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ARTICLE IV
Tenure
1. A teacher hired prior to June 16, 2006 possessing at least a Bachelor's Degree from an accredited four-year college shall have the right of tenure herein set forth after the completion of six (6) teaching semesters of satisfactory teaching in the System. The teacher shall then receive a certificate of tenure within ninety (90) days of the completion of the six (6) teaching semesters.
Except as modified below, teachers hired for the 2006-2007 school year and thereafter must possess Pennsylvania state certification in order to obtain the right of tenure herein set forth after the completion of six (6) teaching semesters of satisfactory teaching in the System. The teacher shall then receive a certificate of tenure within ninety (90) days of the completion of the sixth teaching semester.
Except as modified below, teachers hired for the 2012-2013 school year and thereafter must possess and maintain Pennsylvania State Secondary Certification in order to obtain the right of tenure herein set forth after the completion of six (6) teaching semesters of Distinguished and/or Proficient teaching in the System. The teacher shall then receive a certificate of tenure within ninety (90) days of the completion of the sixth teaching semester.
Diocesan certification for teachers of Theology in the System shall be granted if the teacher possesses a competency in Theology (twenty-four (24) credits from a Catholic college or university) and eighteen (18) credits in Education from an accredited college or university.
1a. A teacher eligible for tenure may be retained on probation without being granted tenure at the conclusion of his/her sixth teaching semester for an additional two (2) semesters.
A teacher who is to be retained on probation without tenure for two (2) additional semesters must be given notice to that effect at least fifteen (15) days prior to the end of his/her sixth teaching semester. Such notice shall contain the reasons the System has for placing the teacher on probation and shall be interpreted to include but not be limited to evaluation reports and notices of deficiency. The reasons cited within the notice shall not be a matter for the grievance procedure. A teacher receiving such notice may request in writing a meeting with the Committee for Review, as defined in Article XV, Section 4, to discuss his/her case. The teacher may have an official of the Association with him/her at this meeting. This meeting shall be held within fifteen (15) days from the date that the request was received.
If the teacher is retained for the seventh semester and a probation notice has not been given within the required time at the conclusion of the sixth teaching semester, then the teacher shall automatically be granted tenure. The teacher shall then receive a certificate of tenure within ninety (90) days of the completion of the sixth teaching semester.
1b. Teachers placed on probation shall be assigned a lead teacher as described in Article XVI, Section 7.
1c. Teachers on probation shall automatically be granted tenure at the conclusion of their second semester on probation unless the procedures for non-renewal of contract contained in Sections 3, 4 and 4a below have been followed. The teacher shall then receive a certificate of tenure within ninety (90) days of the completion of the second semester on probation.
1d. Those teachers not possessing at least a Bachelor’s Degree from an accredited four-year college who have either obtained certification or have completed four (4) years in the System shall be deemed tenured. This means that, although the teacher does not actually possess tenure, the rights of tenure enumerated in the contract shall accrue to him/her.
2. During the period of any annual contract, non-tenured teachers may not be dismissed except upon just cause.
3. Any non-tenured teacher whose contract is not to be renewed shall be notified to that effect in writing at least fifteen (15) days prior to the last day of that teaching semester.
4. Notification of probation or non-renewal shall be preceded by a written notice of unsatisfactory performance given to the teacher as soon as possible, but no later than thirty (30) school days prior to the probation or non-renewal notice unless the cause for such action specifically arises after this date. This notice shall contain reasons the System has for considering the teacher unsatisfactory, and shall be interpreted to include but not be limited to the evaluation reports and notices of deficiency to that effect. The reasons cited within such a notice shall not be a matter for the grievance procedure.
4a. However, a non-tenured teacher who has received a non-renewal notice may request in writing a meeting with the Committee for Review to discuss his/her case. The teacher may have an official of the Association with him/her at the meeting. This meeting shall be held within fifteen (15) days from the date that the request was received. The request must be submitted no later than ten (10) days after the non-renewal notice is received.
The determination on such review is not subject matter for the grievance procedure.
