PROFESSIONAL NEGOTIATIONS

AGREEMENT
Effective July 1, 2015 through June 30, 2018

between the

Middletown Area
Education Association
and the

Middletown Area School

District

Table of Contents
Recognition.......................................................................................................................................3
Term of Agreement .......................................................................................................................... 3
No Lock Out No Strike ................................................................................................................... 3
Salary / Wage Provisions .................................................................................................................. 3
Other Employee Benefits (See Appendix B) .................................................................................. 4
Hours of Work and Conditions of Employment (See Appendix C) ................................................ 4
Meet and Discuss Provisions (See Appendix D)............................................................................. 4
Grievance Procedure (See Appendix E) ......................................................................................... 5
Notification of Teaching Assignment ............................................................................................... 5
Job Security and Job Progression ..................................................................................................... 6
Just Cause Provision ......................................................................................................................... 6
Waivers ............................................................................................................................................. 6
Conflict between Collective Bargaining Agreement Language and Law .......................................... 6
Cost of Preparation and Distribution of Agreement ........................................................................ 7
Effective Date and Signature ............................................................................................................ 7
Exhibit A Salary Schedule for 2015-2016....................................................................................... 8
Exhibit B Salary Schedule for 2016-2017 ....................................................................................... 9
Exhibit C Salary Schedule for 2017-2018 .....................................................................................10
Appendix A Miscellaneous Salary Provisions
Extended Contract Employees .................................................................................................11
Newly Employed Professional Employees ...............................................................................11
Supplemental Contract ............................................................................................................12
Credit for Military Service ........................................................................................................12
Pay Days ...................................................................................................................................12
Credit for Teaching and Evaluating Exceptional Children ........................................................12
Compensation for Extra Work .................................................................................................12
Post-Baccalaureate Work ........................................................................................................13
Professional Development .......................................................................................................15
National Teacher Certification .................................................................................................16
Appendix B Other Employee Benefits
Description of Health Care ......................................................................................................17
Retirement / Health Care Benefits ..........................................................................................19
Accumulated Sick Leave Payment ...........................................................................................20
Group Life Insurance ................................................................................................................21
Leaves
Personal Leave...................................................................................................................21
Association Leave ..............................................................................................................22
Jury / Legal Leave ..............................................................................................................22
Professional Development Leave ......................................................................................22
Sick Leave Bank .................................................................................................................23
Extended Illness .................................................................................................................24
Tax Sheltered Annuity ..............................................................................................................24
Additional Payroll Deductions..................................................................................................25

Appendix C Hours of Work and Other Conditions of Employment

Length of Contracted School Year ...........................................................................................26
Length of Work Day ................................................................................................................26
Planning and Preparation Time ...............................................................................................26
District Provided Facilities........................................................................................................26
Medical Examinations ..............................................................................................................26
Access to Buildings ...................................................................................................................26
Access to Personnel Files .........................................................................................................27
Notification of Intent to Retire ................................................................................................27
Long-Term Substitutes .............................................................................................................28
Appendix D Meet and Discuss Items ...........................................................................................29
Appendix E Grievance Procedure ................................................................................................31

I.

Recognition
The Middletown Area Education Association, Pennsylvania State Education Association
and the National Education Association (hereinafter called the Association) has
heretofore been recognized by the Middletown Area School District (hereinafter called
the District) as the bargaining agent for certain professional employees of the
Employer under the provisions of the Public Employee Relations Act of the
Commonwealth of Pennsylvania (hereinafter called Act 195).
Both parties affirm that this agreement sets forth the terms and conditions to which
each agrees to be bound, and that such agreement has been reached voluntarily,
without undue or unlawful coercion or force by either party.

II.

III.

Term of Agreement
A.

The term of this agreement is July 1, 2015 through June 30, 2018.

B.

All terms of this agreement will be enforced through June 30, 2018.

No Lock Out No Strike

Both parties agree to faithfully abide by the provisions of Act 195. As a condition to the
various provisions of this agreement, the District pledges that it will not conduct, or
cause to be conducted, a lock out during the term of this agreement and the Association
pledges that members of the bargaining unit will not engage in a strike, as the term is
defined in Act 195 and Act 88, during the term of this agreement.

IV.

Salary / Wage Provisions

A.

Each member of the bargaining unit will be placed on a step and an educational
level for the 2015-2016 school year in accordance with the understanding
reached by the parties during the collective bargaining process. Such placement
shall be set forth on a list which will be kept on file by the Association and the
District.

B.

The salary paid to each member of the bargaining unit for the 2015-2016 school
year will be consistent with the salary schedule for 2015-2016. (Exhibit A)

C.

The salary paid to each member of the bargaining unit for the 2016-2017 school
year will be consistent with the salary schedule for 2016-2017. (Exhibit B)

D.

The salary paid to each member of the bargaining unit for the 2017-2018 school
year will be consistent with the salary schedule for 2017-2018. (Exhibit C)

E.

For the 2015-2016 school year, all members of the bargaining unit will remain
on the salary schedule step that they were on during the 2014-2015 school year,
exclusive of any adjustments for post-baccalaureate work. Members of the
bargaining unit hired for the 2015-2016 school year that are not credited for any
prior teaching experience will be placed on Step 0 on the salary schedule. Step
0 will only be applicable to the 2015-2016 school year.

V.

F.

For the 2016-2017 school year, all members of the bargaining unit will move
vertically one (1) step on the salary schedule from the step that they were on
during the 2015-2016 school year, exclusive of any adjustments for postbaccalaureate work.

G.

For the 2017-2018 school year, all members of the bargaining unit will move
vertically one (1) step on the salary schedule from the step that they were on
during the 2016-2017 school year, exclusive of any adjustments for postbaccalaureate work.

H.

Salary schedules are based on the number of contracted days, as specified in

Appendix C, Part I, for members of the bargaining unit.

I.

Members of the bargaining unit employed less than full-time shall be paid at a
pro-rata amount based upon the salary schedule and the work schedule of the
employee working less than full-time as compared to the work schedule of a
full-time employee.

J.

Professional employees who began teaching duties at the start of the 19961997 school year or anytime thereafter, will qualify for a horizontal step to the
Masters Degree category on the salary schedule only if the employee obtains a
Masters Degree in a field of education. Under this provision, those employees
employed before the 1996-1997 school year will also qualify for a horizontal
step to the Masters Degree category on the salary schedule with a Masters
Equivalency Degree.

K.

The educational columns set forth on the salary schedules shall be Bachelors,
Masters, Masters+15 additional graduate credits, Masters+30 additional
graduate credits, Masters+45 additional graduate credits, Masters +60
additional graduate credits, Doctorate.

L.

Other matters relating to salary are set forth in Appendix A of this agreement.

Other Employee Benefits

The parties agree that other employee benefits to be provided under this agreement are
accurately reflected in Appendix B of this agreement.

