Assabet Valley RVTSD

Show detailed information about district and contract

DistrictAssabet Valley RVTSD
Shared Contract District
Org Code8010000
Type of DistrictVoc-Tech/Agricultural
Union AffiliationAFT
Most Recent DocumentContract
Expiring Year2018
Expired StatusCurrent
Superintendency Union
Regional HS Members
Vocational HS Members
CountyMiddlesex
ESE RegionCentral
Urban
Kind of Communityvocational regionals
Number of Schools1
Enrollment1079
Percent Low Income Students22
Grade Start9
Grade End12
download pdf version of this document view accessible version of this document Assabet Valley Regional

 

AGREEMENT BETWEEN THE SCHOOL DISTRICT

and

ASSABET VALLEY FEDERATION OF TEACHERS

UNIT A

FY 2016 - FY2018


 

AGREEMENT

Between the

ASSABET VALLEY REGIONAL VOCATIONAL SCHOOL DISTRICT

and the

ASSABET VALLEY FEDERATION OF TEACHERS, LOCAL #3199 AMERICAN FEDERATION OF TEACHERS, AFL-CIO

UNIT A

This Agreement is made by and between the Assabet Valley Regional Vocational District School Committee and the Assabet Valley Federation of Teachers.

 

 

 

____________________        ____________________________________________

            Date                            Lynn G. Ryan, Chairman

                                                Assabet Valley Regional Vocational District School Committee

 

 

 

____________________        ____________________________________________

            Date                            David Stockbridge, President

                                                Assabet Valley Federation of Teachers, Local #3199


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PREAMBLE

The parties recognize that the quality of instruction at the Assabet Valley Regional Vocational School is the foundation upon which the success of the students, continued support of the community, and the reputation of the staff is based.

 


Table of Contents

 

ARTICLE I, FEDERATION RECOGNITION...................................................................... 1

 

A. Federation Recognition....................................................................................... 1

B. Jurisdiction.................................................................................................................. 1

C. Definitions..................................................................................................................... 1

 

ARTICLE II, FAIR PRACTICES........................................................................................... 5

ARTICLE III, RIGHTS AND OBLIGATIONS OF THE EMPLOYER............................... 5

ARTICLE IV, COMPENSATION.......................................................................................... 6

 

A. Basic Salary Schedule.......................................................................................... 6

B. Extracurricular Activity.................................................................................. 6

C. Method and Time of Salary Payment............................................................ 6

D. Anniversary Dates.................................................................................................. 7

E. Mileage Allowance................................................................................................. 7

F. Hourly Rate of Pay................................................................................................... 8

G. Itemized Payroll Deductions............................................................................ 8

H. Placement On The Salary Schedule.............................................................. 8

I. Sick Leave Buy-Back............................................................................................... 10

J. Tuition Reimbursement......................................................................................... 11

K. Longevity.................................................................................................................... 11

L. Post Graduate Stipend.......................................................................................... 11

 

ARTICLE V, FRINGE BENEFITS....................................................................................... 12

 

A. Health Insurance................................................................................................... 12

B. Life Insurance........................................................................................................... 12

C. Pension........................................................................................................................... 13

D. Tax-Deferred Accounts Under IRS Code Section 403(b)..................... 13

E. Worker's Compensation....................................................................................... 13

F. Part-Time Teachers.................................................................................................. 13

G. Long-Term Disability Insurance................................................................... 13

H. Flexible Spending Accounts............................................................................ 14

I. Insurance Advisory Committee....................................................................... 14

 

ARTICLE VI, WORKING CONDITIONS.......................................................................... 15

 

A. Teaching Load - Teaching Programs........................................................... 15

B. Duty Free Lunch....................................................................................................... 17

C. Marks.............................................................................................................................. 17

D. School Facilities..................................................................................................... 18

E. School Supplies......................................................................................................... 18

F. Evaluation.................................................................................................................. 18

G. Teacher Files............................................................................................................. 19

H. Training Teachers.................................................................................................. 19

 

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I. Length of School Day and Year..................................................................... 19

J. Teacher Meetings..................................................................................................... 20

K. Assistance In Assault Cases............................................................................. 21

L. Termination and Recall..................................................................................... 21

M. Damage or Loss of Property............................................................................ 22

N. Seniority...................................................................................................................... 22

O. Uniform Allowance.............................................................................................. 23

P. Off-Campus Duties.................................................................................................... 23

Q. Transporting Students........................................................................................ 23

R. Notices and Announcements........................................................................... 23

S. Extracurricular Activity................................................................................ 24

T. Exchange Teachers................................................................................................ 24

 

ARTICLE VII, LEAVE POLICIES...................................................................................... 25

 

A. Sick Leave.................................................................................................................... 25

B. Funeral Leave........................................................................................................... 27

C. Personal Leave......................................................................................................... 28

D. Sabbatical Leave.................................................................................................... 28

E. Educational Leave................................................................................................. 29

F. Military Leave.......................................................................................................... 30

G. Reserve Duty.............................................................................................................. 30

H. Federation Leave.................................................................................................... 30

I. Maternity Leave....................................................................................................... 31

J. Child-Rearing Leave of Absence..................................................................... 31

K. Other Leaves.............................................................................................................. 32

L. Unpaid Leave.............................................................................................................. 32

M. Part-Time Teachers................................................................................................ 32

N. Jury Duty Leave....................................................................................................... 33

O. Family Medical Leave Act................................................................................. 33

 

ARTICLE VIII, TRANSFERS, VACANCIES/PROMOTIONS......................................... 34

 

A. Transfer....................................................................................................................... 34

B. Promotions/Vacancies......................................................................................... 34

C. Other Job Openings................................................................................................. 35

 

ARTICLE IX, GRIEVANCE PROCEDURE....................................................................... 36

 

A. Definition..................................................................................................................... 36

B. Adjustment of Grievance................................................................................... 36

 

ARTICLE X, ARBITRATION.............................................................................................. 39

 

ARTICLE XI, SPECIAL SERVICES................................................................................... 40

 

A. Guidance Counselors.......................................................................................... 40

B. Learning Center - Library Media Specialist........................................... 40

C. Cares Clinician......................................................................................................... 40

 

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ARTICLE XII, ACADEMIC FREEDOM: PROFESSIONAL ACTIVITY........................ 41

 

A. Academic Freedom.................................................................................................. 41

B. In-Service Training................................................................................................ 41

 

ARTICLE XIII, FEDERATION PRIVILEGES & RESPONSIBILITIES.......................... 42

 

A. Consultation............................................................................................................. 42

B. Information................................................................................................................ 42

C. School Committee Meetings.............................................................................. 42

D. Existing Laws and Regulations Preserved............................................ 42

E. Protection of Individual and Groups Rights........................................ 42

F. Printing of Agreement......................................................................................... 42

G. Federation Activity at the School Level................................................ 43

H. Dues Check-Off.......................................................................................................... 43

I. Agency Service Fee.................................................................................................. 43

J. Resolution of Differences................................................................................. 43

 

ARTICLE XIV, HANDLING OF NEW ISSUES................................................................ 44

 

ARTICLE XV, SAVING CLAUSE...................................................................................... 44

 

ARTICLE XVI, JUST CAUSE.............................................................................................. 44

 

ARTICLE XVII, DURATION.............................................................................................. 45

 

Appendix

 

APPENDIX A: TEACHERS' SALARIES (FY 2016)................................................................. 47

APPENDIX B: TEACHERS' SALARIES (FY 2017)................................................................. 48

APPENDIX C: TEACHERS' SALARIES (FY 2018)................................................................. 49

APPENDIX D: EXTRACURRICULAR ACTIVITIES (ATHLETICS)....................................... 50

APPENDIX E: EXTRACURRICULAR ACTIVITIES (ADVISORS)......................................... 51

APPENDIX F: EXTRACURRICULAR SALARIES (TEACHERS: PER DIEM)........................ 52

APPENDIX G: LEAD TEACHERS, COORDINATORS AND INTRAMURAL SALARY SCHEDULES......... 53

APPENDIX H: OTHER STIPEND POSITIONS........................................................................ 53

APPENDIX I: WORKING BEYOND THE NORMAL SCHOOL YEAR................................... 53

APPENDIX J: PROCEDURAL GUIDELINE............................................................................ 54

APPENDIX K: FY16 HEALTH INSURANCE BENEFIT SCHEDULE..................................... 55

APPENDIX L: EVALUATION TOOL...................................................................................... 58

APPENDIX M: COMPILATION OF CONTRACT DEADLINES.............................................. 59

SIDE LETTER AGREEMENT.................................................................................................. 60

 

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article i, FEDERATION RECOGNITION

A.        Federation recognition

The Assabet Valley Regional Vocational District School Committee recognizes the Assabet Valley Federation of Teachers, Local 3199, American Federation Teachers, AFL-CIO, as the exclusive bargaining representative for all professional employees in the classifications of Teachers, Lead Teachers, Guidance Counselors, Nurses, Library/Media Specialist and Coordinators, but excluding the LPN Coordinator, Special Education Coordinator, and Educational Technology Specialist.

B.        Jurisdiction

The Jurisdiction of the Federation shall include those persons now or hereafter who perform the duties or functions of the categories of employees in the bargaining unit.

C.        Definitions

○          The term "Committee" as used in this Agreement means the Assabet Valley Regional Vocational District School Committee.

○          The term "Superintendent-Director" as used in this Agreement means the Superintendent-Director or his/her designee.

○          The term "Parties" as used in this Agreement refers to the Committee and the Federation as participants in this Agreement.

○          The term "School" as used in this Agreement means any work location or functional division maintained by the School Committee.

○          The terms "Professional", "Teacher", and "Person" as used in the Agreement refer to a person employed by the Committee in the bargaining unit as described in 0A.

○          The term "Federation Representative" as used in this Agreement means any duly authorized designee of the Federation.

○          "Teaching Periods" are those periods in which the teacher is actively involved with the pupil in the act of teaching, and has participated in the planning of the instruction to be conducted.

○          "Homeroom Classes" are those in which students assemble in the morning and other times during the day for administrative purposes.

○          "Administrative Periods" are those periods, equal in length to a teaching period, during which the teacher is programmed for a regular activity other than teaching.

○          "Preparation Periods" are those periods, equal in length to a single teaching period, during which the teacher is not assigned to a regular programmed responsibility but is engaged in work relating to his/her teaching assignment. Each teacher shall be guaranteed one (1) preparation period per full school day.

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○          "Preparation" shall be defined as a different subject or a significant difference in ability classification within the same subject.

○          The term "transfer" is defined as a change from one (1) subject area to another, e.g. from Mathematics to Social Studies.

○          "Seniority" shall be defined as length of service. It shall be determined from the time when a member of the bargaining unit began contractual service with the Assabet Valley Regional Vocational School District.

○          The term "Department" as used in this Agreement means a specific shop or academic area. Examples of Departments: Auto Collision Technology, Automotive Technology, English, Special Needs, Guidance, Library, Maintenance Mechanic, Culinary Arts.

○          Where the word "Tenure" is used in this Agreement it shall mean "professional teacher status" as per MGL Chapter 71, Acts 1993.

○          The term "Least Senior" as used in this Agreement means the fewest years of credited service to the school as a member of Unit A.

Example:         Reduction in English Department

 

Teacher A        Eight (8) years, appointed September 1991 - tenured

 

Teacher B        Five (5) years, appointed September 1994 - tenured

 

Reduction:      English teacher B would be reduced before Teacher A because of being                 "Least Senior".           

○          The term "Member of a Designated Department" as used in this Agreement means:

            A member of Unit A who is certified/approved and appointed a teacher by the School Committee to the Department and who currently serves in the Department or

            A member of Unit A who had previously served in the Department as a certified/approved teacher appointed by the School Committee to that Department, and who voluntarily or involuntarily transferred to another Department.

            A member of Unit A who has not served as an appointed teacher to a Department maintains no right to a position in that Department if that teaching position is filled by a tenured teacher.

 

 

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Example 1:

 

Teacher A        Appointed September 1990 to English Department and has served continuously for nine (9) years - tenured.

 

Teacher B        Appointed to Mathematics Department September 1990 and transferred to English Department on September 1993 and has served continuously for nine (9) years [three (3) in Math and six (6) in English - tenured].

 

Teacher C        Appointed to English Department in September 1992 and has served continuously for seven (7) years - tenured.

 

Reduction:       Teacher C has the least senior ranking and would be terminated before Teacher A and B.

 

Example 2:      Reduction in English Department

 

Teacher A        Appointed September 1991 to English Department and transferred to Mathematics Department in September 1992 [one (1) year English; seven (7) years Math] - tenured.

 

Teacher B        Appointed September 1992 to English Department [seven (7) years English] - tenured.

 

Reduction:       Teacher B would be terminated from the English Department before Teacher A. Teacher A has more seniority; and, may "bump" Teacher B, a less senior English Department teacher, if there is no position for Teacher A in the Mathematics Department because Teacher A maintains membership in departments he/she has served as an appointed teacher.

 

Example 3:      Reduction in Mathematics Department

 

Teacher A        Appointed September 1995 to Mathematics Department - tenured. Also certified in English, but never appointed to English Department.

 

Teacher B        Appointed September 1997 to English Department - NOT tenured.

 

Reduction:       Teacher A may displace Teacher B under provisions of Chapter 71, Section 42.           

 

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○          "Part-Time Teachers" are those members of the bargaining unit who are employed less than a full workday or year, and who as a consequence carry less than a full workload.

○          Whenever a singular is used in this Agreement, it is to include the plural.

○          Whenever in this Agreement a personal pronoun is used, such pronoun shall be understood to apply to both male and female members of the bargaining unit.

○          "Floating Technical Teachers" report to the Vocational/Technical Director. The term "Floating Technical Teacher" is a certified teacher who performs teaching assignments in more than one (1) department. A Floating Technical Teacher:

1.         Accrues seniority as defined in the agreement.

2.         Can only accrue seniority in the department in which he/she is certified and teaching in. Will teach the required number of periods per day according to the contract.

3.         Will be expected to follow the teachers' handbook.

4.         Will be placed no lower than Step 6 of the Unit A contract with the level to be determined by degree.

5.         Teaching schedule assignments will be 60% within the cluster as defined by the District.

6.         In extenuating/emergency circumstances, the District/Technical Director can assign the teacher outside the cluster for a period not to exceed 50 school days. Notification will be provided to the Federation.

 

 

 

 

 

 

 

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ARTICLE II, FAIR PRACTICES

The sole collective bargaining agent, the Federation, will accept into voluntary membership all professionals covered by this Agreement without regard to race, creed, color, religion, national origin, political activities, sex, marital status, or affiliation with other organizations.

The Committee and the Federation agree that there will be no discrimination in the hiring of employees or in their training, assignment, promotion, transfer, or discipline because of race, creed, color, religion, national origin, political activities, sex, domicile, marital status, or participation in any organizational activities.

