Contract Agreement 2023-2025
Between
The Board of School Trustees
of
Noblesville Schools
and
The Noblesville Teachers' Forum
TABLE OF CONTENTS
Article I - Agreement…………………………………………………………………………….3
Article II - Recognition…………………………………………………………………………..3
Article III - Professional Compensation…………………………………………………….…4
Article IV - Insurance……………………………………………………………………………8
Article V - Leaves………………………………………………………………………………12
Article VI - Retirement Plans………………………………………………………………….20
Article VII - Summer School…………………………………………………………………..24
Article VIII - Grievance Procedure…………………………………………………………...25
Article IX - Attestation and Terms of Agreement……………………………………………27
Appendix A - Salary Schedules………………………………………………………………28
Appendix B - ECA Committee Master Document………………………………………….29
Appendix C - Grievance Form………………………………………………………………..37
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ARTICLE I
AGREEMENT
This agreement is made and entered into on October 24, 2023, by and between the
Board of School Trustees of the Noblesville Schools ("Board" or "Corporation") and the
Noblesville Teachers' Forum ("Forum").
ARTICLE II
RECOGNITION
The Board hereby recognizes the Forum as exclusive bargaining representative for all
certified employees employed by the Board, excluding the Superintendent, assistant
superintendents, directors, assistant directors, athletic directors, principals, assistant
principals, supervisors, nurses, school psychologists, behavior specialists, substitute
and temporary contract teachers. The term "bargaining unit member" when used
hereinafter in this agreement shall refer to all employees represented by the Forum in
the bargaining unit as defined.
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ARTICLE III
PROFESSIONAL COMPENSATION
A. The overall salary range for teachers prior to any increase under this agreement is
$41,250-$84,178. The overall salary range for 2023-2024 following increases under this
agreement shall be $46,000-$90,000, and the overall salary range for 2024-2025
following increases under this agreement shall be $48,000-92,000. The base salaries
of bargaining unit members covered by this agreement are set forth in Appendix A,
which is attached to and incorporated in this agreement. Such salaries shall remain in
effect during the term of this agreement. ECA stipends are set forth in Appendix B,
which is attached and incorporated in this agreement.
A bargaining sub-committee composed of an equal number of Forum representatives
and administrators will consider needs and requests for stipends for additional ECA
positions and will recommend such stipends to the bargaining committee.
B. Compensation Model and Initial Placement for Salary Schedules
1. The compensation model will be used to determine individual bargaining unit
member increases in salary within the salary range.
2. Eligibility
All of the following are required to qualify for a base salary increase under this
Contract Agreement:
i. Year of experience-as defined by INPRS/TRF.
ii. Evaluation rating of Effective or Highly Effective in the previous school year,
except that teachers in their first two full years of instructing students are
exempt from the evaluation rating eligibility requirement and are eligible for a
salary increase regardless of their evaluation rating in the prior school year.
except that bargaining unit members newly hired prior to ratification of this Agreement
are eligible for a salary increase.
Initial salary placements for bargaining unit members hired after the ratification of this
agreement will be determined using Appendix A. The Administration will consult with
the Forum president prior to making any needed placement adjustment.
Bargaining unit members new to the Corporation may receive salary consideration for
each year of service in a branch of the United States Armed Forces up to a maximum of
four (4) years. In order to qualify for this consideration, the bargaining unit member must
provide the Corporation with documentation of service in the armed forces and a copy
of his/her honorable discharge.
For purposes of new hire salary placement, bargaining unit members hired with
relevant work experience outside of K-12 education will receive one (1) year of credited
experience for every three (3) years of actual relevant work experience. This provision
shall include, but is not limited to, individuals employed under a Workplace Specialist
license.
3. Salary increases for 2023-2024 are based on:
i. Evaluation-Receipt of an Effective or Highly Effective evaluation rating or
subject to the new teacher exemption ($2,850).
ii. Academic Needs of Students-The salary increase for academic needs is a
bargaining unit member retention catch-up increase. Eligible bargaining unit
members will be transitioned to the 2023-2024 salary schedule at the level
commensurate with the bargaining unit member's education and years of
experience.
4. Salary increases for 2024-2025 are based on:
i. Evaluation-Receipt of an Effective or Highly Effective evaluation rating or
subject to the new teacher exemption ($1,000).
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ii. Academic Needs of Students-The salary increase for academic needs is a
bargaining unit member retention catch-up increase. Eligible bargaining unit
members will be transitioned to the 2024-2025 salary schedule at the level
commensurate with the bargaining unit member's education and years of
experience.
5. Re-Distribution
No bargaining unit member rated Ineffective or Needs Improvement will receive
any increase in compensation, except those subject to the new teacher
exemption. The amount that would otherwise have been allocated for the salary
increase of bargaining unit members rated Ineffective or Improvement
Necessary shall be allocated for equal compensation of all eligible bargaining
unit members as a one-time stipend.
C. SLP Experience Credit and Stipend
1. For purposes of new hire salary placement and returning bargaining unit
member salary increases under this Agreement, a speech-language pathologist
for the Corporation will receive experience credit for the one (1) year internship
required to become a fully-credentialed SLP.
2. A speech-language pathologist for the Corporation who holds a Certificate of
Clinical Competence will be granted a stipend of $225 in each school year
covered by this Contract Agreement.
D. Corporation TRF Contribution
The Corporation shall contribute three percent (3%) of each bargaining unit member's
salary to the Indiana State Teachers' Retirement Fund.
E. Retiree Re-employment
If the Corporation employs in a bargaining unit position a retired individual who had
been previously employed within or outside of the Corporation on either a full-time or
part-time basis, the salary shall be based on the salary of a year-one master's level
bargaining unit member (MS-0). The benefits of the returning retiree shall include all
contract benefits except:
1. Severance and retirement benefits provided by this Agreement.
2. Retired bargaining unit members eligible for Medicare benefits will not be eligible
for health insurance benefits.
Neither Corporation nor the Forum will be liable for any problems a returning retiree
may have with the Indiana State Teachers Retirement Fund (ISTRF), the Social Security
Administration, or the Internal Revenue Service (IRS) regarding his or her original
retirement, return to teaching, or subsequent second retirement.
F. For purposes of experience credit calculation upon retirement, any bargaining unit
member who signs a standard contract and teaches at least ninety (90) days or one (1)
semester during any given school year shall receive credit for one (1) full year of
teaching. This provision is applicable only one time. In any subsequent year a
bargaining unit member must teach at least one hundred twenty (120) days to receive a
full year's credit.
G. If, during the term of this agreement, any school or schools are closed on a working day
during the school year, and a bargaining unit member is released from duty by order of
the Corporation or by order of the health authorities, or if through no fault of the
bargaining unit member, school cannot be held, then the bargaining unit member shall
be entitled to receive his/her basic compensation and benefits during such time the
school or schools are closed. Bargaining unit members who are on paid leave on a day
when school is canceled due to weather or other emergencies shall not be required to
use a day of leave. If the entire day is canceled, bargaining unit members may be
required to make up the day with no additional pay due for the make-up day.
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H. Extended contracts shall be compensated at each bargaining unit member's daily rate,
and long-term additional class assignments shall be compensated at each bargaining
unit member's hourly rate.
Hourly rate for all purposes under this Agreement shall be calculated as applicable
annual salary divided by 184 divided by 6.
I. Extra Duty Compensation
1. Work such as curriculum development that is required to be completed during
school break periods including summer will be paid at an hourly rate equivalent
to that of B-0 on the salary schedule. This provision also includes attendance at
required professional development or training sessions outside the work day or
during break periods including summer, but excludes activities that have
traditionally occurred during meetings such as faculty, PLC, grade-level, etc.,
that occur as extensions of the school day.
2. Class coverage:
i. High School: A bargaining unit member who covers a class period for an
unfilled daily assignment will be paid $25 for that class period.
ii. Middle School: A bargaining unit member who covers an unfilled daily
assignment will be paid $20 for a class period, $40 for a half-day, or $85
for a full-day, as applicable.
iii. Elementary: When students are divided among available bargaining
unit members in the case of an unfilled daily assignment, each available
bargaining unit member will be paid $20 for a half-day or $40 for a full-day,
as applicable.
iv. An elementary school bargaining unit member who covers a full
classroom of students will be paid $40 for a half day and $85 for a full day.
3. A bargaining unit member providing Additional Academic Support funded by an
ESSER grant will be paid an hourly rate equivalent to that of B-0 on the salary
schedule. [The following sentence is included for informational purposes only
and was not collectively bargained.] The calculation of hours shall include
planning time as determined following Discussion.
4. A bargaining unit member supervising Friday or Saturday school, or providing
any detention supervision will be paid an hourly rate of $25.
5. A bargaining unit member providing homebound instruction will be paid $50 per
hour.
6. All bargaining unit members are eligible for compensation under this section.
J. Background Checks
The Board agrees to pay the fee for the expanded child protection index portion and up
to $21.95 of the criminal history portion of the background check required every five (5)
years for current employees.