VI.

Hours of Work and Conditions of Employment

The parties agree that hours of work and conditions of employment to be effected by
this agreement are accurately reflected in Appendix C of this agreement.

VII.

Meet and Discuss Provisions

The parties agree that the implementation of Section 702 of Act 195 is set forth in
Appendix D of this agreement.

VIII.

IX.

Grievance Procedure
A.

It is in the interest of the general public, and in the interest of the school
children, whom the District and employees serve, that grievances be reconciled
and disposed of as expeditiously as possible.

B.

The parties agree that grievances which arise out of the interpretation of this
agreement (excepting any substantive matters within Item VII hereof) shall be
resolved in accordance with the Grievance Procedures set forth in Appendix E of
this agreement.

Notification of Teaching Assignment

A.

All professional employees shall be notified in writing of a change in their

teaching assignment on or before the last staff work day of the approved
calendar year preceding the assignment, except in the circumstances identified
in Section B below. Preliminary high school and middle school schedules will be
provided by the last staff work day with the final schedule provided by August 1
or as soon as possible thereafter if a successor Professional Negotiations
Agreement has not been finalized by June 30 in the final year of this agreement.

B.

A change in teaching assignment for the succeeding school year made by the
District after the last staff work day of the preceding school year may:
(1)

be made with the consent of the professional employee whose

assignment is changed.

(2)

be made without the consent of the professional employee whose

assignment is changed if a vacancy in a professional staff position occurs
as a result of a maternity leave, sabbatical leave, resignation,
irrevocable retirement, or other leave request, written notice of which
had not been given to the District at least ten (10) days prior to the last
staff work day of the approved calendar year.

(3)

be made without the consent of the professional employee whose

assignment is changed if a vacancy must be filled as a result of the
return from leave status of a professional employee if written notice of
intention to return from leave had not been given to the District at least
ten (10) days prior to the last staff work day of the approved calendar
year.

Each professional employee shall be provided the opportunity to review his assignment
and/or request a change of assignments. Such review shall be initiated first with the
Superintendent or his designee and may at the request of the employee thereafter be
made with the School Board of Education.

X.

XI.

Job Security and Job Progression

A.

The Pennsylvania School Code includes certain job security provisions,

certification and other regulatory provisions associated with various classes of
employees. The parties acknowledge that the School Code governs the manner
in which job security, job progression, and reduction in force practices are to be
effected with respect to members of the bargaining unit.

B.

In the event the District determines that a reduction in staff may be necessary,
the District will notify the Association in writing as early in the year as possible
but no later than May 15th of the school year immediately preceding the school
year in which such reduction is to take effect. It is understood that the District
will make any determination regarding a reduction in staff based upon only
irrevocable professional staff retirements and resignations that have been
presented to the District by that date.

C.

Employees to be furloughed as a result of the Districts decision to reduce staff

will be notified in writing by the District no later than ninety (90) days prior to
the date on which such furlough is to become effective.

Just Cause Provision

If during the term of this agreement the tenure provisions of the Pennsylvania School
Code relating to professional employees are repealed, the following Just Cause
provision shall become effective:
No professional employee shall be discharged, reduced in rank or compensation, or
receive a written letter of reprimand or have said letter made part of his personal
record without just cause. All information forming the basis for any such action shall be
available to the professional employee and, upon his request or consent, to the
Association.

XII.

Waivers
The parties agree that all negotiable items have been discussed during the negotiations
leading to this agreement, and that no additional negotiations on this agreement will be
conducted on any item, whether contained herein or not, during the term of this
agreement.

XIII.

Conflict between Collective Bargaining Agreement Language and Law

If any provision of this agreement or any application of the agreement to any employee
or group of employees is held to be contrary to law, then such provision or application
shall not be deemed valid and subsisting except to the extent permitted by law, but all
other provisions or applications shall continue in full force and effect. In the event that
a provision of this agreement should be determined to be invalid, the parties agree to
promptly negotiate an alternative provision which, to the extent reasonably possible,
restores the rights, obligations and practices of the parties as defined in the prior
provision.

XIV.

Cost of Preparation and Distribution of Agreement

The cost of preparation and distribution of this agreement shall be borne equally by the
Middletown Area Education Association and the Middletown Area School District.

XV.

Effective Date and Signature

This agreement is made and entered into this ____ day of __________, 2015 by and
between the Middletown Area School District and the Middletown Area Education
Association, evidenced by the signatures of their respective authorized officers.
Middletown Area School District

Middletown Area Education

Association

__________________________________
President of the Board of School Directors

_________________________
President of the Association

__________________________________
Secretary of the Board of School Directors

_________________________
Secretary of the Association

EXHIBIT A
Salary Schedule for 2015-2016

STEP
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

BACH
43,745
44,450
45,425
46,400
47,400
48,400
49,505
51,205
52,905
54,905
56,905
59,155
60,900
63,600
66,300
69,000
71,650

MAST
46,395
47,100
48,075
49,050
50,050
51,050
52,155
53,855
55,555
57,555
59,555
61,805
63,550
66,250
68,950
71,650
74,300

M+15
48,295
49,000
49,975
50,950
51,950
52,950
54,055
55,755
57,455
59,455
61,455
63,705
65,450
68,150
70,850
73,550
76,200

M+30
50,245
50,950
51,925
52,900
53,900
54,900
56,005
57,705
59,405
61,405
63,405
65,655
67,400
70,100
72,800
75,500
78,150

M+45
52,195
52,900
53,875
54,850
55,850
56,850
57,955
59,655
61,355
63,355
65,355
67,605
69,350
72,050
74,750
77,450
80,100

M+60
54,145
54,850
55,825
56,800
57,800
58,800
59,905
61,605
63,305
65,305
67,305
69,555
71,300
74,000
76,700
79,400
82,050

DOCT
56,045
56,750
57,725
58,700
59,700
60,700
61,805
63,505
65,205
67,205
69,205
71,455
73,200
75,900
78,600
81,300
83,950

