principal and may have an Organization representative with himlher at the meeting In the latter case the principal shall receive prior notice and may have another administrator attend the meeting to be held at a mutually agreed time

D Formal Level One

1 A grievant shall file the alleged grievance in writing with the building principal within twenty (20) school days of the time the teacher knew or reasonably should have known of the event which gave rise to the alleged grievance The grievance form shall be handed to the principal or his designee in person (See Appendix B)

2 Within seven (7) school days after receipt of the grievance form the principal will render a decision

E Formal Level Two

I If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within seven (7) school days the grievant shall file the grievance with the superintendent or hislher designee within seven (7) school days after the receipt of the disposition at Formal Level One

3

Conlnllletwetn Tri-Ck Shool Corporation and Tri-Creek Teahen Organization Elfedive January I 2009

The grievance form shall be handed to the superintendent or hislher designee in person

2 Within eight (8) school days after receipt of the grievance form the superintendent will meet with the grievant in an effort to resolve the alleged grievance

3 Within seven (7) school days from the meeting with the grievant the superintendent will render a decision

F Formal Level Three

1 The Organization shall serve written notice to the superintendent of its intent to arbitrate by submitting a copy of its Request for Arbitration Panel from the Federal Mediation and Conciliation Service (FMCS) within fifteen (15) work days after receiving the Formal Level Two answer The Board recognizes the right of the Organization to initiate a request for a panel submission and that FMCS is authorized to provide the panel upon the request provided however that the school corporation does not waive its right to argue a subject matter is outside the scope of the grievance procedure

Following submission of a panel of arbitrators to each party by the FMCS a representative of each party shall within five (5) days of receipt of the panel cross off the names of any arbitrators who are unacceptable and number the names of those remaining in order of preference with one being the first choice two being the second choice and so on down the line Within seven (7) days of receipt of the panel from FMCS the two representatives shall confer either in person or by phone for the purpose of selecting the arbitrator The arbitrators whose names have been crossed out by either party shall not be appointed The numerical ratings of the remaining arbitrators shall be added together with the arbitrator who will hear the case unless that arbitrator disqualifies himselflherself In this event the arbitrator with the next lower total numerical rating will be requested to hear the case This procedure shall be followed until an arbitrator is selected

The conduct of all proceedings shall be in accord with the code of Professional Responsibility for Arbitrators of Labor-Management Disputes as adopted by the National Academy of Arbitrators the American Arbitration Association and the FMCS

2 Arbitration Provisions

a The arbitrator shall have no power to rule on the termination of services or failure to re-employ any school employee to a position on the extra-duty pay schedule

b The arbitrator shall have no power to make any decision or recommendation inconsistent with the law or the terms and conditions of this contract

c The arbitrator shall have no power to alter add to or subtract from

4

Contract Between Tri-C k School Corporation ADd Tri-Ck Teachn Organization Effective January 12009

the terms of this contract

d Both parties shall share equally in the cost of the arbitrators personal fees and hislher expenses

G General Provisions

1 The grievant will indicate on the grievance form the article section or clause ofthe contract alleged to be violated misinterpreted or misapplied

2 A grievance may be withdrawn at any time by a written statement by the grievant to the Organization building principal and superintendent

3 In the event a grievance is filed after May 15 every effort will be made to process the grievance at Formal Level One within five (5) school days If the grievance cannot be resolved within five (5) school days then it will be processed to the next level

4 In the event any grievance is processed following the regular school year all reference to school days shall be construed to mean week days

5 The grievant the Organization the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level Decisions rendered at Formal Level One and Two of this Procedure shall be in writing

6 All documents communications and records dealing with grievances shall be filed separately from personnel files

7 Forms to be used in the grievance procedure shall be provided by the superintendent and the Organization copies of which are attached to this contract (See Appendix B)

8 The Organization shall be given the opportunity to be represented at all steps of the grievance procedure beyond the Informal Level

9 The number of days indicated at each level will be considered as maximum The time limits may be extended by mutual and written agreement of the parties

10 All proceedings shall be kept as confidential as possible

11 Any grievance filed at Formal Level One before the expiration date of this contract shall be processed to resolution under this procedure and terms of this contract

12 In the event that an arbitrator sustains a grievance alleging underpayment of salary the arbitrator shall have the authority to award back pay for up to 24 months prior to the date the grievance was filed

13 At each level of the grievance procedure an Organization representative and one additional witness for each party will be allowed to be present If the Organization representative and witness are present during the work day it shall be without loss of pay In the alternative the grievance meeting may be scheduled before or after the school day however the

5

Conttlld Btw Tri-Cruk School Corpotlltion and Tri-Cruk Teachbull Organization Effectiv January 12009

Organization may request a continuance of the meeting if an Organization representative is not available

IV EVALUATION

A Administration Responsibility

The evaluation of the work of all teachers IS the responsibility of the administration

B Notice

All teachers shall be informed about the evaluation procedure and instruments used within the first two (2) weeks of the school year or during the orientation period for new teachers The school administration will inform the teacher of the administrator who will be designated as evaluator or in the case of multi-building assignment the names of the evaluators An evaluator may be substituted for cause giving two (2) weeks notice to the teacher

C Instrument

During the time period in B above a blank copy of the appropriate evaluation instrument will be given to each new teacher and to all teachers if the instrument has been revised

D Observation

Informal and formal observations of teacher performance shall be conducted with the knowledge of the teacher Teachers shall be given notice of one formal observation no later than the day before the observation occurs

E Self-Evaluation

1 Prior to the administrative evaluation each teacher may be presented a self-evaluation device to complete and discuss with the administrative evaluator

2 This will be utilized as an educational device for the improvement of instruction

F Written evaluations shall be based upon and preceded by observations

1 Class observations shall take place at least once before written evaluation takes place

2 The teacher will confer with the evaluator within five (5) school days of the date that the formal classroom observation takes place to review the written observation and the completed evaluation This time may be extended by mutual agreement

3 If an administrator identifies a weakness in a teachers performance the administrator shall so inform the teacher and the administrator shall make specific recommendations for improvement The teacher recognizes hislher obligation to make a good faith effort to implement the specific recommended strategies for improvement in the area ofweakness

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ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

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Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

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Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

12

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

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Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

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Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

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ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

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Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

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Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

VI TEACHERS HOURS 11 A Definitions 11 B Regular Teaching Day 11 C Length of the Teacher Day 12 D Faculty Meetings 12 E School year 12 F After School 12 G ECA Participation 12 H Closings12 I Preparation Time 12 J Substitutes 13 K Open House I Back-to-School Nights l3

VII TEACHING LOAD 13 A Maximums 13 B Team Teaching I Double Classes 13 C Emergencies 13

VIII TEACHING CONDITIONS 13 A Keys 13 B Lunchroom 13 C Construction 14 D Telephones 14 E Recess 14 F Least Restrictive Environment 14

IX SUMMER SCHOOL AND NIGHT SCHOOL 14 A Posting 14 B Staffing 14 C Staffing Criteria 15 D Contracting 15 E Leaves 15

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT 15 A College Attendance 15 B Attendance at Professional Meetings or Educational Seminars 16 C Mileage 16

XI DISCIPLINARY PROCEDlTRES 16 A Student Discipline 16 B AssaultlLiability16

XII ACADEMIC FREEDOM 17 A Traditions Freedoms and Values 17 B Application 17 C Professionalism 17 D Classroom 17

XIII RETIREMENT FUNDED AND UNFUNDED 17 A Effective Data Census Class and Liquidation of Benefits 17 B Liquidation and Vesting Requirements 18 C Tax Vehicles Carve-Out Option Option Group 20 D IRS Code Section 403(b) Matching Annuity and Custodial Mutual Funds Plan

and Section 401 (a) Plan 25 E VEBA for Active Teachers for Use During Retirement 27

XIV COMPENSATION AND FAIR SHARE 28 A Automobile Reimbursement 28 B Previous Experience 28 C Payroll Procedures 28 D Organization Dues 30 E Lane Changes 30 F Leave Without Pay 31 G Homebound Instruction 31

XV COMPENSABLE LEAVES 31 A Sick Leave 31 B Bereavement Leave 32 C Leave for Illness in Family32 D Personal Leave 32 E Jury Duty 33 F Maternity Leave 33 G Organization Leave 34 H Benefit Proration During Disability and Maternity Leave 34 I Family Medical Leave Act 34

XVI NON-COMPENSABLE LEAVES 35 A Service in Peace Corps Foreign Exchange Teaching Program Exchange

Teaching or Similar Government Programs 35 B Campaigning or Serving in Public Office 35 C Study or Special Teaching 35 D Personal Illness Personal Disability or Illness in the Immediate Family 36 E General Provisions for Non-Compensable Leaves 36

XVII MID-CONTRACT LANGUAGE ALTERATIONS BY CONTRACT MAINTENANCE COMMITTEE (CMC) 36

XVIII EFFECT OF THE CONTRACT 39 A Tenn of the Contract 39 B Zipper Clause 39 C Effect of the Contract 39 D Severability 39 E Coverage 39 F Execution and Effective Date 40

APPENDIX A 41 Salary Schedule Extra-Duty Pay and Fringe Benefits for the Tenn of the Contract 41 A Salary Schedule 42 B Extra-Duty Pay Schedule 44 C Insurances49

APPENDIX B 51 Grievance Fonns 52 A Submission of Grievance Fonn 52 B Disposition of Grievance Fonn 53

APPENDIX C 54 Certification Renewal Units (CRUs) 55 A Certification Renewal Units (CRUs) 55

APPENDIX D 56 Family Illness Leave Loan Bank Application 57

APPENDIX E 58 Unfunded Retirement Liabilities 59 Supplemental S 199 Funding 59

Contract Btween Tri-Ck School Corpontion and Tri-Ck T ch Organization Effective January 12009

I RECOGNITION

A Parties

This contract is by and between the Tri-Creek Board of School Trustees of TrishyCreek School Corporation (Board or the School Corporation) and the TrishyCreek Teachers Organization an affiliate of the Indiana State Teachers Association and the National Education Association (Organization or TCTO)

B Bargaining Unit

The bargaining unit shall mean all certified school employees as defined by Ie 20-29-1-1 et seq except for the superintendent assistant superintendents director of operations director of instruction principals assistant principals athletic director and full-time administrators with corporation-wide responsibilities_

C Recognition

The Board recognizes the Organization as the exclusive representative for certified school employees in the bargaining unit in accordance with IC 20-29-1shy1 et seq

D Board Rights

The Organization recognizes that except as specifically limited by the agreements in this contract the Board has the responsibility and the authority to manage and direct in behalf of the public the operation and activities of the school corporation to the full extent authorized by law

II ORGANIZATION RIGHTS

A Use of Facilities

The Organization will be permitted to use school facilities for meetings The Organization will follow the normal scheduling procedures for the use of the facilities in each building

B Organization Business

Representatives of the Organization may transact official Organization business on school property

1 If the business interferes with normal school operations approval of the principal must be obtained

2 The Organization shall notifY building principals of all building representatives in a timely fashion

C Permission to Use Equipment

1 The Organization will be permitted to use the schools office audio-visual equipment document production and imaging equipment computers and ancillary equipment school Internet access and the school corporation e-mail system As technology advances Organization access to new equipment or new systems will need to be arranged with each building principal The Organization will comply with Board policy and building procedures in the use of technology

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Controct Between Tri-Ck School Corpo tion and Tri-Ck Tuch Organization ElFetlive January 12009

2 Notice of use shall be given to the principal

3 The Organization shall use said equipment only when such equipment is not otherwise in use

4 The Organization assumes fair responsibility for damage to said equipment while representatives are using it The building representative will see that teachers who operate the equipment for the Organization are fully qualified to do so

5 The Organization shall supply all consumable materials it uses adhering to the standards outlined by the machine manufacturers

6 Service employees will not be used during their normal working hours for Organization business unless as a part of Board policy or school procedure

7 The Organization shall have reasonable access to the school corporation telephone equipment Access to telephone equipment shall be limited to local calls 800 numbers and credit card calls

D Bulletin Boards

Each school shall provide space on a teachers bulletin board for Organization announcements

E Inter-School Mail Service

1 The Organization may use the inter-school mail service which originates in the Tri-Creek School Corporation office

2 The Organization may use the teachers mailboxes in the individual buildings in Tri-Creek School Corporation

F Organization Procedures

1 No teacher will be discriminated against in regard to hours wages or terms and conditions of employment because of hisher participation in Organization activities as covered in IC 20-29-1-1 et seq

2 Upon request of the Organization president the Board shall provide to the Organization information relevant to salary and fringe benefits grievance processing under this contract and the names telephone numbers except declared unlisted numbers and addresses of all members of the bargaining unit

G TCTO Officials Board Meeting Agendas and Opening Day Agenda

1 The school employer shall continue the current practice of providing agendas of school board meetings to TCTO officials during the school year including mailing a copy of the agendas to the TCTO president(s) during the summer break

2 Prior to the beginning of the school year the Organization shall notifY the superintendent of the names and titles of Organization officials

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Conlrbullbullt Between Tri-Cruk School Corporation and Tri-Cruk Teachen Organization Errective January I ZOO9

3 The Organization shall be allowed to be on the agenda for any first-day mass meeting of Tri-Creek School Corporation teachers

III GRIEVANCE PROCEDURE

A Definitions

1 This Grievance Procedure (Procedure) stipulates the conditions under and procedures by which grievances alleged by members of the bargaining unit shall be processed

2 A grievance is a claim of an alleged violation misinterpretation or misapplication ofan article section or clause of this contract with the exception of the Article XVII process and resulting contract changes

3 A grievant is a teacher group of teachers or the Organization having a claim

S Purpose

The purpose of this Procedure is to secure at the lowest possible administrative level an equitable solution to grievances which may arise from time to time

C Informal Level

1 An informal meeting between the building principal and the involved teacher will be held prior to the filing of a formal grievance in an attempt to resolve the problem

2 If two or more teachers from the same building plan to sign the same claim a representative will be selected from the group to hold the informal meeting with the building principal

3 A teacher may discuss the alleged grievance with the building principal and may have an Organization representative with himlher at the meeting In the latter case the principal shall receive prior notice and may have another administrator attend the meeting to be held at a mutually agreed time

D Formal Level One

1 A grievant shall file the alleged grievance in writing with the building principal within twenty (20) school days of the time the teacher knew or reasonably should have known of the event which gave rise to the alleged grievance The grievance form shall be handed to the principal or his designee in person (See Appendix B)

2 Within seven (7) school days after receipt of the grievance form the principal will render a decision

E Formal Level Two

I If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within seven (7) school days the grievant shall file the grievance with the superintendent or hislher designee within seven (7) school days after the receipt of the disposition at Formal Level One

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Conlnllletwetn Tri-Ck Shool Corporation and Tri-Creek Teahen Organization Elfedive January I 2009

The grievance form shall be handed to the superintendent or hislher designee in person

2 Within eight (8) school days after receipt of the grievance form the superintendent will meet with the grievant in an effort to resolve the alleged grievance

3 Within seven (7) school days from the meeting with the grievant the superintendent will render a decision

F Formal Level Three

1 The Organization shall serve written notice to the superintendent of its intent to arbitrate by submitting a copy of its Request for Arbitration Panel from the Federal Mediation and Conciliation Service (FMCS) within fifteen (15) work days after receiving the Formal Level Two answer The Board recognizes the right of the Organization to initiate a request for a panel submission and that FMCS is authorized to provide the panel upon the request provided however that the school corporation does not waive its right to argue a subject matter is outside the scope of the grievance procedure

Following submission of a panel of arbitrators to each party by the FMCS a representative of each party shall within five (5) days of receipt of the panel cross off the names of any arbitrators who are unacceptable and number the names of those remaining in order of preference with one being the first choice two being the second choice and so on down the line Within seven (7) days of receipt of the panel from FMCS the two representatives shall confer either in person or by phone for the purpose of selecting the arbitrator The arbitrators whose names have been crossed out by either party shall not be appointed The numerical ratings of the remaining arbitrators shall be added together with the arbitrator who will hear the case unless that arbitrator disqualifies himselflherself In this event the arbitrator with the next lower total numerical rating will be requested to hear the case This procedure shall be followed until an arbitrator is selected

The conduct of all proceedings shall be in accord with the code of Professional Responsibility for Arbitrators of Labor-Management Disputes as adopted by the National Academy of Arbitrators the American Arbitration Association and the FMCS

2 Arbitration Provisions

a The arbitrator shall have no power to rule on the termination of services or failure to re-employ any school employee to a position on the extra-duty pay schedule

b The arbitrator shall have no power to make any decision or recommendation inconsistent with the law or the terms and conditions of this contract

c The arbitrator shall have no power to alter add to or subtract from

4

Contract Between Tri-C k School Corporation ADd Tri-Ck Teachn Organization Effective January 12009

the terms of this contract

d Both parties shall share equally in the cost of the arbitrators personal fees and hislher expenses

G General Provisions

1 The grievant will indicate on the grievance form the article section or clause ofthe contract alleged to be violated misinterpreted or misapplied

2 A grievance may be withdrawn at any time by a written statement by the grievant to the Organization building principal and superintendent

3 In the event a grievance is filed after May 15 every effort will be made to process the grievance at Formal Level One within five (5) school days If the grievance cannot be resolved within five (5) school days then it will be processed to the next level

4 In the event any grievance is processed following the regular school year all reference to school days shall be construed to mean week days

5 The grievant the Organization the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level Decisions rendered at Formal Level One and Two of this Procedure shall be in writing

6 All documents communications and records dealing with grievances shall be filed separately from personnel files

7 Forms to be used in the grievance procedure shall be provided by the superintendent and the Organization copies of which are attached to this contract (See Appendix B)

8 The Organization shall be given the opportunity to be represented at all steps of the grievance procedure beyond the Informal Level

9 The number of days indicated at each level will be considered as maximum The time limits may be extended by mutual and written agreement of the parties

10 All proceedings shall be kept as confidential as possible

11 Any grievance filed at Formal Level One before the expiration date of this contract shall be processed to resolution under this procedure and terms of this contract

12 In the event that an arbitrator sustains a grievance alleging underpayment of salary the arbitrator shall have the authority to award back pay for up to 24 months prior to the date the grievance was filed

13 At each level of the grievance procedure an Organization representative and one additional witness for each party will be allowed to be present If the Organization representative and witness are present during the work day it shall be without loss of pay In the alternative the grievance meeting may be scheduled before or after the school day however the

5

Conttlld Btw Tri-Cruk School Corpotlltion and Tri-Cruk Teachbull Organization Effectiv January 12009

Organization may request a continuance of the meeting if an Organization representative is not available

IV EVALUATION

A Administration Responsibility

The evaluation of the work of all teachers IS the responsibility of the administration

B Notice

All teachers shall be informed about the evaluation procedure and instruments used within the first two (2) weeks of the school year or during the orientation period for new teachers The school administration will inform the teacher of the administrator who will be designated as evaluator or in the case of multi-building assignment the names of the evaluators An evaluator may be substituted for cause giving two (2) weeks notice to the teacher

C Instrument

During the time period in B above a blank copy of the appropriate evaluation instrument will be given to each new teacher and to all teachers if the instrument has been revised

D Observation

Informal and formal observations of teacher performance shall be conducted with the knowledge of the teacher Teachers shall be given notice of one formal observation no later than the day before the observation occurs

E Self-Evaluation

1 Prior to the administrative evaluation each teacher may be presented a self-evaluation device to complete and discuss with the administrative evaluator

2 This will be utilized as an educational device for the improvement of instruction

F Written evaluations shall be based upon and preceded by observations

1 Class observations shall take place at least once before written evaluation takes place

2 The teacher will confer with the evaluator within five (5) school days of the date that the formal classroom observation takes place to review the written observation and the completed evaluation This time may be extended by mutual agreement

3 If an administrator identifies a weakness in a teachers performance the administrator shall so inform the teacher and the administrator shall make specific recommendations for improvement The teacher recognizes hislher obligation to make a good faith effort to implement the specific recommended strategies for improvement in the area ofweakness

6

ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

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Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

9

Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

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EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

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Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

XII ACADEMIC FREEDOM 17 A Traditions Freedoms and Values 17 B Application 17 C Professionalism 17 D Classroom 17

XIII RETIREMENT FUNDED AND UNFUNDED 17 A Effective Data Census Class and Liquidation of Benefits 17 B Liquidation and Vesting Requirements 18 C Tax Vehicles Carve-Out Option Option Group 20 D IRS Code Section 403(b) Matching Annuity and Custodial Mutual Funds Plan

and Section 401 (a) Plan 25 E VEBA for Active Teachers for Use During Retirement 27

XIV COMPENSATION AND FAIR SHARE 28 A Automobile Reimbursement 28 B Previous Experience 28 C Payroll Procedures 28 D Organization Dues 30 E Lane Changes 30 F Leave Without Pay 31 G Homebound Instruction 31

XV COMPENSABLE LEAVES 31 A Sick Leave 31 B Bereavement Leave 32 C Leave for Illness in Family32 D Personal Leave 32 E Jury Duty 33 F Maternity Leave 33 G Organization Leave 34 H Benefit Proration During Disability and Maternity Leave 34 I Family Medical Leave Act 34

XVI NON-COMPENSABLE LEAVES 35 A Service in Peace Corps Foreign Exchange Teaching Program Exchange

Teaching or Similar Government Programs 35 B Campaigning or Serving in Public Office 35 C Study or Special Teaching 35 D Personal Illness Personal Disability or Illness in the Immediate Family 36 E General Provisions for Non-Compensable Leaves 36

XVII MID-CONTRACT LANGUAGE ALTERATIONS BY CONTRACT MAINTENANCE COMMITTEE (CMC) 36

XVIII EFFECT OF THE CONTRACT 39 A Tenn of the Contract 39 B Zipper Clause 39 C Effect of the Contract 39 D Severability 39 E Coverage 39 F Execution and Effective Date 40

APPENDIX A 41 Salary Schedule Extra-Duty Pay and Fringe Benefits for the Tenn of the Contract 41 A Salary Schedule 42 B Extra-Duty Pay Schedule 44 C Insurances49

APPENDIX B 51 Grievance Fonns 52 A Submission of Grievance Fonn 52 B Disposition of Grievance Fonn 53

APPENDIX C 54 Certification Renewal Units (CRUs) 55 A Certification Renewal Units (CRUs) 55

APPENDIX D 56 Family Illness Leave Loan Bank Application 57

APPENDIX E 58 Unfunded Retirement Liabilities 59 Supplemental S 199 Funding 59

Contract Btween Tri-Ck School Corpontion and Tri-Ck T ch Organization Effective January 12009

I RECOGNITION

A Parties

This contract is by and between the Tri-Creek Board of School Trustees of TrishyCreek School Corporation (Board or the School Corporation) and the TrishyCreek Teachers Organization an affiliate of the Indiana State Teachers Association and the National Education Association (Organization or TCTO)

B Bargaining Unit

The bargaining unit shall mean all certified school employees as defined by Ie 20-29-1-1 et seq except for the superintendent assistant superintendents director of operations director of instruction principals assistant principals athletic director and full-time administrators with corporation-wide responsibilities_

C Recognition

The Board recognizes the Organization as the exclusive representative for certified school employees in the bargaining unit in accordance with IC 20-29-1shy1 et seq

D Board Rights

The Organization recognizes that except as specifically limited by the agreements in this contract the Board has the responsibility and the authority to manage and direct in behalf of the public the operation and activities of the school corporation to the full extent authorized by law

II ORGANIZATION RIGHTS

A Use of Facilities

The Organization will be permitted to use school facilities for meetings The Organization will follow the normal scheduling procedures for the use of the facilities in each building

B Organization Business

Representatives of the Organization may transact official Organization business on school property

1 If the business interferes with normal school operations approval of the principal must be obtained

2 The Organization shall notifY building principals of all building representatives in a timely fashion

C Permission to Use Equipment

1 The Organization will be permitted to use the schools office audio-visual equipment document production and imaging equipment computers and ancillary equipment school Internet access and the school corporation e-mail system As technology advances Organization access to new equipment or new systems will need to be arranged with each building principal The Organization will comply with Board policy and building procedures in the use of technology

1

Controct Between Tri-Ck School Corpo tion and Tri-Ck Tuch Organization ElFetlive January 12009

2 Notice of use shall be given to the principal

3 The Organization shall use said equipment only when such equipment is not otherwise in use

4 The Organization assumes fair responsibility for damage to said equipment while representatives are using it The building representative will see that teachers who operate the equipment for the Organization are fully qualified to do so

5 The Organization shall supply all consumable materials it uses adhering to the standards outlined by the machine manufacturers

6 Service employees will not be used during their normal working hours for Organization business unless as a part of Board policy or school procedure

7 The Organization shall have reasonable access to the school corporation telephone equipment Access to telephone equipment shall be limited to local calls 800 numbers and credit card calls

D Bulletin Boards

Each school shall provide space on a teachers bulletin board for Organization announcements

E Inter-School Mail Service

1 The Organization may use the inter-school mail service which originates in the Tri-Creek School Corporation office

2 The Organization may use the teachers mailboxes in the individual buildings in Tri-Creek School Corporation

F Organization Procedures

1 No teacher will be discriminated against in regard to hours wages or terms and conditions of employment because of hisher participation in Organization activities as covered in IC 20-29-1-1 et seq

2 Upon request of the Organization president the Board shall provide to the Organization information relevant to salary and fringe benefits grievance processing under this contract and the names telephone numbers except declared unlisted numbers and addresses of all members of the bargaining unit

G TCTO Officials Board Meeting Agendas and Opening Day Agenda

1 The school employer shall continue the current practice of providing agendas of school board meetings to TCTO officials during the school year including mailing a copy of the agendas to the TCTO president(s) during the summer break

2 Prior to the beginning of the school year the Organization shall notifY the superintendent of the names and titles of Organization officials

2

Conlrbullbullt Between Tri-Cruk School Corporation and Tri-Cruk Teachen Organization Errective January I ZOO9

3 The Organization shall be allowed to be on the agenda for any first-day mass meeting of Tri-Creek School Corporation teachers

III GRIEVANCE PROCEDURE

A Definitions

1 This Grievance Procedure (Procedure) stipulates the conditions under and procedures by which grievances alleged by members of the bargaining unit shall be processed

2 A grievance is a claim of an alleged violation misinterpretation or misapplication ofan article section or clause of this contract with the exception of the Article XVII process and resulting contract changes

3 A grievant is a teacher group of teachers or the Organization having a claim

S Purpose

The purpose of this Procedure is to secure at the lowest possible administrative level an equitable solution to grievances which may arise from time to time

C Informal Level

1 An informal meeting between the building principal and the involved teacher will be held prior to the filing of a formal grievance in an attempt to resolve the problem

2 If two or more teachers from the same building plan to sign the same claim a representative will be selected from the group to hold the informal meeting with the building principal

3 A teacher may discuss the alleged grievance with the building principal and may have an Organization representative with himlher at the meeting In the latter case the principal shall receive prior notice and may have another administrator attend the meeting to be held at a mutually agreed time

D Formal Level One

1 A grievant shall file the alleged grievance in writing with the building principal within twenty (20) school days of the time the teacher knew or reasonably should have known of the event which gave rise to the alleged grievance The grievance form shall be handed to the principal or his designee in person (See Appendix B)

2 Within seven (7) school days after receipt of the grievance form the principal will render a decision

E Formal Level Two

I If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within seven (7) school days the grievant shall file the grievance with the superintendent or hislher designee within seven (7) school days after the receipt of the disposition at Formal Level One

3

Conlnllletwetn Tri-Ck Shool Corporation and Tri-Creek Teahen Organization Elfedive January I 2009

The grievance form shall be handed to the superintendent or hislher designee in person

2 Within eight (8) school days after receipt of the grievance form the superintendent will meet with the grievant in an effort to resolve the alleged grievance

3 Within seven (7) school days from the meeting with the grievant the superintendent will render a decision

F Formal Level Three

1 The Organization shall serve written notice to the superintendent of its intent to arbitrate by submitting a copy of its Request for Arbitration Panel from the Federal Mediation and Conciliation Service (FMCS) within fifteen (15) work days after receiving the Formal Level Two answer The Board recognizes the right of the Organization to initiate a request for a panel submission and that FMCS is authorized to provide the panel upon the request provided however that the school corporation does not waive its right to argue a subject matter is outside the scope of the grievance procedure

Following submission of a panel of arbitrators to each party by the FMCS a representative of each party shall within five (5) days of receipt of the panel cross off the names of any arbitrators who are unacceptable and number the names of those remaining in order of preference with one being the first choice two being the second choice and so on down the line Within seven (7) days of receipt of the panel from FMCS the two representatives shall confer either in person or by phone for the purpose of selecting the arbitrator The arbitrators whose names have been crossed out by either party shall not be appointed The numerical ratings of the remaining arbitrators shall be added together with the arbitrator who will hear the case unless that arbitrator disqualifies himselflherself In this event the arbitrator with the next lower total numerical rating will be requested to hear the case This procedure shall be followed until an arbitrator is selected

The conduct of all proceedings shall be in accord with the code of Professional Responsibility for Arbitrators of Labor-Management Disputes as adopted by the National Academy of Arbitrators the American Arbitration Association and the FMCS

2 Arbitration Provisions

a The arbitrator shall have no power to rule on the termination of services or failure to re-employ any school employee to a position on the extra-duty pay schedule

b The arbitrator shall have no power to make any decision or recommendation inconsistent with the law or the terms and conditions of this contract

c The arbitrator shall have no power to alter add to or subtract from

4

Contract Between Tri-C k School Corporation ADd Tri-Ck Teachn Organization Effective January 12009

the terms of this contract

d Both parties shall share equally in the cost of the arbitrators personal fees and hislher expenses

G General Provisions

1 The grievant will indicate on the grievance form the article section or clause ofthe contract alleged to be violated misinterpreted or misapplied

2 A grievance may be withdrawn at any time by a written statement by the grievant to the Organization building principal and superintendent

3 In the event a grievance is filed after May 15 every effort will be made to process the grievance at Formal Level One within five (5) school days If the grievance cannot be resolved within five (5) school days then it will be processed to the next level

4 In the event any grievance is processed following the regular school year all reference to school days shall be construed to mean week days

5 The grievant the Organization the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level Decisions rendered at Formal Level One and Two of this Procedure shall be in writing

6 All documents communications and records dealing with grievances shall be filed separately from personnel files

7 Forms to be used in the grievance procedure shall be provided by the superintendent and the Organization copies of which are attached to this contract (See Appendix B)

8 The Organization shall be given the opportunity to be represented at all steps of the grievance procedure beyond the Informal Level

9 The number of days indicated at each level will be considered as maximum The time limits may be extended by mutual and written agreement of the parties

10 All proceedings shall be kept as confidential as possible

11 Any grievance filed at Formal Level One before the expiration date of this contract shall be processed to resolution under this procedure and terms of this contract

12 In the event that an arbitrator sustains a grievance alleging underpayment of salary the arbitrator shall have the authority to award back pay for up to 24 months prior to the date the grievance was filed

13 At each level of the grievance procedure an Organization representative and one additional witness for each party will be allowed to be present If the Organization representative and witness are present during the work day it shall be without loss of pay In the alternative the grievance meeting may be scheduled before or after the school day however the

5

Conttlld Btw Tri-Cruk School Corpotlltion and Tri-Cruk Teachbull Organization Effectiv January 12009

Organization may request a continuance of the meeting if an Organization representative is not available

IV EVALUATION

A Administration Responsibility

The evaluation of the work of all teachers IS the responsibility of the administration

B Notice

All teachers shall be informed about the evaluation procedure and instruments used within the first two (2) weeks of the school year or during the orientation period for new teachers The school administration will inform the teacher of the administrator who will be designated as evaluator or in the case of multi-building assignment the names of the evaluators An evaluator may be substituted for cause giving two (2) weeks notice to the teacher

C Instrument

During the time period in B above a blank copy of the appropriate evaluation instrument will be given to each new teacher and to all teachers if the instrument has been revised

D Observation

Informal and formal observations of teacher performance shall be conducted with the knowledge of the teacher Teachers shall be given notice of one formal observation no later than the day before the observation occurs

E Self-Evaluation

1 Prior to the administrative evaluation each teacher may be presented a self-evaluation device to complete and discuss with the administrative evaluator

2 This will be utilized as an educational device for the improvement of instruction

F Written evaluations shall be based upon and preceded by observations

1 Class observations shall take place at least once before written evaluation takes place

2 The teacher will confer with the evaluator within five (5) school days of the date that the formal classroom observation takes place to review the written observation and the completed evaluation This time may be extended by mutual agreement

3 If an administrator identifies a weakness in a teachers performance the administrator shall so inform the teacher and the administrator shall make specific recommendations for improvement The teacher recognizes hislher obligation to make a good faith effort to implement the specific recommended strategies for improvement in the area ofweakness

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ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

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Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

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Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

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Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

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EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

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Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

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Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

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ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

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COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

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Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

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Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

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Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

XVII MID-CONTRACT LANGUAGE ALTERATIONS BY CONTRACT MAINTENANCE COMMITTEE (CMC) 36

XVIII EFFECT OF THE CONTRACT 39 A Tenn of the Contract 39 B Zipper Clause 39 C Effect of the Contract 39 D Severability 39 E Coverage 39 F Execution and Effective Date 40

APPENDIX A 41 Salary Schedule Extra-Duty Pay and Fringe Benefits for the Tenn of the Contract 41 A Salary Schedule 42 B Extra-Duty Pay Schedule 44 C Insurances49

APPENDIX B 51 Grievance Fonns 52 A Submission of Grievance Fonn 52 B Disposition of Grievance Fonn 53

APPENDIX C 54 Certification Renewal Units (CRUs) 55 A Certification Renewal Units (CRUs) 55

APPENDIX D 56 Family Illness Leave Loan Bank Application 57

APPENDIX E 58 Unfunded Retirement Liabilities 59 Supplemental S 199 Funding 59

Contract Btween Tri-Ck School Corpontion and Tri-Ck T ch Organization Effective January 12009

I RECOGNITION

A Parties

This contract is by and between the Tri-Creek Board of School Trustees of TrishyCreek School Corporation (Board or the School Corporation) and the TrishyCreek Teachers Organization an affiliate of the Indiana State Teachers Association and the National Education Association (Organization or TCTO)

B Bargaining Unit

The bargaining unit shall mean all certified school employees as defined by Ie 20-29-1-1 et seq except for the superintendent assistant superintendents director of operations director of instruction principals assistant principals athletic director and full-time administrators with corporation-wide responsibilities_

C Recognition

The Board recognizes the Organization as the exclusive representative for certified school employees in the bargaining unit in accordance with IC 20-29-1shy1 et seq

D Board Rights

The Organization recognizes that except as specifically limited by the agreements in this contract the Board has the responsibility and the authority to manage and direct in behalf of the public the operation and activities of the school corporation to the full extent authorized by law

II ORGANIZATION RIGHTS

A Use of Facilities

The Organization will be permitted to use school facilities for meetings The Organization will follow the normal scheduling procedures for the use of the facilities in each building

B Organization Business

Representatives of the Organization may transact official Organization business on school property

1 If the business interferes with normal school operations approval of the principal must be obtained

2 The Organization shall notifY building principals of all building representatives in a timely fashion

C Permission to Use Equipment

1 The Organization will be permitted to use the schools office audio-visual equipment document production and imaging equipment computers and ancillary equipment school Internet access and the school corporation e-mail system As technology advances Organization access to new equipment or new systems will need to be arranged with each building principal The Organization will comply with Board policy and building procedures in the use of technology

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Controct Between Tri-Ck School Corpo tion and Tri-Ck Tuch Organization ElFetlive January 12009

2 Notice of use shall be given to the principal

3 The Organization shall use said equipment only when such equipment is not otherwise in use

4 The Organization assumes fair responsibility for damage to said equipment while representatives are using it The building representative will see that teachers who operate the equipment for the Organization are fully qualified to do so

5 The Organization shall supply all consumable materials it uses adhering to the standards outlined by the machine manufacturers

6 Service employees will not be used during their normal working hours for Organization business unless as a part of Board policy or school procedure

7 The Organization shall have reasonable access to the school corporation telephone equipment Access to telephone equipment shall be limited to local calls 800 numbers and credit card calls

D Bulletin Boards

Each school shall provide space on a teachers bulletin board for Organization announcements

E Inter-School Mail Service

1 The Organization may use the inter-school mail service which originates in the Tri-Creek School Corporation office

2 The Organization may use the teachers mailboxes in the individual buildings in Tri-Creek School Corporation

F Organization Procedures

1 No teacher will be discriminated against in regard to hours wages or terms and conditions of employment because of hisher participation in Organization activities as covered in IC 20-29-1-1 et seq

2 Upon request of the Organization president the Board shall provide to the Organization information relevant to salary and fringe benefits grievance processing under this contract and the names telephone numbers except declared unlisted numbers and addresses of all members of the bargaining unit

G TCTO Officials Board Meeting Agendas and Opening Day Agenda

1 The school employer shall continue the current practice of providing agendas of school board meetings to TCTO officials during the school year including mailing a copy of the agendas to the TCTO president(s) during the summer break

2 Prior to the beginning of the school year the Organization shall notifY the superintendent of the names and titles of Organization officials

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Conlrbullbullt Between Tri-Cruk School Corporation and Tri-Cruk Teachen Organization Errective January I ZOO9

3 The Organization shall be allowed to be on the agenda for any first-day mass meeting of Tri-Creek School Corporation teachers

III GRIEVANCE PROCEDURE

A Definitions

1 This Grievance Procedure (Procedure) stipulates the conditions under and procedures by which grievances alleged by members of the bargaining unit shall be processed

2 A grievance is a claim of an alleged violation misinterpretation or misapplication ofan article section or clause of this contract with the exception of the Article XVII process and resulting contract changes

3 A grievant is a teacher group of teachers or the Organization having a claim

S Purpose

The purpose of this Procedure is to secure at the lowest possible administrative level an equitable solution to grievances which may arise from time to time

C Informal Level

1 An informal meeting between the building principal and the involved teacher will be held prior to the filing of a formal grievance in an attempt to resolve the problem

2 If two or more teachers from the same building plan to sign the same claim a representative will be selected from the group to hold the informal meeting with the building principal

3 A teacher may discuss the alleged grievance with the building principal and may have an Organization representative with himlher at the meeting In the latter case the principal shall receive prior notice and may have another administrator attend the meeting to be held at a mutually agreed time

D Formal Level One

1 A grievant shall file the alleged grievance in writing with the building principal within twenty (20) school days of the time the teacher knew or reasonably should have known of the event which gave rise to the alleged grievance The grievance form shall be handed to the principal or his designee in person (See Appendix B)

2 Within seven (7) school days after receipt of the grievance form the principal will render a decision

E Formal Level Two

I If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within seven (7) school days the grievant shall file the grievance with the superintendent or hislher designee within seven (7) school days after the receipt of the disposition at Formal Level One

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Conlnllletwetn Tri-Ck Shool Corporation and Tri-Creek Teahen Organization Elfedive January I 2009

The grievance form shall be handed to the superintendent or hislher designee in person

2 Within eight (8) school days after receipt of the grievance form the superintendent will meet with the grievant in an effort to resolve the alleged grievance

3 Within seven (7) school days from the meeting with the grievant the superintendent will render a decision

F Formal Level Three

1 The Organization shall serve written notice to the superintendent of its intent to arbitrate by submitting a copy of its Request for Arbitration Panel from the Federal Mediation and Conciliation Service (FMCS) within fifteen (15) work days after receiving the Formal Level Two answer The Board recognizes the right of the Organization to initiate a request for a panel submission and that FMCS is authorized to provide the panel upon the request provided however that the school corporation does not waive its right to argue a subject matter is outside the scope of the grievance procedure