ARTICLE III, RIGHTS AND OBLIGATIONS OF THE EMPLOYER

A.        The Committee, on its own behalf and on the behalf of the electors of the District, the Superintendent-Director and the Principal, hereby retain and reserve unto themselves, without limitation, all powers, right, authority, duties, and constitution of the Commonwealth of Massachusetts, and of the United States, including, but without limiting the generality of the foregoing right.

1.         To the executive management and administrative control of the school system and its properties and facilities of its employees.

2.         To hire all employees and, subject to the provisions of law, to determine their qualifications and the conditions of their continued employment, or their dismissal or demotion; and, to promote and transfer all such employees.

3.         To establish classes and courses of instruction, including special programs, and to provide for athletic, recreational and social events for students, all as deemed necessary or advisable by the employer.

4.         To decide upon the means and method of instruction, and the duties, responsibilities, and assignments of teachers and other employees with respect thereto, and with respect to administrative and non-teaching duties associated with normal operation of school, and the terms and conditions of employment.

B.        The exercise of the foregoing powers, rights, authority, duties and responsibilities by the employer, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only to the specific and expressed terms of this Agreement and then only to the extent such specific and expressed terms thereof are in conformance with the constitution and laws of the United States of America.

 

 

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ARTICLE IV, COMPENSATION

A.        Basic Salary Schedule

The salaries and differentials of employees bargaining unit members are set forth in the salary schedules attached as Appendices A, B, and C. Step 12 is available only to employees who have completed 15 years continuous service in Unit A in the Assabet Valley Regional Vocational School District.

The salary increases for the FY2016 to FY2018 Agreement are as follows: 2015-16, 3%; 2016-17, 2.75%; 2017-18, 2.75%.

B.        Extracurricular Activity

A schedule for payment of extracurricular duties is set forth in Appendixes D, E, F, G and H which are attached to and made a part of this Agreement. The School Committee retains sole authority to establish or terminate extracurricular positions. Nothing in these appendixes shall be construed to mean that the positions listed will necessarily be established.

A minimum of one-hundred (100) days prior to the annual starting date for a sport or activity, the appointed advisor or coach, most recently serving in such a position, must indicate to the Superintendent-Director written intent should the person desire to serve in that position again for the immediate next year or season.

A minimum of sixty (60) days prior to the annual starting date for a sport or activity, the Committee shall inform any advisor or coach, who has filed written intent to serve, the action taken by the Committee on that position.

The District will provide staff access to an annual schedule of expected payment dates for extracurricular stipends to allow staff to change their W-4 form withholding for that pay period.

C.        Method and Time of Salary Payment

1.         Salaries of members of the bargaining unit shall be paid in twenty-six (26) equal installments starting with the second Thursday of the school year. A teacher may, upon written notification to the Superintendent-Director before August 1 of the payment year, elect to receive all remaining installments owed him in one (1) sum upon the completion of his contract. The payment election will remain in force until or unless the teacher provides written notice of revocation by December 31 of the year prior to the school year to which the change would apply.

2.         If a member of the bargaining unit leaves or dies during the school year, he or his estate shall be entitled to a prorated share of his salary based on his period of service in relation to the number of days as stated in the member's contract, minus the compensation already paid.

 

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3.         A teacher who is requested to work a greater number of days than mandated by the Agreement (or by his contract) will be compensated at the per diem rate.

4.         Curriculum Development Project: Position(s) will be posted and filled in accordance with the provisions of ARTICLE VIII, B.

5.         Part-time Teacher: A teacher who is appointed to less than a full-time position shall be compensated at a prorated share of the salary of a full-time teacher. The proration shall be determined as follows:

No. Periods Worked

Maximum Periods in Full-Time Teaching Load            X             Proper Step on Salary Schedule       

D.        Anniversary Dates

1.         For purposes of salary payment, full-time teachers serving more than one-half (1/2) of a school year will advance a step on the salary schedule the following September.

2.         A teacher may satisfy the requirement for changing salary level as follows:

            Placement on the new salary schedule shall take place in September subject to the following:

a.         Notification in writing to the Superintendent-Director of intent to advance prior to April 1.

b.         Submittal to the Superintendent-Director of file of an official institutional verification of record indicating successful completion and satisfaction of all of the requirements prior to August 20.

E.        Mileage Allowance

1.         Traveling teachers who are authorized by the Superintendent-Director to use private automobiles for school business shall be reimbursed at the Internal Revenue Services (IRS) approved rate per mile. The Assabet Valley Regional Vocational School building will be the point from which such travel mileage is computed.

2.         When teaching at clinical or other external locations other than the Assabet Valley Regional Vocational School building on Fitchburg Street, Marlborough or annex buildings at other locations to be established, Federation members will be compensated at the IRS-approved rate per mile for all daily mileage which exceeds two (2) times the distance from their legal place of residence to the Assabet Valley Regional Vocational School building. Teachers who report directly to annex buildings or other locations shall be compensated at the above rate, except when they are required to report for any purpose to another location.

3.         The Superintendent-Director may adjust all mileage claims to reflect the most direct highway routing.

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F.         Hourly Rate of Pay

1.         The hourly rate of pay for teachers performing extra duty stipend functions, such as summer school, tutoring, etc. shall be: $35.05 in FY2016 - FY2018.

2.         The rate of pay for Hall Monitors and Saturday School will be $25.00 per hour.

3.         Teachers will receive compensation at the hourly rate to cover classes of a teacher for whom a substitute is not available. The term to cover shall be defined as instruction of the class to the extent of his abilities in the discipline as directed and outlined by existing lesson plans. To cover shall include the performance of the routine administrative duties normally performed by the teacher being replaced. This compensation is to be paid only when a teacher is required to cover classes during preparation periods.

4.         In the event that an emergency occurs during the school day necessitating the absence of a teacher, the Federation agrees that teachers shall cover such classes on an equitable basis and without extra compensation.

5.         In the event that a teacher is absent for any other reason the teacher covering his class shall be reimbursed at the hourly rate.

G.        Itemized Payroll Deductions

A statement of payroll deductions shall be provided with each salary payment.

The Committee agrees to electronic payroll deductions for credit union or banking institution of employees' choice.

All payroll deductions will be made equally in each paycheck, subject to the second sentence of ARTICLE IV, C.1.

H.        Placement On the Salary Schedule

1.         Newly employed personnel shall be placed on the appropriate step of the salary schedule.

●          Teachers appointed as Academic teachers (certified by the Department of Elementary and Secondary Education) shall be placed on the salary schedule as it applies to Academic teachers.

●          Teachers appointed as Vocational teachers (approved provisionally or fully by the Department of Elementary and Secondary Education, Division of Career and Technical Education) shall be placed on the salary schedule as it applies to Vocational teachers.

 

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2.         STEP INCREMENT: Initial placement shall be based upon years of experience as follows:

●          Teachers of Academic Subjects: Teaching experience

●          Teachers of Vocational Subjects: Beginning Vocational teachers, without previous teaching experience, will be appointed no higher than the eighth step of the salary schedule, subject to the provisions of the salary schedule (Appendixes A, B, and C).

●          All teachers with previous teaching experience will be placed no lower than the next salary step based on their previous salary schedule.

3.         LEVEL INCREMENTS: Level increments shall be based upon certification, semester hours of credit, and advanced degrees.

●          LEVEL I is the primary salary level for all appointed teachers.

○    Academic (including Special Needs, Guidance, and School Nurse): Bachelor's Degree and certification in the area to be employed.

○    Vocational: Credentials used for approval (shop certification) as outlined in Chapter 74 (effective September 1, 1977).

●          LEVEL II

○    Academic: Master's Degree

○    Vocational: sixty (60) semester credit hours or Associate's Degree.

●          LEVEL III

○    Academic: Master's Degree plus thirty (30) semester credit hours or a

second Master's Degree.

○    Work for all salary credit beyond the Master's degree shall be taken after the Master's Degree is obtained; and be directed toward the fulfillment of an advanced degree standing in the candidate's major field, or in cognate studies designated to increase his/her effectiveness in present or subsequent assignments.

○    All degree or credit-hour requirements must be awarded by an accredited college or university (NEASC). Performance grades of "B" or better must be achieved with the exception that one (1) "C" shall be allowed.

○    Vocational: Bachelor's Degree

●          LEVEL IV

○    Academic - Master's degree plus forty-five (45) semester credit hours.

○    Work for all salary credit beyond the Master's degree shall be taken after the Master's Degree is obtained; and be directed toward the fulfillment of an advanced degree standing in the candidate's major field, or in cognate

 

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      studies designated to increase his/her effectiveness in present or subsequent assignments.

○    All degree or credit-hour requirements must be awarded by an accredited college or university (NEASC). Performance grades of "B" or better must be achieved with the exception that one (1) "C" shall be allowed.

○    Vocational - Bachelor's degree plus fifteen (15) semester credit hours.

4.         FILING APPLICATIONS FOR A HIGHER SALARY LEVEL:

Teachers may apply for the next level of the salary schedule by accomplishing the following:

a.          Make a plan for the courses intended to be taken. Prior approval of courses by the Superintendent-Director is required, if the teacher is not in a formal degree program.

b.         Additional salary level application form. Notify the Superintendent-Director prior to April 1 if the teacher plans to advance the following September. Notification must be in writing, using the form available in the Superintendent's Office.

It is the teacher's responsibility to have all official transcripts in support of the application on file with the Superintendent-Director prior to August 20 prior to September advancement.

5.         The District agrees to provide to the Federation a listing of new hires and their salary placement by October 1st each year.

I.          Sick Leave Buy-Back

1.         A teacher terminated from his/her position under provisions of Article VI, paragraph L, as a result of a drop in enrollment or financial emergencies or upon his/her retirement, or upon death while employed (in which event payment will be made to the teacher's estate) shall be entitled to a sick leave buy-back at 25% of the rate (per diem) in effect at the time of termination for all days in excess of one-hundred (100). Eligibility for sick leave buy-back for employees retiring under MGL, Chapter 32 shall be subject to the proviso that:

a.          Written notice of such retirement is given to the School Committee on or before March 15 of the teacher's last school year;

b.         The teacher retires at the end of said school year.

c.          A teacher may request an alternate date with the Superintendent-Director. If the Superintendent-Director deems the teacher has a pattern of sick leave abuse (ARTICLE VII, A.3. a., b., c.) the request will be denied.

            The above proviso shall not apply where the retirement is occasioned by the fact that the teacher has received a notice of possible layoff.

 

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J.         Tuition Reimbursement

All courses for which teachers plan to seek reimbursement must have the approval of the Superintendent or his/her designee.

Over the length of this three year contract a teacher may receive up to $3,400 reimbursement for undergraduate or graduate level courses at an accredited college or university.

Proof of payment must be submitted along with a grade report.

K.        Longevity

Teachers shall receive additional compensation based upon years of current, continuous service at Assabet, as of September 15, such payments to be made in the month of December following the September cutoff date, in the amounts indicated below:

 

Years

Amount

11-14

$700

15-19

$1435

20-24

$2310

25+

$2800

 

For example: In order to receive longevity compensation, you must have completed your tenth year of continuous service by September 15 of your eleventh year. Your longevity compensation will be paid the following December. In order to advance a step, you must have completed your fourteenth, nineteenth or twenty-fourth year of service.

L.        Post Graduate Stipend

Secondary Vocational Programs with Post Graduate students assigned by the District to the program will receive a stipend of $500 per post graduate student, such stipends to be split evenly among the teachers in the program. This stipend does not apply to dedicated high school graduate programs, such as the LPN Program.

 

 

 

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ARTICLE V, FRINGE BENEFITS

A.        Health Insurance

1.         Health insurance shall be provided in accordance with a side letter agreement dated May 18, 2012. Any changes in health insurance carrier shall be announced to employees no later than May 1 for a July 1 start date.

2.         Effective June 30, 2015, the District will pay 77% of the premium of HMO plan, and the employee will pay the balance. Effective July 1, 2016 the District will pay 76% of the premium of HMO plan, and the employee will pay the balance. Effective July 1, 2017 the District will pay 75% of the premium of HMO plan, and the employee will pay the balance. For employees who select the PPO plan, the District will pay the then-current dollar equivalent of the HMO contribution towards the PPO premium, and the employee will pay the balance.

3.         The District agrees to maintain an IRS Section 125 Plan under which health insurance premium for active employees shall be paid from pre-tax dollars.

4.         A benefit schedule will be provided annually. The parties agree that non-material changes to the benefit schedule resulting from state regulation or plan revision by the insurer shall not result in a bargaining obligation or breach of this agreement. The most current HMO/PPO benefit schedule will be included in the contract as Appendix K.

5.         The School District shall pay one-half (1/2) the premium costs payable by retirees for the above-listed HMOs and PPO (individual and family plan) for teachers who elect such coverage upon retirement from Assabet Valley. The School Committee's vote to ratify this agreement shall be deemed to constitute a vote to accept Section 9A of MGL, Chapter 32B for teachers who make such election upon their retirement.

6.         Surviving Spouse: The School District shall contribute one-half (1/2) of the premium or cost of surviving spouse coverage for teachers who are eligible under the terms and limitations of paragraph 5 above, and who, in fact, elect to continue health insurance coverage upon their retirement. To this limited extent, the School Committee's ratification of this Agreement shall constitute a vote to accept Section 9B of MGL, Chapter 32B for the teachers covered under paragraph 1 above. Such spouses shall also be subject to the same requirements as teachers, in accordance with existing practice, concerning enrollment in a Medicare health benefits plan.

B.        Life Insurance

The Committee shall provide 100 percent of the cost of a $20,000.00 life insurance policy for each member of the bargaining unit who requests coverage in accordance with Chapter 32B of the Massachusetts General Laws.

 

 

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The Committee and the Federation will investigate the possibility of:

1.         Making available additional life insurance coverage at the expense of the employee in the amounts permitted under MGL, Chapter 32B, Section 11A, and

2.         Purchasing additional life insurance coverage at no additional cost to the School Committee.

C.        Pension

The parties agree that all provisions of the Massachusetts Teachers' Retirement System shall be made a part of this Agreement.

D.        Tax-Deferred Accounts Under IRS Code Section 403(b)

1.         The Committee encourages all employees of the school district to conduct financial planning for their retirement years. All eligible employees may also make elective contributions, through payroll deduction, to a 403(b) tax-deferred account.

2.         Employees may start, stop, or adjust their contributions to their account according to rules of the plan by submitting a Salary Reduction Agreement provided by the vendor or agent.

3.         In accordance with IRS regulations, the Committee reserves the right to limit and select the vendors with whom the District will establish a contractual agreement for services.

E.        Worker's Compensation

Teachers shall be included under the provisions of the Massachusetts Workmen's Compensation Act.

F.         Part-Time Teachers

The fringe benefits as stated in this Article shall be available in full to part-time teachers.

Consistent with the intent of MGL, Chapter 32B, health insurance benefits shall be made available to part-time teachers hired for positions requiring half-time or more of the full-time teaching load.

