Hamilton-Wenham

Show detailed information about district and contract

DistrictHamilton-Wenham
Shared Contract District
Org Code6750000
Type of DistrictRegional K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2014
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyEssex
ESE RegionNortheast
Urban
Kind of Communityresidential suburbs
Number of Schools5
Enrollment2026
Percent Low Income Students5
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Hamilton-Wenham

AGREEMENT

Between the

HAMILTON-WENHAM

REGIONAL SCHOOL COMMITTEE And the

HAMILTON-WENHAM REGIONAL EDUCATION ASSOCIATION

2011-2014

TABLE OF CONTENTS

Article/Section

Page

AGREEMENT

 

PREAMBLE

1

ARTICLE I - Recognition

2

1.1 Recognition

2

1.2 Bargaining Unit

2

1.3 Applicability

3

ARTICLE II - Fair Practice

3

ARTICLE III – Rights

 

3.1 Rights of the Committee and Superintendent

3

3.2 Rights of the Association

4

3.3 Rights of the Teacher

4

ARTICLE IV Committee on Mutual Concerns

6

ARTICLE V – Employment

8

5.1 Continuation of Employment

8

5.2 Professional Status

8

5.3 Increment

8

5.4 Credit for Non-Teaching Experience

8

5.5 Resignation

8

ARTICLE VI – Professional Policies

9

6.0 Professional Growth

9

6.1 Program for Professional Development

9

6.2 Return of Agreement

9

6.3 Copies of Agreement

9

ARTICLE VII – Payroll Deductions

10

7.1 Association Dues

10

7.2 Other Voluntary Payroll Deductions

11

7.3 Agency Service Fee

11

7.4 Direct Deposit Option

11

7.5 Payroll Dues Deduction Authorization Form

12

ARTICLE VIII –The School Year

12

8.0 School Year

12

8.1 School Calendar

13

8.2 Hours of Work

13

8.3 Meetings

14

8.4 School Committee Meetings

14

ARTICLE IX – Duties and Responsibilities for Teachers

15

9.1 Primary Responsibility

15

9.2 Supervision of Practice Teachers

15

9.3 High School

15

9.4 Middle School

16

9.5 Elementary Schools

16

9.6 Guidance and Adjustment Counselors

16

ARTICLE X – Teaching Assignments

17

10.1 Teaching Assignment Notification

17

10.2 Specialist Teaching Assignments

17

10.3 High School Teaching Assignments

17

10.4 Middle Teaching Assignments

18

10.5 Elementary Teaching Assignments

18

ARTICLE XI – Teacher Preparation Time

18

11.1 High School Teacher Preparation Time

18

11.2 Middle School Teacher Preparation Time

19

11.3 Elementary Teacher Preparation Time

19

11.4 Special Education Teachers

19

ARTICLE XII – Paid Leave

20

12.1 Professional Days

20

12.2 Personnel Business Leave

20

12.3 Emergency Leave

21

12.4 Religious/Ethnic Observances

21

12.5 Bereavement Leave

21

12.6 Jury Duty

21

12.7 Travel Compensation

21

ARTICLE XIII – Unpaid Leave

22

13.1 Health

22

13.2 Maternity and Adoption

22

13.3 Paternity

22

13.4 Military Service

22

13.5 Teaching Abroad

22

13.6 Approved Travel

22

13.7 Other Approved Reasons

22

13.8 Increment

22

13.9 Seniority

23

ARTICLE XIV – Leave of Absence for Professional Study

23

14.1 Conditions for Leave of Absence

23

14.2 Compensation

23

14.3 Return to Service

23

14.4 Rights and Benefits

23

ARTICLE XV – Childbearing and Childrearing Leave

24

15.1 Childbearing Leave

24

15.2 Adoption Leave

24

15.3 Childrearing Leave

25

ARTICLE XVI – Sick Leave

25

16.1 Sick Leave

25

16.2 Sick Leave Bank

26

16.3 Sick Day Buy Back

27

ARTICLE XVII– Transfers

27

17.1 Posting of Vacancies

27

17.2 Voluntary Transfer

28

17.3 Involuntary Transfer

29

ARTICLE XVIII – Reduction in Staff

30

18.1 Reduction in Staff

30

18.2 Recall Rights

30

18.3 Order of Recall for Teacher with Professional Status

31

ARTICLE XIX – Teacher Evaluation

32

19.1 Teacher Evaluation

32

19.2 Professional Status Teachers

32

19.3 Pre-Professional Status Teachers

32

19.4 Unsatisfactory Performance

32

ARTICLE XX – Teacher Records

33

20.1 Personnel File

33

ARTICLE XXI – Insurance

33

21.1 Health Insurance

33

21.2 Best Buy Option

33

21.3 Insurance for Teachers on Unpaid Leave

34

21.4 Disability Insurance

34

21.5 Flexible Spending Medical/Dependent Program

34

21.6 Insurance Negotiation

35

ARTICLE XXII – Grievance Procedure

35

22.1 Purpose

35

22.2 Definitions

35

22.3 Time Limits

36

22.4 Representation

36

22.5 Grievance Procedure

36

22.6 Arbitration

37

22.7 Other

38

22.8 Complaint Procedure

39

ARTICLE XXIII – Teaching Assistants and Substitute Teachers

39

23.1 Teaching Assistants

39

23.2 Substitutes

40

23.3 Specialist Substitutes

40

ARTICLE XXIV – Teacher Protection and Limitations

40

24.1 Teacher Involvement in Assault and Battery

40

ARTICLE XXV – Salary

41

25.1 Salary Schedule

41

25.2 Salary Rate

41

25.3 M(B+33), M+30, M+45, M+60/Doctorate Salary Scales

42

25.4 403(B) Plan

43

25.5 Tuition Reimbursement

43

25.6 Withholding Exemption Certificates

44

25.7 Time of Payment

44

ARTICLE XXVI – Extended Responsibilities

45

26.1 Department Chairpersons

45

26.2 Middle School Team Leaders

45

26.3 Special Education Chairpersons

45

26.4 High School Guidance Counselors and Director

45

26.5 Salary Schedule for Extracurricular Activities and Athletic Programs

46

26.6 Middle School Intramurals

46

26.7 Director of Intramurals

46

26.8 Coaching Appointments

46

26.9 Stipend Committee

47

26.10 Curriculum Development and Research

47

ARTICLE XXVII - Acknowledgement of Negotiations

48

27.1  Acknowledgement of Negotiations

48

27.2  Waiver or Breach of Conditions

48

ARTICLE XXVIII – Provision of Agreement

48

28.1 Provision of Agreement

48

ARTICLE XIX-MA Education Reform Act of 1993 & Federal No Child Left Behind Act

49

29.1

49

ARTICLE XXX – Duration of Agreement

50

30.1 Duration of Agreement

50

APPENDIX A: Salary Schedule – 2011-12

51

1. FY 12

51

2. FY 13

52

3. FY 14

53

APPENDIX B: Senior Status Stipend Schedule

54

APPENDIX C: Extended Responsibilities Stipend Schedule

55

1. District

55

2. High School

55

3. Middle School

55

4. Elementary Schools

55

5. Department Chairpersons

55

6. Curriculum Leaders

55

7. Special Education Chairpersons

55

APPENDIX D: Non-Athletic Extracurricular Activities Stipend Schedule

56

1. High School

56

2. Middle School

56

3. Elementary Schools

57

APPENDIX E: Athletic Activities Stipend Schedule

58

1. FY 12

58

2. FY 13

58

3. FY 14

58

APPENDIX F: Middle School Intramurals Stipend Schedule

59

APPENDIX G: Health Reimbursement Account: How it Works

60

APPENDIX H: Study Committee

61

AGREEMENT

Between the HAMILTON-WENHAM REGIONAL SCHOOL DISTRICT COMMITTEE

And the HAMILTON-WENHAM REGIONAL EDUCATION ASSOCIATION

THIS AGREEMENT is made and entered into on September 1, 2011 and expires on August 31, 2014

By and between the

HAMILTON-WENHAM REGIONAL SCHOOL DISTRICT COMMITTEE

(Hereinafter referred to as the “School Committee” or “Committee”) and the HAMILTON-WENHAM REGIONAL EDUCATION ASSOCIATION (Hereinafter referred to as the “Education Association” or “Association”).

PREAMBLE

Recognizing that our mutual prime purpose is to provide education of the highest possible quality for the students of the Hamilton-Wenham Regional School District while realizing the most effective and prudent use of the tax monies expended toward achieving that end; and realizing that good morale and meaningful use of ideas and experience of the professional educators on the staff are fundamental to the achievement of that purpose, we, the undersigned parties to this Agreement, do hereby declare that:

A.      Under the law of Massachusetts, the Committee, elected by the citizens of Hamilton and Wenham, which towns comprise the Hamilton-Wenham Regional School District, has final responsibility for establishing the educational policies of the Hamilton-Wenham Regional School District;

B.      The Superintendent of the Hamilton-Wenham Regional School District has the responsibility for carrying out the policies so established;

C.      The teaching staff of the Hamilton-Wenham Regional School District has the primary professional responsibility for providing education of the highest possible quality;

D.      Fulfillment of these respective responsibilities can best be facilitated and realized by consultations and the free exchange of views and information in the mutual formulation and mutual application to the extent permitted by law of those policies relating to wages, hours and working conditions of employment as set forth hereinafter for the personnel as defined in the unit hereinafter set forth, wherefore, the parties have executed this Agreement.

E.      To give effect to these declarations, the following principles and procedures are hereby adopted.

ARTICLE I

Recognition

1.1        Recognition

The Committee recognizes the Association, pursuant to Chapter 150E of the General Laws of the

Commonwealth of Massachusetts, as the exclusive collective bargaining representative of teachers employed by the Hamilton-Wenham Regional School District as more fully described in Section 1.2 hereof.

1.2        Bargaining Unit

a.     Unit Description

The collective bargaining unit represented by the Association and recognized by the Committee in Article 1 hereof is as follows:

All full-time and regular certified part-time teachers employed by the Hamilton-Wenham Regional School District, consisting of classroom teachers, guidance counselors, librarians, specialty subject teachers, and department heads, but excluding all other employees, the Superintendent of Schools, the Assistant Superintendent of Schools, principals, assistant principals, personnel who perform administrative functions on a twelve (12) month contract basis, supervisors, all substitute and permanent substitute teachers, night school teachers, custodial employees, office clerical employees, cafeteria employees, monitors, nurses and teaching assistants.

b.     Definitions

As used in Section 2.2 thereof: (i)     The term “regular licensed part-time teacher” shall mean a part-time teacher who possesses a teaching license from the Commonwealth of Massachusetts who is not a substitute as defined in (ii) and (iii) below.

(ii)   The term “substitute teacher” shall mean a teacher who substitutes on a daily rate as determined by the School Committee, either full-time or part-time, performing the duties of one or more absent teachers regardless of the number of days within one school year.

(iii)  The term “permanent substitute” shall mean a teacher who contracts at one time for a period of employment of greater than 15 and less than 150 school days within one school year, on either a full-time or part-time basis.

1.3    Applicability

Each of the terms and conditions of this contract shall apply to and only to such persons as at the time in question fall within the bargaining unit as defined in this Article, except that Sections 5.4, 6.0, 8.2, 9.0, 9.6, 10.1.a, 10.2.a-f, 11.1, 11.2, 11.3, 17.0, 22.7, 24, 25, and only these Sections shall apply to permanent substitutes, notwithstanding their exclusion from the bargaining unit as specified in Section 1.2.

ARTICLE II

Fair Practice

2.1        There shall be no discrimination, interference, retaliation, restraint or coercion by the School Committee, Association or their respective agents against any teacher because of his/her membership or non-membership in the Association, activities on behalf of the Association, or because a teacher pursued or advanced rights and privileges contained in the Agreement or refused to do so.

2.2        No one shall be required to become or remain a member of the Association as a condition of employment in the Hamilton-Wenham Regional School District.

ARTICLE III

Rights

3.1    Rights of the Committee and Superintendent

In recognition of the fact that the laws of the Commonwealth of Massachusetts vest in the Committee and/or the Superintendent of Schools responsibility to the people of the towns of Hamilton and Wenham for the quality of education in, and the efficient and economical operation of the Hamilton-Wenham Regional School District, it is herein agreed that except as specifically and directly modified, amended, or abridged by expressed language in a specific provision of this Agreement, the Committee and/or the Superintendent of Schools retains all rights and powers that it has or may hereafter be granted by law and may lawfully exercise the same at its discretion without such exercise being made the subject of a grievance or unfair labor practice charge.

3.2        Rights of the Association

a.           Association Activity - There shall be twelve (12) Association days available to the Association for its authorized Association business, conferences, legislative hearings and conventions. The Association shall normally give twenty-four (24) hours notice of intention to take an Association day to the appropriate Principal. The Association agrees to contact substitutes and to reimburse the District for substitute wages.

b.          Relevant Documents The Superintendent will, upon written request, provide the Association with such relevant documents as will reasonably assist the Association in developing intelligent, accurate, current, informed and constructive programs on behalf of the teachers and their students.

c.          Relevant Materials The Superintendent, upon written request, will provide the Association with reasonable relevant material as is necessary to enable the Association to fully protect the rights of its members and to interpret and police this Agreement. The written request will contain a list of the information, document or evidence required, the form in which it is requested, and the issues to which the information is relevant. The Superintendent reserves the right to refuse to offer information to the Association if the Superintendent considers such information privileged or confidential.