Following submission of a panel of arbitrators to each party by the FMCS a representative of each party shall within five (5) days of receipt of the panel cross off the names of any arbitrators who are unacceptable and number the names of those remaining in order of preference with one being the first choice two being the second choice and so on down the line Within seven (7) days of receipt of the panel from FMCS the two representatives shall confer either in person or by phone for the purpose of selecting the arbitrator The arbitrators whose names have been crossed out by either party shall not be appointed The numerical ratings of the remaining arbitrators shall be added together with the arbitrator who will hear the case unless that arbitrator disqualifies himselflherself In this event the arbitrator with the next lower total numerical rating will be requested to hear the case This procedure shall be followed until an arbitrator is selected

The conduct of all proceedings shall be in accord with the code of Professional Responsibility for Arbitrators of Labor-Management Disputes as adopted by the National Academy of Arbitrators the American Arbitration Association and the FMCS

2 Arbitration Provisions

a The arbitrator shall have no power to rule on the termination of services or failure to re-employ any school employee to a position on the extra-duty pay schedule

b The arbitrator shall have no power to make any decision or recommendation inconsistent with the law or the terms and conditions of this contract

c The arbitrator shall have no power to alter add to or subtract from

4

Contract Between Tri-C k School Corporation ADd Tri-Ck Teachn Organization Effective January 12009

the terms of this contract

d Both parties shall share equally in the cost of the arbitrators personal fees and hislher expenses

G General Provisions

1 The grievant will indicate on the grievance form the article section or clause ofthe contract alleged to be violated misinterpreted or misapplied

2 A grievance may be withdrawn at any time by a written statement by the grievant to the Organization building principal and superintendent

3 In the event a grievance is filed after May 15 every effort will be made to process the grievance at Formal Level One within five (5) school days If the grievance cannot be resolved within five (5) school days then it will be processed to the next level

4 In the event any grievance is processed following the regular school year all reference to school days shall be construed to mean week days

5 The grievant the Organization the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level Decisions rendered at Formal Level One and Two of this Procedure shall be in writing

6 All documents communications and records dealing with grievances shall be filed separately from personnel files

7 Forms to be used in the grievance procedure shall be provided by the superintendent and the Organization copies of which are attached to this contract (See Appendix B)

8 The Organization shall be given the opportunity to be represented at all steps of the grievance procedure beyond the Informal Level

9 The number of days indicated at each level will be considered as maximum The time limits may be extended by mutual and written agreement of the parties

10 All proceedings shall be kept as confidential as possible

11 Any grievance filed at Formal Level One before the expiration date of this contract shall be processed to resolution under this procedure and terms of this contract

12 In the event that an arbitrator sustains a grievance alleging underpayment of salary the arbitrator shall have the authority to award back pay for up to 24 months prior to the date the grievance was filed

13 At each level of the grievance procedure an Organization representative and one additional witness for each party will be allowed to be present If the Organization representative and witness are present during the work day it shall be without loss of pay In the alternative the grievance meeting may be scheduled before or after the school day however the

5

Conttlld Btw Tri-Cruk School Corpotlltion and Tri-Cruk Teachbull Organization Effectiv January 12009

Organization may request a continuance of the meeting if an Organization representative is not available

IV EVALUATION

A Administration Responsibility

The evaluation of the work of all teachers IS the responsibility of the administration

B Notice

All teachers shall be informed about the evaluation procedure and instruments used within the first two (2) weeks of the school year or during the orientation period for new teachers The school administration will inform the teacher of the administrator who will be designated as evaluator or in the case of multi-building assignment the names of the evaluators An evaluator may be substituted for cause giving two (2) weeks notice to the teacher

C Instrument

During the time period in B above a blank copy of the appropriate evaluation instrument will be given to each new teacher and to all teachers if the instrument has been revised

D Observation

Informal and formal observations of teacher performance shall be conducted with the knowledge of the teacher Teachers shall be given notice of one formal observation no later than the day before the observation occurs

E Self-Evaluation

1 Prior to the administrative evaluation each teacher may be presented a self-evaluation device to complete and discuss with the administrative evaluator

2 This will be utilized as an educational device for the improvement of instruction

F Written evaluations shall be based upon and preceded by observations

1 Class observations shall take place at least once before written evaluation takes place

2 The teacher will confer with the evaluator within five (5) school days of the date that the formal classroom observation takes place to review the written observation and the completed evaluation This time may be extended by mutual agreement

3 If an administrator identifies a weakness in a teachers performance the administrator shall so inform the teacher and the administrator shall make specific recommendations for improvement The teacher recognizes hislher obligation to make a good faith effort to implement the specific recommended strategies for improvement in the area ofweakness

6

ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

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Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

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Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

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Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

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EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

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Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

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Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Contract Btween Tri-Ck School Corpontion and Tri-Ck T ch Organization Effective January 12009

I RECOGNITION

A Parties

This contract is by and between the Tri-Creek Board of School Trustees of TrishyCreek School Corporation (Board or the School Corporation) and the TrishyCreek Teachers Organization an affiliate of the Indiana State Teachers Association and the National Education Association (Organization or TCTO)

B Bargaining Unit

The bargaining unit shall mean all certified school employees as defined by Ie 20-29-1-1 et seq except for the superintendent assistant superintendents director of operations director of instruction principals assistant principals athletic director and full-time administrators with corporation-wide responsibilities_

C Recognition

The Board recognizes the Organization as the exclusive representative for certified school employees in the bargaining unit in accordance with IC 20-29-1shy1 et seq

D Board Rights

The Organization recognizes that except as specifically limited by the agreements in this contract the Board has the responsibility and the authority to manage and direct in behalf of the public the operation and activities of the school corporation to the full extent authorized by law

II ORGANIZATION RIGHTS

A Use of Facilities

The Organization will be permitted to use school facilities for meetings The Organization will follow the normal scheduling procedures for the use of the facilities in each building

B Organization Business

Representatives of the Organization may transact official Organization business on school property

1 If the business interferes with normal school operations approval of the principal must be obtained

2 The Organization shall notifY building principals of all building representatives in a timely fashion

C Permission to Use Equipment

1 The Organization will be permitted to use the schools office audio-visual equipment document production and imaging equipment computers and ancillary equipment school Internet access and the school corporation e-mail system As technology advances Organization access to new equipment or new systems will need to be arranged with each building principal The Organization will comply with Board policy and building procedures in the use of technology

1

Controct Between Tri-Ck School Corpo tion and Tri-Ck Tuch Organization ElFetlive January 12009

2 Notice of use shall be given to the principal

3 The Organization shall use said equipment only when such equipment is not otherwise in use

4 The Organization assumes fair responsibility for damage to said equipment while representatives are using it The building representative will see that teachers who operate the equipment for the Organization are fully qualified to do so

5 The Organization shall supply all consumable materials it uses adhering to the standards outlined by the machine manufacturers

6 Service employees will not be used during their normal working hours for Organization business unless as a part of Board policy or school procedure

7 The Organization shall have reasonable access to the school corporation telephone equipment Access to telephone equipment shall be limited to local calls 800 numbers and credit card calls

D Bulletin Boards

Each school shall provide space on a teachers bulletin board for Organization announcements

E Inter-School Mail Service

1 The Organization may use the inter-school mail service which originates in the Tri-Creek School Corporation office

2 The Organization may use the teachers mailboxes in the individual buildings in Tri-Creek School Corporation

F Organization Procedures

1 No teacher will be discriminated against in regard to hours wages or terms and conditions of employment because of hisher participation in Organization activities as covered in IC 20-29-1-1 et seq

2 Upon request of the Organization president the Board shall provide to the Organization information relevant to salary and fringe benefits grievance processing under this contract and the names telephone numbers except declared unlisted numbers and addresses of all members of the bargaining unit

G TCTO Officials Board Meeting Agendas and Opening Day Agenda

1 The school employer shall continue the current practice of providing agendas of school board meetings to TCTO officials during the school year including mailing a copy of the agendas to the TCTO president(s) during the summer break

2 Prior to the beginning of the school year the Organization shall notifY the superintendent of the names and titles of Organization officials

2

Conlrbullbullt Between Tri-Cruk School Corporation and Tri-Cruk Teachen Organization Errective January I ZOO9

3 The Organization shall be allowed to be on the agenda for any first-day mass meeting of Tri-Creek School Corporation teachers

III GRIEVANCE PROCEDURE

A Definitions

1 This Grievance Procedure (Procedure) stipulates the conditions under and procedures by which grievances alleged by members of the bargaining unit shall be processed

2 A grievance is a claim of an alleged violation misinterpretation or misapplication ofan article section or clause of this contract with the exception of the Article XVII process and resulting contract changes

3 A grievant is a teacher group of teachers or the Organization having a claim

S Purpose

The purpose of this Procedure is to secure at the lowest possible administrative level an equitable solution to grievances which may arise from time to time

C Informal Level

1 An informal meeting between the building principal and the involved teacher will be held prior to the filing of a formal grievance in an attempt to resolve the problem

2 If two or more teachers from the same building plan to sign the same claim a representative will be selected from the group to hold the informal meeting with the building principal

3 A teacher may discuss the alleged grievance with the building principal and may have an Organization representative with himlher at the meeting In the latter case the principal shall receive prior notice and may have another administrator attend the meeting to be held at a mutually agreed time

D Formal Level One

1 A grievant shall file the alleged grievance in writing with the building principal within twenty (20) school days of the time the teacher knew or reasonably should have known of the event which gave rise to the alleged grievance The grievance form shall be handed to the principal or his designee in person (See Appendix B)

2 Within seven (7) school days after receipt of the grievance form the principal will render a decision

E Formal Level Two

I If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within seven (7) school days the grievant shall file the grievance with the superintendent or hislher designee within seven (7) school days after the receipt of the disposition at Formal Level One

3

Conlnllletwetn Tri-Ck Shool Corporation and Tri-Creek Teahen Organization Elfedive January I 2009

The grievance form shall be handed to the superintendent or hislher designee in person

2 Within eight (8) school days after receipt of the grievance form the superintendent will meet with the grievant in an effort to resolve the alleged grievance

3 Within seven (7) school days from the meeting with the grievant the superintendent will render a decision

F Formal Level Three

1 The Organization shall serve written notice to the superintendent of its intent to arbitrate by submitting a copy of its Request for Arbitration Panel from the Federal Mediation and Conciliation Service (FMCS) within fifteen (15) work days after receiving the Formal Level Two answer The Board recognizes the right of the Organization to initiate a request for a panel submission and that FMCS is authorized to provide the panel upon the request provided however that the school corporation does not waive its right to argue a subject matter is outside the scope of the grievance procedure

Following submission of a panel of arbitrators to each party by the FMCS a representative of each party shall within five (5) days of receipt of the panel cross off the names of any arbitrators who are unacceptable and number the names of those remaining in order of preference with one being the first choice two being the second choice and so on down the line Within seven (7) days of receipt of the panel from FMCS the two representatives shall confer either in person or by phone for the purpose of selecting the arbitrator The arbitrators whose names have been crossed out by either party shall not be appointed The numerical ratings of the remaining arbitrators shall be added together with the arbitrator who will hear the case unless that arbitrator disqualifies himselflherself In this event the arbitrator with the next lower total numerical rating will be requested to hear the case This procedure shall be followed until an arbitrator is selected

The conduct of all proceedings shall be in accord with the code of Professional Responsibility for Arbitrators of Labor-Management Disputes as adopted by the National Academy of Arbitrators the American Arbitration Association and the FMCS

2 Arbitration Provisions

a The arbitrator shall have no power to rule on the termination of services or failure to re-employ any school employee to a position on the extra-duty pay schedule

b The arbitrator shall have no power to make any decision or recommendation inconsistent with the law or the terms and conditions of this contract

c The arbitrator shall have no power to alter add to or subtract from

4

Contract Between Tri-C k School Corporation ADd Tri-Ck Teachn Organization Effective January 12009

the terms of this contract

d Both parties shall share equally in the cost of the arbitrators personal fees and hislher expenses

G General Provisions

1 The grievant will indicate on the grievance form the article section or clause ofthe contract alleged to be violated misinterpreted or misapplied

2 A grievance may be withdrawn at any time by a written statement by the grievant to the Organization building principal and superintendent

3 In the event a grievance is filed after May 15 every effort will be made to process the grievance at Formal Level One within five (5) school days If the grievance cannot be resolved within five (5) school days then it will be processed to the next level

4 In the event any grievance is processed following the regular school year all reference to school days shall be construed to mean week days

5 The grievant the Organization the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level Decisions rendered at Formal Level One and Two of this Procedure shall be in writing

6 All documents communications and records dealing with grievances shall be filed separately from personnel files

7 Forms to be used in the grievance procedure shall be provided by the superintendent and the Organization copies of which are attached to this contract (See Appendix B)

8 The Organization shall be given the opportunity to be represented at all steps of the grievance procedure beyond the Informal Level

9 The number of days indicated at each level will be considered as maximum The time limits may be extended by mutual and written agreement of the parties

10 All proceedings shall be kept as confidential as possible

11 Any grievance filed at Formal Level One before the expiration date of this contract shall be processed to resolution under this procedure and terms of this contract

12 In the event that an arbitrator sustains a grievance alleging underpayment of salary the arbitrator shall have the authority to award back pay for up to 24 months prior to the date the grievance was filed

13 At each level of the grievance procedure an Organization representative and one additional witness for each party will be allowed to be present If the Organization representative and witness are present during the work day it shall be without loss of pay In the alternative the grievance meeting may be scheduled before or after the school day however the

5

Conttlld Btw Tri-Cruk School Corpotlltion and Tri-Cruk Teachbull Organization Effectiv January 12009

Organization may request a continuance of the meeting if an Organization representative is not available

IV EVALUATION

A Administration Responsibility

The evaluation of the work of all teachers IS the responsibility of the administration

B Notice

All teachers shall be informed about the evaluation procedure and instruments used within the first two (2) weeks of the school year or during the orientation period for new teachers The school administration will inform the teacher of the administrator who will be designated as evaluator or in the case of multi-building assignment the names of the evaluators An evaluator may be substituted for cause giving two (2) weeks notice to the teacher

C Instrument

During the time period in B above a blank copy of the appropriate evaluation instrument will be given to each new teacher and to all teachers if the instrument has been revised

D Observation

Informal and formal observations of teacher performance shall be conducted with the knowledge of the teacher Teachers shall be given notice of one formal observation no later than the day before the observation occurs

E Self-Evaluation

1 Prior to the administrative evaluation each teacher may be presented a self-evaluation device to complete and discuss with the administrative evaluator

2 This will be utilized as an educational device for the improvement of instruction

F Written evaluations shall be based upon and preceded by observations

1 Class observations shall take place at least once before written evaluation takes place

2 The teacher will confer with the evaluator within five (5) school days of the date that the formal classroom observation takes place to review the written observation and the completed evaluation This time may be extended by mutual agreement

3 If an administrator identifies a weakness in a teachers performance the administrator shall so inform the teacher and the administrator shall make specific recommendations for improvement The teacher recognizes hislher obligation to make a good faith effort to implement the specific recommended strategies for improvement in the area ofweakness

6

ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

7

Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

9

Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

12

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

13

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

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Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

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ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Controct Between Tri-Ck School Corpo tion and Tri-Ck Tuch Organization ElFetlive January 12009

2 Notice of use shall be given to the principal

3 The Organization shall use said equipment only when such equipment is not otherwise in use

4 The Organization assumes fair responsibility for damage to said equipment while representatives are using it The building representative will see that teachers who operate the equipment for the Organization are fully qualified to do so

5 The Organization shall supply all consumable materials it uses adhering to the standards outlined by the machine manufacturers

6 Service employees will not be used during their normal working hours for Organization business unless as a part of Board policy or school procedure

7 The Organization shall have reasonable access to the school corporation telephone equipment Access to telephone equipment shall be limited to local calls 800 numbers and credit card calls

D Bulletin Boards

Each school shall provide space on a teachers bulletin board for Organization announcements

E Inter-School Mail Service

1 The Organization may use the inter-school mail service which originates in the Tri-Creek School Corporation office

2 The Organization may use the teachers mailboxes in the individual buildings in Tri-Creek School Corporation

F Organization Procedures

1 No teacher will be discriminated against in regard to hours wages or terms and conditions of employment because of hisher participation in Organization activities as covered in IC 20-29-1-1 et seq

2 Upon request of the Organization president the Board shall provide to the Organization information relevant to salary and fringe benefits grievance processing under this contract and the names telephone numbers except declared unlisted numbers and addresses of all members of the bargaining unit

G TCTO Officials Board Meeting Agendas and Opening Day Agenda

1 The school employer shall continue the current practice of providing agendas of school board meetings to TCTO officials during the school year including mailing a copy of the agendas to the TCTO president(s) during the summer break

2 Prior to the beginning of the school year the Organization shall notifY the superintendent of the names and titles of Organization officials

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Conlrbullbullt Between Tri-Cruk School Corporation and Tri-Cruk Teachen Organization Errective January I ZOO9

3 The Organization shall be allowed to be on the agenda for any first-day mass meeting of Tri-Creek School Corporation teachers

III GRIEVANCE PROCEDURE

A Definitions

1 This Grievance Procedure (Procedure) stipulates the conditions under and procedures by which grievances alleged by members of the bargaining unit shall be processed

2 A grievance is a claim of an alleged violation misinterpretation or misapplication ofan article section or clause of this contract with the exception of the Article XVII process and resulting contract changes

3 A grievant is a teacher group of teachers or the Organization having a claim

S Purpose

The purpose of this Procedure is to secure at the lowest possible administrative level an equitable solution to grievances which may arise from time to time

C Informal Level

1 An informal meeting between the building principal and the involved teacher will be held prior to the filing of a formal grievance in an attempt to resolve the problem

2 If two or more teachers from the same building plan to sign the same claim a representative will be selected from the group to hold the informal meeting with the building principal

3 A teacher may discuss the alleged grievance with the building principal and may have an Organization representative with himlher at the meeting In the latter case the principal shall receive prior notice and may have another administrator attend the meeting to be held at a mutually agreed time

D Formal Level One

1 A grievant shall file the alleged grievance in writing with the building principal within twenty (20) school days of the time the teacher knew or reasonably should have known of the event which gave rise to the alleged grievance The grievance form shall be handed to the principal or his designee in person (See Appendix B)

2 Within seven (7) school days after receipt of the grievance form the principal will render a decision

E Formal Level Two

I If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within seven (7) school days the grievant shall file the grievance with the superintendent or hislher designee within seven (7) school days after the receipt of the disposition at Formal Level One

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Conlnllletwetn Tri-Ck Shool Corporation and Tri-Creek Teahen Organization Elfedive January I 2009

The grievance form shall be handed to the superintendent or hislher designee in person

2 Within eight (8) school days after receipt of the grievance form the superintendent will meet with the grievant in an effort to resolve the alleged grievance

3 Within seven (7) school days from the meeting with the grievant the superintendent will render a decision

F Formal Level Three

1 The Organization shall serve written notice to the superintendent of its intent to arbitrate by submitting a copy of its Request for Arbitration Panel from the Federal Mediation and Conciliation Service (FMCS) within fifteen (15) work days after receiving the Formal Level Two answer The Board recognizes the right of the Organization to initiate a request for a panel submission and that FMCS is authorized to provide the panel upon the request provided however that the school corporation does not waive its right to argue a subject matter is outside the scope of the grievance procedure

Following submission of a panel of arbitrators to each party by the FMCS a representative of each party shall within five (5) days of receipt of the panel cross off the names of any arbitrators who are unacceptable and number the names of those remaining in order of preference with one being the first choice two being the second choice and so on down the line Within seven (7) days of receipt of the panel from FMCS the two representatives shall confer either in person or by phone for the purpose of selecting the arbitrator The arbitrators whose names have been crossed out by either party shall not be appointed The numerical ratings of the remaining arbitrators shall be added together with the arbitrator who will hear the case unless that arbitrator disqualifies himselflherself In this event the arbitrator with the next lower total numerical rating will be requested to hear the case This procedure shall be followed until an arbitrator is selected

The conduct of all proceedings shall be in accord with the code of Professional Responsibility for Arbitrators of Labor-Management Disputes as adopted by the National Academy of Arbitrators the American Arbitration Association and the FMCS

2 Arbitration Provisions

a The arbitrator shall have no power to rule on the termination of services or failure to re-employ any school employee to a position on the extra-duty pay schedule

b The arbitrator shall have no power to make any decision or recommendation inconsistent with the law or the terms and conditions of this contract

c The arbitrator shall have no power to alter add to or subtract from

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Contract Between Tri-C k School Corporation ADd Tri-Ck Teachn Organization Effective January 12009

the terms of this contract

d Both parties shall share equally in the cost of the arbitrators personal fees and hislher expenses

G General Provisions

1 The grievant will indicate on the grievance form the article section or clause ofthe contract alleged to be violated misinterpreted or misapplied

2 A grievance may be withdrawn at any time by a written statement by the grievant to the Organization building principal and superintendent

3 In the event a grievance is filed after May 15 every effort will be made to process the grievance at Formal Level One within five (5) school days If the grievance cannot be resolved within five (5) school days then it will be processed to the next level

4 In the event any grievance is processed following the regular school year all reference to school days shall be construed to mean week days

5 The grievant the Organization the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level Decisions rendered at Formal Level One and Two of this Procedure shall be in writing

6 All documents communications and records dealing with grievances shall be filed separately from personnel files

7 Forms to be used in the grievance procedure shall be provided by the superintendent and the Organization copies of which are attached to this contract (See Appendix B)

8 The Organization shall be given the opportunity to be represented at all steps of the grievance procedure beyond the Informal Level

9 The number of days indicated at each level will be considered as maximum The time limits may be extended by mutual and written agreement of the parties

10 All proceedings shall be kept as confidential as possible

11 Any grievance filed at Formal Level One before the expiration date of this contract shall be processed to resolution under this procedure and terms of this contract

12 In the event that an arbitrator sustains a grievance alleging underpayment of salary the arbitrator shall have the authority to award back pay for up to 24 months prior to the date the grievance was filed

13 At each level of the grievance procedure an Organization representative and one additional witness for each party will be allowed to be present If the Organization representative and witness are present during the work day it shall be without loss of pay In the alternative the grievance meeting may be scheduled before or after the school day however the

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Conttlld Btw Tri-Cruk School Corpotlltion and Tri-Cruk Teachbull Organization Effectiv January 12009

Organization may request a continuance of the meeting if an Organization representative is not available

IV EVALUATION

A Administration Responsibility

The evaluation of the work of all teachers IS the responsibility of the administration

B Notice

All teachers shall be informed about the evaluation procedure and instruments used within the first two (2) weeks of the school year or during the orientation period for new teachers The school administration will inform the teacher of the administrator who will be designated as evaluator or in the case of multi-building assignment the names of the evaluators An evaluator may be substituted for cause giving two (2) weeks notice to the teacher

C Instrument

During the time period in B above a blank copy of the appropriate evaluation instrument will be given to each new teacher and to all teachers if the instrument has been revised

D Observation

Informal and formal observations of teacher performance shall be conducted with the knowledge of the teacher Teachers shall be given notice of one formal observation no later than the day before the observation occurs

E Self-Evaluation

1 Prior to the administrative evaluation each teacher may be presented a self-evaluation device to complete and discuss with the administrative evaluator

2 This will be utilized as an educational device for the improvement of instruction

F Written evaluations shall be based upon and preceded by observations

1 Class observations shall take place at least once before written evaluation takes place

2 The teacher will confer with the evaluator within five (5) school days of the date that the formal classroom observation takes place to review the written observation and the completed evaluation This time may be extended by mutual agreement

3 If an administrator identifies a weakness in a teachers performance the administrator shall so inform the teacher and the administrator shall make specific recommendations for improvement The teacher recognizes hislher obligation to make a good faith effort to implement the specific recommended strategies for improvement in the area ofweakness

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ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

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Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

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Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

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Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

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Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

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EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

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Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

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Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

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ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

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Conlrbullbullt Between Tri-Cruk School Corporation and Tri-Cruk Teachen Organization Errective January I ZOO9

3 The Organization shall be allowed to be on the agenda for any first-day mass meeting of Tri-Creek School Corporation teachers

III GRIEVANCE PROCEDURE

A Definitions

1 This Grievance Procedure (Procedure) stipulates the conditions under and procedures by which grievances alleged by members of the bargaining unit shall be processed

2 A grievance is a claim of an alleged violation misinterpretation or misapplication ofan article section or clause of this contract with the exception of the Article XVII process and resulting contract changes

3 A grievant is a teacher group of teachers or the Organization having a claim

S Purpose

The purpose of this Procedure is to secure at the lowest possible administrative level an equitable solution to grievances which may arise from time to time

C Informal Level

1 An informal meeting between the building principal and the involved teacher will be held prior to the filing of a formal grievance in an attempt to resolve the problem

2 If two or more teachers from the same building plan to sign the same claim a representative will be selected from the group to hold the informal meeting with the building principal

3 A teacher may discuss the alleged grievance with the building principal and may have an Organization representative with himlher at the meeting In the latter case the principal shall receive prior notice and may have another administrator attend the meeting to be held at a mutually agreed time

D Formal Level One

1 A grievant shall file the alleged grievance in writing with the building principal within twenty (20) school days of the time the teacher knew or reasonably should have known of the event which gave rise to the alleged grievance The grievance form shall be handed to the principal or his designee in person (See Appendix B)

2 Within seven (7) school days after receipt of the grievance form the principal will render a decision

E Formal Level Two

I If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within seven (7) school days the grievant shall file the grievance with the superintendent or hislher designee within seven (7) school days after the receipt of the disposition at Formal Level One

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Conlnllletwetn Tri-Ck Shool Corporation and Tri-Creek Teahen Organization Elfedive January I 2009

The grievance form shall be handed to the superintendent or hislher designee in person

2 Within eight (8) school days after receipt of the grievance form the superintendent will meet with the grievant in an effort to resolve the alleged grievance

3 Within seven (7) school days from the meeting with the grievant the superintendent will render a decision

F Formal Level Three

1 The Organization shall serve written notice to the superintendent of its intent to arbitrate by submitting a copy of its Request for Arbitration Panel from the Federal Mediation and Conciliation Service (FMCS) within fifteen (15) work days after receiving the Formal Level Two answer The Board recognizes the right of the Organization to initiate a request for a panel submission and that FMCS is authorized to provide the panel upon the request provided however that the school corporation does not waive its right to argue a subject matter is outside the scope of the grievance procedure

Following submission of a panel of arbitrators to each party by the FMCS a representative of each party shall within five (5) days of receipt of the panel cross off the names of any arbitrators who are unacceptable and number the names of those remaining in order of preference with one being the first choice two being the second choice and so on down the line Within seven (7) days of receipt of the panel from FMCS the two representatives shall confer either in person or by phone for the purpose of selecting the arbitrator The arbitrators whose names have been crossed out by either party shall not be appointed The numerical ratings of the remaining arbitrators shall be added together with the arbitrator who will hear the case unless that arbitrator disqualifies himselflherself In this event the arbitrator with the next lower total numerical rating will be requested to hear the case This procedure shall be followed until an arbitrator is selected

The conduct of all proceedings shall be in accord with the code of Professional Responsibility for Arbitrators of Labor-Management Disputes as adopted by the National Academy of Arbitrators the American Arbitration Association and the FMCS

2 Arbitration Provisions

a The arbitrator shall have no power to rule on the termination of services or failure to re-employ any school employee to a position on the extra-duty pay schedule

b The arbitrator shall have no power to make any decision or recommendation inconsistent with the law or the terms and conditions of this contract

c The arbitrator shall have no power to alter add to or subtract from

4

Contract Between Tri-C k School Corporation ADd Tri-Ck Teachn Organization Effective January 12009

the terms of this contract

d Both parties shall share equally in the cost of the arbitrators personal fees and hislher expenses

G General Provisions

1 The grievant will indicate on the grievance form the article section or clause ofthe contract alleged to be violated misinterpreted or misapplied

2 A grievance may be withdrawn at any time by a written statement by the grievant to the Organization building principal and superintendent

3 In the event a grievance is filed after May 15 every effort will be made to process the grievance at Formal Level One within five (5) school days If the grievance cannot be resolved within five (5) school days then it will be processed to the next level

4 In the event any grievance is processed following the regular school year all reference to school days shall be construed to mean week days

5 The grievant the Organization the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level Decisions rendered at Formal Level One and Two of this Procedure shall be in writing

6 All documents communications and records dealing with grievances shall be filed separately from personnel files

7 Forms to be used in the grievance procedure shall be provided by the superintendent and the Organization copies of which are attached to this contract (See Appendix B)

8 The Organization shall be given the opportunity to be represented at all steps of the grievance procedure beyond the Informal Level

9 The number of days indicated at each level will be considered as maximum The time limits may be extended by mutual and written agreement of the parties

10 All proceedings shall be kept as confidential as possible

11 Any grievance filed at Formal Level One before the expiration date of this contract shall be processed to resolution under this procedure and terms of this contract

12 In the event that an arbitrator sustains a grievance alleging underpayment of salary the arbitrator shall have the authority to award back pay for up to 24 months prior to the date the grievance was filed

13 At each level of the grievance procedure an Organization representative and one additional witness for each party will be allowed to be present If the Organization representative and witness are present during the work day it shall be without loss of pay In the alternative the grievance meeting may be scheduled before or after the school day however the

5

Conttlld Btw Tri-Cruk School Corpotlltion and Tri-Cruk Teachbull Organization Effectiv January 12009

Organization may request a continuance of the meeting if an Organization representative is not available

IV EVALUATION

A Administration Responsibility

The evaluation of the work of all teachers IS the responsibility of the administration

B Notice

All teachers shall be informed about the evaluation procedure and instruments used within the first two (2) weeks of the school year or during the orientation period for new teachers The school administration will inform the teacher of the administrator who will be designated as evaluator or in the case of multi-building assignment the names of the evaluators An evaluator may be substituted for cause giving two (2) weeks notice to the teacher

C Instrument

During the time period in B above a blank copy of the appropriate evaluation instrument will be given to each new teacher and to all teachers if the instrument has been revised

D Observation

Informal and formal observations of teacher performance shall be conducted with the knowledge of the teacher Teachers shall be given notice of one formal observation no later than the day before the observation occurs

E Self-Evaluation

1 Prior to the administrative evaluation each teacher may be presented a self-evaluation device to complete and discuss with the administrative evaluator

2 This will be utilized as an educational device for the improvement of instruction

F Written evaluations shall be based upon and preceded by observations

1 Class observations shall take place at least once before written evaluation takes place

2 The teacher will confer with the evaluator within five (5) school days of the date that the formal classroom observation takes place to review the written observation and the completed evaluation This time may be extended by mutual agreement

3 If an administrator identifies a weakness in a teachers performance the administrator shall so inform the teacher and the administrator shall make specific recommendations for improvement The teacher recognizes hislher obligation to make a good faith effort to implement the specific recommended strategies for improvement in the area ofweakness

6

ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

7

Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

9

Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

12

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

13

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

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ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Conlnllletwetn Tri-Ck Shool Corporation and Tri-Creek Teahen Organization Elfedive January I 2009

The grievance form shall be handed to the superintendent or hislher designee in person

2 Within eight (8) school days after receipt of the grievance form the superintendent will meet with the grievant in an effort to resolve the alleged grievance

3 Within seven (7) school days from the meeting with the grievant the superintendent will render a decision

F Formal Level Three

1 The Organization shall serve written notice to the superintendent of its intent to arbitrate by submitting a copy of its Request for Arbitration Panel from the Federal Mediation and Conciliation Service (FMCS) within fifteen (15) work days after receiving the Formal Level Two answer The Board recognizes the right of the Organization to initiate a request for a panel submission and that FMCS is authorized to provide the panel upon the request provided however that the school corporation does not waive its right to argue a subject matter is outside the scope of the grievance procedure

Following submission of a panel of arbitrators to each party by the FMCS a representative of each party shall within five (5) days of receipt of the panel cross off the names of any arbitrators who are unacceptable and number the names of those remaining in order of preference with one being the first choice two being the second choice and so on down the line Within seven (7) days of receipt of the panel from FMCS the two representatives shall confer either in person or by phone for the purpose of selecting the arbitrator The arbitrators whose names have been crossed out by either party shall not be appointed The numerical ratings of the remaining arbitrators shall be added together with the arbitrator who will hear the case unless that arbitrator disqualifies himselflherself In this event the arbitrator with the next lower total numerical rating will be requested to hear the case This procedure shall be followed until an arbitrator is selected

The conduct of all proceedings shall be in accord with the code of Professional Responsibility for Arbitrators of Labor-Management Disputes as adopted by the National Academy of Arbitrators the American Arbitration Association and the FMCS

2 Arbitration Provisions

a The arbitrator shall have no power to rule on the termination of services or failure to re-employ any school employee to a position on the extra-duty pay schedule

b The arbitrator shall have no power to make any decision or recommendation inconsistent with the law or the terms and conditions of this contract

c The arbitrator shall have no power to alter add to or subtract from

4

Contract Between Tri-C k School Corporation ADd Tri-Ck Teachn Organization Effective January 12009

the terms of this contract

d Both parties shall share equally in the cost of the arbitrators personal fees and hislher expenses

G General Provisions

1 The grievant will indicate on the grievance form the article section or clause ofthe contract alleged to be violated misinterpreted or misapplied

2 A grievance may be withdrawn at any time by a written statement by the grievant to the Organization building principal and superintendent

3 In the event a grievance is filed after May 15 every effort will be made to process the grievance at Formal Level One within five (5) school days If the grievance cannot be resolved within five (5) school days then it will be processed to the next level

4 In the event any grievance is processed following the regular school year all reference to school days shall be construed to mean week days

5 The grievant the Organization the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level Decisions rendered at Formal Level One and Two of this Procedure shall be in writing

6 All documents communications and records dealing with grievances shall be filed separately from personnel files

7 Forms to be used in the grievance procedure shall be provided by the superintendent and the Organization copies of which are attached to this contract (See Appendix B)

8 The Organization shall be given the opportunity to be represented at all steps of the grievance procedure beyond the Informal Level

9 The number of days indicated at each level will be considered as maximum The time limits may be extended by mutual and written agreement of the parties

10 All proceedings shall be kept as confidential as possible

11 Any grievance filed at Formal Level One before the expiration date of this contract shall be processed to resolution under this procedure and terms of this contract

12 In the event that an arbitrator sustains a grievance alleging underpayment of salary the arbitrator shall have the authority to award back pay for up to 24 months prior to the date the grievance was filed

13 At each level of the grievance procedure an Organization representative and one additional witness for each party will be allowed to be present If the Organization representative and witness are present during the work day it shall be without loss of pay In the alternative the grievance meeting may be scheduled before or after the school day however the

5

Conttlld Btw Tri-Cruk School Corpotlltion and Tri-Cruk Teachbull Organization Effectiv January 12009

Organization may request a continuance of the meeting if an Organization representative is not available

IV EVALUATION

A Administration Responsibility

The evaluation of the work of all teachers IS the responsibility of the administration

B Notice

All teachers shall be informed about the evaluation procedure and instruments used within the first two (2) weeks of the school year or during the orientation period for new teachers The school administration will inform the teacher of the administrator who will be designated as evaluator or in the case of multi-building assignment the names of the evaluators An evaluator may be substituted for cause giving two (2) weeks notice to the teacher

C Instrument

During the time period in B above a blank copy of the appropriate evaluation instrument will be given to each new teacher and to all teachers if the instrument has been revised

D Observation

Informal and formal observations of teacher performance shall be conducted with the knowledge of the teacher Teachers shall be given notice of one formal observation no later than the day before the observation occurs

E Self-Evaluation

1 Prior to the administrative evaluation each teacher may be presented a self-evaluation device to complete and discuss with the administrative evaluator

2 This will be utilized as an educational device for the improvement of instruction

F Written evaluations shall be based upon and preceded by observations

1 Class observations shall take place at least once before written evaluation takes place

2 The teacher will confer with the evaluator within five (5) school days of the date that the formal classroom observation takes place to review the written observation and the completed evaluation This time may be extended by mutual agreement

3 If an administrator identifies a weakness in a teachers performance the administrator shall so inform the teacher and the administrator shall make specific recommendations for improvement The teacher recognizes hislher obligation to make a good faith effort to implement the specific recommended strategies for improvement in the area ofweakness

6

ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

7

Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

9

Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

12

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

13

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Contract Between Tri-C k School Corporation ADd Tri-Ck Teachn Organization Effective January 12009

the terms of this contract

d Both parties shall share equally in the cost of the arbitrators personal fees and hislher expenses

G General Provisions

1 The grievant will indicate on the grievance form the article section or clause ofthe contract alleged to be violated misinterpreted or misapplied

2 A grievance may be withdrawn at any time by a written statement by the grievant to the Organization building principal and superintendent

3 In the event a grievance is filed after May 15 every effort will be made to process the grievance at Formal Level One within five (5) school days If the grievance cannot be resolved within five (5) school days then it will be processed to the next level

4 In the event any grievance is processed following the regular school year all reference to school days shall be construed to mean week days

5 The grievant the Organization the building principal and the superintendent shall receive a copy of the grievance and its disposition at each level Decisions rendered at Formal Level One and Two of this Procedure shall be in writing

6 All documents communications and records dealing with grievances shall be filed separately from personnel files

7 Forms to be used in the grievance procedure shall be provided by the superintendent and the Organization copies of which are attached to this contract (See Appendix B)

8 The Organization shall be given the opportunity to be represented at all steps of the grievance procedure beyond the Informal Level

9 The number of days indicated at each level will be considered as maximum The time limits may be extended by mutual and written agreement of the parties

10 All proceedings shall be kept as confidential as possible

11 Any grievance filed at Formal Level One before the expiration date of this contract shall be processed to resolution under this procedure and terms of this contract

12 In the event that an arbitrator sustains a grievance alleging underpayment of salary the arbitrator shall have the authority to award back pay for up to 24 months prior to the date the grievance was filed

13 At each level of the grievance procedure an Organization representative and one additional witness for each party will be allowed to be present If the Organization representative and witness are present during the work day it shall be without loss of pay In the alternative the grievance meeting may be scheduled before or after the school day however the

5

Conttlld Btw Tri-Cruk School Corpotlltion and Tri-Cruk Teachbull Organization Effectiv January 12009

Organization may request a continuance of the meeting if an Organization representative is not available

IV EVALUATION

A Administration Responsibility

The evaluation of the work of all teachers IS the responsibility of the administration

B Notice

All teachers shall be informed about the evaluation procedure and instruments used within the first two (2) weeks of the school year or during the orientation period for new teachers The school administration will inform the teacher of the administrator who will be designated as evaluator or in the case of multi-building assignment the names of the evaluators An evaluator may be substituted for cause giving two (2) weeks notice to the teacher

C Instrument

During the time period in B above a blank copy of the appropriate evaluation instrument will be given to each new teacher and to all teachers if the instrument has been revised

D Observation

Informal and formal observations of teacher performance shall be conducted with the knowledge of the teacher Teachers shall be given notice of one formal observation no later than the day before the observation occurs

E Self-Evaluation

1 Prior to the administrative evaluation each teacher may be presented a self-evaluation device to complete and discuss with the administrative evaluator

2 This will be utilized as an educational device for the improvement of instruction

F Written evaluations shall be based upon and preceded by observations

1 Class observations shall take place at least once before written evaluation takes place

2 The teacher will confer with the evaluator within five (5) school days of the date that the formal classroom observation takes place to review the written observation and the completed evaluation This time may be extended by mutual agreement

3 If an administrator identifies a weakness in a teachers performance the administrator shall so inform the teacher and the administrator shall make specific recommendations for improvement The teacher recognizes hislher obligation to make a good faith effort to implement the specific recommended strategies for improvement in the area ofweakness

6

ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

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Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

9

Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

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EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

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Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

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Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

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ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Conttlld Btw Tri-Cruk School Corpotlltion and Tri-Cruk Teachbull Organization Effectiv January 12009

Organization may request a continuance of the meeting if an Organization representative is not available

IV EVALUATION

A Administration Responsibility

The evaluation of the work of all teachers IS the responsibility of the administration

B Notice

All teachers shall be informed about the evaluation procedure and instruments used within the first two (2) weeks of the school year or during the orientation period for new teachers The school administration will inform the teacher of the administrator who will be designated as evaluator or in the case of multi-building assignment the names of the evaluators An evaluator may be substituted for cause giving two (2) weeks notice to the teacher

C Instrument

During the time period in B above a blank copy of the appropriate evaluation instrument will be given to each new teacher and to all teachers if the instrument has been revised

D Observation

Informal and formal observations of teacher performance shall be conducted with the knowledge of the teacher Teachers shall be given notice of one formal observation no later than the day before the observation occurs

E Self-Evaluation

1 Prior to the administrative evaluation each teacher may be presented a self-evaluation device to complete and discuss with the administrative evaluator

2 This will be utilized as an educational device for the improvement of instruction

F Written evaluations shall be based upon and preceded by observations

1 Class observations shall take place at least once before written evaluation takes place

2 The teacher will confer with the evaluator within five (5) school days of the date that the formal classroom observation takes place to review the written observation and the completed evaluation This time may be extended by mutual agreement

3 If an administrator identifies a weakness in a teachers performance the administrator shall so inform the teacher and the administrator shall make specific recommendations for improvement The teacher recognizes hislher obligation to make a good faith effort to implement the specific recommended strategies for improvement in the area ofweakness

6

ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

7

Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

9

Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

12

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

13

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

ContraCl Betwetn Tri-Creek School Corporalion and Tri-Creek Teache Organization Errectiv January 12009

4 No observations will be held the week before Christmas Break or Spring Break unless by mutual agreement In the case of a first- or second-year teacher this mutual agreement shall be between the teacher the evaluator and the TCTO representative from the teachers building

G Number ofEvaluations

1 Permanent teachers shall be evaluated a minimum of once during a three school year period but may be evaluated or observed each school year and semi-permanent teachers shall be evaluated twice each school year A permanent teacher may request and mayor may not be granted an additional evaluation andor observation in any school year One additional evaluation will be permitted at the discretion of the administration once each school year

2 Teachers who have submitted their letter of intent to retire need not be evaluated in their last year of employment

3 If a written evaluation results in a recommendation of non-retention or dismissal the teacher involved may request and shall then receive one additional classroom observation written evaluation and conference

4 The request for additional classroom observations written evaluation and conference shall be made in writing within six (6) days of the evaluation conference

H Conference Instrument

At the beginning of the conference the teacher shall be given a copy of the completed evaluation instrument

1 Documentation

A teacher will be given a copy of all written evaluation documents prepared or collected by the building principal or hisher designee which are to be retained or passed along The teacher shall have the right to submit a written response to any evaluation document which shall be included as a part of the record

J Professional Development Model

All certified teaching personnel of the Tri-Creek School Corporation are continuously appraised in four areas of professional performance standards based on current research These areas are as follows

1 Planning and Preparation

2 Climate for Learning

3 Instruction

4 Being a Professional

There are three different strands of participation (involvement) that recognize the needs ofteachers as individuals

Strand 1 Induction and Orientation - Teachers with less than three full years of experience or teachers in their first year of service to Tri-Creek

7

Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

9

Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

12

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

13

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Contract Between Tri-Cr k School Corporation and Tri-Creek Teachen Organization ElTective January 12009

Strand 2 Professional Development - Teachers with three or more years of service in Tri-Creek schools or recently hired teachers who have more than three years ofexperience and have completed one year in Strand 1

Strand 3 Support and Assistance - In the event that on the basis of the building principals assessment the teachers performance falls below acceptable standards a teacher may be notified through a formal conference and in writing of the specific concerns that result in that teachers assignment to this strand

Each of the strands provides appropriate opportunities and support for continuous growth and development as a professional educator

Indiana Code IC-20-2S-11-S sets forth the basic requirements for the Tri-Creek plan for professional growth and performance assessment of each certified member of the school district

The complete Teacher Evaluation A Professional Development Model can be found in a separate document

K Modifications

In the event that either party desires to modify the current written evaluation instrument the following procedure shall apply

1 Written notice will be given to the other party at least twenty (20) work days prior to the proposed meeting

2 Each party shall select three (3) representatives to develop a mutually agreed upon instrument The evaluative instrument produced by this committee is subject to the ratification ofeach party

L Due Process Rights

A non-permanent teacher shall have five (5) school days after receipt of a notice of pending non-renewal to request a hearing before the Board Upon written request the teacher shall be given a fair and impartial hearing before the Board

An employee shall not be reprimanded (with job jeopardy attaching) suspended or discharged without just cause

M Test Scores

ISTEP+ test scores may not be used to evaluate the performance of any teacher Standardized test scores shall not be considered a determinant of the performance ofany teacher

V ASSIGNMENTS TRANSFERS VACANCIES AND REDUCTIONS

A Definitions

1 An assignment is denoted by the specific grade level in elementary school or the specific courses in a subject area in middle or high school Assignment change occurs within the same bUilding

2 A position is denoted by the age level (high school middle school or elementary school) and the subject area (usually for middle and high school only)

S

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

9

Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

12

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

13

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Contract Betwee Trick Sthool Corporation and T Crbullbullk T hbull Organization Effective January 12001

3 A transfer means a change from one building to another

4 Seniority is defined as the employees years of teaching experience in the Tri-Creek School Corporation from the last date of hire and is not interrupted by an approved leave of absence A part-time employee with sixty (60) days of teaching experience but less than 120 days of such experience will be given one-half years credit toward seniority An employee with 120 days of teaching experience or more will receive full credit for the year of service The foregoing part-time standards will be used solely for the purpose of seniority and not be applicable to tenure or salary determinations In the case of a tie in seniority the earliest date of birth will be considered more senior

One corporation-wide seniority list based upon the foregoing definition of seniority will be established and published on January 15th of each school year A teacher will have twenty (20) work days to challenge hislher placement on the seniority list If no challenge is made during this period the teacher waives the right to further challenge hisher placement This list shall contain names certification area(s) and date of last employment in the school corporation This seniority list shall be posted in each faculty lounge and shall be mailed to the TCTO president

B Reductions in Force

1 If a teacher reduction in the Corporation is unavoidable the criteria for reductions the Board will consider shall be certification and seniority

2 A teacher who is thus reduced and who seeks a vacant or new position for which heshe is certified shall be given the position

3 Teachers who have been laid off will be recalled in reverse order to layoff to fill openings for which they are qualified

4 A permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of four (4) years from the date of the notice of layoff A semi-permanent or non-permanent teacher who requests to be placed on the recall list in writing will remain on the recall list for a period of two (2) years from the date of the notice of layoff

5 When a person on the recall list is notified by registered mail of an available position the person so notified shall within one week state in writing that the position will be accepted and they will be available to fill the position within thirty (30) days of notification Failure to respond to a recall notice or refusal of a position for which the person is licensed constitutes a waiver of any rights to notification of a recall under this article except that a teacher who is disabled and provides certification will have the right of the first offer of recall to the next available position in hislher licensed areas

9

Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

12

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

13

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Contract Between Tri-Creek School Corporation and Tri-Cretk Teache Oanizalion Elfecllve January 1100

C Chronology

1 During the spring semester teachers will be given a TransferChange of Assignment Request Form to state preferences in writing for building position and assignment Teachers desiring a change to another building or grade level shall attach a copy of the form to a formal letter requesting the change The teacher will send the letter and the copy of the form to the superintendent and the principal of the building to which the teacher requests a transfer The administration shall notify every teacher of these tentative assignments before the end of the spring semester

2 As vacancies andor newly created positions in the bargaining unit occur they will be listed on a bulletin which will be given to a designated building representative in each building The administration will develop a posting system for vacancies which is accessible to the bargaining unit

3 Postings for vacant or new positions shall also state the tentative assignment

4 Teachers desiring to change to the assignment of a vacancy or new position or teachers desiring a voluntary transfer to the building with the vacancy or new position shall make application in the Office of the Superintendent of Schools within four (4) school days after the posting of the bulletin (C-2) or within one (1) week if between the last day of the spring semester and thirty (30) days prior to the first teacher day of the new school year

5 The building administrator shall give priority consideration first to current teachers seeking a change in assignment in the same building and then to current teachers seeking a voluntary transfer before hiring new teachers in the Corporation In the case of such transfers

a Teachers requesting transfers will be interviewed by the building principal

b The principal of the school to which a transfer is requested shall have the option to reject or accept any teacher requesting transfer

c Any teacher requesting transfer shall be notified in writing of the decision pertaining to the request The teacher may request a conference with the principal concerning denial of transfer A TCTO representative may be present

d No reprisal shall be taken against any teacher requesting a transfer

6 If a reduction in the number of classes necessitates an involuntary transfer the teacher with the least seniority in the area of certification being reduced shall be transferred

The teacher being reduced at grade level or subject area will replace a teacher with the least corporation seniority in the area of certification in the building

10

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

12

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

13

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

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Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Contract Between Tri-crk School Corporation and Tri-Creek Teache Organization [lIeclive January I 2009

7 Any teacher being involuntarily transferred will be assigned a position for which heshe is certified If two or more involuntarily transferred teachers seek the job seniority shall determine who receives it

8 For vacancies or new positions posted thirty (30) days before the first teacher day of the new school year the hiring administrator may expedite the process by telephoning those who did not receive their preference in Cshy1 above The posting requirement shall be eliminated Teachers desiring these notices shall leave a current telephone number on file in the superintendents office

D General

1 Regularly assigned teachers may be used as substitutes or in lieu of special teachers only upon voluntary agreement ofthe teachers involved

2 Involuntary transfers shall be made only when necessary and in a manner to prevent undue disruption of the instructional program

3 During the summer information on available positions shall be available in the superintendent office

4 The Organization president or hisher designee shall receive copies of vacancy or new position notices occurring during the summer

VI TEACHERS HOURS

A Definitions

1 Teacher day Length of the teachers contracted day

2 Student day Instructional day for students

3 Faculty meeting Meeting called by the building administrator

B Regular Teaching Day

1 Teachers shall be at their assigned stations or classrooms for the fifteen (15) minutes immediately prior to the beginning of the student day Teaching station shall mean the area where the teacher is assigned to provide instruction training preparation or supervision

2 After students are dismissed

a Teachers shall be at their teaching station or classroom for the first ten (10) minutes

b On Fridays or days preceding holidays or vacations teachers may leave five (5) minutes after student dismissal Teachers may be required to supervise up to ten (10) minutes beyond the aforementioned five (5) minute period Teachers who provide such supervision shall receive compensatory time by being permitted to leave ten (10) minutes early on a day of the teachers choice so long as the teacher fulfills hislher classroom responsibilities The administration shall first seek volunteers to fill the ten (10) minute supervisory duties on Fridays or preceding holidays or vacations

11

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

12

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

13

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Conlraet Between Tri-Creek Scbool Corporation and Tri-Creek Teachn Organization Effective January 12009

3 Teachers shall be scheduled for at least a 30-minute duty-free lunch period within the regular school day

4 Preparation time shall be blocks of at least twenty (20) minutes without students

C Length of the Teacher Day

The regular teaching day for teachers encompasses the following daily schedule

1 7 hours and 30 minutes for grades 6 through 12 (if grade 5 is moved to the middle school grades 5 through 12)

2 7 hours and 15 minutes for grades K through 5 (if grade 5 is moved to the middle school grades K through 4)

The only exception to this will be on those days building faculty meetings are held

D Faculty Meetings

Teachers will remain after the regular teacher day to attend faculty meetings The limit on these meetings per school year will be the equivalent of nine one-hour meetings The length of any meeting may be extended by mutual consent The teacher day may be extended up to 1 hour per month for faculty meetings Committee meetings for which the teacher volunteered eg school improvement textbook curriculum report card etc are exempt from the one hour limit

E School Year

During the term of the contract the number of teacher contract days for each school year shall be 185 Representatives of the TCTO and the school employer will meet annually to discuss the school calendar

F After School

Attendance of teachers at such activities as PTA meetings open houses (except as required specifically elsewhere in the Agreement) plays concerts athletic events etc shall be encouraged by the Organization and the Board However attendance at these activities shall be at the option of the individual teacher

G ECA Participation

Teacher participation in extra-curricular activities is voluntary

H Closings

If during the term of this contract the schools are closed by order of the School Corporation or by order of the Health Department or if school cannot be held through no fault of the teacher then the teacher shall receive regular payments during that time as provided under IC 20-28-9-15 and 20-28-9-16 or as amended

1 Preparation Time

Full-time teachers shall be scheduled for preparation time as follows

1 Kindergarten teachers - 150 minutes per week

12

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

13

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

EIftibullbull January 12009Coolet Btw_ Tri-Cnek Sehool COrp tiOD and Tri-Cnek T bullbullbullhbull Organization

2 Elementary teachers (1-5) - 225 minutes per week (when grade 5 is moved to the middle school and self-contained grades 1 through 5)

3 Secondary teachers (6-12) - 300 minutes per week (when grade 5 is moved to the middle school and not self-contained grades 5 through 12)

J Substitutes

The Board shall make every reasonable effort to employ qualified certificated substitutes for any absent teacher

K Open House Back-to-School Nights

All teachers may be required to attend open houses or back-to-school nights No more than two such open houses or back-to-school nights will be held each school year Every effort will be made to limit an open house or back-to-school night to no more than a two-hour period The dates of the scheduled events shall be announced no later than October 15 of each school year Teachers may be excused from open houses or back-to-school nights due to conflicts with graduate work attendance at their childs school events and other reasons specifically approved by the teachers building principal Teachers on approved leave are excused

VII TEACHING LOAD

A Maximums

The maximum number of pupils per teacher shall be as follows for elementary classes

K - 3rd grade 27 4th - 5th grade 30 (when grade 5 is moved to the middle school and selfshycontained 30)

B Team Teaching Double Classes

In team teaching or double class instruction situations the maximum number of A above shall mean the ratio of students per teacher For example 90 fourthshygrade students could be assigned to three (3) teachers for team teaching

C Emergencies

In emergencies or in unusual circumstances which were not reasonably predictable preceding each school year the foregoing limits may be modified after the ADM count day in September to the extent necessary to avoid a split-grade class or to accommodate an unforeseen change in enrollment or in distribution by boundary

VIII TEACHING CONDITIONS

A Keys

Each teacher shall be provided with a key to his classroom a lockable area and storage space When school is not in session access to the building shall be through the building principal

13

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Contract Betwn Tri-Creek School Corporation and Tri-Crtek Teach bull Organization Elfettlbullbull January I 2001

B Lunchroom

There shall be available in each building one (1) room for lunchroomlounge (for adults) and restroom facilities

C Construction

When future buildings are being considered committees of teachers shall be formed to aid in gathering ideas and planning for the new structure All curriculum areas shall be represented on the committee

D Telephones

Telephone facilities sufficiently private for parent school or personal calls shall be made available

E Recess

Elementary recess duty shall not exceed 45 minutes per week per teacher The only exception shall be for special teachers

F Least Restrictive Environment

1 A regular classroom teacher who has a special education student assigned to hislher class shall be invited to attend the case conference and shall be included upon the teachers request In grades 6 through 12 one of the regular classroom teachers to whom the special education student is assigned may be designated to represent the other teachers An effort will be made to schedule a case conference during the regular teachers day

2 Except in cases of an emergency no regular classroom teacher shall be required to perform such related service as assisting in the personal hygiene of the student administering medicine lifting the student performing medical procedures or physical therapy

3 The school administration shall provide IEPs to the receiving teacher(s) as soon as practicable after receipt of such LEP

IX SUMMER SCHOOL AND NIGHT SCHOOL

A Posting

All openings for summer and night school shall be posted in each school building as vacancies become known or are created but in all cases at least five (5) working days before the position is permanently filled Applications must be submitted within four (4) working days ofthe posting of the notice Teachers who have applied for such summer and night school positions shall be notified in writing of the action taken regarding their applications

B Staffing

Positions in summer and night school shall be filled first by teachers regularly employed in the school corporation during the regular school term who possess a regular teaching certificate or endorsement and who meet posted qualifications

14

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Contract Uemeen Tri-Creek Scbool Corporation and Tri-Ck Teabers Organization Effective January 12009

C Staffing Criteria

Where more than one (1) member of the bargaining unit applies for a position in summer or night school for which they are properly certificated the following criteria shall be used

1 Summer or night school years of experience in the subject area being offered

2 Summer school years of experience or night school years of experience

3 School corporation seniority

D Contracting

A teacher of summer andor night school shall be issued a Supplemental Service Teachers Contract and shall be paid for each hour of instruction at an hourly rate based on hislher regular teachers contract This hourly rate shall be computed using the number of teaching days in the teachers regular teaching contract the teachers contract salary and a six (6) hour day

E Leaves

Teachers of summer programs shall receive one (1) additional sick leave day which if unused shall be added to the teachers sick leave accumulation Any sick leave days used during the summer school sessions shall be deducted in halfshyday increments or at the teachers discretion pay may be docked at the teachers rate of pay

X PROFESSIONAL DEVELOPMENT amp EDUCATIONAL IMPROVEMENT

A College Attendance

1 The Board will pay in a lump sum $300 not to exceed $2750 in any school year for each three (3) semester hours taken beyond the masters degree or life license

2 The maximum number of semester hours compensated at the above rates in anyone (1) school year will be three (3) per teacher

3 The payment for the college attendance reimbursement will be paid upon submission of a claim on the next Board claim docket

4 Such education for middle school and high school teachers shall be in the teachers areas of certification and for elementary teachers shall be related to the area in which the teacher is teaching

5 Course work which does not meet the conditions of A-4 immediately above may qualify under this article with the superintendents written approval The request for approval shall include a rationale for relating the course to the area in which the teacher is teaching

6 A transcript of courses must be on file in the Superintendents Office before the additional money will be paid

15

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Contract Between Tri-C k Sthool Corporation and Tri-Creek T the Organization Effective January I 2009

B Attendance at Professional Meetings or Educational Seminars

1 Teachers will be granted leave for the purpose of visiting other schools or attending meetings or conferences of an educational nature

2 Request for approval for such attendance shall be in writing to the superintendent through the principal at least five (5) school days prior to the event

3 When approval is given the superintendent will designate which fees are to be paid Eligible for approval are attendance fees lodging and food and automobile mileage with Lowell as the point of origin for figuring mileage Reimbursement for approved expenses will be made within 30 days of the teachers submission of receipts to the central office Payment shall be made in a check which is separate from the teachers paycheck and as reimbursement for a business expense the School Corporation shall not make any withholdings from the check

4 The number of teachers allowed to leave at anyone time will be determined by the superintendent

C Mileage

Shall be at the current IRS rate The rate shall be established each July 1

XI DISCIPLINARY PROCEDURES

A Student Discipline

1 The Board recognizes that it is imperative to give administrative backing and support to teachers in matters ofdiscipline

2 The Board will provide teachers with information and guidelines with respect to implementation of and procedures for the student due process law

3 The teacher bears the primary responsibility for maintaining control and discipline in the classroom

4 The teacher shall report to the principal the names of students who are special discipline problems

5 When a child is sent to the principal the principal or hislher representative shall advise the teacher of the action taken

B AssaultLiability

1 Any case of assault on a teacher shall be promptly reported in writing to the principal with a copy to the superintendent

2 The principal andor superintendent shall notify and where appropriate make arrangements with proper authorities to provide advice to the teacher concerning possible steps to take to fulfill such teachers rights and responsibilities The Organization shall be invited to be present when the notification is made

16

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

ElJective Jnuary 12009Cootract B_een Tri-Crtek School Corporation and Tri-Crtek Te bullbullhen Organization

3 The members of the bargaining unit will be listed as an additional insured on the Boards general liability insurance policy

XII ACADEMIC FREEDOM

A Traditions Freedoms and Values

It is important that young people be educated in the democratic traditions individual freedoms social responsibilities awareness of and respect for the Constitution and the Bill ofRights and the values of the individual personality

B Application

Academic freedom shall be granted to teachers in the study investigation and interpretation of facts and ideas insofar as such facts and ideas reflect state and local prescribed courses of study

C Professionalism

Further such academic freedom shall be subject to reasonable standards of professional responsibility with regard for the maturity level of the student laws of the State of Indiana Board rules and regulations and this contract

D Classroom

Classrooms shall be run in a democratic fashion with the needs of all children taken into consideration In keeping with the above philosophy children shall be able to study and progress in such a manner as to strengthen their individuality

XIII RETIREMENT FUNDED AND UNFUNDED

(The following Article XIII A through C memorializes the independent contract cited in Article XIII AI and is provided herein only for informational convenience purposes)

A Effective Date Census Class and Liquidation of Benefits

1 Effective Date and Census Class

The following amendments are made to the contract dated January 1 2005 between the Tri-Creek School Corporation Board of School Trustees (Board) and the Tri-Creek Classroom Teachers Association (Association) signed this 11th day of May 2006 shall be effective June 1 2006 The amendments shall be effective with respect to the Census Class of any 2000-0 I teacher on the 2005shy06 staff

2 Liquidation of Prior Retirement and Other Defined Benefits (Article XIII A B C and Article XIII D(5raquo

The Board and the Association specifically reserved the authority to revise or terminate the defined benefits contained in earlier agreements Exercising this authority the Board and the Association now confirm that Article XIII Sections A B C and D (5) described in the prior agreement are terminated and shall not apply to any teacher retiring or severing employment after June 1 2006 of the 2005-06 school year except as otherwise specifically provided in this Supplemental Agreement A teacher who retired or severed employment before the effective date of this agreement shall only be entitled to the retirement benefits contained in the prior agreement as of the time of his or her retirement

17

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Conlrad Between Tri-Cnek Stbool Corporation and Tri-C k T bullbulltbbull Organization EfIectiv Janury 11009

An exception to the aforementioned eligibility is found in Section C3 below

B Liquidation and Vesting Requirements

Upon retirement from Tri-Creek School Corporation (School Corporation) a teacher shall be fully vested in the individual liquidated amounts described in this Article if the retiring teacher has satisfied the following requirements

1 Threshold for Vesting Immediately prior to retirement through the Indiana State Teachers Retirement Fund (lSTRF) the teacher must have completed not less than 20 years of teaching the last 10 of which were with the Tri-Creek School Corporation and be qualified for normal unreduced teacher retirement (age 55 as of June 30 the year of retirement) A teacher retiring pursuant to ISTRF Disability or a permanent teacher that is RlFed and not recalled within the provisions set forth in Article V of the Bargained Agreement is not required to meet the above threshold ofeligibility

2 Notice The retiring teacher must submit a written unconditional and irrevocable letter of retirement to the Superintendent no later than March Ist the year of retirement However in the event a teacher is unable to give the required notice because of an accident ill health or for another unforeseen reason the Board may accept the teachers late letter of retirement

3 Actuarial Determination of Value of the Current Retirement Bridge McCready and Keene Inc (Indianapolis Indiana) an actuarial firm has been selected to determine the buy-out present value of the unfunded retirement defined benefits described in the prior agreements in making this present value determination for dispersal of funds to individual teachers

a The assumed interest rate for the purpose of determining the present value is 40 percent (40) for the first three years and 765 percent (765) thereafter

b It is assumed that an employee terminates employment at the end of the school year in which the employee attains age fifty-nine (59) or at the end of the current year if the individual is already age fifty-nine (59) or older If an employee continues employment after the attainment of age fifty-nine (59) the employee does continue to receive all ongoing board contributions to the 401 (a) and VEBA and the employee does continue to share in any future forfeitures

c The Boards contribution to the annual post-retirement health insurance premiums will be assumed to be three thousand one hundred seventy-five dollars and sixty-eight cents ($317568) and no further increase in this annual cost is to be assumed Furthermore payments will be deemed to terminate when the individual would otherwise be eligible for Medicare

d The anticipated amount of the retirement bridge shall be determined using the amount ofannual benefit described in Section B of Article XIII of the prior agreement However it is assumed that individuals do not retire until the later of (1) the attainment of

18

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

COIItract Betw Tri-Crk Shool Corporation and Tri-Crook T hen OrpniutioD Effectibullbull January 12009

age fifty-nine (59) or (2) satisfaction of the eligibility requirements of Part B of this Supplemental Agreement

e Using the method of calculation described in Article XIII of the prior agreement the severance benefit for each employee will be determined subject to the following adjustments

(1) For purposes of the calculations projections of future sick leave accumulation shall be based upon 30th day of June 2001 plus eight (8) days for each year prior to attainment of the age of 59

(2) The employees years of service will be increased by one (1) year for each year prior to attainment of the age of 59

f The turnover rate assumption shall be the actuarial assumption computed by McCready and Keene Inc

g Employees hired after the 30th day of June 2001 shall not be entitled to any payment for the eliminated retirement bridge or severance benefits In other words no severancelbridge contribution shall be made for individuals hired or rehired on or after the 30th day of June 2001 Employees hired after July 1 2001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 12001

h The present value of the severance benefits and early retirement under the prior agreement shall be calculated effective as of the 30th day of June 2006

4 Employees hired after July 12001 shall not be entitled to any payment for the eliminated Retirement Defined Benefits Program (old Article XIII A-C) No contribution shall be made for individuals hired or rehired on or after July 1 2001 (See g immediately above)

5 Amounts forfeited by a teacher upon termination of employment because of the failure to meet the applicable vesting requirements shall not be reinstated or reshycredited if an individual is subsequently rehired or re-employed by the school corporation However if the Board approves a leave of absence for an employee such period of leave shall not result in forfeiture provided the employee shall promptly return to employment following the expiration of the period of leave Promptly return shall mean the beginning the subsequent school year or thereafter at the sole discretion of the Board

6 The present value of the defined benefits Article XIII under the prior agreement shall be calculated effective as of 6302006 for the Census Class

7 To confirm the accuracy of the underlying information to be used in the present value dispersal calculations each teacher shall be provided by the 10th day of May 2006 with his or her basic data that will be used in the calculations including but not limited to the following information as of June 30 2006 age date of birth and years of service McCready and Keene Inc shall assist in the preparation of this verification sheet for each teacher The Administration will

19

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Conlract Between Tri-Creek School Corporation and TrimiddotCreek Teachers Organization Elfectibullbull Sanuary 1 2009

have the responsibility to forward the verification sheets to the respective teachers Any corrections must be returned to the Central Administration in writing on or before the 15th day of May 2006 as final calculations will be prepared and the contributions hereinafter described will be commenced after such date Corrections not returned to the Association until after the 15th day of May 2006 shall be deemed knowingly waived by the teacher

Using the above assumptions and the other assumptions contained on the liquidation spreadsheet the actuary shall prepare the final present value dispersal calculations for each active teacher and the contributions described hereinafter will be made to the single source vendor

C Tax Vehicles Carve-Out Option Option Group

1 40 1 (a) Plan

The school corporation shall establish a separate qualified retirement plan as described in Section 401(a) of the Internal Revenue Code Sixty percent (60) of the total sum of the amount calculated of each individuals total dispersal amount shall be contributed by the school corporation to the 401(a) plan by the 7th day of July 2006 The vendor shall be a single source vendor The 401(a) plans terms and conditions for the administration of the 401(a) plan shall be as follows

a Separate Accounts

The amount calculated for each employee will be vested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the investment vendor for the 401(a) Plan

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement (Liquidation and Vesting Requirements) the employee shall have no authority or option other than directing investments and shall have no access to the assets held in his or her separate 401(a) plan account

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection B of this Supplemental Agreement the terminated employees 40 1 (a) plan account shall be forfeited by default The default amounts shall be reshyallocated at the end of each plan year then distributed as stated only among the then remaining separate 401(a) plan accounts for participants at the top of the salary schedule with the following employees not sharing in the re-allocation of a forfeiture ofa 401 (a) plan account

(1) Employees who forfeited their 401(a) plan accounts in the same year

(2) Employees who previously forfeited their 401(a) plan accounts

20

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Conlract Between Tri-Creek Sebonl Corporation and TrimiddotCreek Teacb Organizanon Elfectivelanuary 12009

(3) Employees who have terminated employment on or before the year of the reallocation

d Distribution and Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Supplemental Agreement a retired employee may elect to commence distributions from his 401(a) plan account If an employee dies after having satisfied the requirements of subsection B of this Article the deceased employees 401(a) plan account shall be distributable to the decedents designated beneficiary or to hislher estate if no beneficiary designation has been made At no time may a participant borrow from his 401(a) plan account

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the 401(a) plan All vendor costs incurred in the administration of the 401 (a) plan and investment fees shall be paid from the 401(a) plan assets

2 VEBA

The school corporation shall contribute to a voluntary employees beneficiary association (VEBA) as defined in Section 501(c)(9) of the Internal Revenue Code that amount representing forty percent (40) of the individuals dispersal amount as calculated for all employees under subsection B above The VEBA shall be by a single investment vendor for the VEBA who also administers the 40 1 (a) The terms and conditions for the administration and operations of the VEBA shall be as follows

a Separate Accounts

The amount calculated for each employee will be invested in a separate account There will be no co-mingling of accounts and each employee may determine how his or her account shall be invested among the investment options made available by the vendor for the VEBA

b Investing

Until such time that an employee has retired and satisfied the eligibility requirements set forth in subsection B of this Supplemental Agreement the employee shall have no access to the assets held in his or her separate VEBA account other than direct investment

c Default

If an employee retires or otherwise terminates employment before satisfaction of the requirements set forth in subsection C of this Supplemental Agreement (vesting) the terminated employees VEBA account shall be forfeited by default Defaulted amounts shall be reshyallocated at the end of each plan year only among the then remaining separate VEBA accounts to participants at the top of their salary schedule The VEBA accounts of the following employees will not share in the re-allocation of a forfeiture of a VEBA account

(1) Employees who forfeited their VEBA accounts in the same year

21

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Effective January 12009Conlract Betweetl Tri-CIftk School Corpo tion and Tri-C k Teachers Organization

(2) Employees who previously forfeited their VEBA accounts

(3) Employees who have terminated employment on or before the year ofthe reallocation

d Reimbursement Distribution Survivor Clause

Following retirement and the satisfaction of the requirements set forth in subsection B of this Article a retired employee may use the amounts held in hislher separate VEBA account to pay all amounts permitted by the IRS and the VEBA carrier including but not limited to health insurance premiums term life insurance premiums and to be reimbursed for unreimbursed medical expenses of the employee spouse and dependents Furthermore following the death of an employee who had otherwise satisfied the requirements of subsection B of this Article any amounts remaining in the deceased employees VEBA account may continue to be used to pay these premiums and expenses of the employees spouse and dependents At no time may the VEBA make loans to an employee hisher spouse or hislher dependents As a part of liquidation the retired employee who has a funded VEBA account from the buyout will be enrolled in a term life insurance policy with a face value of $10000 which will remain in effect until the retiree reaches 65 years of age funded out of Fund 62 The annual premiums for the $10000 term life plan shall be paid from

Interest earned from the investment of the $200000 will be allocated to pay for the term life insurance premium and

The parties will meet in June of 2016 to determine the funds necessary to complete the term life insurance commitment and where to allocate any surplus funds

e Expenses

The school corporation shall not be paid any compensation for its services performed on behalf of the VEBA All vendor costs incurred in the administration of the VEBA and investment fees shall be paid from the VEBA assets

3 Carve-Out

On or after the effective date of this Amendment and anytime until the total sum of $200000 is committed to be expended from Fund 062 for this option on a first participant first commitment basis subject first to seniority in Tri-Creek School Corporation a certificated school employee who is fully vested under the terms ofthe previous agreement shall have the following voluntary opportunity

a All certificated school employees who are in the Census Class (At herein) shall initially participate in the liquidation herein

b When the individual separates from employment by retirement two calculations will occur as follows

22

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Contnct Be_n TrCreek School Corporation and Tri-Creek T bullbullthen Organization ElIectiv January 12009

Calculation 1

2004-05 Retirement Severance Social Security Bridge Supplement and Retirement Health Insurance

(A) Calculate January 1 2005 Article XIII (A) Retirement Severance Benefit Under old Article XIII the amount of the Severance Benefit replaces the first year of the Social Security Bridge below ltlI1d is paid during the first twelve months of retirement in quarterly distributions The total of the Retirement Severance shall be present valued assuming a 4 rate of interest during the time the Retirement Severance Benefit is paid to the retiree

PLUS (B) Calculate January 1 2005 Article XIII Social Security

Bridge (B) (1) (2) (3) and (4) Under old Article XIII the Social Security Bridge is distributed in quarterly payments until the quarter before the retiree reaches the age of full Social Security The Social Security Bridge amount shall be present valued assuming a 4 rate of interest during the time the Social Security Bridge is paid to the retiree

PLUS (C) Calculate January 1 2005 Article XIII Retirement Health

Insurance Benefit (B) (5) Under old Article XIII the school district share of the retiree Retirement Health Insurance Benefit is $317568 The amount is paid monthly until the retiree reaches Medicare eligibility (currently age 65) The Retirement Health Insurance Benefit amount shall be present valued assuming a 4 rate of interest during the time the Retirement Health Benefit is paid to the retiree

Then sum the values of (A) (B) and (C) above of January 1 2005 Article XII (5) to generate a total retirement payment

Calculation 2

Retirement Liquidation Assets Program Herein

(A) Total value of original liquidated individual retirement VEBA and Section 401 (a) accounts Attachment 1

PLUS (B) Any redistributed default payments for Section 401(a)

PLUS (C) Any earnings on the above at a minimum of 4 per year

compounded on both

THEN

23

Contt Between Tri-Creek Sbool Corp tio and Tri-C_k Teabe Orgaization EITtive lanuary I 1001

c

d

e

f

g

h

Calculation 3

If the first calculation total ( 1) above is more than the calculation (2) total the first calculation minus the second calculation shall be deposited into the individuals 401(a) account if possible or defaulted into their VEBA account from the $20000000 CarveshyOut as described above set aside in Fund 062 until such monies are exhausted subject first to seniority in Tri-Creek School Corporation as part of the program to reduce unfunded liabilities

Prior Agreement Article XIII Option Group

The first available retirement pool is at the end of the 2005-06 school term under this plan with the fmal retirement pool at the end of the 2008-09 school term Teachers who will be eligible for normal unreduced TRF as of June 30 2009 will be allowed to elect whether their retirement will be calculated using the retirement calculation method or the prior retirement plan contained in Article XIII of the January 1 2005 agreement with a set limit of twelve (12) individuals allowed at 4 per year However any remaining slots may be filled by teachers who qualify for reduced TRF retirement on a seniority basis provided that the teacher is qualified and vested under the old plan by July 1 2009

This election must be made in writing to the Superintendent on or before May 292006 and that they reject the buyout Should more than 12 individuals apply the available slots will be filled in order of seniority based on the terms of Article XIII B 2 h of the 2005 Agreement

If a teacher is bumped from one school term retirement pool heshe will be moved to the next school term In other words teachers who do not have a slot by the end of the end of the 2008shy09 school term shall be placed in the buy-out group

Teachers who opt-out must declare the school year in which they intend to retire Seniority will ultimately determine when the teacher may retire if the year which heshe chooses has reached the maximum number of four retirees If the teacher does not qualify for any of the 12 slots the teacher will be placed in the buy-out group

If a teacher is selected for a particular school term retirement group the teacher must submit a letter of retirementresignation effective at the end of that school term

The retired teacher will be paid the severance Social Security Bridge and the medical premium supplement as provided for in

24

Contract Between Tri-Creek School Corporation and Trl-Creek Teachen Orgn tion Effective Jnury 1 2009

the Collective Bargaining Agreement in effect June 30 2005 and on the same schedule ofpayments

1 The teacher selected under the Prior Agreement Article XIII Option Group language shall forfeit any buyout payments made to the ISTA Financial Services in 401 (a) annuities and VEBA contributions in 2006 in lieu of taking the former contractual benefits

J The buyout monies assigned to the opt-out teacher shall remain in Fund 062 to satisfY former contractual payments

k Carve-out monies may not be used to satisfY opt-out payments If sufficient funds are not available in Fund 062 deferred buyout monies to pay all of the opt-out obligations monies shall be transferred annually to Fund 062 to satisfY that budget years obligations for the opt-out class This sum will be added to the building block costs in computing salaries and benefits for that budget year

D IRS Code Section 403(b) Matching Annuity and Custodial Mutual Funds Plan and Section 40 1 (a) Plan

Program The Board agrees to establish an IRS Code Section 403(b) matching annuity plan (403(b) PLAN) and Section 401(a) plan (401(a) PLAN) for all certificated employees The 403(b) PLAN and the 401(a) PLAN (collectively PLANS) include provisions allowing salary reduction contributions matching salary settlement diversion contribution matching employer contributions matching employee contributions and unmatched employer contributions Within the provisions of the IRS Code the PLANS shall be fully and immediately vested for contributions shall be portable and include the availability of loans and hardship withdrawals where applicable Employer contributions (hereinafter referred to as Diversion Match) shall be paid into the 401(a) PLAN Teacher contributions shall be paid into the 403(b) PLAN

School Corporation Section 401 (a) Contributions

By June 30 2000 the School Corporation shall have contributed five hundred dollars ($500) pro-rata based upon full time equivalency to each teachers 401(a) PLAN Teachers are not obligated to match this amount to their 403(b) Plan as a condition of receipt However the Association encourages each teacher to match the School Corporation contribution The employers 2000 contribution shall not be interpreted as establishing a continuing fringe benefit or creating a recurring expense or expectation The employers 2000 contribution shall terminate on July 12000

As of January 2001 the School Corporation shall have contributed one percent (1) based on 2000-2001 training and experience on the 2000 salary schedule (Appendix A) pro-rata by full time equivalency to each school year 2000-2001 teachers 401(a) PLAN Teachers are not obligated

25

Effectiv Jnuary 12009Coalran Btween Tri-C k School Corporation and Tri-Croek T bullbullchbull Orgnization

to match this amount to their 403(b) Plan as a condition of receipt However the Association encourages each teacher to match the School Corporation contribution The employers 2001 contribution shall not be interpreted as establishing a continuing fringe benefit or creating a recurring expense or expectation The employers contribution shall terminate on February 12001

Retroactive to January 12001 the school corporation shall contribute nine tenths of one per cent (9) based on the training and experience on the 2001 salary schedule (Appendix A amended) pro-rata by full time equivalency to the teachers Section 401(a) PLAN as an employer contribution Teachers are not obligated to match this amount in their Section 403(b) PLAN as a condition of receipt The employers 2001 contribution shall not be interpreted as establishing a continuing fringe benefit or creating a recurring expense or expectation The employers contri bution shall terminate on December 31 2001

Matching Contributions

Effective from January 1 2001 the Board by salary settlement diversion (Subsection 4 below) shall match each participating teachers like contribution of the following percents of the teachers salary schedule salary appearing on the individual teachers contract prorated for full-time equivalency (ct =cumulative total)

2001 ct 20052002 ct 2003 ct 2004 ct ct I

~ 20Diversion Match ~ +~ 10 +~ 15 +~ +~ 25 I

+~Teacher Contract ~ ~ +~ 10 15 +~ 20 +~ 25

20 40I Cumulative Total 10 I i 50i 30 I

The salary settlement diversion match as provided above and the teachers matching contribution shall continue for as long as the PLANS are in effect

Teachers employed after the 2000-2001 school year shall begin making the teacher contribution and receiving the salary diversion match at the cumulative percentage (ct) of the first year of their employment as provided above

Salary Settlement Diversion

As part of their regular PL 217 bargaining the parties will bargain the change to the salary schedule After reaching agreement ~ of the base of that agreed change shall be diverted to the 401(a) Plan for 2001 with an additional ~ diverted in each 2002 2003 2004 and 2005 calendar years for a total diversion of 25 that will continue to be part of the PLANS

26

Contract B_ Tri-Crltek School Corporltion and Tri-Cretk Teachn Organization Effective January t 1009

throughout its term After the salary settlement diversion is deducted the salary schedule for each year shall be changed by the net amount As part of the parties total compensationbenefits calculations annual diversions to the PLANS shall be included

Steering Committee

A joint Steering Committee shall be created by the parties through appointments of teachers by the Association President and administrative representatives by the Superintendent The Committee shall be charged with the responsibility of establishing the PLANS sole source vendor by mutual agreement providing training and information to participants and any other function necessary to implement the provisions of this section Further the Committee shall collaboratively develop the potential of a one-time window opportunity for a voluntary teacher severance program as an offset of the costs that result from the School Corporation Section D 2 b contributions

a Status Quo

Article XIII and Section D ofIRS Code Section 401(a) and 403(b) Matching Annuity and Custodial Mutual Funds PLAN shall be effective without change except from SB199 required alterations June 12006 to and including the 2012-2013 school year except as provided herein

b Termination

Should the parties decide to end the plan provided by this article the salary diversion in effect shall be added to the next years salary schedule without negotiations The parties understand that this salary diversion but for the 401(a) and 403(b) PLANS was and is part of the PL 217 bargained salary

E VEBA for Active Teachers for Use During Retirement

1 The Board shall establish an IRS voluntary Employee Benefit Association (VEBA) for active teachers This VEBA shall be independent of the VEBA establish as part of the retirement liquidation provisions The Board shall be gin a mandatory VEBA contribution of 5 of the current 2007 base salary and subsequently increasing by 5 of the base salary per calendar year on an accumulated basis for an additional four (4) years to a total of 25 of the then current year base salary The Board contribution at the 25 level of the succeeding years current base salary shall continue indefinitely until changed by collective bargaining after the fifth year of the contribution program The board contributions shall be immediately vested for the active teachers and shall be portable regardless of when the VEBA vendor is identified

27

Conlract B_een Tri-Creek School Corporation and Tri-C k Teche bull Organiztion ElTeclive Jlnnry 1 2009

2 Beginning February 1 2011 the Board will alter the ongoing VEBA contributions into individual accounts specified in Al above as follows Each bargaining unit member will receive a benefit equal to 25 of their base salary of which a contribution to their retirement VEBA plan will be made in the amount of25 of the BS 0 salary and the difference of 25 of the individuals salary less the amount of 25 of the BS 0 salary amount will be contributed to the individuals 401(a) account The contribution to the 401(a) account will not require any matching contribution

3 The parties shall seek to jointly identify a VEBA vendor who may be changed at the parties joint agreement

4 Active teachers with existing 199 VEBA accounts will have their funds credited to an additional vested account within their existing account The remaining active teachers without existing accounts will have their funds credited to an unallocated VEBA until they have individually accumulated Five Hundred Dollars ($50000) at which time their individual accounts will be opened and funded

5 Teachers severing employment andor retiring who are vested in their accounts will have full access to the funds in their accounts regardless of age

XIV COMPENSATION AND FAIR SHARE

Salary Schedule See Appendix A Extra-Duty Schedule See Appendix A Insurance See Appendix A

A Automobile Reimbursement

Teachers assigned to more than one school and required to drive personal automobiles to fulfill the assignments shall be reimbursed at the current IRS rate The rate shall be established each July 1

The above rates do not apply to extra-duty or extra-curricular assignments

An entry with odometer readings for each trip shall be made on the signed claim form

B Previous Experience

Teachers will be given credit on the salary schedule for previous teaching experience in public schools

C Payroll Procedures

Number ofPayrolls

28

Effective January I 1009Contract Belwlten TrCreek Scbool Corporation and Tri-Creek Teachen Organization

Salaries will be divided by 22 or 26 whichever the teacher selects to determine the gross per pay The contracted salary will be based on the salary schedule in effect at the time of issue Changes in the salary schedule or additional responsibilities will be made by addendum and the contractual balance divided by the remaining number ofpays to determine the gross per pay

Payroll Schedule

Payroll checks will be issued every two (2) weeks on Friday and may be issued earlier if school is not in session on pay day The first pay for teachers on the 22 pay day schedule shall coincide with the first pay day for those on the 26 pay day schedule

Payroll Deductions

Deductions as required by state and federal law will be withheld

The following deductions will be withheld upon written request with 1126 of the annual payments being deducted each pay period for those on 26 pays and 1122 of the annual payments being deducted each pay period for those on 22 pays

Tax sheltered annuities mutual funds and 403(b) tax sheltered custodial retirement accounts with the two (2) enrollment dates being the first teacher contract day of the school year and the last teacher contract day in December The school district will allow no more than ten (10) qualifying companies to provide services to district staff The teacher will provide hislher own paperwork for the account The investment custodian selected by the teacher will assume responsibility for verifying the accuracy of the amount of the deduction so as to comply with IRS regulations

School Employees Credit Union with changes in the amount deducted allowed two (2) times per school year

Teacher Organization Dues with the payroll deduction deadline being October 1

Deductions for insurance by the school corporation in appendices shall be made once each month for those on 26 pays For those on twenty-two (22) pays deduction shall be made once each month except that on the twentyshysecond pay of the teacher contract deduction also shall be made to cover the months of July August and September The enrollment deadline shall be the first fifteen (15) school teacher days after the first teacher contract day of the school year

Direct Deposit In the event that seventy percent (70) of the certificated bargaining unit enrolls in direct deposit the school corporation shall implement a direct deposit payroll option no later than May 12000

29

Contract Botween Tri-Creok School Corporation and Tri-Creok T chn Organiution Effectiv January I 2009

D Organization Dues

After the beginning of the school year the Organization shall deliver to the Board by October 1 the names of teachers who authorized payroll deduction and the amounts of membership dues or assessments of the Organization including the National Education Association and the Indiana State Teachers Association Deductions shall be made on the fifteen (15) consecutive pay days beginning with the second pay in October All deductions shall remain in effect for the current school year The deductions shall be remitted to the Organization immediately after the fifth tenth and fifteenth deductions The authorization for payroll deduction of Organization membership dues shall be on a continuing basis unless revoked in writing by the employee through the Organization between the dates of September 1 and September 15

Fair Share is deleted from the contract but it comes back into the contract if the General Assembly repeals the ban to enforcing Fair Share

E Lane Changes

Changes from one salary column to another on the salary schedule can be made two (2) times per year

Deadlines for said changes shall be the first teacher day of the school year and the last school day in December

Written notification of pending changes for either of the two deadlines listed above shall be submitted to the Superintendents Office no later than July 1

A certified transcript of the coursework andor Professional Standards Board Approved CRUs is required to effect the change

R S + 15 is defined as lane placement beyond licensure for teaching after teacher has received either 15 hours of graduate credit or the equivalent amount of CRUs

Provided however and notwithstanding the above since the certificated staff has experienced difficulty in securing certified transcripts of course work by the contractual deadlines the following procedure may be utilized in lieu of submitting on the deadline dates

1 The teacher must submit notification of a pending change in salary lane by July 1 prior to the school year in which the change is to be made

2 The teacher must submit a letter from the dean registrar or department head on or before the transcript deadlines which certifies that the teacher has successfully completed the required course work which qualifies the teacher for a salary lane change

30

Conlrct Betwee Tri-Creek School Corporation and TrimiddotC Tbullbullchbull Ollanizallon EITlive January I 1009

3 The school corporation must receive a certified transcript from the university by September 15 for lane changes effecting the entire school year and by February 1 for lane changes to become effective for the second semester

No salary adjustment will be made by the school corporation unless a timely transcript is received by the school corporation within the terms of the contract or proviso If no certified transcript is received by February 1 of any school term the teacher must re-file intent for a lane change by July 1 prior to the school year in which the lane change is anticipated to occur

F Leave Without Pay

A teacher shall request a leave of absence without pay by submitting a written request no less than two (2) weeks prior to commencement of leave specifYing the reason for the leave A leave of absence without pay may be granted for a period of up to ten (10) school days inclusive by the superintendent Leaves for more than ten (10) days must be approved by the Board

Upon return from leave without pay of ten (10) days or less the employee shall be returned to the same position heshe held prior to the leave Upon returning from such a leave of more than ten (10) days the employee shall be returned to a position for which heshe is qualified

G Homebound Instruction

Reimbursement for homebound instruction shall be for actual student contact hours and at the teachers normal base hourly rate

XV COMPENSABLE LEAVES

A variety of leave days is provided by contract The Organization and the Board expect that the teacher use the leave in the way intended

A Sick Leave

Sick leave is for personal illness personal injury physical incapacity or verifiable physicians appointments

Sick leave will accumulate to 200 days during the term of the contract Commencing with the 1999-2000 school year teachers at the 200 maximum will receive the 11 days (Plus PB) for that year but the unused days at the end of the school year will not exceed the 200 day maximum

Sick leave shall accumulate at the rate ofeleven (11) days each year

Each teacher shall be notified as to the number of sick leave days heshe has accumulated at the beginning of each school year

If a teacher incurs an injury during the course of employment which incapacitates him or her for work for a period of time the Board shall pay the teacher the difference between his or her salary and the benefits received under the Indiana Workmens Compensation Act until accumulated sick leave is exhausted Deduction of sick leave shall be prorated on the basis of the Boards payment versus the daily rate

31

Effectiv Jnuary 12009Coalran Btween Tri-C k School Corporation and Tri-Croek T bullbullchbull Orgnization

to match this amount to their 403(b) Plan as a condition of receipt However the Association encourages each teacher to match the School Corporation contribution The employers 2001 contribution shall not be interpreted as establishing a continuing fringe benefit or creating a recurring expense or expectation The employers contribution shall terminate on February 12001

Retroactive to January 12001 the school corporation shall contribute nine tenths of one per cent (9) based on the training and experience on the 2001 salary schedule (Appendix A amended) pro-rata by full time equivalency to the teachers Section 401(a) PLAN as an employer contribution Teachers are not obligated to match this amount in their Section 403(b) PLAN as a condition of receipt The employers 2001 contribution shall not be interpreted as establishing a continuing fringe benefit or creating a recurring expense or expectation The employers contri bution shall terminate on December 31 2001

Matching Contributions

Effective from January 1 2001 the Board by salary settlement diversion (Subsection 4 below) shall match each participating teachers like contribution of the following percents of the teachers salary schedule salary appearing on the individual teachers contract prorated for full-time equivalency (ct =cumulative total)

2001 ct 20052002 ct 2003 ct 2004 ct ct I

~ 20Diversion Match ~ +~ 10 +~ 15 +~ +~ 25 I

+~Teacher Contract ~ ~ +~ 10 15 +~ 20 +~ 25

20 40I Cumulative Total 10 I i 50i 30 I

The salary settlement diversion match as provided above and the teachers matching contribution shall continue for as long as the PLANS are in effect

Teachers employed after the 2000-2001 school year shall begin making the teacher contribution and receiving the salary diversion match at the cumulative percentage (ct) of the first year of their employment as provided above

Salary Settlement Diversion

As part of their regular PL 217 bargaining the parties will bargain the change to the salary schedule After reaching agreement ~ of the base of that agreed change shall be diverted to the 401(a) Plan for 2001 with an additional ~ diverted in each 2002 2003 2004 and 2005 calendar years for a total diversion of 25 that will continue to be part of the PLANS

26

Contract B_ Tri-Crltek School Corporltion and Tri-Cretk Teachn Organization Effective January t 1009

throughout its term After the salary settlement diversion is deducted the salary schedule for each year shall be changed by the net amount As part of the parties total compensationbenefits calculations annual diversions to the PLANS shall be included

Steering Committee

A joint Steering Committee shall be created by the parties through appointments of teachers by the Association President and administrative representatives by the Superintendent The Committee shall be charged with the responsibility of establishing the PLANS sole source vendor by mutual agreement providing training and information to participants and any other function necessary to implement the provisions of this section Further the Committee shall collaboratively develop the potential of a one-time window opportunity for a voluntary teacher severance program as an offset of the costs that result from the School Corporation Section D 2 b contributions

a Status Quo

Article XIII and Section D ofIRS Code Section 401(a) and 403(b) Matching Annuity and Custodial Mutual Funds PLAN shall be effective without change except from SB199 required alterations June 12006 to and including the 2012-2013 school year except as provided herein

b Termination

Should the parties decide to end the plan provided by this article the salary diversion in effect shall be added to the next years salary schedule without negotiations The parties understand that this salary diversion but for the 401(a) and 403(b) PLANS was and is part of the PL 217 bargained salary

E VEBA for Active Teachers for Use During Retirement

1 The Board shall establish an IRS voluntary Employee Benefit Association (VEBA) for active teachers This VEBA shall be independent of the VEBA establish as part of the retirement liquidation provisions The Board shall be gin a mandatory VEBA contribution of 5 of the current 2007 base salary and subsequently increasing by 5 of the base salary per calendar year on an accumulated basis for an additional four (4) years to a total of 25 of the then current year base salary The Board contribution at the 25 level of the succeeding years current base salary shall continue indefinitely until changed by collective bargaining after the fifth year of the contribution program The board contributions shall be immediately vested for the active teachers and shall be portable regardless of when the VEBA vendor is identified

27

Conlract B_een Tri-Creek School Corporation and Tri-C k Teche bull Organiztion ElTeclive Jlnnry 1 2009

2 Beginning February 1 2011 the Board will alter the ongoing VEBA contributions into individual accounts specified in Al above as follows Each bargaining unit member will receive a benefit equal to 25 of their base salary of which a contribution to their retirement VEBA plan will be made in the amount of25 of the BS 0 salary and the difference of 25 of the individuals salary less the amount of 25 of the BS 0 salary amount will be contributed to the individuals 401(a) account The contribution to the 401(a) account will not require any matching contribution

3 The parties shall seek to jointly identify a VEBA vendor who may be changed at the parties joint agreement

4 Active teachers with existing 199 VEBA accounts will have their funds credited to an additional vested account within their existing account The remaining active teachers without existing accounts will have their funds credited to an unallocated VEBA until they have individually accumulated Five Hundred Dollars ($50000) at which time their individual accounts will be opened and funded

5 Teachers severing employment andor retiring who are vested in their accounts will have full access to the funds in their accounts regardless of age

XIV COMPENSATION AND FAIR SHARE

Salary Schedule See Appendix A Extra-Duty Schedule See Appendix A Insurance See Appendix A

A Automobile Reimbursement

Teachers assigned to more than one school and required to drive personal automobiles to fulfill the assignments shall be reimbursed at the current IRS rate The rate shall be established each July 1

The above rates do not apply to extra-duty or extra-curricular assignments

An entry with odometer readings for each trip shall be made on the signed claim form

B Previous Experience

Teachers will be given credit on the salary schedule for previous teaching experience in public schools

C Payroll Procedures

Number ofPayrolls

28

Effective January I 1009Contract Belwlten TrCreek Scbool Corporation and Tri-Creek Teachen Organization

Salaries will be divided by 22 or 26 whichever the teacher selects to determine the gross per pay The contracted salary will be based on the salary schedule in effect at the time of issue Changes in the salary schedule or additional responsibilities will be made by addendum and the contractual balance divided by the remaining number ofpays to determine the gross per pay

Payroll Schedule

Payroll checks will be issued every two (2) weeks on Friday and may be issued earlier if school is not in session on pay day The first pay for teachers on the 22 pay day schedule shall coincide with the first pay day for those on the 26 pay day schedule

Payroll Deductions

Deductions as required by state and federal law will be withheld

The following deductions will be withheld upon written request with 1126 of the annual payments being deducted each pay period for those on 26 pays and 1122 of the annual payments being deducted each pay period for those on 22 pays

Tax sheltered annuities mutual funds and 403(b) tax sheltered custodial retirement accounts with the two (2) enrollment dates being the first teacher contract day of the school year and the last teacher contract day in December The school district will allow no more than ten (10) qualifying companies to provide services to district staff The teacher will provide hislher own paperwork for the account The investment custodian selected by the teacher will assume responsibility for verifying the accuracy of the amount of the deduction so as to comply with IRS regulations

School Employees Credit Union with changes in the amount deducted allowed two (2) times per school year

Teacher Organization Dues with the payroll deduction deadline being October 1

Deductions for insurance by the school corporation in appendices shall be made once each month for those on 26 pays For those on twenty-two (22) pays deduction shall be made once each month except that on the twentyshysecond pay of the teacher contract deduction also shall be made to cover the months of July August and September The enrollment deadline shall be the first fifteen (15) school teacher days after the first teacher contract day of the school year

Direct Deposit In the event that seventy percent (70) of the certificated bargaining unit enrolls in direct deposit the school corporation shall implement a direct deposit payroll option no later than May 12000

29

Contract Botween Tri-Creok School Corporation and Tri-Creok T chn Organiution Effectiv January I 2009

D Organization Dues

After the beginning of the school year the Organization shall deliver to the Board by October 1 the names of teachers who authorized payroll deduction and the amounts of membership dues or assessments of the Organization including the National Education Association and the Indiana State Teachers Association Deductions shall be made on the fifteen (15) consecutive pay days beginning with the second pay in October All deductions shall remain in effect for the current school year The deductions shall be remitted to the Organization immediately after the fifth tenth and fifteenth deductions The authorization for payroll deduction of Organization membership dues shall be on a continuing basis unless revoked in writing by the employee through the Organization between the dates of September 1 and September 15

Fair Share is deleted from the contract but it comes back into the contract if the General Assembly repeals the ban to enforcing Fair Share

E Lane Changes

Changes from one salary column to another on the salary schedule can be made two (2) times per year

Deadlines for said changes shall be the first teacher day of the school year and the last school day in December

Written notification of pending changes for either of the two deadlines listed above shall be submitted to the Superintendents Office no later than July 1

A certified transcript of the coursework andor Professional Standards Board Approved CRUs is required to effect the change

R S + 15 is defined as lane placement beyond licensure for teaching after teacher has received either 15 hours of graduate credit or the equivalent amount of CRUs

Provided however and notwithstanding the above since the certificated staff has experienced difficulty in securing certified transcripts of course work by the contractual deadlines the following procedure may be utilized in lieu of submitting on the deadline dates

1 The teacher must submit notification of a pending change in salary lane by July 1 prior to the school year in which the change is to be made

2 The teacher must submit a letter from the dean registrar or department head on or before the transcript deadlines which certifies that the teacher has successfully completed the required course work which qualifies the teacher for a salary lane change

30

Conlrct Betwee Tri-Creek School Corporation and TrimiddotC Tbullbullchbull Ollanizallon EITlive January I 1009

3 The school corporation must receive a certified transcript from the university by September 15 for lane changes effecting the entire school year and by February 1 for lane changes to become effective for the second semester

No salary adjustment will be made by the school corporation unless a timely transcript is received by the school corporation within the terms of the contract or proviso If no certified transcript is received by February 1 of any school term the teacher must re-file intent for a lane change by July 1 prior to the school year in which the lane change is anticipated to occur

F Leave Without Pay

A teacher shall request a leave of absence without pay by submitting a written request no less than two (2) weeks prior to commencement of leave specifYing the reason for the leave A leave of absence without pay may be granted for a period of up to ten (10) school days inclusive by the superintendent Leaves for more than ten (10) days must be approved by the Board

Upon return from leave without pay of ten (10) days or less the employee shall be returned to the same position heshe held prior to the leave Upon returning from such a leave of more than ten (10) days the employee shall be returned to a position for which heshe is qualified

G Homebound Instruction

Reimbursement for homebound instruction shall be for actual student contact hours and at the teachers normal base hourly rate

XV COMPENSABLE LEAVES

A variety of leave days is provided by contract The Organization and the Board expect that the teacher use the leave in the way intended

A Sick Leave

Sick leave is for personal illness personal injury physical incapacity or verifiable physicians appointments

Sick leave will accumulate to 200 days during the term of the contract Commencing with the 1999-2000 school year teachers at the 200 maximum will receive the 11 days (Plus PB) for that year but the unused days at the end of the school year will not exceed the 200 day maximum

Sick leave shall accumulate at the rate ofeleven (11) days each year

Each teacher shall be notified as to the number of sick leave days heshe has accumulated at the beginning of each school year

If a teacher incurs an injury during the course of employment which incapacitates him or her for work for a period of time the Board shall pay the teacher the difference between his or her salary and the benefits received under the Indiana Workmens Compensation Act until accumulated sick leave is exhausted Deduction of sick leave shall be prorated on the basis of the Boards payment versus the daily rate

31

Contract B_ Tri-Crltek School Corporltion and Tri-Cretk Teachn Organization Effective January t 1009

throughout its term After the salary settlement diversion is deducted the salary schedule for each year shall be changed by the net amount As part of the parties total compensationbenefits calculations annual diversions to the PLANS shall be included

Steering Committee

A joint Steering Committee shall be created by the parties through appointments of teachers by the Association President and administrative representatives by the Superintendent The Committee shall be charged with the responsibility of establishing the PLANS sole source vendor by mutual agreement providing training and information to participants and any other function necessary to implement the provisions of this section Further the Committee shall collaboratively develop the potential of a one-time window opportunity for a voluntary teacher severance program as an offset of the costs that result from the School Corporation Section D 2 b contributions

a Status Quo

Article XIII and Section D ofIRS Code Section 401(a) and 403(b) Matching Annuity and Custodial Mutual Funds PLAN shall be effective without change except from SB199 required alterations June 12006 to and including the 2012-2013 school year except as provided herein

b Termination

Should the parties decide to end the plan provided by this article the salary diversion in effect shall be added to the next years salary schedule without negotiations The parties understand that this salary diversion but for the 401(a) and 403(b) PLANS was and is part of the PL 217 bargained salary

E VEBA for Active Teachers for Use During Retirement

1 The Board shall establish an IRS voluntary Employee Benefit Association (VEBA) for active teachers This VEBA shall be independent of the VEBA establish as part of the retirement liquidation provisions The Board shall be gin a mandatory VEBA contribution of 5 of the current 2007 base salary and subsequently increasing by 5 of the base salary per calendar year on an accumulated basis for an additional four (4) years to a total of 25 of the then current year base salary The Board contribution at the 25 level of the succeeding years current base salary shall continue indefinitely until changed by collective bargaining after the fifth year of the contribution program The board contributions shall be immediately vested for the active teachers and shall be portable regardless of when the VEBA vendor is identified

27

Conlract B_een Tri-Creek School Corporation and Tri-C k Teche bull Organiztion ElTeclive Jlnnry 1 2009

2 Beginning February 1 2011 the Board will alter the ongoing VEBA contributions into individual accounts specified in Al above as follows Each bargaining unit member will receive a benefit equal to 25 of their base salary of which a contribution to their retirement VEBA plan will be made in the amount of25 of the BS 0 salary and the difference of 25 of the individuals salary less the amount of 25 of the BS 0 salary amount will be contributed to the individuals 401(a) account The contribution to the 401(a) account will not require any matching contribution

3 The parties shall seek to jointly identify a VEBA vendor who may be changed at the parties joint agreement

4 Active teachers with existing 199 VEBA accounts will have their funds credited to an additional vested account within their existing account The remaining active teachers without existing accounts will have their funds credited to an unallocated VEBA until they have individually accumulated Five Hundred Dollars ($50000) at which time their individual accounts will be opened and funded

5 Teachers severing employment andor retiring who are vested in their accounts will have full access to the funds in their accounts regardless of age

XIV COMPENSATION AND FAIR SHARE

Salary Schedule See Appendix A Extra-Duty Schedule See Appendix A Insurance See Appendix A

A Automobile Reimbursement

Teachers assigned to more than one school and required to drive personal automobiles to fulfill the assignments shall be reimbursed at the current IRS rate The rate shall be established each July 1

The above rates do not apply to extra-duty or extra-curricular assignments

An entry with odometer readings for each trip shall be made on the signed claim form

B Previous Experience

Teachers will be given credit on the salary schedule for previous teaching experience in public schools

C Payroll Procedures

Number ofPayrolls

28

Effective January I 1009Contract Belwlten TrCreek Scbool Corporation and Tri-Creek Teachen Organization

Salaries will be divided by 22 or 26 whichever the teacher selects to determine the gross per pay The contracted salary will be based on the salary schedule in effect at the time of issue Changes in the salary schedule or additional responsibilities will be made by addendum and the contractual balance divided by the remaining number ofpays to determine the gross per pay

Payroll Schedule

Payroll checks will be issued every two (2) weeks on Friday and may be issued earlier if school is not in session on pay day The first pay for teachers on the 22 pay day schedule shall coincide with the first pay day for those on the 26 pay day schedule

Payroll Deductions

Deductions as required by state and federal law will be withheld

The following deductions will be withheld upon written request with 1126 of the annual payments being deducted each pay period for those on 26 pays and 1122 of the annual payments being deducted each pay period for those on 22 pays

Tax sheltered annuities mutual funds and 403(b) tax sheltered custodial retirement accounts with the two (2) enrollment dates being the first teacher contract day of the school year and the last teacher contract day in December The school district will allow no more than ten (10) qualifying companies to provide services to district staff The teacher will provide hislher own paperwork for the account The investment custodian selected by the teacher will assume responsibility for verifying the accuracy of the amount of the deduction so as to comply with IRS regulations

School Employees Credit Union with changes in the amount deducted allowed two (2) times per school year

Teacher Organization Dues with the payroll deduction deadline being October 1

Deductions for insurance by the school corporation in appendices shall be made once each month for those on 26 pays For those on twenty-two (22) pays deduction shall be made once each month except that on the twentyshysecond pay of the teacher contract deduction also shall be made to cover the months of July August and September The enrollment deadline shall be the first fifteen (15) school teacher days after the first teacher contract day of the school year

Direct Deposit In the event that seventy percent (70) of the certificated bargaining unit enrolls in direct deposit the school corporation shall implement a direct deposit payroll option no later than May 12000

29

Contract Botween Tri-Creok School Corporation and Tri-Creok T chn Organiution Effectiv January I 2009

D Organization Dues

After the beginning of the school year the Organization shall deliver to the Board by October 1 the names of teachers who authorized payroll deduction and the amounts of membership dues or assessments of the Organization including the National Education Association and the Indiana State Teachers Association Deductions shall be made on the fifteen (15) consecutive pay days beginning with the second pay in October All deductions shall remain in effect for the current school year The deductions shall be remitted to the Organization immediately after the fifth tenth and fifteenth deductions The authorization for payroll deduction of Organization membership dues shall be on a continuing basis unless revoked in writing by the employee through the Organization between the dates of September 1 and September 15

Fair Share is deleted from the contract but it comes back into the contract if the General Assembly repeals the ban to enforcing Fair Share

E Lane Changes

Changes from one salary column to another on the salary schedule can be made two (2) times per year

Deadlines for said changes shall be the first teacher day of the school year and the last school day in December

Written notification of pending changes for either of the two deadlines listed above shall be submitted to the Superintendents Office no later than July 1

A certified transcript of the coursework andor Professional Standards Board Approved CRUs is required to effect the change

R S + 15 is defined as lane placement beyond licensure for teaching after teacher has received either 15 hours of graduate credit or the equivalent amount of CRUs

Provided however and notwithstanding the above since the certificated staff has experienced difficulty in securing certified transcripts of course work by the contractual deadlines the following procedure may be utilized in lieu of submitting on the deadline dates

1 The teacher must submit notification of a pending change in salary lane by July 1 prior to the school year in which the change is to be made

2 The teacher must submit a letter from the dean registrar or department head on or before the transcript deadlines which certifies that the teacher has successfully completed the required course work which qualifies the teacher for a salary lane change

30

Conlrct Betwee Tri-Creek School Corporation and TrimiddotC Tbullbullchbull Ollanizallon EITlive January I 1009

3 The school corporation must receive a certified transcript from the university by September 15 for lane changes effecting the entire school year and by February 1 for lane changes to become effective for the second semester

No salary adjustment will be made by the school corporation unless a timely transcript is received by the school corporation within the terms of the contract or proviso If no certified transcript is received by February 1 of any school term the teacher must re-file intent for a lane change by July 1 prior to the school year in which the lane change is anticipated to occur

F Leave Without Pay

A teacher shall request a leave of absence without pay by submitting a written request no less than two (2) weeks prior to commencement of leave specifYing the reason for the leave A leave of absence without pay may be granted for a period of up to ten (10) school days inclusive by the superintendent Leaves for more than ten (10) days must be approved by the Board

Upon return from leave without pay of ten (10) days or less the employee shall be returned to the same position heshe held prior to the leave Upon returning from such a leave of more than ten (10) days the employee shall be returned to a position for which heshe is qualified

G Homebound Instruction

Reimbursement for homebound instruction shall be for actual student contact hours and at the teachers normal base hourly rate

XV COMPENSABLE LEAVES

A variety of leave days is provided by contract The Organization and the Board expect that the teacher use the leave in the way intended

A Sick Leave

Sick leave is for personal illness personal injury physical incapacity or verifiable physicians appointments

Sick leave will accumulate to 200 days during the term of the contract Commencing with the 1999-2000 school year teachers at the 200 maximum will receive the 11 days (Plus PB) for that year but the unused days at the end of the school year will not exceed the 200 day maximum

Sick leave shall accumulate at the rate ofeleven (11) days each year

Each teacher shall be notified as to the number of sick leave days heshe has accumulated at the beginning of each school year

If a teacher incurs an injury during the course of employment which incapacitates him or her for work for a period of time the Board shall pay the teacher the difference between his or her salary and the benefits received under the Indiana Workmens Compensation Act until accumulated sick leave is exhausted Deduction of sick leave shall be prorated on the basis of the Boards payment versus the daily rate

31

Conlract B_een Tri-Creek School Corporation and Tri-C k Teche bull Organiztion ElTeclive Jlnnry 1 2009

2 Beginning February 1 2011 the Board will alter the ongoing VEBA contributions into individual accounts specified in Al above as follows Each bargaining unit member will receive a benefit equal to 25 of their base salary of which a contribution to their retirement VEBA plan will be made in the amount of25 of the BS 0 salary and the difference of 25 of the individuals salary less the amount of 25 of the BS 0 salary amount will be contributed to the individuals 401(a) account The contribution to the 401(a) account will not require any matching contribution

3 The parties shall seek to jointly identify a VEBA vendor who may be changed at the parties joint agreement

4 Active teachers with existing 199 VEBA accounts will have their funds credited to an additional vested account within their existing account The remaining active teachers without existing accounts will have their funds credited to an unallocated VEBA until they have individually accumulated Five Hundred Dollars ($50000) at which time their individual accounts will be opened and funded

5 Teachers severing employment andor retiring who are vested in their accounts will have full access to the funds in their accounts regardless of age

XIV COMPENSATION AND FAIR SHARE

Salary Schedule See Appendix A Extra-Duty Schedule See Appendix A Insurance See Appendix A

A Automobile Reimbursement

Teachers assigned to more than one school and required to drive personal automobiles to fulfill the assignments shall be reimbursed at the current IRS rate The rate shall be established each July 1

The above rates do not apply to extra-duty or extra-curricular assignments

An entry with odometer readings for each trip shall be made on the signed claim form

B Previous Experience

Teachers will be given credit on the salary schedule for previous teaching experience in public schools

C Payroll Procedures

Number ofPayrolls

28

Effective January I 1009Contract Belwlten TrCreek Scbool Corporation and Tri-Creek Teachen Organization

Salaries will be divided by 22 or 26 whichever the teacher selects to determine the gross per pay The contracted salary will be based on the salary schedule in effect at the time of issue Changes in the salary schedule or additional responsibilities will be made by addendum and the contractual balance divided by the remaining number ofpays to determine the gross per pay

Payroll Schedule

Payroll checks will be issued every two (2) weeks on Friday and may be issued earlier if school is not in session on pay day The first pay for teachers on the 22 pay day schedule shall coincide with the first pay day for those on the 26 pay day schedule

Payroll Deductions

Deductions as required by state and federal law will be withheld

The following deductions will be withheld upon written request with 1126 of the annual payments being deducted each pay period for those on 26 pays and 1122 of the annual payments being deducted each pay period for those on 22 pays

Tax sheltered annuities mutual funds and 403(b) tax sheltered custodial retirement accounts with the two (2) enrollment dates being the first teacher contract day of the school year and the last teacher contract day in December The school district will allow no more than ten (10) qualifying companies to provide services to district staff The teacher will provide hislher own paperwork for the account The investment custodian selected by the teacher will assume responsibility for verifying the accuracy of the amount of the deduction so as to comply with IRS regulations

School Employees Credit Union with changes in the amount deducted allowed two (2) times per school year

Teacher Organization Dues with the payroll deduction deadline being October 1

Deductions for insurance by the school corporation in appendices shall be made once each month for those on 26 pays For those on twenty-two (22) pays deduction shall be made once each month except that on the twentyshysecond pay of the teacher contract deduction also shall be made to cover the months of July August and September The enrollment deadline shall be the first fifteen (15) school teacher days after the first teacher contract day of the school year

Direct Deposit In the event that seventy percent (70) of the certificated bargaining unit enrolls in direct deposit the school corporation shall implement a direct deposit payroll option no later than May 12000

29

Contract Botween Tri-Creok School Corporation and Tri-Creok T chn Organiution Effectiv January I 2009

D Organization Dues

After the beginning of the school year the Organization shall deliver to the Board by October 1 the names of teachers who authorized payroll deduction and the amounts of membership dues or assessments of the Organization including the National Education Association and the Indiana State Teachers Association Deductions shall be made on the fifteen (15) consecutive pay days beginning with the second pay in October All deductions shall remain in effect for the current school year The deductions shall be remitted to the Organization immediately after the fifth tenth and fifteenth deductions The authorization for payroll deduction of Organization membership dues shall be on a continuing basis unless revoked in writing by the employee through the Organization between the dates of September 1 and September 15

Fair Share is deleted from the contract but it comes back into the contract if the General Assembly repeals the ban to enforcing Fair Share

E Lane Changes

Changes from one salary column to another on the salary schedule can be made two (2) times per year

Deadlines for said changes shall be the first teacher day of the school year and the last school day in December

Written notification of pending changes for either of the two deadlines listed above shall be submitted to the Superintendents Office no later than July 1

A certified transcript of the coursework andor Professional Standards Board Approved CRUs is required to effect the change

R S + 15 is defined as lane placement beyond licensure for teaching after teacher has received either 15 hours of graduate credit or the equivalent amount of CRUs

Provided however and notwithstanding the above since the certificated staff has experienced difficulty in securing certified transcripts of course work by the contractual deadlines the following procedure may be utilized in lieu of submitting on the deadline dates

1 The teacher must submit notification of a pending change in salary lane by July 1 prior to the school year in which the change is to be made

2 The teacher must submit a letter from the dean registrar or department head on or before the transcript deadlines which certifies that the teacher has successfully completed the required course work which qualifies the teacher for a salary lane change

30

Conlrct Betwee Tri-Creek School Corporation and TrimiddotC Tbullbullchbull Ollanizallon EITlive January I 1009

3 The school corporation must receive a certified transcript from the university by September 15 for lane changes effecting the entire school year and by February 1 for lane changes to become effective for the second semester

No salary adjustment will be made by the school corporation unless a timely transcript is received by the school corporation within the terms of the contract or proviso If no certified transcript is received by February 1 of any school term the teacher must re-file intent for a lane change by July 1 prior to the school year in which the lane change is anticipated to occur

F Leave Without Pay

A teacher shall request a leave of absence without pay by submitting a written request no less than two (2) weeks prior to commencement of leave specifYing the reason for the leave A leave of absence without pay may be granted for a period of up to ten (10) school days inclusive by the superintendent Leaves for more than ten (10) days must be approved by the Board

Upon return from leave without pay of ten (10) days or less the employee shall be returned to the same position heshe held prior to the leave Upon returning from such a leave of more than ten (10) days the employee shall be returned to a position for which heshe is qualified

G Homebound Instruction

Reimbursement for homebound instruction shall be for actual student contact hours and at the teachers normal base hourly rate

XV COMPENSABLE LEAVES

A variety of leave days is provided by contract The Organization and the Board expect that the teacher use the leave in the way intended

A Sick Leave

Sick leave is for personal illness personal injury physical incapacity or verifiable physicians appointments

Sick leave will accumulate to 200 days during the term of the contract Commencing with the 1999-2000 school year teachers at the 200 maximum will receive the 11 days (Plus PB) for that year but the unused days at the end of the school year will not exceed the 200 day maximum

Sick leave shall accumulate at the rate ofeleven (11) days each year

Each teacher shall be notified as to the number of sick leave days heshe has accumulated at the beginning of each school year

If a teacher incurs an injury during the course of employment which incapacitates him or her for work for a period of time the Board shall pay the teacher the difference between his or her salary and the benefits received under the Indiana Workmens Compensation Act until accumulated sick leave is exhausted Deduction of sick leave shall be prorated on the basis of the Boards payment versus the daily rate

31

Effective January I 1009Contract Belwlten TrCreek Scbool Corporation and Tri-Creek Teachen Organization

Salaries will be divided by 22 or 26 whichever the teacher selects to determine the gross per pay The contracted salary will be based on the salary schedule in effect at the time of issue Changes in the salary schedule or additional responsibilities will be made by addendum and the contractual balance divided by the remaining number ofpays to determine the gross per pay

Payroll Schedule

Payroll checks will be issued every two (2) weeks on Friday and may be issued earlier if school is not in session on pay day The first pay for teachers on the 22 pay day schedule shall coincide with the first pay day for those on the 26 pay day schedule

Payroll Deductions

Deductions as required by state and federal law will be withheld

The following deductions will be withheld upon written request with 1126 of the annual payments being deducted each pay period for those on 26 pays and 1122 of the annual payments being deducted each pay period for those on 22 pays

Tax sheltered annuities mutual funds and 403(b) tax sheltered custodial retirement accounts with the two (2) enrollment dates being the first teacher contract day of the school year and the last teacher contract day in December The school district will allow no more than ten (10) qualifying companies to provide services to district staff The teacher will provide hislher own paperwork for the account The investment custodian selected by the teacher will assume responsibility for verifying the accuracy of the amount of the deduction so as to comply with IRS regulations

School Employees Credit Union with changes in the amount deducted allowed two (2) times per school year

Teacher Organization Dues with the payroll deduction deadline being October 1

Deductions for insurance by the school corporation in appendices shall be made once each month for those on 26 pays For those on twenty-two (22) pays deduction shall be made once each month except that on the twentyshysecond pay of the teacher contract deduction also shall be made to cover the months of July August and September The enrollment deadline shall be the first fifteen (15) school teacher days after the first teacher contract day of the school year

Direct Deposit In the event that seventy percent (70) of the certificated bargaining unit enrolls in direct deposit the school corporation shall implement a direct deposit payroll option no later than May 12000

29

Contract Botween Tri-Creok School Corporation and Tri-Creok T chn Organiution Effectiv January I 2009

D Organization Dues

After the beginning of the school year the Organization shall deliver to the Board by October 1 the names of teachers who authorized payroll deduction and the amounts of membership dues or assessments of the Organization including the National Education Association and the Indiana State Teachers Association Deductions shall be made on the fifteen (15) consecutive pay days beginning with the second pay in October All deductions shall remain in effect for the current school year The deductions shall be remitted to the Organization immediately after the fifth tenth and fifteenth deductions The authorization for payroll deduction of Organization membership dues shall be on a continuing basis unless revoked in writing by the employee through the Organization between the dates of September 1 and September 15

Fair Share is deleted from the contract but it comes back into the contract if the General Assembly repeals the ban to enforcing Fair Share

E Lane Changes

Changes from one salary column to another on the salary schedule can be made two (2) times per year

Deadlines for said changes shall be the first teacher day of the school year and the last school day in December

Written notification of pending changes for either of the two deadlines listed above shall be submitted to the Superintendents Office no later than July 1

A certified transcript of the coursework andor Professional Standards Board Approved CRUs is required to effect the change

R S + 15 is defined as lane placement beyond licensure for teaching after teacher has received either 15 hours of graduate credit or the equivalent amount of CRUs

Provided however and notwithstanding the above since the certificated staff has experienced difficulty in securing certified transcripts of course work by the contractual deadlines the following procedure may be utilized in lieu of submitting on the deadline dates

1 The teacher must submit notification of a pending change in salary lane by July 1 prior to the school year in which the change is to be made

2 The teacher must submit a letter from the dean registrar or department head on or before the transcript deadlines which certifies that the teacher has successfully completed the required course work which qualifies the teacher for a salary lane change

30

Conlrct Betwee Tri-Creek School Corporation and TrimiddotC Tbullbullchbull Ollanizallon EITlive January I 1009

3 The school corporation must receive a certified transcript from the university by September 15 for lane changes effecting the entire school year and by February 1 for lane changes to become effective for the second semester

No salary adjustment will be made by the school corporation unless a timely transcript is received by the school corporation within the terms of the contract or proviso If no certified transcript is received by February 1 of any school term the teacher must re-file intent for a lane change by July 1 prior to the school year in which the lane change is anticipated to occur

F Leave Without Pay

A teacher shall request a leave of absence without pay by submitting a written request no less than two (2) weeks prior to commencement of leave specifYing the reason for the leave A leave of absence without pay may be granted for a period of up to ten (10) school days inclusive by the superintendent Leaves for more than ten (10) days must be approved by the Board

Upon return from leave without pay of ten (10) days or less the employee shall be returned to the same position heshe held prior to the leave Upon returning from such a leave of more than ten (10) days the employee shall be returned to a position for which heshe is qualified

G Homebound Instruction

Reimbursement for homebound instruction shall be for actual student contact hours and at the teachers normal base hourly rate

XV COMPENSABLE LEAVES

A variety of leave days is provided by contract The Organization and the Board expect that the teacher use the leave in the way intended

A Sick Leave

Sick leave is for personal illness personal injury physical incapacity or verifiable physicians appointments

Sick leave will accumulate to 200 days during the term of the contract Commencing with the 1999-2000 school year teachers at the 200 maximum will receive the 11 days (Plus PB) for that year but the unused days at the end of the school year will not exceed the 200 day maximum

Sick leave shall accumulate at the rate ofeleven (11) days each year

Each teacher shall be notified as to the number of sick leave days heshe has accumulated at the beginning of each school year

If a teacher incurs an injury during the course of employment which incapacitates him or her for work for a period of time the Board shall pay the teacher the difference between his or her salary and the benefits received under the Indiana Workmens Compensation Act until accumulated sick leave is exhausted Deduction of sick leave shall be prorated on the basis of the Boards payment versus the daily rate

31

Contract Botween Tri-Creok School Corporation and Tri-Creok T chn Organiution Effectiv January I 2009

D Organization Dues

After the beginning of the school year the Organization shall deliver to the Board by October 1 the names of teachers who authorized payroll deduction and the amounts of membership dues or assessments of the Organization including the National Education Association and the Indiana State Teachers Association Deductions shall be made on the fifteen (15) consecutive pay days beginning with the second pay in October All deductions shall remain in effect for the current school year The deductions shall be remitted to the Organization immediately after the fifth tenth and fifteenth deductions The authorization for payroll deduction of Organization membership dues shall be on a continuing basis unless revoked in writing by the employee through the Organization between the dates of September 1 and September 15

Fair Share is deleted from the contract but it comes back into the contract if the General Assembly repeals the ban to enforcing Fair Share

E Lane Changes

Changes from one salary column to another on the salary schedule can be made two (2) times per year

Deadlines for said changes shall be the first teacher day of the school year and the last school day in December

Written notification of pending changes for either of the two deadlines listed above shall be submitted to the Superintendents Office no later than July 1

A certified transcript of the coursework andor Professional Standards Board Approved CRUs is required to effect the change

R S + 15 is defined as lane placement beyond licensure for teaching after teacher has received either 15 hours of graduate credit or the equivalent amount of CRUs

Provided however and notwithstanding the above since the certificated staff has experienced difficulty in securing certified transcripts of course work by the contractual deadlines the following procedure may be utilized in lieu of submitting on the deadline dates

1 The teacher must submit notification of a pending change in salary lane by July 1 prior to the school year in which the change is to be made

2 The teacher must submit a letter from the dean registrar or department head on or before the transcript deadlines which certifies that the teacher has successfully completed the required course work which qualifies the teacher for a salary lane change

30

Conlrct Betwee Tri-Creek School Corporation and TrimiddotC Tbullbullchbull Ollanizallon EITlive January I 1009

3 The school corporation must receive a certified transcript from the university by September 15 for lane changes effecting the entire school year and by February 1 for lane changes to become effective for the second semester

No salary adjustment will be made by the school corporation unless a timely transcript is received by the school corporation within the terms of the contract or proviso If no certified transcript is received by February 1 of any school term the teacher must re-file intent for a lane change by July 1 prior to the school year in which the lane change is anticipated to occur

F Leave Without Pay

A teacher shall request a leave of absence without pay by submitting a written request no less than two (2) weeks prior to commencement of leave specifYing the reason for the leave A leave of absence without pay may be granted for a period of up to ten (10) school days inclusive by the superintendent Leaves for more than ten (10) days must be approved by the Board

Upon return from leave without pay of ten (10) days or less the employee shall be returned to the same position heshe held prior to the leave Upon returning from such a leave of more than ten (10) days the employee shall be returned to a position for which heshe is qualified

G Homebound Instruction

Reimbursement for homebound instruction shall be for actual student contact hours and at the teachers normal base hourly rate

XV COMPENSABLE LEAVES

A variety of leave days is provided by contract The Organization and the Board expect that the teacher use the leave in the way intended

A Sick Leave

Sick leave is for personal illness personal injury physical incapacity or verifiable physicians appointments

Sick leave will accumulate to 200 days during the term of the contract Commencing with the 1999-2000 school year teachers at the 200 maximum will receive the 11 days (Plus PB) for that year but the unused days at the end of the school year will not exceed the 200 day maximum

Sick leave shall accumulate at the rate ofeleven (11) days each year

Each teacher shall be notified as to the number of sick leave days heshe has accumulated at the beginning of each school year

If a teacher incurs an injury during the course of employment which incapacitates him or her for work for a period of time the Board shall pay the teacher the difference between his or her salary and the benefits received under the Indiana Workmens Compensation Act until accumulated sick leave is exhausted Deduction of sick leave shall be prorated on the basis of the Boards payment versus the daily rate

31

Conlrct Betwee Tri-Creek School Corporation and TrimiddotC Tbullbullchbull Ollanizallon EITlive January I 1009

3 The school corporation must receive a certified transcript from the university by September 15 for lane changes effecting the entire school year and by February 1 for lane changes to become effective for the second semester

No salary adjustment will be made by the school corporation unless a timely transcript is received by the school corporation within the terms of the contract or proviso If no certified transcript is received by February 1 of any school term the teacher must re-file intent for a lane change by July 1 prior to the school year in which the lane change is anticipated to occur

F Leave Without Pay

A teacher shall request a leave of absence without pay by submitting a written request no less than two (2) weeks prior to commencement of leave specifYing the reason for the leave A leave of absence without pay may be granted for a period of up to ten (10) school days inclusive by the superintendent Leaves for more than ten (10) days must be approved by the Board

Upon return from leave without pay of ten (10) days or less the employee shall be returned to the same position heshe held prior to the leave Upon returning from such a leave of more than ten (10) days the employee shall be returned to a position for which heshe is qualified

G Homebound Instruction

Reimbursement for homebound instruction shall be for actual student contact hours and at the teachers normal base hourly rate

XV COMPENSABLE LEAVES

A variety of leave days is provided by contract The Organization and the Board expect that the teacher use the leave in the way intended

A Sick Leave

Sick leave is for personal illness personal injury physical incapacity or verifiable physicians appointments

Sick leave will accumulate to 200 days during the term of the contract Commencing with the 1999-2000 school year teachers at the 200 maximum will receive the 11 days (Plus PB) for that year but the unused days at the end of the school year will not exceed the 200 day maximum

Sick leave shall accumulate at the rate ofeleven (11) days each year

Each teacher shall be notified as to the number of sick leave days heshe has accumulated at the beginning of each school year

If a teacher incurs an injury during the course of employment which incapacitates him or her for work for a period of time the Board shall pay the teacher the difference between his or her salary and the benefits received under the Indiana Workmens Compensation Act until accumulated sick leave is exhausted Deduction of sick leave shall be prorated on the basis of the Boards payment versus the daily rate

31

Effective January 12009 Contrat B_n Tri-Creek 5ltbool Corporation and Tri-Creek Teabe Organization

B Bereavement Leave

Each teacher shall be entitled to a leave not exceeding five (5) school days per occurrence in the event of death in the immediate family Immediate family shall be considered father mother son daughter brother sister husband wife grandparents grandchildren niece nephew aunt uncle by blood marriage or law or a relative living in the same household In the event that a teacher has no spouse heshe may designate a close friend as a member of the immediate family Each teacher shall be entitled to one day of bereavement leave per occurrence for the day of the funeral of a cousin which shall be deducted from the teachers sick leave

Each teacher shall be entitled to one day of bereavement leave each school year for the day of the funeral for someone other than the immediate family Written notice must be submitted to the building principal at least 24 hours prior to the day the leave is to occur First the teacher is expected to use available personal business leave Second if the teacher does not have any personal business leave available this bereavement leave for other than the immediate family shall be deducted from sick leave

C Leave for lllness in Family

Each teacher shall be entitled to leave in case of illness surgery accident or personal caretaking by a teacher which involves a member of the immediate family as defined below

Leave shall consist of three (3) school days per school year Leave may consist ofup to four (4) days if at the teachers option the teacher transfers unused personal business leave to family illness leave

Leave shall not be accumulative nor shall it be deducted from sick leave total

Immediate family shall be considered father mother husband wife son daughter father-in-law mother-in-law brother sister grandparents grandchildren daughter-in-law son-in-law or a relative living in the same household In the event that a teacher has no spouse heshe may designate a close friend as a member of the immediate family

A Family Leave Bank is available and can be found in Board Policy The application for the bank is included in Appendix D at the back of the Agreement

D Personal Leave

Personal leave shall accumulate at the rate of three (3) days per year to a maximum of four (4) Use of personal business leave the day before or the day after a holiday school vacation or in-service days is strongly discouraged by both the Organization and the Board

Personal leave should be applied for in writing at least two (2) school days before leave is to occur An exception shall be made in case of emergencies

32

cntrad Betwn TrI-C k School Corporation and TrI-C k T ebbull Organization EIlIiv January 12009

Application for leave shall be to the superintendent through the building principal The application shall state a reason which may be personal business andor personal or civic affairs When the principal determines that an excessive number of substitute teachers is required for personal leave on a particular day the principal may ask a teacher seeking leave to voluntarily forego the use of the leave

Unused personal leave may be transferred to sick leave at the end of the school year unless the teacher retains a day for accumulation purposes The limit of days of accumulated sick leave in A-2 above will not be exceeded

NOTE The administrator will notify the building representative when heshe intends to apply the provisions of paragraph three (3) above

E Jury Duty

Any teacher who is called for jury duty or receives a summons shall during hislher absence be paid his regular salary less the total per diem allowance earned on jury duty Jury duty pay back to the corporation will be prorated for part-time employees with the remainder going to the teacher

F Maternity Leave

Upon written application by a pregnant teacher to the superintendent the Board shall grant maternity leave of up to one (1) year without payor fringe benefits for the time the teacher is on unpaid leave

The leave may be taken any time between commencement of pregnancy and one (1) year following the birth of the child When the teacher applies for the leave she shall state the expected length of the leave

The application shall be submitted to the Board through the superintendent thirty (30) days prior to the start of the leave

Upon certification by a physician that a medical emergency has been caused by the pregnancy the thirty (30) day notice period will be waived

A teacher may use available sick leave at her discretion for any portion of the leave which occurs between commencement of pregnancy and the time when an attending physician certifies that she is no longer temporarily disabled

Upon return from maternity leave a teacher shall be offered a position in TrishyCreek School Corporation

A teacher shall not lose her tenure status or rights under this contract as a result of a maternity leave nor shall said leave be considered an interruption of service towards obtaining tenure status

The Board at its discretion and upon written request by the teacher may extend a maternity leave

Adoptive leave shall be granted according to the following guidelines

Upon initial application for the adoption the teacher shall notify the superintendent ofhislher intent

33

EIfdive Jnuary I 1009 Contra Between Tri-C ek Slthool Corporation nd Tri-Ck T he Orpnizatlon

The period of the leave shall commence when the child is physically turned over to the teacherparent

Adoptive leave shall continue through the current school year without pay or fringe benefits The Board may extend said leave through the succeeding year at its discretion and upon written request of the teacher if the child is not of school age

Upon return from adoptive leave a teacher shall be offered a position in the TriMCreek School Corporation

A teacher shall not lose hislher tenure status or rights under this contract as a result of adoptive leave nor shall said leave be considered an interruption of service towards obtaining tenure status

A teacher may return from adoptive leave at the beginning of the school year

G Organization Leave

Whenever the parties agree to hold a hearing or meeting during school hours members of the bargaining unit who are scheduled to participate will not suffer loss of payor credit for days of leave

The Organization President andor hislher designee(s) shall be entitled to a total of ten (10) days each year during the long legislative session and eight (8) days each year during the short legislative session for Organization business without loss of compensation The Organization shall reimburse the corporation for the cost of the substitute

The Organizations President(s) (a maximum of two) shall not be assigned any supervisory duties such as but not limited to recess duty lunch duty study hall supervision parking lot duty bus duty hall duty or cafeteria duty

H Benefit Proration During Disability and Maternity Leave

In order to compute the proper level of Board contribution towards group insurance benefits during a period when a mix of active employmentpaid leave and unpaid leave occurs the percentage of regular Board contribution will be determined by dividing the total days in active employment and paid leave by the total contract days of such period For the purposes of this section the period of time will be deemed to be the calendar year which is consistent with the insurance plan year

1 Family Medical Leave Act

The Tri-Creek School Corporation will comply with the provisions of the Family Medical Leave Act of 1993 (herein referred to as FMLA) FMLA shall be available for up to twelve (12) weeks to employees for the birth of a child or the placement of a foster child to care for a seriously ill spouse child or parent or due to the employees own serious health condition Intermittent or reduced schedule leaves shall be available for up to twelve (12) weeks of leave in a year for a serious health condition of the employee which makes him or her unable to perform the functions of his or her job or to care for the employees spouse child

34

Contract Between Tri-Creek School Corporation and Tri-C k Tadlcn Organization Effective January I 1009

or parent who has a serious health condition The twelve (12) month period for eligibility for the use of FMLA shall be counted from the last day of the twelfth week of any prior FMLA leave that the employee has used An employee on FMLA shall receive the same health life and dental insurance (vision effective August 1 1995) as active certificated unit employees

XVI NON-COMPENSABLE LEAVES

A Service in Peace Corps Foreign Exchange Teaching Program Exchange Teaching or Similar Government Programs

A leave of absence without payor fringe benefits shall be allowed upon approval of the Board and superintendent of up to two (2) school years

This must be on a full-time basis

Written request for said leave shall be submitted in writing to the Board through the superintendent by March 1 of the school year prior to the start of the desired leave

Notification of a desire to return from leave shall be received in writing by March 1 of the school year prior to the return date

At no time will the leave terminate after the beginning of a school year

One year of experience on the salary schedule will be granted for each one (1) year ofleave in itA above

B Campaigning or Serving in Public Office

Upon approval of the Board the superintendent may grant a leave of absence of not less than one (1) semester or more than the term of said office without pay fringe benefits and increments to any teacher to campaign for or serve in a public office

C Study or Special Teaching

A leave of absence of up to one (1) year without payor fringe benefits shall be allowed upon approval of the Board and superintendent for study research or special teaching in the teachers major field

Written request for such leave shall be received by the superintendent by March 1 in the school year prior to the term the leave is to start

The request shall include a plan of study for which the leave is requested Failure to complete the plan of study without the superintendents approval shall be grounds for automatic forfeiture of the applicants re-employment rights with the school corporation

Notification of a desire to return from leave of absence shall be received in writing by March 1 of the school year prior to the return date

One (1) year ofexperience on the salary schedule may be granted by the Board for one (1) year of specialized teaching in the teachers major field during the leave of absence

35

Contract Becwee Tri-Creek Sdf)ol Corporalion and Tri-Creek Teahers Organization Elfective January I 2009

D Personal Illness Personal Disability or Illness in the Immediate Family

A leave of absence without pay fringe benefits or increments shall be allowed upon approval of the Board and superintendent of up to one (1) school year

Written request for said leave shall be submitted to the Board through the superintendent

Notification of intent to return must be made in writing to the superintendent

Notification must be made by March 1 for re-employment at the start of the school year

Notification must be made sixty (60) days prior to the second semester for reshyemployment at the beginning of the second semester ofa school year

E General Provisions for Non-Compensable Leaves

The Board may at its discretion and upon written request extend any nonshycompensable leave that has been granted to the teacher

Upon return from any non-compensable leave a teacher shall be offered a position in Tri-Creek School Corporation

XVII MID-CONTRACT LANGUAGE ALTERATIONS BY CONTRACT MAINTENANCE COMMITEE (CMC)

A The Contract Maintenance Committee (CMC) in accord with the following charts provision shall have the power to establish proactive changes or make additions to the bargaining contract language effect on the date of the CMCs final actions and signature of the collective respective party representatives The participants shall decide if there is a need for a committee voting system or not

B The CMC shall memorialize contract changes which shall be annually thereafter incorporated into the contract without change or bargaining but subject to the Contract Association ratification and Board passage in public session

C Language items previously brought to the CMC thirty (30) days prior to the initiation of bargaining for the successor agreement which have not been resolved shall be subjects of bargaining and items brought in less than thirty (30) days shall not be so bargained

D The provisions of Article XVII its process and contract language product shall not be subject to the grievance procedure

E CMC Flow Charts

36

Effective Jbullbullbullbullry 12009Contract Between TrimiddotCreek Slthool Corporation nd Tri-Creek T h OIJlnixation

Network for Non-Economic Language Contract Changes (economics during regular bargaining)

CONTRACT MAINTENANCE Monthly Meetings or On Call

MembershiD bull Co-presidents bull Superintendent bull Others (Uniserv Director Assistant Superintendent

Attorney

All Contract Changes By Memo of Understanding incorporated in next contract without bargaining but effective immediately

Issues bull Systemic localized bull Joint

Functions Issue parameters (dictate the forum) bull Language or economics bull Systemic or local bull Imposed from outside bull Power block push bull Mess up

Optional Forums

Fix ItSolve It Drop It Inshy

house

Provide Inside

Information

To Grievance Procedure

To Discussion with a

ChargeTimelines

Defer to Regular

Bargaining

Any of the above forums may generate a joint task force (subcommittee) bull Given

o Charge o Timelines

bull Membership is determined by Contract Maintenance Committee bull Analysis

o This approach violates the ISBA rule against year-round bargaining o This approach burdens parties to constantly marshal constituency concerns o One advantage is that we address the problem closer in time and situation

bull There are other mid-contract forums Joint Finance Committee and Joint Insurance Committee

Problem-solying Function bull Identify problem parameters bull Identify the relationship of the problem to the contract or

Board policy bull Identify each partys fundamental interests bull Collect data to measure problem parameters and to

generate multiple options spectrum bull Match the joint interests to the options that are generated bull Report joint or separate recommendations including the

vehicle and consolidated report of the above functions

product bull Pilot or Permanent Contract Change effective

immediately bull Board Policy Change bull Interim Solution bull Memo of Understanding bull Amendatory Agreement

37

Contract Between Tri-Creek School COrporation and Tri-Creek Teachen Organization Effective January 12009

Extra-Curricular Schedule and Alterations

1 Anytime during the year either party may bring the creation of a new position(s) to Discussion 2 If the parties do agree on the need and the place on the salary schedule the extra-curricular schedule change can

be immediately initiated by a Memo of Understanding that is just added to the next contract without bargaining 3 If the parties do not agree on either the need or the compensation management may determine the need and

assign a compensation level and make the appointments immediately and then bargain those issues immediately

4 If management does not see the need to add a position the parties must await the next contract bargaining

Optional Forums bull To Discussion with a chargetimelines bull Defer to regular Bargaining bull To grievance procedures bull Solve it immediately by

o Amendatory Agreement o Policy o Memo of Understanding o Superintendent letter o JOint letter or notice

bull Drop it bull Fix it in-house bull Provide inside information bull Create specific Joint Task Force

o Given bull Charge bull TimeJines

o Membership bull Linkage bull Remainder determined by Contract Maintenance Committee

o Analysis bull Violates ISBA no bargaining year round bull Burdens parties to constantly marshal constituency concerns-no wait for crisis by screw-up bull Advantage of addressing problem closer in time and situation

o Other Mid-contract Forums bull Joint Finance Committee bull Joint Insurance Committee

bull Problem-solving Function o Identify problem parameters o Identify problems relationship to the contract or policy o Identify each parties fundamental interests o Collect data to measure problem parameters and to generate options spectrum o Match parties or joint interests to options

bull Vehicle Options o Contract change

38

Effective January t lOO9Contract Between Tri-ClMk School Corporation and Tri-Creek Teachon Organization

XVIII EFFECT OF THE CONTRACT

A Tenn of the Contract

This contract shall be effective January 12009 and shall remain in effect through June 30 2014 This contract shall not be extended orally and it is expressly understood that it shall expire on the date indicated subject to the provisions of Indiana Code 20-29-1 et seq The parties shall meet by May 2 2011 and establish the retroactive salary and ECA compensation Similarly the parties shall meet by May 1 2012 and establish the retroactive salary and ECA compensation For 2013 either party may give unilateral written notice by November 122012 to meet by November 30 2012 to establish retroactive salary and ECA compensation With such notice either party may identify up to three (3) current contract items to deal with effective for 2013 If neither party chooses to give notice the parties shall meet by May 1 2013 and establish retroactive salary and ECA compensation

B Zipper Clause

The Board and the Organization agree that the tenns and conditions set forth herein represent the full and complete understanding

C Effect of the Contract

Effective with the date of ratification of this contract by the parties when the Indiana Code is referenced in this contract the language will be the Indiana Code in effect on the date of the contract ratification on the date set forth above and not as amended supplemented or superseded by subsequent action of the Indiana General Assembly In interpreting the language of the Indiana Code on the date of ratification it is to be construed with administrative and courts of record decisions and orders relative to such statutory language existing on or before the date of such ratification

D Severability

In the event that any article section or clause is declared unlawful or invalid by a court of competent jurisdiction it shall be immediately deleted to the extent of the violation but all other provisions and applications of the contract shall continue in full force and effect Northing in this section shall be construed as a waiver by either party of its constitutional right against the impainnent of this existing contract by subsequent legislative action as guaranteed by the Indiana Constitution Article I Section 24

E Coverage

All members of the bargaining unit will be subject to the tenns and conditions of this contract

39

Contract Btw bullbulln Tri-Ck Sdtool Corporation and Tri-C k Tlche Organization Effective Janulry 12009

F Execution and Effective Date

Effective Date January 12009

IN WITNESS WHEREOF this contract is made and entered into this 10th day of March 2011

ATTEST

(L (2lt ~ Superintendent of Schools

As ratified by the TeTO on March 7 2011

As passed by a majority of the full Board in public and posted session on March 102011

40

Contract Between Tri-C k School Corporation and Tri-C k Teach Organization Effective January I 2009

APPENDIX A

Salary Schedule Extra-Duty Pay

and

Fringe Benefits for the Term of the Contract

41

Effectiv January 12009 Conlnet Betw_ Tri-Ck Sthool Corporation and Tri-Crek T hbull Organization

SALARY SCHEDULE

2009 TRI-CREEK SCHOOL CORPORATION

BS BS+15 MS MS+15 MS+30I

0 100 33670 103

1 104 35017 107

2 108 36364 111

3 112 37710 115

4 116 39057 119

5 120 40404 123

6 124 41751 127

7 128 43098 131

8 132 44444 135

9 136 45791 139

10 140 47138 143

11 140 47138 143

12 lAO 47138 143

13 144 48485 147

14 144 48485 147

15 148 49832 151

16 148 49832 151

17 1048 49832 151

18 148 49832 151

19 148 49832 151

20 152 51178 155

34680 108 36364

36027 112 37710

37374 116 39057

38721 120 40404

40067 124 41751

41414 128 43098

42761 132 44444 136 45791

44108 136 45791 lAO 47138

45455 lAO 47138 144 48485

46801 144 48485 1048 49832

48148 1048 49832 152 51178

48148 152 51178 156 52525

48148 156 52525 160 53872

49495 160 53872 164 55219

49495 164 55219 168 56566

50842 168 56566 172 57912

50842 172 57912 176 59259

50842 176 59259 180 60606

50842 180 60606 184 61953

50842 184 61953 188 63300

52189 188 63300 192 64646

lAO 47138

144 48485

1048 49832

152 51178

156 52525

160 53872

164 55219

168 56566

172 57912

176 59259

180 60606

184 61953

188 63300

192 64646

196 65993

42

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

cntrad Betwn TrI-C k School Corporation and TrI-C k T ebbull Organization EIlIiv January 12009

Application for leave shall be to the superintendent through the building principal The application shall state a reason which may be personal business andor personal or civic affairs When the principal determines that an excessive number of substitute teachers is required for personal leave on a particular day the principal may ask a teacher seeking leave to voluntarily forego the use of the leave

Unused personal leave may be transferred to sick leave at the end of the school year unless the teacher retains a day for accumulation purposes The limit of days of accumulated sick leave in A-2 above will not be exceeded

NOTE The administrator will notify the building representative when heshe intends to apply the provisions of paragraph three (3) above

E Jury Duty

Any teacher who is called for jury duty or receives a summons shall during hislher absence be paid his regular salary less the total per diem allowance earned on jury duty Jury duty pay back to the corporation will be prorated for part-time employees with the remainder going to the teacher

F Maternity Leave

Upon written application by a pregnant teacher to the superintendent the Board shall grant maternity leave of up to one (1) year without payor fringe benefits for the time the teacher is on unpaid leave

The leave may be taken any time between commencement of pregnancy and one (1) year following the birth of the child When the teacher applies for the leave she shall state the expected length of the leave

The application shall be submitted to the Board through the superintendent thirty (30) days prior to the start of the leave

Upon certification by a physician that a medical emergency has been caused by the pregnancy the thirty (30) day notice period will be waived

A teacher may use available sick leave at her discretion for any portion of the leave which occurs between commencement of pregnancy and the time when an attending physician certifies that she is no longer temporarily disabled

Upon return from maternity leave a teacher shall be offered a position in TrishyCreek School Corporation

A teacher shall not lose her tenure status or rights under this contract as a result of a maternity leave nor shall said leave be considered an interruption of service towards obtaining tenure status

The Board at its discretion and upon written request by the teacher may extend a maternity leave

Adoptive leave shall be granted according to the following guidelines

Upon initial application for the adoption the teacher shall notify the superintendent ofhislher intent

33

EIfdive Jnuary I 1009 Contra Between Tri-C ek Slthool Corporation nd Tri-Ck T he Orpnizatlon

The period of the leave shall commence when the child is physically turned over to the teacherparent

Adoptive leave shall continue through the current school year without pay or fringe benefits The Board may extend said leave through the succeeding year at its discretion and upon written request of the teacher if the child is not of school age

Upon return from adoptive leave a teacher shall be offered a position in the TriMCreek School Corporation

A teacher shall not lose hislher tenure status or rights under this contract as a result of adoptive leave nor shall said leave be considered an interruption of service towards obtaining tenure status

A teacher may return from adoptive leave at the beginning of the school year

G Organization Leave

Whenever the parties agree to hold a hearing or meeting during school hours members of the bargaining unit who are scheduled to participate will not suffer loss of payor credit for days of leave

The Organization President andor hislher designee(s) shall be entitled to a total of ten (10) days each year during the long legislative session and eight (8) days each year during the short legislative session for Organization business without loss of compensation The Organization shall reimburse the corporation for the cost of the substitute

The Organizations President(s) (a maximum of two) shall not be assigned any supervisory duties such as but not limited to recess duty lunch duty study hall supervision parking lot duty bus duty hall duty or cafeteria duty

H Benefit Proration During Disability and Maternity Leave

In order to compute the proper level of Board contribution towards group insurance benefits during a period when a mix of active employmentpaid leave and unpaid leave occurs the percentage of regular Board contribution will be determined by dividing the total days in active employment and paid leave by the total contract days of such period For the purposes of this section the period of time will be deemed to be the calendar year which is consistent with the insurance plan year

1 Family Medical Leave Act

The Tri-Creek School Corporation will comply with the provisions of the Family Medical Leave Act of 1993 (herein referred to as FMLA) FMLA shall be available for up to twelve (12) weeks to employees for the birth of a child or the placement of a foster child to care for a seriously ill spouse child or parent or due to the employees own serious health condition Intermittent or reduced schedule leaves shall be available for up to twelve (12) weeks of leave in a year for a serious health condition of the employee which makes him or her unable to perform the functions of his or her job or to care for the employees spouse child

34

Contract Between Tri-Creek School Corporation and Tri-C k Tadlcn Organization Effective January I 1009

or parent who has a serious health condition The twelve (12) month period for eligibility for the use of FMLA shall be counted from the last day of the twelfth week of any prior FMLA leave that the employee has used An employee on FMLA shall receive the same health life and dental insurance (vision effective August 1 1995) as active certificated unit employees

XVI NON-COMPENSABLE LEAVES

A Service in Peace Corps Foreign Exchange Teaching Program Exchange Teaching or Similar Government Programs

A leave of absence without payor fringe benefits shall be allowed upon approval of the Board and superintendent of up to two (2) school years

This must be on a full-time basis

Written request for said leave shall be submitted in writing to the Board through the superintendent by March 1 of the school year prior to the start of the desired leave

Notification of a desire to return from leave shall be received in writing by March 1 of the school year prior to the return date

At no time will the leave terminate after the beginning of a school year

One year of experience on the salary schedule will be granted for each one (1) year ofleave in itA above

B Campaigning or Serving in Public Office

Upon approval of the Board the superintendent may grant a leave of absence of not less than one (1) semester or more than the term of said office without pay fringe benefits and increments to any teacher to campaign for or serve in a public office

C Study or Special Teaching

A leave of absence of up to one (1) year without payor fringe benefits shall be allowed upon approval of the Board and superintendent for study research or special teaching in the teachers major field

Written request for such leave shall be received by the superintendent by March 1 in the school year prior to the term the leave is to start

The request shall include a plan of study for which the leave is requested Failure to complete the plan of study without the superintendents approval shall be grounds for automatic forfeiture of the applicants re-employment rights with the school corporation

Notification of a desire to return from leave of absence shall be received in writing by March 1 of the school year prior to the return date

One (1) year ofexperience on the salary schedule may be granted by the Board for one (1) year of specialized teaching in the teachers major field during the leave of absence

35

Contract Becwee Tri-Creek Sdf)ol Corporalion and Tri-Creek Teahers Organization Elfective January I 2009

D Personal Illness Personal Disability or Illness in the Immediate Family

A leave of absence without pay fringe benefits or increments shall be allowed upon approval of the Board and superintendent of up to one (1) school year

Written request for said leave shall be submitted to the Board through the superintendent

Notification of intent to return must be made in writing to the superintendent

Notification must be made by March 1 for re-employment at the start of the school year

Notification must be made sixty (60) days prior to the second semester for reshyemployment at the beginning of the second semester ofa school year

E General Provisions for Non-Compensable Leaves

The Board may at its discretion and upon written request extend any nonshycompensable leave that has been granted to the teacher

Upon return from any non-compensable leave a teacher shall be offered a position in Tri-Creek School Corporation

XVII MID-CONTRACT LANGUAGE ALTERATIONS BY CONTRACT MAINTENANCE COMMITEE (CMC)

A The Contract Maintenance Committee (CMC) in accord with the following charts provision shall have the power to establish proactive changes or make additions to the bargaining contract language effect on the date of the CMCs final actions and signature of the collective respective party representatives The participants shall decide if there is a need for a committee voting system or not

B The CMC shall memorialize contract changes which shall be annually thereafter incorporated into the contract without change or bargaining but subject to the Contract Association ratification and Board passage in public session

C Language items previously brought to the CMC thirty (30) days prior to the initiation of bargaining for the successor agreement which have not been resolved shall be subjects of bargaining and items brought in less than thirty (30) days shall not be so bargained

D The provisions of Article XVII its process and contract language product shall not be subject to the grievance procedure

E CMC Flow Charts

36

Effective Jbullbullbullbullry 12009Contract Between TrimiddotCreek Slthool Corporation nd Tri-Creek T h OIJlnixation

Network for Non-Economic Language Contract Changes (economics during regular bargaining)

CONTRACT MAINTENANCE Monthly Meetings or On Call

MembershiD bull Co-presidents bull Superintendent bull Others (Uniserv Director Assistant Superintendent

Attorney

All Contract Changes By Memo of Understanding incorporated in next contract without bargaining but effective immediately

Issues bull Systemic localized bull Joint

Functions Issue parameters (dictate the forum) bull Language or economics bull Systemic or local bull Imposed from outside bull Power block push bull Mess up

Optional Forums

Fix ItSolve It Drop It Inshy

house

Provide Inside

Information

To Grievance Procedure

To Discussion with a

ChargeTimelines

Defer to Regular

Bargaining

Any of the above forums may generate a joint task force (subcommittee) bull Given

o Charge o Timelines

bull Membership is determined by Contract Maintenance Committee bull Analysis

o This approach violates the ISBA rule against year-round bargaining o This approach burdens parties to constantly marshal constituency concerns o One advantage is that we address the problem closer in time and situation

bull There are other mid-contract forums Joint Finance Committee and Joint Insurance Committee

Problem-solying Function bull Identify problem parameters bull Identify the relationship of the problem to the contract or

Board policy bull Identify each partys fundamental interests bull Collect data to measure problem parameters and to

generate multiple options spectrum bull Match the joint interests to the options that are generated bull Report joint or separate recommendations including the

vehicle and consolidated report of the above functions

product bull Pilot or Permanent Contract Change effective

immediately bull Board Policy Change bull Interim Solution bull Memo of Understanding bull Amendatory Agreement

37

Contract Between Tri-Creek School COrporation and Tri-Creek Teachen Organization Effective January 12009

Extra-Curricular Schedule and Alterations

1 Anytime during the year either party may bring the creation of a new position(s) to Discussion 2 If the parties do agree on the need and the place on the salary schedule the extra-curricular schedule change can

be immediately initiated by a Memo of Understanding that is just added to the next contract without bargaining 3 If the parties do not agree on either the need or the compensation management may determine the need and

assign a compensation level and make the appointments immediately and then bargain those issues immediately

4 If management does not see the need to add a position the parties must await the next contract bargaining

Optional Forums bull To Discussion with a chargetimelines bull Defer to regular Bargaining bull To grievance procedures bull Solve it immediately by

o Amendatory Agreement o Policy o Memo of Understanding o Superintendent letter o JOint letter or notice

bull Drop it bull Fix it in-house bull Provide inside information bull Create specific Joint Task Force

o Given bull Charge bull TimeJines

o Membership bull Linkage bull Remainder determined by Contract Maintenance Committee

o Analysis bull Violates ISBA no bargaining year round bull Burdens parties to constantly marshal constituency concerns-no wait for crisis by screw-up bull Advantage of addressing problem closer in time and situation

o Other Mid-contract Forums bull Joint Finance Committee bull Joint Insurance Committee

bull Problem-solving Function o Identify problem parameters o Identify problems relationship to the contract or policy o Identify each parties fundamental interests o Collect data to measure problem parameters and to generate options spectrum o Match parties or joint interests to options

bull Vehicle Options o Contract change

38

Effective January t lOO9Contract Between Tri-ClMk School Corporation and Tri-Creek Teachon Organization

XVIII EFFECT OF THE CONTRACT

A Tenn of the Contract

This contract shall be effective January 12009 and shall remain in effect through June 30 2014 This contract shall not be extended orally and it is expressly understood that it shall expire on the date indicated subject to the provisions of Indiana Code 20-29-1 et seq The parties shall meet by May 2 2011 and establish the retroactive salary and ECA compensation Similarly the parties shall meet by May 1 2012 and establish the retroactive salary and ECA compensation For 2013 either party may give unilateral written notice by November 122012 to meet by November 30 2012 to establish retroactive salary and ECA compensation With such notice either party may identify up to three (3) current contract items to deal with effective for 2013 If neither party chooses to give notice the parties shall meet by May 1 2013 and establish retroactive salary and ECA compensation

B Zipper Clause

The Board and the Organization agree that the tenns and conditions set forth herein represent the full and complete understanding

C Effect of the Contract

Effective with the date of ratification of this contract by the parties when the Indiana Code is referenced in this contract the language will be the Indiana Code in effect on the date of the contract ratification on the date set forth above and not as amended supplemented or superseded by subsequent action of the Indiana General Assembly In interpreting the language of the Indiana Code on the date of ratification it is to be construed with administrative and courts of record decisions and orders relative to such statutory language existing on or before the date of such ratification

D Severability

In the event that any article section or clause is declared unlawful or invalid by a court of competent jurisdiction it shall be immediately deleted to the extent of the violation but all other provisions and applications of the contract shall continue in full force and effect Northing in this section shall be construed as a waiver by either party of its constitutional right against the impainnent of this existing contract by subsequent legislative action as guaranteed by the Indiana Constitution Article I Section 24

E Coverage

All members of the bargaining unit will be subject to the tenns and conditions of this contract

39

Contract Btw bullbulln Tri-Ck Sdtool Corporation and Tri-C k Tlche Organization Effective Janulry 12009

F Execution and Effective Date

Effective Date January 12009

IN WITNESS WHEREOF this contract is made and entered into this 10th day of March 2011

ATTEST

(L (2lt ~ Superintendent of Schools

As ratified by the TeTO on March 7 2011

As passed by a majority of the full Board in public and posted session on March 102011

40

Contract Between Tri-C k School Corporation and Tri-C k Teach Organization Effective January I 2009

APPENDIX A

Salary Schedule Extra-Duty Pay

and

Fringe Benefits for the Term of the Contract

41

Effectiv January 12009 Conlnet Betw_ Tri-Ck Sthool Corporation and Tri-Crek T hbull Organization

SALARY SCHEDULE

2009 TRI-CREEK SCHOOL CORPORATION

BS BS+15 MS MS+15 MS+30I

0 100 33670 103

1 104 35017 107

2 108 36364 111

3 112 37710 115

4 116 39057 119

5 120 40404 123

6 124 41751 127

7 128 43098 131

8 132 44444 135

9 136 45791 139

10 140 47138 143

11 140 47138 143

12 lAO 47138 143

13 144 48485 147

14 144 48485 147

15 148 49832 151

16 148 49832 151

17 1048 49832 151

18 148 49832 151

19 148 49832 151

20 152 51178 155

34680 108 36364

36027 112 37710

37374 116 39057

38721 120 40404

40067 124 41751

41414 128 43098

42761 132 44444 136 45791

44108 136 45791 lAO 47138

45455 lAO 47138 144 48485

46801 144 48485 1048 49832

48148 1048 49832 152 51178

48148 152 51178 156 52525

48148 156 52525 160 53872

49495 160 53872 164 55219

49495 164 55219 168 56566

50842 168 56566 172 57912

50842 172 57912 176 59259

50842 176 59259 180 60606

50842 180 60606 184 61953

50842 184 61953 188 63300

52189 188 63300 192 64646

lAO 47138

144 48485

1048 49832

152 51178

156 52525

160 53872

164 55219

168 56566

172 57912

176 59259

180 60606

184 61953

188 63300

192 64646

196 65993

42

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

EIfdive Jnuary I 1009 Contra Between Tri-C ek Slthool Corporation nd Tri-Ck T he Orpnizatlon

The period of the leave shall commence when the child is physically turned over to the teacherparent

Adoptive leave shall continue through the current school year without pay or fringe benefits The Board may extend said leave through the succeeding year at its discretion and upon written request of the teacher if the child is not of school age