G.        Long-Term Disability Insurance

The Assabet Valley Regional Vocational School District (the "District") and the Assabet Valley Federation of Teachers (the "Federation") hereby agree that the District will make available to employees covered by the Collective Bargaining agreements between the

 

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District and the Federation a policy or policies of group long-term disability insurance (the "insurance") under the following conditions:

1.         The District will make no contribution towards the premium payments or other costs of the insurance. The District's willingness to enter into this Agreement is predicated on there being no cost to the District, and the insurance shall only be offered as long as the District is not going to incur any cost.

2.         This Agreement does not constitute a reopening of the existing collective bargaining agreement in any manner.

3.         This Agreement will be in effect through August 14, 2015 provided the District does not incur any cost for the insurance. In the event that the District does or is going to incur costs, the District may terminate the Agreement without any obligations pursuant to MGL, Chapter 150E.

4.         A policy or policies to be offered will be determined by the District School Committee in conjunction with the Insurance Advisory Committee and the Federation.

H.        Flexible Spending Accounts

            The District will implement Flexible Spending Accounts for all interested employees. The accounts will be funded by employee contributions in accordance with the terms of the plan and applicable law. The plan will be administered using an administrator of the District's choosing.

I.          Insurance Advisory Committee

            The District agrees to implement an Insurance Advisory Committee as prescribed by M.G.L. Chapter 32B, Section 3.

 

 

 

 

 

 

 

 

 

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ARTICLE VI, WORKING CONDITIONS

A.        Teaching Load - Teaching Programs

1.         Teachers will not be required to teach in more than two (2) department areas nor more than a total of three (3) preparations per day.

2.         Teachers shall not be required to teach outside their area of certification. A teacher may, by mutual agreement, teach outside his area of certification.

3.         Prior to the close of school, teachers shall be notified of the contemplated subjects to be taught in the following school year. As circumstances warrant, the teacher shall be informed in writing of changes in subjects to be taught.

4.         Basic Teaching Load:

 

a.         Academic Teachers: A basic maximum of twenty (20) teaching periods; a minimum of seven (7) preparation periods are assigned each week. The remaining three periods per week may be assigned for additional duties including, but not limited to, lunch duty, class coverage or IEP meetings. Conflicts in scheduling should be addressed to the assigning administrator for reassignment. Unresolved scheduling conflicts resulting in missed preparation periods will be compensated at the hourly rate

b.         Special Needs Teachers and Special Education Consultant: A basic maximum of thirty-five (35) combined teaching/administrative periods; a minimum of ten (10) preparation periods, thirteen (13) liaison periods and up to two (2) periods for additional duties may be assigned over a two (2) week period of time.

            Special Education Consultant Role: Key concepts in the implementation of the consultant model:

●    The consultant is thoroughly familiar with special education law and regulations as well as the provisions of the lEPs for students in the classes for which s/he consults.

●    The consultant is versed in instructional and assessment practices that enable students with learning disabilities to succeed in the least restrictive environment.

●    The consultant gathers, interprets and uses data to inform consultant services and to promote student progress.

●    The consultant and regular education teacher work in concert to implement accommodations and meet student needs through differentiation and best teaching practices in inclusion classes.

            The consultant role includes the following:

Planning         Meet with collaborating teachers weekly to:

~    Discuss and clarify IEP accommodations

~    Review lesson plans in advance of the following week

~    Develop/select engaging activities and provide organizers and outlines to facilitate lesson delivery for maximum assimilation

 

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~    Review assessments to develop needed modifications

~    Determine/schedule any classroom role/presentation by the consultant

Teaching        ~    Provide individual or small group instruction as needed

~    Re-teach concepts/skills for review or as dictated by assessment results

~    Assist students after school in extra help sessions

~    Facilitate department utilization of instructional aide services

Reporting

~    Provide a statement of the consultation services in the course/subject for IEP meetings

~    Collect student assessment data and grades in consultation courses

The special education consultant will have liaison responsibilities for a designated number of special needs students, with first consideration being students who are monitored-only, rather than receiving co-teaching services.

c.          Vocational Teachers: A basic maximum of twenty-five (25) teaching periods; a minimum of five (5) preparation periods. A vocational lead teacher will have a basic maximum of twenty-two (22) teaching; a minimum of five (5) preparation periods of fifty-eight (58) minutes and five (5) lead teacher periods of thirty-five minutes. Vocational teachers that are out on work sites will have the first or last period off for preparation time.

d.         Academic Lead Teachers will not be assigned cafeteria, homeroom, or 7:45 a.m. duties.

5.         Preparation Periods are those periods, equal in length to a single teaching period, during which the teacher is not assigned to a regular programmed responsibility but is engaged in work relating to his/her teaching assignment. Each Academic Teacher will be guaranteed seven (7) preparation periods per teaching week with a minimum of one (1) preparation period per day. SPED Teachers will be guaranteed five (5) preparation periods per week with a minimum of one (1) preparation period per day.

6.         Administrative Periods are those periods, equal in length to a teaching period, during which the teacher is programmed for a regular activity other than teaching.

7.         Terms: The terms listed below appear frequently in educational literature and publications of the Massachusetts Department of Elementary and Secondary Education. Examples include the Curriculum Frameworks, The State Plan for Professional Development and Principles of Effective Teaching, to name a few.

●          Mentor: Volunteer professional status teacher advising a teacher without professional teacher status. (This is non-evaluative in nature.)

●          Curriculum Integration (interdisciplinary) Studies: Combining two (2) subjects or content areas into a unit or project.

 

 

 

 

 

 

 

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●          Curriculum Development: The creation or review of what are expected student outcomes. This activity could involve the conversion of course outlines to student competencies and/or curriculum frameworks.

●          Tutoring: In school assisting or coaching of students in curriculum (not for credit or discipline).

8.         Innovative teacher teams or programs entered into voluntarily by staff may require modification in preparation time schedules stipulated in paragraphs 1 through 7 above. Such modifications shall not be considered prior practice until submitted to the collective bargaining process, but may be implemented on a trial basis until collective bargaining agreement is reached.

B.        Duty Free Lunch

Each professional shall be provided with at least a thirty (30) minute lunch period free of all duties. No teacher will be requested to perform more than one (1) lunch duty assignment per day.

Employees' ability to leave the workplace will be in accordance with Massachusetts laws (Labor Laws → Wage and Hour → Meal breaks). Staff will be required to notify immediate supervisor's office when leaving and returning to the building.

C.        Marks

Teachers will select and maintain (at no cost to the district or teacher) an electronic web-based gradebook that is accessible to students and parents. Grades will be updated at the discretion of the teacher not to exceed 10 school days per A/B cycle.

Grading times may vary based on assignment with long term project or major papers taking longer to complete, grade and post.

Rank books are provided for all teachers in order to keep accurate up-to-date evaluations of the work of each student. Ranks books are for the private use of each teacher and are not for pupil examination or scrutiny. These books should be in the teacher's possession or locked up at all times.

Although mark books may remain in the teacher's possession over the summer, a form indicating all term and final grades, both numerical and alphabetical, must be submitted to the Director of Pupil Personnel Services during the teacher's summer check-out appointment.

The grade entered by the teacher shall not be changed except in extraordinary circumstances, in which instance the change shall require the majority vote of a committee composed of two (2) administrative representatives and two (2) Federation representatives.

 

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A standing committee will exist consisting of two (2) Academic Teachers, two (2) Vocational Teachers, one (1) Guidance Department member, one elected union representative (Executive Board) and the Principal.

D.        School Facilities

1.         Every class shall be held in a heated, lighted, ventilated classroom-all as required by the Commonwealth of Massachusetts building codes and safety laws.

2.         Mailboxes for teachers shall be provided in the Administrative Office.

3.         A minimum of two teacher workrooms will be provided to accommodate staff working outside of the classroom. These rooms are exclusive of all other scheduled uses during normal school hours. (Exceptions as needed during construction project.)

4.         Teachers will be provided with furniture, storage space, filing cabinets and bookshelves. The Committee and the Federation recognize that the need of one (1) teacher for these items will vary from that of another. The Committee intends to furnish these items in the amount and as required.

5.         Facilities will be provided which allow staff members to report their absence, at times stipulated in the current addition of the Teachers' Handbook, by telephone. Teachers are encouraged to report their intended absences on the evening before the absence.

6.         Parking facilities shall be provided for all staff members.

E.        School Supplies

1.         Teachers will be consulted in order to determine that supplies should be ordered.

2.         A sum of money, to be determined by the Committee, will be budgeted for the purchase of periodicals.

F.         Evaluation

1.         Evaluation of teachers will be conducted personally, professionally, openly and with the full knowledge of the teacher.

2.         Teachers shall be given a copy of any evaluation report.

3.         This evaluation form will be executed at least three (3) times per year for a non-tenured teacher and at least once every two (2) years for a tenured teacher.

            A teacher's request to be evaluated more times than included in the above minimum shall be carried out by the administrators.

            Guidance personnel, after four (4) years of service with the school district will be evaluated at least once every two (2) years.

4.         Under no circumstances will any member of the bargaining unit be required to evaluate any other member of the bargaining unit.

5.         The Athletic Director will act as an evaluator of all athletic coaches.

 

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6.         Ongoing Negotiations Regarding Evaluation: The Parties agree to accept the DESE Teacher Evaluation Model for the first year as stated without change. Future modifications would be made upon mutual agreement between the Federation Local 3199 and the District subject to ratification.

G.        Teacher Files

1.         Teacher files shall be defined as those files maintained by the School Committee or the Superintendent-Director for recording the work history and evaluation of employees.

2.         No material referring to teacher's conduct, service, character or personality shall be placed in these files unless the teacher is sent a dated copy.

3.         Each teacher shall have the right to submit a written dated response to statements placed in his file within fifteen (15) days of receipt of same. This response shall also be included in the file.

4.         Any complaint by the Committee, Superintendent-Director, administrator, parent/guardian or a student, or by any person directed towards a teacher deemed serious enough to be considered for placement in the teacher's file, after it has been initially investigated, shall be called to the attention of the teacher before it is included in the file.

            The identity of the complainant shall be made known and the teacher afforded the opportunity to respond, in writing, to refute such complaint if the complaint is deemed serious enough to be actually included in the file. The teacher's response shall be attached to the complaint.

5.         The District agrees to permit employees access to and copies of their personnel records within five business days in accordance with M.G.L. c. 149, §52C.

6.         Official grievances filed by any teacher under the grievance procedure as outlined in this Agreement shall not be placed in these files, nor shall such grievance become a part of any other file or record which is utilized in the promotion process, nor shall it be used in any recommendation for job placement.

H.        Training Teachers

1.         Teachers cooperating in the preparation of student or apprentice teachers shall be known as training teachers.

2.         Acceptance of trainees shall be voluntary. Adequate advance notice of the assignment of a trainee shall be provided.

I.          Length of School Day and Year

1.         The teachers' work year shall be one-hundred, eighty-seven (187) days beginning on the Monday before Labor Day and continuing into the month of June until the school term is completed.

2.         Included in this work year shall be one (1) day before the beginning of the pupils' school year and not more than two (2) days after the close of the pupils' school year.

 

 

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3.         Scheduled days on which school is not in session due to inclement weather or other unforeseen circumstances shall not be counted as part of the one-hundred, eighty-seven (187) school days.

4.         It is understood and agreed that the determination of the school calendar is a function of the School Committee under MGL, Chapter 71, Section 37.

5.         The parties agree that the school calendar shall be made a part of this Agreement.

6.         The work day shall begin at 7:30 a.m. and end at 2:30 p.m. The school day for pupils is currently 7:43 a.m. to 2:25 p.m. Teachers are expected to be present in the building during this period.

            It is understood that all members of the bargaining unit shall supervise students in the fifteen (15) minutes prior to the start of the normal school day for pupils, such supervision to occur on a rotating schedule of one (1) week every two (2) months. The amount of time that a teacher is expected to spend in the building before and after this period will be determined by the teacher's professional obligation.

            The manner in which the teacher meets these professional obligations will be a factor in his formal evaluation.

7.         The beginning and ending times of the school day may be varied by the School Committee based on substantive changes in the school bus contract. Any such variations shall not increase the length of the teachers' workday. Nor shall such variations make the students' normal school day earlier than 7:30 a.m. nor shall such day end later than 3:00 p.m. It is further agreed that the Committee, through the administration, shall have the right to alter the beginning time of the school day in cases of inclement weather.

J.         Teacher Meetings

1.         Teachers may be required on Mondays to remain after the end of the regular school day, up to 3:45 p.m., to attend a number of departmental, school or staff meetings. The number of meetings in a school year for regular teachers shall not exceed twenty (20) and for lead teachers shall not exceed thirty (30). Teachers will be notified of such meetings and the subject matter at least forty-eight (48) hours in advance of the meeting. Emergency meetings may be called by the Superintendent-Director upon notification to the President of the Federation or his designees.

2.         Teachers may be required to attend three (3) evening meetings or functions each year. Attendance at other evening meetings shall be at the discretion of the individual teachers.

3.         Five Mondays will be available to the Federation for meetings after school; one in each of the following months: September, November, February, April and June. The federation will be provided a one half hour designated time period on an opening day (staff day) agenda.

 

 

 

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K.        Assistance In Assault Cases

1.         Department Director shall report all cases of assault suffered by teachers, in connection with their employment to the Superintendent-Director.

2.         Whenever it is alleged that a teacher has assaulted a person or that a person has assaulted a teacher, the Department Director and Principal shall conduct an investigation of the incident. The Principal shall comply with any reasonable request from the teacher for relevant information in the Committee's possession not privileged under law concerning the person or persons involved.

3.         If criminal or civil proceedings are brought as the result of an assault involving a teacher in connection with his employment, the Committee will furnish legal counsel to defend him in such proceedings if he requests such assistance subject to the following qualifications:

 

a.         Need for counsel must occur during the term of the teacher's employment contract.

b.         When the teacher is the plaintiff or defendant, the Committee will pay the cost of the counsel only if the teacher prevails.

c.         If the teacher is acting as a witness only, the Committee will not provide or pay for counsel. No deduction will be taken from the teacher's pay for time spent acting as a witness.

L.        Termination and Recall

1.         Reduction in staff necessitated by a drop in enrollment or financial exigencies shall be handled to the extent possible, through attrition.

2.         Should a lay-off of staff become necessary, the Superintendent will exercise unilateral right to determine the department or departments in which staff reductions will take place, and the number of persons to be deleted from each department.

3.         The least senior members of the designated departments shall be the first to be laid off.

4.         Where seniority ranking of two or more employees within a department is the same, the person who, in the opinion of the Superintendent, is least qualified, shall be the first to be laid off.

5.         Any tenured employee terminated pursuant to this Article effective on or after September 1, 1985 shall have recall rights for a period of two (2) calendar years from the effective date of termination to the position from which he has been laid off. He shall have similar recall rights to any other open position for which he is, in the opinion of the Superintendent, qualified.

6.         In the event of recall, the employee shall be placed on the salary schedule at the level he had attained at the time of termination.

7.         If a teaching position within the bargaining unit becomes open and a teacher on the recall list is certified and, in the opinion of the Superintendent, qualified to hold that position, the teacher will be notified in writing, by registered mail, sent to his last address appearing on Superintendent records prior to the anticipated date of re-appointment. Teachers so notified must accept or reject an offered

 

 

 

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            appointment in writing within fifteen (15) days of notification. If a teacher rejects an appointment offered, or does not respond, in writing, within the fifteen (15) day period, the teacher's name will be removed from the reappointment list and recall rights will be forfeited.

8.         Teachers shall be recalled in the inverse order of termination to positions for which they are certified, and in the opinion of the Superintendent, qualified.

9.         Tenured teachers who hold recall rights shall be given preference on the substitute list for their certified areas if they so request in writing.

M.       Damage or Loss of Property

1.         No teacher shall be held responsible for loss, damage, or destruction of school property or student's property when such loss, damage, or destruction is not the fault of the teacher.

2.         The Committee will reimburse teachers for loss, damage or destruction, while on duty, of personal property of a kind normally worn to or brought to the school when the teacher has not been negligent, to the extent that such loss is not covered by insurance.

 

            A teacher shall report, in writing, all pertinent information or knowledge relating to the loss, damage or destruction of school property or student property, or of injury to a student or other person on school property or at a school-related event. The teacher shall cooperate with school officials and investigation of such matters.

N.        Seniority

1.         The Superintendent shall prepare a seniority list, which indicates the date on which all members of the bargaining unit began service. The Federation shall be supplied with the list by October 1st each year, which shall be kept current.

2.         Seniority is based upon length of service at the school. Periods of time consisting of service rendered in the school district outside the bargaining unit shall not be included in determining total seniority.

 

            Notwithstanding any other provision of this Agreement, in calculating seniority, the following periods shall not be counted:

a.         Any period between the date of termination due to layoff and the date of re-employment whether through recall or not.

b.         Any period of unpaid leave of absence equal to or in excess of one (1) year.

            The above paragraph shall be effective only with respect to leaves which initially take effect on or after September 1, 1988; accordingly, said paragraph shall not be effective with respect to leaves, or extensions thereof, which began under the terms of the parties' 1985/88 Agreement.

 

 

 

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3.         Part-Time Teachers: Years of Seniority Part-Time Teachers: Years shall be prorated by the formula given below with the exception of the following:

Formula:                    No. Periods Worked

Maximum Periods In Full-Time Teaching Load

            Exception: Full-time members of the bargaining unit who are involuntarily reduced to part-time positions shall continue to accrue one (1) full year of seniority for each additional year of part-time service.

 

4.         Any member of the bargaining unit who voluntarily resigns from employment by the School District shall forfeit his/her place on the seniority list.

O.        Uniform Allowance

1.         A uniform allowance not to exceed $175.00 per year shall be provided for each teacher who is requested or required by the administration to wear a uniform or protective clothing. Teacher will be required to present receipts for uniforms purchased. The amount reimbursed is to be the exact amount of the purchase price (not to exceed $175.00). The Committee reserves the right to determine that the replacement of an existing uniform is necessary.

2.         A reimbursement of up to $400 during this contract will be afforded to staff for prescription safety glasses/goggles when required by administration. This reimbursement does not apply to prescription eyeglasses.

P.         Off-Campus Duties

The School Committee agrees to pay his daily salary to any member of the bargaining unit, who is required by the Committee to attend conferences, institutes or other off-campus functions. The Committee also agrees to pay for all expenses incurred by the members with regard to meals, lodgings, and/or mileage. This shall not apply to any time spent by a member of the bargaining unit to comply with the professional improvement clause of Appendixes A, B, and C, Salary Schedule or with the professional improvement requirements mandated by the Massachusetts Division of Occupational Education.

Q.        Transporting Students

Teachers shall not be required to transport students in the teacher's automobile.

R.        Notices and Announcements

1.         All official circulars pertaining to teachers shall be posted on a designated bulletin board in A, B, C, D, and E buildings and a copy furnished to the Federation.

2.         A Directory of Personnel for the school shall be provided to all personnel by November 1 of each year.

 

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3.         A systematic method of circulating information shall be devised. Use of the public address system when classes are in session shall be restricted to emergency calls.

S.         Extracurricular Activity

1.         Assignment to an extracurricular activity should be voluntary.

2.         Members of the bargaining unit who are involved in extracurricular activity positions who have received three (3) consecutive one (1) year appointments commencing September 1, 1975 shall be awarded a two (2) year contract if a fourth appointment is made.

3.         Fifth and subsequent appointments shall also be for two (2) years each.

4.         The Committee is under no obligation to re-appoint the person holding a coaching position under a previous contract.

5.         For an extracurricular activity, the Superintendent-Director will determine who is best qualified to serve the students.

The criteria to be used in the selection of the employee shall be:

a.         Technical training in sport or discipline

b.         Experience in a similar position

c.         Proven ability to lead young people

If two (2) applicants are judged to be equal under the above criteria by the Superintendent-Director, the applicant who is a member of the bargaining unit will be granted the position.

T.        Exchange Teachers

In the event the School Committee approves a program involving the exchange of teachers, the following conditions shall apply:

1.         No teacher shall be assigned to another school district involuntarily.

2.         During the period of the exchange, the salary, health insurance benefits and all benefits involving the accrual and taking of leave shall be governed by the collective bargaining Agreement between the School Committee and Local 3199.

3.         During the period of the exchange, other conditions of employment such as workload and duties shall be governed by the practice in effect at the school to which the teacher is assigned.

 

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ARTICLE VII, LEAVE POLICIES

A.        Sick Leave

1.         Employees covered by this Agreement shall be entitled to thirteen (13) days sick leave. Unused days may be accumulated to a maximum total of two-hundred, sixty (260) days.

2.         Deductions for excused absences beyond the allowable sick leave or for other causes shall be prorated at the rate of the annual salary for each day to be deducted. Salaries obtained from extracurricular activities will not be included in the deduction. However, salary for extracurricular activities will be deducted by the amount of compensation paid to another person to complete the activity.

3.         In the event of a teacher's absence for illness in excess of the five (5) consecutive working days, the Committee may require the filing of a doctor's certificate, or the Committee may, if it has reasonable cause to believe that there is an abuse of sick leave policy, require an examination by an independent physician, such examination to be at the Committee's expense. The Committee may act through a designee.

4.         Teachers may utilize up to five (5) days of their earned sick leave per year to care for sick members of their immediate families.

In cases where a pattern of sick-leave abuse exists, the Superintendent-Director shall counsel an employee concerning his sick-leave use. Thereafter, if a pattern of abuse continues, the Superintendent-Director may require, as a condition of granting sick leave in future instances, that the teacher substantiate his/her claimed illness by submitting a certificate from a physician that the employee was examined and found to be ill.

A problem of sick-leave abuse shall be deemed to include the following circumstances:

 

a.          A pattern of taking sick days connected to the beginning or ending of weekends, holidays, or school vacation periods.

b.         A history of numerous occasions of short-term sick leave in one (1) or more years; or

c.          Repeated use of above-average amounts of sick leave, not including illnesses in excess of five (5) consecutive days.

In cases where the Superintendent-Director has reasonable grounds to suspect that the employee is incapacitated, he may require that the employee obtain an examination to determine his/her fitness for teaching. Such examination shall be by a qualified specialist chosen by the employee; failing a timely selection by the employee, the Superintendent-Director may designate the physician. The School Committee shall bear the cost of any examination it requires under this paragraph.

5.         Any teacher at the school excluded or removed from employment on account of tuberculosis in a communicable state shall be carried on sick leave with pay for the entire period of such exclusion or removal, but in no case more than two

 

 

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            (2) years, and for such further additional period as he may be entitled to under the terms of the Agreement.

6.         Each teacher shall receive notice of his accrued sick leave during the month of September.

Upon the teacher's return, an appropriate form will be provided for completion by the teacher and the signed form returned to his/her immediate supervisor. This form will state the number of days and the reason for the absence.

7.         Sick Leave Bank:

a.         The assets of the Sick Leave Bank shall be comprised of days contributed by its members from leave assigned to them under ARTICLE VII, A. Donation to the Bank shall be a condition of membership. Any person in the unit who wishes to become a member of the Sick Leave Bank may do so by assigning one (1) of his sick-leave days to the Bank during the thirty (30) day period, which shall commence September 1 of each school year. New employees may assign one (1) sick day to the Bank during the thirty (30) calendar-day period next following the first day of employment.

            Any member electing not to participate in the Sick Leave Bank will not be allowed to return as a member of the Bank for two (2) school years.

b.         Participating members who wish to draw from the Bank must make application to a Sick Leave Bank Committee which shall be composed of the following:

•           One (1) federation member from the vocational staff

•           One (1) federation member from the academic staff

•           One (1) federation member from the support staff (i.e. Guidance, Nurse)

•           One (1) administrator who shall represent the Superintendent-Director and who shall have no voting power.

Such application shall be made at least seven (7) calendar days before the anticipated withdrawal. An application blank is available for this purpose from the committee. All requests for days from the bank shall be accompanied by medical evidence indicating the requesting employee's inability to perform his/her normal duties.

A participating employee who has been on sick leave in excess of thirty (30) consecutive school days shall receive written notice, addressed to the employee's residence on file at the school, ten (10) school days in advance of the specified date on which his/her sick leave will be exhausted. A copy of the notice shall be given to the Federation's president. This notice provision is intended to facilitate timely application by participating members in the Sick Leave Bank.

 

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c.         Three (3) days after exhaustion of his sick leave, a member whose application has been approved by the committee may draw upon the Sick Leave Bank. The initial grant of days from the Sick Leave Bank by the committee shall not exceed thirty (30) days. If the need continues, re-application to the committee may be made for further grants of thirty (30) days each.

d.         No member shall be granted more than one-hundred, eighty-two (182) days of sick leave from the Bank.

e.         Any person in the bargaining unit who chooses not to participate in the Sick Leave Bank will be required to sign a release to the Federation.

f.          Members shall be eligible for benefits under the Sick Leave Bank only while employed by the Assabet Valley Regional Vocational School District.

g.         Each member of the Sick Leave Bank will deposit one (1) additional day in the Bank as of the first day of each school year. Failure to do so will cancel membership. If the accumulation of days in the Bank falls below fifty (50), all persons who wish to remain members will be required to deposit one (1) additional day. Any person who is drawing from the Bank at that time or who has used all sick leave days available to him will be exempt from depositing the additional day.

h.         Any misuse or abuse pertaining to the Sick Leave Bank that comes to the attention of the Sick Leave Bank Committee will be evaluated and, if such action seems appropriate, the committee shall terminate that individual's membership in the Bank. All decisions of the committee relative to membership and operation of the Sick Leave Bank are final.

i.          Effective August 15, 2009, donations to the sick leave bank will be suspended. When the balance of the sick leave bank falls below 500 days, donations will be reinstated beginning in the following school year. During the suspension of donations, new staff will be automatically included in the bank without having to make a donation.

8.         The School Committee reserves the right to deny sick leave benefits paid to any teacher within the twenty (20) school days immediately following a contractually defined unpaid leave.

B.        Funeral Leave

1.         A maximum of five (5) school days funeral leave without loss of pay shall be granted to teachers upon the death of anyone in their immediate family.

2.         Funeral Leave in paragraph 1 shall include the teacher's spouse, foster parent, foster children, child, mother, father, sister, brother, father-in-law, mother-in-law, son-in-law, daughter-in-law of the teacher or any other relative living in the house.

 

●          A foster child is to be defined as a person not related by blood or legal ties but who has been directly provided parental care.

●          A foster parent is to be defined as a person who has provided parental care.

3.         Funeral Leave of two (2) days without loss of pay shall be allowed on the death of a grandparent, grandchild, aunt, uncle, niece, nephew, brother-in-law or sister-in-

 

 

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            law of the teacher or the teacher's spouse covered under paragraph 2 and not living in the teacher's household.

4.         One (1) official designee of the Federation shall be allowed to attend the funeral of any member or retired member of the bargaining unit without loss of pay. This leave shall not exceed one (1) day.

5.         Three days funeral leave without loss of pay, up to and including the day of the funeral, shall be granted in the case of the death of a person when a teacher is solely responsible for all the funeral arrangements of the deceased. Evidence of responsibility is to be approved by the Superintendent-Director.

6.         The Superintendent-Director must be notified by the teacher when Funeral Leave is taken and under what provision it is requested.

C.        Personal Leave

1.         Teachers will be entitled to a total of three (3) days of absence without loss of pay. Under ordinary circumstances, personal leave shall be granted for personal affairs requiring the presence of the employee, which cannot reasonably be conducted during non-school hours. Such typical occasions include:

a.         Business and other legal transactions, which can only be attended to by the members during school hours.

b.         Illness in the immediate family.

c.         Graduation of a member of the immediate family.

d.         Religious days.

e.         Such emergencies which develop without prior knowledge of the teacher and which require the immediate attention of the teacher.

2.         Notification of personal leave will be made to the Superintendent-Director at least 48 hours before taking such leave (except in the case of emergencies). At no time shall this leave be used for vacations or recreation activities and does not apply to Federation or other organizational business.

3.         Leave allowed under this section does not accumulate year to year. However, at the end of each year, any unused personal days will be converted to sick leave days and added to the employee's sick leave accrual.

4.         Staff covered by this agreement will not be granted a personal leave day on a day immediately before or after a holiday, vacation period or during the first or last four (4) days of the school year. Exceptions may be granted by the Superintendent-Director.

D.        Sabbatical Leave

Sabbatical Leave will be granted for an organized program of professional advancement to members of the Federation at the discretion of the Committee. Such leaves are designed to improve the quality of education at Assabet Valley Regional Technical School, thus increase the benefits accruing to the pupils. Sabbatical Leave will be subject to the following conditions.

 

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1.         The program of professional advancement must be approved by the Superintendent-Director.

2.         The employee shall have completed at least seven consecutive full school years of employment at Assabet Valley Regional Technical School.

3.         No more than one (1) employee per school year will be granted sabbatical leave.

4.         Requests or notifications of intention for Sabbatical Leave must be received by the Committee in writing in such form as may be required by the Committee no later than one (1) month before the budget must be certified to the member communities, and action must be taken on all such requests no later than April 1, of the school year preceding the school year for which the Sabbatical Leave is requested.

5.         In the event the number of applications received exceeds one (1) employee, the application will be evaluated upon the following factors:

 

a.         Education value of the proposed program to Assabet Valley Regional Technical School.

b.         The quality of past performance by the employee.

c.         The length of service by the employee.

d.         In addition, the Committee may deny any request for Sabbatical Leave, in its discretion, based on reasons of economy.

 

6.         Upon return to employment, the teacher shall be placed on the appropriate step in the salary schedule as though such employee had not taken leave.

7.         The employee will agree in writing that upon termination of leave the teacher will return to service at Assabet Valley Regional Technical School for a period equal to twice the length of such leave and that, in default of completing such service, he will refund to the Committee an amount equal to such proportions of salary received by him while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered.

8.         Employee on Sabbatical Leave for one (1) full school year shall be paid at 65% of their regular salary for that school year provided that such payment when added to grants received does not exceed the present salary. If the present salary is exceeded, the Committee's participation will be reduced by an amount that will maintain the present salary.

E.        Educational Leave

1.         Professional days for the purpose of visiting other schools, attending meetings or conferences, relating to curriculum development or organizational structure will be allowed, provided a written proposal is presented to the Superintendent-Director at least five (5) days in advance. The Superintendent-Director will approve or reject the proposal at least two (2) days in advance of the proposed leave. Proposals will be evaluated on the basis of their value to the educational program at the Assabet Valley Regional Technical School. No more than 5% of the faculty will be absent for this purpose on any given day. Exceptions may be approved by the Superintendent-Director.

 

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2.         The Committee shall pay expenses incurred by the teacher such as registration fees, meals, lodging, and transportation. A list of anticipated expenses will be included with the proposal for approval by the Superintendent-Director.

            In cases where transportation, meals and lodgings have not been budgeted for in the fiscal operating budget, and the teacher still desires to attend at his personal expense, approval may be granted by the Superintendent-Director.

3.         Teachers requesting reimbursement from the Committee under this section will submit to the Superintendent-Director a voucher individually listing the expense for which reimbursement is sought.

F.         Military Leave

Military leave without pay shall be granted to any teacher who is inducted or any tenured teacher who enlists in any branch of the Armed Forces of the United States. Upon return from such leave, a teacher shall be placed on the salary schedule at the level, which he would have achieved had he remained actively employed in the school during the period of his absence up to a maximum of four (4) years.

G.        Reserve Duty

Military Leave will be provided in accordance with applicable state and federal laws. Employees who are obligated to perform summer reserve training will use their best efforts to have such training scheduled during the summer months or at such times as will cause the least disruption to the school.

H.        Federation Leave

1.         A member of the bargaining unit who is elected a full-time paid officer of the American Federation of Teachers/Massachusetts shall, upon proper application, be granted an unpaid leave of absence for one (1) school year.

2.         A member of the bargaining unit who is employed to assist the Federation in discharging its duties as the exclusive bargaining representative of the teachers covered by this Agreement shall, upon proper application, be granted an unpaid leave of absence for one (1) school year.

3.         The Federation President or his representative shall be granted a maximum of three (3) days off per school year for the purpose of representing the faculty with regard to Federation business. Upon proper application, with at least two (2) weeks advance notice; he shall be granted a leave of absence without pay.

 

 

 

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I.          Maternity Leave

1.         Any teacher who becomes pregnant shall give the Superintendent-Director immediate notice of the pregnancy and the expected date of delivery.

2.         Any teacher shall be eligible to use accumulated sick leave for disability caused by pregnancy or childbirth and recovery there from. The certification or statement of a doctor that such teacher is not in fit condition for service shall be necessary following an absence of six (6) or more successive school days under sick leave.

3.         Any teacher covered by MGL, Chapter 149, Section 105D who is pregnant shall, upon request, be given a maternity leave of absence without pay, for a period of up to eight (8) weeks, in accordance with the terms of said statute.

4.         Any teacher shall be eligible to use accumulated sick leave for such portion of the maternity leave of absence for which her physician certified that she was not in fit condition for service due to disability caused by pregnancy or childbirth and recovery there from.

5.         No pregnant teacher shall be permitted to work later than the date recommended by her physician.

6.         The pregnant teacher shall notify the Superintendent-Director no less than two (2) weeks before the anticipated date of departure of the day she will leave.

7.         Nothing in this section shall preclude any teacher from receiving benefits to which she is entitled by law.

8.         Any employee returning from maternity leave will be reinstated to her previous position or to a comparable position.

9.         A teacher returning from a maternity leave of absence will be returned to her previous position on the salary schedule unless a teacher served ninety (90) or more school days of the school year in which the leave was granted in which case the teacher shall be placed on the next step of the salary schedule.

            Half-time teachers returning to work shall be placed in the next step of the salary schedule if they served ninety (90) or more half days, or forty-five (45) or more full school days of the school year in which the leave was granted.

J.         Child-Rearing Leave of Absence

1.         A child-rearing leave of absence of up to two (2) years without pay shall be granted to a tenured teacher eight (8) weeks following the birth or immediately following the adoption of his/her child. Teachers are encouraged to file ninety (90) days' notice of the date of departure, but in no event shall such notice be less than two (2) weeks except for adoptions implemented on even less notice. All notices shall be in writing to the Superintendent-Director. A teacher on child-rearing leave may return to active duty only at the commencement of a school year. He/she shall notify the Superintendent-Director on or before April 1 of his/her intent to return the following September. Failure to provide any notice shall constitute notice of intention not to return and a forfeiture of child-rearing leave rights. Failure to return after giving notice of intention to return may result in a forfeiture of child-rearing leave rights.

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2.         During a child-rearing leave of absence, no sick leave or other benefits shall accrue provided a teacher returning to regular employment shall be re-credited with seniority accrued prior to the leave and shall be credited with seniority for the period of leave, not to exceed one (1) year, in accordance with ARTICLE VI, N.

K.        Other Leaves

1.         If a teacher attending summer school finds his assignment commencing prior to the completion of the school year he may, upon approval of the Superintendent-Director, be released to attend summer school. The teacher's compensation for that school year will be reduced by the following formula:

Number of Release Days                  X             Teacher's Salary for School Year

Total Number Of School Days

 

2.         Tenure members of the bargaining unit shall be granted leave of absence without pay for two (2) years to serve with the Peace Corps, Vista, National Teacher Corps, or the Commonwealth Teacher Corps.

3.         A tenure member of the bargaining unit shall be granted a leave of absence without pay for two (2) years to serve as an elected official in public office.

4.         Leaves of absence may be extended by the School Committee.

5.         All benefits to which a teacher was entitled at the time leave of absence commenced shall be restored to him upon his return. A teacher on leave of absence may return to active duty only at the commencement of the school year. The teacher shall notify the Superintendent-Director on or before April 1 of his intent to return the following September.

6.         A teacher who marries shall be granted two (2) weeks leave of absence without pay.

L.        Unpaid Leave

The School Committee reserves the right to deny any request for unpaid leave status or to rescind any established unpaid leave status before unpaid leave commences, if the teacher applicant draws paid sick leave benefits during the twenty (20) school days preceding the beginning of the leave.

M.       Part-Time Teachers

1.         Part-Time Teachers

            Each leave day shall be reduced in proportion to the days the teacher works in a part time capacity. Example: Teacher employed for half day (.50 teaching load); Sick leave accrued in one (1) year is thirteen (13) half days (1/2).

 

2.         Full-Time Teachers Who Work Part of a Year

            a. Full-time teachers who do not work a full year, for example, because they retire or end employment during the year or are hired after the start of

 

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            the school year, will have their leave days pro-rated as indicated below. (This will not be applied in the case of unforeseen medical leaves.)

            b. The calendar will be divided into three segments as indicated below. Teachers employed during a particular segment of the year will accrue 4 1/3 sick days and one (1) personal day. The segments are: Start of school to November 30; December 1 to February 29; March 1 to the end of school.

            c. An employee may appeal to the Superintendent in any situation where this proration would work a hardship, and the Superintendent shall have the discretion to modify the effect of this provision.

N.        Jury Duty Leave

All teachers required to serve on Jury Duty shall promptly notify their immediate administrator by providing a copy of the notification received and in so doing the teacher shall be granted leave to serve without loss of pay. Jury Duty Leave beyond one (1) day shall require verification of dates and compensation received, if any, from the courts. Compensation received from the courts in excess of $25.00/day shall be deducted from compensation to be received from this School District.

O.        Family Medical Leave Act

Assabet Valley Regional Technical School shall provide Family and Medical Leave in accordance with the Family and Medical Leave Act of 1993 (FMLA). The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons - the birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care; to care for a spouse, son, daughter, or parent who has a serious health condition; for a serious health condition that makes the employee unable to perform the essential functions of his or her job; or for any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status. An eligible employee may also take up to 26 workweeks of leave during a "single 12-month period" to care for a covered service member with a serious injury or illness, when the employee is the spouse, son, daughter, parent, or next of kin of the service member.

Additional, specific information on FMLA may be requested from the Superintendent's Office.

 

 

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ARTICLE VIII, TRANSFERS, VACANCIES/PROMOTIONS

A.        Transfer

1.         Requests for transfers shall be submitted in writing to the Superintendent-Director of the school and renewed annually.

2.         If the transfer is one that normally would not become effective until the beginning of the school year, the request must be filed prior to March 15 of the preceding school year.

3.         Notices of transfer shall be given to a teacher as soon as possible following the granting of a teacher's request.

4.         The School Committee reserves the right to make involuntary transfers when such transfers will serve the best interest of the school.

5.         Any involuntary transfer shall be made only after a meeting between the teacher involved and the Superintendent-Director, at which time the teacher shall be notified of the reason of the transfer. In the event that a teacher objects to the transfer, the Federation shall be notified and the Superintendent-Director will meet with the Federation representative to discuss the transfer.

6.         The term "transfer" shall include all changes between areas of teacher certification.

7.         Where all other factors are equal, seniority based on consecutive years of experience with the department will be given consideration.

B.        Promotions/Vacancies

1.         Whenever a vacancy occurs in either a full-or part-time position which may be filled by certified staff, or when a new position is created, a notice of the vacancy, together with a job description of duties required and the pay rate which will apply shall be posted upon the bulletin boards of the faculty lounges for a period of at least ten (10) school days and shall be emailed to all staff members. One (1) copy shall also be emailed to the President of the recognized local teachers' organization.

2.         Applications will be received from the personnel who believe themselves qualified by reason of experience, training, capacity, and general ability to execute proficiently all the demands of the position.

3.         In considering candidates for a position, where factors specified in paragraphs 1 and 2 above are the same among a number of candidates, seniority at the school shall be given consideration.

4.         Such applications shall be in writing and shall set forth the basis on which the applicant solicits consideration.

5.         Vacancies shall be filled by an applicant within the school if, in the opinion of the School Committee, his/her educational qualifications and experience are equal to or exceed those of the other applicants.

 

 

 

 

 

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6.         For vacancies that occur during summer months, staff will be notified of openings via electronic means which may include, but not be limited to, school email addresses or telecommunications.

7.         In the event the Superintendent decides not to appoint any specific Federation member to a vacancy, he/she shall be entitled to written notification regarding the reason for such decision if this is requested.

 

            The Superintendent's decision not to appoint a specific teacher to a vacancy shall not be subject to the grievance procedure.

C.        Other Job Openings

1.         Excluding summer vacations, whenever a vacancy occurs in either a full-or part-time position which may be filled by certified staff, or when a new position is created, a notice of the vacancy, together with a job description of duties required and the pay rate which will apply shall be posted upon the bulletin boards of the faculty lounges for a period of at least ten (10) school days and shall be emailed to all staff members. One (1) copy shall be sent to the President of the recognized local teachers' organization. During the summer vacation period, notice of a vacancy will be mailed to all Federation members.

2.         Applications will be received from the personnel who believe themselves qualified by reason of experience, training, capacity, and general ability to execute proficiently all the demands of the position.

3.         Such application shall be in writing and shall set forth the basis on which the applicant solicits consideration.

4.         For vacancies that occur during summer months, staff will be notified of openings via electronic means which may include, but not be limited to, school email addresses or telecommunications.

5.         For positions in summer programs, evening, afternoon, and federal programs regularly appointed teachers at the school who possess the necessary qualifications will be given first consideration.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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ARTICLE IX, GRIEVANCE PROCEDURE

A.        Definition

1.         A grievance shall mean only a complaint by an employee, the Federation or the Committee that there has been a violation, misinterpretation, or inequitable application of any of the provisions of this Agreement.

2.         As used in this article, the term employee shall mean either an individual employee or a group of employees having the same grievance.

3.         The Federation may initiate and process a grievance under the following procedure, acting in place of the employee.

B.        Adjustment of Grievance

1.         Level 1 - Department Director

a.         An employee may present a grievance to his Department Director within fifteen (15) school days following knowledge by the grievant of the act or condition, which is the basis of his complaint, unless the grievant has a valid excuse for later filing.

b.         The employee and the Department Director shall first confer on the grievance with a view to arriving at a mutually satisfactory resolution of the complaint. At the conference, the employee may be represented by the appropriate Federation representative; but where the employee is represented he must be present. Whenever a grievance is presented to the Department Director by the teacher personally, the Department Director shall give the Federation representative the opportunity to be present and state the views of the Federation.

c.         Department Director shall communicate his decision in writing to the aggrieved employee and to the Federation representative who participated within five (5) school days after receiving the complaint.

2.         Level 2 - Superintendent-Director/Principal

a.         If the grievance is not resolved at Level 1, the aggrieved employee may appeal the decision at Level 1 to the Superintendent-Director/Principal within ten (10) school days after the decision of the appropriate superior has been delivered. The appeal shall be in writing, shall set forth specifically the reasons for the appeal, and shall be accompanied by a copy of the decision at Level 1.

b.         The Superintendent-Director/Principal or his designated representative shall meet and confer with the aggrieved employee with a view to arriving at a mutually satisfactory resolution of the complaint. The aggrieved employee and the appropriate Federation representative shall be given at least two (2) school days notice of the conference and an opportunity to be heard.

c.         Notice of the conference shall also be given to the Department Director. The Department Director and any appropriate superior may be present at the conference and state their views.

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d.         When the employee is not represented by the Federation at this level, the Superintendent-Director/Principal shall furnish the Federation with a copy of the appeal from Level 1, together with notice of the date of the conference. In such cases, the Federation may be present and state its views.

e.         The Superintendent-Director/Principal shall communicate his decision in writing, together with the supporting reasons, to the aggrieved employee and to any Federation representative who participated at this level, within ten (10) school days after receiving the appeal.

f.          The Department Director and any appropriate superior shall also receive a copy of any decision at this level.

3.         Level 3 - School Committee

a.         If the grievance is not resolved at Level 2, the aggrieved employee may appeal the decision at Level 2 to the School Committee within ten (10) school days after the decision of the Superintendent-Director has been delivered. The appeal shall be in writing, shall set forth specifically the reasons for the appeal, and shall be accompanied by a copy of the appeal and the decisions at Level 2.

b.         The School Committee shall meet with the aggrieved employee with a view to attaining mutual resolution of the complaint. The aggrieved employee and the appropriate Federation representative shall be given at least two (2) school days' notice of the conference and an opportunity to be heard.

c.         Notice of the conference shall also be given to the Superintendent-Director, Department Director or any other appropriate superior. The above-named parties may be present at the conference and state their views.

d.         When the employee is not represented by the Federation at this level, the School Committee shall furnish the Federation with a copy of the appeal from Level 2, together with notice of the date of the conference. In such cases, the Federation may be present and state its views.

e.         The School Committee shall communicate its decision in writing, together with the supporting reasons to the aggrieved employee and to any Federation representative who participated at this level, within fifteen (15) school days after receiving the appeal.

f.          The Superintendent-Director, any other appropriate superior, and the Department Director shall also receive a copy of any decision at this level.

4.         Special Procedures for Grievances Relating to Salary and Leave Matters:

a.         Any grievance based on a complaint that the employee has been placed on the wrong salary schedule, or step, or that he has been improperly denied an increment, or that his salary has been miscalculated or that the person's absence reduction was improperly calculated, shall be filed directly with the Superintendent-Director and shall next be appealed to the School Committee. In such cases the provisions of the general procedures relating to Level 2 shall apply to the presentation and adjustment of the grievance at the level of the Superintendent-Director except that:

 

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1)         The grievance shall be filed within fifteen (15) school days following knowledge by the grievant of the act or condition, which is the basis of the complaint, unless the grievant has a valid excuse for later filing.

2)         The employee need not be present at the conference.

The provisions of the general procedure relating to Level 2 and 3 shall apply to any appeal to the School Committee from the decision of the Superintendent-Director.

5.         Time Limits

a.         The time limits in this article may be extended by a mutual agreement.

b.         Failure at any level of the Grievance Procedure to appeal within the specific time limits shall be considered acceptance by the employee of the decision rendered.

c.         Failure at any level of the Grievance Procedure to communicate a decision within the specified time limits shall permit the employee to proceed to the next level.

6.         Committee Grievance

a.         The Committee, if it has a grievance as defined in ARTICLE IX, A.1. above, shall initiate the grievance by filing with the President of the Federation a written statement of the complaint with fifteen (15) school days of the act or condition, which is the basis of complaint, unless the Committee has a valid excuse for later filing.

b.         Within ten (10) school days thereafter said statement shall be reviewed jointly by representatives of the Federation and the School Committee with a view to arriving at a mutually satisfactory resolution of the complaint.

c.         If the grievance is not resolved to the satisfaction of the Committee, said Committee shall then within ten (10) days notify the Federation in writing if it intends to file for arbitration under provisions of ARTICLE X, ARBITRATION.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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ARTICLE X, ARBITRATION

A grievance dispute, which was not resolved at the level of the School Committee under the Grievance Procedure may be submitted by the Federation or the Committee by filing a request for arbitration with the other party and the American Arbitration Association. The notice shall be filed within ten (10) school days after receipt of the decision at the last step of the grievance procedure. The voluntary labor arbitration rules of the American Arbitration Association shall apply to the proceeding.

The arbitrator shall issue his decision no later than thirty (30) days from the date of the close of the hearings, or if oral hearings have been waived, then from the date of transmitting the final statements and proofs to the arbitrator. The decision shall be in writing and shall set forth the arbitrator's opinion and conclusion on the issues submitted. The decision of the arbitrator, if made in accordance with his jurisdiction and authority under this Agreement and law will be accepted as final by the parties to the dispute and both will abide by it subject to MGL, Chapter 150C, Section 11. The arbitrator's fee will be shared equally by the parties to the dispute.

The Committee agrees that it will apply to all substantially similar situations, the decision of an arbitrator sustaining a grievance, and the Federation agrees that it will not bring or continue, and that it will not represent any employee in any grievance which is substantially similar to a grievance denied by the decision of an arbitrator.

 

 

 

 

 

 

 

 

 

 

 

 

 

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ARTICLE XI, SPECIAL SERVICES

A.        Guidance Counselors

1.         Each counselor shall be provided suitable office space and a telephone to carry out his duties.

2.         After-school conferences with Guidance Counselors shall be by appointment.

3.         All Guidance Counselors shall be expected to participate in three (3) evening meetings per year, scheduled by the school. In addition, there are two (2) other meetings per year, which will be covered by two (2) Guidance Counselors each on an equitable basis. Attendance at evening meetings other than as required in the above two (2) sentences shall be on a voluntary basis.

4.         Compensation for a Guidance Counselor shall be determined by computing his appropriate step on the Academic Teachers' Salary Schedule.

5.         Guidance Counselors who work beyond individual agreed contract period shall be compensated on a prorated basis.

6.         The Guidance Office shall be operational and staffed by a Counselor between 7:45 a.m. and 3:45 p.m. for the day school program. Counselors are to carry out their professional responsibilities and be available for appointments during these hours. The amount of time that a Counselor is expected to spend in the building will be determined by the Counselor's professional obligation. The manner in which the Counselor meets his professional obligation will be a factor in his formal evaluation.

B.        Learning Center - Library Media Specialist

1.         The Library Media Specialist collaborates with teaching staff in the development of student literacy through the administration of the library media program. He/she provides specialized instruction to students and teaching staff, oversees the selection, organization, utilization and maintenance of the Library/Learning Center.

2.         Duties and responsibilities of the Library Media Specialist shall include those normally associated with the position and that of a Media Specialist. Nothing herein shall exclude the Library Media Specialist from taking on assignments directed by the Superintendent or his/her designee, namely the Academic Director. Any assignments outside his/her area of certification must be mutually agreed upon. (Current contract language, page 15 Article VI #2).

3.         The daily work schedule for the Library Media Specialist shall be consistent with the Unit A contract.

4.         Annual compensation for services shall be paid in accordance with the Unit A Salary Schedule.

C.        Cares Clinician

1.         The duties of the Cares Clinician shall be defined.

 

 

 

 

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ARTICLE XII, ACADEMIC FREEDOM: PROFESSIONAL ACTIVITY

A.        Academic Freedom

1.         Each teacher is entitled to freedom of discussion within the classroom on all matters, which are relevant to the subject under study, and within the area of professional competence.

2.         When the teacher speaks or writes as a citizen, he shall be free from administrative censorship, discipline, and/or intimidation.

3.         The private and personal life of a teacher is not within the appropriate control of the Committee.

B.        In-Service Training

1.         A diversified program of in-service training shall be provided.

2.         The Committee will provide in-service training programs necessitated by curriculum changes or the changing needs of the School District.

3.         Whenever an in-service course or program is provided, all members of the bargaining unit shall be allowed to avail themselves of this course or program.

4.         Whenever in-service courses are offered with the stipulation that one (1) degree credit shall be granted to those members successfully completing said course, no less than three (3) such courses shall be offered during any three (3) year period in which a member is required to obtain three (3) degree credits.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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ARTICLE XIII, FEDERATION PRIVILEGES & RESPONSIBILITIES

A.        Consultation

Effective September 1974, a committee of Federation representatives shall meet with the Superintendent-Director quarterly to discuss matters relating to the welfare of the school. Both parties shall submit items for the agenda. There shall be a mutual effort to make these sessions meaningful and advantageous to the school.

B.        Information

The Committee and the Federation shall make available to each other, upon reasonable request, information relevant or necessary for the proper enforcement of this Agreement.

C.        School Committee Meetings

A copy of the public agenda of all School Committee meetings shall be made available to the designated Federation representative to the Committee meetings, at least twenty-four (24) hours prior to the meetings. The Federation representative shall be advised as soon as possible of all special public meetings of the School Committee.

D.        Existing Laws and Regulations Preserved

1.         The rights and benefits of persons provided herein are in addition to those provided by State or Federal Law, rule or regulation, including without limitation all applicable tenure, pension, or education laws and regulations.

2.         The School Committee and the Federation shall carry out the commitments contained herein and give them full force and effect as School Committee policy. The Committee shall amend its regulations and take such other action as may be necessary in order to give full force and effect to the provisions of the Agreement.

E.        Protection of Individual and Groups Rights

1.         Nothing contained herein shall be construed to prevent any person from informally discussing any dispute.

2.         Nothing contained herein shall be construed to permit any parties other than the Federation, the School Administration, and the School Committee to participate in the process of a formal grievance.

F.         Printing of Agreement

The Committee agrees to pay the cost of printing the copies of the Agreement in booklet form and to distribute copies of the Agreement to each member of the bargaining unit presently employed by the Committee and to each new member hired during the duration of this Agreement.

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G.        Federation Activity at the School Level

1.         Before the opening of and after the close of school on school days, the Federation shall have the right to use designated areas in school buildings for meetings of teachers, provided there is no interference with any scheduled school activities. The use of such designated areas shall be arranged with the Director of Business Operations.

2.         The Federation through elected officers shall be provided access to all public announcement systems, texting or emerging messaging systems for the purpose of providing Federation-related notices to the membership. Communications that are political or detrimental to the District are prohibited. Use of ConnectEd phone system will be approved and uploaded by an administrator.

H.        Dues Check-Off

An employee, who wishes to have the Committee deduct the regular Federation dues from his pay for transmittal to the Federation, shall execute an authorization card to be furnished by the Federation. Subject to revocation as permitted by law, such authorizations shall be valid for the term of this Agreement.

I.          Agency Service Fee

1.         As a condition of employment, members of the bargaining unit who are not members of the Assabet Valley Federation of Teachers, Local 3199, AFT, AFL-CIO, shall pay to the Assabet Valley Federation of Teachers an Agency Service Fee. Such fee shall be a percentage of union dues and will represent that portion of union dues which is commensurate with the cost of collective bargaining and contract administration. This provision is subject to any rules and regulations of the Massachusetts Labor Relations Commission.

2.         This provision shall be effective thirty (30) days after the collective bargaining agreement is fully executed by the parties. For employees hired after that date, this provision shall be effective after the employee has served the District for thirty (30) school days.

3.         The Federation shall hold the School District harmless of any liability, and indemnify the School District for all costs, fees and expenses, incurred in the enforcement of this provision against any bargaining unit member who fails or refuses to pay the agency fee.

J.         Resolution of Differences

The Federation and the Committee agree that differences between the parties shall be settled by peaceful means as provided within this Agreement.

The Federation shall for the term of this Agreement not engage in, instigate or condone any strike, work stoppage, or any concerted refusal to perform normal work duties.

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ARTICLE XIV, HANDLING OF NEW ISSUES

Matters of collective bargaining import, not covered by this Agreement may, during the life of the Agreement, be handled in the following manner:

By the Committee:

With respect to matters not covered by this Agreement, which are proper subjects for collective bargaining, the Committee agrees they will make no changes without prior consultation and negotiation with the Federation.

By the Federation:

In any matter not covered in this Agreement, which is a proper subject for collective bargaining, the Federation may raise issue with the Committee for consultation and negotiation.

Being a mutual Agreement, this instrument may be amended at any time by mutual consent.

 

ARTICLE XV, SAVING CLAUSE

If any provision of this Agreement is or shall at any time be contrary to law, then such provision shall not be applicable or performed or enforced except to the extent permitted by law and substitute action shall be subject to appropriate consultation and negotiation with the Federation.

In the event that any provision of this Agreement is or shall be contrary to law, all other provisions of this Agreement shall continue in effect.

ARTICLE XVI, JUST CAUSE

No teacher shall be disciplined without just cause. It is expressly understood that this Section shall not apply to the District's failure to re-appoint a probationary (non-professional status) teacher. The District retains the rights which it has under M.G.L. c. 71, Sections 38, 41, and 42. The failure to re-appoint a non-professional status teacher shall not be subject to arbitration under this Agreement. This clause does not apply to decisions not to employ or re-employ a teacher in any extra-curricular, coaching or stipendiary capacity.

 

 

 

- 44 -


ARTICLE XVII, DURATION

This Agreement and each of its provisions shall be in effect as of August 15, 2015, except as expressly provided otherwise, and shall continue in full force and effect to and including August 14, 2018 and shall automatically renew itself for successive terms of one (1) year each, unless by September 2 next prior to the expiration of the contract year involved, either the Committee or the Federation shall have given written notice of its desire to modify or terminate this contract.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

- 45 -


 

APPENDIX

 


 

APPENDIX A: TEACHERS’ SALARIES (FY16) 187 Days

 


 

 FY16 1.03

STEP

LEVEL I

LEVEL II

LEVEL III

LEVEL IV

Academic

BA

MA

M+30

M+45

Vocational

Shop Certified

60 Credits or Associate's

BA

B+15

1

$       44,213

$       47,818

$       51,438

$       53,249

2

$       47,102

$       50,704

$       54,339

$       56,158

3

$       50,180

$       53,775

$       57,365

$       59,159

4

$       53,259

$       56,848

$       60,420

$       62,205

5

$       56,346

$       59,916

$       63,463

$       65,239

6

$       59,432

$       62,985

$       66,531

$       68,303

7

$       62,519

$       66,057

$       69,636

$       71,427

8

$       65,611

$       69,125

$       72,608

$       74,350

9

$       68,698

$       72,211

$       75,694

$       77,437

10

$       71,786

$       75,260

$       78,746

$       80,490

11

$       74,871

$       78,339

$       81,801

$       83,533

12

$       77,617

$       81,085

$       84,547

$       86,279

Vocational Teachers - Initial placement on the salary schedule shall be no lower than Step 6, based on trade experience. Education will determine the appropriate level. Vocational teachers will not start below Step 6 unless in the Superintendent-Director's discretion the teacher lacks sufficient experience to justify Step 6 placement. The Superintendent-Director has discretion to hire at a higher step than indicated by experience where market conditions so require. Step 12 is available only to employees who have completed 15 years continuous service in Unit A in the Assabet Valley Regional Vocational School District.

 

 

 

 

 

 

- 47 -


 

APPENDIX B: TEACHERS’ SALARIES (FY17)

FY17

1.0275

STEP

LEVEL I

LEVEL II

LEVEL III

LEVEL IV

Academic

BA

MA

M+30

M+45

Vocational

Shop Certified

60 Credits or

Associate's

BA

B+15

1

$          45,429

$          49,133

$          52,853

$          54,713

2

$          48,398

$          52,098

$          55,834

$          57,702

3

$          51,559

$          55,254

$          58,943

$          60,786

4

$          54,724

$          58,411

$          62,081

$          63,916

5

$          57,896

$          61,564

$          65,209

$          67,033

6

$          61,066

$          64,717

$          68,360

$          70,181

7

$          64,239

$          67,874

$          71,551

$          73,391

8

$          67,415

$          71,026

$          74,605

$          76,395

9

$          70,587

$          74,197

$          77,776

$          79,566

10

$          73,760

$          77,329

$          80,911

$          82,704

11

$          76,930

$          80,493

$          84,050

$          85,830

12

$          79,751

$          83,314

$          86,872

$          88,652

Vocational Teachers - Initial placement on the salary schedule shall be no lower than Step 6, based on trade experience. Education will determine the appropriate level. Vocational teachers will not start below Step 6 unless in the Superintendent-Director's discretion the teacher lacks sufficient experience to justify Step 6 placement. The Superintendent-Director has discretion to hire at a higher step than indicated by experience where market conditions so require. Step 12 is available only to employees who have completed 15 years continuous service in Unit A in the Assabet Valley Regional Vocational School District.