3.3        Rights of the Teacher

a.          Reprimands

The Association recognizes the authority, discretion and responsibility of the Superintendent, Principal and Department Chairperson for privately reprimanding a teacher for conduct unbecoming a teacher, or other good cause. Any teacher so reprimanded has the right to Association representation.

b.          Complaints About an Individual Teacher, Materials or Teaching Methods

Criticisms about an individual teacher, materials or teaching methods that are directed to School Committee members or administrators will be promptly referred to the Superintendent who will judge whether the criticism is sufficient to warrant investigation. Since School Committee members or administrators sometimes receive criticism that is petty or frivolous on its face, the Superintendent shall exercise his/her judgment as to whether or not to proceed.

The fact that a criticism is registered shall not in itself constitute evidence that the criticism is warranted or valid. In the event the Superintendent determines that the criticism is serious, the criticism will be investigated under the supervision of the Superintendent.

In receiving criticism, the Superintendent or his/her agents shall receive the information offered and ask any pertinent questions which would permit a thorough understanding of the criticism. The Superintendent or his/her agents should restrict his/her comments as to the merits of the criticism until the matter is investigated fully. The recipient of the criticism should request the name and address of the individual lodging the criticism and permission to release the name of the individual to the teacher. Failure to secure this identification shall not foreclose an inquiry into the facts.

If the individual lodging the criticism is willing to do so, the criticism shall be recorded on a form to be developed jointly by the Superintendent and the Association. In any case in which the teacher is available, the investigation will not proceed until the teacher has been given notice of the criticism. In all cases, whether or not the teacher is available, notice will be given to the teacher in writing as soon as possible and within three (3) days exclusive of Saturdays and Sundays.

Before any final decision is made concerning the merits of the criticism, the teacher will be apprised of the facts which tend to support the criticism and will have the opportunity to present rebuttal. The teacher involved shall have the right to Association representation at all inquiry or disciplinary meetings.

In the event that the administration concludes that there is no substance to the criticism, no action will be taken and no record of the proceedings shall appear in the teacher’s personnel file without the teacher’s permission. In order that actions will not unjustly be taken against a teacher based upon a criticism and that a teacher will have the opportunity to confront individuals giving evidence against him/her any disciplinary action taken pursuant to this Section which affects a teacher will be subject to the grievance procedure.

c.   Unsatisfactory Performance Teachers whose service has been rated unsatisfactory or who have been formally criticized or reprimanded by a supervisor in any respect shall be notified of such action, and shall have the right, upon request, to meet with the rating or evaluating supervisor who shall review and fully explain the rating of the teacher. Said reviewing supervisor shall also define and suggest to the teacher areas for remedy and improvement of the rating, criticism or reprimand.

ARTICLE IV

Committee on Mutual Concerns

4.1        The parties to this Agreement hereby express their joint intention, through the terms and conditions of the contract to continue their harmonious relations, to promote mutual cooperation and understanding, to establish and maintain new and effective lines of communication between the parties, to formulate rules, to define and resolve the proper interest of the teachers in their rights of compensation and the conditions under which they perform their duties, and by giving the teacher a voice in the development and evolution of those conditions, to thereby assist the administration and the Committee in providing the towns of Hamilton and Wenham with a school system representative of the best ideals and the professional efforts of the teachers, the administration and the Committee.

4.2        In order to achieve these ideal ends, the parties recognize the need for establishing and maintaining a conduit for mutual expression and discussion, short of the formal contract grievance procedure whereby the parties may hear and attempt to jointly resolve problems which may arise after the execution of the Agreement and which, if reviewed informally, would better advance the ends toward which this Agreement was mutually designed. Therefore, in recognition of the professional standing of teachers and the fact that teachers’ ideas and opinions systematically and periodically collated and expressed are of significant value in improving the quality of education, in, as well as the efficient and economical operation of the Hamilton-Wenham Regional School District; and in further recognition of the Association’s collective knowledge of the ideas and opinions of teachers and their present and continuing concern for the best interests of the school system, the parties to the Agreement hereby establish the Committee on Mutual Concerns (herein called the Mutual Concerns Committee) which may consist of the following members depending upon the subject matter covered and the mandates of the MA Education Reform Act of 1993 and the federal No Child Left Behind (NCLB) Act:

1.          The President of the Association

2.          Two other officers of the Association

3.          Four other members of the staff selected by the Association

4.          The Chairman of the School Committee

5.          The Vice Chairman of the School Committee

6.          A member of the School Committee

7.          The Superintendent of Schools or his/her designee

8.          The Principal of the High School, a Middle School Principal, and an Elementary School Principal

4.3        The Mutual Concerns Committee shall meet whenever necessary at a mutually convenient time and place to consult as specifically provided in this Agreement and to discuss such other matters of concern or interest to the Association, the Committee, or school administration.

If a party to this Agreement gives written notice to the other party that it desires consultation as provided herein, the parties shall within ten (10) calendar days schedule a meeting to be held at a mutually agreeable time and place; provided that failure to schedule a meeting within the ten (10) calendar days heretofore mentioned in this paragraph shall not affect the validity of any action taken by the Committee.

4.4        The parties further agree that at least one (1) week prior to the date scheduled for the consultation the President of the Association and the Superintendent will exchange a written agenda of subjects about which they desire to consult. The consultations, as nearly as possible, will be confined to the subjects on the agenda.

4.5        It is further agreed that the provisions of this Article will in no way be construed as broadening the scope or application of this Agreement as a whole; nor will these provisions make any matter a grievance which would not be a grievance in the absence of these provisions, nor make any matter a mandatory subject of bargaining in the absence of the provisions of this Article.

4.6        It is further agreed that the provisions of this Article will in no way be construed as permitting the Mutual Concerns Committee to deal with the grievances filed under Article 6, nor will these provisions be construed as a waiver by the Association of any of its rights under Chapter 150E of the General Laws of the Commonwealth.

ARTICLE V

Employment

5.1        Continuation of Employment - In recognition of its obligations under the provisions of Chapter 150E of the General Laws, the Association hereby agrees and affirms that during the terms of this Agreement or any renewal or extension thereof neither it nor any of its agents nor any teachers covered by this Agreement as described in Section 1.2 will engage in, induce, incite, encourage or participate, either directly or indirectly, in any unlawful interference with assigned or expected work, including strike, sit down, stay in, slow down, work stoppage, withholding of service, “professional day” absence, and/or concerted or intentional unauthorized absences.

The Association further agrees that, should any of the above mentioned actions occur (regardless of the lack of Association connection with the activity); it shall put forward sincere efforts to immediately have the activity terminated.

5.2        Professional Status - Professional teacher status may be granted at or after the second annual appointment by the Superintendent upon the recommendation of directors, department heads and principals as appropriate.

5.3        Increment

The increment for yearly service will be granted to all teachers who complete 90 days on the job in the school year preceding the effective year of the increment except that any increment may be withheld for just cause. In the event there is a possibility that a teacher’s increment may be withheld, the teacher will be advised of such possibility by April 15 and shall be notified of the final decision by June 1 of the year preceding the year in which the increment is to be withheld.

5.4        Credit for Non-Teaching Experience

The Superintendent shall fix the initial salary rate for each teacher on entering employment, giving consideration to academic training, previous experience, including business and military experience and special skills.

5.5        Resignation - A teacher intending to resign should notify the Superintendent of Schools in writing at least four (4) weeks before such resignation is to take place.

ARTICLE VI

Professional Policies

6.0        Professional Growth - The aim of the salary schedule is to promote professional growth by recognizing educational advancement, experience and competence in areas which are deemed related to a professional employee’s responsibilities and which contribute to his/her effectiveness with young people. The professional growth of teachers is to be encouraged and will be periodically evaluated with the person involved.

6.1        Program for Professional Development - The Committee and the Association agree that continuing professional development is an expectation for all teachers and further agree that teachers who fulfill that expectation should be rewarded for their achievement.

6.2     Return of Agreement - A teacher shall sign and return an agreement for the following year within two (2) weeks of receipt of the agreement from the Superintendent’s Office. If desired, any teacher may request, and will be given, a two-week extension of this deadline.

6.3        Copies of Agreement - As soon as practicable after the execution of this Agreement, the Committee and the Association shall prepare and make available to the Association sufficient copies of this Agreement for distribution to each member of the bargaining unit (including a reasonable number of extra copies). The cost of preparation of such copies shall be borne equally by the parties.

The Superintendent shall make every reasonable effort to ensure that each new staff member receives a copy of this Agreement, and a copy of the current evaluation form applicable to the staff member’s position, during the staff member’s first full week of employment; provided, that failure to provide these documents pursuant to this Section 6.3 shall not affect any action taken by the Committee pursuant to this Agreement or pursuant to its evaluation procedure then in effect.

ARTICLE VII

Payroll Deductions

7.1   Association Dues - The Committee agrees to deduct Association dues from the salaries of teachers who authorize said deductions. It is the express intent of the parties that the provisions of this Article be and are subject to the following conditions:

a.          The sum which represents such yearly Association dues shall annually be certified to the Committee no later than the first work day of the school year in which the dues are to be deducted as constituting such by the Treasurer of the Association. No change may be made in the amount of the annual dues to be deducted subsequent to this date.

b.          The teacher’s authorization shall be in writing in the form set forth below and shall be valid until withdrawn. New authorizations must be submitted to the Superintendent by the second Friday of the school year in order to be effective for that school year. Withdrawal of authorization may be made by a teacher upon at least sixty (60) days notice in writing of such withdrawal of authorization to the Committee (with a copy of said notice to the Association) except that a notice of withdrawal of authorization filed before the second Friday of the school year shall cause no payroll deductions to be made from the teacher’s salary during said school year.

c.          All teachers with valid authorization on the second Friday of the school year are obligated for the entire amount of the annual Association dues. If a teacher leaves the system or withdraws this authorization before the entire amount of the annual dues has been deducted, the balance due will be deducted from the last paycheck prior to the effective day of the teacher leaving the system or the withdrawal of the authorization, as the case may be.

d.          Deductions shall be made from either ten (10) or twenty (20) consecutive payrolls, at the teacher election starting with the first payroll in October. Deductions provided for above shall be remitted to the Treasurer of the Association not later than three (3) weeks following the payroll period in which the deductions are made. Prior to the first payroll in October, the Committee shall furnish the Treasurer of the Association a listing of the teachers from whose earnings deductions will be made.

e.          The Association agrees that it will indemnify and hold the Committee harmless from any and all liability, claim, responsibility, damage, or suit which may arise out of any action taken by the Committee in accordance with the terms of this Article or in reliance upon the authorization described herein, in an amount not to exceed the sum received by the Association on account of the deductions made from the earnings of such teacher or teachers.

f.    The provisions of this Article shall be subject to the requirements of Section 17C of Chapter 180 of the General Laws including the requirement that the District Treasurer shall be satisfied by such evidence as he/she may require that the Treasurer of the Association has given to the Association a bond, in a form approved by the Commissioner of Corporation of Taxation, for the faithful performance of his/her duties, in a sum and with such surety or sureties as are satisfactory to the District Treasurer.

7.2        Other Voluntary Payroll Deductions - The Committee agrees that after receipt of written authorization from and prior to revocation or expiration thereof, it will deduct from the salary of the teacher executing such authorization, the amounts due for tax sheltered annuities, 403(b) plans, and/or group life and health insurance. Said authorization shall be in a form made available by the Superintendent.

7.3        Agency Service Fee

a.          A member of the bargaining unit who is not a member of the Association shall be required to pay an agency service fee to the Association. The fee shall be set pursuant to law and the regulations of the Massachusetts State Labor Relations Commission, and the Association shall establish a rebate procedure in accordance with the law and such regulations. The fee shall be due on or after the thirteenth (13) day following the bargaining of employment or the effective date of this Agreement, whichever is later. If a member of the bargaining unit has a conscientious objection to paying the fee, the teacher may instead pay an amount, equal to the fee, to the Hamilton-Wenham Regional Education Association Scholarship Fund, to be granted to graduates of the Regional High School in accordance with the terms of the fund. If a member of the bargaining unit does not pay the fee or scholarship fund contribution or challenge the fee before the Massachusetts State Labor Relations Commission, the Association may institute court action against the employee to collect the fee.

b.           The Committee shall not be responsible in any way for the implementation, collection or enforcement of this fee and the Association agrees to assume responsibility for any legal expenses incurred.

c.          The provisions of Sections (a) and (b) shall be applicable to all matters pertaining to agency service fees.

7.4 Paperless Direct Deposit - The parties agree to the establishment of a paperless direct deposit procedure whereby the District shall directly deposit employee paychecks and employees shall receive the direct deposit information/voucher via electronic mail in the portable document format (PDF).

7. 5   Payroll Dues Deduction Authorization Form

TO:   Hamilton-Wenham Regional School District Committee

Hamilton, Massachusetts

I hereby request and authorize the District Treasurer to deduct from my salary, and to remit to the Treasurer of the Hamilton-Wenham Regional Education Association, my yearly professional dues as established by the Education Association (herein called the “Association”), the Massachusetts Teachers Association and the National Education Association as certified to you by the Treasurer of the Association. The said dues shall be deducted pursuant to this authorization and pursuant to Article 3 of an Agreement between the School Committee and the Association which is incorporated herein by reference.