K. Discounted Programs
1. The Board agrees to provide the Miller Explorers and Little Millers programs at a
discount to Corporation bargaining unit members. These discounts cannot be
combined with a multi-child discount.
2. The Board agrees to provide complimentary admission for athletic events,
excluding IHSAA events and HCC tournaments, for a bargaining unit member
and a bargaining unit member's guest.
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L. New Teacher Orientation
Beginning with the 2024-25 school year, the Corporation agrees to pay new teachers
the substitute teacher daily rate for each day of participation in New Teacher
Orientation.
M. Method of Pay
A teacher shall be paid in twenty-six (26) equal installments on a bi-weekly schedule by
direct deposit.
1. Pay dates for the 2023-2024 school year shall be:
8/18/2023
9/1/2023
9/15/2023
9/29/2023
10/13/2023
10/27/2023
11/10/2023
11/24/2023
12/8/2023
12/22/2023
1/5/2024
1/19/2024
2/2/2024
2/16/2024
3/1/2024
3/15/2024
3/29/2024
4/12/2024
4/26/2024
5/10/2024
5/24/2024
6/7/2024
6/21/2024
7/5/2024
7/19/2024
8/2/2024
2. Pay dates for the 2024-2025 school year shall be:
8/16/2024
8/30/2024
9/13/2024
9/27/2024
10/11/2024
10/25/2024
11/8/2024
11/22/2024
12/6/2024
12/20/2024
1/3/2025
1/17/2025
1/31/2025
2/14/2025
2/28/2025
3/14/2025
3/28/2025
4/11/2025
4/25/2025
5/9/2025
5/23/2025
6/6/2025
6/20/2025
7/3/2025
7/18/2025
8/1/2025
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ARTICLE IV
INSURANCE
A. Health Insurance Hospitalization
Each full-time bargaining unit member who elects insurance coverage with the
Corporation will receive a contribution from the Board equivalent to 81.4% percent of
the cost of the HSA Core plan premium for the coverage category (single,
employee/spouse, employee/child, or family) chosen by the employee on the
Corporation's group health insurance plan. The premium contribution will be calculated
on the HSA Core plan cost regardless of whether the employee elects to receive
coverage under a different Corporation plan. The single premium benefit will also cover
a Medicare supplement plan for the bargaining unit member only. The premium amount
may not be received in lieu of enrolling in the group hospitalization plan.
All bargaining unit members who were legally married in any state in the United States
of America shall be eligible for spousal or family coverage. This provision specifically
excludes "common law marriages."
The maximum benefit for a spouse shall be one hundred percent (100%) of the family
coverage core plan premium effective September 1, 2011 ($15,959.04), for married
couples who have previously received this benefit except that the spouse who serves
as the owner of the coverage shall pay the same percentage of subsequent premium
increases that all other bargaining unit members participating in the program pay.
Except as otherwise provided in the applicable group health insurance policy, an
individual who is employed as a bargaining unit member by the Corporation at the time
of retirement and his/her spouse, if any, shall have the option of remaining in the
Corporation's group health insurance plan, provided all of the following conditions are
met as of the date of retirement and thereafter:
1. The bargaining unit member has attained fifty-five (55) years of age and is not
eligible for Medicare;
2. The bargaining unit member has completed at least (ten (10) full years of service
consecutively as a certificated employee with Corporation.
3. While the retired bargaining unit member and spouse, if any, remain enrolled in
the health insurance plan, the retired bargaining unit member and spouse shall
pay the entire insurance premium applicable to the insurance coverage, with
monthly payments to be made on or before the first day of each month for which
group health insurance coverage is to continue; and
This section A shall not create a right to continued coverage in a retired bargaining unit
member or spouse, and coverage for a retired bargaining unit member and spouse
pursuant to this paragraph shall be subject to modification or reduction in future
collective bargaining between the Board and Forum. However, it is acknowledged that
the parties intend these provisions to comply with applicable federal and state laws that
establish an eligible bargaining unit member's right to continue health insurance for the
bargaining unit member and spouse, including if otherwise applicable, Indiana Code
5-10-8-2.6. Therefore, the foregoing right to extended coverage shall not override any
rights to continuing health care coverage as required by COBRA or applicable state
law.
A Noblesville Schools retiree who is covered under a Noblesville Schools' insurance
plan through their spouse shall have the option to retain coverage until they are
Medicare eligible. If a retiree ceases enrollment voluntarily or for non-payment of
premiums, they shall not be permitted to re-enroll.
B. Benefits Committee Review
In consultation with the bargaining team, the Benefitsƒ Committee, at the time of
renewal, will look at reserves and make recommendations on use of the reserves.
C. Term Life Insurance
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Fifty thousand dollars ($50,000.00) of term life insurance with double indemnity will be
provided for each bargaining unit member at no cost to the bargaining unit member.
The policy shall be reduced by 33.3%, to thirty-four thousand dollars ($34,000) at age
sixty-five (65) and coverage for death or dismemberment by accidental means shall
end at age seventy (70). The policy shall be reduced by an additional 33.3% (to
$23,000) at age of seventy (70). No coverage is provided once a bargaining unit
member ceases employment with the Corporation. Bargaining unit members shall have
the option to purchase, at the group rate, additional term life insurance at the
bargaining unit member's cost it the minimum number of participants required by the
insurance company is met.
D. Long Term Disability
Long term disability income insurance shall be provided for each bargaining unit
member at no cost to the bargaining unit member. The program shall provide for a
minimum benefit of sixty-six and two-thirds percent (66 2/3%) of salary to at least age
sixty-five (65). It has a maximum monthly benefit of five thousand dollars ($5,000) with
a ninety (90) consecutive calendar day waiting period.
E. Vision
Each full-time bargaining unit member has the option to receive either a single or family
coverage premium, paid at eighty percent (80%) by the Board. The premium amount
may not be received in lieu of enrolling in the group vision care plan.
At retirement or within ten (10) days after retirement, a full-time bargaining unit member
may elect to continue to participate in the single or family group vision insurance
coverage if the full-time bargaining unit member was enrolled in the group vision
insurance plan at the time of retirement. A retiring bargaining unit member electing to
take this coverage shall pay the full premium for this coverage on a schedule of
payments determined by the Board. This schedule for the payment of premium shall not
require the retired bargaining unit member to make payments more frequently than a
schedule which coincides with the working bargaining unit member pay periods. A
retired bargaining unit member's group vision insurance coverage, including
spouse/dependents, pursuant to this paragraph shall continue until the retired
bargaining unit member dies, becomes eligible for Medicare coverage, cancels the
coverage, or the retired bargaining unit member is more than ten (10) calendar days
late in paying the premium for this coverage. A retiree's access to vision insurance
coverage ceases when coverage is terminated for any reason.
F. Dental
Each full-time bargaining unit member has the option to receive either a single or family
coverage premium, paid at eighty percent (80%) by the Board. The premium amount
may not be received in lieu of enrolling in the group dental plan.
At retirement or within ten (10) days after retirement, a full-time bargaining unit member
may elect to continue to participate in the single or family group dental insurance
coverage if the full-time bargaining unit member was enrolled in the group dental
insurance plan at the time of retirement. A retiring bargaining unit member electing to
take this coverage shall pay the full premium for this coverage on a schedule of
payments determined by the Board. This schedule for the payment of premium shall not
require the retired bargaining unit member to make payments more frequently than a
schedule which coincides with the working bargaining unit member pay periods. A
retired bargaining unit member's group dental insurance coverage pursuant to this
paragraph shall continue until the retired bargaining unit member dies, becomes eligible
for Medicare coverage, cancels the coverage, or the retired bargaining unit member is
more than ten (10) calendar days late in paying the premium for this coverage. A
retiree's access to dental insurance coverage ceases when coverage is terminated for
any reason.
G. Section 125 Plan
Bargaining unit members are eligible to participate in the Code Section 125 plan
maintained by the Corporation. Administrative costs for the Section 125 plan benefits
shall be borne by the bargaining unit members who elect to receive the benefits.
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H. VEBA — 501(c)(9) Plan
The Board shall agree to continue the previously established VEBA (Voluntary
Employees Beneficiary Association), as described in Section 501(c)(9) of the Code.
Except as otherwise provided herein, the Board shall determine the terms and
conditions for the administration and operations of the VEBA.
1. Eligibility. To be eligible to share in future contributions made to VEBA, a
bargaining unit member must have signed a regular bargaining unit member's
contract.
2. Benefit Contributions. The Board will contribute one percent (1 %) of an eligible
bargaining unit member's base salary, including extended contract days, to the
VEBA. Accordingly, stipend pay, extra-curricular assignments, summer school
contract pay and other additional earnings are not part of the base salary used to
determine the amount of the contributions.
Contributions to the VEBA shall be forwarded at the end of each calendar month
for deposit into the bargaining unit member's self-directed individual account that
has been established with the Board-selected vendor. The amount of this monthly
contribution will be based on the employee's base salary paid during the
immediately preceding month.
3. Separate Accounts. Amounts contributed for each employee will be invested in a
separate account. There will be no commingling of accounts and each employee
may determine how his or her account shall be invested among the investment
options made available by the selected investment vendor for the VEBA.
4. Plan Vesting. Until such time that a bargaining unit member has retired and
satisfied the following requirements, the bargaining unit member shall have no
access to the assets held in his or her separate VEBA account:
i. Years of Service. At retirement, a bargaining unit member must have
completed at least ten (10) continuous years of service with Corporation.
As used in this Article, "continuous years of service" means the number of
consecutive years of employment as a certified employee in the
Corporation. Approved leaves of absences not exceeding one (1) year
shall not be considered to be a break in continuous employment for the
purpose of determining "continuous years of service". A certified employee
on an approved leave of absence will not receive completed years of
service credit for vesting purposes for the time of the approved leave.
ii. Indiana State Teachers' Retirement Fund Eligibility. Even if a retired
bargaining unit member has otherwise completed at least ten (10) or more
continuous years of service, a retired bargaining unit member shall remain
0% vested unless the retired bargaining unit member shall also have
qualified for full benefits from the Indiana State Teachers' Retirement
Fund.
Prior to the completion of these requirements, a bargaining unit member is not
even partially vested in the VEBA benefits described hereinafter; however,
should a bargaining unit member become deceased during service with at least
10 years of continuous service then survivor benefits shall apply.
5. Forfeitures. Employees that separate from Corporation' employment prior to
satisfying the applicable vesting requirements shall forfeit any and all funds in
their VEBA accounts. Forfeitures shall continue to be held in a separate account
of the VEBA and used to fund the Corporation's future contribution obligations to
the VEBA.
6. Distributions. Following retirement and the satisfaction of the vesting
requirements set forth in above subsection G4 immediately above, a retired
bargaining unit member may use the amounts held in his/her separate VEBA
account to pay health, dental, and vision insurance premiums, term life insurance
premiums, and unreimbursed medical expenses of the bargaining unit member,
spouse, and dependents as described in Code §213(d).
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Furthermore, following the death of the bargaining unit member, who had otherwise
satisfied the foregoing vesting requirements, any amounts remaining in the deceased
bargaining unit member's VEBA account may continue to be used to pay these
premiums and expenses of the bargaining unit member's spouse and dependents. Any
amounts not eventually distributed to or for the benefit of the bargaining unit member,
spouse and/or dependents may then be distributed to or used for the benefit of the
deceased bargaining unit member's designated beneficiary, if any, in such manner as
allowed by the Code and the Treasury Regulations thereto. Otherwise, the deceased
bargaining unit member's remaining VEBA account will thereafter be forfeited and used
to fund the Corporation's future contribution obligations to the VEBA. (At no time may
the VEBA make loans to a bargaining unit member, his/her spouse, or dependents.)
7. Account Fees. After August 31, 2007, all costs incurred in the administration of
the VEBA and investment fees shall be paid from the VEBA assets in a
reasonable manner as determined by the Board.
I. Communication on Changes in Benefits Administration
The parties commit to communicating prior to changes in benefits administration.
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ARTICLE V
LEAVES
A. Sick Leave
All bargaining unit members shall be protected against loss of compensation from
illness or quarantine, including illness, surgery or accident of an immediate family
member. For the 2023-2024 school year, a total of thirteen (13) days shall be granted if
it is the bargaining unit member’s first school year (3 for the 2024-2025 school year, in
addition to PTO) and ten (10) days shall be granted if it is a subsequent school year for
the bargaining unit member. Beginning with the 2024-2025 school year, no new sick
leave shall be granted by the School Corporation; however, unused PTO shall be
converted to sick leave at the end of each year and sick leave from previous
employment shall continue to be transferred. The terms of this section will apply to all
sick leave, whether granted by the School Corporation, transferred from a previous
employer, or converted from PTO. Immediate family is defined as a father, mother,
brother, sister, spouse, child, father-in-law, mother-in-law, brother-in-law, sister-in-law,
daughter-in-law, son-in-law, grandparent, grandparent-in-law, grandchild, stepfather,
stepmother, stepchild, or any other person living as a member of the household of the
bargaining unit member. These days will be subject to the following provisions:
1. Bargaining unit members employed for ninety (90) days or one (1) semester
shall be credited with one-half (1/2) the number of sick leave days they would
receive if employed for a full year.
2. Transfer of accumulated sick leave from other accredited public or private
schools shall be at the rate of five (5) days per year beginning the first year in
Corporation and shall continue until all leave days have been transferred.
Bargaining unit members transferring sick days from private schools shall
present proof that the school is accredited by the state in which it is located.
3. Combined sick and personal leave days, or PTO days, which are not used in
any one year shall accumulate to a total of one hundred eighty-four (184) days.
4. Bargaining unit members shall be notified of accumulated sick leave during the
school year.
5. Contracted bargaining unit members will not lose income or accumulated sick
leave when a scheduled school day is canceled.
6. Sick leave, upon request by the bargaining unit member, shall be granted in
one-half (1/2) day units.
7. Sick leave may be used for emergency medical or dental appointments which
cannot be scheduled after the regular school day for a member of the bargaining
unit member's immediate family and for hospitalization under circumstances
which can reasonably require the bargaining unit member's presence at times or
in such a manner as to create substantial work schedule conflicts.
B. Sick Leave Bank
1. Purpose. It is the purpose of the Sick Leave Bank ("SLB") to provide bargaining
unit members with an opportunity to be protected from a portion of the financial
burden that may result from an absence from work in excess of their accrued
sick leave that is the result of illness, quarantine, disability, or doctor' s a d v i c e
to prevent members from performing their duties for the Corporation.
2. Participants. All bargaining unit members shall be eligible to become a member
of the SLB. Bargaining unit members who do not enroll at the time they are hired
shall not be permitted to enroll in the SLB until an open enrollment period is
declared by the SLB Committee and they shall not be entitled to apply for SLB
leave based upon a condition that had be diagnosed by a healthcare provider at
the time of the application for the first semester following enrollment. It is the
responsibility of the SLB Committee to contact newly hired bargaining unit
members at the time of employment to offer membership in the SLB.
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3. Structure & Operation of the SLB.
i. Contribution of Sick Leave Days. The SLB shall be formed and
maintained by bargaining unit members who voluntarily contribute one (1)
sick day when a need is declared by the SLB Committee. If the SLB
Committee declares a need for the contribution of an additional sick leave
day by SLB members, a member may choose not to contribute the sick
leave day. Refusal to contribute a sick leave day when the need is
declared by the SLB Committee shall be a resignation from the SLB and
sick leave days contributed shall not be credited back to the resigning
member.
ii. Open Enrollment Period. The SLB Committee will declare an open
enrollment period for bargaining unit members to join the SLB for the first
fifteen days (15) bargaining unit member contract days in each school
year. A bargaining unit member who is first employed after the school
year begins may become a SLB member by notifying the SLB by e-mail
and authorizing the contribution of a sick leave day within ten (10)
bargaining unit member contract days following the first day of
employment.
iii. Disposition of Sick Leave Days at Retirement. A bargaining unit
member’s accumulated sick leave days shall be rolled into the SLB
effective on the bargaining unit member's retirement date.
iv. Withdrawal. A bargaining unit member may withdraw from the SLB at
any time by notifying the SLB Committee in writing, requesting
withdrawal. Upon receipt of the letter, the SLB Committee shall
immediately notify the Superintendent's designee of the withdrawal, which
will become effective immediately. If a SLB member withdraws from the
SLB, the withdrawing member will not be credited with sick leave days
contributed by the member. A SLB member who has withdrawn may
return to the SLB membership during an open enrollment period, but shall
not be credited with the days previously forfeited to the SLB.
v. Call for Contribution of Days. In the event the total number of days in
the SLB should drop below a level determined by the SLB Committee,
each member of the SLB shall be assessed an additional sick leave day
in order to rebuild the SLB balance of contributed days. If a member has
no remaining sick leave days to contribute at the time the SLB Committee
requires the contribution of additional days, the member shall remain a
member of the SLB and shall be exempt from the assessment.
vi. SLB Committee. The SLB Committee shall consist of three (3)
members of the bargaining unit, appointed by the Forum President.
vii. A decision of the SLB Committee is final.
viii. Unused Approved Days. Any days that are granted for use to a
bargaining unit member by the SLB but are not used shall be returned to
the SLB.
ix. SLB Leave Concurrent with FMLA Leave. Committee SLB days shall
be concurrent to any days the member is eligible for under the Family &
Medical Leave Act for the member's own serious health condition.
4. SLB Procedure.
i. Applications for SLB Days.
(a) Written Application. A SLB member or a representative
authorized by and acting for a SLB member may apply for SLB
days. The written application shall be supported by a healthcare
provider's statement stating the need for SLB leave and
describing the member's inability to work and the number of SLB
days requested. An opinion from a second healthcare provider (a
“second opinion”) may be sought by the SLB Committee for any
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SLB request. The cost of the second opinion will be covered by
the Corporation.
(b) Vote of the SLB Committee. Days from the SLB may be
granted only upon authorization by a simple majority of the SLB
Committee. The Chair of the SLB Committee shall be responsible
for convening the SLB Committee to consider applications for SLB
days and shall report the decision of the SLB Committee to the
applicant and the Superintendent.