Upon return from adoptive leave a teacher shall be offered a position in the TriMCreek School Corporation

A teacher shall not lose hislher tenure status or rights under this contract as a result of adoptive leave nor shall said leave be considered an interruption of service towards obtaining tenure status

A teacher may return from adoptive leave at the beginning of the school year

G Organization Leave

Whenever the parties agree to hold a hearing or meeting during school hours members of the bargaining unit who are scheduled to participate will not suffer loss of payor credit for days of leave

The Organization President andor hislher designee(s) shall be entitled to a total of ten (10) days each year during the long legislative session and eight (8) days each year during the short legislative session for Organization business without loss of compensation The Organization shall reimburse the corporation for the cost of the substitute

The Organizations President(s) (a maximum of two) shall not be assigned any supervisory duties such as but not limited to recess duty lunch duty study hall supervision parking lot duty bus duty hall duty or cafeteria duty

H Benefit Proration During Disability and Maternity Leave

In order to compute the proper level of Board contribution towards group insurance benefits during a period when a mix of active employmentpaid leave and unpaid leave occurs the percentage of regular Board contribution will be determined by dividing the total days in active employment and paid leave by the total contract days of such period For the purposes of this section the period of time will be deemed to be the calendar year which is consistent with the insurance plan year

1 Family Medical Leave Act

The Tri-Creek School Corporation will comply with the provisions of the Family Medical Leave Act of 1993 (herein referred to as FMLA) FMLA shall be available for up to twelve (12) weeks to employees for the birth of a child or the placement of a foster child to care for a seriously ill spouse child or parent or due to the employees own serious health condition Intermittent or reduced schedule leaves shall be available for up to twelve (12) weeks of leave in a year for a serious health condition of the employee which makes him or her unable to perform the functions of his or her job or to care for the employees spouse child

34

Contract Between Tri-Creek School Corporation and Tri-C k Tadlcn Organization Effective January I 1009

or parent who has a serious health condition The twelve (12) month period for eligibility for the use of FMLA shall be counted from the last day of the twelfth week of any prior FMLA leave that the employee has used An employee on FMLA shall receive the same health life and dental insurance (vision effective August 1 1995) as active certificated unit employees

XVI NON-COMPENSABLE LEAVES

A Service in Peace Corps Foreign Exchange Teaching Program Exchange Teaching or Similar Government Programs

A leave of absence without payor fringe benefits shall be allowed upon approval of the Board and superintendent of up to two (2) school years

This must be on a full-time basis

Written request for said leave shall be submitted in writing to the Board through the superintendent by March 1 of the school year prior to the start of the desired leave

Notification of a desire to return from leave shall be received in writing by March 1 of the school year prior to the return date

At no time will the leave terminate after the beginning of a school year

One year of experience on the salary schedule will be granted for each one (1) year ofleave in itA above

B Campaigning or Serving in Public Office

Upon approval of the Board the superintendent may grant a leave of absence of not less than one (1) semester or more than the term of said office without pay fringe benefits and increments to any teacher to campaign for or serve in a public office

C Study or Special Teaching

A leave of absence of up to one (1) year without payor fringe benefits shall be allowed upon approval of the Board and superintendent for study research or special teaching in the teachers major field

Written request for such leave shall be received by the superintendent by March 1 in the school year prior to the term the leave is to start

The request shall include a plan of study for which the leave is requested Failure to complete the plan of study without the superintendents approval shall be grounds for automatic forfeiture of the applicants re-employment rights with the school corporation

Notification of a desire to return from leave of absence shall be received in writing by March 1 of the school year prior to the return date

One (1) year ofexperience on the salary schedule may be granted by the Board for one (1) year of specialized teaching in the teachers major field during the leave of absence

35

Contract Becwee Tri-Creek Sdf)ol Corporalion and Tri-Creek Teahers Organization Elfective January I 2009

D Personal Illness Personal Disability or Illness in the Immediate Family

A leave of absence without pay fringe benefits or increments shall be allowed upon approval of the Board and superintendent of up to one (1) school year

Written request for said leave shall be submitted to the Board through the superintendent

Notification of intent to return must be made in writing to the superintendent

Notification must be made by March 1 for re-employment at the start of the school year

Notification must be made sixty (60) days prior to the second semester for reshyemployment at the beginning of the second semester ofa school year

E General Provisions for Non-Compensable Leaves

The Board may at its discretion and upon written request extend any nonshycompensable leave that has been granted to the teacher

Upon return from any non-compensable leave a teacher shall be offered a position in Tri-Creek School Corporation

XVII MID-CONTRACT LANGUAGE ALTERATIONS BY CONTRACT MAINTENANCE COMMITEE (CMC)

A The Contract Maintenance Committee (CMC) in accord with the following charts provision shall have the power to establish proactive changes or make additions to the bargaining contract language effect on the date of the CMCs final actions and signature of the collective respective party representatives The participants shall decide if there is a need for a committee voting system or not

B The CMC shall memorialize contract changes which shall be annually thereafter incorporated into the contract without change or bargaining but subject to the Contract Association ratification and Board passage in public session

C Language items previously brought to the CMC thirty (30) days prior to the initiation of bargaining for the successor agreement which have not been resolved shall be subjects of bargaining and items brought in less than thirty (30) days shall not be so bargained

D The provisions of Article XVII its process and contract language product shall not be subject to the grievance procedure

E CMC Flow Charts

36

Effective Jbullbullbullbullry 12009Contract Between TrimiddotCreek Slthool Corporation nd Tri-Creek T h OIJlnixation

Network for Non-Economic Language Contract Changes (economics during regular bargaining)

CONTRACT MAINTENANCE Monthly Meetings or On Call

MembershiD bull Co-presidents bull Superintendent bull Others (Uniserv Director Assistant Superintendent

Attorney

All Contract Changes By Memo of Understanding incorporated in next contract without bargaining but effective immediately

Issues bull Systemic localized bull Joint

Functions Issue parameters (dictate the forum) bull Language or economics bull Systemic or local bull Imposed from outside bull Power block push bull Mess up

Optional Forums

Fix ItSolve It Drop It Inshy

house

Provide Inside

Information

To Grievance Procedure

To Discussion with a

ChargeTimelines

Defer to Regular

Bargaining

Any of the above forums may generate a joint task force (subcommittee) bull Given

o Charge o Timelines

bull Membership is determined by Contract Maintenance Committee bull Analysis

o This approach violates the ISBA rule against year-round bargaining o This approach burdens parties to constantly marshal constituency concerns o One advantage is that we address the problem closer in time and situation

bull There are other mid-contract forums Joint Finance Committee and Joint Insurance Committee

Problem-solying Function bull Identify problem parameters bull Identify the relationship of the problem to the contract or

Board policy bull Identify each partys fundamental interests bull Collect data to measure problem parameters and to

generate multiple options spectrum bull Match the joint interests to the options that are generated bull Report joint or separate recommendations including the

vehicle and consolidated report of the above functions

product bull Pilot or Permanent Contract Change effective

immediately bull Board Policy Change bull Interim Solution bull Memo of Understanding bull Amendatory Agreement

37

Contract Between Tri-Creek School COrporation and Tri-Creek Teachen Organization Effective January 12009

Extra-Curricular Schedule and Alterations

1 Anytime during the year either party may bring the creation of a new position(s) to Discussion 2 If the parties do agree on the need and the place on the salary schedule the extra-curricular schedule change can

be immediately initiated by a Memo of Understanding that is just added to the next contract without bargaining 3 If the parties do not agree on either the need or the compensation management may determine the need and

assign a compensation level and make the appointments immediately and then bargain those issues immediately

4 If management does not see the need to add a position the parties must await the next contract bargaining

Optional Forums bull To Discussion with a chargetimelines bull Defer to regular Bargaining bull To grievance procedures bull Solve it immediately by

o Amendatory Agreement o Policy o Memo of Understanding o Superintendent letter o JOint letter or notice

bull Drop it bull Fix it in-house bull Provide inside information bull Create specific Joint Task Force

o Given bull Charge bull TimeJines

o Membership bull Linkage bull Remainder determined by Contract Maintenance Committee

o Analysis bull Violates ISBA no bargaining year round bull Burdens parties to constantly marshal constituency concerns-no wait for crisis by screw-up bull Advantage of addressing problem closer in time and situation

o Other Mid-contract Forums bull Joint Finance Committee bull Joint Insurance Committee

bull Problem-solving Function o Identify problem parameters o Identify problems relationship to the contract or policy o Identify each parties fundamental interests o Collect data to measure problem parameters and to generate options spectrum o Match parties or joint interests to options

bull Vehicle Options o Contract change

38

Effective January t lOO9Contract Between Tri-ClMk School Corporation and Tri-Creek Teachon Organization

XVIII EFFECT OF THE CONTRACT

A Tenn of the Contract

This contract shall be effective January 12009 and shall remain in effect through June 30 2014 This contract shall not be extended orally and it is expressly understood that it shall expire on the date indicated subject to the provisions of Indiana Code 20-29-1 et seq The parties shall meet by May 2 2011 and establish the retroactive salary and ECA compensation Similarly the parties shall meet by May 1 2012 and establish the retroactive salary and ECA compensation For 2013 either party may give unilateral written notice by November 122012 to meet by November 30 2012 to establish retroactive salary and ECA compensation With such notice either party may identify up to three (3) current contract items to deal with effective for 2013 If neither party chooses to give notice the parties shall meet by May 1 2013 and establish retroactive salary and ECA compensation

B Zipper Clause

The Board and the Organization agree that the tenns and conditions set forth herein represent the full and complete understanding

C Effect of the Contract

Effective with the date of ratification of this contract by the parties when the Indiana Code is referenced in this contract the language will be the Indiana Code in effect on the date of the contract ratification on the date set forth above and not as amended supplemented or superseded by subsequent action of the Indiana General Assembly In interpreting the language of the Indiana Code on the date of ratification it is to be construed with administrative and courts of record decisions and orders relative to such statutory language existing on or before the date of such ratification

D Severability

In the event that any article section or clause is declared unlawful or invalid by a court of competent jurisdiction it shall be immediately deleted to the extent of the violation but all other provisions and applications of the contract shall continue in full force and effect Northing in this section shall be construed as a waiver by either party of its constitutional right against the impainnent of this existing contract by subsequent legislative action as guaranteed by the Indiana Constitution Article I Section 24

E Coverage

All members of the bargaining unit will be subject to the tenns and conditions of this contract

39

Contract Btw bullbulln Tri-Ck Sdtool Corporation and Tri-C k Tlche Organization Effective Janulry 12009

F Execution and Effective Date

Effective Date January 12009

IN WITNESS WHEREOF this contract is made and entered into this 10th day of March 2011

ATTEST

(L (2lt ~ Superintendent of Schools

As ratified by the TeTO on March 7 2011

As passed by a majority of the full Board in public and posted session on March 102011

40

Contract Between Tri-C k School Corporation and Tri-C k Teach Organization Effective January I 2009

APPENDIX A

Salary Schedule Extra-Duty Pay

and

Fringe Benefits for the Term of the Contract

41

Effectiv January 12009 Conlnet Betw_ Tri-Ck Sthool Corporation and Tri-Crek T hbull Organization

SALARY SCHEDULE

2009 TRI-CREEK SCHOOL CORPORATION

BS BS+15 MS MS+15 MS+30I

0 100 33670 103

1 104 35017 107

2 108 36364 111

3 112 37710 115

4 116 39057 119

5 120 40404 123

6 124 41751 127

7 128 43098 131

8 132 44444 135

9 136 45791 139

10 140 47138 143

11 140 47138 143

12 lAO 47138 143

13 144 48485 147

14 144 48485 147

15 148 49832 151

16 148 49832 151

17 1048 49832 151

18 148 49832 151

19 148 49832 151

20 152 51178 155

34680 108 36364

36027 112 37710

37374 116 39057

38721 120 40404

40067 124 41751

41414 128 43098

42761 132 44444 136 45791

44108 136 45791 lAO 47138

45455 lAO 47138 144 48485

46801 144 48485 1048 49832

48148 1048 49832 152 51178

48148 152 51178 156 52525

48148 156 52525 160 53872

49495 160 53872 164 55219

49495 164 55219 168 56566

50842 168 56566 172 57912

50842 172 57912 176 59259

50842 176 59259 180 60606

50842 180 60606 184 61953

50842 184 61953 188 63300

52189 188 63300 192 64646

lAO 47138

144 48485

1048 49832

152 51178

156 52525

160 53872

164 55219

168 56566

172 57912

176 59259

180 60606

184 61953

188 63300

192 64646

196 65993

42

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

Contract Between Tri-Creek School Corporation and Tri-C k Tadlcn Organization Effective January I 1009

or parent who has a serious health condition The twelve (12) month period for eligibility for the use of FMLA shall be counted from the last day of the twelfth week of any prior FMLA leave that the employee has used An employee on FMLA shall receive the same health life and dental insurance (vision effective August 1 1995) as active certificated unit employees

XVI NON-COMPENSABLE LEAVES

A Service in Peace Corps Foreign Exchange Teaching Program Exchange Teaching or Similar Government Programs

A leave of absence without payor fringe benefits shall be allowed upon approval of the Board and superintendent of up to two (2) school years

This must be on a full-time basis

Written request for said leave shall be submitted in writing to the Board through the superintendent by March 1 of the school year prior to the start of the desired leave

Notification of a desire to return from leave shall be received in writing by March 1 of the school year prior to the return date

At no time will the leave terminate after the beginning of a school year

One year of experience on the salary schedule will be granted for each one (1) year ofleave in itA above

B Campaigning or Serving in Public Office

Upon approval of the Board the superintendent may grant a leave of absence of not less than one (1) semester or more than the term of said office without pay fringe benefits and increments to any teacher to campaign for or serve in a public office

C Study or Special Teaching

A leave of absence of up to one (1) year without payor fringe benefits shall be allowed upon approval of the Board and superintendent for study research or special teaching in the teachers major field

Written request for such leave shall be received by the superintendent by March 1 in the school year prior to the term the leave is to start

The request shall include a plan of study for which the leave is requested Failure to complete the plan of study without the superintendents approval shall be grounds for automatic forfeiture of the applicants re-employment rights with the school corporation

Notification of a desire to return from leave of absence shall be received in writing by March 1 of the school year prior to the return date

One (1) year ofexperience on the salary schedule may be granted by the Board for one (1) year of specialized teaching in the teachers major field during the leave of absence

35

Contract Becwee Tri-Creek Sdf)ol Corporalion and Tri-Creek Teahers Organization Elfective January I 2009

D Personal Illness Personal Disability or Illness in the Immediate Family

A leave of absence without pay fringe benefits or increments shall be allowed upon approval of the Board and superintendent of up to one (1) school year

Written request for said leave shall be submitted to the Board through the superintendent

Notification of intent to return must be made in writing to the superintendent

Notification must be made by March 1 for re-employment at the start of the school year

Notification must be made sixty (60) days prior to the second semester for reshyemployment at the beginning of the second semester ofa school year

E General Provisions for Non-Compensable Leaves

The Board may at its discretion and upon written request extend any nonshycompensable leave that has been granted to the teacher

Upon return from any non-compensable leave a teacher shall be offered a position in Tri-Creek School Corporation

XVII MID-CONTRACT LANGUAGE ALTERATIONS BY CONTRACT MAINTENANCE COMMITEE (CMC)

A The Contract Maintenance Committee (CMC) in accord with the following charts provision shall have the power to establish proactive changes or make additions to the bargaining contract language effect on the date of the CMCs final actions and signature of the collective respective party representatives The participants shall decide if there is a need for a committee voting system or not

B The CMC shall memorialize contract changes which shall be annually thereafter incorporated into the contract without change or bargaining but subject to the Contract Association ratification and Board passage in public session

C Language items previously brought to the CMC thirty (30) days prior to the initiation of bargaining for the successor agreement which have not been resolved shall be subjects of bargaining and items brought in less than thirty (30) days shall not be so bargained

D The provisions of Article XVII its process and contract language product shall not be subject to the grievance procedure

E CMC Flow Charts

36

Effective Jbullbullbullbullry 12009Contract Between TrimiddotCreek Slthool Corporation nd Tri-Creek T h OIJlnixation

Network for Non-Economic Language Contract Changes (economics during regular bargaining)

CONTRACT MAINTENANCE Monthly Meetings or On Call

MembershiD bull Co-presidents bull Superintendent bull Others (Uniserv Director Assistant Superintendent

Attorney

All Contract Changes By Memo of Understanding incorporated in next contract without bargaining but effective immediately

Issues bull Systemic localized bull Joint

Functions Issue parameters (dictate the forum) bull Language or economics bull Systemic or local bull Imposed from outside bull Power block push bull Mess up

Optional Forums

Fix ItSolve It Drop It Inshy

house

Provide Inside

Information

To Grievance Procedure

To Discussion with a

ChargeTimelines

Defer to Regular

Bargaining

Any of the above forums may generate a joint task force (subcommittee) bull Given

o Charge o Timelines

bull Membership is determined by Contract Maintenance Committee bull Analysis

o This approach violates the ISBA rule against year-round bargaining o This approach burdens parties to constantly marshal constituency concerns o One advantage is that we address the problem closer in time and situation

bull There are other mid-contract forums Joint Finance Committee and Joint Insurance Committee

Problem-solying Function bull Identify problem parameters bull Identify the relationship of the problem to the contract or

Board policy bull Identify each partys fundamental interests bull Collect data to measure problem parameters and to

generate multiple options spectrum bull Match the joint interests to the options that are generated bull Report joint or separate recommendations including the

vehicle and consolidated report of the above functions

product bull Pilot or Permanent Contract Change effective

immediately bull Board Policy Change bull Interim Solution bull Memo of Understanding bull Amendatory Agreement

37

Contract Between Tri-Creek School COrporation and Tri-Creek Teachen Organization Effective January 12009

Extra-Curricular Schedule and Alterations

1 Anytime during the year either party may bring the creation of a new position(s) to Discussion 2 If the parties do agree on the need and the place on the salary schedule the extra-curricular schedule change can

be immediately initiated by a Memo of Understanding that is just added to the next contract without bargaining 3 If the parties do not agree on either the need or the compensation management may determine the need and

assign a compensation level and make the appointments immediately and then bargain those issues immediately

4 If management does not see the need to add a position the parties must await the next contract bargaining

Optional Forums bull To Discussion with a chargetimelines bull Defer to regular Bargaining bull To grievance procedures bull Solve it immediately by

o Amendatory Agreement o Policy o Memo of Understanding o Superintendent letter o JOint letter or notice

bull Drop it bull Fix it in-house bull Provide inside information bull Create specific Joint Task Force

o Given bull Charge bull TimeJines

o Membership bull Linkage bull Remainder determined by Contract Maintenance Committee

o Analysis bull Violates ISBA no bargaining year round bull Burdens parties to constantly marshal constituency concerns-no wait for crisis by screw-up bull Advantage of addressing problem closer in time and situation

o Other Mid-contract Forums bull Joint Finance Committee bull Joint Insurance Committee

bull Problem-solving Function o Identify problem parameters o Identify problems relationship to the contract or policy o Identify each parties fundamental interests o Collect data to measure problem parameters and to generate options spectrum o Match parties or joint interests to options

bull Vehicle Options o Contract change

38

Effective January t lOO9Contract Between Tri-ClMk School Corporation and Tri-Creek Teachon Organization

XVIII EFFECT OF THE CONTRACT

A Tenn of the Contract

This contract shall be effective January 12009 and shall remain in effect through June 30 2014 This contract shall not be extended orally and it is expressly understood that it shall expire on the date indicated subject to the provisions of Indiana Code 20-29-1 et seq The parties shall meet by May 2 2011 and establish the retroactive salary and ECA compensation Similarly the parties shall meet by May 1 2012 and establish the retroactive salary and ECA compensation For 2013 either party may give unilateral written notice by November 122012 to meet by November 30 2012 to establish retroactive salary and ECA compensation With such notice either party may identify up to three (3) current contract items to deal with effective for 2013 If neither party chooses to give notice the parties shall meet by May 1 2013 and establish retroactive salary and ECA compensation

B Zipper Clause

The Board and the Organization agree that the tenns and conditions set forth herein represent the full and complete understanding

C Effect of the Contract

Effective with the date of ratification of this contract by the parties when the Indiana Code is referenced in this contract the language will be the Indiana Code in effect on the date of the contract ratification on the date set forth above and not as amended supplemented or superseded by subsequent action of the Indiana General Assembly In interpreting the language of the Indiana Code on the date of ratification it is to be construed with administrative and courts of record decisions and orders relative to such statutory language existing on or before the date of such ratification

D Severability

In the event that any article section or clause is declared unlawful or invalid by a court of competent jurisdiction it shall be immediately deleted to the extent of the violation but all other provisions and applications of the contract shall continue in full force and effect Northing in this section shall be construed as a waiver by either party of its constitutional right against the impainnent of this existing contract by subsequent legislative action as guaranteed by the Indiana Constitution Article I Section 24

E Coverage

All members of the bargaining unit will be subject to the tenns and conditions of this contract

39

Contract Btw bullbulln Tri-Ck Sdtool Corporation and Tri-C k Tlche Organization Effective Janulry 12009

F Execution and Effective Date

Effective Date January 12009

IN WITNESS WHEREOF this contract is made and entered into this 10th day of March 2011

ATTEST

(L (2lt ~ Superintendent of Schools

As ratified by the TeTO on March 7 2011

As passed by a majority of the full Board in public and posted session on March 102011

40

Contract Between Tri-C k School Corporation and Tri-C k Teach Organization Effective January I 2009

APPENDIX A

Salary Schedule Extra-Duty Pay

and

Fringe Benefits for the Term of the Contract

41

Effectiv January 12009 Conlnet Betw_ Tri-Ck Sthool Corporation and Tri-Crek T hbull Organization

SALARY SCHEDULE

2009 TRI-CREEK SCHOOL CORPORATION

BS BS+15 MS MS+15 MS+30I

0 100 33670 103

1 104 35017 107

2 108 36364 111

3 112 37710 115

4 116 39057 119

5 120 40404 123

6 124 41751 127

7 128 43098 131

8 132 44444 135

9 136 45791 139

10 140 47138 143

11 140 47138 143

12 lAO 47138 143

13 144 48485 147

14 144 48485 147

15 148 49832 151

16 148 49832 151

17 1048 49832 151

18 148 49832 151

19 148 49832 151

20 152 51178 155

34680 108 36364

36027 112 37710

37374 116 39057

38721 120 40404

40067 124 41751

41414 128 43098

42761 132 44444 136 45791

44108 136 45791 lAO 47138

45455 lAO 47138 144 48485

46801 144 48485 1048 49832

48148 1048 49832 152 51178

48148 152 51178 156 52525

48148 156 52525 160 53872

49495 160 53872 164 55219

49495 164 55219 168 56566

50842 168 56566 172 57912

50842 172 57912 176 59259

50842 176 59259 180 60606

50842 180 60606 184 61953

50842 184 61953 188 63300

52189 188 63300 192 64646

lAO 47138

144 48485

1048 49832

152 51178

156 52525

160 53872

164 55219

168 56566

172 57912

176 59259

180 60606

184 61953

188 63300

192 64646

196 65993

42

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

Contract Becwee Tri-Creek Sdf)ol Corporalion and Tri-Creek Teahers Organization Elfective January I 2009

D Personal Illness Personal Disability or Illness in the Immediate Family

A leave of absence without pay fringe benefits or increments shall be allowed upon approval of the Board and superintendent of up to one (1) school year

Written request for said leave shall be submitted to the Board through the superintendent

Notification of intent to return must be made in writing to the superintendent

Notification must be made by March 1 for re-employment at the start of the school year

Notification must be made sixty (60) days prior to the second semester for reshyemployment at the beginning of the second semester ofa school year

E General Provisions for Non-Compensable Leaves

The Board may at its discretion and upon written request extend any nonshycompensable leave that has been granted to the teacher

Upon return from any non-compensable leave a teacher shall be offered a position in Tri-Creek School Corporation

XVII MID-CONTRACT LANGUAGE ALTERATIONS BY CONTRACT MAINTENANCE COMMITEE (CMC)

A The Contract Maintenance Committee (CMC) in accord with the following charts provision shall have the power to establish proactive changes or make additions to the bargaining contract language effect on the date of the CMCs final actions and signature of the collective respective party representatives The participants shall decide if there is a need for a committee voting system or not

B The CMC shall memorialize contract changes which shall be annually thereafter incorporated into the contract without change or bargaining but subject to the Contract Association ratification and Board passage in public session

C Language items previously brought to the CMC thirty (30) days prior to the initiation of bargaining for the successor agreement which have not been resolved shall be subjects of bargaining and items brought in less than thirty (30) days shall not be so bargained

D The provisions of Article XVII its process and contract language product shall not be subject to the grievance procedure

E CMC Flow Charts

36

Effective Jbullbullbullbullry 12009Contract Between TrimiddotCreek Slthool Corporation nd Tri-Creek T h OIJlnixation

Network for Non-Economic Language Contract Changes (economics during regular bargaining)

CONTRACT MAINTENANCE Monthly Meetings or On Call

MembershiD bull Co-presidents bull Superintendent bull Others (Uniserv Director Assistant Superintendent

Attorney

All Contract Changes By Memo of Understanding incorporated in next contract without bargaining but effective immediately

Issues bull Systemic localized bull Joint

Functions Issue parameters (dictate the forum) bull Language or economics bull Systemic or local bull Imposed from outside bull Power block push bull Mess up

Optional Forums

Fix ItSolve It Drop It Inshy

house

Provide Inside

Information

To Grievance Procedure

To Discussion with a

ChargeTimelines

Defer to Regular

Bargaining

Any of the above forums may generate a joint task force (subcommittee) bull Given

o Charge o Timelines

bull Membership is determined by Contract Maintenance Committee bull Analysis

o This approach violates the ISBA rule against year-round bargaining o This approach burdens parties to constantly marshal constituency concerns o One advantage is that we address the problem closer in time and situation

bull There are other mid-contract forums Joint Finance Committee and Joint Insurance Committee

Problem-solying Function bull Identify problem parameters bull Identify the relationship of the problem to the contract or

Board policy bull Identify each partys fundamental interests bull Collect data to measure problem parameters and to

generate multiple options spectrum bull Match the joint interests to the options that are generated bull Report joint or separate recommendations including the

vehicle and consolidated report of the above functions

product bull Pilot or Permanent Contract Change effective

immediately bull Board Policy Change bull Interim Solution bull Memo of Understanding bull Amendatory Agreement

37

Contract Between Tri-Creek School COrporation and Tri-Creek Teachen Organization Effective January 12009

Extra-Curricular Schedule and Alterations

1 Anytime during the year either party may bring the creation of a new position(s) to Discussion 2 If the parties do agree on the need and the place on the salary schedule the extra-curricular schedule change can

be immediately initiated by a Memo of Understanding that is just added to the next contract without bargaining 3 If the parties do not agree on either the need or the compensation management may determine the need and

assign a compensation level and make the appointments immediately and then bargain those issues immediately

4 If management does not see the need to add a position the parties must await the next contract bargaining

Optional Forums bull To Discussion with a chargetimelines bull Defer to regular Bargaining bull To grievance procedures bull Solve it immediately by

o Amendatory Agreement o Policy o Memo of Understanding o Superintendent letter o JOint letter or notice

bull Drop it bull Fix it in-house bull Provide inside information bull Create specific Joint Task Force

o Given bull Charge bull TimeJines

o Membership bull Linkage bull Remainder determined by Contract Maintenance Committee

o Analysis bull Violates ISBA no bargaining year round bull Burdens parties to constantly marshal constituency concerns-no wait for crisis by screw-up bull Advantage of addressing problem closer in time and situation

o Other Mid-contract Forums bull Joint Finance Committee bull Joint Insurance Committee

bull Problem-solving Function o Identify problem parameters o Identify problems relationship to the contract or policy o Identify each parties fundamental interests o Collect data to measure problem parameters and to generate options spectrum o Match parties or joint interests to options

bull Vehicle Options o Contract change

38

Effective January t lOO9Contract Between Tri-ClMk School Corporation and Tri-Creek Teachon Organization

XVIII EFFECT OF THE CONTRACT

A Tenn of the Contract

This contract shall be effective January 12009 and shall remain in effect through June 30 2014 This contract shall not be extended orally and it is expressly understood that it shall expire on the date indicated subject to the provisions of Indiana Code 20-29-1 et seq The parties shall meet by May 2 2011 and establish the retroactive salary and ECA compensation Similarly the parties shall meet by May 1 2012 and establish the retroactive salary and ECA compensation For 2013 either party may give unilateral written notice by November 122012 to meet by November 30 2012 to establish retroactive salary and ECA compensation With such notice either party may identify up to three (3) current contract items to deal with effective for 2013 If neither party chooses to give notice the parties shall meet by May 1 2013 and establish retroactive salary and ECA compensation

B Zipper Clause

The Board and the Organization agree that the tenns and conditions set forth herein represent the full and complete understanding

C Effect of the Contract

Effective with the date of ratification of this contract by the parties when the Indiana Code is referenced in this contract the language will be the Indiana Code in effect on the date of the contract ratification on the date set forth above and not as amended supplemented or superseded by subsequent action of the Indiana General Assembly In interpreting the language of the Indiana Code on the date of ratification it is to be construed with administrative and courts of record decisions and orders relative to such statutory language existing on or before the date of such ratification

D Severability

In the event that any article section or clause is declared unlawful or invalid by a court of competent jurisdiction it shall be immediately deleted to the extent of the violation but all other provisions and applications of the contract shall continue in full force and effect Northing in this section shall be construed as a waiver by either party of its constitutional right against the impainnent of this existing contract by subsequent legislative action as guaranteed by the Indiana Constitution Article I Section 24

E Coverage

All members of the bargaining unit will be subject to the tenns and conditions of this contract

39

Contract Btw bullbulln Tri-Ck Sdtool Corporation and Tri-C k Tlche Organization Effective Janulry 12009

F Execution and Effective Date

Effective Date January 12009

IN WITNESS WHEREOF this contract is made and entered into this 10th day of March 2011

ATTEST

(L (2lt ~ Superintendent of Schools

As ratified by the TeTO on March 7 2011

As passed by a majority of the full Board in public and posted session on March 102011

40

Contract Between Tri-C k School Corporation and Tri-C k Teach Organization Effective January I 2009

APPENDIX A

Salary Schedule Extra-Duty Pay

and

Fringe Benefits for the Term of the Contract

41

Effectiv January 12009 Conlnet Betw_ Tri-Ck Sthool Corporation and Tri-Crek T hbull Organization

SALARY SCHEDULE

2009 TRI-CREEK SCHOOL CORPORATION

BS BS+15 MS MS+15 MS+30I

0 100 33670 103

1 104 35017 107

2 108 36364 111

3 112 37710 115

4 116 39057 119

5 120 40404 123

6 124 41751 127

7 128 43098 131

8 132 44444 135

9 136 45791 139

10 140 47138 143

11 140 47138 143

12 lAO 47138 143

13 144 48485 147

14 144 48485 147

15 148 49832 151

16 148 49832 151

17 1048 49832 151

18 148 49832 151

19 148 49832 151

20 152 51178 155

34680 108 36364

36027 112 37710

37374 116 39057

38721 120 40404

40067 124 41751

41414 128 43098

42761 132 44444 136 45791

44108 136 45791 lAO 47138

45455 lAO 47138 144 48485

46801 144 48485 1048 49832

48148 1048 49832 152 51178

48148 152 51178 156 52525

48148 156 52525 160 53872

49495 160 53872 164 55219

49495 164 55219 168 56566

50842 168 56566 172 57912

50842 172 57912 176 59259

50842 176 59259 180 60606

50842 180 60606 184 61953

50842 184 61953 188 63300

52189 188 63300 192 64646

lAO 47138

144 48485

1048 49832

152 51178

156 52525

160 53872

164 55219

168 56566

172 57912

176 59259

180 60606

184 61953

188 63300

192 64646

196 65993

42

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

Effective Jbullbullbullbullry 12009Contract Between TrimiddotCreek Slthool Corporation nd Tri-Creek T h OIJlnixation

Network for Non-Economic Language Contract Changes (economics during regular bargaining)

CONTRACT MAINTENANCE Monthly Meetings or On Call

MembershiD bull Co-presidents bull Superintendent bull Others (Uniserv Director Assistant Superintendent

Attorney

All Contract Changes By Memo of Understanding incorporated in next contract without bargaining but effective immediately

Issues bull Systemic localized bull Joint

Functions Issue parameters (dictate the forum) bull Language or economics bull Systemic or local bull Imposed from outside bull Power block push bull Mess up

Optional Forums

Fix ItSolve It Drop It Inshy

house

Provide Inside

Information

To Grievance Procedure

To Discussion with a

ChargeTimelines

Defer to Regular

Bargaining

Any of the above forums may generate a joint task force (subcommittee) bull Given

o Charge o Timelines

bull Membership is determined by Contract Maintenance Committee bull Analysis

o This approach violates the ISBA rule against year-round bargaining o This approach burdens parties to constantly marshal constituency concerns o One advantage is that we address the problem closer in time and situation

bull There are other mid-contract forums Joint Finance Committee and Joint Insurance Committee

Problem-solying Function bull Identify problem parameters bull Identify the relationship of the problem to the contract or

Board policy bull Identify each partys fundamental interests bull Collect data to measure problem parameters and to

generate multiple options spectrum bull Match the joint interests to the options that are generated bull Report joint or separate recommendations including the

vehicle and consolidated report of the above functions

product bull Pilot or Permanent Contract Change effective

immediately bull Board Policy Change bull Interim Solution bull Memo of Understanding bull Amendatory Agreement

37

Contract Between Tri-Creek School COrporation and Tri-Creek Teachen Organization Effective January 12009

Extra-Curricular Schedule and Alterations

1 Anytime during the year either party may bring the creation of a new position(s) to Discussion 2 If the parties do agree on the need and the place on the salary schedule the extra-curricular schedule change can

be immediately initiated by a Memo of Understanding that is just added to the next contract without bargaining 3 If the parties do not agree on either the need or the compensation management may determine the need and

assign a compensation level and make the appointments immediately and then bargain those issues immediately

4 If management does not see the need to add a position the parties must await the next contract bargaining

Optional Forums bull To Discussion with a chargetimelines bull Defer to regular Bargaining bull To grievance procedures bull Solve it immediately by

o Amendatory Agreement o Policy o Memo of Understanding o Superintendent letter o JOint letter or notice

bull Drop it bull Fix it in-house bull Provide inside information bull Create specific Joint Task Force

o Given bull Charge bull TimeJines

o Membership bull Linkage bull Remainder determined by Contract Maintenance Committee

o Analysis bull Violates ISBA no bargaining year round bull Burdens parties to constantly marshal constituency concerns-no wait for crisis by screw-up bull Advantage of addressing problem closer in time and situation

o Other Mid-contract Forums bull Joint Finance Committee bull Joint Insurance Committee

bull Problem-solving Function o Identify problem parameters o Identify problems relationship to the contract or policy o Identify each parties fundamental interests o Collect data to measure problem parameters and to generate options spectrum o Match parties or joint interests to options

bull Vehicle Options o Contract change

38

Effective January t lOO9Contract Between Tri-ClMk School Corporation and Tri-Creek Teachon Organization

XVIII EFFECT OF THE CONTRACT

A Tenn of the Contract

This contract shall be effective January 12009 and shall remain in effect through June 30 2014 This contract shall not be extended orally and it is expressly understood that it shall expire on the date indicated subject to the provisions of Indiana Code 20-29-1 et seq The parties shall meet by May 2 2011 and establish the retroactive salary and ECA compensation Similarly the parties shall meet by May 1 2012 and establish the retroactive salary and ECA compensation For 2013 either party may give unilateral written notice by November 122012 to meet by November 30 2012 to establish retroactive salary and ECA compensation With such notice either party may identify up to three (3) current contract items to deal with effective for 2013 If neither party chooses to give notice the parties shall meet by May 1 2013 and establish retroactive salary and ECA compensation

B Zipper Clause

The Board and the Organization agree that the tenns and conditions set forth herein represent the full and complete understanding

C Effect of the Contract

Effective with the date of ratification of this contract by the parties when the Indiana Code is referenced in this contract the language will be the Indiana Code in effect on the date of the contract ratification on the date set forth above and not as amended supplemented or superseded by subsequent action of the Indiana General Assembly In interpreting the language of the Indiana Code on the date of ratification it is to be construed with administrative and courts of record decisions and orders relative to such statutory language existing on or before the date of such ratification

D Severability

In the event that any article section or clause is declared unlawful or invalid by a court of competent jurisdiction it shall be immediately deleted to the extent of the violation but all other provisions and applications of the contract shall continue in full force and effect Northing in this section shall be construed as a waiver by either party of its constitutional right against the impainnent of this existing contract by subsequent legislative action as guaranteed by the Indiana Constitution Article I Section 24

E Coverage

All members of the bargaining unit will be subject to the tenns and conditions of this contract

39

Contract Btw bullbulln Tri-Ck Sdtool Corporation and Tri-C k Tlche Organization Effective Janulry 12009

F Execution and Effective Date

Effective Date January 12009

IN WITNESS WHEREOF this contract is made and entered into this 10th day of March 2011

ATTEST

(L (2lt ~ Superintendent of Schools

As ratified by the TeTO on March 7 2011

As passed by a majority of the full Board in public and posted session on March 102011

40

Contract Between Tri-C k School Corporation and Tri-C k Teach Organization Effective January I 2009

APPENDIX A

Salary Schedule Extra-Duty Pay

and

Fringe Benefits for the Term of the Contract

41

Effectiv January 12009 Conlnet Betw_ Tri-Ck Sthool Corporation and Tri-Crek T hbull Organization

SALARY SCHEDULE

2009 TRI-CREEK SCHOOL CORPORATION

BS BS+15 MS MS+15 MS+30I

0 100 33670 103

1 104 35017 107

2 108 36364 111

3 112 37710 115

4 116 39057 119

5 120 40404 123

6 124 41751 127

7 128 43098 131

8 132 44444 135

9 136 45791 139

10 140 47138 143

11 140 47138 143

12 lAO 47138 143

13 144 48485 147

14 144 48485 147

15 148 49832 151

16 148 49832 151

17 1048 49832 151

18 148 49832 151

19 148 49832 151

20 152 51178 155

34680 108 36364

36027 112 37710

37374 116 39057

38721 120 40404

40067 124 41751

41414 128 43098

42761 132 44444 136 45791

44108 136 45791 lAO 47138

45455 lAO 47138 144 48485

46801 144 48485 1048 49832

48148 1048 49832 152 51178

48148 152 51178 156 52525

48148 156 52525 160 53872

49495 160 53872 164 55219

49495 164 55219 168 56566

50842 168 56566 172 57912

50842 172 57912 176 59259

50842 176 59259 180 60606

50842 180 60606 184 61953

50842 184 61953 188 63300

52189 188 63300 192 64646

lAO 47138

144 48485

1048 49832

152 51178

156 52525

160 53872

164 55219

168 56566

172 57912

176 59259

180 60606

184 61953

188 63300

192 64646

196 65993

42

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

Contract Between Tri-Creek School COrporation and Tri-Creek Teachen Organization Effective January 12009

Extra-Curricular Schedule and Alterations

1 Anytime during the year either party may bring the creation of a new position(s) to Discussion 2 If the parties do agree on the need and the place on the salary schedule the extra-curricular schedule change can

be immediately initiated by a Memo of Understanding that is just added to the next contract without bargaining 3 If the parties do not agree on either the need or the compensation management may determine the need and

assign a compensation level and make the appointments immediately and then bargain those issues immediately

4 If management does not see the need to add a position the parties must await the next contract bargaining

Optional Forums bull To Discussion with a chargetimelines bull Defer to regular Bargaining bull To grievance procedures bull Solve it immediately by

o Amendatory Agreement o Policy o Memo of Understanding o Superintendent letter o JOint letter or notice

bull Drop it bull Fix it in-house bull Provide inside information bull Create specific Joint Task Force

o Given bull Charge bull TimeJines

o Membership bull Linkage bull Remainder determined by Contract Maintenance Committee

o Analysis bull Violates ISBA no bargaining year round bull Burdens parties to constantly marshal constituency concerns-no wait for crisis by screw-up bull Advantage of addressing problem closer in time and situation

o Other Mid-contract Forums bull Joint Finance Committee bull Joint Insurance Committee

bull Problem-solving Function o Identify problem parameters o Identify problems relationship to the contract or policy o Identify each parties fundamental interests o Collect data to measure problem parameters and to generate options spectrum o Match parties or joint interests to options

bull Vehicle Options o Contract change

38

Effective January t lOO9Contract Between Tri-ClMk School Corporation and Tri-Creek Teachon Organization

XVIII EFFECT OF THE CONTRACT

A Tenn of the Contract

This contract shall be effective January 12009 and shall remain in effect through June 30 2014 This contract shall not be extended orally and it is expressly understood that it shall expire on the date indicated subject to the provisions of Indiana Code 20-29-1 et seq The parties shall meet by May 2 2011 and establish the retroactive salary and ECA compensation Similarly the parties shall meet by May 1 2012 and establish the retroactive salary and ECA compensation For 2013 either party may give unilateral written notice by November 122012 to meet by November 30 2012 to establish retroactive salary and ECA compensation With such notice either party may identify up to three (3) current contract items to deal with effective for 2013 If neither party chooses to give notice the parties shall meet by May 1 2013 and establish retroactive salary and ECA compensation

B Zipper Clause

The Board and the Organization agree that the tenns and conditions set forth herein represent the full and complete understanding

C Effect of the Contract

Effective with the date of ratification of this contract by the parties when the Indiana Code is referenced in this contract the language will be the Indiana Code in effect on the date of the contract ratification on the date set forth above and not as amended supplemented or superseded by subsequent action of the Indiana General Assembly In interpreting the language of the Indiana Code on the date of ratification it is to be construed with administrative and courts of record decisions and orders relative to such statutory language existing on or before the date of such ratification

D Severability

In the event that any article section or clause is declared unlawful or invalid by a court of competent jurisdiction it shall be immediately deleted to the extent of the violation but all other provisions and applications of the contract shall continue in full force and effect Northing in this section shall be construed as a waiver by either party of its constitutional right against the impainnent of this existing contract by subsequent legislative action as guaranteed by the Indiana Constitution Article I Section 24

E Coverage

All members of the bargaining unit will be subject to the tenns and conditions of this contract

39

Contract Btw bullbulln Tri-Ck Sdtool Corporation and Tri-C k Tlche Organization Effective Janulry 12009

F Execution and Effective Date

Effective Date January 12009

IN WITNESS WHEREOF this contract is made and entered into this 10th day of March 2011

ATTEST

(L (2lt ~ Superintendent of Schools

As ratified by the TeTO on March 7 2011

As passed by a majority of the full Board in public and posted session on March 102011

40

Contract Between Tri-C k School Corporation and Tri-C k Teach Organization Effective January I 2009

APPENDIX A

Salary Schedule Extra-Duty Pay

and

Fringe Benefits for the Term of the Contract

41

Effectiv January 12009 Conlnet Betw_ Tri-Ck Sthool Corporation and Tri-Crek T hbull Organization

SALARY SCHEDULE

2009 TRI-CREEK SCHOOL CORPORATION

BS BS+15 MS MS+15 MS+30I

0 100 33670 103

1 104 35017 107

2 108 36364 111

3 112 37710 115

4 116 39057 119

5 120 40404 123

6 124 41751 127

7 128 43098 131

8 132 44444 135

9 136 45791 139

10 140 47138 143

11 140 47138 143

12 lAO 47138 143

13 144 48485 147

14 144 48485 147

15 148 49832 151

16 148 49832 151

17 1048 49832 151

18 148 49832 151

19 148 49832 151

20 152 51178 155

34680 108 36364

36027 112 37710

37374 116 39057

38721 120 40404

40067 124 41751

41414 128 43098

42761 132 44444 136 45791

44108 136 45791 lAO 47138

45455 lAO 47138 144 48485

46801 144 48485 1048 49832

48148 1048 49832 152 51178

48148 152 51178 156 52525

48148 156 52525 160 53872

49495 160 53872 164 55219

49495 164 55219 168 56566

50842 168 56566 172 57912

50842 172 57912 176 59259

50842 176 59259 180 60606

50842 180 60606 184 61953

50842 184 61953 188 63300

52189 188 63300 192 64646

lAO 47138

144 48485

1048 49832

152 51178

156 52525

160 53872

164 55219

168 56566

172 57912

176 59259

180 60606

184 61953

188 63300

192 64646

196 65993

42

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

Effective January t lOO9Contract Between Tri-ClMk School Corporation and Tri-Creek Teachon Organization

XVIII EFFECT OF THE CONTRACT

A Tenn of the Contract

This contract shall be effective January 12009 and shall remain in effect through June 30 2014 This contract shall not be extended orally and it is expressly understood that it shall expire on the date indicated subject to the provisions of Indiana Code 20-29-1 et seq The parties shall meet by May 2 2011 and establish the retroactive salary and ECA compensation Similarly the parties shall meet by May 1 2012 and establish the retroactive salary and ECA compensation For 2013 either party may give unilateral written notice by November 122012 to meet by November 30 2012 to establish retroactive salary and ECA compensation With such notice either party may identify up to three (3) current contract items to deal with effective for 2013 If neither party chooses to give notice the parties shall meet by May 1 2013 and establish retroactive salary and ECA compensation

B Zipper Clause

The Board and the Organization agree that the tenns and conditions set forth herein represent the full and complete understanding

C Effect of the Contract

Effective with the date of ratification of this contract by the parties when the Indiana Code is referenced in this contract the language will be the Indiana Code in effect on the date of the contract ratification on the date set forth above and not as amended supplemented or superseded by subsequent action of the Indiana General Assembly In interpreting the language of the Indiana Code on the date of ratification it is to be construed with administrative and courts of record decisions and orders relative to such statutory language existing on or before the date of such ratification

D Severability

In the event that any article section or clause is declared unlawful or invalid by a court of competent jurisdiction it shall be immediately deleted to the extent of the violation but all other provisions and applications of the contract shall continue in full force and effect Northing in this section shall be construed as a waiver by either party of its constitutional right against the impainnent of this existing contract by subsequent legislative action as guaranteed by the Indiana Constitution Article I Section 24

E Coverage

All members of the bargaining unit will be subject to the tenns and conditions of this contract

39

Contract Btw bullbulln Tri-Ck Sdtool Corporation and Tri-C k Tlche Organization Effective Janulry 12009

F Execution and Effective Date

Effective Date January 12009

IN WITNESS WHEREOF this contract is made and entered into this 10th day of March 2011

ATTEST

(L (2lt ~ Superintendent of Schools

As ratified by the TeTO on March 7 2011

As passed by a majority of the full Board in public and posted session on March 102011

40

Contract Between Tri-C k School Corporation and Tri-C k Teach Organization Effective January I 2009

APPENDIX A

Salary Schedule Extra-Duty Pay

and

Fringe Benefits for the Term of the Contract

41

Effectiv January 12009 Conlnet Betw_ Tri-Ck Sthool Corporation and Tri-Crek T hbull Organization

SALARY SCHEDULE

2009 TRI-CREEK SCHOOL CORPORATION

BS BS+15 MS MS+15 MS+30I

0 100 33670 103

1 104 35017 107

2 108 36364 111

3 112 37710 115

4 116 39057 119

5 120 40404 123

6 124 41751 127

7 128 43098 131

8 132 44444 135

9 136 45791 139

10 140 47138 143

11 140 47138 143

12 lAO 47138 143

13 144 48485 147

14 144 48485 147

15 148 49832 151

16 148 49832 151

17 1048 49832 151

18 148 49832 151

19 148 49832 151

20 152 51178 155

34680 108 36364

36027 112 37710

37374 116 39057

38721 120 40404

40067 124 41751

41414 128 43098

42761 132 44444 136 45791

44108 136 45791 lAO 47138

45455 lAO 47138 144 48485

46801 144 48485 1048 49832

48148 1048 49832 152 51178

48148 152 51178 156 52525

48148 156 52525 160 53872

49495 160 53872 164 55219

49495 164 55219 168 56566

50842 168 56566 172 57912

50842 172 57912 176 59259

50842 176 59259 180 60606

50842 180 60606 184 61953

50842 184 61953 188 63300

52189 188 63300 192 64646

lAO 47138

144 48485

1048 49832

152 51178

156 52525

160 53872

164 55219

168 56566

172 57912

176 59259

180 60606

184 61953

188 63300

192 64646

196 65993

42

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

Contract Btw bullbulln Tri-Ck Sdtool Corporation and Tri-C k Tlche Organization Effective Janulry 12009

F Execution and Effective Date

Effective Date January 12009

IN WITNESS WHEREOF this contract is made and entered into this 10th day of March 2011

ATTEST

(L (2lt ~ Superintendent of Schools

As ratified by the TeTO on March 7 2011

As passed by a majority of the full Board in public and posted session on March 102011

40

Contract Between Tri-C k School Corporation and Tri-C k Teach Organization Effective January I 2009

APPENDIX A

Salary Schedule Extra-Duty Pay

and

Fringe Benefits for the Term of the Contract

41

Effectiv January 12009 Conlnet Betw_ Tri-Ck Sthool Corporation and Tri-Crek T hbull Organization

SALARY SCHEDULE

2009 TRI-CREEK SCHOOL CORPORATION

BS BS+15 MS MS+15 MS+30I

0 100 33670 103

1 104 35017 107

2 108 36364 111

3 112 37710 115

4 116 39057 119

5 120 40404 123

6 124 41751 127

7 128 43098 131

8 132 44444 135

9 136 45791 139

10 140 47138 143

11 140 47138 143

12 lAO 47138 143

13 144 48485 147

14 144 48485 147

15 148 49832 151

16 148 49832 151

17 1048 49832 151

18 148 49832 151

19 148 49832 151

20 152 51178 155

34680 108 36364

36027 112 37710

37374 116 39057

38721 120 40404

40067 124 41751

41414 128 43098

42761 132 44444 136 45791

44108 136 45791 lAO 47138

45455 lAO 47138 144 48485

46801 144 48485 1048 49832

48148 1048 49832 152 51178

48148 152 51178 156 52525

48148 156 52525 160 53872

49495 160 53872 164 55219

49495 164 55219 168 56566

50842 168 56566 172 57912

50842 172 57912 176 59259

50842 176 59259 180 60606

50842 180 60606 184 61953

50842 184 61953 188 63300

52189 188 63300 192 64646

lAO 47138

144 48485

1048 49832

152 51178

156 52525

160 53872

164 55219

168 56566

172 57912

176 59259

180 60606

184 61953

188 63300

192 64646

196 65993

42

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

Contract Between Tri-C k School Corporation and Tri-C k Teach Organization Effective January I 2009

APPENDIX A

Salary Schedule Extra-Duty Pay

and

Fringe Benefits for the Term of the Contract

41

Effectiv January 12009 Conlnet Betw_ Tri-Ck Sthool Corporation and Tri-Crek T hbull Organization

SALARY SCHEDULE

2009 TRI-CREEK SCHOOL CORPORATION

BS BS+15 MS MS+15 MS+30I

0 100 33670 103

1 104 35017 107

2 108 36364 111

3 112 37710 115

4 116 39057 119

5 120 40404 123

6 124 41751 127

7 128 43098 131

8 132 44444 135

9 136 45791 139

10 140 47138 143

11 140 47138 143

12 lAO 47138 143

13 144 48485 147

14 144 48485 147

15 148 49832 151

16 148 49832 151

17 1048 49832 151

18 148 49832 151

19 148 49832 151

20 152 51178 155

34680 108 36364

36027 112 37710

37374 116 39057

38721 120 40404

40067 124 41751

41414 128 43098

42761 132 44444 136 45791

44108 136 45791 lAO 47138

45455 lAO 47138 144 48485

46801 144 48485 1048 49832

48148 1048 49832 152 51178

48148 152 51178 156 52525

48148 156 52525 160 53872

49495 160 53872 164 55219

49495 164 55219 168 56566

50842 168 56566 172 57912

50842 172 57912 176 59259

50842 176 59259 180 60606

50842 180 60606 184 61953

50842 184 61953 188 63300

52189 188 63300 192 64646

lAO 47138

144 48485

1048 49832

152 51178

156 52525

160 53872

164 55219

168 56566

172 57912

176 59259

180 60606

184 61953

188 63300

192 64646

196 65993

42

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

Effectiv January 12009 Conlnet Betw_ Tri-Ck Sthool Corporation and Tri-Crek T hbull Organization

SALARY SCHEDULE

2009 TRI-CREEK SCHOOL CORPORATION

BS BS+15 MS MS+15 MS+30I

0 100 33670 103

1 104 35017 107

2 108 36364 111

3 112 37710 115

4 116 39057 119

5 120 40404 123

6 124 41751 127

7 128 43098 131

8 132 44444 135

9 136 45791 139

10 140 47138 143

11 140 47138 143

12 lAO 47138 143

13 144 48485 147

14 144 48485 147

15 148 49832 151

16 148 49832 151

17 1048 49832 151

18 148 49832 151

19 148 49832 151

20 152 51178 155

34680 108 36364

36027 112 37710

37374 116 39057

38721 120 40404

40067 124 41751

41414 128 43098

42761 132 44444 136 45791

44108 136 45791 lAO 47138

45455 lAO 47138 144 48485

46801 144 48485 1048 49832

48148 1048 49832 152 51178

48148 152 51178 156 52525

48148 156 52525 160 53872

49495 160 53872 164 55219

49495 164 55219 168 56566

50842 168 56566 172 57912

50842 172 57912 176 59259

50842 176 59259 180 60606

50842 180 60606 184 61953

50842 184 61953 188 63300

52189 188 63300 192 64646

lAO 47138

144 48485

1048 49832

152 51178

156 52525

160 53872

164 55219

168 56566

172 57912

176 59259

180 60606

184 61953

188 63300

192 64646

196 65993

42

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

Contract Between Tn-Ck School Corporation and Tn-Ck T ch Organization EIfdive January I 2009

TRl-CREEK SCHOOL CORPORATION

2010 Effective January 12010 for the calendar year

BS BS+15 MS MS+15 MS+30

0 100 34007 103 35027 108 36728

1 104 35367 107 36387 112 38088

2 108 36728 111 37748 116 39448

3 112 38088 115 39108 120 40808

4 116 39448 119 40468 124 42169

5 120 40808 123 41829 128 43529

6 124 42169 127 43189 132 44889 136 46250 140 47610

7 128 43529 131 44549 136 46250 140 47610 144 48970

8 132 44889 135 45909 140 47610 144 48970 148 50330

9 136 46250 139 47270 144 48970 148 50330 152 51691

10 140 47610 143 48630 148 50330 152 51691 156 53051

11 140 47610 143 48630 152 51691 156 53051 160 54411

12 140 47610 143 48630 156 53051 160 54411 164 55771

13 144 48970 147 49990 160 54411 164 55771 168 57132

14 144 48970 147 49990 164 55771 168 57132 172 58492

15 148 50330 151 51351 168 57132 172 58492 176 59852

16 148 50330 151 51351 172 58492 176 59852 180 61213

17 148 50330 151 51351 176 59852 180 61213 184 62573

18 148 50330 151 51351 180 61213 184 62573 188 63933

19 148 50330 151 51351 184 62573 188 63933 192 65293

20 152 51691 155 52711 188 63933 192 65293 196 66654

43

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

Contrad Between Tn-Creek School Corporation and Tri-Creek Teahers Organization EfTettive January 11009

B

1

2

3

4

EXTRA-DUTY PAY SCHEDULE

1 Board Responsibility

It is the sale responsibility of the Board upon recommendation of the superintendent to determine which positions on this schedule that are to be assigned and how many of each are to be assigned The base salary for the 2009 Extra-Duty Pay Schedule is $3367000 and for 2010 it is $3400700 The 2009 schedule is retroactive and effective January 1 2009

2009 2010 INDEX Baseball

a High school varsity coach 5589 5645 0166 b High school varsity assistant coach 3333 3367 0099

c High school junior varsity coach 3333 3367 0099

d High school freshman coach 2694 2721 0080 Basketball

a High school varsity coach 8182 8264 0243 b High school assistant coach 4916 4965 0146 c High school junior varsity coach 4916 4965 0146 d High school freshman coach 3939 3979 0117 e Eighth grade coach 2963 2993 0088 f Eighth grade assistant coach 1650 1666 0049 g Seventh grade coach 2963 2993 0088 h Seventh grade assistant coach 1650 1666 0049 Cheerleader Coach

a High school 2391 2415 0071 b High school assistant 1448 1462 0043 c Middle school 1145 1156 0034 Football

a High school varsity coach 8182 8264 0243 b High school assistant varsity coach 4916 4965 0146 c High school freshman coach 3939 3979 0117 d Eighth grade coach 2963 2993 0088 e Eighth grade assistant coach 2626 2653 0078 pound Seventh grade coach 1650 1666 0049 g Seventh grade assistant coach 1448 1462 0043

44

Contnel Between Tri-Creek School Corporation and Tri-Creek Tachbull Olamp8nlalion Effective January 12009

5 Golf 2009 2010 INDEX a Boys varsity coach 4579 4625 0136

b Girls varsity coach 4276 4319 0127

6 Gymnastics

a Varsity coach 5455 5509 0162

b Assistant varsity coach 3266 3299 0097

7 Intramurals

a HS or MS coordinator 1347 1360 0040

b HS or MS assistant coordinator 1246 1258 0037

c Elementary-per building 606 612 0018

8 Soccer

a HS varsity coach 4377 4421 0130

b HS junior varsity coach 2626 2653 0078

9 Softball

a HS varsity coach 5589 5645 0166

b HS varsity assistant coach 3333 3367 0099

c HS junior varsity coach 3333 3367 0099

d HS freshman coach 2694 2721 0080

10 Swimming

a High school varsity coach 6094 6155 0181

b High school assistant varsity coach 3670 3707 0109

11 Tennis

a Boys high school varsity coach 3569 3605 0106

b Boys assistant varsity coach 2155 2176 0064

c Girls high school varsity coach 4175 4217 0124

d Girls assistant varsity coach 2492 2517 0074

e SeventhlEighth Tennis 1414 1428 0042

12 Track and Cross Country

a HS varsity track coach 5825 5883 0173

b HS assistant varsity track 3502 3537 0104

c HS varsity cross country 4007 4047 0119

d MS eighth grade track coach 2088 2108 0062

e MS seventh grade track coach 1886 1904 0056

f MS cross country coach 1448 1462 0043

45

EIflaquotiv January 12009Cootra _ 0 TnmiddotCreek School Corporation and TrimiddotC ek Thn Orpoizalion

13 Volleyball 2009 2010 INDEX

a HS varsity coach 4882 4931 0145

b HS junior varsity coach 2929 2959 0087

c HS freshman coach 2357 2380 0070

d MS eighth grade coach 1751 1768 0052

e MS seventh grade coach 1751 1768 0052

14 Wrestling

a HS varsity coach 6027 6087 0179

b HS assistant varsity coach 3603 3639 0107

c HS freshman coach 2896 2925 0086

d MS head coach 2155 2176 0064

e MS assistant coach 1919 1938 0057

15 Academic Coach

a High school 1785 1802 0053

h Middle school 1178 1190 0035

c Elementary 707 714 0021

16 All School Show

a High school (per production) 1178 1190 0035

Maximum of 2 per year

b Technical Assistant 370 374 0011

17 Aquatic Supervisor 2323 2346 0069

18 Audio Visual Maintenance 1481 1496 0044

19 Junior Prom Sponsor

(eliminated October 2009) XXX XXX 00225

20 Class Sponsors (October 2009)

a Freshman 337 340 0010

b Sophomore 337 340 0010

c Junior 707 714 0021

d Senior 337 340 0010

21 Club Sponsors High School

a Ecology Club 370 374 0011 h French Club 370 374 0011

c Spanish Club 370 374 0011

22 Computer Resource Person 438 442 0013

46

ElIective January 12009Contract Between Tn-Creek School Corporation and TrI-Ck Teachers Organizalion

23 Dance Chaperones (Certified Staff) 2009 2010 INDEX a FormalSemi-Formal 2970 3000

b Post Game 1419 1433

c Middle School 1419 1433

24 Department Heads

a Four (4) or more teachers in dept 1751 1768 0052

b Guidance Director (HS) 1751 1768 0052

25 Elementary committee members on textbook 269 272 0008 adoption and such other committees as assigned by the superintendent

26 Elementary Faculty Council Member 1751 1768 0052

27 National FF A (Advisor) 1246 1258 0037

28 High School Curriculum Comm Member 1751 1768 0052 (Non-Department Head)

29 High School Yearbook 1987 2006 0059

30 Math Bowl 303 306 0009

31 Media Club

a High School 539 544 0016

b Middle School 471 476 0014

32 Music Director

a HS band 5051 5101 0150

b HS vocal 2357 2380 0070

c HSjazz band 1515 1530 0045

d MS band 1616 1632 0048

e MS show choir 606 612 0018

f MSjazz band 606 612 0018

g Music coordinator 3064 3095 0091

h MS 8th grade vocal 438 442 0013

1 MS 7th grade vocal 438 442 0013

J MS vocal assistant 303 306 0009

33 National Honor Society

a High School 673 680 0020

b Middle School 606 612 0018 34 Newspaper

a High School 1481 1496 0044

b Middle School 909 918 0027

47

Contrad Betw_ Tn-Creek School Corporation and Tri-Ck Tacbon Organization EfTettibullbull January 12009

35 Science 2009 2010 INDEX

a Building Coordinator Elem 1751 1768 0052

b Science Fair Coordinator Elem 303 306 0009

c Science Fair Coordinator M S 303 306 0009

36 Response to Intervention Manager 909 918 0027

37 School Improvement Team Leader K-5 2121 2142 0063

38 School Improvement Articulation Leader K-5

(eliminated October 2009) XXX XXX 00266

Ifgrade 5 is moved to the middle school references to 6-8 (in positions 39 and 42 below) shall be read as 5-8 and (in position 40) reference to 6-12 shall be read as 5-12

If grade 5 is moved to the middle school all references to K-5 shall be read as elementary and all references to 6-8 shall be read as middle school

39 School Improvement Team Leader 6-8 2121 2142 0063

40 School Improvement Assistant Team Leader 6-12 1785 1802 0053

41 School Improvement Team Leader 9-12 2121 2142 0063

42 Middle School Team Leader - 6-8 1785 1802 0053

43 Spell Bowl 303 306 0009

44 Strength Training High School 2424 2449 0072

45 Student Council

a High School 1178 1190 0035

c Middle School 1077 1088 0032

d Elementary 808 816 0024

46 Building Technology Leader

a High School 2424 2449 0072

b Middle School 2424 2449 0072

c Elementary (October 2009) 1212 1224 0036

48

EtTectlve January 11009Contract Betw_ Tri-Creek School Corporation and Tri-Creek Teache Organization

C INSURANCES

1 Medical a For the term of this contract the Board will pay the cost of a single

membership premium less five percent (5) of premium per year for each employee in the bargaining unit Future premium increases or premium savings for the single plan shall be shared on an 8020 basis provided the teachers single premium payment shall not exceed fifteen percent (15) of the single premium For 2011 the requirement of teacher increased payment on the single premium shall not be retroactive For those on the family membership plan the Board will pay eighty percent (80) of the cost of a family membership plan The balance of the family membership premium shall be paid by the employee So long as one spouse is a member of the bargaining unit and in the event that both husband and wife are eligible for a single membership plan and one chooses the family membership plan the equivalent single membership plan of the other spouse shall be applied to the family membership plan and 5 of one single plan shall be paid by one spouse In no case shall the total credit of the spouses exceed the cost of the family membership plan

b The medical insurance coverage shall be as follows

fit IIISummaryofMedleaI B ene 1 ustrabve 80 60

Deductible Single

Coinsurance

$500 Family $1000

Out-of-Pocket Limit $1000 for wenness screening participants

Single $2 000 for wellness screening non-participants $2000 for wenness screening participants

Family $4000 for wellness screening non-participants middot Lifetime Maximum Unlimited

$25 for wellness screening participantsOffice Visit Copay $35 for wenness screening non-participants

Prescription DruRs $100 deductible GenericlBrandlNon-Formularv) $10 $20 $30 Mail Order (90-dav supply) $20 I $40 $60

MentallNervous Inpatient In - Ded + 80 lOut - Ded + 60 Outpatient In - $25 copay lOut - Ded + 50

middot Substance Abuse Inpatient In - Ded + 80 Out - Ded + 60 Outpatient In - $25 copay lOut - Ded + 60

100bull Hospice In - Ded + 80 Out Ded + 60Home Health Care Out of Network up to 30 visits per calendar year

Skilled Nursing

i In Ded + 80 lOut - Ded + 60 No copaymentlcoinsurance - includes routine exams immunizations

Wellness routine hearing exams routine eye exams mammograms pap smears and prostate specific antigen

I 1

49

Contract B een Tri-Creek School Corporation and Tri-Creek Teachn Orpnization ElTective January I 1009

c The TCTO and the Board will create a joint insurance committee of equal representation The committee is charged to seek health insurance options with equal or greater benefits at less cost to the unit

d The School Corporation will provide Generation I Section 125 plan to current employees

2 Term Life

a The School Corporation will pay the premium on a $50000 policy

b An Accidental Death and Dismemberment policy will be paid by the teacher

3 Long-Term Disability

The Board shall provide an LTD policy which meets or exceeds in each and every respect benefits provided by the 1STAIT plan Ill including a 90shyday elimination period

4 Dental

The Board shall make available Dental benefits provided by the 1STAIT plan A The Board shall pay 80 of the premium for those electing family plan coverage and 80 of the premium for those electing single plan coverage Any change in the carrier shall be by mutual agreement

5 Vision Coverage

Each employee and hislher immediate family shall be covered by a vision care program paid for by the Board that provides for eye examinations lenses and frames every year The vision care benefit plan will include one (1) comprehensive vision examination every twelve (12) months and a wide selection of quality frames every twelve (12) months Employees and their dependents will be entitled to receive a prepaid or paid-in-full coverage from a participating network of providers The network of providers must be extensive enough to conveniently serve recipients regardless of their geographic location The recipients who select a participating provider will be entitled to full coverage for a comprehensive examination and quality glasses Recipients must have the ability to freely select any provider to receive vision care services Consequently those who seek a non-participating provider will be reimbursed according to a set schedule of allowances to be determined Coverage for necessary contact lenses and a cosmetic contact lens allowance should be available both from participating and non-participating providers The Participating Provider Network should consist of individual doctors practicing in their own office versus a clinic approach

50

middot Conlratl Betw Tri-Creek School Corporation and Tri-Ck T chbull Organization Effective January 12009

APPENDIXB

Grievance Forms

51

----------------

--------------

-------

COlltract Between Tri-Cr bullbullk School Corponllion and Tri-Creek T chbull Organization EtTectiv Janua 1 2009

A SUBMISSION OF GRIEVANCE FORM

Tri-Creek School Corporation

Submitted Disposition

Grievance Number Level One

Date of Occurrence Level Two

School Level Three

Submitted To

Level

Nature of Grievance

Settlement Desired

Signed

Completed Before Grievance Filed

Teacher(s)

Position

Home Address

Home Phone

Completed After Grievance Filed

Date of Conference ------------------shyDate of Reply

52

Contract Between Trt-Creek School Corporation and Tri-Creek T chen Organization Errectlve January 12009

B DISPOSITION OF GRlEVANCE FORM

Tri-Creek School Corporation

GRIEVANCE NUMBER

DATE OF OCCURRENCE

GRIEVANT

DATE OF DISPOSITION

GRIEVANCE LEVEL NUMBER

DISPOSITION AND REASONS THEREFOR

Signed

Position

53

Contract Between Tn-Creek School Corporation and Tri-Creek Teahen Organization Effectiv January 11009

I I I 1

I I

APPENDIXC

Certification Renewal Units (CRUs)

54

I

Contract Between TrlmiddotCreeIlt School Corporation and Tri-Creek T_hen Organization Effective January I 2009

C Certification Renewal Units (CRUs)

CRUs related to professional growth shall be distributed (per 515IAC 1-3-1 (f) 1shy3) as follows

1 One (1) CRU will be awarded for every two (2) contact hours of participation in an organized educational experience leading to improved instruction under responsible sponsorship capable direction and qualified instruction

2 Ten (10) CRUs will be granted for each one (1) quarter hour of academic credit when related to professional growth

3 Fifteen (15) CRUs will be granted for each one (1) semester hour of academic credit when related to professional growth

55

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

EIflaquotiv January 12009Cootra _ 0 TnmiddotCreek School Corporation and TrimiddotC ek Thn Orpoizalion

13 Volleyball 2009 2010 INDEX

a HS varsity coach 4882 4931 0145

b HS junior varsity coach 2929 2959 0087

c HS freshman coach 2357 2380 0070

d MS eighth grade coach 1751 1768 0052

e MS seventh grade coach 1751 1768 0052

14 Wrestling

a HS varsity coach 6027 6087 0179

b HS assistant varsity coach 3603 3639 0107

c HS freshman coach 2896 2925 0086

d MS head coach 2155 2176 0064

e MS assistant coach 1919 1938 0057

15 Academic Coach

a High school 1785 1802 0053

h Middle school 1178 1190 0035

c Elementary 707 714 0021

16 All School Show

a High school (per production) 1178 1190 0035

Maximum of 2 per year

b Technical Assistant 370 374 0011

17 Aquatic Supervisor 2323 2346 0069

18 Audio Visual Maintenance 1481 1496 0044

19 Junior Prom Sponsor

(eliminated October 2009) XXX XXX 00225

20 Class Sponsors (October 2009)

a Freshman 337 340 0010

b Sophomore 337 340 0010

c Junior 707 714 0021

d Senior 337 340 0010

21 Club Sponsors High School

a Ecology Club 370 374 0011 h French Club 370 374 0011

c Spanish Club 370 374 0011

22 Computer Resource Person 438 442 0013

46

ElIective January 12009Contract Between Tn-Creek School Corporation and TrI-Ck Teachers Organizalion

23 Dance Chaperones (Certified Staff) 2009 2010 INDEX a FormalSemi-Formal 2970 3000

b Post Game 1419 1433

c Middle School 1419 1433

24 Department Heads

a Four (4) or more teachers in dept 1751 1768 0052

b Guidance Director (HS) 1751 1768 0052

25 Elementary committee members on textbook 269 272 0008 adoption and such other committees as assigned by the superintendent

26 Elementary Faculty Council Member 1751 1768 0052

27 National FF A (Advisor) 1246 1258 0037

28 High School Curriculum Comm Member 1751 1768 0052 (Non-Department Head)

29 High School Yearbook 1987 2006 0059

30 Math Bowl 303 306 0009

31 Media Club

a High School 539 544 0016

b Middle School 471 476 0014

32 Music Director

a HS band 5051 5101 0150

b HS vocal 2357 2380 0070

c HSjazz band 1515 1530 0045

d MS band 1616 1632 0048

e MS show choir 606 612 0018

f MSjazz band 606 612 0018

g Music coordinator 3064 3095 0091

h MS 8th grade vocal 438 442 0013

1 MS 7th grade vocal 438 442 0013

J MS vocal assistant 303 306 0009

33 National Honor Society

a High School 673 680 0020

b Middle School 606 612 0018 34 Newspaper

a High School 1481 1496 0044

b Middle School 909 918 0027

47

Contrad Betw_ Tn-Creek School Corporation and Tri-Ck Tacbon Organization EfTettibullbull January 12009

35 Science 2009 2010 INDEX

a Building Coordinator Elem 1751 1768 0052

b Science Fair Coordinator Elem 303 306 0009

c Science Fair Coordinator M S 303 306 0009

36 Response to Intervention Manager 909 918 0027

37 School Improvement Team Leader K-5 2121 2142 0063

38 School Improvement Articulation Leader K-5

(eliminated October 2009) XXX XXX 00266

Ifgrade 5 is moved to the middle school references to 6-8 (in positions 39 and 42 below) shall be read as 5-8 and (in position 40) reference to 6-12 shall be read as 5-12

If grade 5 is moved to the middle school all references to K-5 shall be read as elementary and all references to 6-8 shall be read as middle school

39 School Improvement Team Leader 6-8 2121 2142 0063

40 School Improvement Assistant Team Leader 6-12 1785 1802 0053

41 School Improvement Team Leader 9-12 2121 2142 0063

42 Middle School Team Leader - 6-8 1785 1802 0053

43 Spell Bowl 303 306 0009

44 Strength Training High School 2424 2449 0072

45 Student Council

a High School 1178 1190 0035

c Middle School 1077 1088 0032

d Elementary 808 816 0024

46 Building Technology Leader

a High School 2424 2449 0072

b Middle School 2424 2449 0072

c Elementary (October 2009) 1212 1224 0036

48

EtTectlve January 11009Contract Betw_ Tri-Creek School Corporation and Tri-Creek Teache Organization

C INSURANCES

1 Medical a For the term of this contract the Board will pay the cost of a single

membership premium less five percent (5) of premium per year for each employee in the bargaining unit Future premium increases or premium savings for the single plan shall be shared on an 8020 basis provided the teachers single premium payment shall not exceed fifteen percent (15) of the single premium For 2011 the requirement of teacher increased payment on the single premium shall not be retroactive For those on the family membership plan the Board will pay eighty percent (80) of the cost of a family membership plan The balance of the family membership premium shall be paid by the employee So long as one spouse is a member of the bargaining unit and in the event that both husband and wife are eligible for a single membership plan and one chooses the family membership plan the equivalent single membership plan of the other spouse shall be applied to the family membership plan and 5 of one single plan shall be paid by one spouse In no case shall the total credit of the spouses exceed the cost of the family membership plan

b The medical insurance coverage shall be as follows

fit IIISummaryofMedleaI B ene 1 ustrabve 80 60

Deductible Single

Coinsurance

$500 Family $1000

Out-of-Pocket Limit $1000 for wenness screening participants

Single $2 000 for wellness screening non-participants $2000 for wenness screening participants

Family $4000 for wellness screening non-participants middot Lifetime Maximum Unlimited

$25 for wellness screening participantsOffice Visit Copay $35 for wenness screening non-participants

Prescription DruRs $100 deductible GenericlBrandlNon-Formularv) $10 $20 $30 Mail Order (90-dav supply) $20 I $40 $60

MentallNervous Inpatient In - Ded + 80 lOut - Ded + 60 Outpatient In - $25 copay lOut - Ded + 50

middot Substance Abuse Inpatient In - Ded + 80 Out - Ded + 60 Outpatient In - $25 copay lOut - Ded + 60

100bull Hospice In - Ded + 80 Out Ded + 60Home Health Care Out of Network up to 30 visits per calendar year

Skilled Nursing

i In Ded + 80 lOut - Ded + 60 No copaymentlcoinsurance - includes routine exams immunizations

Wellness routine hearing exams routine eye exams mammograms pap smears and prostate specific antigen

I 1

49

Contract B een Tri-Creek School Corporation and Tri-Creek Teachn Orpnization ElTective January I 1009

c The TCTO and the Board will create a joint insurance committee of equal representation The committee is charged to seek health insurance options with equal or greater benefits at less cost to the unit

d The School Corporation will provide Generation I Section 125 plan to current employees

2 Term Life

a The School Corporation will pay the premium on a $50000 policy

b An Accidental Death and Dismemberment policy will be paid by the teacher

3 Long-Term Disability

The Board shall provide an LTD policy which meets or exceeds in each and every respect benefits provided by the 1STAIT plan Ill including a 90shyday elimination period

4 Dental

The Board shall make available Dental benefits provided by the 1STAIT plan A The Board shall pay 80 of the premium for those electing family plan coverage and 80 of the premium for those electing single plan coverage Any change in the carrier shall be by mutual agreement

5 Vision Coverage

Each employee and hislher immediate family shall be covered by a vision care program paid for by the Board that provides for eye examinations lenses and frames every year The vision care benefit plan will include one (1) comprehensive vision examination every twelve (12) months and a wide selection of quality frames every twelve (12) months Employees and their dependents will be entitled to receive a prepaid or paid-in-full coverage from a participating network of providers The network of providers must be extensive enough to conveniently serve recipients regardless of their geographic location The recipients who select a participating provider will be entitled to full coverage for a comprehensive examination and quality glasses Recipients must have the ability to freely select any provider to receive vision care services Consequently those who seek a non-participating provider will be reimbursed according to a set schedule of allowances to be determined Coverage for necessary contact lenses and a cosmetic contact lens allowance should be available both from participating and non-participating providers The Participating Provider Network should consist of individual doctors practicing in their own office versus a clinic approach

50

middot Conlratl Betw Tri-Creek School Corporation and Tri-Ck T chbull Organization Effective January 12009

APPENDIXB

Grievance Forms

51

----------------

--------------

-------

COlltract Between Tri-Cr bullbullk School Corponllion and Tri-Creek T chbull Organization EtTectiv Janua 1 2009

A SUBMISSION OF GRIEVANCE FORM

Tri-Creek School Corporation

Submitted Disposition

Grievance Number Level One

Date of Occurrence Level Two

School Level Three

Submitted To

Level

Nature of Grievance

Settlement Desired

Signed

Completed Before Grievance Filed

Teacher(s)

Position

Home Address

Home Phone

Completed After Grievance Filed

Date of Conference ------------------shyDate of Reply

52

Contract Between Trt-Creek School Corporation and Tri-Creek T chen Organization Errectlve January 12009

B DISPOSITION OF GRlEVANCE FORM

Tri-Creek School Corporation

GRIEVANCE NUMBER

DATE OF OCCURRENCE

GRIEVANT

DATE OF DISPOSITION

GRIEVANCE LEVEL NUMBER

DISPOSITION AND REASONS THEREFOR

Signed

Position

53

Contract Between Tn-Creek School Corporation and Tri-Creek Teahen Organization Effectiv January 11009

I I I 1

I I

APPENDIXC

Certification Renewal Units (CRUs)

54

I

Contract Between TrlmiddotCreeIlt School Corporation and Tri-Creek T_hen Organization Effective January I 2009

C Certification Renewal Units (CRUs)

CRUs related to professional growth shall be distributed (per 515IAC 1-3-1 (f) 1shy3) as follows

1 One (1) CRU will be awarded for every two (2) contact hours of participation in an organized educational experience leading to improved instruction under responsible sponsorship capable direction and qualified instruction

2 Ten (10) CRUs will be granted for each one (1) quarter hour of academic credit when related to professional growth

3 Fifteen (15) CRUs will be granted for each one (1) semester hour of academic credit when related to professional growth

55

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

ElIective January 12009Contract Between Tn-Creek School Corporation and TrI-Ck Teachers Organizalion

23 Dance Chaperones (Certified Staff) 2009 2010 INDEX a FormalSemi-Formal 2970 3000

b Post Game 1419 1433

c Middle School 1419 1433

24 Department Heads

a Four (4) or more teachers in dept 1751 1768 0052

b Guidance Director (HS) 1751 1768 0052

25 Elementary committee members on textbook 269 272 0008 adoption and such other committees as assigned by the superintendent