I understand that this authorization continues until withdrawn by me and that the Committee is obligated to deduct the entire amount of my yearly professional dues in each school year in which this authorization continues as of the second Friday of that school year, regardless of my subsequent withdrawal of authorization or leaving the employment of the school district.

Signature: ________________________________

ARTICLE VIII

The School Year

8.0    School Year - A teacher’s contract shall be for the period of the first teacher work day of the school year through June 30. The teacher work year shall be 183 days for the 2011-2012 school year, the 2012-2013 school year and 2013-2014 school year. Two staff development days will be scheduled for the two days prior to the start of the student year and one staff development day will be scheduled during the month of November. Effective August 31, 2014, the teacher work year will be increased to 184. Teachers shall be scheduled for assignments not to exceed eleven (11) days beyond the state minimum (days) for students. Five (5) of these eleven (11) days shall be scheduled to provide for sessions canceled due to inclement weather and any of the five (5) not needed will be subtracted from the work year. Teachers new to the system will also be required to attend a two day workshop prior to September 1 and/or prior to Labor Day with no compensation. It is also recognized that during July and August teachers should be encouraged to search for new ideas through travel, study, reading, research and employment that relate to their fields of teaching.

8.1        School Calendar - Prior to December 1, the Superintendent will make arrangements with the Association for discussion of the ensuing calendar year. The exact calendar days to be included in the school year shall be determined whenever possible by the mutual consent of the Committee and the Association. However, in the absence of mutual consent, it is the responsibility of the Committee to determine the calendar.

8.2        Hours of Work - The normal work week for teachers, including a daily twenty-minute duty free lunch period, shall be as follows:

Elementary                                  PK-5                               35 hours/week

Middle School                             6-7-8                              36 hours and 40 mins /week

High School                                9-12                                36 hours and 40 mins /week

The parties agree to the concept of the use of flexible time schedules in meeting the needs of the school system and the staff.

The student day shall not exceed 32 hours per week and the starting time for students shall be between 7:40 a.m. and 8:45 a.m. and the student day shall end between 1:30 p.m. and 3:00 p.m. Middle School and High School teachers are expected to be in their rooms or at their assigned stations at least fifteen (15) minutes before the start of the pupil day. Elementary teachers are expected to be in their rooms or their assigned stations at least ten (10) minutes before the start of the pupil day. Teachers should be available to students, parents and administrators during their hours on duty, and therefore, should not leave the building during duty hours except under exceptional circumstances, and then only after notifying the principal or his/her representative.

Friday and Day Before Holiday

Teachers may leave at student dismissal time on Fridays and the day before a holiday. In addition, in the event of snow or other emergencies, teachers may leave at the discretion of the principal in the interest of safety.

Full-day in-service days shall be the approximate length of the work day. For part-time teachers, the principal will determine the dates on which the part-time teacher will attend the Wednesday in-service days and the professional development day schedule.

1.   Expected Days:

-First and second days of the new school year

-Two new teacher training days if new to the District

2. Pro-rated Wed. In-service Days (based on 38 Wed.):

Percentage                   # of days

.2                                      8

.4                                    15

.5                                    19

.6                                    23

.8                                    30

3. Professional Development Days (which one(s) determined at building level)

Percentage                     # of days

.2                                    one day

.4                                    two days

.5                                    three days

.6                                    three days

.8                                    four days

8.3        Meetings

a.          The schedule, exclusive of meetings, for each school building shall be determined by June of the preceding school year. In the event it is desirable to alter the schedule due to circumstances beyond the Committee’s control, the Committee will negotiate such proposed changes with the Association.

b.          Teachers shall be required to attend one 45 minute meeting per month the second Tuesday of each month commencing 10 minutes after the students leave at the elementary, middle and the high school. The agenda for the Tuesday meeting will be distributed the Friday before the meeting.

c.          There shall be no more than two (2) general staff night meetings per year at each level.

8.4        School Committee Meetings - The School Committee welcomes all members of the staff at its meetings. The School Committee agrees to post in the Teachers’ Rooms Minutes of its meetings (excluding Executive Sessions) within forty-eight (48) hours of their approval.

ARTICLE IX

Duties and Responsibilities of Teachers

9.1        Primary Responsibility - The Committee and the Association acknowledge that a teacher’s primary responsibility is to teach and that his/her energies should, to the extent reasonably practicable, be used to this end. The professional teacher has full-time duties as a staff member. It is expected that the professional teacher will not allow his/her outside activities to interfere with his/her teaching duties. The parties recognize, however, that teachers must perform certain duties in connection with the governance of students which are necessary to operate, manage, and supervise the Hamilton-Wenham Regional School District properly and which may not be directly related to the teaching function. As a condition of employment, teachers shall accept such reasonable in and out of class assignments, including those relating to the governance and safety of students, as are deemed necessary and proper by the Principal, except that no teacher should be required to perform substitute duty or participate in extra-curricular activities.

This is not to imply that additional specified duties or duty periods will be assigned to teachers beyond those specified in other sections of this contract or which are currently practiced within each building within the District.

9.2        Supervision of Student Teachers shall as often as possible be conducted by experienced teachers. The assignment of all student teachers will be a responsibility of the Principal, except that no teacher shall be required to accept a student teacher. In making such assignments, he/she shall, with the assistance of the 6-12 curriculum leader or supervisory teacher concerned, take into consideration the academic load schedule and record of similar past supervision assignments of the classroom teacher being considered for this assignment. Also to be taken into consideration in making such assignments is the desirability of avoiding situations arising that would result in any student or group of students having more than one student teacher during any given student teaching period. Classroom teachers may, however, volunteer for such assignment and, in fact, are urged to do so in the interest of developing competent and well-trained teachers for the profession.

9.3        High School

a. Teachers at the high school level shall not be required to collect funds and keep records for photographers or other private groups. If necessary, high school teachers will participate in the school insurance program to the extent of collecting the return forms and sending them to the office for recording purposes.

9.4        Middle School

a.          Middle School team leaders will share duties with other faculty. All faculty will participate in lunch duty with the following exceptions: faculty who teach through two consecutive lunch periods will not be assigned lunch duty. The 1998-99 duty schedules for sixth grade teachers will be implemented as long as the present schedule is in effect. AM and PM bus duty will be a voluntary stipend position and will include the elimination of either homeroom, lunch or study duties, to be determined by the teachers involved and the principal. If there are no volunteers for AM or PM bus duty, it will be assigned to all teachers. If it is necessary to assign teachers to bus duty no teacher will be assigned bus duty more that twice a week.

b.          Teachers at middle school levels shall not be required to keep registers or to correct standardized tests if such tests can be machine corrected and if the results are not needed prior to the time that the machine scores would be available. A standardized test is one which is given by the administration across a whole grade or whole subject area (at least covering a whole grade).

9.5        Elementary School

a.          Teachers at the elementary level shall not be required to perform recess or lunch duty. Teachers will be assigned one AM bus duty, one time per week during the 8:15 AM to 8:25 PM time period. Elementary teachers may, if there is no other coverage available be asked to cover lunch or recess duty during inclement weather. Volunteers will be sought for the assignment before anyone is assigned.

b.          Teachers at the elementary shall not be required to keep registers or to correct standardized tests if such tests can be machine corrected and if the results are not needed prior to the time that the machine scores would be available. A standardized test is one which is given by the administration across a whole grade or whole subject area (at least covering a whole grade).

9.6        Guidance and Adjustment Counselors - Guidance and adjustment counselors shall work the teacher’s work week and school year. It is agreed that the guidance work load generally demands that guidance counseling and records be provided in a timely fashion which may require longer working hours during peak periods. It is further agreed that guidance counselors be available for a reasonable number of evening meetings with parents and for special seminars and orientation meetings, in accordance with current practice.

9.7        Association President – The Association President shall be relieved of non-teaching duties.

ARTICLE X

Teaching Assignments

10.1      Teaching Assignment Notification

Teachers will be notified in writing of their programs for the coming school year, including the schools to which they will be assigned, the grades and/or subjects they will teach, and any special or unusual classes that they will have, as soon as practicable and under normal circumstances not later than June 1. Teachers will be advised of any changes made in their programs after said dates as soon as practicable before the opening of school. If a change is made after said date, the teacher shall have the right to a meeting with the building principal and/or Superintendent at which meeting an Association representative may be present. A teacher whose program is changed after June 1 may be informally observed but not formally evaluated in the new subject area or grade level prior to November 1 of the school year in which the change is effective.

10.2      Specialist Teaching Assignments

Specialist teachers (foreign language, art, music, physical education, technology education, and special education) may be assigned PK-12 according to their licensures as determined by the Superintendent notwithstanding anything to the contrary in this Agreement.

10.3      High School Teaching Assignments

a.          It is recognized that three (3) course preparations per week for each high school teacher as part of his/her five (5) teaching assignments, is preferable. However, it is also recognized that flexibility of scheduling for students sometimes requires up to four (4) different course preparations per week.

b.          A teacher who accepts a sixth (6th) teaching class assignment shall be paid a stipend of 5% per semester of his/her annual salary and shall be relieved of his/her duty assignment.

c.          In keeping with the long established policy of the Committee and the administration, high school teachers will not be assigned, except temporarily and for good cause, to teach classes for which they are not licensed or which are outside the scope of their major or minor fields of study.

d.          Where practicable, department chairpersons will be assigned four (4) periods per week for the performance of their supervisory and administrative duties in lieu of other assigned duties and shall be relieved of one (1) teaching assignment. Further reduction of a department chairperson’s load is to be determined each year by the administration based on the department chairperson’s and instructional and budgetary considerations.

e.             The number of students assigned to teachers at the high school will normally not exceed an average of twenty-four (24) per class, with the exception of specific instances where large group instruction is the recognized norm. The size of classes insofar as practicable shall be predicated upon the methods and materials of instruction, the physical facilities and equipment available, and the recognized goal of a teacher-pupil ratio that makes for the most efficient and effective learning experience for students.

10.4   Middle School Teaching Assignments

a.       In keeping with the long established policy of the Committee and the administration, middle school teachers will not be assigned, except temporarily and for good cause, to teach classes for which they are not certified or which are outside the scope of their major or minor fields of study.

b.        It is the desired objective of the School Committee to limit the maximum size of classes in grades 6-8, to twenty-five (25) students taking into consideration physical facilities, availability of personnel, sound pedagogical administration of the schools and the availability of funds.

c.       A middle school teacher who accepts an additional academic teaching assignment over the typical current teaching model shall be paid a stipend of 5% per semester of his/her annual salary and shall be relived of his/her duty assignment.

10.5   Elementary Teaching Assignments

a.     It is the desired objective of the School Committee to limit the maximum size of classes in grades Prek-5, to twenty-five (25) students taking into consideration physical facilities, availability of personnel, sound pedagogical administration of the schools and the availability of funds.

ARTICLE XI

Teacher Preparation Time

11.1     High School Teacher Preparation Time - High school teachers will be provided a minimum of 410 minutes per week of non-assigned preparation time during the student day. Non-assigned preparation time shall be scheduled so that no time period is less than thirty (30) minutes duration and will be spent in the best interest of the students and their education by reserving the time for research, preparation, correcting, and student consultation. The teaching load of a classroom teacher will consist of five (5) classes.

11.2      Middle School Teacher Preparation Time effective 2009-2010 school year

Middle school academic teachers will be provided a minimum of 395 minutes per week of non-assigned preparation time during the student day. Integrated academic teachers will be provided a minimum of 345 minutes of non-assigned preparation time during the student day. Non-assigned preparation time shall be scheduled so that no time period is less than thirty (30) minutes duration and will be spent in the best interest of the students and their education by reserving the time for research, preparation, correcting, and student consultation. Common planning time will also be spent in the best interest of the students and their education and may be used for, but will not be restricted to: interdisciplinary curriculum development; Section 504, IEP, and student assistance meetings; and other administrative tasks and responsibilities.

11.3      Elementary Teacher Preparation Time

All elementary teachers will be guaranteed a minimum of 200 minutes per week of non-assigned preparation time during the student day. In addition, elementary teachers will also be guaranteed one (1) sixty (60) minute planning period on Wednesday. Non-assigned preparation time shall be scheduled so that no time period is less than thirty (30) minutes’ duration for kindergarten teachers and specialists teachers and forty (40) minutes’ duration for teachers of grades 1 through 5 and all day kindergarten. Every effort will be made to provide this time on four (4) different days per week. In addition teacher will be allocated a 20-25 minute block of time surrounding the 20 minute duty free lunch. This block will be defined as teacher administrative time. Every effort will be made to ensure that teachers will determine use of this time for activities including but not limited to: student tutorials, parent communications, afternoon setup, completing reports and forms and engaging in professional discourse. On occasion, teachers may be asked to attend a meeting during this time provided that the teacher has a preparation period during the day of the meeting. Non-assigned preparation time will be spent in the best interest of the students and their education by reserving the time for research, preparation, correcting, and student consultation.

11.4      Special Education Teachers - The building principal will work with special education teachers to develop a schedule which allows special education teachers an opportunity for planning (including planning with their teaching assistants) within the work week schedule on an equitable basis with classroom teachers in the same building. The final decision regarding the schedule will remain the responsibility of the building principal.

ARTICLE XII

Paid Leave

12.1       Professional Days

a.           Professional days and evaluation days can provide valuable professional experiences and are viewed favorably by the administration. Days for visiting and evaluation must be approved in advance by the building principal and Superintendent.

b.           The Superintendent may, at his/her discretion, grant permission to a teacher to be absent for professional development and enrichment. The Superintendent of Schools delegates this authority to Principals except that the Principal shall confer with the Superintendent whenever a substitute is required or the expenditure of money is involved. Whenever the visit requires a day’s absence, a paid substitute may be employed.

c.          Teachers who serve on evaluation committees for the New England Association of Secondary Schools and Colleges (NEASC) may be granted the days necessary to serve on said evaluation committees. These days are separate from sick leave and personal days.

d.           Days taken as “Professional Days” will not be subtracted from the days involved with sick leave or personal leave.

12.2      Personal Business Leave

a.          The School Committee and the Association recognize that occasionally compelling personal reasons arise that necessitate absence from the regular school day. Two (2) days leave per school year with pay, and not deducted from sick leave, will be allowed to each teacher for compelling personal reasons. The staff recognizes its obligation to the educational welfare of the students and the need to avoid unnecessary absences. The parties agree that personal leave is intended to accommodate personal emergencies or legal arrangements that cannot be made outside of the school day as well as significant events such as graduations and weddings in the immediate family. This listing is intended as examples of compelling personal reasons and is not intended to be all-inclusive. The professional judgment and sense of responsibility of the teacher is relied upon. Prior permission and explanation is not required (except as noted below) although the teacher is expected to give the Principal as much advance notice as is practicable.

b.           All personal leave days immediately before or after vacations and holidays and at the beginning or end of the school year must be approved by the Superintendent or his/her assigned representative. Each situation will be evaluated by the superintendent or his/her assigned representative. An employee should realize that if leave is approved one may forfeit per diem salary for the days missed and/or be requested to pay for substitute coverage.

c.       A member may carry over one additional personal day for a total of three days in the subsequent year. A teacher must provide notice on or before May 1st as to whether he/she intends to carry over a personal day.

12.3      Emergency Leave - In addition to the two (2) days of leave described in the preceding paragraph, the Superintendent or his/her designee, may authorize up to three (3) additional days per school year for unusual or emergency situations that are compelling and justifiable in her/his opinion. These days are not to be deducted from sick leave.

12.4      Religious/Ethnic Observance LeaveIn addition to the two (2) days of leave described in 12.3 the Superintendent or his/her designee may authorize additional leave for up to three (3) days per school year for religious or ethnic observances. This leave will be granted as non-cumulative, paid leave.

12.5        Bereavement Leave

a.            Up to five (5) extra days per year for death in the immediate household or immediate family of such teacher, or the death of another close significant person to the teacher. Notification of the need for such leave shall be made to the Superintendent.

b.            Additional consecutive days may be granted upon request with approval of the Superintendent for the following reasons: travel, distance and time, legal matters, religious reasons, delayed funeral or for any other unforeseen circumstances. However, the determination of the Superintendent concerning such additional days shall not be subject to the grievance and arbitration procedures of this Agreement.

12.6      Jury Duty - The Committee agrees to pay any teacher who is called to jury duty the difference between his/her regular salary and his/her payments for jury service minus travel reimbursement for school days actually missed. To be eligible for payment under this section a teacher must furnish documentary evidence from the court which sets forth the amount of payments received by him/her as a juror. Payment by the Committee will be made as soon as practicable after the documentary evidence for a particular period of service is furnished.

12.7      Travel Compensation - Teachers as defined in the unit as set forth in Section 1.2 will be compensated for any necessary expense in traveling to destinations for conferences, consultations, or other school business as long as the purpose for the travel is directly related to their assignments and has been given prior approval by the Superintendent. Teachers who are authorized to use their private automobiles for such travel shall be reimbursed. The mileage reimbursement rate for a particular fiscal year will not be decreased after the commencement of that fiscal year.

ARTICLE XIII

Unpaid Leave

Leaves of absence without pay may, at the discretion of the Superintendent, be granted for the following:

13.1      Health - Any teacher whose personal illness extends beyond the period compensated by sick leave will be granted a leave of absence without pay for up to six months. Such requests must be made to the principal with final approval granted by the Superintendent.

13.2      Maternity and Adoption – Refer to Article XV, page 23.

13.3      Paternity - Requests for leave must be made to the principal delineating the number of days requested. Paternity leave will be granted upon the recommendation of the principal and at the discretion of the Superintendent.

13.4   Military Service – Any employee, who enlists or is drafted into the military service of the United States, or in an auxiliary corps connected therewith, will be treated in accordance with the current state and federal laws governing such service.

13.5      Teaching Abroad – Requests for leave must be made to the principal. Such unpaid leave will be granted upon the recommendation of the principal and at the discretion of the Superintendent.

13.6      Approved Travel - Requests for leave must be made to the principal. Such unpaid leave will be granted upon the recommendation of the principal and at the discretion of the Superintendent.

13.7      Other Approved Reasons - Requests for other reasons must be made to the principal. Such unpaid leave will be granted upon the recommendation of the principal and at the discretion of the Superintendent.

13.8      Increment - The increment for yearly service will be granted to a teacher returning from a leave of absence who completed 90 days on the job in the school year preceding the commencement of the leave except that any increment may be withheld for just cause. The rights and benefits of accrued sick leave, professional status, seniority, senior staff status and salary placement, which the teacher enjoyed as of the date of the leave of absence shall be restored to him/her upon his/her return from the leave of absence.

13.9    Seniority - When a member is out on unpaid leave for the entire school year, that year will not count toward the accumulation of seniority as defined in Article XVIII, Section 18.1(b)

ARTICLE XIV

Leave of Absence for Professional Study

14.1       Conditions for Leave of Absence - Staff members who achieved professional teacher status and who have been in the system for several years and appear likely to continue in the system for several years may at the discretion of the Committee, on the recommendation of the Principal and Superintendent, be granted a leave of absence for study for up to one (1) school year’s duration.

14.2       Compensation - The Committee may pay up to 100% of the salary the teacher would have received had he/she been in the system the year of the leave. The applicant shall make full disclosure to the Committee of all grants (and other similar stipends to be received) and such grants will at the discretion of the Committee be considered a part of total pay. Tuition grants will not, however, be considered a part of total pay. The salary on returning to the position after such leave with pay shall include a step on the schedule as a year of teaching experience.

14.3       Return to Service - The teacher prior to taking such leave shall enter into a written agreement with the School Committee that upon termination of such leave he/she will return to service in the public schools for a period equal to twice the length of such leave and that, in default of completing such service, he/she will refund an amount equal to such proportion of pay and allowances, with interest, received by him/her while on leave. In case of death or permanent disability this requirement shall be waived.

14.4      Rights and Benefits - The rights and benefits of accrued sick leave, tenure, seniority and salary placement, which the teacher enjoyed as of the date of the leave of absence, shall be restored to him/her upon his/her return from the leave of absence.

ARTICLE XV

Childbearing and Childrearing Leave

15.1   Childbearing Leave

a.       Pursuant to Massachusetts General Laws, Chapter 149, Section 105D, every female employee who has completed the initial probationary period of ninety (90) days is entitled to at least eight (8) weeks for the purpose of giving birth, provided she gives at least two (2) weeks notice of her expected departure and return dates.

b.       A teacher intending to take a leave of absence under 15.1a and who wishes to be eligible for childbearing leave shall notify the Superintendent of her approximate date of leave commencement and whether or not she anticipates taking a childrearing leave at least four (4) weeks prior to the commencement of the leave. A teacher is urged to give notification of leave as soon as possible to provide the Principal and Superintendent with sufficient time to secure a substitute teacher and insure continuity of instruction.

c.       Additionally, under the Family Medical Leave Act (FMLA), a teacher who has completed one full school year in the District, shall be entitled to an additional four (4) weeks leave (for a total of twelve weeks leave) beyond the eight (8) weeks granted under MGL, Chapter 149, section 150D for the purpose of giving birth. If the teacher has not completed one full school year in the District, she is only entitled to an eight (8) week leave.

d.       Upon receipt of a doctor’s letter verifying disability periods due to pregnancy or childbirth which certifies the length of time the teacher will be disabled, a teacher is eligible to use accumulated sick days towards the leave. The remaining portion of the leave will be unpaid.

e.       The teacher, upon completion of childbearing leave, shall be restored to the position she held when her leave commenced or a substantially equivalent position.

15.2     Adoption Leave

a.       A teacher who has completed three (3) months of consecutive employment, and who desires to continue service, shall be granted a leave of absence for the purpose of adopting a child, not exceeding eight (8) weeks duration.

b.       A teacher intending to take a leave of absence under 15-2 and who wishes to be eligible for adoption leave shall notify the Superintendent of his/her approximate date of leave commencement and whether or not he/she anticipates taking a childrearing leave at least four (4) weeks prior to the commencement of the leave. A teacher is urged to give notification of leave as soon as possible to provide the Principal and Superintendent with sufficient time to secure a substitute teacher and insure continuity of instruction.

15.3     Childrearing Leave

a.       Timely with the birth or adoption of a child or upon the completion of a childbearing or adoption leave and at the sole option of the teacher, the Superintendent shall grant a non-paid leave of absence to said teacher for a duration not in excess of the remainder of the current school year except that in the case of a teacher whose initial eight (8) week leave commences on or after February 1 of a school year, the Superintendent shall grant a non-paid leave of absence to said teacher for a duration not in excess of the school year next following the school year in which the leave commences.

b.       Teachers on unpaid leaves of absence may continue group insurance coverage as provided by the Committee to members of this bargaining unit by paying the full premium cost.

ARTICLE XVI

Sick Leave

16.1   Sick Leave

a.          Any regular full time teacher, absent due to personal illness or illness in the immediate family shall be entitled to full pay for fifteen (15) days per year. A teacher who has exhausted the fifteen (15) days allotted annually must furnish evidence to the reasonable satisfaction of the Superintendent to be eligible to utilize remaining accumulated days for personal illness. Full-time teachers may accumulate up to 180 days.

b.          Any regular part-time teacher, absent due to personal illness, shall be credited with sick leave days prorated according to the number of hours or classes (as appropriate) in the part-time teacher’s schedule. A part-time teacher's ability to access accumulated sick days will be similarly prorated.

c.          To be eligible for sick leave a teacher must furnish evidence to the reasonable satisfaction of the Superintendent that the teacher was prevented from working by illness or injury if the absence continues in excess of fifteen (15) days at the prorated annual allotment.

16.2   Sick Leave Bank

a.           All teachers are eligible to participate in the Sick Leave Bank. A teacher who does not wish to participate in the Bank during a particular school year must so advise the Superintendent in writing prior to the beginning of such school year and shall be deemed, in the absence of such advice in writing, to have authorized the Superintendent to transfer days of accrued sick leave from such teacher’s personal sick leave accrual to the Bank as provided herein. Teachers who join the Sick Leave Bank after it has been established shall contribute whole or half days equal to the number of days that each teacher contributed when the Bank was established.

b.           Transfers of sick leave days from the accruals of participating teachers shall be on an equal basis on whole days and/or half days.

c.          Sufficient whole days and/or half days of sick leave shall be transferred from the accruals of participating teachers to begin the Bank at a leave of at least 120 days. Should the number of days in the Bank be reduced to 30 days, the sufficient whole days and/or half days of sick leave shall be transferred from the accruals of participating teachers so that the Bank is replenished to a level of at least 120 days. Unused days remaining in the Sick Leave Bank shall be carried over to the following school year.

d.           Eligibility to draw days from the Bank shall be as follows:

(1)    A teacher must have exhausted all of his/her accrued sick leave days.

(2)    The teacher’s physician must certify to the reasonable satisfaction of the Superintendent that the teacher is disabled from working due to personal illness or injury and that such disability is expected to continue so that it will be necessary to draw on the Bank.

(3)    A teacher will be eligible during the school year to draw from the Bank the number of days which equals the teacher’s individual accrual of sick leave days at the beginning of the school year, but in no event may the teacher draw more than 120 days during his/her teaching career.

(4)   Each time a teacher uses days from the Bank, such days shall be deducted from such teacher’s applicable maximum.

e.           Days and half days transferred to the Bank shall not be restored to a teacher’s personal accrual under any circumstances.

f.    In those cases of accident or severe disability, a professional status teacher whose personal sick leave bank days are exhausted may apply to the School Committee for consideration of the granting of additional sick leave which may be granted at the sole discretion of the Committee.

16.3    Sick Day Buy-Back

a.       Teachers who retire under the Massachusetts Teachers’ Retirement System shall, after retirement, be paid for up to 180 accumulated unused sick days in accordance with the following formula: (Number of Sick Days) x (Final Year’s per diem Salary Rate) x 5%. Payment for up to 180 accumulated unused sick days will be paid no later than July 30th of the fiscal year after retirement if notification of said retirement is submitted to the Superintendent by December 1st.

b.       Part-time teachers are eligible for payments in accordance with the above schedule on a pro-rata basis.

ARTICLE XVII

Transfers

In order to insure that students are taught by teachers working within their licensure the following policies are agreed to. The term “grade level” refers to grades PK-5 at the elementary school level, grades 6-7-8 at the middle school level and grades 9-12 at the high school level.

17.1     Posting of Vacancies - Teachers from within the bargaining unit shall be considered along with other candidates for positions of greater responsibility or salary differential. To this end, professional positions in the Hamilton-Wenham Regional School District, which the Committee has decided to fill for a period in excess of twenty (20) school days, will be publicized by sending notice suitable for posting to each Association Building Representative and to the President of the Association contemporaneously with such vacancy posted on the district and the association website and the advertising of such vacancy with other sources. Said notice shall set forth the general qualifications for the vacant position, a general description of the duties, the rate of compensation and the date the notice of the vacancy was sent to the Association. The posting notices shall include the application deadline date in order to insure consideration for the position. If a position opens in the summer months, notification will be sent to the President of the Association or his/her representative via email, and the notice will be posted on the websites for the Association and District.

The Superintendent will not make any final decision with respect to filling any vacancy arising between the start of the school year and July 15 prior to fourteen (14) calendar days from sending to the Association the aforesaid notice and it will not make any final decision with respect to filling any vacancy arising between July 15 and the start of the school year prior to seven (7) calendar days from sending such notice to the Association.

In all cases where school employees are being noncompetitively reappointed to extra duty positions, no posting shall be required. If an employee is not to be reappointed he/she shall be notified of the non-reappointment before the position is posted.

The current practice of posting professional positions not involving promotion or salary differential will be continued for informational purposes. During the school year, the Superintendent will not make any final decision with respect to filling a vacancy not involving promotion or salary differential prior to three (3) school days from the time a posting notice is sent to the Association in accordance with the first paragraph of this Section. Teachers interested in transfer opportunity shall signify their interest in the position within this three (3) school day period. Provided, however, that if the position is filled by transfer and the position vacated by the transferee is substantially the same as that originally posted, no re-posting will be necessary.

Notwithstanding the foregoing, vacancies shall first be filled by teachers who accept recall from layoff pursuant to Section 18.3.

The Superintendent will notify the Association in writing of all existing positions which he/she has determined not to fill.

17.2   Voluntary Transfer

a.          Any teacher wishing to be transferred to another grade and/or assignment effective the next school year shall make his/her request in writing to the Superintendent indicating the grade and school to which the teacher desires to be transferred. Said request shall be made prior to March 31, and shall be acknowledged within thirty (30) days of receipt and shall be effective only for the immediate following school year.

b.          Voluntary requests for transfer to positions within the same grade level (PK-5 or 6-7-8, or 9-12) shall be granted to the extent that an opening is available and that the Superintendent of Schools endorses the transfer considering such factors as the teacher’s credentials, certification, teaching style, special training, experience and the needs of the instructional program including consideration of role models.

c.           If a teacher with professional teacher status is laid off due to the elimination of the teacher’s position or if a teacher with professional teacher status is displaced by the return of a teacher from a leave of absence, said teacher shall be offered and granted a transfer to any open position within the same grade level provided that said teacher otherwise has not been reappointed and the Superintendent of Schools endorses the transfer considering such factors as the teacher’s credentials, licensure, teaching styles, special training, experience and the needs of the instructional program including the consideration of role models. The Superintendent reserves the right in his/her sole discretion to offer and grant to a teacher a transfer to any other open position not necessarily within the same grade level notwithstanding anything in the foregoing to the contrary.

17.3   Involuntary Transfer

a.          Involuntary transfer of teachers may be made by the Superintendent only to meet the best interests and/or needs of the Hamilton-Wenham Regional School District and/or students. Such factors as enrollment trends and class size, teacher’s credentials, licensure, teaching style, special training, experience and the needs of the instructional program including consideration of role models shall be considered.

b.         In the case of an involuntary transfer within a grade level, the teacher shall have the right to a hearing with the building principals and/or the Superintendent at which hearing an Association representative may be present. Notification of involuntary transfer shall normally be made prior to August 15 of the school year preceding its effect.

c.          A teacher who is involuntarily transferred after June 1 may be informally observed but will not be formally evaluated in the new subject area or grade level prior to November 1 of the year in which the transfer is effective.

d.          Specialist teachers may be assigned PK-12 according to their licensure as determined by the Superintendent notwithstanding anything to be contrary in this Agreement.

ARTICLE XVIII

Reduction in Staff

18.1      Reduction in Staff

a.          In the event the Committee should determine following any normal attrition that it is necessary to reduce the number of teachers on its staff, a teacher with professional status shall not be laid off if there is a teacher without professional status whose position the teacher with professional status is qualified to fill.

b.          If a reduction involves the layoff of a teacher with professional status, layoffs shall be grades 9-12 on a departmental basis, grades 6-7-8 on a discipline basis, within grades PK-5, PK-12 specialist teachers (art, music, physical education, technology education and special education) and grade 6-12 foreign language teachers. The order of layoff within a 9-12 department or 6-7-8 discipline, within grades PK-5, PK-12 specialist teachers (foreign language, art, music, physical education, technology education and special education) shall be based on the following factors: professional competency and ability, areas of specialty and major and minor field of study. In the event two or more teachers have relatively equal qualifications, the Superintendent shall lay off the teacher with the least seniority. Seniority shall be determined by length of continuous service in the Hamilton-Wenham Regional School District including any period of approved leaves of absence.

c.          The Superintendent shall make a good faith effort to communicate with teachers potentially impacted by budget cuts on/or before May 1st. A teacher so affected by a reduction shall be notified in writing by the last Friday in May except if, as a result of the Regional School District budget process specified in Chapter 71, Section 16B, no District budget is approved, or the total amount of the District budget which is so approved (and funded by appropriations of both Towns) is less than the total amount of the budget previously adopted by the Committee, then within ten (10) days after approval by both towns of such a reduced budget, teachers who are to be so affected will be notified by the Superintendent that he/she will be dismissing the teacher. Before adopting any reduced budget, the Committee and/or the Superintendent will offer the Association an opportunity to meet for the purpose of discussing possible alternatives.

18.2       Recall Rights - A teacher with professional teacher status who is laid off shall have recall rights from the time of notification and for a period of fifteen (15) months following the ending of the school year immediately preceding the beginning of his/her layoff. Said recall rights may at the sole option of the teacher be extended for an additional twelve (12) months if the teacher notified the Superintendent of the exercise of this choice during the month of March of the first year of the layoff.

18.3   Order of Recall for Teachers with Professional Status

a.          High School - At the high school level a laid-off teacher shall have preference in inverse order of layoff to fill any vacancy within the bargaining unit that is within the same department at the high school as the position he/she last held and is otherwise qualified to fill, prior to and consistent with the filling of vacancies as provided by Section 17.1 of this Agreement or any other transfer by incumbent staff.

b.          Middle School - Within grades 6-7-8 a laid-off teacher shall have preference in inverse order of layoff to fill any vacancy within the bargaining unit that is within the same discipline at the middle school as the position he/she last held and is otherwise qualified to fill, prior to and consistent with the filling of vacancies as provided by Section 17.1 of this Agreement or any other transfer by incumbent staff.

c.          Elementary Schools - Within grades PK-5 a laid-off teacher shall have preference in inverse order of layoff to fill any vacancy within the bargaining unit that is within the PK-5 school level and he/she is otherwise qualified to fill, prior to and consistent with the filling of vacancies as provided by Section 17.1 of this Agreement or any other transfer by incumbent staff.

d.          Specialist Teachers - Specialist teachers (art, music, physical education, technology education and special education) shall have preference in inverse order of layoff to fill any vacancy within the bargaining unit that is within the same discipline PK-12. Foreign Language teachers shall have preference in inverse order of layoff to fill any vacancy within the bargaining unit that is within their licensure, PK 12.

e.          Seniority - In any instance where the Superintendent’s decision to layoff two or more teachers was made on the same day, the Superintendent shall recall the teachers in order of seniority. A teacher shall notify the Superintendent in writing of his/her acceptance of any position offered under this provision within seven (7) days of the date the Superintendent mails an offer of employment to the teacher’s address of record as filed with the Superintendent. A teacher who is offered and who declines recall to a vacant position which such teacher is qualified to fill shall have no further recall rights.

f.           Insurance Coverage - During the effective period of recall rights, laid-off teachers may continue group insurance coverage as provided by the Committee to members of the bargaining unit by paying the full premium costs and shall be given priority on the substitute list if they choose to be so recorded.

The rights and benefits of accrued sick leave, professional status, seniority, and salary placement, which the teacher enjoyed as of the date of layoff, shall be restored to him/her upon his/her return from layoff.

ARTICLE XIX

Teacher Evaluation

19.1      Teacher Evaluation - Consistent with the usual and existing practices at the Hamilton-Wenham Regional School District, all monitoring and/or observations of the work performance of a teacher will be conducted openly and in a professional manner. Teachers will be given a copy of any written evaluation report which is prepared as a result of any specific observations and will have the right to discuss such report with their evaluator.

19.2      Professional Status Teachers will be evaluated in writing every other year. The Principal and/or his/her designee will be the primary evaluator at the elementary and middle schools. At the high school the Department Chairperson will evaluate professional status teachers subject to the review and approval of the Principal or his/her designee. A teacher and/or administrator may request an individual who is otherwise employed by the District to conduct a partial evaluation in his/her area of specialty.

19.3    Pre-Professional Status Teachers shall be evaluated annually in writing. The Principal and/or his/her designee will be the primary evaluator at the elementary, middle and high school levels. The Department Chairperson, Director of Curriculum and /or Director of Student Services will conduct observations that contributes to the final summative evaluation. Said evaluation, together with any partial evaluations, will be given consideration by the Superintendent in reaching a decision regarding reappointment, or election to professional teacher status.

19.4      Unsatisfactory Performance - Teachers whose service has been rated unsatisfactory or who have been formally criticized or reprimanded by a supervisor in any respect shall be notified of such action, and shall have the right, upon request, to meet with the rating or evaluating supervisor who shall review and fully explain the rating of the teacher. Said reviewing supervisor shall also define and suggest to the teacher areas for remedy and improvement of the rating, criticism or reprimand.

ARTICLE XX

Teacher Records

20.1   Personnel File

a. With regard to the personnel file of all teachers, the Committee hereby reaffirms its belief in and compliance with the so-called “open folder rule” of the laws of the Commonwealth as more fully explained in Chapter 71, Section 42C of the General Laws which preserves a teacher’s right to examine and copy personnel folders, files, cards and records concerning either the teacher or his/her work, provided that such examination shall be in the presence of a school official or his/her designee. This should not be construed as giving teachers the right to examine records which the school system has received in confidence from the reference source.

However, consistent with the cited statute, it shall be the responsibility of the individual teacher to request and periodically review his/her folder. The teacher may submit a written notation regarding any material and the same shall be attached to the file copy of the material in question. If the teacher is asked to sign material placed in his/her file, such signature shall be understood to indicate his/her awareness of the material, but in no instance shall said signature be interpreted to mean agreement with the content of the material. The Committee urges the teachers to review regularly their personnel folders in order to protect fully their rights to implement fully the terms, provisions and tenets of this Agreement.

ARTICLE XXI

Insurance

21.1      Health InsuranceA health insurance plan and a group term life insurance policy in the amount of $20,000 are available to all active employees of the Hamilton-Wenham Regional School District, at the time that they enter employment and/or upon the reopening date of said plans. The District will pay 60% of the total monthly cost of said plans. Health insurance benefits are available to dependents (up to age of 26) of members of the bargaining unit in accordance with the applicable state and federal statutes. The group insurance plans of the District shall be procured and administered in accordance with the Massachusetts General Laws.

21.2      Health Insurance Best Buy Option – Effective July 1, 2011, the current Hi and Lo options Harvard Pilgrim Health Care HMO plans will be replaced with the Harvard Pilgrim Best Buy $500 Option Plan. The committee will reimburse members for the first 50% of their deductible: $500 for members with individual coverage and $1,000 with family coverage. The HPHC Health Reimbursement Account (HRA) claims process will automatically provide payment to the provider within two business days of receiving the claim. An electronic file will be sent to the HRA vendor weekly. Members will not be required to submit paperwork. The HRA procedure is referenced and explained in Appendix G, attached to this MOA. In addition, members currently enrolled in the Lo Option plan will be compensated with $100. The Harvard Pilgrim Best Buy $500 Option Plan includes the following plan design:

The Harvard Pilgrim Health Care Point of Service plan and Preferred Provider Option plan will continue as a health insurance option for members. Both plans offer in-network and out of network benefits with the in-network (HPHC contracted providers) paid after member co-pays.

Plan design co-payments include the following:

Members enrolled in the Point of Service and Preferred Provider Option plans will not be eligible for the Health Reimbursement Account (HRA) referenced above.

21.3      Insurance for Teachers on Unpaid Leave - Teachers on unpaid leaves of absence may continue group insurance coverage as provided by the Committee to members of this bargaining unit by paying the full premium cost.

21.4      Disability Insurance - A disability insurance program for bargaining unit members will be available. The District will incur no costs associated with the implementation of this benefit.