 

 

 

 

 

 

 

 

- 48 -


 

APPENDIX C: TEACHERS’ SALARIES (FY18)

FY18

 

1.0275

 

 

 

 

 

 

STEP

LEVEL I

LEVEL II

LEVEL III

LEVEL IV

Academic

BA

MA

M+30

M+45

Vocational

Shop Certified

60 Credits or Associate's

BA

B+15

1

$          46,678

$          50,484

$          54,306

$          56,218

2

$          49,729

$          53,531

$          57,369

$          59,289

3

$          52,977

$          56,774

$          60,564

$          62,457

4

$          56,229

$          60,018

$          63,789

$          65,673

5

$          59,488

$          63,257

$          67,002

$          68,877

6

$          62,746

$          66,496

$          70,240

$          72,111

7

$          66,005

$          69,741

$          73,519

$          75,409

8

$          69,269

$          72,980

$          76,656

$          78,496

9

$          72,528

$          76,237

$          79,915

$          81,754

10

$          75,788

$          79,456

$          83,136

$          84,978

11

$          79,046

$          82,707

$          86,362

$          88,190

12

$          81,944

$          85,606

$          89,261

$          91,090

Vocational Teachers - Initial placement on the salary schedule shall be no lower than Step 6, based on trade experience. Education will determine the appropriate level. Vocational teachers will not start below Step 6 unless in the Superintendent-Director's discretion the teacher lacks sufficient experience to justify Step 6 placement. The Superintendent-Director has discretion to hire at a higher step than indicated by experience where market conditions so require. Step 12 is available only to employees who have completed 15 years continuous service in Unit A in the Assabet Valley Regional Vocational School District

 

 

 

 

 

 

- 49 -

 


            APPENDIX D: EXTRACURRICULAR ACTIVITIES (ATHLETICS)

COACHES

 

FY2016-FY2018

YEARS 1 & 2

YEARS 3 & 4

YEARS 5 & 6

OVER 6 YEARS

Athletic Director

$11,027

$12,408

$12,973

$13,364

Baseball Head

$4,571

$5,028

$5,334

$5,493

Baseball Assistant

$3,169

$3,560

$3,877

$3,992

Basketball Head

$4,800

$5,334

$5,715

$5,886

Basketball Assistant

$3,543

$3,978

$4,296

$4,424

Cheerleader Head

$4,022

$4,222

$4,541

$4,650

Cheerleader Assistant

$2,509

$2,740

$3,063

$3,135

Cross Country

$4,571

$5,028

$5,334

$5,493

Field Hockey Head

$4,571

$5,028

$5,334

$5,493

Field Hockey Assistant

$3,169

$3,560

$3,877

$3,992

Football Head

$7,011

$7,923

$8,229

$8,476

Football Assistant

$4,282

$4,814

$5,135

$5,290

Golf

$3,789

$4,180

$4,496

$4,612

Golf Assistant

$2,614

$2,968

$3,282

$3,367

Ice Hockey Head

$6,399

$7,011

$7,314

$7,534

Ice Hockey Assistant

$3,999

$4,436

$4,877

$5,023

Lacrosse Head

$4,571

$5,028

$5,334

$5,493

Lacrosse Assistant

$3,169

$3,560

$3,877

$3,992

Soccer Head

$4,571

$5,028

$5,334

$5,493

Soccer Assistant

$3,169

$3,560

$3,877

$3,992

Softball Head

$4,571

$5,028

$5,334

$5,493

Softball Assistant

$3,169

$3,560

$3,877

$3,992

Tennis

$3,169

$3,560

$3,877

$3,992

Track Head

$4,571

$5,028

$5,334

$5,493

Track Assistant

$3,169

$3,560

$3,877

$3,992

Volleyball

$4,571

$5,028

$5,334

$5,493

Volleyball Assistant

$3,168

$3,561

$3,876

$3,992

Weightlifting - Intramural

$1,038

Wrestling

$3,790

$4,268

$4,627

$4,765

~ Parties agree that years for the purposes of the pay scale shall continue to mean years in the position, but for the purposes of the longevity payment, years in the sport shall be the appropriate measure. ~ Ten years of service and above, coaches will receive $700 longevity. ~ It is agreed that the parties will update the current list of extracurricular activities by May 1 of each year and that the updated list shall be ratified by both the District Committee and the Federation and that this amendment to the Agreement shall be submitted to the Massachusetts Teacher Contributor Retirement Board to insure that the Bargaining Unit Member receives the appropriate credit for his/her retirement benefits.

- 50 -


           

APPENDIX E: EXTRACURRICULAR ACTIVITIES (ADVISORS)

 

FY2016-FY2018

 

ADVISORS

Years 1,2,3

Years 4 & 5

Years 6 & Up

 

All Class Yearbook

3,862

4,184

4,504

Drama

2,901

3,567

3,858

Skills USA

2,614

2,614

2,614

Drug

2,364

2,662

2,953

Senior

2,198

2,476

2,763

Senior/Junior

2,198

2,476

2,763

Junior

2,198

2,476

2,763

Yearbook

2,198

2,476

2,763

Business Prof. of America

1,861

2,098

2,383

Student Advisory

1,861

2,098

2,383

Sophomore

1,690

1,903

2,192

Sophomore/Freshman

1,690

1,903

2,192

Freshman

1,690

1,903

2,192

Post-Secondary

1,690

1,903

2,192

Alumni Advisor

1,690

1,903

2,192

Newspaper

1,521

1,714

2,002

Safety Committee

1,521

1,714

2,002

Math Club

1,521

1,714

2,002

Ski Club Club

1,521

1,714

2,002

Art Club Advisor

960

1,079

1,366

Game Club

960

1,079

1,366

Teens Org. Against Drugs (TOADS)

960

1,079

1,366

National Honor Society

960

1,079

1,366

Peace Builders/Peer Leader

960

1,079

1,366

SADD

960

1,079

1,366

Literary Writing

960

1,079

1,366

Culture Club

960

1,079

1,366

Tolerance-Acceptance-Diversity (TAD)

960

1,079

1,366

It is agreed that the parties will update the current list of extracurricular activities by May 1 of each year and that the updated list shall be ratified by both the District Committee and the Federation and that this amendment to the Agreement shall be submitted to the Massachusetts Teacher Contributor Retirement Board to insure that the Bargaining Unit Member receives the appropriate credit for his/her retirement benefits. Please note: Any extracurricular position not listed above will not be counted towards your Massachusetts Teacher's State Retirement. The parties agree that a joint committee shall be formed to review advisor compensation and make recommendations to the parties

 

- 51 -


APPENDIX F: EXTRACURRICULAR SALARIES (TEACHERS: PER DIEM)


 


 

FY 16 PER DIEM      1.03

STEP

LEVEL I

LEVEL II

LEVEL III

LEVEL IV

1

$236.43

$255.71

$275.07

$284.75

2

$251.88

$271.14

$290.59

$300.31

3

$268.34

$287.57

$306.77

$316.36

4

$284.81

$304.00

$323.10

$332.65

5

$301.32

$320.41

$339.38

$348.87

6

$317.82

$336.82

$355.78

$365.26

7

$334.33

$353.25

$372.38

$381.96

8

$350.86

$369.65

$388.28

$397.60

9

$367.37

$386.16

$404.78

$414.10

10

$383.88

$402.46

$421.10

$430.43

11

$400.38

$418.92

$437.44

$446.70

12

$415.06

$435.94

$452.12

$461.38

 

 

FY18 PER DIEM                   1.0275

STEP

LEVEL I

LEVEL II

LEVEL III

LEVEL

1

$249.62

$269.97

$290.41

$300.(

2

$265.93

$286.26

$306.79

$317.(

3

$283.30

$303.60

$323.87

$334.0

4

$300.69

$320.95

$341.12

$351.

5

$318.12

$338.27

$358.30

$368.3

6

$335.54

$355.60

$375.62

$385.(

7

$352.97

$372.94

$393.15

$403.2

8

$370.42

$390.27

$409.93

$419."

9

$387.85

$407.69

$427.35

$437.

10

$405.29

$424.90

$444.58

$454.'

11

$422.70

$442.28

$461.83

$471.6

12

$438.20

$460.24

$477.33

$487.

 


 


FY17 PER DIEM 1.0275

STEP

LEVEL I

LEVEL II

LEVEL III

LEVEL IV

1

$242.94

$262.74

$282.64

$292.58

2

$258.81

$278.60

$298.58

$308.57

3

$275.72

$295.48

$315.20

$325.06

4

$292.64

$312.36

$331.99

$341.79

5

$309.60

$329.22

$348.71

$358.47

6

$326.56

$346.08

$365.56

$375.30

7

$343.52

$362.96

$382.63

$392.47

8

$360.51

$379.82

$398.96

$408.53

9

$377.47

$396.78

$415.91

$425.49

10

$394.44

$413.53

$432.68

$442.27

11

$411.39

$430.44

$449.47

$458.98

12

$426.48

$447.93

$464.55

$474.07

 

 

 

 

 

 

- 52 -

 


APPENDIX G: LEAD TEACHERS, COORDINATORS AND INTRAMURAL SALARY SCHEDULES

 

 

FY2016-FY2018

LEAD TEACHER

$3,448

ADMISSIONS COORDINATOR

$3,879

CO-OP COORDINATOR

$3,879

MEDIA COORDINATOR

$3,879

MUSIC COORDINATOR

$3,879

INTRAMURAL

$1,039

 

            APPENDIX H: OTHER STIPEND POSITIONS

 

POSITION

FY16-FY18 STIPEND

Teacher Mentor

$800

Senior Project Coordinator

$800

Webmaster

$2,000

Assistant Webmaster

$1,000

Technology Team

$800

School Improvement Team

$1,000

TAG Advisor

$500

FIRST Project Leader

$2,000

FIRST Parts Manager

$1,000

FIRST Corporate Liaison

$750

FIRST Media Liaison

$500

FIRST Student Liaison

$500

FIRST Engineering Liaison

$500

VHS Liaison

$1,000

AP Liaison

$1,250

AP Classes

$500

Pre-engineering Liaison

$1,250

 

APPENDIX I: WORKING BEYOND THE NORMAL SCHOOL YEAR

 

Unit A members  whose contracts are extended beyond the normal teacher's contract [one-hundred, eighty-seven (187) days, presently], will be compensated first at a per diem rate. Staff members who are assigned a two-hundred, five (205) day contract will be compensated at ten (10) percent of their base contract for those additional days.

 

Example:         Fiscal Year 2016

                                    Level 1, Step 1$44,213

                                    $236.43 per diem rate

                                    $4,421.00 at ten (10) percent, if contract is extended to 205 days

 

- 53 -


All days over and above the teacher’s contract are with approval, in advance, of the Superintendent-Director.

 

APPENDIX J: PROCEDURAL GUIDELINE

 

1.         Bargaining shall take place between the designated representative of the Committee and the Federation in the Guidance Suite at 8:00 p.m. on dates acceptable to both parties. The meeting may be moved to larger quarters if necessary.

2.         The participants shall have the authority to explore, to negotiate, and to make tentative agreements subject to final ratification by the principal bodies.

3.         Press releases may be issued jointly and simultaneously, if possible, after meetings. There shall be no unilateral press releases.

4.         There shall be free and open exchange of information between the Federation and the Committee.

5.         Facts, opinion proposals and counter proposals relating to collective bargaining will be exchanged freely during the meetings in an effort to reach mutual understanding and agreement. All proposals shall be in writing.

6.         When written agreement is reached on any proposal, said written proposal shall be initialed by the spokesman of both parties to indicate tentative acceptance.

7.         A quorum of two (2) members on each team will be necessary to proceed with discussion.

8.         The purpose of any meeting shall have as its sole goal the negotiation of an agreement between the groups.

9.         Negotiation sessions shall not be regular school committee meetings. All meetings shall be closed meetings.

10.       There shall be a single spokesman for each team but other members or resource people may speak with permission of the respective spokesman.

11.       A negotiating meeting shall not be adjourned until the next meeting night is decided upon.

12.       Both parties will honor the right of the other to adjourn the meeting.

13.       In matters concerning the budget, the goal shall be to complete negotiations at least two (2) weeks before the budget must, by regional contract, be submitted to the member communities.

14.       The confidentiality of all proposals will be respected.

 

 

 

 

 

 

 

 

 

 

 

 

- 54 -


 

APPENDIX K: FY16 HEALTH INSURANCE BENEFIT SCHEDULE

 

 

 

 

 

 

 

 

 

 

- 55 -


 

 

 

 

 

 

- 56 -


- 57 -


APPENDIX L: Evaluation Tool

 

Table of Contents

 

(1)           Purpose of Educator Evaluation

(2)           Definitions

(3)           Evidence Used in Evaluation

(4)           Rubric

(5)           Evaluation Cycle: Training

(6)           Evaluation Cycle: Annual Orientation

(7)           Evaluation Cycle: Self-Assessment

(8)           Evaluation Cycle: Goal Setting and Educator Plan Development

(9)           Evaluation Cycle: Observation of Practice and Examination of Artifacts-Educators without PTS

(10)         Evaluation Cycle: Observation of Practice and Examination of Artifacts-Educators with PTS

(11)         Observations

(12)         Evaluation Cycle: Formative Assessment

(13)         Evaluation Cycle: Formative Evaluation for Two-Year Self-Directed Plans Only

(14)         Evaluation Cycle: Summative Evaluation

(15)         Educator Plans: General

(16)         Educator Plans: Developing Educator Plan

(17)         Educator Plans: Self-Directed Growth Plan

(18)         Educator Plans: Directed Growth Plan

(19)         Educator Plans: Improvement Plan

(20)         Timelines

(21)         Career Advancement

(22)         Rating Impact on Student Learning Growth

(23)         Using Student feedback in Educator Evaluation

(24)         Using Staff feedback in Educator Evaluation

(25)         Transition from Existing Evaluation System

(26)         General Provisions

- 58 -


1)            Purpose of Educator Evaluation

A)            This contract language is locally negotiated and based on M.G.L., c.71, § 38; M.G.L. c.150E; the Educator Evaluation regulations, 603 CMR 35.00 et seq.; and the Model System for Educator Evaluation developed and which may be updated from time to time by the Department of Elementary and Secondary Education. See 603 CMR 35.02 (definition of model system). In the event of a conflict between this collective bargaining agreement and the governing laws and regulations, the laws and regulations will prevail.

B)            The regulatory purposes of evaluation are:

i)              To promote student learning, growth, and achievement by providing Educators with feedback for improvement, enhanced opportunities for professional growth, and clear structures for accountability, 603 CMR 35.01(2)(a);

 

ii)             To provide a record of facts and assessments for personnel decisions, 35.01(2)(b);

 

iii)            To ensure that every school committee has a system to enhance the professionalism and accountability of teachers and administrators that will enable them to assist all students to perform at high levels, 35.01(3); and

 

iv)           To assure effective teaching and administrative leadership, 35.01(3).