EXHIBIT B
Salary Schedule for 2016-2017

STEP
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

BACH
45,000
45,575
46,550
47,550
48,555
49,655
51,355
53,055
55,055
57,055
59,305
61,050
63,750
66,450
69,150
72,195

MAST
47,650
48,225
49,200
50,200
51,205
52,305
54,005
55,705
57,705
59,705
61,955
63,700
66,400
69,100
71,800
74,845

M+15
49,550
50,125
51,100
52,100
53,105
54,205
55,905
57,605
59,605
61,605
63,855
65,600
68,300
71,000
73,700
76,745

M+30
51,500
52,075
53,050
54,050
55,055
56,155
57,855
59,555
61,555
63,555
65,805
67,550
70,250
72,950
75,650
78,695

M+45
53,450
54,025
55,000
56,000
57,005
58,105
59,805
61,505
63,505
65,505
67,755
69,500
72,200
74,900
77,600
80,645

M+60
55,400
55,975
56,950
57,950
58,955
60,055
61,755
63,455
65,455
67,455
69,705
71,450
74,150
76,850
79,550
82,595

DOCT
57,300
57,875
58,850
59,850
60,855
61,955
63,655
65,355
67,355
69,355
71,605
73,350
76,050
78,750
81,450
84,495

EXHIBIT C
Salary Schedule for 2017-2018

STEP
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

BACH
46,000
46,400
46,900
47,675
48,705
49,830
51,530
53,230
55,230
57,230
59,485
61,225
63,925
66,640
69,325
72,730

MAST
48,650
49,050
49,550
50,325
51,355
52,480
54,180
55,880
57,880
59,880
62,135
63,875
66,575
69,290
71,975
75,380

M+15
50,550
50,950
51,450
52,225
53,255
54,380
56,080
57,780
59,780
61,780
64,035
65,775
68,475
71,190
73,875
77,280

M+30
52,500
52,900
53,400
54,175
55,205
56,330
58,030
59,730
61,730
63,730
65,985
67,725
70,425
73,140
75,825
79,230

10

M+45
54,450
54,850
55,350
56,125
57,155
58,280
59,980
61,680
63,680
65,680
67,935
69,675
72,375
75,090
77,775
81,180

M+60
56,400
56,800
57,300
58,075
59,105
60,230
61,930
63,630
65,630
67,630
69,885
71,625
74,325
77,040
79,725
83,130

DOCT
58,300
58,700
59,200
59,975
61,005
62,130
63,830
65,530
67,530
69,530
71,785
73,525
76,225
78,940
81,625
85,030

APPENDIX A
Miscellaneous Salary Provisions
I.

II.

Extended Contract Employees

A.

Elementary and middle school guidance counselors shall be required to work

ten (10) additional days beyond the contracted school year. The additional days
shall be scheduled between August 15 and June 15 each year.

B.

High school guidance counselors shall be required to work twelve (12)

additional days beyond the contracted school year. Ten (10) additional days
shall be scheduled between August 15 and June 15 each year. Two (2)
additional days shall be scheduled between June 15 and August 15 each year
and shall be scheduled in accordance with arrangements made between each
guidance counselor covered by this provision and the building principal.

C.

The Home and School Visitor shall be required to work ten (10) additional days
beyond the contracted school year. The additional days shall be scheduled
between August 15 and June 15 each year.

D.

The salary paid to each extended contract employee for each day beyond the
contracted year for all professional employees (as detailed in Appendix C, Part I)
will be computed as follows: each individual will be paid according to his
placement on the appropriate salary schedule, plus he will receive additional
compensation equal to his individual per diem times the number of contracted
days in excess of the contracted days for other professional employees.

E.

The only change to the August 15 to June 15 time period would be as a result of
extending the school calendar because of cancellation of school.

Newly Employed Professional Employees

A.

All professional employees hereafter employed shall be offered a salary

appropriate for their preparation and experience. Full time teaching in public,
private, and parochial schools shall be credited at a value agreed upon by said
employee and the District.

B.

All professional employees hired for the term of this contract will be placed on
the appropriate salary schedule. Initial placement on the salary schedule will be
determined by individual negotiations between the new employee and the
District at the time of employment. Years of previous experience will not
necessarily equate to a corresponding step on the schedule (i.e. a person with
ten (10) years of previous experience will not necessarily be placed on step 10 of
the schedule). Furthermore, professional employees who begin teaching duties
during the term of this agreement will qualify for a horizontal step to the
Masters Degree category on the salary schedule if the employee obtains a
Masters Degree in education or in a related field which is pre-approved by the
District in writing.

11

III.

Supplemental Contract
Each professional employee will receive a supplemental contract one (1) week before
the first pay of each year. If a successor Professional Negotiations Agreement has not
been ratified by all parties at least two weeks prior to the first pay of the fiscal year, the
supplemental contract will be provided to each professional employee one (1) week
before the next pay that is at least two weeks after the contract has been ratified by the
Association and the District.

IV.

Credit for Military Service

All professional employees who have had military service shall be given recognition for
not more than two (2) years of such service. If a professional employee has been
credited with military service in the past, additional credit will not be given for service
prior to certification.

V.

VI.

Pay Days
A.

Professional employees will be paid twenty-six (26) times per year on alternate
Fridays, using direct deposit of their check to financial institutions of their
choice. If the Federal Reserve System is closed for a holiday that falls on a pay
date, the pay date will be moved to the preceding business day.

B.

Professional employees will have a choice of being paid bi-weekly over the
summer, or of receiving their summer salary in one (1) lump sum on the second
regularly scheduled pay day in June of each year.

Credit for Teaching and Evaluating Exceptional Children

Certified teachers of exceptional children teaching classes approved by the Department
of Education for exceptional children and school psychologists responsible for
evaluating potentially exceptional children shall receive a supplement to their salary of
$500.00. The supplement does not become part of their permanent base salary; and it
is intended to compensate for IEP development, testing, evaluation report writing, and
end of year reports.

VII.

Compensation for Extra Work

A.

Professional employees shall not be required to perform work beyond the

contracted work day or work year as set forth in this agreement. Any
professional employee who performs such work at the request of the Employer
shall be compensated at the rate of $31.00 per hour for the first year of this
agreement, $33.00 per hour for the second year of this agreement, and $35.00
per hour for the third year of this agreement.

B.

The following are not extra work and no compensation shall be paid to
employees under the terms of this provision:
(1)

Attendance at and participation in an open house activity.

(2)

Attendance at and participation in any meetings regarding students held

outside the contract day to a cumulative maximum of three (3) hours.
12

The District will attempt to notify the employee three (3) days in
advance of said meeting, except in circumstances involving emergency
situations (i.e. student disciplinary matters, crisis intervention, and
critical health issues). The three (3) days notice requirement will be
waived if all parties agree to said meeting.

VIII.

(3)

Attendance at and participation in two regularly scheduled meetings

per month from September through May (with the exception of
December which will have one meeting). These meetings are not to
exceed one hour in length beyond the contracted day. It is understood
that the District will notify the professional staff in September of the
dates of the scheduled meetings, and it is further understood that in the
event a meeting has to be cancelled, the professional staff will be given
five (5) working days notice for the rescheduling of that meeting.

(4)

Attendance at and participation in required Induction Program meetings

and trainings for all new professional employees. These meetings and
trainings will not exceed more than five (5) working days during the first
full school year of employment.

C.

Such extra work and extra compensation shall be accounted for and paid to
each employee on a bi-weekly basis.

D.

Members of the bargaining unit may elect to voluntarily serve on committees or

to provide services for the District without compensation. Members of the
bargaining unit may decline to provide services to the District without an impact
on the members annual performance evaluation.

Post-Baccalaureate Work
The District will reimburse full-time professional employees for tuition paid by said
professional employees for earned graduate credits, subject to the following provisions:
A.

The District will reimburse tuition paid for courses under the following
conditions:
(1) Courses necessary to obtain permanent certification from the Pennsylvania
Department of Education;
(2) Additional credits needed beyond courses for permanent certification to
obtain a Masters degree;
(3) Courses within a graduate program for full-time professional employees
who do not have a Masters degree in an educational-related field; and
(4) Courses that are part of a graduate degree or certification program for
those employees who were enrolled in such a program as of July 1, 2013.

13

B.

All allowable graduate credits earned by a professional employee during the

term of this agreement will be reimbursed at up to 75% of the Penn State
University Harrisburg Campus in-state all other programs graduate tuition rate
per credit hour applicable to the semester in which the course is taken. The
District will reimburse the professional employee allowable tuition costs (i.e. no
fees).

C.

The maximum number of graduate credits for which a professional employee

will receive reimbursement in a given year (July 1 to June 30) is twelve (12). The
date posted as the completion date for the course, will determine in which year
(July 1 to June 30) those graduate credits will be posted.

D.

Requests for reimbursement shall be submitted to the Superintendent within

thirty (30) calendar days after the completion of the course, the failure to abide
by this may result in delayed reimbursement. Reimbursement checks will be
issued after receipt of a fully completed request for reimbursement within thirty
(30) calendar days after presentation to the Superintendent of (1) a receipted
invoice and (2) a transcript showing successful completion of the course or
courses and credits earned. Failure to submit requests for reimbursement
within twelve (12) months of the date of completion of the course will result in
forfeiture of the right to reimbursement.

E.

Courses must be successfully completed and passed with a minimum grade of

C (or Pass for Pass/Fail courses) and otherwise satisfactorily completed
according to the standards of the accredited college or university.

F.

Employees shall notify the Superintendent in advance of enrolling in a

certification or graduate degree program. The enrollment form must be filed
with the Superintendent prior to course pre-approval.

G.

All credits submitted for tuition reimbursement must be pre-approved by the

Superintendent at least two weeks prior to the start date of the program. Only
the following credits will be eligible for reimbursement: courses directly related
to education or courses related to the area of the employees specialization
taken for full graduate credit at an accredited college or university, including online graduate courses if they are a part of a masters or doctoral degree or
certification program recognized by the Pennsylvania Department of Education
or otherwise approved by the Superintendent. Full time on-line graduate
programs do not qualify for tuition reimbursement or column advancement
under this agreement unless approved by the Superintendent. Continuing
Professional Education (CPE) courses do not qualify for reimbursement under
this agreement and will not be accepted for column advancement on the salary
schedule. Reimbursement for CPE credits or units will be addressed in the
Districts Professional Education Plan and is contingent upon available grant
funding as determined by the Employer. No tuition reimbursement shall be
paid for repeated courses.

H.

Professional staff members will be permitted to advance only one column on

the salary schedule per school year. Only credits earned through an approved
or accredited college or university recognized by the Pennsylvania Department
of Education and approved by the Superintendent will be accepted for column
advancement on the salary schedule. All paperwork for horizontal movement
14

on the salary schedule must be completed and submitted by July 31 prior to the
school year for which that salary increase is to take effect. The employee must
notify the District of his intent to move horizontally on the salary schedule in the
upcoming year at least thirty (30) days prior to the date when the preliminary
budget must be advertised for public inspection so that an allowance can be
made in the budget for the increase in salary.
I.

A professional employee who is on an approved professional development leave

will be permitted to take eighteen (18) graduate credits per year (July 1 to June
30) at maximum reimbursement, if credits are needed to obtain a Masters
Degree, permanent certification, or are part of an approved graduate degree or
certificate program approved as of July 1, 2013.

J.

An employee on sabbatical leave for health reasons, child rearing leave, or

otherwise on paid or unpaid leave for health reasons shall not be eligible for
tuition reimbursement.
If during the term of this agreement, a professional employee voluntarily leaves
the District, the employee will be required to repay the educational
reimbursement paid by the District during the prior twenty-four (24) months up
to a total of twenty-four (24) credits. Professional employees leaving the
employment of the District for purposes of retirement, reasons of health, or
termination by the District are excluded from this requirement.

K.

L.

IX.

Equipment and/or materials received by a professional employee that were

included in the cost of the courses tuition and that tuition was reimbursed by
the District shall become the property of the District. Professional employees
who receive such goods must submit the equipment and/or materials to the
District to be included in the Districts inventory.

Professional Development
In addition to the professional development opportunities that the District schedules for
professional employees on the staff development days of the approved District
calendar, the District will make available other professional development opportunities
to enable professional employees to earn sufficient continuing education credits to
maintain state certification. Activities that are not scheduled by the District will be
subject to prior approval and conditioned on available funding in the Districts approved
annual budget. All professional development activities not scheduled by the District
must be related to the employees area of instruction or be consistent with the Districts
Professional Education Plan and must be approved by the Superintendent, or his/her
designee, prior to registration.
If approved by the Superintendent or his/her designee, the District will pay the
registration fee for seminars, workshops and conferences at the time of registration
provided that the request for registration is provided to the District at least two (2)
weeks prior to the deadline for registration. The professional employee must provide a
written summary of what he/she has learned and how the activity will be applied to
his/her respective duties within the District at the conclusion of the activity. Preference
will be given to those seminars, workshops and conferences that are scheduled outside
of the school calendar in order to avoid conflicts with substitute coverage.

15

In addition, professional employees may be eligible to take and be reimbursed for

graduate credits for professional development purposes only subject to the terms and
conditions outlined herein. If pre-approved, the District will reimburse professional
employees who have obtained a Masters degree and are not enrolled in a graduate
degree or certification program for the cost of tuition at up to 75% of the Penn State
University Harrisburg Campus in-state all other programs graduation tuition rate
applicable to the semester in which the course is taken for three (3) graduate credits
annually up to a maximum reimbursement for twelve (12) graduate credits when
combined with the language in Section XIII for Post-Baccalaureate Work. Enrollment in
the course must be pre-approved by the Superintendent at least two weeks prior to the
start date of the course. Employees must successfully complete the course with a
minimum grade of C (or Pass for Pass/Fail courses) in order to seek reimbursement
from the District. Employees shall not be permitted to use courses that fall under this
section for column advancement on the salary schedule. If an employee who has
obtained a Masters degree and is not enrolled in a graduate degree or certification
program approved by the District wishes to seek column advancement for graduate
courses he/she should not seek reimbursement from the District for the cost of tuition.
The District shall have sole discretion for the approval of all professional development
activities.
X.

National Teacher Certification

A.