21.5      Flexible Spending Medical/Dependent Program - The District will establish a Flexible Spending Medical/Dependent Program.

a.          The District will provide for and pay the one-time set up costs to implement the program.

b.          The District will pay an annual administrative fee for employees who opt into the program for the duration of the contract.

c.          All employees will enroll in the same plan and will be eligible for on-line enrollment. The deduction period will run from October through June. The number of deductions will be determined by the payroll calendar for the fiscal year.

d.          An employee will be eligible to deposit up to $3,000 in his/her health care flexible spending account.

e.          An employee will be eligible to deposit up to $5,000 in his/her dependent care account.

21.6 Insurance Negotiations - The parties agree to commence discussions, research and potential bargaining on health insurance options of benefit to the district and employees and retirees as soon as possible after the ratification of this agreement and at no point later than September, 2011. The parties agree to evaluate enrollment in the Group Insurance Commission. Regardless of any potential or actual legislative changes to G.L. c 32B Section 19, any provision of G.L. c 150E, any other section of the General Laws, and/or special law, including but not limited to the Acts of 2011, the Committee agrees to not unilaterally implement further health insurance plan design or premium split modifications prior to June 30, 2012. Both parties retain any and all of their current bargaining rights in effect at the time of the ratification of this agreement and agree that the distribution of future health insurance savings will be bargained.

ARTICLE XXII

Grievance Procedure

22.1      Purpose

The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to each and every grievance. All grievances will be handled as provided in this Article. The parties agree that such procedure shall be kept as informal and confidential as may be appropriate for the grievance involved at the procedural level involved.

In order to insure the ability of teachers to pursue freely their rights under this Article, the Committee agrees that no reprisals of any kind will be taken by the School Committee or by any member of the administration against any party in interest, any member of the Association or any participant in the grievance procedure by reason of such participation.

22.2      Definitions

The following definitions shall apply for purposes of this Agreement: a.     A “grievance” shall mean a complaint by a teacher (or, in the case of a group or class grievance, a group or class of teachers) that as to such teacher (or teachers) the Committee has interpreted and applied this Agreement in violation of a provision hereof.

b.     An “aggrieved teacher” shall mean the teacher or teachers making the complaint, except that in the case of teachers without professional status, the Association may make the complaint.

22.3      Time Limits

Since it is important that all grievances be processed as rapidly as possible, the number of days indicated at each level is to be considered as maximum and every effort should be made to expedite the process. The time limits specified may be extended only by prior mutual agreement in writing. “Days”, as used in this Article, shall mean school days from the first teacher work day through May 31 and calendar days (Monday through Friday) during the period June 1 through August 31.

If a teacher or the Association does not present the grievance in accordance with Section 22.5a or 22.7d, respectively, within twenty (20) days after the teacher or Association, respectively, first knew or reasonably should have known of the act or condition on which the grievance is based then the grievance shall not be subject to the grievance procedure or to arbitration under this Article. A grievance which is not pursued within this time limit at any stage of this grievance and arbitration procedure shall be deemed waived and shall not thereafter be subject to the grievance procedure or to arbitration under this Article.

In the event a grievance is filed on or after April 1, the time limits set forth herein may be reduced by written agreement between the parties so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.

22.4      Representation

Nothing in this Agreement shall prevent any teacher from individually presenting any grievance without the intervention of the Association, provided the adjustment is not in violation of the terms of this Agreement and provided further that the Association may be present at grievance meetings and state its position on the grievance.

The teacher may be represented at any or all stages in the grievance procedure by a person of his/her own choosing, except that he/she may not be represented by a representative or an officer of any teacher organization other than the Association.

22.5      Grievance Procedure

a.     Principal Level - The aggrieved teacher must first present the grievance either orally or in writing to the principal of his/her school or, in cases where a teacher is not accountable to a single principal, to his/her next immediate supervisor, not a member of this bargaining unit, within twenty (20) days after the teacher first knew or reasonably should have known of the act or condition on which the grievance is based. The principal, supervisor or designee shall meet with the aggrieved teacher to discuss the grievance and shall provide a decision in writing within five (5) days after the presentation of the grievance at this level.

b.          Superintendent Level - If the grievance is not settled at the preceding level, the grievance may be presented, in writing, to the Superintendent within five (5) days after the receipt of the decision in the preceding level. The specific nature of the complaint and the contract provisions alleged to have been violated shall be included at this time. The Superintendent or his/her designee shall meet with the aggrieved teacher, within five (5) days after receipt of the written grievance by the Superintendent, to discuss the grievance. The Superintendent or his/her designee shall issue a written decision within (five) 5 days after the conclusion of such meeting.

c.           Committee Level - If the grievance is not settled at the preceding level, the grievance may be presented to the School Committee by giving written notice to the Superintendent within five (5) days after the receipt of the decision in the preceding level. The Committee or its subcommittee shall meet with the aggrieved teacher and the Committee shall issue a written decision within fifteen (15) days after receipt of such written notice.

d.          Appeal to Arbitration - If the grievance is not settled at the preceding level, the Association may submit the grievance to arbitration in accordance with Section 22.6. The Association President shall give written notice to the Committee, care of the Superintendent, of such decision no later than (10) days after receipt of the decision by the Committee in the preceding level.

22.6 Arbitration

In the event the Association submits a grievance to arbitration (Section 22.5d), the arbitrator shall be selected according to, and shall be governed by, the procedure set forth in this section.

a.   Selection of Arbitrator - Within ten (10) days after receipt of notice of submission to arbitration, referred to in Section 22.5d, the Committee or its designee and the Association will endeavor to agree upon a mutually acceptable arbitrator and to obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment to serve, the grievance may be referred to the American Arbitration Association by the Association within twenty (20) days after receipt of the notice of submission to arbitration. In such event, the arbitrator shall be selected in accordance with the rules of the American Arbitration Association applicable to voluntary labor arbitrations. The School District and the Association shall share equally in compensation and expenses of the arbitrator.

b.          Question of Arbitrability - Questions of Arbitrability are not waived and may be raised by either party in arbitration or in any other appropriate forum.

c.          Conduct of Arbitration - Any arbitration hereunder shall be conducted in accordance with the rules of the American Arbitration Association applicable to voluntary labor arbitrations, subject to the provisions of this Agreement.

d.          Arbitrator’s Function and Authority - The function of the arbitrator is to determine the interpretation and application of specific provisions of this Agreement. There shall be no right in arbitration to obtain, and no arbitrator shall have any authority or power to award or determine any change in, modification or alteration of, addition to, or detraction from any of the provisions of this Agreement. In reaching his/her decision, the arbitrator shall be subject to the principle that there are no restrictions intended on the rights or authority of the Committee other than those expressly set forth herein.

The decision of the arbitrator, if within the scope of his/her authority and power under this Agreement, shall be final and binding upon the Committee, the Association, and the teacher(s) who initiated the grievance.

22.7   Other

a.          If a decision at any level is not provided within the time limit specified, the grievance shall be deemed denied on the day the decision was due and shall be qualified to be taken to the next higher level.

b.          Decisions, rendered at all levels described in Section 22.5, shall be in writing and will be transmitted promptly to all parties in interest including the President of the Association.

c.          All documents, communications and records dealing with the processing of the grievance will be filed separately from the personnel files of the aggrieved teachers.

d.          Group Grievance - If a grievance affects a group or class of teachers, the Association may directly submit such grievance in writing at the Superintendent level.

e.   Waiver of Procedure - If the aggrieved teacher and the Superintendent agree, the Superintendent level specified in Section 22.5b may be omitted and the grievance may be presented directly at the Committee level.

22.8   Complaint Procedure

a.          A complaint by a teacher (as distinguished from a grievance defined in Section 22.2) relating to a matter of wages, hours and conditions of employment, but which is not specifically provided for in this Agreement, shall be handled in the manner prescribed below:

b.          Within twenty (20) school days after the teacher first knew or reasonably should have known of the act or condition giving rise to the complaint, he/she shall initiate attempts at resolution following the procedures of the Principal and Superintendent levels of the grievance procedure. If the complaint is not resolved at the Superintendent level, the complainant may present his/her complaint to the Committee on Mutual Concerns within five (5) school days after the conclusion of proceedings at the Superintendent level. It shall be the responsibility of the Committee on Mutual Concerns to hear both sides of the issue and to explore possible resolutions. In the event that the issue is not resolved in the Committee on Mutual Concerns, it shall be the responsibility of the Committee to make a recommendation to the School Committee based on its findings.

c.          Irrespective of the twenty (20) day limit referred to in the preceding paragraph, no reasonable complaint pursued with reasonable timeliness shall be denied this procedure.

d.           The final step in this complaint procedure shall be a hearing of the complainant before the Committee or subcommittee of the Committee at which hearing the complainant shall have the right to Association representation.

ARTICLE XXIII

Teaching Assistants and Substitute Teachers

23.1 Teaching Assistants - Teaching assistants will not be employed, unless in a supporting role under the supervision of a licensed teacher.

23.2      Substitutes - Substitute teachers must hold a college degree or have had successful teaching experience. Student teachers will not be used as substitutes except in extreme emergencies or as deemed necessary by the building principal with the advice of the department chairperson and/or supervising teacher.

23.3      Specialist Substitutes - Every reasonable effort shall be made by the administration to obtain substitutes for music, art, physical education, library, technology, and foreign language specialists at the elementary school level.

ARTICLE XXIV

Teacher Protection and Limitations

24.1 Teacher Involvement in Assault and Battery - Teachers will immediately report to the Superintendent in writing (with copies of the report also given to the Principal), all cases of actual or suspected assault and/or battery suffered by them in the course of their employment in the school. Likewise, teachers will report in writing as above any incident in the course of their employment which involved the touching of an individual and which might in their reasonable opinion give rise to a charge of assault and/or battery against them.

The teacher’s report will be forwarded to the Committee or their designee. The Committee will comply with any reasonable request from a teacher or the Association for information in its possession relevant to the incident, persons directly involved, and will otherwise reasonably act and cooperate with the teacher, police and the courts to the extent it is possessed of such knowledge, reports and information of the incident as the employing authority; provided however, that the Committee deems such action to be reasonable and within the best interest of the school system. The teacher will comply with any reasonable request from the Committee for information concerning the incident and the persons involved.

If an action is brought against the Committee under Chapter 258 of the General Laws, the member or members of the bargaining unit shall provide reasonable cooperation to the Committee in the defense of such action. The Committee recognizes that information obtained from a member of the bargaining unit in providing such reasonable cooperation may not be used as evidence in any disciplinary action against the employee. The Committee agrees that it shall procure insurance to indemnify members of the bargaining unit to the extent permitted under Section 9 of Chapter 258 of the General Laws.

ARTICLE XXV

Salary

25.1      Salary Schedule

During the terms of this Agreement, the basic annual salary for all full-time teachers as defined in Section 1.2.a shall be determined as set forth in Appendices A, B, C, D, E. & F which are attached hereto and made a part of this Agreement. Salaries of regular part-time teachers shall be based upon the basic salary for full-time teachers prorated according to the number of hours or classes (as appropriate) in the part-time teacher’s schedule.

Only those courses and degrees which relate fairly directly to the teachers’ expected duties at the Hamilton-Wenham Regional School District qualify for consideration for placement on the schedules beyond the Bachelor’s Schedule. For newly hired teachers, this judgment will be made by the Superintendent with the advice of the Department Chairperson and Principal, using the same criteria as applies to existing staff.

Full-time permanent substitutes shall be paid at the first step of the Bachelor’s or Master’s scale depending upon their educational preparation and the relation of their degrees to the courses and programs that they will be teaching as determined by the Superintendent.

Teachers are eligible for changes in a column effective the first or the fourteenth pay period of the school year, provided that written notice of such intent was given to the Superintendent prior to December 1 of the previous school year and that evidence of qualification is presented prior to the date of eligibility as defined above.

A teacher who has achieved B+33 status and who subsequently earns a Master's degree from an accredited college or university may apply the credits beyond the Bachelor's degree to the M+30 column. No course may be counted for credit on more than one advanced column.

25.2      Salary Rate

The salary of a teacher whose contract for employment commences after the beginning of any school year or whose contract is terminated before June 30 of any school year or whose employment is interrupted by leave without pay or other unpaid absences shall be deemed to be 1 divided by the number of teacher work days multiplied by his/her annual salary multiplied by the number of days which the teacher actually taught. For example, a teacher’s salary on Step 2 of the Bachelor’s column of the salary scale who works 50 days would be calculated as follows: 1 ÷ 183 days x $46,478 x 50 days = $12,699

25.3   M (B+33), M+30, M+45, and M+60/Doctorate Salary Scales

a.       A candidate to qualify for payment on the M (B+33), M+30, M+45, M+60/Doctorate salary schedule shall develop a program plan in conjunction with the Principal or his/her designee. To qualify for payment on these advanced scales; the Superintendent must approve the program in advance of course work. Course work, which may appear to fall outside the scope of the program plan, shall be submitted for prior approval to the Superintendent.

b.       All candidates will be notified in writing of acceptance or rejection of the proposed program plan within thirty (30) days of submission to the Superintendent.

c.       Placement on B+33, M, M+30, M+45, M+60/Doctorate columns is subject to the following:

B+33 (M) = 24 graduate credits; 9 in-service credits – or - 34 graduate credits

Master’s Degree = approved college and university program

M+30 = 21 graduate credits + 9 in-service credits – or – 30 graduate credits

M+45 = 9 graduate credits + 6 in-service credits – or – 15 graduate credits

M+60/Doctorate = 9 graduate credits + 6 in-service credits - or - 15 graduate credits

d.       Graduate credits must be from courses at an accredited college, university, or on-line institution. The in-service credits can be accrued from professional development activities, travel activities related to the teacher's classroom activities, or other work consistent with the pre-approved program plan. For the purpose of calculating in-service credits, one (1) credit hour will equal fifteen (15) hours of an approved activity.

e.       Credits applied to an approved program of study must be earned within six (6) years of the program approval.

f.           Teachers hired who hold National Board Certification will be placed on M+60/Doctorate column.

g.        A Juris Doctorate Degree may not be used for salary advancement or placement on the M+60/D column.

h.      Effective on the first day of the 2013-2014 school year, a new Masters+75/Doctorate column will be established in the amount of $1,500 more than the M+60Doctorate column. Teachers will be eligible to apply credits (approved in accordance with this Article) earned during the three previous school years toward their lane movement to the new M+75/doctorate column.

