5050 - Contracts

The district shall contract annually with each applicable staff member. Such contract shall be in conformity with state law and the policies and negotiated agreements of the district. The contract shall 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 shall 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 shall 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, shall be issued for services to be rendered in addition to a staff member’s normal “full-time” assignment.

A. Certificated Staff Contracts

The district, upon recommendation and approval of the superintendent, shall 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 shall constitute a resignation or nonacceptance of employment or re-employment.” This contract shall also include the following statement:

“This contract replaces the prior individual contract for the prior school year.”  Employee shall perform such duties as may reasonably be assigned by his or her principal or other supervisor, including such duties as may be prescribed by the applicable collective bargaining agreement between the District and the Association, applicable state and federal statutes and regulations, and district policies, procedures, and regulations.  Employee shall be subject to assignment, reassignment, and transfer by the district superintendent or other designated administrative authority, subject to the limitations of the applicable collective bargaining agreement.  Employee shall be granted all the rights and benefits pursuant to the collective bargaining agreement between the District and the Association.

B. Provisional Employment

The district shall 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 shall be provisional employees only during their first year with the district. Such “provisional con-tract” shall 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 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 rating during the second year of employment in the district.  (Optional—use if district has a four-tier evaluation system.)

C. Retire-Rehires and Persons Replacing Certificated Staff on Leave

The district shall 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 shall issue “replacement employee” contracts upon the recommendation and action of the superintendent, 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 shall clearly state the terms and conditions of the contract. These contracts shall include the following rider:

“This contract, as provided by RCW 28A.405.900, is for the replacement of a regular certificated employee who has been granted a leave of absence, or retirees hired for post-retirement employment.  It is exempt from the continuing contract law, RCW 28A.405.210.  This contract shall expire automatically at the end of the contract term set forth herein.”

D. Adjustments

The district shall provide for the review and adjustment of certificated staff contracts on the basis of information filed with the personnel office on or before November 1.  The staff member shall provide the personnel office, 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.

E. Supplemental Employment Agreements

The district shall issue separate supplemental employment agreements 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 shall not exceed one year, and if not renewed, shall not constitute an adverse change in contract status. Salary for services performed under supplemental employment agreements shall 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.

F. 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 shall be submitted to the superintendent or designee for action. Compensation shall 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 shall be determined by the superintendent or designee, taking into account cost incurred and benefits derived there from. Compensation classification of a consultant on a personal services contract or payroll shall be determined in compliance with the guidelines of the Internal Revenue Service.

G. Title 1 Employees

All teachers working in a program supported with Title 1 funds who were hired on or after the first day of the 2002-2003 school year, shall be highly qualified, as defined by federal law and regulations.

All paraprofessionals providing instructional support in a program supported by Title 1 funds hired after January 8, 2002, shall 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.

Paraprofessional who are hired primarily as translators or solely to conduct family involvement activities do not need to meet the new requirements. However, they must have earned a secondary school diploma or its recognized equivalent.

Cross References: 

Board Policy 5280 - Termination of Employment

Legal References:     

RCW   28A.330.100   Additional powers of the board

RCW   28A.400.300   Hiring and discharging employees — Hiring and discharging of employees – Written leave policies – Seniority and leave benefits of employees transferring between school districts and other educational employers

RCW   28A.400.315   Employment contracts [not retroactive]

RCW   28A.405.210   Conditions and contracts of employment Determination of probable cause for non-renewal of contracts — Nonrenewal due to enrollment deline or revenue loss -- Notice — Opportunity for hearing

RCW   28A.405.220   Conditions and contracts of employment — Non-renewal of provisional employees — Procedure

RCW   28A.405.240   Conditions and contracts of employment Supplemental contracts, when — Continuing contract provisions, not applicable to

RCW   28A.405.900   Certain certificated employees exempt from chapter provisions

RCW   20 U.S.C. 6319   Qualifications for teachers and paraprofessionals

Management Resources:

Policy News, August 2001       Legislature Authorizes “Retire-Rehire”

Policy News, August 2003      No Child Left Behind Update

Policy News, October 2010    Employment Disclosures

 

Adoption Date:  September 20, 2006

Revised: September 20, 2023

 

Administrator Responsibilities: