2002 - 2003
AGREEMENT BETWEEN THE
HAWAII STATE TEACHERS ASSOCIATION
AND WAI'ALAE SCHOOL BOARD

ARTICLE II. DEFINITIONS

The following words in the Agreement are defined below:

A.

"Accountability" refers to the act of taking information and using it to achieve results within a system of consequences, standards, and measures.

B.

"Administration" refers to Wai'alae School's CEO.

C.

"Association" refers to the Hawaii State Teachers Association;

D.

"Authorized Association Representative" refers to any person designated by the Association or the members of the Association to serve as a faculty representative, grievance representative, field representative or in some other representative capacity as determined by the Association;

E.

"Bargaining Unit Member" refers to those members of Bargaining Unit 5 who teach at Wai‘alae School;

F.

"CEO" refers to Wai‘alae School's Chief Educational Officer.

G.

"Covered employee" refers to all those members of Bargaining Unit 5 who teach at Wai‘alae School.

H.

"Consensus" refers to that process used by Wai‘alae School to make decisions in a way consistent with the Wai‘alae vision and philosophy. During the 2002-2003 school year a working group will set out the specific consensus process used at Wai‘alae School.

I.

"Coordinating Committee" refers to that Wai‘alae School committee which includes the CEO, each Grade Level Chairperson, the Curriculum Coordinator and representative(s) from special programs.

J.

"Employee" refers to members of Bargaining Unit 5 who teach at the School;

K.

"Employer" refers to the Wai‘alae School Board;

L.

"Faculty" or "Faculty Association" refers to all full-time, half-time and part-time teachers at Wai‘alae School.

M.

"Half-time" teacher refers to teachers and other personnel working at least 50% of a fulltime schedule under the same salary schedule as Bargaining Unit 5 members. Half-time teachers are eligible for prorated compensation, sick leave, and personnel leave. Half-time teachers shall accumulate service for service awards at the rate of one (1) month credit for every month of service. Half-time teachers earn service credit in the same manner as teachers employed at one hundred (100%) fulltime equivalency. Tenure rights for teachers shall continue in full force during periods of less than full-time employment. If half-time teachers are displaced from their half-time positions, they may be placed (if qualified) into other vacant half-time or vacant full-time positions.

N.

"Just cause" refers to a legitimate reason. The term 'just cause' means a real cause or basis for dismissal as distinguished from an arbitrary whim or caprice. That is, just cause is some cause or reason that a reasonable employer, acting in good faith in similar circumstances, would regard as a good and sufficient basis for terminating the services of an employee. In order to determine if there is just cause, the Employer's action will be reviewed in light of the seven tests of just cause.

O.

"Line position" refers to a teaching position at Wai‘alae School which is filled by a Bargaining Unit 5 employee and provides benefits.

P.

"Part-time" teacher" refers to those teachers at the school who are not members of Bargaining Unit 5 and who work less than a half-time schedule.

Q.

"Probation" refers to the following: Each new hire at Wai‘alae will be placed on probation. During the probationary period, Wai‘alae may choose discontinue the employment of the probationary teacher without just cause for no reason. A teacher will be taken off probation after the successful completion of four consecutive semesters teaching at Wai‘alae.

R.

"The School" refers to Wai‘alae New Century Public Charter School.

S.

"School Code" refers to the compilation of Wai‘alae School policies and procedures which may be based on the DOE School Code.

T.

"Teachers" refers to all Bargaining Unit 5 members employed by the school, including fulltime and half time teachers, librarians, and counselors.

U.

"Tenure" refers to the status teachers at Wai‘alae School achieve after they have completed four consecutive semesters of probation, have a Hawaii State teacher's license, and have accepted a permanent classroom position at Wai‘alae School for the next year. A tenured teacher at Wai‘alae School may be dismissed for just cause and with due process. A tenured teacher at Wai‘alae School may also be dismissed as part of a staff reduction following the procedures set forth below in Article X below.

V.

"WSB" refers to the Wai‘alae School Board.

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