25.4      403B Plan

The Committee agrees to contribute to a 403B Plan for all bargaining unit members. A bargaining unit member who wishes to participate in the program must notify the Superintendent in writing no later than the April15th preceding the first year of participation. The Committee will match the first two hundred fifty dollars ($250.00) contributed by each employee. The School Committee will not be responsible for any administrative costs relating to this program and the only legal responsibility related to the 403B Plan will be to transmit the contribution to the appropriate vendor or vendors.

25.5      Tuition Reimbursement

The Committee encourages professional development within the staff and recognizes this achievement through the salary schedule and by means of reimbursements for all or a portion of certain tuition costs subject to the following condition.

a.   Teachers will be eligible for not more than two, four (4) semester hour courses (or their equivalent) per contract year, up to a limit of $125 per credit hour with a maximum of $500 per year. Reimbursement will be subject to the further limitation that a grade of B must be achieved. If a teacher receives a grade of less than a B and still feels that reimbursement is justified, he/she may make an appeal to the Superintendent, who then has the right to waive this restriction after review.

b.    Normally, no more than one reimbursed course may be taken at any one time during the period when school is in session, but the Superintendent may waive this restriction.

c.    The teacher will pay the tuition fees himself/herself and apply for reimbursement by submitting evidence that he/she has successfully passed the course and by submitting a receipted copy of the tuition bill.

d.   The School Committee will budget annually the sum of $30,000 to fund the tuition reimbursement program referred to above. Tuition reimbursement funds will be disbursed in two equal portions to coincide with two semester courses at most colleges and universities.

e.    To be eligible for tuition reimbursement, a teacher to the best of his/her knowledge and intent, should be planning to continue on the staff for the next full school year following the semester when the course is taken.

f.     Each year by the last Monday before the last full week of school, the Superintendent shall provide the President of the Association with a complete statement of tuition reimbursement payments. Said statement shall include: 1) names of teachers receiving reimbursement; 2) where teachers took each course; 3) how much reimbursement, per course, each teacher received; and 4) a list of those teachers that did not receive reimbursement by amount and school.

g.    Professional status teachers who are laid off will upon recall have rights to course reimbursement subject to the funds available stipulated above for two years from the date of layoff with the requirement that their program of study is approved by the Superintendent and relates fairly directly to their anticipated teaching responsibilities upon recall. If employed by another school system, this section would not apply.

25.6      Withholding Exemption Certificates - Employees are required by law to file in duplicate withholding exemptions on forms supplied through the Superintendent’s Office prior to September 1st.

25.7      Time of Payment - The salary payments are based on the total salary divided by twenty-six (26) or on the total salary divided by twenty-two (22) depending upon the election of the teacher, and paid every other Thursday beginning with the first Thursday after the first day of school. Teachers shall notify the Superintendent in writing prior to the close of school for the summer vacation of the installment method desired for the ensuing school year. Otherwise, salary payments will be paid in twenty-six (26) installments.

The Committee will pay a teacher’s remaining salary (less applicable deductions) prior to June 30 if a teacher submits a written request to the Superintendent of Schools before May 1 of that year stating where such check shall be sent. Teachers who elect to have salary installments due during the summer months sent to an address other than their home address shall notify the Superintendent prior to the close of school for the summer vacation.

Payment for seasonal extra-curricular activities, such as Ski Club, will be made at the end of that particular season. Payment for yearly activities will be made semi-annually (mid-year and end of year).

ARTICLE XXVI

Extended Responsibilities

26.1      6-12 Curriculum Leaders, 9-12 Guidance Chairperson and 9-12 Special Education Department Chairperson Curriculum Leaders for grades 6 -12 (English Language Arts, Social Studies/History, Math, Science, Foreign Language Fine/Performing Arts, and Physical Education/Heath Science) and the 9-12 Guidance Chairperson and Special Education Chairperson shall be paid a base stipend plus an increment of $120 for each teacher supervised in the department, exclusive of the curriculum leader and/or guidance chairperson and/or special education chairperson (see Appendix C – Extended Responsibilities Stipend Schedule). For teachers who work in more than one department, the FTE of said teacher shall be the basis to determine the incremental stipend for supervision responsibilities (i.e., .4 FTE x $120 per Appendix C). The work year for the 6-12 curriculum leaders will be 4 days more than the teacher work year at their per diem rate and the special education chairperson will be 5 days more than the teacher work year at their per diem rate. The 6-12 curriculum leaders shall work two (2) days during the two week period preceding the start of the school year and two (2) days during the two week period following the end of each school year, as designated by the Principal of the High School and directed by the Superintendent. The work year for the guidance department chairperson will be 20 days more than the teacher work year per year.

At the recommendation of the High School Principal, the Superintendent will direct and approve a paid a stipend for needed extra work relative to one’s position as the curriculum leader, guidance director, and/or special education chairperson.

26.2      Special Education Chairpersons - Special Education Chairpersons shall be paid a stipend as for extra responsibilities in that capacity; see Appendix C for stipend schedule. Special Education Chairpersons may be expected to work 5 days more than the teacher work year at their per diem rate of pay. The Student Services Director will direct the work of the chairperson for the additional work days.

26.3      High School Guidance Counselors and Chairperson – High School Guidance counselors will be required to work 5 days more than the teacher work year at their per diem rate. The work year is defined as five days prior to the commencement of the teacher school year. The High School Guidance Chairperson will be required to work 20 days more that the teacher work year at his/her per diem rate. The work year is defined as five days prior to the commencement of the teacher school year and five days after the conclusion of the teacher school year; the remaining ten days shall be during July and August as directed by the Principal at the per diem rate of pay.

26.5      Salary Schedule for Extra Curricular Activities and Athletic Programs

Individuals who successfully supervise the non-athletic extracurricular activities and athletic programs listed in Appendix D (Non-Athletic Extracurricular Activities) and Appendix E (Athletic Programs) will be paid the stipends listed over and above their salaries. Payment for seasonal extracurricular and athletic activities will be made at the end of a particular season. Payment for yearly extracurricular activities will be made semi-annually (mid-year and end-of-year).

26.6      Middle School Intramurals - The length of season for each Middle School Intramural Sport shall be determined by the Director of Intramurals at least one week prior to the start of the respective season.

a.          Coaches for Middle School Intramurals will be compensated according to the schedule listed in Appendix F.

b.             The Superintendent will take reasonable efforts to make appointments to Middle School Intramural Coach positions no later than one week prior to the start of the respective scheduled seasons.

26.7      Director of Intramurals - The Director of Intramurals at the Middle School shall be paid an annual stipend listed in Appendix F.

26.8      Coaching Appointments

a.          The major task of the classroom teacher is teaching in the classroom and no one should be assigned more coaching than he/she can reasonably handle consistent with his/her teaching duties.

b.          All appointments to coaching positions are on an annual basis. All appointments for the fall and winter sports shall normally be made by April 15. Appointments to spring sports shall normally be made by November 15.

c.          The list of coaching positions is not to be assumed as a guarantee that the Committee will authorize all the sports or the Superintendent will elect an individual to be the coach or assistant coach in any particular sport.

d.          Any case not covered by the above will be resolved by the Superintendent on the recommendation of the Athletic Director and Principal.

e.          The foregoing salaries are based upon the current job descriptions and scope of duties if this is changed, the salary will be subject to renegotiation between the Committee and the Association.

f.           In the event no qualified person is available from the Regional School System, the position may be filled by others, selected by the Superintendent. Such positions held by non-members of the bargaining unit will be opened and posted annually, giving members of the bargaining unit the opportunity to apply for these positions. Application for these positions does not assure members of the bargaining unit this right to the position, in preference to an outside person who held the position the preceding year.

26.9      Stipend Committee - A Stipend Committee maybe convened at the request of the Superintendent and/or the Association for the purpose of adjusting, adding, or deleting stipended positions. The Committee will consist of members appointed by the Association President and members appointed by the Superintendent in equal numbers. The Superintendent, or his/her designee, will chair this meeting. Recommendations of this committee will be in effect until the next formal negotiations.

26.10    Curriculum Research and Development - The curriculum should be periodically evaluated and revised. Curriculum Research and Development should be carried on under a flexible schedule and dependent upon the needs of the school and the availability of personnel and as recommended by the Principal, Director of Curriculum and Instruction and Department Chairperson with the approval of the Superintendent and voted by the School Committee. Teachers will be paid at the rate of $18.00 per hour and chairpersons at the rate $20.00 per hour for summer or other workshops which are approved for payment by the School Committee. Provisions should be made for follow-up meetings in the school year after the workshop, under the chairmanship of the workshop chairperson. Upon the recommendation of the Superintendent and workshop chairperson, with the approval of the School Committee, persons may be reimbursed for this work.

Extra payment will be made for teaching or curriculum work in a summer term if such a program is established and such payment settled beforehand. The teacher will be informed in writing of the duration of employment and amount of compensation prior to the inception of the program. In such cases, payment will be made in a lump sum after the conclusion of the teaching, curriculum work, or other approved work.

ARTICLE XXVII

Acknowledgement of Negotiations

27.1      Acknowledgement of Negotiations - The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Committee and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or, except as may be provided thereafter, with respect to any subject or matter not specifically referred to or covered, in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.

27.2      The waiver or any breach of condition of this Agreement by either party shall not constitute a precedent with respect to future enforcement of all the terms and conditions of this Agreement.

ARTICLE XXVIII

Provision of Agreement

28.1.1    If any provision of this Agreement or any application of the Agreement to any employees or group of employees shall be found contrary to law by Court order, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications will continue in full force and effect. The parties will meet not later than ten (10) days after any such holding for the purpose of renegotiating the provision or provisions affected.

ARTICLE XIX

Massachusetts Education Reform Act and Federal No Child Left Behind Act

29.1 The parties recognize and agree that the provisions of this Agreement are intended to be given their full force and effect while, at the time, they must be construed in accordance with the terms of the Massachusetts Reform Act of 1993 and the Federal No Child Left Behind (NCLB) Act and any subsequent amendments thereto. Accordingly, and by way of example only, there may be instances where the parties have agreed the “Committee” is to act when, in fact, as a result of the Education Reform Act and/or NCLB the Superintendent and/or principals(s) must now do so. It is the parties’ intention that the obligations of this Agreement continue to be fulfilled even though statutory powers to act may be have been delegated to and must be exercised by persons or entities other than those expressly named herein.

ARTICLE XXX

Duration of Agreement

30.1   Duration of Agreement:

Except as modified by this Agreement, the Agreement dated September 1, 2010 through August 31, 2011 shall continue in full force and effect from September 1, 2011 through August 31, 2014.

The parties agree to make housekeeping language changes as necessary. Should the need arise, due to economic considerations both parties mutually agree to make a good faith effort to enter into midterm bargaining.

Executed in duplicate this 23rd day of June, 2011 by this Hamilton-Wenham Regional School District Committee by its Chairperson and by the Hamilton-Wenham Regional Education Association by its President.

Alexa McCloughan                                                             Vincent Bucci

Alexa McCloughan, Chairperson                                       Vincent Bucci, President

Hamilton-Wenham Regional School                                Hamilton-Wenham Regional

District Committee                                                            Education Association

Official Signatures on File in Superintendent’s Office

APPENDIX A

SALARY SCHEDULE 2011-12

Salary schedule below reflects a 1.5% increase

STEP

BACH.

B+33/M

MASTER’S +30

MASTER’S + 45

MASTER’S + 60/DR

2

41,588

43,648

46,153

47,908

49,541

3

44,031

46,095

48,846

50,604

52,235

4

46,478

48,542

51,544

53,301

54,933

5

48,898

50,965

54,216

55,972

57,604

6

51,598

53,416

56,918

58,674

60,306

7

54,100

55,874

59,623

61,379

63,011

8

56,708

58,499

62,330

64,088

65,719

9

60,214

61,811

65,233

66,989

68,621

10

 

64,341

68,131

69,888

71,519

11

 

67,517

71,213

72,970

74,601

12

 

 

75,126

76,882

78,514

1

___________________________________________________________________________________

1 Add an additional lump sum payment not on base to be paid on or before 1st day of 2011

_____________________________________________________________________________________

APPENDIX A

SALARY SCHEDULE 2012-13

Salary schedule below reflects a 1.0% increase

STEP

BACH.

