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Article 5 – General Employment Practices

Article 5 – General Employment Practices

5.01 – Contract Status and Reappointment

  1. Probation: All employees shall be on probationary status for a period of twelve (12) calendar months from the date of initial employment. The employee shall be credited with work experience upon verification. Any recommendation for annual appointment must include the supervisor’s written assessment of the employee in accordance with Article 8.02.
  2. Recommendation for Non-Reappointment: During the first two (2) years of employment the District may choose not to renew an employee’s contract at the end of the employee’s contractual year regardless of performance. After two (2) years of successful employment, no employee’s contract shall be non-renewed. An employee on probationary status may be dismissed without cause or may resign without their resignation constituting a breach of contract. 
    1. Notification: An employee who is being considered for non-reappointment shall receive written notice from the supervisor by May 10.
      1. Employees Under Investigation: Employees with school or site based disciplinary investigations pending on or after May 10, who have not yet received notice of their reappointment status, will receive notice of their reappointment status after the completion of the investigation and a pre-determination conference. The only due process required under this article is a pre-determination conference. The decision to non19 reappoint is final and is not subject to arbitration or administrative appeal. Supervisors will notify applicable employees on May 10 that their reappointment status will be provided after the completion of the investigation and predetermination conference.
    2. Appeal: Upon written request, the employee shall be granted a conference with the Superintendent for the purpose of reviewing the Supervisor’s recommendation not to renew the employee’s contract. The employee must request the conference within five (5) work days after receiving notification from their supervisor that non-renewal is being recommended. The Superintendent shall conduct the conference within ten (10) working days of the employee’s request.
    3. Final Disposition: The decision of the Superintendent shall be in writing and shall be furnished to the employee within ten (10) work days after the conference. The decision is final and not subject to the grievance procedure unless it is arbitrary or capricious.

5.02 – Seniority: Seniority is the length of continuous service with the Board as a full-time or part-time employee. Any tie in seniority shall be decided by the Superintendent.

  1. Loss of Seniority: Employees lose their seniority as a result of the following:
    1. Termination;
    2. Retirement;
    3. Resignation;
    4. Layoff exceeding two (2) years;
    5. Unexcused absence for more than three (3) consecutive work days;
    6. Failure to report to Human Resources an intention to return to work within ten (10) calendar days of receipt of recall by certified mail with restrictive delivery;
    7. Failure to report from military leave within the time limits prescribed.
  2. Seniority List: The Superintendent agrees to provide the President of the Association a current seniority list by March 1 of each year and prior to any reduction-in-force. The seniority list shall include only position titles listed in the salary schedule in Appendix C of this Agreement.
  3. Seniority of Transportation Employees:
    1. Bus Operators: The operator seniority list dated August 31, 2000, shall be retained for the purposes of future bidding. Contract employees hired after August 31, 2000 will be added as follows:
      1. Regular Bus Operator: The most recent date that the operator goes to work as a regular or Unassigned Regular (UAR) employee shall be the seniority date. The drawing of lots in the presence of union representatives will break ties in seniority.
      2. Substitute Bus Operator: Substitute bus operators trained but not assigned shall have as their seniority date the date that the employee accepts the sub-operator’s contract. They shall be assigned as vacancies occur. If the bus operator elects to reject the appointment to a regular position, they will not be offered another appointment until such time as all others on the list have been given one opportunity to accept a regular appointment.
      3. Transportation Employees: Transportation Department employees who become trained as bus operators will move to the top of the substitute list.
      4. ESE Status: Drivers who qualify for Exceptional Student Education (ESE) routes shall be identified as such with the letter “S” following their seniority numbers.
      5. Current Employees: Current employees who are not employed as bus operators in the Transportation Department may be transferred to the Transportation Department without serving as a substitute, if they meet all other eligibility requirements and a vacancy exists. An eligible transferred employee’s seniority date shall be the date of the personnel action form (PAF) which reflects the Transportation Department’s recommendation for transfer to the Superintendent.
      6. Rehires: An operator who is rehired must meet all eligibility requirements, and accept reappointment as an UAR bus operator.
    2. Bus Attendants and Bus Monitors: The date of the initial appointment as a regular bus attendant or bus monitor shall be the same as the bus attendant or bus monitor seniority date. Substitute bus attendants’ or bus monitors’ seniority will be determined in the same manner as substitute bus operators. Bus attendants and bus monitors will be on separate seniority lists by classification for purposes of bidding. For Summer School bidding, Monitors trained as ESE attendants will be combined with the attendant’s seniority list.
      1. Rehires: A bus attendant or bus monitor who is rehired must meet all eligibility requirements and accept reappointment as a substitute.
      2. Current Employees: Current employees who are not employed as bus attendants or bus monitors and who apply and are recommended may be appointed to that position without serving as a substitute if they meet all other eligibility requirements.
    3. Department Seniority: The Transportation Labor/Management Committee has approved the use of a department seniority date for bidding purposes, in order to hold harmless employees who have moved from one position to another within Transportation without a break in service or exiting the department.

5.03– Transfer:

  1. Voluntary:
    1. Request: Each employee may request a transfer by contacting the supervisor or principal at the site in which a vacancy exists and request an interview.
    2. Seniority: When two (2) or more employees apply for the same position, the employee with the most in-county seniority will be given first consideration.
    3. Notice: All transfer applicants granted interviews shall be notified in writing by the principal or supervisor of their decision.
    4. Conflicts:
      1. Administrator Agreement: When an employee has been offered a new position which will involve a voluntary transfer or promotion to another school or site, the two (2) site administrators must reach agreement on the transfer within one week from the date of acceptance.
      2. Superintendent Approval: If the two (2) site administrators do not agree to a voluntary transfer decision, then an appeal can be made to the Superintendent for a final decision regarding the transfer disposition.
      3. Retention of Right: The employee offered the new position retains a right to that position during the period of transfer disposition resolution.
  2. Involuntary: Involuntary transfers may occur in response to financial needs, student needs, discipline, resolution of work place civility concerns, and conflicts of interest.
    1. Correct and Proper Operation: Transfers shall be made on a voluntary basis, whenever possible; however, correct and proper operation of the school district will necessarily require that involuntary transfers be made.
    2. Financial or Student Need: Involuntary transfers may be made in the event of a school closing.  Involuntary transfers may be made to achieve a reduction in the number of employees assigned to a school. Subject to job requirements and student needs, employees selected for involuntary transfers shall be those with the least District seniority.
    3. Criteria: The Board shall determine the criteria for the selection of employees to be involuntarily transferred. Such criteria shall be applied uniformly throughout the District.
    4. Notice:
      1. Association: Prior to notices of involuntary transfers, SPALC will be notified and given the opportunity to work out the timelines and guidelines for accomplishing the involuntary transfer process and surplus.
      2. Employee: An employee selected for an involuntary transfer shall be given the reason for such transfer and the opportunity to object to their supervisor about such transfer. If requested by the employee, the reason shall be given in writing.
    5. Training: Prior to an involuntary transfer, employees with seniority may be provided an opportunity to receive training for a similar position if available at their current work site. The training must occur during a natural break in the employee’s work schedule (i.e. summer break) and not affect the efficient operation of the work site and/or the District. The employee will participate voluntarily in the training and will not be provided pay and/or benefits for the time spent in training. If, at the conclusion of the training, management determines that the employee will not be capable of performing the functions of the new position the employee will be involuntarily transferred to a new location. Training will not be implemented solely due to an involuntary transfer and must already be available as a part of the District’s normal or scheduled Professional Development offerings.
    6. Surplus Process:
      1. Voluntary: Prior to determining involuntary transfers, employees shall be given an opportunity to volunteer.
      2. Order: A list of employees to be involuntarily transferred will be compiled by Human Resources. Vacancy information shall be provided to these employees.
      3. Preference: Thereafter, employees shall indicate the positions, in order of preference, which they desire.
      4. Seniority: After consideration of job requirements and student needs, employees who have the highest seniority shall be placed first.
      5. Job Classification: No new employee shall be hired in a job classification until all employees in that classification have been placed.
      6. Employee Refusal: Should an employee refuse to accept an assignment substantially equal to their current assignment, said refusal shall constitute a resignation by the employee.
  3. Reassignment: A reassignment of duties at the same school or site is not a transfer

5.04 –Reduction in Force: The Board will determine the classification by departments and schools to be reduced. The Board will notify the Association in advance of any reduction-in-force or reduction in hours action. Employees will be laid off or reduced in hours in the inverse order of their seniority in the District. Employees who are laid off, surplused, or reduced in hours may fill a vacant position, if qualified.

  1. Recall:
    1. Time Limit: Employees in layoff or reduced in hours status will retain recall rights for two (2) years and shall have preference over applicants.
    2. Notice: Recall will be made by certified mail with restrictive delivery to the last address in the employee’s records.
    3. Failure to Respond: Within ten (10) calendar days after receiving notice, laid off or reduced employees must respond to Human Resources. Failure to respond shall constitute a resignation by the employee.
    4. Exception: Recall will be offered to laid off or reduced employees if they are qualified to perform the job. A laid off or reduced employee, when offered recall, who is temporarily unable to return due to medical reasons certified by a licensed medical provider, may request an extension of recall.
    5. Seniority: Employees with the greatest seniority in that classification shall be recalled first.

5.04 –Assignment of Duties:

  1. Job Description: The District will prepare, review, revise, and maintain job descriptions for those jobs in the bargaining unit as it deems necessary. Human Resources will provide the Association copies of new or revised job descriptions through the SPALC Labor/Management Committee and afford the Association an adequate opportunity to review and provide written feedback prior to implementation. The role of the Association in this regard will be advisory in nature. All job descriptions shall be posted on the Human Resources section of the District website. The job descriptions shall list the required qualifications as completely as possible. Every job duty in a job description need not always be specifically described, and any omission does not preclude the required performance of all duties that are job related.
    1. Regular Review:The District agrees to review job descriptions to ensure that an accurate reflection of performance expectations is maintained. The SPALC Labor / Management Committee will review proposed changes in job descriptions prior to placement of these proposed changes on the Board agenda. The SPALC Labor / Management Committee will recommend job groups for consideration in the establishment of career advancement paths.
    2. Request for Review:An employee may request a formal review of their job description if the employee believes the current duties as assigned do not match the job description. Requests for review shall be made in writing and submitted to the SPALC Labor/Management Committee.
    3. Supervisor Directives:Nothing in a job description shall be construed that any employee has the right to refuse to follow instructions.
    4. Instructional Supplements: Instructional supplement positions will not conflict with an employee’s primary job duties, work schedule, or hours.
  2. Temporary Reassignment:If an employee is assigned to perform all the essential functions and duties of a position in a pay grade higher than the employee’s regular pay grade the employee shall be paid at the higher pay grade. Any suspected abuse of the temporary assignment article or unfair assignment of opportunities for short term assignment practices will be referred to the SPALC Labor / Management Committee.
    1. Mileage: If an employee is asked by a supervisor to leave the work site on District business, using their personal vehicle, the Board shall reimburse the employee for actual mileage and furnish liability insurance coverage as provided by the District’s self-insurance plan. No employee shall be required to use their personal vehicle for District business.
  3. Temporary Duty:Upon the approval of the supervisor, an employee may be assigned to be temporarily away from their regular duties and/or place of employment for the purpose of performing other job-related services, including but not limited to participation in surveys, professional meetings, study courses, workshops, professional organization meetings and similar services of direct and long-term benefit to the work group.
    1. Training Opportunities:Employees will be given an opportunity for training in job advancement skills.
  4. Substitutes: If an employee is on an approved leave of absence, and no substitute is utilized, no additional duties shall be distributed to other employees unless comparable duties are specified by the principal, supervisor or designee as duties not to be completed.
  5. Interns: Interns may be identified as needed for the efficient operation of the school system and to provide advancement opportunities for employees. At the end of the internship, employees not promoted to positions in which the internship was served shall be returned to a position comparable to the position held prior to serving the internship.
  6. Satellite Work Sites:In departments where zones, regions or satellite work sites are established, employee preferences by seniority will be considered. The Superintendent reserves the right to assign employees as needed. Bidding procedures shall be established through labor / management meetings in each department affected.
  7. Subcontracting:The District agrees to utilize subcontractors only for a specific need or in case of an emergency.
  8. Assignment of Duties for Transportation Employees:
    1. Route/Time/Mileage (RTM) Report:A copy of the route, time and mileage sheets shall be given to the attendant/monitor anytime one is submitted to the driver of their bus.
    2. Field Trips: 
      1. Trip Eligibility:
        1. Sign-Up:To be eligible for Field Trips an employee must notify the Transportation Department in writing on the form provided by the District, prior to the first day of school of their availability for Field Trips. Employees who become eligible or request assignments or reinstatement after the first day of school, shall be added to the end of the list.
        2. Out-of-County Trips:To be eligible for out-of-county trips, employees must complete one full calendar year of employment as a bus operator, attendant or a monitor to work field trips. When requested by the employee in writing, time worked in excess of one-half year or five (5) months as a substitute will be counted toward eligibility.
        3. Removal from List:
          1. Written Request:Upon written request by the employee to the Transportation Department, an employee’s name be withdrawn from the list of field trip eligible employees. When an employee withdraws their name from the trip list, they may not resume trip eligibility for three (3) months and then only upon written request.
          2. Third Rejection:Employees shall be removed from the trip roster for the remainder of the school year after the third rejection of a field trip within a single school year.
          3. Failure to Appear:If an employee fails to appear for a scheduled trip without providing notice 24 hours prior to the trip, the employee may be removed from the trip roster for the remainder of the school year and be subject to further discipline.
          4. Student Abandonment:If an employee abandons students while on a trip, the employee shall be removed from the trip roster and be subject to disciplinary action up to and including termination.
      2. Trip Assignment:Trips will be assigned on the basis of seniority, parking location, and availability as listed below.
        1. Types: Field trips will be classified into three (3) categories: “Hurricanes/Other Emergencies”, “Short Notice Trips”, and “All Other Trips”.
        2. Procedure:The procedure for assignment shall be as follows:
          1. Employee Availability:Employee availability is defined as follows:
            1. Normally Assigned Route:Trip assignment to an eligible employee would not jeopardize the on-time arrival of the employee’s normally assigned bus route as determined by the Executive Director of Transportation or designee.
            2. Trip Arrival/Departure:Trip assignment to an eligible employee would not jeopardize the on-time arrival and departure time of the assigned field trip bus as determined by the Executive Director of Transportation or designee.
          2. Missed Trip:If an employee elects to reject an assignment, they will be passed over until their name comes up again in rotation. Any employee who misses an assigned trip or fails to decline a trip within 24 hours from notification of assignment will miss not only that turn, but their next turn.
          3. The Process: The trip assignment process (the “Process”) shall be performed in the employee lounge on Monday(s). The Process shall be open to employees for observation as an audience member; however, no questions are permitted during the Process to ensure its proficiency. Questions should be provided to the representative and/or supervisor before the Process commences.
          4. Trip personnel and managementare to provide updates to the assigned SPALC designee, along with the changes from the prior week’s assignment to ensure all parties are on the same page.
          5. Trips shall be assigned according to availabilityand seniority in busHIVE to post for employees to pick up on Wednesday by 10:00 am. Any trip not picked up by Friday at 10:30 am of the week after the trip list is posted in the lounge will be reassigned and treated as a decline in the rotation.
          6. Any trip that is not accepted within the first 24- hour periodwill be considered declined and the employee assigned the trip will be skipped in the next rotation. Once an employee has accumulated three (3) declined trips, the employee shall be removed from the trip list. The employee will be informed of removal from the trip list via email for notification and documentation purposes.
          7. Trip Cancellation:Assigned trips that are canceled shall be governed as provided below:
            1. If an assigned trip is canceled on the day of the field trip, the employee assigned to the field trip shall be compensated two (2) work hours for the inconvenience and receive a replacement trip.
            2. If an assigned trip is canceled before the day of the field trip, the employee assigned to the field trip will be notified and provided with a replacement trip within that rotation.
          8. Field Trip Absences:
            1. Field trips missed by an employee due to an authorized absence will not cause the employee to miss their turn. That employee will be offered the next available field trip; however, no employee will be allowed to bank trips.
            2. An employee absent on the day before an assigned trip must provide the supervisor with notice of their ability to cover the assigned trip no later than 7:00 pm the day before; otherwise, the trip will be reassigned.
          9. Employees assisting with daily coveragewill not be skipped in the rotation or assignment when trips are being assigned.
          10. Hurricanes/Other Emergencies:Assignments out of rotation for “Hurricanes/Other Emergencies” will be made in compliance with the above, unless approved by the Executive Director of Transportation.
          11. Weekend or Remote Location:Weekend or remote location trips, up to four hours per day, may be assigned to the same employee. These trips shall be counted as one trip.
      3. Shuttling: While on field trips, employees may be required to shuttle between schools. Rest periods will be as the field trip schedule permits. After four (4) continuous hours of shuttling, the employee will be entitled to a thirty (30) minute rest period. If an employee is not available at the needed time for a trip, another employee can be asked to shuttle part or all of the trip.
    3. Bus Operator Shortage:Field trips will not be assigned by the Transportation Department to other employees or to outside vendors unless one or more of the following conditions apply:
      1. Funding: Funding source for field trip is outside the state funded district operational budget (e.g. internal funds, donations, cooperative organization funds).
      2. Field Trip:Field trip destination is outside the nine-county internal field trip zone of Collier, Charlotte, Desoto, Hendry, Hillsborough, Lee, Manatee, Pinellas, and Sarasota County.
      3. Employee Availability: Bus employee is unavailable. Bus employee availability is defined as follows:
        1. Normally Assigned Route:Trip assignment to an eligible employee would not jeopardize the on-time arrival of the employee’s normally assigned bus route as determined by the Zone Director of Transportation or designee.
        2. Trip Arrival/Departure:Trip assignment to an eligible employee would not jeopardize the on-time arrival and departure time of the assigned field trip bus as determined by the Director of Transportation or designee.
      4. Outside Vendors:If any of the above conditions apply, the District reserves the right to utilize other employees or outside vendors for field trips. Bus employees assigned to an out-of- county trip canceled one week or less prior to the day of the trip, due to the use of an outside vendor, shall be compensated for two (2) hours and shall be placed at the top of the trip list.
    4. Bus Attendant Shortage:A shortage of bus attendants shall be resolved in the following manner:
      1. Priority Order:A priority order for the assignment of bus attendants shall be established with input from the ESE Department. Students requiring bus attendants in their IEP will be served first.
      2. Bus Monitors:Bus monitors shall be assigned as bus attendants when necessary.
      3. Other Transportation Employees:Other Transportation employees may be assigned as bus attendants in an emergency.
      4. Emergency Plan:An emergency plan will be developed to allow students on buses without bus attendants to be picked up by other buses.
      5. Parent Phone Call:Parents will be called by the Transportation Department and be given the option of driving their own children if a bus attendant is required on their child’s IEP and no bus attendant is available.
      6. Wheelchairs:Wheelchair buses may be scheduled late if no bus attendant is available.
      7. School-based Support Staff:Classroom assistants and helping teachers will not replace bus attendants or bus monitors on buses.
    5. Route and Zone Bidding:
      1. Regular School Year Routes:Route bidding for all regular school year routes shall occur annually no earlier than one week prior to preschool and no later than the last day of the preschool training period. Only regular bus operators have the right to bid on any regular route and the designated parking area of a route may not be changed. Special education routes will be offered to operators and attendants who qualify by experience or training as determined by the Transportation Department. Bus Monitors and Bus Attendants have the right to bid on zones during the regular school year.
      2. Route Posting:Descriptions of all routes will be posted at a designated location at least forty (40) work hours prior to the beginning of the bidding procedure.
      3. Route Listings:
        1. Assigned Duties:Routes shall be listed by:
          1. Estimated Route Time:Estimated route time (Up to a maximum of 8 hours per day. If there is a possibility of scheduled overtime, more than 40 hours per week, it will be noted on the bid sheet).
          2. Bus Information:Bus number and type of bus.
          3. Bus Location:Bus parking locations as determined by Transportation Department Administration.
          4. School Information:Schools served.
          5. Route Start and End Time: Approximate beginning and ending time.
          6. ESE Status:Special education.
        2. Additional Assigned Duties:Routes will include any permanently assigned standby time, intramural runs, activity runs, route preparation, swim team runs, discipline runs and any other additional duties permanently assigned.
      4. Personal Transportation:All employees must furnish their own transportation to the original bus departure point.
      5. Bidding Process:Employees will receive written notification of their assigned seniority number, along with the time and date to select their routes. Employees who do not appear during their assigned time may select a route at the end of the specified time block during which they appear. Any employee who does not appear will be assigned an available route at the conclusion of the bidding process.
      6. Proxy Bidding:An employee who is unable to attend the route bidding on the specified day or time may execute a proxy. The proxy must be presented at the employee’s assigned time and place for bidding.
      7. Master List:As routes are filled during the bidding, the name of the employee who elects the route will be placed on the master list, so that employees who have yet to bid will know which routes are available.
      8. Vacant Routes:Routes that are created or become vacant after all bidding is completed shall be filled in the following order:
        1. Unbundling Routes:“Unbundling,” if possible, those routes (by school – not by stop) and redistributing the schools to other drivers based on availability and seniority. If the route in question is an ESE route, the bus attendant will retain their initial RTM (route/time/mileage).
        2. Splitting Routes:When a route is split, the senior employee is given first choice between the two new routes created.
        3. Rebidding Routes:Rebidding vacancies as they occur if the RTM is greater than or equal to the guaranteed minimum hours. Assign remaining openings from the substitute list, if less than the guaranteed minimum hours.
        4. Eliminating Routes:When a bus route is eliminated, the bus employee will become an UAR operator or an unassigned attendant until they bid an available route.
      9. Rebidding Process: All applicable requirements of Article 5.05(9) apply during the rebidding process. The rebidding process shall be as follows:
        1. Route Posting:Descriptions of all routes to be rebid will be posted at a designated location at least forty (40) work hours prior to the beginning of the rebidding process.
        2. Rebidding Location:The designated location of the rebidding process will be posted with the route descriptions to be rebid.
        3. Proxy Bidding:The employee or proxy must be present to participate in the rebidding procedure.
        4. Employee Responsibilities: Employees must sign bids and cannot decline a route once they have submitted a bid.
        5. Management Responsibilities: Representatives from Transportation management, the department responsible for safety, and the Support Personnel Association of Lee County shall be present during the rebidding process.
        6. Vacant Routes: Routes of employees on long term leave (more than 6 calendar weeks) route will be bid as vacant. When the employee returns to work, they will be an UAR until they bid on another available route.
      10. Route Adjustments: Bus routes shall be bid as posted. Routes may be adjusted and buses may be reassigned by Transportation administration or designee after bidding is completed. Paid Route Time and Mileage (RTM) reduced during the first two pay periods of the student year will not take effect until the third pay period. Thereafter, reductions in paid time will only occur on the basis of every other pay period. If there is a necessary reduction in the RTM, (in between the actionable pay periods), the reduced time will be made up by the employee serving standby time to perform transportation-related duties. If the bus employee chooses to waive the standby time the reduction in paid time will take place immediately.
      11. Permanent Route Change: When the supervisor determines that a permanent route change is necessary, the bus employee(s) affected shall be consulted about the reasons for the change, the new route and the pupil bus load before the change is made. Due to the large number of changes during the first 15 days of school or under other emergency circumstances, such consultation with the employee(s) may not be possible. The supervisor shall then consider the employee’s input and shall thereafter notify the employee the day a change is confirmed.
      12. Summer School Routes: Summer School Bidding shall follow the same rules as regular bidding. Summer school route bidding will take place no earlier than two weeks prior to the first day of summer school and no later than two days prior to the first day of summer school. It will be held in an air-conditioned space. Last minute changes in routes shall be posted prominently where all can see before bidding. There will be no supervisor influencing operators in the choice of routes. The rules of bidding shall be a topic of the April Transportation Labor/Management Meeting.
        1. Bus Attendants and Bus Monitors: Bus attendants and bus monitors have a right to bid on summer routes if they are trained as ESE attendants.
        2. Failure to Complete Summer School: Employees who accept a summer run and fail to complete their commitment to the School District will be ineligible for the following year’s summer school bidding.
        3. Bidding Process: Bus employees assigned who work during the regular school year immediately preceding summer school, shall bid on summer routes prior to transfer or new employees.
        4. Sick Leave: Sick leave shall be utilized as per Article 12.02. Within 30 days of the end of summer school, employees ineligible for the next summer school bidding will be notified. These employees will have thirty (30) days to appeal their eligibility status with the Transportation administration.
    6. Light Duty: Transportation employees placed on light duty may be assigned to other duties to include gate duty where appropriate.

Assistance: Transportation employees may request or be assigned additional training, ask clarifying questions or seek assistance with routing concerns and/or student discipline (route/stop adjustments) without fear of negative repercussions.

5.06 – Employment Opportunities: Job openings and new positions shall be filled as herein provided.

  1. Advertising Vacancies: A list of job openings shall be provided to Association representatives at each work site upon request. Job openings shall also be posted on the District website for five (5) consecutive work days prior to filling the position. Posted job openings shall include the beginning hourly rate.
  2. Filling Vacancies: When job vacancies occur, the applicant whose qualifications, seniority, work experience and interview responses are superior, shall be offered the position.
  3. Job Specific Skills: Any job specific skills, knowledge, abilities and qualifications in addition to the approved job description expected of applicants shall be determined prior to considering any applicants for a vacancy. Additional skills, knowledge, abilities and qualifications shall not be to the extent that it would create a new job classification or be equivalent to an existing job classification and job description.
    1. Notice to Employees: Employees shall be informed about practices, policies and procedures relating to filling of vacancies.
    2. Association Participation Request: SPALC may request to have a member participate in the process used to fill vacancies; however, management is under no obligation to permit the participation of the SPALC member.
    3. Pre-Employment Testing: SPALC shall be involved in the selection of tests, assessment tools and scoring guides used in the selection process. If tests are used, applicants shall be informed of any tests and the process that will be used prior to the interview. Training shall be provided to employees about the process to be used and the skills necessary for each job.
  4. First Consideration: Current employees of the District who apply shall be given first consideration prior to other applicants.
    1. Seniority: If the Superintendent determines that two or more current employee applicants are equally qualified, the employee applicant with the most in-district experience will be offered the position.
    2. Substitute/Temporary Employees: Persons who have been hired as substitute/temporary employees and have worked successfully for six (6) months or longer shall be considered at the same time as current employees when vacancies occur. No temporary appointment shall become permanent unless it has been advertised in accordance with Article 5.06(1).
    3. Change in Shift: When it is necessary to transfer an employee from or to a day or evening schedule, the supervisor shall, among other job-related considerations, recognize the seniority of the employee. When a position becomes vacant and creates an opportunity for a change in work schedule/shift, notice of the vacancy will be posted in a prominent location at the site or school. Employees in the vacant job classification are responsible for notifying their supervisor of their interest in the vacant position. Supervisors shall, among other job considerations, recognize the seniority of employees requesting to be moved to the vacant position.
    4. Notice: Applicants shall receive timely notice of the hiring decision. If an unsuccessful employee applicant makes a written request to the supervisor responsible for the selection process within ten (10) working days of their interview appointment, the supervisor will schedule a conference within ten (10) days of receipt of the written request to discuss their application and possible changes to enhance the employee’s opportunity for future promotion.
  5. Summer School Vacancies: Summer school vacancies will be posted and filled in accordance with Article 5.06 and are subject to job requirements and student needs. The District agrees to meet and consult with SPALC representatives regarding the development of the Summer School handbook as it relates to employment of SPALC members for summer school. Decisions regarding the development of the Summer School handbook as related to filling summer school vacancies will be made in a collaborative manner when possible.

5.07 – Americans with Disabilities Act: Any employee that believes that they have a disability under the ADA may apply for a reasonable accommodation if the employee deems such an accommodation necessary. The request will be reviewed pursuant to the District’s ADA review process. The District’s application of the ADA review process shall be the sole issue under this article subject to the grievance procedures as outlined in Article 4 of this agreement. The decision and/or outcome of the employee’s application or request shall not be the subject of a grievance as outlined in Article 4 of this agreement, but may be appealed pursuant to the District’s ADA review process. Information about the ADA, ADA accommodation request forms, and ADA medical certification forms are posted on the District’s website.

5.08– Workers Compensation:

  1. Limited Duty: Employees who have experienced a workers’ compensation injury and who have been evaluated and released by an approved physician as physically able to return to work with specific limitations, will return to their job site upon written authorization by Insurance and Benefits Management. Specific work limitation will be forwarded to the employee’s supervisor from the treating physician. The employee will remain in their job site, performing appropriate duties as identified by their supervisor for a period of time agreed to by the employee and the work site supervisor. The employee will be evaluated by their physician as necessary based on the course of treatment and, if not released for full duty, will be returned for limited duty for a work period agreed to by the employee and the work site supervisor. At the completion of the second work period, if the employee is not able to return to a full-duty status, he will be evaluated by the physician, principal/supervisor and the Insurance and Benefits Management to determine the employee’s status. Alternatives such as returning to workers’ compensation off-duty status, continuation of limited duty assignments, Alternate Duty assignments, and/or other assignments will be reviewed with the employee. If a period of limited duty exceeds six months the District will notify the Association of the identity of the employee.
  2. Alternate Duty:
    1. Evaluation: Employees who have experienced a workers’ compensation injury and who have achieved maximum medical improvement as determined by an approved physician and are unable to return to their previous position may be eligible for alternate duty assignments in accordance with Article 5.08(2)(d). Employees will be evaluated by a variety of methods for alternate duty within the school district by the Insurance and Benefits Management. The District will not assist finding alternative employment outside of the district. This process does not guarantee future employment within the School District. The alternate duty evaluation is not a 440.441 reemployment assessment as it is not an evaluation to determine whether an employee is capable of returning to suitable, gainful employment in the open labor market. The District shall notify the Association prior to the evaluation of an employee. Employees who do not meet the criteria for Alternate Duty shall lose their employment with the District.
    2. Training Assignment: Alternate Duty assignments are trainee positions at job sites to be identified by Human Resources after a thorough review of the employee’s job history, qualifications, and physical limitations. Positions such as clerk typist, data entry and teachers’ assistants are some of the possible opportunities for Alternate Duty training.
    3. Funding: All Alternate Duty positions will be funded from the Workers’ Compensation loss fund budget, as directed by the Insurance and Benefits Management.
    4. Training: Employees will be placed in an Alternate Duty training position based upon their physical abilities (as determined by their treating workers’ compensation physician) and their vocational aptitudes (as determined by vocational testing, educational certifications, etc.). Adjustments may be made to the job duties of the position; however, the employee must be capable of performing the essential functions of the position as described in the job description. Positions related to the employees’ current position and/or level of expertise shall also be given consideration when being placed in an Alternate Duty training position.
    5. Time Limit: The total maximum time an employee may remain in an Alternate Duty “training status” is one year. The maximum time may be extended to two years under extenuating circumstances. (Example: illness, language barrier, etc.).
    6. Successful Completion: Employees will be deemed “trained” when they have successfully acquired the minimum skills necessary to qualify for the position for which they are training, as acknowledged by their supervisor and Insurance and Benefits Management.
    7. Failure to Complete: An employee shall lose their employment with the District if the employee fails to achieve “trained” status within one year (or two years for employees with extenuating circumstances) and no positions exist within the District that meet the physical and aptitude requirements of the employee.
    8. Change in Training: Employees who are unsuccessful in their initial training position, may make one change of training assignment within the one-year period (two-year period for employees with extenuating circumstances); however, a change of training position will not extend their training timeline.
    9. Application Upon Completion: Once employees are deemed “trained” by Insurance and Benefits Management, they are required to apply for all positions, for which they have received training, within a reasonable commute.
    10. Placement Upon Completion: For employees who are unsuccessful in finding a regular position within 60 working days of achieving “trained” status, Human Resources will begin procedures to place those employees in regular positions.
    11. Refusal: If an employee refuses to be tested for Alternate Duty placement or to participate in their assigned Alternate Duty training program, this shall be deemed a voluntary resignation of employment.
    12. Summer Assignments: Employees who worked less than a 12-month schedule at the time of their work-related accident will not be guaranteed summer employment while participating in the Alternate Duty Program.
    13. Covered Employees: This article applies to employees currently enrolled in the Alternate Duty Program at the date of this Agreement. This article applies to all Alternate Duty employees.
    14. Wages: Employees selected for Alternate Duty assignments will be paid in accordance with the appropriate salary schedule, but in no case shall the employee receive less than the amount received prior to the injury. Employees assigned to positions at a higher pay rate shall be paid at the rate of the job performed when the employee is fully trained in that position as determined by management.
    15. Continued Employment: Following a successful training period, employees who continue employment in a new assignment and are paid at a rate less than their pre-injury rate shall be reimbursed for any loss of wages which occurs due to the acceptance of the position in accordance with the appropriate wage loss procedures as defined by Section 440, Florida Statutes. Following a successful training period, for those employees with a date of injury occurring prior to January 1, 1994, who continue employment in a new assignment at a rate less than their pre-injury rate shall be reimbursed for any loss of wages in accordance with the appropriate wage loss procedures as set forth in Section 440 F.S. Those employees who sustained injuries subsequent to January 1, 1994, are not eligible for such wage loss benefits.

5.09 – Veteran’s Preference: Veteran’s Preference shall be granted in accordance with applicable state and federal laws. Nothing herein shall be construed to expand any Veteran’s Preference beyond the limits of applicable state and federal law.

5.10 – Personnel File:

  1. Inspection: Each employee has the right to have another person accompany them to review their personnel file, if they so choose. Such review shall be made before or after the employee’s work day or during duty-free lunch, unless the employee is on leave, in the presence of the person responsible for the safekeeping of the personnel files. The Board will provide, within five (5) work days, a copy of as much of the contents of the employee’s personnel file as is requested in writing by the employee. The cost of duplication of such records shall be paid by the employee.
  2. Response: Each employee has the right to commend in writing concerning any materials in their personnel record.
  3. Copies: An employee will receive copies of any document referred to in Article 8 and 5.09 within one (1) business day from when they sign the document.