5050 - Contracts
BOARD POLICY No. 5050
The district will contract annually with each applicable staff member. Such contract will be in conformity with state law and the policies and negotiated agreements of the district. The contract will be binding on the district and on the staff member and may not be abridged or abrogated during its term by either party except by mutual consent or as may be provided elsewhere in board policy or in negotiated agreements.
The contracts for certificated staff will be written for a period not to exceed one year. Upon the recommendation of the superintendent contracts for selected classified staff may be in writing and/or for a specific period of time not to exceed one year. Otherwise the employment of classified staff will be on a month‑to‑month basis commencing from the first day of work.
Supplemental contracts, which are not subject to the continuing contract statute, will be issued for services to be rendered in addition to a staff member's normal "full‑time" assignment.
Certificated Staff Contracts
The district, upon recommendation of the superintendent/designee and approval by a majority of the board of directors, will offer a certificated staff contract to the applicant so recommended and approved, such contract to state the salary to be paid based upon the applicable salary schedule, the number of days of service, effective date and term of the contract and to include the following statement:
"Failure to return this contract within ten (10) days of the above date of issuance will constitute a resignation or non-acceptance of employment or reemployment."
The contract will also include the following statement:
“This contract replaces the prior individual contract for the _________ school year.” And when applicable: “This contract will be subject to the terms and conditions of any collective bargaining agreement between the district and the organization certified or recognized as the negotiating representative for the certificated staff employed by the board. In the event that any of the provisions of this individual staff member contract shall be inconsistent with the provisions of any such collective bargaining agreement, then the terms of the collective bargaining agreement prevail.”
Provisional Employment
The district will issue to certificated first, second and third year teaching or other non-supervisory certificated staff a "provisional contract" for "provisional employees" who are subject to non-renewal of employment as provided by law for such staff members. Staff who have completed a two-year provisional term with another Washington State school district will be provisional employees only during their first year with the district. Such "provisional contract" will include the following rider: “It is understood and agreed that the staff member has not completed three years of employment in a Washington state public school district and that the provisions of RCW 28A.405.220 are applicable during the first three years of certificated employment of the staff member by the district or the first year of employment with the district if the staff member has completed at least two years of employment in another Washington state public school district.”
The superintendent may remove an employee from provisional status if the employee receives one of the top two evaluation ratings during the second year of employment in the district.
Retire-Rehires and Persons Replacing Certificated Staff on Leave
The district will issue one-year, non-continuing contracts to persons who have retired from a certificated position in the state of Washington and are returning to employment under the “retire-rehire” provisions of state law. The district will issue "replacement employee" contracts upon the recommendation of the superintendent/designee and action of the board, to certificated staff who replace certificated staff who have been granted leaves. Such contracts shall be for the duration of the leave only and are not subject to the terms of the Continuing Contract Law. Such contracts will clearly state the terms and conditions of the contract. These contracts will include the following rider:
“It is understood and agreed that the staff member is employed pursuant to the provisions of RCW 28A.405. In accordance with the provisions of RCW 28A.405.900, this contract expires automatically at the end of the contract terms set forth herein and is not subject to the provisions of RCW 28A.405.210.”
Adjustments
The district will provide for the review and adjustment of certificated staff contracts on the basis of information filed with the personnel office by September 10 for reimbursement in September and no later than October 1 for October payroll. The staff member will provide human resources, according to schedule, with the required information, including official college or university transcripts, official records of degrees completed, official records of approval and completion of authorized work for equivalent credits and all other pertinent data for contract adjustment purposes.
Supplemental Employment Agreements
The district will issue separate supplemental employment agreements as appropriate to certificated staff for service to be rendered in excess of a normal "full-time" assignment or for service to be rendered beyond the scheduled staff day or for service to be performed beyond the scheduled staff year. Supplemental contracts will also be issued for co-curricular activities and special responsibility assignments. Separate agreements will not exceed one year and if not renewed will not constitute an adverse change in contract status. Salary for services performed under supplemental employment agreements will be paid according to the current salary schedule for supervision of co-curricular activities or, in the case of extended time assignments, according to the applicable provisions for payment for the services rendered.
Consultants
Staff consultant services may be obtained when unique knowledge or technical skills are needed. A description of desired services and an estimate of time and costs will be submitted to the superintendent or designee for action. Compensation will be determined by the superintendent or designee, but normally may not exceed that paid to a regular staff member with comparable duties. The honorarium paid to a consultant will be determined by the superintendent or designee, taking into account cost incurred and benefits derived therefrom. Compensation classification of a consultant on a personal services contract or payroll will be determined in compliance with the guidelines of the Internal Revenue Service.
Title I Employees
All paraprofessionals providing instructional support in a program supported by Title 1 funds hired after January 8, 2002 will have a secondary school diploma or a recognized equivalent and one (1) of the following:
1. Completed at least two (2) years of study at an institution of higher learning;
2. Obtained an associate’s or higher degree; or
3. Met a rigorous standard of quality through a formal state or local assessment.
Paraprofessionals who are hired primarily as translators or solely to conduct family involvement activities do not need to meet these requirements. However, they must have earned a secondary school diploma or its recognized equivalent.
Cross References:
Board Policy 5280 Termination of Employment
Legal References:
RCW28A.330.100 Additional powers of the board
28A.400.300 Hiring and discharging employees--Leaves for employees--Seniority and leave benefits, retention upon transfer between schools
28A.400.315 Employment contracts [not retroactive]
28A.405.210 Conditions and contracts of employment--Determination of probable cause for non-renewal of contracts--Notice--Opportunity for hearing
28A.405.220 Conditions and contracts of employment--Non-renewal of provisional employees--Procedure
RCW28A.405.240 Conditions and contracts of employment--Supplemental contracts, when--Continuing contract provisions, not applicable to
28A.405.900 Certain certificated employees exempt from chapter provisions
20 U.S.C. 6319 Qualifications for teachers and paraprofessionals
Adopted by the Board: July 16, 2002
Revised: September 17, 2002
Revised: February 27, 2018
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