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.

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 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 is 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 the sixth 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 neglect of duty, or conviction of a felony and as otherwise set forth in this Agreement. Upon dismissal, the teacher shall be presented with a written statement of the reasons for such action.

5a. Discharge, when based upon incompetency or serious neglect of duty 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.

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 a written record (Exhibit E) to the department head 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. In the event a teacher is Pennsylvania certified, these hours may be applied to the required Act 48 hours.

9. The System shall continue the Evaluation Process, the procedures of which shall be uniform throughout the System.

All teachers are to be evaluated according to the Evaluation Process using the Pennsylvania Department of Education Form PDE-426, as modified.

The semester evaluations of tenured teachers will be alternated between an administrator and the respective department head.

The Evaluation Process shall remain in effect for the term of this Agreement.

9a. A tenured teacher receiving two (2) unsatisfactory evaluations in one (1) year shall be notified by the Principal that he/she will be evaluated for a full year by the Principal, the department head, and a department head from another school within the appropriate academic area. The selection of the department head shall be made by the System in consultation with the Association.

9b. An Evaluation Advisory Committee, as defined in Article XV, Section 8, shall be established.

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.

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Association of Catholic Teachers • Local 1776
1700 Sansom Street • Suite 903 • Philadelphia, PA 19103
Phone: 215-568-4175 • E-Mail info@act1776.com
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