Teachers who attain National Board Certification as defined by the National

Board for Professional Teaching Standards shall receive an additional noncumulative stipend of $1,500.00 per year for each year that the National Board
Certification is maintained.

B.

The payment of necessary assessment and enrollment fees for initiation and
maintenance of National Board Certification, beyond fees reimbursed to the
employee through state or nationally funded initiatives for the initial
assessment for certification, shall be the responsibility of the employee.

16

APPENDIX B
Other Employee Benefits
I.

Description of Health Care

A.

The District shall offer medical and prescription drug coverage to eligible fulltime professional employees of the District wishing to elect such coverage
during the term of this agreement. The District shall provide such coverage
through an independent licensee of the Blue Cross Blue Shield Association
(BCBSA). The coverage type shall be a Preferred Provider Organization (PPO)
arrangement, in which such coverage shall satisfy the requirements of a
Qualified High Deductible Health Plan (HDHP), as defined by the United States
Department of the Treasury and Internal Revenue Service.
During the term of this agreement, the District will deposit into the health
savings account of each eligible full-time professional employee electing
medical and prescription coverage the amount necessary so that the
employees responsibility toward the deductible is as follows:
Single
Two Adults
Parent & Child
Parent & Children
Family

$ 500
$1,000
$1,000
$1,500
$1,500

The District may offer an alternative medical and prescription drug coverage
plan to eligible employees of the District wishing to elect such coverage. If the
District provides such coverage, the employees cost sharing would be adjusted
equal to the change in premium.
B.

The District shall provide dental coverage to eligible full-time professional

employees of the District who elect medical and prescription coverage during
the term of this agreement. The dental coverage shall be of like kind and quality
in scope to the coverage offered during the 2014-2015 school year.

C.

The District shall provide vision coverage to eligible full-time professional

employees of the District who elect medical and prescription coverage during
the term of this agreement. The vision coverage shall be of like kind and quality
in scope to the coverage offered during the 2014-2015 school year.

D.

During the term of this agreement, the District may elect to offer health
insurance coverage through an alternative health care administrator, self insure
the above specified coverage, join a consortium to provide such coverage,
and/or utilize the services of a Third Party Administrator in the provision of such
coverage and processing of claims.
During the term of this agreement, if the District is required to alter benefit
levels or terms of coverage by governmental mandate or changes dictated by
the carrier, the District will provide at least thirty (30) days notice to the
Association prior to enactment of the change.
During the term of this agreement, if the District wishes to make other changes
to benefit levels or terms of coverage, the District will (1) present the details
17

regarding the change to the Association; (2) provide a reasonable time for the
Association to analyze the proposed change; and (3) meet and discuss the
proposed change with the Association, resulting in a Memorandum of
Understanding. In addition, the District may elect to discontinue any health
care plan for active employees if less than fifteen percent (15%) of the active
employees within the bargaining unit are enrolled in the said health care plan in
any coverage year.
E.

The District will only provide health care coverage to an eligible full-time
professional employees spouse if the spouse does not have health care
coverage available through his/her employer. The employee and his/her spouse
must certify that coverage is not available and must also authorize the District
to verify the coverage status of the spouse.
If the spouse does have coverage available, the employee may obtain coverage
for his/her spouse from the District by purchasing such coverage at 100% of the
additional cost.

F.

During the term of this agreement, an eligible full-time professional employee

of the District is permitted to make changes to the cited plan in his/her elected
health care coverage during the open enrollment period, June 1st to June 15th
of each year. Whereas, the benefits an eligible employee of the district wishes
to elect cannot be changed or revoked except during open enrollment unless by
reason of a qualified change in status (i.e. marital status, change in dependents,
employment change of spouse).

G.

During the term of this agreement, the employee cost share will be determined
on the basis of a five-tier structure: single coverage (employee only); two adults
(employee and employees spouse); parent and child (employee and one eligible
dependent); parent and children (employee and more than one eligible
dependent); and family coverage (employee and employees spouse and eligible
dependent(s)). Each employee participating in the health care program shall
pay the applicable bi-weekly cost sharing for his/her elected plan and level of
coverage. The bi-weekly cost sharing shall be made through employee payroll
deductions and be as follows for the 2015-2016 school year:
Single
Two Adults
Parent & Child
Parent & Children
Family

$16 per pay

$38 per pay
$31 per pay
$43 per pay
$46 per pay

Beginning with the 2016-2017 school year, the bi-weekly cost sharing shall be
6% of the health care coverage costs per pay. The employees responsibility for
cost-sharing will be capped at a 15% increase in benefit costs between years.

18

Specifically, cost-sharing will not exceed the amounts noted below:

Single
Two Adults
Parent & Child
Parent & Children
Family
H.

II.

2016-2017
$19.00 per pay
$42.00 per pay
$33.50 per pay
$47.00 per pay
$51.50 per pay

2017-2018
$21.50 per pay
$47.50 per pay
$37.50 per pay
$53.50 per pay
$58.50 per pay

The following rules shall apply when an eligible employee and their spouse are
both employed by the District:
(1)

If the employee and spouse do not have any eligible dependent

children, they will be enrolled in the coverage that results in the lowest
total cost to the District, i.e. each be enrolled in single coverage or be
enrolled in Two Adult coverage. The cost sharing required by the
employees will be whatever results in the lowest cost to them,
regardless of which coverage is used.

(2)

If the employee and spouse have dependent children who are eligible
for health care coverage, they will both be enrolled in the combination
of coverage that results in the lowest total cost to the District. The cost
sharing required by the employees will be whatever results in the
lowest cost to them, regardless of which coverage is used.

I.

Eligible full-time professional employees that voluntarily elect to waive

participation in the School Districts health care plan for an entire coverage year
shall receive a payment of $3,000 per year or a pro-rated amount for a portion
thereof. In order to be eligible to receive this payment, the employees spouse
may not be employed by the School District, and the employee must provide
evidence that he/she is covered by another health care plan. This amount will
be paid in monthly installments. The employee has the option to review his/her
decision annually and may re-enter the Districts health care program during the
open enrollment period specified in paragraph F.

J.

During the 2015-2016 school year, the District will offer full-time professional
employees enrolled in the Districts health care coverage an opportunity to
complete an electronic health risk assessment. Eligible employees who
complete the health risk assessment will receive an additional one-time deposit
of $500 from the District into their health savings account no later than one
month following notification of completion of the assessment.

Retirement / Health Care Benefits

A.

An employee who has taken superannuation retirement, has retired with thirty
(30) or more years of credited service in PSERS or has taken disability retirement
may continue to purchase the Districts coverage after retirement until the
month in which he/she turns sixty-five years of age or until he/she is covered by
another plan. If a retiree is eligible to be covered as an employee by another
employer-provided health plan, he/she will not be eligible to remain enrolled in
the Districts plan during that period of eligibility. However, the retiree will be
eligible to be reinstated in the Districts plan whenever eligibility for coverage in
19

the other employer-provided health plan ceases. Coverage will be purchased at

the COBRA rate, unless the retiree qualifies for District-subsidized health care
coverage as addressed in paragraphs B and C, and will be the coverage that is
provided to the majority of the Districts active employees.

III.

B.

An employee with at least thirty (30) years of service in PSERS and at least
twenty-five (25) years of full-time credited service in the Middletown Area
School District at the time of his/her retirement and who has attained the age of
55; qualifies for normal, not disability retirement, with PSERS; and qualifies for,
receives, and continues to receive reimbursement of health care services from
PSERS, will be entitled to receive District-subsidized health care coverage,
including dental and vision coverage and health savings account funding that is
provided to the majority of active employees during each year that the coverage
is provided until such time as the retiree becomes eligible for Medicare or other
federally managed health care coverage or until the retiree is covered by
another employer-provided plan. If a retiree fails to qualify for Districtsubsidized health care coverage during a period of time when he/she is eligible
to be enrolled in another employer-provided health plan, the retiree may
resume qualification for District-subsidized health care coverage when eligibility
for the other employer-provided plan ceases.

C.

An employee who retires under this agreement and meets the requirements in
paragraph B shall pay $100 per month in cost sharing plus the amount of cost
sharing paid by active single-coverage professional employees up to a maximum
of an additional $100 per month toward the District-subsidized health care cost.
If the Commonwealth increases the maximum monthly health care
reimbursement for eligible school retirees from $100 per month to a higher
monthly amount, the monthly premium shall be immediately increased to that
new higher amount. The retiree will remain responsible to pay the amount of
cost sharing paid by active single-coverage professional employees up to a
maximum of $100 per month in addition to the reimbursement received from
the Commonwealth.

D.

Family members of the employee participating in the District health care

coverage upon retirement may enroll in the benefits at the time of the
employees retirement and will be responsible to pay the appropriate rate.

Accumulated Sick Leave Payment

A.

Upon retirement, a professional employee with ten (10) or more years of

service in the Middletown Area School District shall be reimbursed for unused
and accumulated sick leave in the amount of $50 per unused sick day.

B.

Compensation for accumulated sick leave shall not exceed $7,000 for the term
of this agreement.

C.

The District agrees to deposit all lump sum amounts, due the employee upon
retirement, into an established and authorized 403(b) tax sheltered account of
the employees choosing.

20

IV.

V.

Group Life Insurance

A.

The District shall provide at its expense a term life insurance policy upon the life
of each regularly employed full-time professional employee. The policy shall
have a $50,000 death benefit and each employee shall have the full authority to
designate beneficiaries thereof. The payment of any death benefit shall be
governed by the terms of the insurance contracts.

B.

For the term of this agreement, the District shall make available to each
regularly employed professional employee at said employees cost additional
life insurance at the prevailing group rate. Each employees bi-weekly premium
will be deducted from his/her paycheck. The amount of additional insurance
shall be designated by the employee subject to the provisions of the Districts
group policy and such additional requirements as may be imposed by the
insurer.

Leaves
A.

Personal Leave
Two (2) days of personal leave per school year shall be provided for all
professional employees. Said leave may be accumulated to a maximum of five
(5) days. All unused personal leave days past five (5) shall be added to the
employees accumulated sick leave.
Additionally, for the term of this agreement, employees who have more than
ten (10) years of credited service with the Pennsylvania Public School
Employees Retirement System (PSERS) shall be provided with one (1) additional
personal leave day per school year.
Employees will not be permitted to use personal leave during the first week of
instruction, or on any staff development day prior to the first day of school, or
during the last five (5) instructional days of the school year. The number of days
between the first staff development day and the first instructional day shall not
exceed more than seven (7) calendar days, exclusive of days required for room
preparation, without mutual agreement between the District and the
Association.
The foregoing restrictions notwithstanding, personal leave not to exceed three
(3) days during the first week of instruction, or on any staff development day
prior to the first day of school, or during the last five (5) instructional days of the
school year may be used for purposes of attending or participating in a major
event involving a member of the employees immediate family, the scheduling
of which is not within the discretion or control of the employee. A major
event is intended to include, by way of example and not limitation, weddings
and graduation or commencement activities. Immediate family shall be
defined as father, mother, brother, sister, son, daughter, husband, wife, parentin-law or near relative who resides in the same household, or any person with
whom the employee has made his home. Further, the District may restrict the
number of employees taking personal leave per day to ten percent (10%) of the
number of professional employees in each school building. A fraction of a
person shall be deemed one person for the purpose of this provision.
21

The foregoing restrictions shall not apply in the event that the personal leave is
used for the purpose of extending the length of the employees absence from
duty for reasons permitted by Section 1154 (b) and (c) of the Public School
Code, as amended.
B.

Association Leave
The Association shall be granted three (3) leave days per year to be used by
such member or members of the Association as it shall designate for the sole
purpose of conducting Association business at state and required PSEA
conventions and seminars.
The Association shall notify the District of the identity of the Association
member or members designated to use such leave and the date or dates of the
scheduled leave at least one week prior thereto.

C.

Jury / Legal Leave

Employees in the bargaining unit who are called to jury duty or who are
subpoenaed to give testimony as a witness before a legally established judicial
or administrative tribunal will be granted paid leave for such purpose in
accordance with Board policy.
During such leave the employee shall be considered as being in regular daily
attendance and shall suffer no loss of salary, benefits, etc. as a result of such
leave. During this leave the District will pay the employee his/her regular daily
salary. The employee shall submit to the District any fees paid received by the
court exclusive of reimbursement for mileage.

D.

Professional Development Leave

Employees in the bargaining unit shall upon request be granted one (1) year
leave of absence without pay for the purpose of engaging in a course of study at
an accredited college or university. Said course of study must be related to the
employees current professional responsibilities. Requests for such leave must
be submitted to the District by March 1 prior to the scheduled commencement
of the period of leave. No more than three (3) members of the bargaining unit
shall be granted such leave in any school year. Such leave shall coincide with
the academic year as set forth on the school calendar adopted by the District.
An employee on an approved unpaid study leave of absence may elect to
continue the health care coverage and life insurance coverage provided to full
time employees at his expense. Provided that the employee returns to full time
employment with District following the conclusion of the approved unpaid study
leave, the District will reimburse the employee for health insurance premiums
and life insurance premiums paid by the employee. Employees returning from
professional development leave may be assigned any position for which they
are certified.

22

E.

Sick Leave Bank

Purpose:
The Sick Leave Bank is for participating members of the bargaining unit who
have a long-term continuous absence necessitated by a serious illness, disability,
or accident of the employee.
Membership:
(1)

All members of the bargaining unit are eligible to become members of

the Sick Leave Bank through the voluntary and irrevocable donation of
three (3) days of accumulated sick leave to the Sick Leave Bank.

(2)

All days voluntarily contributed to the Bank belong to the Bank. There
shall be no voluntary contribution of accumulated personal sick leave in
excess of the three (3) days required for membership and days assessed
for utilization.

(3)

Any bargaining unit member joining the Bank who was eligible to join
previously, and did not, must contribute the initial three (3) days plus
any past assessment days contributed by members to the Bank (with
equivalent service) since the Banks inception.

Utilization:
When the Bank has been utilized twenty-five percent (25%), members will
contribute one (1) additional day.
Review Committee:
Use of days from the Sick Leave Bank shall be determined by a Review
Committee consisting of five (5) members:
(1)

One administrator appointed by the Superintendent

(2)

One member of the Board of Education

(3)

Three bargaining unit members appointed by the President of MAEA:

one member from each of the following areas - Elementary, Middle
School, and High School, the President of the Association, or his
designee, being one of the above.

Withdrawal Procedure:
(1)

Requests for use of days from the Sick Leave Bank by members shall be
made in writing to the Review Committee c/o the President of the
Association. The request must include the nature of the illness or
disability and a physicians statement certifying that the member is
unable to perform his normally required duties.

23

(2)

All accumulated sick leave and personal leave must be used before an
individual is eligible for any Sick Leave Bank days.

(3)

Approval of a request for withdrawal of days from the Sick Leave Bank
will be granted upon the vote of a majority of the members of the
Review Committee.

Distribution of Days from the Sick Leave Bank:

(1)

Seventy-five (75) days may be withdrawn from the Bank in a school year
by members of the Bank who have been approved by the Review
Committee. If a maximum of seventy-five (75) days is utilized by a
member, that member cannot request additional days for one (1)
calendar year after the date that the 75th day is used.

(2)

Use of days will be granted in fifteen (15) day intervals. Members must
re-apply every fifteen (15) days.

Accounting:

F.

(1)

The Association and the Business Office shall maintain a current Sick
Leave Bank membership roster, effective October 15, 1989, and
reviewed each October 15th thereafter.

(2)

All Sick Leave Bank members will be notified annually on their

Supplemental Contract of their membership.

(3)

No Employee shall be permitted to file a grievance against the School

District in connection with the operation of the Sick Leave Bank unless
that grievance is based upon an alleged failure of the District to pay the
Employee for sick leave from the Bank after approval has been received.

Extended Illness
Employees in the bargaining unit who have exhausted all available paid leave
and who are unable to work because of illness or injury shall be granted a leave
of absence without pay for the duration of such illness or injury or one (1) year
from the date the available paid leave was exhausted, whichever is shorter.
Employees returning from extended illness leave may be assigned any position
for which they are certified.

VI.

Tax Sheltered Annuity

The plan shall be available to all full-time professional employees of the District by
means of payroll deduction. An employee must establish an account with an approved
vendor and representative and submit a salary reduction agreement in order to begin
contributions into the plan. The amount of the contribution by the employee may be
changed or stopped by submitting a revised salary reduction agreement.

24

VII.

Additional Payroll Deductions

The additional payroll deductions listed below shall be available to employees as long as
there is sufficient participation in the deductions among all employees to not be cost
prohibitive. Should the District determine that there is insufficient participation
resulting in a deduction being cost prohibitive, the Association will be notified and
afforded an opportunity to discuss the proposed change.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.

United Way
PSEA Dues and Dues of the Bargaining Unit
Credit Union
Christmas Club
Vacation Club
Tax Sheltered Annuity Plan
Benefit Cost Sharing
Retirement Purchase of Service
One for the Kids
Additional Life Insurance
AFLAC Accident Insurance
AFLAC Cancer Insurance
Flexible Spending Account Dependent Care Costs
Additional Funding of Health Savings Account
Short-Term Disability Insurance
Long-Term Disability Insurance
Others as determined by the parties during the term of the agreement.

25

APPENDIX C
Hours of Work and Other Conditions of Employment
I.

Length of Contracted School Year

Professional employees shall work 190 days, except for those employees that work
extended contracts as detailed in Appendix A, Section I. As part of the total contracted
days, professional employees will be provided with one-half (1/2) day in the second
semester of each school year for the purpose of classroom preparation.

II.

Length of Work Day

The length of the work day for all professional employees shall not exceed seven and
one-half (7-1/2) hours inclusive of a thirty (30) minute duty-free lunch period.

III.

Planning and Preparation Time

Each member of the bargaining unit with instructional responsibilities will be provided
160 minutes of planning and preparation time per four (4) day cycle at the elementary
and high school levels and 240 minutes of planning and preparation time per six (6) day
cycle at the middle school level. Planning and preparation time will be scheduled in
blocks that are consistent with class periods. Planning and preparation time includes
such items as time for writing lesson plans; making parent phone calls; post-observation
conferences; grade level, subject matter and other common planning meetings; and
teacher initiated parent meetings. IEP meetings, District initiative trainings, and/or
principal initiated meetings may be scheduled during the employees planning and
preparation time with the agreement of the affected employee.
When a member of the bargaining unit is not afforded with planning and preparation
time, the member of the bargaining unit will be compensated for all lost minutes within
the cycle at the rate for extra work. On those days when the regular schedule is not
followed and this causes the elimination of the planning and preparation time, then any
scheduled planning time for that day will be lost.

IV.

District Provided Facilities

The District will provide lunchroom, restroom, lounge and lavatory facilities for
employee use.

V.

Medical Examinations
All medical examinations and tests related to the application process shall be paid by
the applicant.

VI.

Access to Buildings
The President of the Association shall be allowed to visit schools, before and after
school, and at other times as approved by the Superintendent to investigate working
conditions, professional employee complaints or problems, or for other purposes
relating to Association affairs. If the President desires a conference with the Principal,
he will attempt to provide a twenty-four (24) hour advance notice of his visit.

26

VII.

VIII.

Access to Personnel Files

A.

Employees shall have the right, upon request, to review the contents of their
personnel file and to receive copies of any documents contained therein.
Employees shall be entitled to have a representative of the Association
accompany them during such review.

B.

Professional employees shall have the right to submit a written reply to any
material placed in their file and such written material shall be attached to the
item in the file. No unsigned or improperly identified item shall be placed in an
employees file.

C.

The examination of a professional employees file shall be limited to qualified

professional supervisory personnel.

D.

No material critical of the employee or his performance shall be placed in an

employees file without prior, written notice to the employee including a copy
of the material to be placed in the file.

Notification of Intent to Retire

A.

Professional employees who intend to retire in a given year of this agreement

must provide written notice of their intent to retire at least sixty (60) days prior
to the intended day of retirement unless a successor Professional Negotiations
Agreement has not been reached and the professional employees provide
notice of their possible intent to retire at the end of the final year of the
agreement on or before June 1 of that year and subsequently provide
irrevocable notice of retirement within thirty (30) days of their notice of intent.

B.

A retirement incentive will be provided to professional employees that qualify

for the accumulated sick leave payment who provide irrevocable notice of
retirement on or before January 31 of the retirement year or within thirty (30)
days of providing intent to retire in accordance with paragraph A. The amount
of the incentive will be $50 for all unused and accumulated sick days not already
compensated in Section III of this Appendix if irrevocable notice of retirement is
provided on or before January 31 of the retirement year and shall not exceed
$8,000 ($15,000 in total when combined with accumulated sick leave payment).
The amount of the incentive will be $40 for all unused and accumulated sick
days not already compensated in Section III of this Appendix if irrevocable
notice of retirement is provided after January 31 of the retirement year, but
within thirty (30) days of providing a notice of intent in accordance with
paragraph A and shall not exceed $6,400 ($13,400 in total when combined with
accumulated sick leave payment). The provision for a retirement incentive for
irrevocable notice of retirement after January 31 of the retirement year only
applies to the final year of the Professional Negotiations Agreement. This
incentive will be deposited into a 403(b) account on behalf of the employee.

27

IX.

Long-Term Substitutes
A.

Long-term substitutes working for the entire school year will be paid Bachelors,
Step 1 on the MAEA salary schedule beginning with the first day of the
assignment and receive the benefits (except tuition reimbursement) included in
the MAEA agreement. If the long-term substitute is subsequently employed as
a temporary professional employee in the following school year, he/she will be
granted one (1) year of service credit for each consecutive year of service in this
category and will be placed on the salary schedule at the same step as other
professional employees with equal years of service.
Long-term substitutes in this category are required to participate in an induction
program and attend all in-service and monthly meetings as part of their salary.

B.

Long-term substitutes working less than the school year, but forty-five (45) days
or more in the same position will be paid a daily rate of $175 beginning with the
first day of the assignment with no benefits or leave accrual.
Long-term substitutes in this category will participate in all in-service and
monthly meetings that occur during the term of their assignment with no
additional compensation beyond the daily rate.

C.

Long-term substitutes working less than the school year, but scheduled to work
more than twenty (20) days and less than forty-five (45) days in the same
position will be paid a daily rate of $125 beginning with the first day of the
assignment with no benefits or leave accrual.
Long-term substitutes in this category will not participate in in-service and
monthly meetings that occur during the term of their assignment with no
additional compensation beyond the daily rate, unless otherwise directed by the
Superintendent.

28

APPENDIX D
Meet and Discuss Items
The parties agree that a committee shall be constituted to analyze, discuss and work toward
solutions acceptable to the District and Association with regard to common concerns including,
but not limited to the following items:

Teacher and School Work Year

Teacher Hours
Teacher Load
Teaching Conditions
Class Size
Rights of Professional Employees
Rights of the Association
Non-Teaching Duties
Professional Qualifications and Assignments
Vacancies and Transfers
Employee Evaluation
Illness and Disability
Health Insurance Cost Resulting in the Application of Section 9001 of the Patient
Protection and Affordable Care Act and Education Reconciliation Act
(collectively referred to as the Affordable Care Act)
Temporary Leaves of Absence
Professional Development and Educational Improvement
Sabbatical Leaves and Substitutes
Protection of Teachers, Students and Property
Maintenance of Classroom Control and Discipline
Personal and Academic Freedom
Curriculum Development
Progressive Discipline Policy
Pay Scales, Duties, Responsibilities of the following:
o
Extracurricular Activities (sports)
o
Department Heads
o
Intramural Sports
o
Clubs
o
Class Advisors
o
Emergency and Disaster Administrative Plan MASD; Annex A
Radiological Emergency Response Plan for the Middletown Area School
District for Incidents at the Three Mile Island Nuclear Station

In the event solutions are found which are acceptable to both parties, the District agrees that
said solutions will be considered by the Board of School Directors, and if adopted will be
included in the Board Policy Book under the section so titled.
It is the intent of the parties in this Appendix that they will act in good faith and solutions agreed
upon by both parties will be implemented and adopted, either after a reasonable trial period or
immediately if no trial period is deemed necessary by the parties, at the Board meeting next
following the solution if immediately adopted and/or next following the trial period, if used.

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It is the further intent of the parties in this Appendix that the making or changing of Board Policy
is a right reserved to the Board and this action is not intended as a limitation thereof. However,
it is intended hereby that the full resources of the Board and the Professional Personnel of the
District be brought to bear on these mutual concerns.
The committee shall be composed of Association representatives, Superintendent of Schools,
and appropriate Administrative personnel. The parties may request the presence of a member
of the Board of Education as deemed appropriate to do so. The committee will meet
periodically during the school year as the need arises.

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APPENDIX E
Grievance Procedure
The parties to this agreement agree that an orderly and expeditious resolution of grievances
arising out of the interpretation of this agreement shall provide for a three (3) or four (4) step
process as described in the following paragraphs.
A.

Step I: The person or persons initiating the alleged grievance shall present the
grievance, in writing, and on a form jointly approved by the District and the
Association, to the building principal or other first level supervisor within ten
(10) working days after its occurrence.
The building principal or other first level supervisor shall, if requested, or if he
deems necessary, conduct a conference with the parties affected within five (5)
working days after initial presentation of the grievance. Any person or persons
involved who are members of the bargaining unit shall have the right to
representation by the Association.
The building principal or other first level supervisor shall send his reply to the
grievance in writing to the parties affected within ten (10) working days after
the initial presentation of the grievance.

B.

Step II: If the action in Step I above fails to resolve the grievance to the
satisfaction of the affected parties, within five (5) working days after receipt of
the Step I decision, the matter will be referred in the same manner to the
Superintendent. The Superintendent shall follow the same procedures as in
Step I in an attempt to resolve the grievance.

C.

Step III: If the action in Step II fails to resolve the grievance to the satisfaction of
the affected parties, the grievance shall be referred to the Board of Education at
its next regularly scheduled meeting at which time all parties affected shall have
the opportunity to be heard.
The Board of Education shall present its reply to the parties affected at or
before its next regularly scheduled meeting.

D.

Step IV: If the action in Step III fails to resolve the grievance to the satisfaction
of the affected parties, within thirty (30) working days, the Association may
refer the grievance to binding arbitration as provided in Section 903 of the Act.
If the grievance fails to meet the criteria of Section 903 of the Act, the decision
of the Board of Education in Step III shall be final.
Notwithstanding the foregoing, the parties may, by agreement, place initial
consideration of a grievance at any of the identified steps, or at the step at
which authority to respond exists, so as to facilitate the expeditious review of
and action upon such grievance.

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