26 Elementary Faculty Council Member 1751 1768 0052

27 National FF A (Advisor) 1246 1258 0037

28 High School Curriculum Comm Member 1751 1768 0052 (Non-Department Head)

29 High School Yearbook 1987 2006 0059

30 Math Bowl 303 306 0009

31 Media Club

a High School 539 544 0016

b Middle School 471 476 0014

32 Music Director

a HS band 5051 5101 0150

b HS vocal 2357 2380 0070

c HSjazz band 1515 1530 0045

d MS band 1616 1632 0048

e MS show choir 606 612 0018

f MSjazz band 606 612 0018

g Music coordinator 3064 3095 0091

h MS 8th grade vocal 438 442 0013

1 MS 7th grade vocal 438 442 0013

J MS vocal assistant 303 306 0009

33 National Honor Society

a High School 673 680 0020

b Middle School 606 612 0018 34 Newspaper

a High School 1481 1496 0044

b Middle School 909 918 0027

47

Contrad Betw_ Tn-Creek School Corporation and Tri-Ck Tacbon Organization EfTettibullbull January 12009

35 Science 2009 2010 INDEX

a Building Coordinator Elem 1751 1768 0052

b Science Fair Coordinator Elem 303 306 0009

c Science Fair Coordinator M S 303 306 0009

36 Response to Intervention Manager 909 918 0027

37 School Improvement Team Leader K-5 2121 2142 0063

38 School Improvement Articulation Leader K-5

(eliminated October 2009) XXX XXX 00266

Ifgrade 5 is moved to the middle school references to 6-8 (in positions 39 and 42 below) shall be read as 5-8 and (in position 40) reference to 6-12 shall be read as 5-12

If grade 5 is moved to the middle school all references to K-5 shall be read as elementary and all references to 6-8 shall be read as middle school

39 School Improvement Team Leader 6-8 2121 2142 0063

40 School Improvement Assistant Team Leader 6-12 1785 1802 0053

41 School Improvement Team Leader 9-12 2121 2142 0063

42 Middle School Team Leader - 6-8 1785 1802 0053

43 Spell Bowl 303 306 0009

44 Strength Training High School 2424 2449 0072

45 Student Council

a High School 1178 1190 0035

c Middle School 1077 1088 0032

d Elementary 808 816 0024

46 Building Technology Leader

a High School 2424 2449 0072

b Middle School 2424 2449 0072

c Elementary (October 2009) 1212 1224 0036

48

EtTectlve January 11009Contract Betw_ Tri-Creek School Corporation and Tri-Creek Teache Organization

C INSURANCES

1 Medical a For the term of this contract the Board will pay the cost of a single

membership premium less five percent (5) of premium per year for each employee in the bargaining unit Future premium increases or premium savings for the single plan shall be shared on an 8020 basis provided the teachers single premium payment shall not exceed fifteen percent (15) of the single premium For 2011 the requirement of teacher increased payment on the single premium shall not be retroactive For those on the family membership plan the Board will pay eighty percent (80) of the cost of a family membership plan The balance of the family membership premium shall be paid by the employee So long as one spouse is a member of the bargaining unit and in the event that both husband and wife are eligible for a single membership plan and one chooses the family membership plan the equivalent single membership plan of the other spouse shall be applied to the family membership plan and 5 of one single plan shall be paid by one spouse In no case shall the total credit of the spouses exceed the cost of the family membership plan

b The medical insurance coverage shall be as follows

fit IIISummaryofMedleaI B ene 1 ustrabve 80 60

Deductible Single

Coinsurance

$500 Family $1000

Out-of-Pocket Limit $1000 for wenness screening participants

Single $2 000 for wellness screening non-participants $2000 for wenness screening participants

Family $4000 for wellness screening non-participants middot Lifetime Maximum Unlimited

$25 for wellness screening participantsOffice Visit Copay $35 for wenness screening non-participants

Prescription DruRs $100 deductible GenericlBrandlNon-Formularv) $10 $20 $30 Mail Order (90-dav supply) $20 I $40 $60

MentallNervous Inpatient In - Ded + 80 lOut - Ded + 60 Outpatient In - $25 copay lOut - Ded + 50

middot Substance Abuse Inpatient In - Ded + 80 Out - Ded + 60 Outpatient In - $25 copay lOut - Ded + 60

100bull Hospice In - Ded + 80 Out Ded + 60Home Health Care Out of Network up to 30 visits per calendar year

Skilled Nursing

i In Ded + 80 lOut - Ded + 60 No copaymentlcoinsurance - includes routine exams immunizations

Wellness routine hearing exams routine eye exams mammograms pap smears and prostate specific antigen

I 1

49

Contract B een Tri-Creek School Corporation and Tri-Creek Teachn Orpnization ElTective January I 1009

c The TCTO and the Board will create a joint insurance committee of equal representation The committee is charged to seek health insurance options with equal or greater benefits at less cost to the unit

d The School Corporation will provide Generation I Section 125 plan to current employees

2 Term Life

a The School Corporation will pay the premium on a $50000 policy

b An Accidental Death and Dismemberment policy will be paid by the teacher

3 Long-Term Disability

The Board shall provide an LTD policy which meets or exceeds in each and every respect benefits provided by the 1STAIT plan Ill including a 90shyday elimination period

4 Dental

The Board shall make available Dental benefits provided by the 1STAIT plan A The Board shall pay 80 of the premium for those electing family plan coverage and 80 of the premium for those electing single plan coverage Any change in the carrier shall be by mutual agreement

5 Vision Coverage

Each employee and hislher immediate family shall be covered by a vision care program paid for by the Board that provides for eye examinations lenses and frames every year The vision care benefit plan will include one (1) comprehensive vision examination every twelve (12) months and a wide selection of quality frames every twelve (12) months Employees and their dependents will be entitled to receive a prepaid or paid-in-full coverage from a participating network of providers The network of providers must be extensive enough to conveniently serve recipients regardless of their geographic location The recipients who select a participating provider will be entitled to full coverage for a comprehensive examination and quality glasses Recipients must have the ability to freely select any provider to receive vision care services Consequently those who seek a non-participating provider will be reimbursed according to a set schedule of allowances to be determined Coverage for necessary contact lenses and a cosmetic contact lens allowance should be available both from participating and non-participating providers The Participating Provider Network should consist of individual doctors practicing in their own office versus a clinic approach

50

middot Conlratl Betw Tri-Creek School Corporation and Tri-Ck T chbull Organization Effective January 12009

APPENDIXB

Grievance Forms

51

----------------

--------------

-------

COlltract Between Tri-Cr bullbullk School Corponllion and Tri-Creek T chbull Organization EtTectiv Janua 1 2009

A SUBMISSION OF GRIEVANCE FORM

Tri-Creek School Corporation

Submitted Disposition

Grievance Number Level One

Date of Occurrence Level Two

School Level Three

Submitted To

Level

Nature of Grievance

Settlement Desired

Signed

Completed Before Grievance Filed

Teacher(s)

Position

Home Address

Home Phone

Completed After Grievance Filed

Date of Conference ------------------shyDate of Reply

52

Contract Between Trt-Creek School Corporation and Tri-Creek T chen Organization Errectlve January 12009

B DISPOSITION OF GRlEVANCE FORM

Tri-Creek School Corporation

GRIEVANCE NUMBER

DATE OF OCCURRENCE

GRIEVANT

DATE OF DISPOSITION

GRIEVANCE LEVEL NUMBER

DISPOSITION AND REASONS THEREFOR

Signed

Position

53

Contract Between Tn-Creek School Corporation and Tri-Creek Teahen Organization Effectiv January 11009

I I I 1

I I

APPENDIXC

Certification Renewal Units (CRUs)

54

I

Contract Between TrlmiddotCreeIlt School Corporation and Tri-Creek T_hen Organization Effective January I 2009

C Certification Renewal Units (CRUs)

CRUs related to professional growth shall be distributed (per 515IAC 1-3-1 (f) 1shy3) as follows

1 One (1) CRU will be awarded for every two (2) contact hours of participation in an organized educational experience leading to improved instruction under responsible sponsorship capable direction and qualified instruction

2 Ten (10) CRUs will be granted for each one (1) quarter hour of academic credit when related to professional growth

3 Fifteen (15) CRUs will be granted for each one (1) semester hour of academic credit when related to professional growth

55

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

Contrad Betw_ Tn-Creek School Corporation and Tri-Ck Tacbon Organization EfTettibullbull January 12009

35 Science 2009 2010 INDEX

a Building Coordinator Elem 1751 1768 0052

b Science Fair Coordinator Elem 303 306 0009

c Science Fair Coordinator M S 303 306 0009

36 Response to Intervention Manager 909 918 0027

37 School Improvement Team Leader K-5 2121 2142 0063

38 School Improvement Articulation Leader K-5

(eliminated October 2009) XXX XXX 00266

Ifgrade 5 is moved to the middle school references to 6-8 (in positions 39 and 42 below) shall be read as 5-8 and (in position 40) reference to 6-12 shall be read as 5-12

If grade 5 is moved to the middle school all references to K-5 shall be read as elementary and all references to 6-8 shall be read as middle school

39 School Improvement Team Leader 6-8 2121 2142 0063

40 School Improvement Assistant Team Leader 6-12 1785 1802 0053

41 School Improvement Team Leader 9-12 2121 2142 0063

42 Middle School Team Leader - 6-8 1785 1802 0053

43 Spell Bowl 303 306 0009

44 Strength Training High School 2424 2449 0072

45 Student Council

a High School 1178 1190 0035

c Middle School 1077 1088 0032

d Elementary 808 816 0024

46 Building Technology Leader

a High School 2424 2449 0072

b Middle School 2424 2449 0072

c Elementary (October 2009) 1212 1224 0036

48

EtTectlve January 11009Contract Betw_ Tri-Creek School Corporation and Tri-Creek Teache Organization

C INSURANCES

1 Medical a For the term of this contract the Board will pay the cost of a single

membership premium less five percent (5) of premium per year for each employee in the bargaining unit Future premium increases or premium savings for the single plan shall be shared on an 8020 basis provided the teachers single premium payment shall not exceed fifteen percent (15) of the single premium For 2011 the requirement of teacher increased payment on the single premium shall not be retroactive For those on the family membership plan the Board will pay eighty percent (80) of the cost of a family membership plan The balance of the family membership premium shall be paid by the employee So long as one spouse is a member of the bargaining unit and in the event that both husband and wife are eligible for a single membership plan and one chooses the family membership plan the equivalent single membership plan of the other spouse shall be applied to the family membership plan and 5 of one single plan shall be paid by one spouse In no case shall the total credit of the spouses exceed the cost of the family membership plan

b The medical insurance coverage shall be as follows

fit IIISummaryofMedleaI B ene 1 ustrabve 80 60

Deductible Single

Coinsurance

$500 Family $1000

Out-of-Pocket Limit $1000 for wenness screening participants

Single $2 000 for wellness screening non-participants $2000 for wenness screening participants

Family $4000 for wellness screening non-participants middot Lifetime Maximum Unlimited

$25 for wellness screening participantsOffice Visit Copay $35 for wenness screening non-participants

Prescription DruRs $100 deductible GenericlBrandlNon-Formularv) $10 $20 $30 Mail Order (90-dav supply) $20 I $40 $60

MentallNervous Inpatient In - Ded + 80 lOut - Ded + 60 Outpatient In - $25 copay lOut - Ded + 50

middot Substance Abuse Inpatient In - Ded + 80 Out - Ded + 60 Outpatient In - $25 copay lOut - Ded + 60

100bull Hospice In - Ded + 80 Out Ded + 60Home Health Care Out of Network up to 30 visits per calendar year

Skilled Nursing

i In Ded + 80 lOut - Ded + 60 No copaymentlcoinsurance - includes routine exams immunizations

Wellness routine hearing exams routine eye exams mammograms pap smears and prostate specific antigen

I 1

49

Contract B een Tri-Creek School Corporation and Tri-Creek Teachn Orpnization ElTective January I 1009

c The TCTO and the Board will create a joint insurance committee of equal representation The committee is charged to seek health insurance options with equal or greater benefits at less cost to the unit

d The School Corporation will provide Generation I Section 125 plan to current employees

2 Term Life

a The School Corporation will pay the premium on a $50000 policy

b An Accidental Death and Dismemberment policy will be paid by the teacher

3 Long-Term Disability

The Board shall provide an LTD policy which meets or exceeds in each and every respect benefits provided by the 1STAIT plan Ill including a 90shyday elimination period

4 Dental

The Board shall make available Dental benefits provided by the 1STAIT plan A The Board shall pay 80 of the premium for those electing family plan coverage and 80 of the premium for those electing single plan coverage Any change in the carrier shall be by mutual agreement

5 Vision Coverage

Each employee and hislher immediate family shall be covered by a vision care program paid for by the Board that provides for eye examinations lenses and frames every year The vision care benefit plan will include one (1) comprehensive vision examination every twelve (12) months and a wide selection of quality frames every twelve (12) months Employees and their dependents will be entitled to receive a prepaid or paid-in-full coverage from a participating network of providers The network of providers must be extensive enough to conveniently serve recipients regardless of their geographic location The recipients who select a participating provider will be entitled to full coverage for a comprehensive examination and quality glasses Recipients must have the ability to freely select any provider to receive vision care services Consequently those who seek a non-participating provider will be reimbursed according to a set schedule of allowances to be determined Coverage for necessary contact lenses and a cosmetic contact lens allowance should be available both from participating and non-participating providers The Participating Provider Network should consist of individual doctors practicing in their own office versus a clinic approach

50

middot Conlratl Betw Tri-Creek School Corporation and Tri-Ck T chbull Organization Effective January 12009

APPENDIXB

Grievance Forms

51

----------------

--------------

-------

COlltract Between Tri-Cr bullbullk School Corponllion and Tri-Creek T chbull Organization EtTectiv Janua 1 2009

A SUBMISSION OF GRIEVANCE FORM

Tri-Creek School Corporation

Submitted Disposition

Grievance Number Level One

Date of Occurrence Level Two

School Level Three

Submitted To

Level

Nature of Grievance

Settlement Desired

Signed

Completed Before Grievance Filed

Teacher(s)

Position

Home Address

Home Phone

Completed After Grievance Filed

Date of Conference ------------------shyDate of Reply

52

Contract Between Trt-Creek School Corporation and Tri-Creek T chen Organization Errectlve January 12009

B DISPOSITION OF GRlEVANCE FORM

Tri-Creek School Corporation

GRIEVANCE NUMBER

DATE OF OCCURRENCE

GRIEVANT

DATE OF DISPOSITION

GRIEVANCE LEVEL NUMBER

DISPOSITION AND REASONS THEREFOR

Signed

Position

53

Contract Between Tn-Creek School Corporation and Tri-Creek Teahen Organization Effectiv January 11009

I I I 1

I I

APPENDIXC

Certification Renewal Units (CRUs)

54

I

Contract Between TrlmiddotCreeIlt School Corporation and Tri-Creek T_hen Organization Effective January I 2009

C Certification Renewal Units (CRUs)

CRUs related to professional growth shall be distributed (per 515IAC 1-3-1 (f) 1shy3) as follows

1 One (1) CRU will be awarded for every two (2) contact hours of participation in an organized educational experience leading to improved instruction under responsible sponsorship capable direction and qualified instruction

2 Ten (10) CRUs will be granted for each one (1) quarter hour of academic credit when related to professional growth

3 Fifteen (15) CRUs will be granted for each one (1) semester hour of academic credit when related to professional growth

55

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

EtTectlve January 11009Contract Betw_ Tri-Creek School Corporation and Tri-Creek Teache Organization

C INSURANCES

1 Medical a For the term of this contract the Board will pay the cost of a single

membership premium less five percent (5) of premium per year for each employee in the bargaining unit Future premium increases or premium savings for the single plan shall be shared on an 8020 basis provided the teachers single premium payment shall not exceed fifteen percent (15) of the single premium For 2011 the requirement of teacher increased payment on the single premium shall not be retroactive For those on the family membership plan the Board will pay eighty percent (80) of the cost of a family membership plan The balance of the family membership premium shall be paid by the employee So long as one spouse is a member of the bargaining unit and in the event that both husband and wife are eligible for a single membership plan and one chooses the family membership plan the equivalent single membership plan of the other spouse shall be applied to the family membership plan and 5 of one single plan shall be paid by one spouse In no case shall the total credit of the spouses exceed the cost of the family membership plan

b The medical insurance coverage shall be as follows

fit IIISummaryofMedleaI B ene 1 ustrabve 80 60

Deductible Single

Coinsurance

$500 Family $1000

Out-of-Pocket Limit $1000 for wenness screening participants

Single $2 000 for wellness screening non-participants $2000 for wenness screening participants

Family $4000 for wellness screening non-participants middot Lifetime Maximum Unlimited

$25 for wellness screening participantsOffice Visit Copay $35 for wenness screening non-participants

Prescription DruRs $100 deductible GenericlBrandlNon-Formularv) $10 $20 $30 Mail Order (90-dav supply) $20 I $40 $60

MentallNervous Inpatient In - Ded + 80 lOut - Ded + 60 Outpatient In - $25 copay lOut - Ded + 50

middot Substance Abuse Inpatient In - Ded + 80 Out - Ded + 60 Outpatient In - $25 copay lOut - Ded + 60

100bull Hospice In - Ded + 80 Out Ded + 60Home Health Care Out of Network up to 30 visits per calendar year

Skilled Nursing

i In Ded + 80 lOut - Ded + 60 No copaymentlcoinsurance - includes routine exams immunizations

Wellness routine hearing exams routine eye exams mammograms pap smears and prostate specific antigen

I 1

49

Contract B een Tri-Creek School Corporation and Tri-Creek Teachn Orpnization ElTective January I 1009

c The TCTO and the Board will create a joint insurance committee of equal representation The committee is charged to seek health insurance options with equal or greater benefits at less cost to the unit

d The School Corporation will provide Generation I Section 125 plan to current employees

2 Term Life

a The School Corporation will pay the premium on a $50000 policy

b An Accidental Death and Dismemberment policy will be paid by the teacher

3 Long-Term Disability

The Board shall provide an LTD policy which meets or exceeds in each and every respect benefits provided by the 1STAIT plan Ill including a 90shyday elimination period

4 Dental

The Board shall make available Dental benefits provided by the 1STAIT plan A The Board shall pay 80 of the premium for those electing family plan coverage and 80 of the premium for those electing single plan coverage Any change in the carrier shall be by mutual agreement

5 Vision Coverage

Each employee and hislher immediate family shall be covered by a vision care program paid for by the Board that provides for eye examinations lenses and frames every year The vision care benefit plan will include one (1) comprehensive vision examination every twelve (12) months and a wide selection of quality frames every twelve (12) months Employees and their dependents will be entitled to receive a prepaid or paid-in-full coverage from a participating network of providers The network of providers must be extensive enough to conveniently serve recipients regardless of their geographic location The recipients who select a participating provider will be entitled to full coverage for a comprehensive examination and quality glasses Recipients must have the ability to freely select any provider to receive vision care services Consequently those who seek a non-participating provider will be reimbursed according to a set schedule of allowances to be determined Coverage for necessary contact lenses and a cosmetic contact lens allowance should be available both from participating and non-participating providers The Participating Provider Network should consist of individual doctors practicing in their own office versus a clinic approach

50

middot Conlratl Betw Tri-Creek School Corporation and Tri-Ck T chbull Organization Effective January 12009

APPENDIXB

Grievance Forms

51

----------------

--------------

-------

COlltract Between Tri-Cr bullbullk School Corponllion and Tri-Creek T chbull Organization EtTectiv Janua 1 2009

A SUBMISSION OF GRIEVANCE FORM

Tri-Creek School Corporation

Submitted Disposition

Grievance Number Level One

Date of Occurrence Level Two

School Level Three

Submitted To

Level

Nature of Grievance

Settlement Desired

Signed

Completed Before Grievance Filed

Teacher(s)

Position

Home Address

Home Phone

Completed After Grievance Filed

Date of Conference ------------------shyDate of Reply

52

Contract Between Trt-Creek School Corporation and Tri-Creek T chen Organization Errectlve January 12009

B DISPOSITION OF GRlEVANCE FORM

Tri-Creek School Corporation

GRIEVANCE NUMBER

DATE OF OCCURRENCE

GRIEVANT

DATE OF DISPOSITION

GRIEVANCE LEVEL NUMBER

DISPOSITION AND REASONS THEREFOR

Signed

Position

53

Contract Between Tn-Creek School Corporation and Tri-Creek Teahen Organization Effectiv January 11009

I I I 1

I I

APPENDIXC

Certification Renewal Units (CRUs)

54

I

Contract Between TrlmiddotCreeIlt School Corporation and Tri-Creek T_hen Organization Effective January I 2009

C Certification Renewal Units (CRUs)

CRUs related to professional growth shall be distributed (per 515IAC 1-3-1 (f) 1shy3) as follows

1 One (1) CRU will be awarded for every two (2) contact hours of participation in an organized educational experience leading to improved instruction under responsible sponsorship capable direction and qualified instruction

2 Ten (10) CRUs will be granted for each one (1) quarter hour of academic credit when related to professional growth

3 Fifteen (15) CRUs will be granted for each one (1) semester hour of academic credit when related to professional growth

55

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

Contract B een Tri-Creek School Corporation and Tri-Creek Teachn Orpnization ElTective January I 1009

c The TCTO and the Board will create a joint insurance committee of equal representation The committee is charged to seek health insurance options with equal or greater benefits at less cost to the unit

d The School Corporation will provide Generation I Section 125 plan to current employees

2 Term Life

a The School Corporation will pay the premium on a $50000 policy

b An Accidental Death and Dismemberment policy will be paid by the teacher

3 Long-Term Disability

The Board shall provide an LTD policy which meets or exceeds in each and every respect benefits provided by the 1STAIT plan Ill including a 90shyday elimination period

4 Dental

The Board shall make available Dental benefits provided by the 1STAIT plan A The Board shall pay 80 of the premium for those electing family plan coverage and 80 of the premium for those electing single plan coverage Any change in the carrier shall be by mutual agreement

5 Vision Coverage

Each employee and hislher immediate family shall be covered by a vision care program paid for by the Board that provides for eye examinations lenses and frames every year The vision care benefit plan will include one (1) comprehensive vision examination every twelve (12) months and a wide selection of quality frames every twelve (12) months Employees and their dependents will be entitled to receive a prepaid or paid-in-full coverage from a participating network of providers The network of providers must be extensive enough to conveniently serve recipients regardless of their geographic location The recipients who select a participating provider will be entitled to full coverage for a comprehensive examination and quality glasses Recipients must have the ability to freely select any provider to receive vision care services Consequently those who seek a non-participating provider will be reimbursed according to a set schedule of allowances to be determined Coverage for necessary contact lenses and a cosmetic contact lens allowance should be available both from participating and non-participating providers The Participating Provider Network should consist of individual doctors practicing in their own office versus a clinic approach

50

middot Conlratl Betw Tri-Creek School Corporation and Tri-Ck T chbull Organization Effective January 12009

APPENDIXB

Grievance Forms

51

----------------

--------------

-------

COlltract Between Tri-Cr bullbullk School Corponllion and Tri-Creek T chbull Organization EtTectiv Janua 1 2009

A SUBMISSION OF GRIEVANCE FORM

Tri-Creek School Corporation

Submitted Disposition

Grievance Number Level One

Date of Occurrence Level Two

School Level Three

Submitted To

Level

Nature of Grievance

Settlement Desired

Signed

Completed Before Grievance Filed

Teacher(s)

Position

Home Address

Home Phone

Completed After Grievance Filed

Date of Conference ------------------shyDate of Reply

52

Contract Between Trt-Creek School Corporation and Tri-Creek T chen Organization Errectlve January 12009

B DISPOSITION OF GRlEVANCE FORM

Tri-Creek School Corporation

GRIEVANCE NUMBER

DATE OF OCCURRENCE

GRIEVANT

DATE OF DISPOSITION

GRIEVANCE LEVEL NUMBER

DISPOSITION AND REASONS THEREFOR

Signed

Position

53

Contract Between Tn-Creek School Corporation and Tri-Creek Teahen Organization Effectiv January 11009

I I I 1

I I

APPENDIXC

Certification Renewal Units (CRUs)

54

I

Contract Between TrlmiddotCreeIlt School Corporation and Tri-Creek T_hen Organization Effective January I 2009

C Certification Renewal Units (CRUs)

CRUs related to professional growth shall be distributed (per 515IAC 1-3-1 (f) 1shy3) as follows

1 One (1) CRU will be awarded for every two (2) contact hours of participation in an organized educational experience leading to improved instruction under responsible sponsorship capable direction and qualified instruction

2 Ten (10) CRUs will be granted for each one (1) quarter hour of academic credit when related to professional growth

3 Fifteen (15) CRUs will be granted for each one (1) semester hour of academic credit when related to professional growth

55

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

middot Conlratl Betw Tri-Creek School Corporation and Tri-Ck T chbull Organization Effective January 12009

APPENDIXB

Grievance Forms

51

----------------

--------------

-------

COlltract Between Tri-Cr bullbullk School Corponllion and Tri-Creek T chbull Organization EtTectiv Janua 1 2009

A SUBMISSION OF GRIEVANCE FORM

Tri-Creek School Corporation

Submitted Disposition

Grievance Number Level One

Date of Occurrence Level Two

School Level Three

Submitted To

Level

Nature of Grievance

Settlement Desired

Signed

Completed Before Grievance Filed

Teacher(s)

Position

Home Address

Home Phone

Completed After Grievance Filed

Date of Conference ------------------shyDate of Reply

52

Contract Between Trt-Creek School Corporation and Tri-Creek T chen Organization Errectlve January 12009

B DISPOSITION OF GRlEVANCE FORM

Tri-Creek School Corporation

GRIEVANCE NUMBER

DATE OF OCCURRENCE

GRIEVANT

DATE OF DISPOSITION

GRIEVANCE LEVEL NUMBER

DISPOSITION AND REASONS THEREFOR

Signed

Position

53

Contract Between Tn-Creek School Corporation and Tri-Creek Teahen Organization Effectiv January 11009

I I I 1

I I

APPENDIXC

Certification Renewal Units (CRUs)

54

I

Contract Between TrlmiddotCreeIlt School Corporation and Tri-Creek T_hen Organization Effective January I 2009

C Certification Renewal Units (CRUs)

CRUs related to professional growth shall be distributed (per 515IAC 1-3-1 (f) 1shy3) as follows

1 One (1) CRU will be awarded for every two (2) contact hours of participation in an organized educational experience leading to improved instruction under responsible sponsorship capable direction and qualified instruction

2 Ten (10) CRUs will be granted for each one (1) quarter hour of academic credit when related to professional growth

3 Fifteen (15) CRUs will be granted for each one (1) semester hour of academic credit when related to professional growth

55

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

----------------

--------------

-------

COlltract Between Tri-Cr bullbullk School Corponllion and Tri-Creek T chbull Organization EtTectiv Janua 1 2009

A SUBMISSION OF GRIEVANCE FORM

Tri-Creek School Corporation

Submitted Disposition

Grievance Number Level One

Date of Occurrence Level Two

School Level Three

Submitted To

Level

Nature of Grievance

Settlement Desired

Signed

Completed Before Grievance Filed

Teacher(s)

Position

Home Address

Home Phone

Completed After Grievance Filed

Date of Conference ------------------shyDate of Reply

52

Contract Between Trt-Creek School Corporation and Tri-Creek T chen Organization Errectlve January 12009

B DISPOSITION OF GRlEVANCE FORM

Tri-Creek School Corporation

GRIEVANCE NUMBER

DATE OF OCCURRENCE

GRIEVANT

DATE OF DISPOSITION

GRIEVANCE LEVEL NUMBER

DISPOSITION AND REASONS THEREFOR

Signed

Position

53

Contract Between Tn-Creek School Corporation and Tri-Creek Teahen Organization Effectiv January 11009

I I I 1

I I

APPENDIXC

Certification Renewal Units (CRUs)

54

I

Contract Between TrlmiddotCreeIlt School Corporation and Tri-Creek T_hen Organization Effective January I 2009

C Certification Renewal Units (CRUs)

CRUs related to professional growth shall be distributed (per 515IAC 1-3-1 (f) 1shy3) as follows

1 One (1) CRU will be awarded for every two (2) contact hours of participation in an organized educational experience leading to improved instruction under responsible sponsorship capable direction and qualified instruction

2 Ten (10) CRUs will be granted for each one (1) quarter hour of academic credit when related to professional growth

3 Fifteen (15) CRUs will be granted for each one (1) semester hour of academic credit when related to professional growth

55

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

Contract Between Trt-Creek School Corporation and Tri-Creek T chen Organization Errectlve January 12009

B DISPOSITION OF GRlEVANCE FORM

Tri-Creek School Corporation

GRIEVANCE NUMBER

DATE OF OCCURRENCE

GRIEVANT

DATE OF DISPOSITION

GRIEVANCE LEVEL NUMBER

DISPOSITION AND REASONS THEREFOR

Signed

Position

53

Contract Between Tn-Creek School Corporation and Tri-Creek Teahen Organization Effectiv January 11009

I I I 1

I I

APPENDIXC

Certification Renewal Units (CRUs)

54

I

Contract Between TrlmiddotCreeIlt School Corporation and Tri-Creek T_hen Organization Effective January I 2009

C Certification Renewal Units (CRUs)

CRUs related to professional growth shall be distributed (per 515IAC 1-3-1 (f) 1shy3) as follows

1 One (1) CRU will be awarded for every two (2) contact hours of participation in an organized educational experience leading to improved instruction under responsible sponsorship capable direction and qualified instruction

2 Ten (10) CRUs will be granted for each one (1) quarter hour of academic credit when related to professional growth

3 Fifteen (15) CRUs will be granted for each one (1) semester hour of academic credit when related to professional growth

55

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

Contract Between Tn-Creek School Corporation and Tri-Creek Teahen Organization Effectiv January 11009

I I I 1

I I

APPENDIXC

Certification Renewal Units (CRUs)

54

I

Contract Between TrlmiddotCreeIlt School Corporation and Tri-Creek T_hen Organization Effective January I 2009

C Certification Renewal Units (CRUs)

CRUs related to professional growth shall be distributed (per 515IAC 1-3-1 (f) 1shy3) as follows

1 One (1) CRU will be awarded for every two (2) contact hours of participation in an organized educational experience leading to improved instruction under responsible sponsorship capable direction and qualified instruction

2 Ten (10) CRUs will be granted for each one (1) quarter hour of academic credit when related to professional growth

3 Fifteen (15) CRUs will be granted for each one (1) semester hour of academic credit when related to professional growth

55

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

I

Contract Between TrlmiddotCreeIlt School Corporation and Tri-Creek T_hen Organization Effective January I 2009

C Certification Renewal Units (CRUs)

CRUs related to professional growth shall be distributed (per 515IAC 1-3-1 (f) 1shy3) as follows

1 One (1) CRU will be awarded for every two (2) contact hours of participation in an organized educational experience leading to improved instruction under responsible sponsorship capable direction and qualified instruction

2 Ten (10) CRUs will be granted for each one (1) quarter hour of academic credit when related to professional growth

3 Fifteen (15) CRUs will be granted for each one (1) semester hour of academic credit when related to professional growth

55

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

I

Cont ltt Between Tn-Creek Slthool Corpollltion and Tri-Creek Turnbull Organization Effelttive January 11009

APPENDIXD

Family Illness Leave Loan Bank Application

56

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

I

Contract Between Tri-Creek School Corporation and Tri-Creek Teachen Organization ElTective January 12009

TRI-CREEK SCHOOL CORPORATION FAMILY ILLNESS LEAVE LOAN BANK APPLICATION

(Please Print) NAME ________________ DATE

ADDRESS _____ ~____ ____ PHONE

__________________________________ SCHOOL ______________________________

EXPLANATION OF APPLICATION Please list such things as name of family member relationship to family member need type of emergency number of days needed etc

PHYSICIANS REPORT Please have the attending physician fill out the bottom portion of this form and sign it Then return the application

REPAYMENT ALTERNATIVES (Pleasecheckone)

____ I I wish to repay the Bank at the rate of 1 day per school year

___~ 2 I wish to have the financial value ofmy loan deducted from my paycheck

____ 3 Other

(DLAb2) A recipient who leaves the employment ofTri-Creek School Corporation and still owes a quantity of days to the Family Illness Leave Bank (a) May have the dollar value of the remaining days deducted from hislher final paychecks at hislher current daily rate (b) May transfer any accumulated family illness or personal leave days to the bank as repayment of the loan (c) Shall use (a) or (b) above or a combination of both

J hereby agree to honor the Family Illness Leave Loan Bank rules and regulations

Date Signed ____________________

a PHYSICIANS REPORT

NAME OF PHYSICIAN ___~_______________ DATE _____________

NATURE EXPECTED DURATION PROGNOSIS OF FAMILY MEMBERS ILLNESS

TYPE OF TREATMENT OF ILLNESS OR INJURY

_________ PHONE _______PRINTED NAME OF PHYSICIAN

SIGNATURE OF ATTENDING PHYSICIAN ________________~

___ACCEPTED THE LOAN SHALL BE IN EFFECT FOR SCHOOLDAYS

____ REJECTEDREMARKS

SIGNED (CHAIRMAN)

57

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

eontnct Belween Tri-Cruk School Corporation and Tri-Cruk Teachers Organization Effective January I 2009

APPENDIXE

Unfunded Retirement Liabilities Supplemental S199 Funding

Teachers employed as of July 1 200 I are listed herein by the last four digits of the teachers Social Security Number

I I i ~ i

I 58

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

Conlract Between Trl-Crecllt Schoo Corporalion and Trl-Crecllt Teachen Orpnization Effective January 1 2009

I Last FourDigits Adjusted Buy Out Excluding Those Whobull of Social I

Do Not Meet Eligibility Requirements NumberL Security

i Ret Health TotalSevBrideei

$1996216 $607598 $260381439 bull $2649184

317 $2058713 $590471126 i

$2336700 470

$1678389 i $658311 $3553686

544 $2836735 $716951

$000 i $99164 $99164 I I 594 $548342 $2139829

662 $1591487

$177123 $49514 $226637 i

704 $1067276 $500386 $1567662 i

949 $6419146 bull $1431131 I $78502771----shy

$643282 1 $229322 $872604985I shy

1010 $3290215 bull $841874 i $41~~$377433 $1406157

1165 1152 $1028724

$4247300 i $946850 bull $5194150

1235 $000 $000 $000 I 1422 $000 $000 i

L 1584 $000

$5306073 $1179867 I $6485940 I

I 1595 $7388712 $2066689 bull $9455401 i

1624 $000 $000

C $000 I

1689 $000 $000 $OOU 1875 $7593356 $1530708 I $9124064 I 2000 $8575456 bull 2174

$6995797 $1579659 $5290589 $1195593 i $6486182 bull

2246 $000

2525 $000 $000

i$642480 bull $3006325$2363845 bull $829462 i$2768642530 $552598

I I2554 $000 $000 bull $000 2689 $000 I

I 2945 $000 $000

$000 $000 i

3175 $000

$2434537 $819582 $3254119 I 3276 $607598 i $2757138$2149540

1

$3878564 $869609 $4748173 3423 3348

$3764242 $906720 I $46 709 62 i

3427 middot

$411131 $383214 $794345 3569 $000 $000 $000 bull 3594 $218044 $338404 bull $556448

3952 $4258981 $9738331 $5232814 I 4117 $3764242 $943468 $4707710 I 4147 $2055264 $726889 I $2782153 4159 $000 $000I i$000

- --------_

$3604228 bull4213 $2925751 $678477f---

4221 $479556 $1718455$12~88~99f---- shy

4257 $000 I

r-- 4354 $000 bull $000 bull

$799323$2452761 $3252084 4688 $7744041 4694

$642315 8 i $1320883 $311912$32667 $6345791

59

CII1Itlletw Tri-Creek School Corporation and Tri-Ck T bullbullbullbbull OrganizAtion Effective Janua 12009

Last Four Digits oCSocial Adjusted Buy Out Excluding Those Wbo Do Security Not Meet Eligibility Requirerqents Number

4895 5181 5208 5244 5298

Ret Healtb Total $877170 $4634997 $943468 $4 7 0I7JL $799323 $3252084

$1520993 $8516138 $799323 $3254135 $819321 i $4093481 $252983 $252983

$000 $000 $809468 $3223240

$000 $000 I

$1679520 $9272876 I

$444714 $1170987

$307447 $7369365 I

$1244225 $7118623 $556033 $2019525

$000 $000

$1 11 $1 787

$1 $~~~ ~ $000$000 bull

$590471 $2750001 $000 $000 i

$342770 $651529 $882019 $4646261 $840224 $Q77615 $511239 $1756176 bull $611833 $4620476 i

$1804391 $9297304 i

$114476 $114476 $000 $000 i

$1130785 $5906186 $588472 $3169458 bull $357137 $1816312 $809468 $3225790

$ $1 bull~$000 i

$000 $000 $197663 $218626 $428182 $1393598

$000 $000 $440602 $1371165

SevBrid2e $3757827 $3764242 $2452761 $6995145

5330 5446 5463 5493 5532 5635 5716 5731 5763 5798 6144 6157 6240 6264 6697 6779 6808 6879 6993 7076 7229 7239 7419 7429 7500 7586

K7931

I 87931 7939 7952 8020 8117 8133 8186 8272 8278 8412 8510 8741 8754

$2454812 $3274160

$000 $000

$2413772 $000

$7593356 $137267

$6198378 $5874398 $1463492

$000 $000

$5862986 $4775401 $4841742

$000 $000

$2159530 $000

$308759 $3764242 $4237391 $1244937 $4008643 $7492913

$000 $000

$4775401 $2580986 $1459175 $2416322 $6747650 $1948300 $4062290

$000 $000

$20963 $965416

$000 $930563

60

Cott Btw Tri-Ck School Corporation and Tri-Creek Teach Organization EITtive January I 2009

LastFoulDigits Adjusted Buy Out ExcludiQgTl)ose Who DoI ofSocial

Not MeetEUgibility RequirementsSecurity Number

~__________~~=====-~R=e~t=He~a~Uh~~ _T~o~m~l~~ 8760 $830616 $4211980 8764 $000 $000i

8872 $2424149 $789144 $3213293 8903 000 bull $000 $000 I it $ 8941

I 8989 9095

I 9254

I 9255

i 9542 I 9560

9597

I 9719 9744

I 9825

L 9962

$4765835 $1116386 i $5882221 I $2880854 $690428i $3571282 i

$6423158 $1302297 $77~~ $667266 $359819 l $307447

---j

i$000 $000 $000 I $2114040 I$1588919 $525121

$4258981 $933293 I $5192274 i

$000 $000 $591330 $000

$000 $000 $000 $000

$1005459 $486522 i

$000 I $59133~

$000 $000

$1491981

61

TRI-CREEK SCHOOL CORPORATION (TCSC) TRI-CREEK TEACHERS ORGANIZATION (TCTO)

MEMORANDUM OF UNDERSTANDING

MIDDLE SCHOOL 5TH GRADE TRANSITION

This Memorandum of Understanding is entered into by the TCTO by its co-presidents and the TCSC by its Superintendent of Schools

A This procedure may begin with the signing of this Agreement

B Procedure for Middle School Transition Staffing

1 To initiate process all teachers assigned to the middle school as well as all 5th grade elementary teachers will move to the new middle school building

2 By May 8 current 5th grade teachers desiring to remain in the current elementary building will notifY their principal in writing of the desire to remain (not be transferred)

3 Volunteers (from a building where a current 5th grade teacher desires not be transferred) will be sought to transfer to the middle school to fill the 5th grade assignment for the school year Those volunteers will have a 5th grade assignment during the subsequent school year

4 Should no teacher from the aforementioned building volunteer to be transferred from the building the least senior properly certified teacher in the aforementioned building will be involuntarily transferred The teacher to be involuntarily transferred will have a 5th grade assignment

5 The above items 1 through 4 cease to be in effect on the first teacher day of the school year

6 When the 5th grade classes are returned to the elementary school buildings in the future elementary teachers displaced by the original transfer will have the right of first choice to return to the elementary school building from which they were originally transferred on the basis of seniority

Executed this day ofApril 2011 g

BY~ c2~ Superintendent of TCSC

Co-President ofTCTO