B+33/M

MASTER’S +30

MASTER’S + 45

MASTER’S + 60/DR

2

42,004

44,085

46,615

48,388

50,037

3

44,472

46,556

49,335

51,111

52,758

4

46,943

49,028

52,060

53,835

55,483

5

49,387

51,475

54,759

56,532

58,181

6

52,114

53,951

57,488

59,261

60,910

7

54,641

56,433

60,220

61,993

63,642

8

57,276

59,084

62,954

64,729

66,377

9

60,817

62,430

65,886

67,659

69,308

10

 

64,985

68,813

70,587

72,235

11

 

68,193

71,926

73,700

75,348

12

 

 

75,878

77,651

79,300

_____________________________________________________________________________________

2 Add an additional lump sum payment not on base to be paid on or before June 30, 2013

_____________________________________________________________________________________

APPENDIX A

SALARY SCHEDULE 2013-14

Salary schedule below reflects a 1.0% increase

STEP

BACH.

B+33/M

MASTER’S +30

MASTER’S + 45

MASTER’S + 60

MASTER’S + 75 /DR

2

42,425

44,526

47,082

48,872

50,538

52,038

3

44,917

47,022

49,829

51,623

53,286

54,786

4

47,413

49,519

52,581

54,374

56,038

57,538

5

49,881

51,990

55,307

57,098

58,763

60,263

6

52,636

54,491

58,063

59,854

61,520

63,020

7

55,188

56,998

60,823

62,613

64,279

65,779

8

57,849

59,675

63,584

65,377

67,041

68,541

9

61,426

63,055

66,545

68,336

70,002

71,502

10

 

65,635

69,502

71,293

72,958

74,458

11

 

68,875

72,646

74,437

76,102

77,602

12

 

 

76,637

78,428

80,093

81,593

APPENDIX B

Senior Status Payments

A senior teacher will be eligible to receive an annual senior teacher status payment in accordance with the following schedule:

 

2011-12

2012-13

2013-14

16th Year of Teaching Service in the District

$1,000.

$1,000.

$1,000.

21st Year of Teaching Service in the District

$1,500.

$1,500.

$1,500.

26th Year of Teaching Service in the District

$2,000.

$2,000.

$2,000.

31st Year of Teaching Service in the District

$2,500.

$2,500.

$2,500.

A teacher who meets the service requirement delineated above will be eligible to receive said senior status payment at the first scheduled pay period in December with the understanding that the annual project or annual commitment will be completed as agreed in the Senior Status Professional Activity Proposal. The teacher must be on the payroll in December to receive said payment.

Teachers who have achieved senior status will engage in a program of continuing professional growth and/or service to the District by developing a mutually agreed upon plan with their school principal which is recommended to and approved by the Superintendent of Schools. The Superintendent and Association President will resolve any disputes. It would be impossible to define and enumerate all of the activities to be considered for eligibility for senior status payments. Senior Status Professional Activities may include, but shall not be restricted to the following examples of activities: mentoring of new staff, peer coaching, curriculum research & writing, leadership roles in staff development, conducting workshops, participation in school improvement councils, other school-based and/or district-wide committees, non-stipend activities, and non-reimbursed courses/workshops that would not count toward a column change.

When teachers begin to receive senior status payments, e.g., at year 16, their payments will continue for years 17, 18, 19, and 20. Payment will change at the next plateau, i.e., one’s 21st year.

Appendix C

Extended Responsibilities Stipend Schedule

 

FY12

FY13

FY14

District Extended Responsibilities

 

 

 

1 New Teacher Trainer

$ 315

$ 315

$ 315

ELL Coordinator

$ 315

$ 315

$ 315

New Teacher Mentor (11)

$1,072

$1,072

$1,072

Tech Coordinator Summer Maintenance (3)

$3,677

$3,677

$3,677

Before-School Traffic Monitor MS/HS (2)

$1,607

$1,607

$1,607

After-School Traffic Monitor MS/HS (2)

$1,607

$1,607

$1,607

High School Extended Responsibilities

 

 

 

Schedule Coordinator

$2,263

$2,263

$2,263

Teacher-in-charge

$2,101

$2,101

$2,101

Substitute Dispatcher

$1,458

$1,458

$1,458

Graduation Advisor

$1,188

$1,188

$1,188

Applied Tech Equipment Maintenance

$ 357

$ 357

$ 357

Project Adventure Compliance Coordinator

$512

$512

$512

Portfolio Coordinator

$ 788

$ 788

$ 788

ELL Evaluator

$ 857

$ 857

$ 857

Middle School Extended Responsibilities

 

 

 

Curriculum Coach (3)

$1,396

$1,396

$1,396

ELL Evaluator

$ 857

$ 857

$ 857

Substitute Dispatcher

$1,458

$1,458

$1,458

Teacher-in-charge

$2,101

$2,101

$2,101

Elementary Extended Responsibilities

 

 

 

Curriculum Coaches (3)

$1,396

$1,396

$1,396

ELL Evaluator (3)

$ 857

$ 857

$ 857

Science Resource Advisor (3)

$ 867

$ 867

$ 867

Student Assistance Team Coordinator (3)

$1,069

$1,069

$1,069

PK-12 SPED Chairs (Per Building)

$3,415

$3,415

$3,415

6-12 Curriculum Leaders, HS Guidance Director & Special Education Department Chair

Grades 9-12 Department Chairs                   Guidance Chairperson and Special Education Chairperson, School Base Stipend - $4,100 + $120 per teacher supervised

Grades 6 -12 Curriculum Leaders                  Foreign Language, Fine Arts, Math, Science, English Language Arts, Social Studies, Physical Education and Health Science Base Stipend: $5,778 + $120 increment per teacher supervised

Appendix D

Non-Athletic Extracurricular Activities

 

FY12

FY13

FY14

HIGH SCHOOL

 

 

 

Alpine Sports Club Advisor

$ 733

$ 733

$ 733

Art Club Advisor

$ 949

$ 949

$ 949

College Bowl Advisor

$1,188

$1,188.

$1,188

College Bowl Assistant

$ 594

$ 594

$ 594

Foreign Language Club Advisor

$ 857

$ 857

$ 857

History Fair Advisor

$1,188

$1,188

$1,188

Interest Clubs Advisors (Up to 4 Clubs per Yr.)

$ 857

$ 857

$ 857

Literary Magazine Advisor

$ 987

$ 987

$ 987

Math Team Advisor

$1,544

$1,544

$1,544

Model UN Advisor

$1,425

$1,425

$1,425

Model UN Assistant Advisor

$594

$594

$594

National Honor Society Advisor

$1,247

$1,247

$1,247

Peer Mediation Advisor

$1,072

$1,072

$1,072

Pep Band Coordinator

$1,782

$1,782

$1,782

Science Fair Coordinator

$1,782

$1,782

$1,782

Science Team Advisor

$1,069

$1,069

$1,069

Sound Off Advisor

$1,425

$1,425

$1,425

Student Government Advisor

$2,420

$2,420

$2,420

Technical Director Theatre/AV

$2,206

$2,206

$2,206

Theatre Workshop Assistant

$ 702

$ 702

$ 702

Yearbook Advisor

$2,517

$2,517

$2,517

Yearbook Account Advisor

$1,901

$1,901

$1,901

Class Advisors

 

 

 

Freshman

$1,926

$1,926

$1,926

Sophomore

$1,926

$1,926

$1,926

Junior

$2,888

$2,888

$2,888

Junior Assistant

$ 646

$ 646

$ 646

Senior

$2,888

$2,888

$2,888

Senior Assistant

$ 646

$ 646

$ 646

Musical Director

$2,466

$2,466

$2,466

Art Director

$ 891

$ 891

$ 891

Dance Director

$ 891

$ 891

$ 891

Drama Coach

$1,072

$1,072

$1,072

Music Director

$1,072

$1,072

$1,072

Orchestral Conductor

$1,340

$1,340

$1,340

Producer

$1,340

$1,340

$1,340

Technical Director

$1,069

$1,069

$1,069

Vocal Director

$ 891

$ 891

$ 891

MIDDLE SCHOOL

 

 

 

Chorale Director

$3,152

$3,152

$3,152

College Bowl Advisor

$1,147

$1,147

$1,147

Eighth Grade Advisor

$1,132

$1,132

$1,132

Interest Club Advisors (Up to 4 Clubs per Yr.)

$ 857

$ 857

$ 857

Jazz Band Director

$3,152

$3,152

$3,152

Math Team Advisor

$1,544

$1,544.

$1,544

Morning News Advisor

$1,146

$1,146

$1,146.

Student Mentor Advisor (2)

$1,482

$1,482

$1,482

School Newsletter Advisor

$1,306

$1,306

$1,306.

Student Council Advisor

$1,945

$1,945

$1,945.

Talent Show Coordinator

$ 804

$ 804

$ 804.

Technical Director – Theatre/AV

$2,206

$2,206

$2,206.

Yearbook Advisor

$1,244

$1,244

$1,244.

Musical

 

 

 

Director

$2,466

$2,466

$2,466

Art Director

$ 891

$ 891

$ 891

Dance Director

$ 891

$ 891

$ 891

Drama Coach

$1,072

$1,072

$1,072

Producer

$1,340

$1,340

$1,340

Technical Director

$1,069

$1,069

$1,069

ELEMENTARY

 

 

 

3 Musical Advisors (Interdisciplinary Specialist)

$1,607

$1,607

$1,607

Chorus Director (7:30-8:15 a.m.)

$3,152

$3,152

$3,152

Grade 5 Band

$3,152

$3,152

$3,152 (same as MS)

The above rates are based upon the current job description and scope of duties. If this is changed, the salary will be subject to renegotiations between the Committee and the Association.

All other non-athletic extra-curricular activities are unpaid but this shall not prevent payment in given cases.

Appendix E

Salary Schedule for Athletic Activities

3. FY12, FY13, FY14

 

Years of

Experience

 

 

0

1

2

3

Cat. I - Football

 

 

 

 

Head

$6,328

$7,255

$,8,320

$8,611

Assistant

$3,531

$4,045

$4,638

$4,801

Cat. II - Basketball & Wrestling

 

 

 

 

Head

$4,189

$4,795

$5,490

$5,682

Assistant

$2,723

$3,116

$3,569

$3,692

Cat. IIA - Track

 

 

 

 

Head (Coordinator)

$5,388

$6,175

$7,077

$7,324

Assistant

$2,723

$3,116

$3,569

$3,692

Cat. III - Baseball, Cross Country, Field

 

 

 

 

Hockey, Ice Hockey, Softball, Soccer,

 

 

 

 

Lacrosse, Volleyball, Cheerleading, Golf,

 

 

 

 

Swimming, Gymnastics, Indoor Track,

 

 

 

 

Tennis

 

 

 

 

Head

$3,901

$4,464

$5,110

$5,289

Assistant

$2,535

$2,900

$3,320

$3,436

Appendix F Middle School Intramurals

 

FY12

FY13

FY14

Supervisory

 

 

 

Interest Based Team (Up to 3 per year)

$ 735.

$ 735.

$ 735.

Intramural Team

$1,156.

$1,156.

$1,156.

Bowling, Golf, Tennis

 

 

 

Street Hockey, Volleyball

 

 

 

Wrestling

 

 

 

Inter-Scholastic Team

$1,576.

$1,576..

$1,576.

Cross Country, Field Hockey

 

 

 

Ice Hockey, Softball, Track

 

 

 

Intramural Director

$5,253.

$5,253.

$5,253.

APPENDIX G

HOW IT WORKS:

Your Health Reimbursement Account

Your Harvard Pilgrim Health Reimbursement Account (HRA) is funded by your employer to help pay out-of-pocket costs related to your coverage.

If your HRA vendor reimburses you directly:

Here's how it works:

  1. Your doctor sends you for an X-ray (subject to deductible).
  2. The provider submits a claim to Harvard Pilgrim for the X-ray.
  3. Harvard Pilgrim will send you an Activity Summary or explanation of benefits (EOB)' and send the claim informa­tion to your HRA vendor.
  4. Your HRA vendor reimburses you for the X-ray from your HRA funds2.
  5. Your provider sends you a bill for your X-ray.
  6. Pay the provider's bill with your reimburse­ment from the HRA vendor.

Questions?

Remember: HRA-reimbursed expenses cannot be reimbursed by any other program, such as a flexible spending account (FSA). For information about your coverage, contact your employer or Harvard Pilgrim.

 'Save EQBs to compare with bills you receive from providers.    ' Up to the balance available in your HRA.

Harvard Pilgrim

HealthCare

This information refers to plans offered by Harvard Pilgrim Health Care and its affiliates. Harvard Pilgrim Health Care of New England and HPHC insurance Company

Appendix H

“Study Committee”

A study committee consisting of administrators and bargaining unit members will study and make schedule recommendations regarding cost effective options for delivering the curriculum. The committee will make recommendations on or before February 1, 2012. Any changes would be subject to bargaining.

This Memorandum of Agreement is subject to ratification by the Union membership and the School Committee

alexa McCloughan                                                                Vincent Bucci

Alexa McCloughan, Chairperson                                       Vincent Bucci, President

Hamilton-Wenham Regional School                                  Hamilton-Wenham Regional

District Committee                                                             Education Association

Official Signatures on File in Superintendent’s Office