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As
previously reported by Delaforum, a three-year labor contract
negotiated with their union, Local 762 of the American
Federation of Teachers, was ratified by the Brandywine Board of
Education at its monthly business meeting on Oct. 17, but terms
of the agreement were not discussed in public before the vote
nor made available to attenders at the meeting. Information
concerning changes from the union's previous three-year
contract, which expired at the end of August, has since been
released by the district administration in response to a state
Freedom of Information Act request by Delaforum.
The
district also released information not previously available
related to the hiring at the same meeting of Julie Schmidt to
fill a newly established administrative position, supervisor of
accountability.
The
paraprofessionals' contract provides for 4.8% and 5% raises in
each of the next two years. That brings the local wage rate to
$1.73 an hour this year, up from the previous $1.65. The
agreement is retroactive to Sept. 1. The rate will go to
$1.81 next year and $1.90 in the 2004-05 academic year.
The
contract extends paraprofessionals' working day to 7½ hours,
including a half-hour for lunch and two 15-minute work breaks,
from 6½ hours, exclusive of lunch, in the previous
contract. The work year is now set at 185 days. Those paid
entirely with local money are to work seven hours a day over 180
days an academic year. It is not clear whether their local wage
rate is equivalent to the combined state-local rate the others
receive.
The
district said the increase in the total local wage cost this
year will be $93,000, of which $11,000 is the result of the
extended hours and number of working days. Those extensions were
mandated by state law.
The new
contract also gives paraprofessionals parity with teachers in
the amount of paid employee benefits, such as medical insurance,
to which they are entitled. There also is an increase from $85
to $110 in the lump-sum supplement paid to those whose duties
subject them to the Wilmington wage tax, but the contract
contains a statement that anyone hired after Sept. 1, 2002, is
not eligible to receive that supplement.
The
district did not provide an estimate of the cost of those
provisions. Nor had it responded to a request to confirm the
accuracy of Delaforum's interpretations and calculations as this
article was being prepared. Also not provided was the number of
paraprofessionals employed by the district.
Ellen
Cooper, the district's in-house lawyer, previously ruled, in
connection with the ratification in September of changes in the
contract with the teachers' union, the Brandywine Education
Association, that the shield from public view provided by the
Freedom of Information Act for labor negotiations extends until
an agreement is ratified by both parties. She has declined a
Delaforum request that the district seek a ruling from the state
attorney general concerning the correctness of her
interpretation of the law. Delaforum could obtain such a ruling
only by filing a formal citizen's complaint, which might put the
contract at risk and seriously but unnecessarily inconvenience
the district's entire teaching and paraprofessional staffs.
A 2%
raise in the local portion of the salaries of administrators,
specialists and secretaries approved at the Oct. 17 meeting to
match the increases granted in the previously approved contract
with the teachers' union, will cost the district $135,576,
according to district spokeswoman Wendy Lapham.
Schmidt
was hired at a salary of $81,997. Lapham said the new position,
which involves managing district and state testing and
interpreting the results, "is aligned with the goals of the
district's strategic plan." The budget for developing
standardized course testing at the middle- and secondary-school
is $80,000, of which some will pay the local share of Schmidt's
salary while the state portion is provided by an authorized but
vacant supervisory position, Lapham said.
Schmidt
has a doctor of philosophy degree from the University of
Delaware's College of Education and a masters in political
science from the university. Since 1966 she was the leader of
science assessment development for the state student testing
program. She has been an instructor in the university's
education and arts and sciences colleges.
The new
position was created at the Oct. 17 meeting, literally only a
few minutes before Superintendent Bruce Harter provided members
of the board with an addendum listing Schmidt as the candidate
chosen to fill it. The board approved the position unanimously
and did not discuss Schmidt's candidacy before routinely
confirming her hiring along with other personnel actions
contained in a monthly report.
Lapham,
in response to Delaforum's request, provided the following
account of the related sequence of events.
"The
position of supervisor of accountability was originally posted
on Sept. 4 as the position of coordinator of assessment, testing
and evaluation, with a closing date of Sept. 18. Because the
pool of applicants for the position of coordinator of
assessment, testing and evaluation did not meet district
expectations, the job was not filled. The position was
re-evaluated and upgraded to supervisor of accountability, and
the board provided guidance at its September meeting to post the
position at the supervisor level. The supervisor of
accountability position was posted on Sept. 30 with a closing
date of Oct. 10. Candidates participated in an interview process
pursuant to board policy. At the Oct. 17 meeting the board first
approved the change in the organizational chart (agenda item XII
I) and then approved Ms Schmidt for the position of supervisor
of accountability."
There is
no reference to either the former or the new position in the
approved minutes of the Sept. 26 business meeting nor in the
minutes of one 'action meeting' or two workshop meetings in
September.
Lapham
added the the personnel report addendum was necessary "because
the board first needed to approve the change in the
organizational chart."
She said
that Penny Person resigned as manager of the districts extensive
building renovation program to "take a job with the University
of Delaware." Lapham said Person had been employed by Brandywine
since November, 2001. The board accepted that resignation
without comment or explanation.
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