300 - NEGOTIATIONS

301 BOARD RIGHTS, DUTIES AND LEGAL STATUS IN COLLABORATIVE CONFERENCING

Last Updated Date: 08/15/2011

The Board, as the duly constituted representative of the people and as the agent of the State of Tennessee, has the following rights, duties, and legal status in collaborative conferencing:

• To manage and control public education in Sevier County
• To retain its legal status in any state or federal statute even with the passage of the Professional Educators Collaborative Conferencing Act (PECCA)
• To participate in requested collaborative conferencing with its professional employees subject to the requirements and limitations set forth in the PECCA, and
• To not be subject to the National Labor Relations Act

Policy References

300 - NEGOTIATIONS

302 SCOPE OF COLLABORATIVE CONFERENCES

Last Updated Date: 08/15/2011

When conducting collaborative conferencing, the following terms and conditions of employment must be discussed, if requested, under the PECCA:

• Salaries or wages
• Grievance procedures
• Insurance
• Fringe benefits, but not pensions or retirement programs of the Tennessee
• Consolidated Retirement System or locally authorized early retirement incentives
• Working conditions, except those working conditions prescribed by federal law, state law, private act, and regulations of the State Board of Education, the State Department of Education, or any other department or agency of state or local government
• Leave, and
• Payroll deductions, except deductions for political activities

In addition, when conducting requested collaborative conferencing under the PECCA, the following terms and conditions of employment cannot be discussed:

• Differentiated pay plans or other incentive compensation programs that are tied to performance that exceeds expectations or that aid in hiring and retaining highly qualified teachers for hard-to-staff schools and subject areas
• Expenditure of grants or awards from federal, state, or local governments, foundations, or other private organizations that are expressly designated for specific purposes
• Evaluation of professional employees
• Staffing decisions and policies relative to innovative educational programs under TCA 49-1-207, innovative high school programs under Title 49, Chapter 15, virtual education programs under Title 49, Chapter 16, and other programs for innovative schools or school districts that may be enacted by the General Assembly
• All personnel decisions concerning assignment of profession employees, including, but not limited to, filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reduction in force, and recall. In addition, no agreement may include provisions that require personnel decisions to be determined on the basis of tenure, seniority, or length of service, and
• Payroll deductions for political activities. 

Absent an agreement and memorandum of understanding on terms and conditions specified for collaborative conferencing, the Board shall have the authority to address such terms and conditions through its policies.

Policy References

300 - NEGOTIATIONS

303 BOARD REPRESENTATION

Last Updated Date: 08/15/2011

When conducting requested collaborative conferencing under the PECCA, the Board shall appoint at least seven, but no more than eleven, persons to serve as “management personnel”. These persons will represent the Board during the collaborative conferencing process. “Management personnel” including employees who devote a majority of their time to system-wide areas of professional management, fiscal affairs, or general management, including, but not limited to, principals, assistant principals, supervisors, and others whose primary responsibilities are administrative rather than teaching.

Policy References