5. A teacher having tenure shall not be discharged except for reasons of serious and public immorality, and/or public rejection of official doctrine or laws of the Church, gross insubordination, incompetency, serious and/or continuous neglect of duty, violating the Standards of Ministerial Behavior and Boundaries, repeated failure to observe and abide by System or school policies and procedures, or conviction of a felony and as otherwise set forth in this Agreement. Applicable System policies shall be given to each teacher at the beginning of each school year in paper or a removable data storage device. A copy shall also be forwarded to the Association at the time it is given to the teachers. Applicable school policies shall be contained in the local faculty handbook and distributed to the teachers at the beginning of each school year. Each teacher shall acknowledge in writing the receipt of the applicable System policies and the handbook and any updates thereto. Upon dismissal, the teacher shall be presented with a written statement of the reasons for such action.
5a. The grievance procedure as set forth in the Labor-Management Agreement shall be suspended and shall not apply to a teacher placed on administrative leave with pay and benefits as a result of allegations of:
(i) a violation of the Standards of Ministerial Behavior and Boundaries;
(ii) engagement in activities of the type that is required to be reported under the Pennsylvania Child Protective Services Law;
(iii) instances where a teacher is identified by law enforcement authorities as having engaged in one or more criminal acts as set forth in the Reported Enumerated Offenses; or
(iv) criminal activity made against them by law enforcement authorities.
For claims concerning sexual misconduct and upon placing the teacher on administrative leave, the Superintendent of Secondary Schools or his/her designee shall meet with the Association and the teacher within a reasonable amount of time to resolve the matter. The System will receive, retain and seriously consider all evidence presented by the Association or the teacher at the meeting. The System will also present all evidence within its possession to the Association and the teacher at the meeting.
If the Superintendent of Secondary Schools decides to terminate the teacher, a written decision on the matter, together with supporting reasons, shall be given to the teacher and the Association within ten (10) school days after the meeting.
If the Association or the teacher is not satisfied with the decision of the Superintendent of Secondary Schools to terminate the teacher, the decision may be submitted to the Secretary for Catholic Education for review. The Secretary for Catholic Education shall review the Superintendent’s written decision and all evidence previously received by the Superintendent of Secondary Schools. A meeting shall be held if requested by the teacher or the Association.
Within ten (10) school days, the Secretary for Catholic Education shall render a final and binding decision to uphold or overturn the decision to terminate the teacher. The decision of the Secretary for Catholic Education shall not be subject to the provisions of Article XIV of the Labor-Management Agreement.
Notwithstanding the provisions of this section, teachers determined to be guilty of a crime by civil authorities shall not have recourse to the provisions of Article XIV of the Labor-Management Agreement.
Once the investigation and/or criminal proceedings (including appeals, if any) of any such allegation(s) is/are completed, and a final determination (i.e. assignment of any discipline) has been issued by the System and/or civil authorities, the teacher shall then again have recourse to the provisions of Article XIV of the Labor-Management Agreement.
If the teacher is found to have committed sexual misconduct that resulted in any disciplinary action(s) short of termination, such disciplinary measures are subject to the provisions of the Labor-Management Agreement.
5b. If the teacher is suspended without pay and/or benefits as a result of allegations of:
(i) a violation of the Standards of Ministerial Behavior and Boundaries;
(ii) engagement in activities of the type that is required to be reported under the Pennsylvania Child Protective Services Law;
(iii) instances where a teacher is identified by law enforcement authorities as having engaged in one or more criminal acts as set forth in the Reported Enumerated Offenses; or
(iv) criminal activity made against them by law enforcement authorities, then the terms of the grievance procedure as set forth in the Labor-Management Agreement shall apply.
5c. Discharge, when based upon incompetency, continuous neglect of duty or repeated failure to abide by or observe applicable System and/or school policies and procedures as defined in Article IV, Section 5, shall be preceded by three (3) written warnings over at least a ninety (90) day period. The last of the three (3) warnings must be given at least thirty (30) days before the end of the ninety (90) day period, and the other two (2) written warnings must be prior to the last and at least ten (10) days apart. Upon dismissal, the teacher shall be presented with a written statement of the reasons for such action.
6. Each newly hired teacher shall participate in the school’s induction program. This program is designed to assist the newly hired teacher during his/her first year of teaching in the System.
Successful completion of the induction program is necessary to be granted tenure.
For the 2011-2012 school year, each newly hired teacher shall utilize one (1) preparation period per week as an audit period. During this period, the newly hired teacher must audit the classes of one (1) of the consenting teachers, preferably of an evaluator, a department head, a lead teacher or some other consenting member of his/her department. Absence from an audit period during the first semester shall be deemed the equivalent of absence from a teaching period. If the newly hired teacher receives a satisfactory rating on his/her first semester evaluation, he/she shall be required to audit only four (4) classes during the second semester. The newly hired teacher must submit to the Principal a written record (Exhibit E) of each class, period, and teacher audited.
Beginning with the 2012-2013 school year, each newly hired teacher shall utilize one (1) preparation period per week as an audit period. During this period, the newly hired teacher must audit the classes of one (1) of the consenting teachers, preferably of an evaluator, a department head, a lead teacher, or some other consenting member of his/her department. Absence from an audit period during the first semester shall be deemed the equivalent of absence from a teaching period. If the newly hired teacher receives a Distinguished, Proficient and/or Basic rating on his/her first semester evaluation, he/she shall be required to audit only four (4) classes during the second semester. The newly hired teacher must submit to the Principal a written record (Exhibit E) of each class, period and teacher audited.
7. The tenure policy herein stated shall not be operative to any extent to which it conflicts with the present or future regulations and requirements of the Pennsylvania Department of Public Education insofar as such regulations and requirements are, or may be, obligatory for the approval of parochial and private schools.
8. The System reserves the right to require Pennsylvania Certification for all its teachers if so required by the Commonwealth of Pennsylvania or by the demands and requirements of other legislation. The System, where possible, will provide certification programs in cooperation with the certifying institutes within the metropolitan area of Philadelphia and the Pennsylvania Department of Public Education. The System shall provide a minimum of twenty-four (24) hours of professional development annually. These hours may qualify toward the required Act 48 hours in the event a teacher has a Pennsylvania instructional certificate.
9. The System shall continue the Evaluation Process, the procedures of which shall be uniform throughout the System.
During the 2011-2012 school year, teachers will be evaluated according to the PDE Form 426 as modified.
Effective with the 2012-2013 school year, all teachers will be evaluated according to the Danielson Framework for Teaching. This includes the use of the Rubrics for Enhancing Professional Practice and the four categories of performance which are Distinguished, Proficient, Basic and Unsatisfactory.
During the 2011-2012 school year, teachers will be in-serviced in the updated Danielson Framework for Teaching protocol and the NETS-T.
Effective with the 2012-2013 school year, this evaluation process, Danielson Framework for Teaching, shall remain in effect for the term of this Agreement. All teachers are to be evaluated in their implementation of the Academic Standards established by the System and the Technology Standards for Teachers (NETS-T).
The semester evaluations of tenured teachers will be alternated between an administrator and the respective department head, provided, however, that following an unsatisfactory evaluation by an administrator, the next administrative evaluation shall be performed by a different administrator.
The Evaluation Process shall remain in effect for the term of this Agreement.9a. A tenured teacher receiving two (2) unsatisfactory evaluations over three (3) semesters shall be notified by the Principal that he/she will be evaluated for a full year by the Principal, the department head and an administrator from another school within the appropriate academic area. A Professional Improvement Plan (PIP), Exhibit L, shall be formulated with the tenured teacher under formal re-evaluation.
9b. The Evaluation Advisory Committee, as defined in Article XV, Section 8, will meet at least one (1) time during each semester of any school year. The scheduling of the meeting(s) will be determined by mutual agreement between the Association and the System.
The Committee’s function is to continue serious dialogue about all aspects of the Evaluation Process.
9c. Administrators and department heads will possess an Archdiocesan Supervisory Certificate in order to evaluate. Effective September 2007, the requirements for an Archdiocesan Supervisory Certificate shall include but not be limited to at least twelve (12) hours of in-service over a three (3) year period with at least two (2) hours of in-service in each succeeding year.