(c) Individual Sick Leave/PTO Days Must Be Used First. The
applicant must use all of his/her own sick leave days before a SLB
day may be applied to the member's absence; this includes any
sick leave days accumulated through employment by another
school corporation, even those not yet transferred over.
(d) Granting Additional Paid Sick Leave. When a bargaining unit
member has discontinued use of SLB days and has need of
additional sick leave days, the bargaining unit member may
request that the Superintendent grant additional paid sick leave
days. Medical documentation of the need for additional days must
accompany the bargaining unit member's request. Upon receipt of
the request and documentation, the Superintendent and the SLB
chairperson shall have total discretion as to whether or not to
grant the request, and if so, in what amount of days. In the event
the Superintendent and the SLB chairperson do not agree on
whether to grant the request, the request will be deemed denied,
as the lack of a majority results in the failure of a motion.
(e) Relation of SLB Leave and LTD Insurance. No member who is
eligible for long term disability coverage shall be granted days
from the SLB once the participant is eligible to receive long term
disability payments. A grant of SLB days may be conditioned upon
the applicant's application for long term disability benefits.
(f) Maximum Grant of 90 SLB Leave Days. Use of paid leave
days, including SLB, will cease after ninety (90) consecutive
calendar days due to the expiration of the LTD elimination period,
in the case of a personal illness.
(g) Repayment upon Failure To Return to Work. The SLB
Committee may require a member to repay the bank tor leave
days granted if the employee does not return to work or resigns
following use of bank days.
(h) SLB Committee Discretion. The SLB Committee may deny
requested days even if a healthcare provider's supporting
documentation is produced.
ii. Forms & Recordkeeping.
(a) Forms Made Available by the Forum. Forms to apply for and
use of SLB days shall be supplied by the Forum and shall be made
available in the Central Office of the Corporation and on a web site
accessible to SLB members.
(b) Superintendent & Forum Will Maintain Records. The
Superintendent's office and the Forum shall keep records on the
number of days in the SLB and of the use of such days by
members The Forum and Superintendent's records shall be
reconciled at least once each school year.
5. Amendments.
The SLB's rules are part of the Collectively Bargained Agreement between the
Board and Forum and may be amended at any time by agreement of the Board
and the Forum upon the recommendation of the SLB Committee.
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6. Limitations.
If the SLB member is unable to perform the member's duties due to mental or
emotional disorder, organic or non-organic in nature; or or alcoholism; or drug
abuse or addiction, the member will be eligible to receive sick leave bank
benefits only if the member is receiving inpatient or intensive outpatient therapy
at a hospital or treatment center certified to treat such conditions.
C. Personal Leave/PTO
1. For the 2023-2024 school year, each full time bargaining unit member shall be
allowed three (3) days personal leave (as defined by statute) each year without
loss of pay. A bargaining unit member shall not use more than five (5) personal
days in that school year. Beginning with the 2024-2025 school year, all leave
granted for the year shall be Paid Time Off (PTO), except that bargaining unit
members in their first year shall be granted 3 sick leave days.
2. Unused personal leave and unused PTO shall accumulate as a part of sick
leave to a total of one hundred eighty-four (184) days.
3. Personal leave/PTO, upon request by the bargaining unit member, shall be
granted in one-half (1/2) day units.
4. Personal leave/PTO shall not occur the day before or the day following any
multi-day school scheduled break except in the case of an extraordinary
circumstance or in an emergency as expressed by the bargaining unit member.
This provision excludes Labor Day, Martin Luther King Day, President's Day, and
Memorial Day, as these are single-day holidays and not multi-day breaks. For the
2023-2024 school year only, the bargaining unit member will be asked to provide
evidence of the extraordinary circumstance or of the emergency to the building
principal, who will submit the request to the Superintendent or designee for
approval or denial. Requests under consideration by the Superintendent or
designee will trigger inclusion of the Forum President or designee for approval or
denial. Beginning with the 2024-2025 school year, 2 days of PTO will be charged
for each absence before or the day following any multi-day school scheduled
break, unless the bargaining unit member provides timely documentation of
illness or injury from a licensed health care provider. For the purpose of this
section, the bargaining unit member work days before the start of the student
year and the last student day of the school year shall be considered the day
before a multi-day school scheduled break.
D. Bereavement Leave
1. Bereavement leave for each death of an immediate family member shall be
granted for a period not to exceed ten (10) bargaining unit member days.
Immediate family is defined as spouse, child (including miscarried child), and
each similar relation established by marriage.
2. Bereavement leave for each death shall be granted for a period not to exceed
five (5) bargaining unit member days for brother, sister, parent, grandparent,
grandchild, and each similar relationship established by marriage, any person
who at the time of death had established the teacher’s home as his/her
permanent residence, teacher has power of attorney, teacher is an executor of
the estate, sole surviving relative, or teacher is legal guardian.
3. Bereavement leave shall be granted for a period not to exceed two (2) bargaining
unit member days for each death of aunts, uncles, cousins, nieces, nephews,
close friends, or where the bargaining unit member plays an active role in the
execution of the estate or funeral service (e.g. pallbearer, organist, vocalist,
eulogist, etc.). If evidence exists that this provision is abused, the Superintendent
reserves the right to declare the day as unpaid leave.
4. Two (2) additional bereavement days may be granted for travel if the funeral
service will be held in excess of a 200-mile radius from Noblesville, Indiana.
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5. In computing this leave provision, either the day of the death, or the day on which
the bargaining unit member receives notification of the death, or the day
immediately following either of these events shall be counted as the first day of
the leave, at the bargaining unit member's option. Under special circumstances,
the bargaining unit member may choose to delay all or part of the bereavement
leave at the bargaining unit member's discretion.
6. Bereavement leave, upon request by the bargaining unit member, shall be
granted in one-half (1/2) day units.
7. Request for additional days due to extenuating circumstances may be granted by
the Superintendent or designee.
8. Bereavement leaves must be taken within one (1) calendar year of the death.
E. Court Leave
Bargaining unit members will be excused for jury duty or when subpoenaed to appear
as a witness in court.
F. Temporary Disability Leave
Temporary disability leave shall be governed by the following:
1. Any bargaining unit member who is temporarily disabled shall be granted a
leave of absence any time after commencement of the temporary disability, if the
Superintendent is notified at least thirty (30) days before the start of the leave.
The bargaining unit member shall notify the Superintendent of the expected
length of this leave, including with this notice a physician's statement certifying
the temporary disability. However, in the case of a medical emergency caused
by the temporary disability, the bargaining unit member shall be granted a leave,
as otherwise provided in this section, immediately on request and the
certification of the emergency and temporary disability from an attending
physician.
2. All or part of a leave taken by a bargaining unit member because of a temporary
disability may be charged at the bargaining unit member's discretion, to the
bargaining unit member's available sick days. However, the bargaining unit
member is not entitled to take accumulated sick leave days when the bargaining
unit member's physician certifies that the bargaining unit member is capable of
performing the bargaining unit member's regular teaching duties. The bargaining
unit member is entitled to complete the remaining leave without pay.
3. The Board, at the request of the bargaining unit member, may extend the above
referenced leave for the purpose of allowing a bargaining unit member to return
from temporary disability leave at the beginning of a semester or school year. A
bargaining unit member who is granted temporary disability leave is encouraged
to time the return from such leave to coincide with the beginning of a semester
or some other transition period in the school schedule.
G. New Dependent Leave
A bargaining unit member may elect to use up to thirty (30) sick days within a year of a
child’s birth or foster or adoptive placement with the bargaining unit member. The thirty
(30) day maximum applies regardless of the number of births or placements in a given
year. If the bargaining unit member does not have accrued sick leave, PTO may be
substituted. New dependent leave cannot be used in conjunction with maternity leave.
New dependent leave runs concurrently with FMLA and applicable FMLA regulations
and School Board Policy will apply.
The conditions for being granted this paid leave are:
1. Tentative advance written notice of the anticipated birth or placement should be
given to the bargaining unit member's building principal. This notice should be
given as soon as reasonably possible. It is not binding on the bargaining unit
member or Corporation.
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2. The bargaining unit member shall apply in writing to the Superintendent to use
new dependent leave. Such application shall be made as soon as the
bargaining unit member is aware of a date the birth or placement is anticipated
to take place. This application shall specify the dates the bargaining unit
member would like to begin and end the leave.
3. Provided the bargaining unit member has met the conditions set forth here, the
Superintendent or her designee shall not unreasonably deny the bargaining unit
member's application for this leave.
4. The above notwithstanding, the Superintendent or designee shall have the
discretion to grant new dependent leave for what the Superintendent or
designee determines to be mitigating circumstances beyond the control of the
bargaining unit member, e.g. a change in adoption dates that might change the
time the bargaining unit member would have need to begin the leave.
H. Medical Leave
Medical leave may be granted after one (1) year of service when a bargaining unit
member's health does not permit continued employment. This leave may be for the
remainder of a school year and may be renewed for one (1) year, at the request of the
bargaining unit member. Proof of disability signed by a practicing physician shall be
submitted with the leave request. The Corporation, at its expense, may require a
medical opinion from a physician of its choice.
I. Job Related Injury Leave
1. Absence of a bargaining unit member due to injury and/or disability resulting
from an assault by a student, parent of a student, or legal guardian of a student
shall not be deducted from the bargaining unit member's sick leave if the assault
occurs while the bargaining unit member is performing assigned duties within
the scope of the bargaining unit member's employment. During the period of
absence, the bargaining unit member's salary and benefits shall continue in full
to a maximum of ninety (90) days without reduction in accumulated sick leave.
2. A bargaining unit member who is absent from work due to an injury or illness
which is covered by Worker’s Compensation shall receive full compensation
minus Worker’s Compensation benefits and shall receive full benefits under this
contract for a maximum of ninety (90) days without reduction in accumulated
sick leave.
3. A bargaining unit member taking a leave of absence as described in paragraphs
1 and 2 above shall provide to the Superintendent a doctor's statement
concerning the need for and the probable duration of the leave. The corporation
reserves the right to obtain at its own expense a second opinion by a physician
of the corporation's choosing.
J. Emergency Leave
1. When a bargaining unit member believes the bargaining unit member has an
emergency leave need and has exhausted all other available paid leave, the
bargaining unit member may request that the Superintendent grant paid
emergency leave. Such request shall provide the Superintendent with detailed
documentation of the need in the same manner that bargaining unit members
document the need for sick leave days.
2. Upon receipt of the request and documentation, the Superintendent shall have
total discretion as to whether or not to grant the request, and if so, in what
amount of days. The negotiated catastrophic illness/injury leave provision and
practice notwithstanding in this situation, any days the Superintendent
determines to grant shall be taken from the Sick Leave Bank. If the recipient is
not a member of the SLB, the recipient must donate a day to the SLB upon the
next receipt of sick leave days.
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3. Though members of the Sick Leave Bank committee have no authority or role to
play in regard to this action, as a courtesy, the Superintendent will notify them in
writing of this decision.
4. It is understood that in making this decision, the Superintendent shall consider
the severity of the cause for such need and this decision shall be final. The
decision shall not set precedent.
K. Professional Association Leave
1. Each year, the Forum President or designees shall be entitled to use up to a total
of 30 paid administrative leave days to be used for Forum business and/or
lobbying purposes. The Superintendent, upon request from the Forum President,
may, but will not be required to, grant additional paid administrative leave days to
the Forum. Professional leave under this section, upon request, shall be granted
in one-half (1/2) day increments.
2. The Forum President will be granted a part-time release for the conduct of Forum
business.
L. Sabbatical Leave
The Corporation may grant a bargaining unit member, on written request, a sabbatical
for improvement of professional skills through:
1. Advanced study;
2. Work experience;
3. Bargaining unit member exchange programs; or
4. Approved educational travel.
All sabbatical requests must be submitted by May 1 of the school year prior to the
school year for which the sabbatical is being requested. All bargaining unit members on
a sabbatical leave must provide the Superintendent or designee with notification of
intent to return to work or resign by March 15th of the school year in which the
sabbatical leave is being taken.
M. Dependent Care Leave
1. An unpaid leave of absence shall be granted for a period when a bargaining unit
member needs to care for a dependent due to the dependent's serious health
condition, as defined by the Family Medical Leave Act. A bargaining unit member
shall be granted a leave of absence under this section for up to one (1) year. The
bargaining unit member shall notify the Superintendent of the expected length of
this leave.
2. The Board, at the request of the bargaining unit member, may extend the
above-referenced leave for the purpose of allowing a bargaining unit member to
return from dependent care leave at the beginning of a semester or school year.
A bargaining unit member who is granted dependent care leave is encouraged to
time the return from such leave to coincide with the beginning of a semester or
some other transition period in the school schedule.
3. A dependent care leave will generally be granted only on one occasion for each
serious health condition. An additional leave may be granted by the
Superintendent or designee where extenuating circumstances exist.
N. Family Illness Leave
1. Unpaid leave for family illness may be granted at the request of the bargaining
unit member.
2. This leave may be for a period of time up to the duration of the current school
year, and may be taken in order for a bargaining unit member to care for any
member of the immediate family.
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3. The bargaining unit member shall notify the Superintendent of his or her request
to take family illness leave at least fifteen (15) days before the leave is to be
taken.
4. In the case of an illness or injury in the immediate family that requires the
bargaining unit member's immediate presence, the bargaining unit member will
notify the Superintendent or designee of the emergency as soon as possible.
5. When applying for family illness leave, the bargaining unit member must
present, to the Superintendent, a physician's statement and the probable length
of the convalescence.
O. Short Term Unpaid Leave
The Board, at its discretion, may grant to a bargaining unit member a short period of
unpaid leave.
P. Insurance During Unpaid Leaves
While on approved leave, all insurance and health benefits may remain in effect during
the leave with the entire cost to be borne by the bargaining unit member.
Q. Return from Unpaid Leaves
With the exception of Family-Medical leave, a bargaining unit member will be returned
from an unpaid leave to a position for which the bargaining unit member is qualified,
which may or may not be the position in which the bargaining unit member was
previously employed.
R. A bargaining subcommittee composed of an equal number of Forum representatives
and administrators will consider changes in the number and nature of leave days. This
subcommittee will also consider methods of compensating bargaining unit members for
coverage of classes beyond their own when substitute bargaining unit members are not
available.
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ARTICLE VI
RETIREMENT PLANS
To be eligible for retirement from Noblesville Schools, and, therefore, to be eligible for
any retirement plan or program described in this Agreement, a bargaining unit member
must be eligible for full retirement under the rules of the Indiana Public Retirement
System (INPRS).
A. Salary Reduction Elections
A bargaining unit member may elect to make tax deferred contributions, i.e., salary
reduction contributions, to plans described in Code section 403(b) and/or 457(b) up to
the maximum limits allowed by the Code. Such elective contributions shall be 100%
vested at all times. Subject to the following requirements, the Board and Forum will
jointly agree on a list of approved investment vendors for these salary reduction
contributions made to any Code section 403(b) plan or Code section 457 plan: (i) the
number of approved vendors shall not exceed six (6), (ii) to remain on the approved list,
at least ten (10) bargaining unit members must have in effect elections directing that
their salary reduction contributions be invested with the vendor, and (iii) a vendor must
sign the Corporation' standard hold harmless and indemnification agreements in favor
of Corporation and otherwise agree to abide by general terms and conditions for plan
administration, as such are determined by the Board from time to time. Otherwise, it is
understood that there shall be no contractual right to a specific vendor.
B. Matching Contributions
1. Corporation shall match the salary reduction contributions made by a bargaining
unit member to the Corporation 403(b) Wrap Plan ("403(b) Plan) up to 3 % of
the bargaining unit member's base salary. The 3% contribution to the Indiana
State Teachers' Retirement Fund, stipend pay, extra-curricular assignments,
summer school contract pay and other additional earnings are not part of the
base salary used to determine the amount of the contributions.
The matching contributions shall be contributed to a qualified retirement plan
described in Code section 401(a) (the "Matching 401(a) Plan"). Except as
otherwise provided herein, the Board shall determine the terms and conditions
for the administration and operations of the 401(a) Plan.
2. Timing of Matching Contributions. Contributions to the Matching 401(a) Plan
shall be forwarded to the vendor within a reasonable period of time following
each payroll, using the base salary included in such immediately preceding
payroll.
3. Separate Accounts. Amounts contributed for each employee will be invested in a
separate account. There will be no commingling of accounts and each employee
may determine how his or her account shall be invested among the investment
options made available by the selected investment vendor for the Matching
401(a) Plan.
4. Plan Vesting. Upon completion of five continuous years of service with
Corporation, a bargaining unit member shall be 100% fully vested in his/her
Matching 401(a) Plan account. Prior to the completion of this requirement, a
bargaining unit member is not even partially vested in his/her Matching 401(a)
Plan account and a bargaining unit member shall have no access to the assets
held in his or her separate Matching 401(a) Plan account. For these purposes,
"continuous years of service" means the number of consecutive years of
employment as a certified employee in Corporation. Approved leaves of
absences not exceeding one (1) year shall not be considered to be a break in
continuous employment for the purpose of determining "continuous years of
service". A certified employee on an approved leave of absence will not receive
completed years of service credit for vesting purposes for the time of the
approved leave.
5. Forfeitures. Employees that separate from Corporation' employment prior to
satisfying the applicable vesting requirements shall forfeit any and all funds in
their Matching 401(a) Plan accounts. Any forfeitures of a Matching 401(a)
Account shall be used to reduce plan expenses, reallocated or used to reduce
20
other retirement plan obligations of Corporation, in such manner as reasonably
determined by the Board.
6. Distributions. Following the earlier of: (i) attainment of age fifty-nine and one-half
(59'/2) or (ii) termination of employment with Corporation, a bargaining unit
member that has satisfied the vesting requirements of subsection B4 above may
elect to commence distributions from his/her Matching 401(a) Plan account. If a
bargaining unit member shall die after having satisfied the applicable vesting
requirements, the deceased bargaining unit member's Matching 401(a) Plan
account shall be distributable to the decedent's designated beneficiary or to
his/her estate if no beneficiary designation has been made. (At no time may a
participant borrow from his/her 401(a) Plan account.)
7. Costs. All costs incurred in the administration of the Matching 401(a) Plan and
investment fees shall be paid from the Matching 401(a) Plan assets in a
reasonable manner as determined by the Board.
C. Advanced Notice Retirement Incentive
A bargaining unit member who submits a retirement letter by January 31 with a
retirement date prior to the following July 1 will receive, upon retirement, a $1,000
payment made in a lump sum to be distributed in the bargaining unit member's last
paycheck.
D. Supplemental Retirement Savings Plan ("Buyout 401(a) Plan")
The Board agrees to continue the previously established Supplemental Retirement
Savings Plan, as described in section 401(a) of the Code, to which Corporation made a
contribution equal to the net present value of retirement bridge benefits and otherwise
fully replaced retirement, severance and survivor benefits negotiated in earlier
agreements of the parties (the "Buyout 401(a) Plan"). Except as otherwise provided
herein, the Board shall determine the terms and conditions for the administration and
operations of the Buyout 401(a) Plan.
1. Buyout Contributions. No further buyout contributions will be made to the Buyout
401(a) Plan. However, participants in the Buyout 401(a) Plan may share in future
reallocations of forfeitures of the accounts of participants, as provided below.
2. Separate Accounts. The Buyout 401(a) Plan and Matching 401(a) Plan may be
combined in the same plan document. However, Buyout 401(a) Plan
contributions will be maintained separate from Matching 401(a) Plan
contributions and amounts contributed to the Buyout 401(a) Plan for each
employee will be invested in a separate account. There will be no commingling
of accounts and each employee may determine how his or her account shall be
invested among the investment options made available by the selected
investment vendor for the Buyout 401(a) Plan.
3. Vesting Requirements. Except as otherwise specifically provided herein, upon
retirement, severance, or other termination of employment from Corporation, a
bargaining unit member shall be fully (100%) vested in the contributions, if any,
made on behalf of the bargaining unit member to the Buyout 401(a) Plan
("Buyout Contributions"), together with any earnings thereon, if the bargaining
unit member has satisfied the following requirements as of the 12-month period
ending June 30 of the year of the bargaining unit member's retirement,
severance, or other termination of employment. Prior to the completion of these
requirements, a bargaining unit member is not even partially vested in the
benefits described hereinafter. (For purposes of Section C, retirement,
severance or other termination of employment shall be collectively referred to as
"Retirement".)
i. Years of Service. At retirement, a bargaining unit member must have
completed at least ten (10) continuous years of service with Corporation.
As used in this Section C, "continuous years of service" means the
number of consecutive years of employment as a certified employee in
Corporation. Approved leaves of absences not exceeding one (1) year
shall not be considered to be a break in continuous employment for the
purpose of determining "continuous years of service". A certified employee
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on an approved leave of absence will not receive completed years of
service credit for vesting purposes for the time of the approved leave.
ii. Indiana State Teachers' Retirement Fund Eligibility. Even if a retired
bargaining unit member has otherwise completed at least ten (10) or more
continuous years of service, a retired bargaining unit member shall remain
0% vested unless the retired bargaining unit member shall also have
qualified for full benefits from the Indiana State Teachers' Retirement
Fund.
4. Forfeitures. If a bargaining unit member terminates employment before
satisfaction of the applicable vesting requirements, for any reason, the
terminated bargaining unit member's Buyout 401(a) Plan account shall be
forfeited. The forfeited amounts shall not be returned to the Corporation. Instead,
forfeited amounts shall be reallocated at the end of each plan year only among
the then remaining separate Buyout 401(a) Plan accounts in the same manner
as was used by the Board's actuary in originally determining the present value of
the eligible bargaining unit members' retirement bridge benefits. Therefore, the
Buyout 401(a) Plan accounts of the following bargaining unit members will not
share in the reallocation of a forfeiture of a Buyout 401(a) Plan account:
i. Bargaining unit members for who no Buyout Contributions were
previously allocated to the Buyout 401(a) Plan;
ii. Bargaining unit members who have forfeited their Buyout 401(a) Plan
accounts in the same year;
iii. Bargaining unit members who previously forfeited their Buyout 401(a)
Plan accounts; and
iv. Bargaining unit members who have terminated employment before the
year of the reallocated forfeiture.
Forfeited amounts shall not be reinstated for a rehired bargaining unit member,
nor shall a rehired bargaining unit member be credited with any continuous
years of service completed before the date of rehire.
5. Commencement of Distributions/Payments. Vesting shall not be synonymous
with the term "payable" or any other term describing a right to receive the
amount that vests. A bargaining unit member may have a vested right to an
amount that is not payable at the time of vesting.
i. General Rule. Subject to any limitations described herein, vested
Buyout Contributions, as well as any earnings thereon, shall generally be
available for distribution within a reasonably practicable time thereafter
following the later the end of the school year in which the bargaining unit
member retires.
ii. Notice Requirement. A retiring bargaining unit member must submit a
written notice of intent to retire to the Superintendent's Office. In the event
a retiring bargaining unit member is unable to give the required notice
because of an accident, ill health, or for another unforeseen reason, the
Bargaining unit member may petition the Board to not delay the
commencement of any distribution. A bargaining unit member may
rescind a previously accepted Notice of Intent to Retire at any time before
the first day of the semester of the bargaining unit member's proposed
final year of employment by Corporation. However, a rescinded notice is
not, thereafter, effective for purposes of this item b.
iii. Death. Following the death of a bargaining unit member, who had
otherwise satisfied the foregoing vesting requirements in Subsection C3,
any amounts remaining in the deceased bargaining unit member's Buyout
401(a) Plan account are then available for distribution to the decedent's
designated beneficiary.
iv. Permanent Disability. A bargaining unit member who has fully satisfied
the vesting requirements in Subsection C3 and becomes permanently
disabled while employed by Corporation shall, upon proof of permanent
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disability, be eligible to commence distributions of his/her vested Buyout
401(a) Plan account.
"Permanent disability" for purposes of this determination means an
inability to perform a least one essential function of the bargaining unit
member's position with reasonable accommodation confirmed through
work experience by an experienced health care provider.
v. Loans. At no time may a bargaining unit member borrow from his/her
account or pledge or assign his/her Buyout 401(a) Plan account as
security or collateral for any debt.
vi. Costs. The Corporation shall not be paid any compensation for its
services performed on behalf of the Buyout 401(a) Plan. However, to the
extent allowed by applicable law, the Corporation shall be reimbursed for
its reasonable expenses incurred in the administration of the Buyout
401(a) Plan. All costs incurred in the administration of the Buyout 401(a)
Plan and investment fees shall be paid from the Buyout 401(a) Plan
assets in a reasonable manner as determined by the Corporation.
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ARTICLE VII
SUMMER SCHOOL
A. A summer school teacher shall be issued a supplemental service contract and shall be
paid for each hour of instruction at their hourly rate. This provision shall apply only to
bargaining unit members who teach courses which qualify for reimbursement from the
State of Indiana and/or the awarding of credit from Noblesville High School.
B. A summer school teacher shall receive a sick leave day/PTO day (beginning summer
2025) in proportion to the length of the summer school day.
C. Bargaining unit members who use earned PTO, personal leave or accumulated sick
leave during a summer school session shall be charged in proportion to the length of
the summer school day.
D. Bargaining unit members who are assigned an online summer school course with at
least 40 students will be paid 10 additional hours for this assignment at the bargaining
unit member's hourly rate.
E. Current Corporation bargaining unit members who substitute in a summer school
course for which they are licensed will be paid for each hour of instruction at an hourly
rate based on their regular bargaining unit member's base contract salary.
F. Summer school pay dates are determined based on how the teaching schedule aligns
with the bi-weekly pay calendar. Therefore, summer school pay dates will vary
throughout the summer depending on the time and length of the elementary, middle
and/or high school program offered. Each summer school teacher's individual schedule
will determine the pay dates they will receive payment. Based on the teacher's
individual schedule, summer school payments will be processed within the range of the
last pay in June, the two pays in July, and the first pay in August.
G. In consultation with the bargaining team, an ad hoc Summer School Committee will be
assembled in October 2023 to review summer school practices and procedures and
make recommendations prior to the 2025 statutory bargaining period.
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ARTICLE VIII
GRIEVANCE PROCEDURE
A. Definition of Grievance
A grievance is defined as an alleged violation of a specific article or section of this
agreement. If any such grievance arises, there shall be no stoppage or suspension of
work because of such grievance, but such grievance shall be submitted to the following
grievance procedures.
B. Step One
Within ten (10) working days of the time the employee knew or should have known of
the act or condition upon which the grievance is based, the employee, either personally
or accompanied by a Forum representative, will discuss the grievance with her/his
principal during lunch, break times, or after working hours.
Within ten (10) working days after receiving the grievance, the principal shall present to
the employee his/her oral response.
C. Step Two
If the grievance is not resolved in Step One, the employee may, within ten (10) working
days of receipt of the principal's oral answer, submit to the principal a written
"statement of grievance" signed by the employee. The form to be used for this
"statement of grievance" appears in Appendix C of this agreement. A copy shall be
given to the principal involved at the time. The "statement of grievance" shall name the
employee involved, shall state the facts giving rise to the grievance, shall identify by
appropriate reference all the provisions of this agreement alleged to be violated, shall
state the contention of the employee with respect to these provisions, and shall indicate
the relief requested.
The principal or his/her designated representative shall give the employee an answer in
writing no later than ten (10) working days after receipt of the written grievance. If
further investigation is needed, additional time may be allowed by mutual agreement of
the Superintendent and the employee.
D. Step Three
If the grievance is not resolved in Step Two, the employee may within ten (10) working
days of the receipt of the principal's answer submit the grievance to the
Superintendent. The Superintendent or administrative assistant and the employee shall
meet within a reasonable time, after school hours, not to exceed ten (10) working days
unless a longer time is mutually agreed upon between the parties to discuss the
grievance.
The Superintendent shall respond to the grievance, in writing, within five (5) working
days after the aforementioned meeting. If a grievance concerns bargaining unit
members from more than one (1) building, the bargaining unit members may file the
grievance with the Superintendent and by-pass Steps One and Two of this procedure.
Group grievances, as defined in this section, shall be filed within ten (10) working days
of when the employees knew or should have known of the act or condition upon which
the grievance is based. The grievants shall have the option to file the grievance on a
single form, but each grievant shall be required to sign the group grievance form to
affirm his/her participation in the group grievance. Concerns representing more than
one building may be addressed through a group meeting with all grievants in
attendance.
E. Step Four
If a satisfactory disposition of the grievance is not made as a result of the meeting
provided for in Step Four, the Forum and the Board shall within ten (10) working days
proceed as follows to establish an arbitration committee:
1. The Board shall appoint a member of the Board.
25
2. The Forum shall appoint a member of the Forum who is an employee of the
Corporation.
3. The two (2) above appointed committee members shall, within thirty (30) days,
appoint a mutually agreed upon third member who resides within the district.
4. The arbitration committee shall, within thirty (30) days after finalization of
committee membership, conduct a hearing at which both the grievant and the
administration may present evidence and question witnesses. The committee
shall render its written decision within ten (10) days of the hearing. The decision
shall be binding upon both parties.
F. Miscellaneous Provisions
The grievance must be appealed by the grievant to the next level within the specified
time limit for that level or said grievance shall be deemed resolved by the school
employer's answer at the previous level and abandoned.
If the administrative participants in Step One, Two, or Three are not available within the
prescribed time, the grievance will proceed to the next level.
The proceedings and determination as a result of any grievance shall not become part
of the personal file of the participant.
No reprisal shall be taken against any participant in the grievance procedure by reason
of such participation.
All grievances filed and in process prior to the expiration date of the present agreement
shall be processed to completion.
At any Step in the grievance procedure, the employee may be accompanied by a Forum
representative at the employee's request.
At any Step in the grievance procedure, timelines may be extended by mutual
agreement of the parties.
26
M
i
m
APPENDIX B
ECA COMMITTEE MASTER DOCUMENT
The number of positions listed below are for informational purposes only and were
not bargained.
2023-2024 School Year
Category
Index
Amount*
Category I
25.00%
$11,500
Category II
18.50%
$8,510
Category III
13.50%
$6,210
Category IV
10.50%
$4,830
Category V
9.00%
$4,140
Category VI
8.00%
$3,680
Category VII
7.00%
$3,220
Category VIII
5.50%
$2,530
Category IX
4.00%
$1,840
Category X
3.25%
$1,495
Category XI
2.50%
$1,150
Category XII
1.75%
$805
*Amount determined by multiplying index and B-0 salary.
2024-2025 School Year
Category
Index
Amount*
Category I
25.00%
$12,000
Category II
18.50%
$8,880
Category III
13.50%
$6,480
Category IV
10.50%
$5,040
Category V
9.00%
$4,320
Category VI
8.00%
$3,840
Category VII
7.00%
$3,360
Category VIII
5.50%
$2,640
Category IX
4.00%
$1,920
Category X
3.25%
$1,560
Category XI
2.50%
$1,200
Category XII
1.75%
$840
*Amount determined by multiplying index and B-0 salary.
Academic
Position Title
# of Positions
Category
6650
HS Academic Competition
Coordinator
1
VIII
6661
HS Academic Competition Coach
4
VIII
6710 (Art), 6700 (I.T.)
HS Open Lab Supervision
(2 Art, 2 Ind. Tech)
4
IX
6668
HS Spell Bowl Coach
3
IX
8850
MS Academic Team Chair - 6
8
X
8851
MS Academic Team Chair - 7
8
X
8852
MS Academic Team Chair - 8
8
X
8650
MS Academic Competition
2
X
29
Athletic Training
Position Title
# of Positions
Category
2002
HS Athletic Weight Trainer -
1st Semester
1
II
2002
HS Athletic Weight Trainer -
2nd Semester
1
II
2002
HS Athletic Trainer -
Summer
1
II
Band/Guard/Percussion
Position Title
# of Positions
Category
1300
HS Marching Band Director
1
I
1301
HS Assistant Marching Band Director
2
III
6750
HS Director of Bands
1
II
6755
HS Associate Director of Bands
1
III
6760
HS Assistant Band Director
1
IV
6875
HS Marching Band Percussion
Director
1
III
6874
HS Assistant Marching Band
8
V
6876
HS Marching Guard Director
1
III
6861
HS Winter Guard Director
1
III
6870
HS Assistant Winter Guard
2
IX
6765
HS Percussion Director
1
III
6860
HS Winter Percussion Director
1
III
6862
HS Assistant Winter Percussion
2
IX
6666
HS Jazz Band Director
1
II
6761
HS Assistant Jazz Band Director
1
X
8791
MS Band Director
2
V
8792
MS Assistant Band Director
2
VII
Baseball
Position Title
# of Positions
Category
2600
HS Head Baseball
1
II
2610 (Va), 2620 (JV)
HS Assistant Baseball
4
V
2640
HS Head Freshman Baseball
1
V
2630
HS Assistant Freshman Baseball
1
VII
4700
MS Head Baseball - 8
2
VI
4705
MS Assistant Baseball - 8
2
VIII
4710
MS Head Baseball - 7
2
VI
4715
MS Assistant Baseball - 7
2
VIII
Basketball
Position Title
# of Positions
Category
2200
HS Head Boys Basketball
1
I
2210 (Va), 2220 (JV)
HS Assistant Boys Basketball
3
III
2240
HS Head Freshman Boys Basketball
1
IV
2250
HS Assistant Freshman Boys
Basketball
1
VII
30
3100
HS Head Girls Basketball
1
I
3110 (Va), 3120 (JV)
HS Assistant Girls Basketball
3
III
3140
HS Head Girls Freshman Basketball
1
IV
3150
HS Assistant Freshman Girls
Basketball
1
VII
4300
MS Head Boys Basketball - 8
2
V
4310
MS Assistant Boys Basketball - 8
2
VII
4320
MS Head Boys Basketball -7
2
V
4330
MS Assistant Boys Basketball - 7
2
VII
5100
MS Head Girls Basketball - 8
2
V
5110
MS Assistant Girls Basketball - 8
2
VII
5120
MS Head Girls Basketball - 7
2
V
5130
MS Assistant Girls Basketball - 7
2
VII
Cheerleading
Position Title
# of Positions
Category
6550
HS Head Cheerleading
1
II
6560
HS Assistant Cheerleading
3
V
8250
MS Head Cheerleading - 8
2
V
8260
MS Head Cheerleading - 7
2
V
Choir
Position Title
# of Positions
Category
6800
HS Choir Director
1
II
6805
HS Assistant Choir Director
1
IV
8300
MS Choir Director
2
V
8305
MS Assistant Band Choir Director
2
XI
Clubs
Position Title
# of Positions
Category
7000
HS Clubs
29
X
6300
HS National Honor Society
2
IX
6350
HS Esports
2
VIII
8700
MS Club - Level 1
16
X
8000
MS Club - Level 2
10
XI
8750
MS Rainforest
2
X
10050-10056
(HDE, HCE, NE, NCE,
PRE, SCE, WRE)
Elementary Club - Level 1
14
XI
10070-10076
(HDE, HCE, NE, NCE,
PRE, SCE, WRE)
Elementary Club - Level 2
98
XII
Cross Country
Position Title
# of Positions
Category
2400
HS Head Boys Cross Country
1
II
31
2410
HS Assistant Boys Cross Country
3
V
3700
HS Head Girls Cross Country
1
II
3710
HS Assistant Girls Cross Country
3
V
4200
MS Head Boys Cross Country
2
VI
4250
MS Assistant Boys Cross Country
2
VIII
4210
MS Head Girls Cross Country
2
VI
4260
MS Assistant Girls Cross Country
2
VIII
Dance
Position Title
# of Positions
Category
6780
HS Head Dance Team
1
II
6790
HS Assistant Dance Team
2
V
5401
MS Head Dance Team
2
VII
Department Chair
Position Title
# of Positions
Category
1010
HS Department Chair -
English/Language Arts
1
III
1020
HS Department Chair - Math
1
III
1021
HS Department Chair - Science
1
IV
1022
HS Department Chair - Social
Studies
1
IV
1030
HS Department Chair - Business
1
V
1031
HS Department Chair -
Foreign Language
1
IV
1033
HS Department Chair - Guidance
1
IV
1034
HS Department Chair - Resource
1
III
1040
HS Department Chair - Family and
Consumer Sciences
1
VI
1041
HS Department Chair -
Performing Arts
1
V
1042
HS Department Chair - Art
1
V
1043
HS Department Chair - ML/ELL
1
IV
1050
HS Department Chair - Wellness
1
V
1051
HS Department Chair - Applied Stem
1
V
1110
Secondary Department Chair -
Media Specialist
1
VI
8811
MS Department Chair - Language
Arts
2
V
8812
MS Department Chair - Math
2
V
8813
MS Department Chair - Science
2
V
8814
MS Department Chair - Social
Studies
2
V
8815
MS Department Chair -
Special Education
2
V
8800
MS Department Chair - Guidance
2
VIII
8810
MS Department Chair - Wellness
2
VIII
32
Football
Position Title
# of Positions
Category
2100
HS Head Football
1
I
2110
HS Assistant Football
7
III
2120
HS Freshman Football
2
IV
2122
HS Assistant Freshman Football
3
VII
4100
MS Head Football - 8
2
V
4111
MS Assistant Football - 8
4
VII
4120
MS Head Football - 7
2
V
4131
MS Assistant Football - 7
4
VII
Golf
Position Title
# of Positions
Category
2800
HS Head Boys Golf
1
II
2810
HS Assistant Boys Golf
2
V
3600
HS Head Girls Golf
1
II
3610
HS Assistant Girls Golf
2
V
5500
MS Head Boys Golf
2
VI
5505
MS Assistant Boys Golf
2
VIII
5520
MS Head Girls Golf
2
VI
5525
MS Assistant Girls Golf
2
VIII
Gymnastics
Position Title
# of Positions
Category
3300
HS Head Gymnastics
1
II
3310
HS Assistant Gymnastics
1
V
Instructional
Position Title
# of Positions
Category
6665
HS Internship Coordinator
1
VIII
7309
HS School Improvement
(For 2023-2024 School Year Only)
2
XI
8853
MS School Improvement
(For 2023-2024 School Year Only)
4
XI
10007 - 10014
(HDE, HCE, NE, NCE,
PRE, SCE, WRE)
Elementary Lead Teachers
42
X
10000 - 10006
Elementary School Improvement
(For 2023-2024 School Year Only)
14
XI
1200
FAP/Life Skills Lead Teacher
1
X
1220
SLP Lead Lead Teacher
1
X
33
Other Athletics
Position Title
# of Positions
Category
2020
HS Athletic Ticket Manager
1
III
(Paid from
Athletic Fund)
4022 (EMS),
4024 (WMS)
MS Athletic Events Coordinator -
Fall
2
X
4020 (WMS),
4021 (EMS)
MS Athletic Events Coordinator -
Winter
2
IX
4023 (EMS),
4025 (WMS)
MS Athletic Events Coordinator -
Spring
2
X
Orchestra/Guitar/Piano
Position Title
# of Positions
Category
6850
HS Orchestra Director
1
VII
6849
HS Assistant Orchestra Director
1
X
7307
HS Guitar
1
X
7311
HS Assistant Guitar
1
XII
7308
HS Electronic Music
1
XI
7310
HS Piano
1
XII
8790
MS Orchestra Director
2
VIII
8793
MS Assistant Orchestra Director
2
XII
Performing Arts
Position Title
# of Positions
Category
6420
HS Auditorium Manager
1
II
6430
HS Speech/Debate Team Coach
1
VII
6667
HS Speech/Debate Assistant Coach
2
VIII
6410
HS Director - School Play
2
IX
6820
HS Musical Director
1
VIII
6830
HS Musical Pit Orchestra Director
1
IX
6840
HS Musical Assistants
(Choreographer, Sound Design, Stage
Manager, Vocal Coach, Costume Designer)
5
X
Publications
Position Title
# of Positions
Category
6460
HS Yearbook
1
IV
6450
HS Newspaper
1
VII
7200
HS Literary Magazine
2
IX
Soccer
Position Title
# of Positions
Category
2900
HS Head Boys Soccer
1
II
2910
HS Assistant Boys Soccer
2
V
2920
HS Head Freshman Boys Soccer
1
V
3900
HS Head Girls Soccer
1
II
3910
HS Assistant Girls Soccer
2
V
3920
HS Head Freshman Girls Soccer
1
V
34
Softball
Position Title
# of Positions
Category
3800
HS Head Softball
1
II
3810 (Va), 3820 (JV)
HS Assistant Softball
4
V
3830
HS Head Freshman Softball
1
V
3840
HS Assistant Freshman Softball
1
VII
5400
MS Head Softball - 8
2
VI
5405
MS Assistant Softball - 8
2
VIII
5410
MS Head Softball -7
2
VI
5415
MS Assistant Softball - 7
2
VIII
Student Government
Position Title
# of Positions
Category
6600
HS Student Government
2
IX
6910
HS Class Sponsor - Senior
2
IX
6920
HS Class Sponsor - Junior
2
IX
6930
HS Class Sponsor - Sophomore
1
IX
6950
HS Class Sponsor - Freshman
1
IX
8200
MS Student Council Assistant
2
X
Swimming
Position Title
# of Positions
Category
2700
HS Head Boys Swimming
1
II
2701
HS Head Girls Swimming
1
II
2710
HS Assistant Swimming
3
V
Tennis
Position Title
# of Positions
Category
2500
HS Head Boys Tennis
1
II
2510
HS Assistant Boys Tennis
1
V
3500
HS Head Girls Tennis
1
II
3510
HS Assistant Girls Tennis
1
V
4900
MS Head Boys Tennis
2
VI
4920
MS Assistant Boys Tennis
2
VIII
4910
MS Head Girls Tennis
2
VI
4940
MS Assistant Girls Tennis
2
VIII
Track
Position Title
# of Positions
Category
2450
HS Head Boys Track
1
II
2460
HS Assistant Boys Track
4
V
3400
HS Head Girls Track
1
II
3410
HS Assistant Girls Track
4
V
4600
MS Head Boys Track
2
VI
35
4610
MS Assistant Boys Track
4
VIII
5300
MS Head Girls Track
2
VI
5310
MS Assistant Girls Track
4
VIII
Unified Sports
Position Title
# of Positions
Category
2425
HS Head Unified Flag Football
1
V
2430
HS Assistant Unified Flag Football
1
VII
2420
HS Head Boys/Girls Unified Track
1
V
2435
HS Assistant Boys/Girls Unified
Track
2
VII
Volleyball
Position Title
# of Positions
Category
3010
HS Head Volleyball
1
II
3040
HS Head Freshman Volleyball
1
V
3020 (Va), 3030 (JV)
HS Assistant Volleyball
2
V
5010
MS Volleyball - 8
2
VI
5030
MS Assistant Volleyball - 8
2
VIII
5020
MS Volleyball - 7
2
VI
5040
MS Assistant Volleyball - 7
2
VIII
Wrestling
Position Title
# of Positions
Category
2300
HS Head Wrestling
1
II
2310
HS Assistant Wrestling
3
V
2320
HS Head Freshman Wrestling
1
V
4400
MS Head Wrestling
2
VI
4410
MS Assistant Wrestling
2
VIII
36
APPENDIX C
GRIEVANCE FORM
STEP II
A grievance is defined as an alleged violation of a specific article or section of this
agreement or an alleged violation of the evaluation procedure as adopted by the Board or in
administrative regulation. The "statement of grievance" shall name the employee involved,
shall state the facts giving rise to the grievance, shall identify by appropriate reference all
the provisions of this agreement alleged to be violated, shall state the contention of the
employee with respect to these provisions, and shall indicate the relief requested.
Grievance # ________________________ Distribution:
1. Principal
2. Superintendent
3. Forum President
4. Bargaining unit member
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Building Assignment
________________________ ________________________
Name of Grievant Date Filed
________________________ ________________________
I. Date cause of grievance occurred
__________________________________________________________
II. 1. Identify the appropriate provision(s) alleged to be violated.
__________________________________________________________
__________________________________________________________
__________________________________________________________
2. Statement of facts leading to the grievance and the relief sought.
__________________________________________________________
__________________________________________________________
__________________________________________________________
________________________ ________________________
Signature of Grievant Date
III. Disposition of Principal
__________________________________________________________
__________________________________________________________
__________________________________________________________
________________________ ________________________
Signature of Principal Date
For additional space, attach sheets to this form.
37