 

2)         Definitions (" indicates definition is generally based on 603 CMR 35.02)

A)            "Artifacts of Professional Practice: Products of an Educator's work and student work samples that demonstrate the Educator's knowledge and skills with respect to specific performance standards.

B)            Caseload Educator: Educators who teach or counsel individual or small groups of students through consultation with the regular classroom teacher, for example, school nurses, guidance counselors, speech and language pathologists, and some reading specialists and special education teachers.

C)            Classroom teacher: Educators who teach preK-12 whole classes, academic and vocational teachers, and teachers of special subjects as such as art, music, library, and physical education. May also include special education teachers and reading specialists who teach whole classes.

D)            Categories of Evidence: Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice, including unannounced observations of practice of any duration; and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03).

E)            "District-determined Measures: Measures of student learning, growth and achievement related to the Massachusetts Curriculum Frameworks, Massachusetts Vocational Technical Education Frameworks, or other relevant frameworks, that are comparable across grade or subject level district-wide. These measures may include, but shall not be limited to: portfolios approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects.

 

2



F)         *Educator(s): Inclusive term that applies to all classroom teachers and caseload educators, unless otherwise noted.

G)        *Educator Plan: The growth or improvement actions identified as part of each Educator's evaluation. The type of plan is determined by the Educator's career stage, overall performance rating, and the rating of impact on student learning, growth and achievement. There shall be four types of Educator Plans:

i)          Developing Educator Plan shall mean a plan developed by the Educator and the Evaluator for one school year or less for an Educator without Professional Teacher Status (PTS), or, at the discretion of an Evaluator, for an Educator with PTS in a new assignment.

 

ii)         Self-Directed Growth Plan shall mean a plan developed by the Educator for one or two school years for Educators with PTS who are rated proficient or exemplary.

 

iii)        Directed Growth Plan shall mean a plan developed by the Educator and the Evaluator of one school year or less for Educators with PTS who are rated needs improvement.

 

iv)        Improvement Plan shall mean a plan developed by the Evaluator of at least 30 school days and no more than one school year [187 school days] for Educators with PTS who are rated unsatisfactory with goals specific to improving the Educator's unsatisfactory performance. In those cases where an Educator is rated unsatisfactory near the close of a school year, the plan may recommend activities during the summer preceding the next school year. If an Improvement Plan is implemented in the middle of a school year, it may also extend into a subsequent school year for up to the equivalent of one full school year [187 school days].

H)        *ESE: The Massachusetts Department of Elementary and Secondary Education.

I)          *Evaluation-The ongoing process of defining goals and identifying, gathering, and using information as part of a process to improve professional performance (the "formative evaluation" and "formative assessment") and to assess total job effectiveness and make personnel decisions (the "summative evaluation").

J)         *Evaluator: Any person designated by a superintendent who has primary or supervisory responsibility for observation and evaluation. The superintendent is responsible for ensuring that all Evaluators have training in the principles of supervision and evaluation. Each Educator will have one primary Evaluator at any one time responsible for determining performance ratings.

i)          Primary Evaluator shall be the person who determines the Educator's performance ratings and evaluation.

 

ii)         Supervising Evaluator shall be the person responsible for developing the Educator Plan, supervising the Educator's progress through formative assessments, evaluating the Educator's progress toward attaining the Educator Plan goals, and making recommendations about the evaluation ratings to the

3


 

            primary Evaluator at the end of the Educator Plan. The Supervising Evaluator may be the primary Evaluator or his/her designee.

 

iii)        Teaching Staff Assigned to More Than One Building: Each Educator who is assigned to more than one building will be evaluated by the approprate administrator where the individual is assigned most of the time. The principal of each building in which the Educator serves must review and sign the evaluation, and may add written comments. In cases where there is no predominate assignment, the superintendent will determine who the primary evaluator will be.

 

iv)        Notification: The Educator shall be notified in writing of his/her primary Evaluator and supervising Evaluator, if any, at the outset of each new evaluation cycle. The Evaluator(s) may be changed upon notification in writing to the Educator.

K)        Evaluation Cycle: A five-component process that all Educators follow consisting of 1) Self-Assessment; 2) Goal-setting and Educator Plan development; 3) Implementation of the Plan; 4) Formative Assessment/Evaluation; and 5) Summative Evaluation.

L)         *Experienced Educator: An educator with Professional Teacher Status (PTS).

M)          *Family: Includes students' parents, legal guardians, foster parents, or primary caregivers.

N)          Formative Assessment: The process used to assess progress towards attaining goals set forth in Educator plans, performance on standards, or both. This process may take place at any time(s) during the cycle of evaluation, but typically takes place at mid-cycle.

0)            *Formative Evaluation: An evaluation conducted at the end of Year 1 for an Educator on a 2-year Self-Directed Growth plan which is used to arrive at a rating on progress towards attaining the goals set forth in the Educator Plan, performance on Standards and Indicators of Effective Teaching Pract1ce, or both.

P)            *Goal:A specific, actionable, and measurable area of improvement as set forth in an Educator's plan. A goal may pertain to any or all of the following: Educator practice in relation to Performance Standards, Educator practice in relation to indicators, or specified improvement in student learning, growth and achievement. Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators who have the same role.

Q)           *Measurable: That which can be classified or estimated in relation to a scale, rubric, or standards.

R)           Multipe Measures of Student Learning: Measures must include a combination of classroom, school and district assessments, student growth percentiles on state assessments, if state assessments are available, and student MEPA gain scores. This definition may be revised as required by regulations or agreement of the parties upon issuance of ESE guidance expected by July 2012.

 

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S)         *Observation: A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of any duration by the Evaluator and may include examination of artifacts of practice including student work. An observation may occur in person or through video. Video observations will be done openly and with knowledge of the Educator. The parties agree to bargain the protocols of video observations should either party wish to adopt such practice. Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator. Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator. Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article.

T)         Parties: The parties to this agreement are the local school committee and the employee organization that represents the Educators covered by this agreement for purposes of collective bargaining ("Employee Organization/Association").

U)        *Performance Rating: Describes the Educator's performance on each performance standard and overall. There shall be four performance ratings:

Exemplary: the Educator's performance consistently and significantly exceeds the requirements of a standard or overall. The rating of exemplary on a standard indicates that practice significantly exceeds proficient and could serve as a model of practice on that standard district-wide.

Proficient: the Educator's performance fully and consistently meets the requirements of a standard or overall. Proficient practice is understood to be fully satisfactory.

Needs Improvement: the Educator's performance on a standard or overall is below the requirements of a standard or overall, but is not considered to be unsatisfactory at this time. Improvement is necessary and expected.

Unsatisfactory: the Educator's performance on a standard or overall has not significantly improved following a rating of needs improvement, or the Educator's performance is consistently below the requirements of a standard or overall and is considered inadequate, or both.

V)        *Performance Standards: Locally developed standards and indicators pursuant to M.GL c. 71, § 38 and consistent with, and supplemental to 603 CMR 35 00. The parties may agree to limit standards and indicators to those set forth in 603 CMR 35.03.

W)       *Professional Teacher Status: PTS is the status granted to an Educator pursuant to M.G.L c. 71, § 41.

X)        Rating of Educator Impact on Student Learning. A rating of high, moderate or low based on trends and patterns on state assessments and district-determined measures. The parties will negotiate the process for using state and district-determined measures to arrive at an Educator's rating of impact on student learning, growth and achievement, using guidance and model contract language from ESE, expected by July 2012.

 

 

 

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Y)        Rating of Overall Educator Performance: The Educator's overall performance rating is based on the Evaluator's professional judgment and examination of evidence of the Educator's performance against the four Performance Standards and the Educator's attainment of goals set forth in the Educator Plan, as follows:

i)          Standard 1: Curriculum, Planning and Assessment

ii)         Standard 2: Teaching All Students

iii)        Standard 3: Family and Community Engagement

iv)        Standard 4: ProfessionalCulture

v)         Attainment of Professional Practice Goal(s)

vi)        Attainment of Student Learning Goal(s)

 

Z)        *Rubric: A scoring tool that describes characteristics of practice or artifacts at different levels of performance. The rubrics for Standards and Indicators of Effective Teaching Practice are used to rate Educators on Performance Standards, these rubrics consists of:

i)          Standards: Describes broad categories of professional practice, including those required in 603 CMR 35.03

ii)         Indicators: Describes aspects of each standard, including those required in 603 CMR 35.03

iii)        Elements: Defines the individual components under each indicator

iv)        Descriptors: Describes practice at four levels of performance for each element

 

AA)     *Summative Evaluation: An evaluation used to arrive at a rating on each standard, an overall rating, and as a basis to make personnel decisions. The summative evaluation includes the Evaluator's judgments of the Educator's performance against Performance Standards and the Educator's atta1nment of goals set forth in the Educator's Plan.

 

BB)     *Superintendent: The person employed by the school committee pursuant to M.G.L. c. 71 §59 and §59A. The superintendent is responsible for the implementation of 603 CMR 35.00.

 

CC)     Teacher: An Educator employed in a position requiring a certificate or license as described in 603 CMR 7.04(3)(a, b, and d) and in the area of vocational education as provided in 603 CMR 4.00. Teachers may include, for example, classroom teachers, librarians, guidance counselors, or school nurses.

 

DO)     *Trends in student learning: At least two years of data from the district-determined

measures and state assessments used in determining the Educator's rating on impact on student learning as high, moderate or low.

 

 

 

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3)         Evidence Used In Evaluation

The following categories of evidence shall be used in evaluating each Educator:

 

A)        Multiple measures of student learning, growth, and achievement, which may include one or more of the following:

 

i)          Measures of student progress on classroom assessments that are aligned with the Massachusetts Curriculum Frameworks or other relevant frameworks and are comparable within grades or subjects in a school;

ii)         At least two district-determined measures of student learning related to the Massachusetts Curri culum Frameworks or the Massachusetts Vocational Technical Education Frameworks or other relevant frameworks that are comparable across grades and/or subjects district-wide. These measures may include: portfolios, approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects. One such measure shall be the MCAS Student Growth Percentile (SGP) or Massachusetts English Proficiency Assessment gain scores, if applicable, in which case at least two years of data is required.

iii)        Measures of student progress and/or achievement toward student learning goals set between the Educator and Evaluator for the school year or some other period of time established in the Educator Plan.

iv)        For Educators whose primary role is not as a classroom teacher, the appropriate measures of the Educator's contribution to student learning, growth, and achievement set by the district. The measures set by the district should be based on the Educator's role and responsibility.

 

B)        Judgments based on observations and artifacts of practice including:

 

i)          Unannounced observations of practice of any duration.

 

ii)         Announced observation(s) for non-PTS Educators in their first year of practice in a school, Educators on Improvement Plans, and as determined by the Evaluator

 

iii)        Examination of Educator work products.

 

iv)        Examination of student work samples.

 

 

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C)        Evidence relevant to one or more Performance Standards, including but not limited to:

 

i)          Evidence compiled and presented by the Educator, including :

 

(a)        Evidence of fulfillment of professional responsibilities and growth such as self-assessments. peer collaboration, professional development linked to goals in the Educator plans, contributions to the school community and professional culture;

 

(b)        Evidence of active outreach to and engagement with families;

 

ii)         Evidence of progress towards professional practice goal(s);

 

iii)        Evidence of progress toward student learning outcomes goal(s).

 

iv)        Student and Staff Feedback-see# 23-24, below; and

 

v)         Any other relevant evidence from any source that the Evaluator shares with the Educator. Other relevant evidence could include information provided by other administrators such as the superintendent.

 

4)         Rubric

 

The rubrics are a scoring tool used for the Educator's self-assessment. the formative assessment, the formative evaluation and the summative evaluation. The districts may use either the rubrics provided by ESE or comparably rigorous and comprehensive rubrics developed or adopted by the district and reviewed by ESE.

 

5)         Evaluation Cycle: Training

 

A)        Prior to the implementation of the new evaluation process contained 1n this article, districts shall arrange training for all Educators, principals, and other evaluators that outlines the components of the new evaluation process and provides an explanation of the evaluation cycle. The district through the superintendent shall determine the type and quality of training based on guidance provided by ESE.

 

B)        By November 1st of the first year of this agreement, all Educators shall complete a professional learning activity about self-assessment and goal-setting satisfactory to the superintendent or principal. Any Educator hired after the November 151 date, and who has not previously completed such an activity, shall complete such a professional learning activity about self-assessment and goal-setting within three months of the date of hire. The district through the superintendent shall determine the type and quality of the learning activity based on guidance provided by ESE.

 

 

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6)         Evaluation Cycle: Annual Orientation

 

A)        At the start of each school year, the superintendent, principal or designee shall conduct a meeting for Educators and Evaluators focused substantially on educator evaluation. The superintendent, principal or designee shall:

 

i)          Provide an overview of the evaluation process, including goal setting and the educator plans.

ii)         Provide all Educators with directions for obtaining a copy of the forms used by the district. These may be electronically provided.

iii)        The faculty meeting may be recorded to facilitate orientation of Educators hired after the beginning of the school year.

 

7)         Evaluation Cycle: Self-Assessment

 

A)        Completing the Self-Assessment

i)          The evaluation cycle begins with the Educator completing and submitting to the Primary or Supervising Evaluator a self-assessment by October 1st or within four weeks of the start of their employment at the school.

ii)         The self-assessment includes:

(a)        An analysis of evidence of student learning, growth and achievement for students under the Educator's responsibility.

(b)        An assessment of practice against each of the four Performance Standards of effective practice using the district's rubric.

(c)        Proposed goals to pursue:

(1st)     At least one goal directly related to improving the Educator's own professional practice.

(2nd)   At least one goal directed related to improving student learning.

 

B)        Proposing the goals

i)          Educators must consider goals for grade-level, subject-area, department teams, or other groups of Educators who share responsibility for student learning and results, except as provided in (ii) below. Educators may meet with teams to consider establishing team goals. Evaluators may participate in such meetings.

ii)         For Educators in their first year of practice, the Evaluator or his/her designee will meet with each Educator by October 1st (or within four weeks of the Educator's first day of employment if the Educator begins employment after September 15ii) to assist the Educator in completing the self-assessment and drafting the professional practice and student learning goals which must include induction and mentoring activities.

 

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iii)        Unless the Evaluator indicates that an Educator in his/her second or third years of practice should continue to address induction and mentoring goals pursuant to 603 CMR 7.12, the Educator may address shared grade level or subject area team goals.

iv)        For Educators with PTS and ratings of proficient or exemplary, the goals may be team goals. In addition, these Educators may include individual professional practice goals that address enhancing skills that enable the Educator to share proficient practices with colleagues or develop leadership skills.

v)         For Educators with PTS and ratings of needs improvement or unsatisfactory, the professional practice goal(s) must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject area team goals.

 

8)         Evaluation Cycle:Goal Setting and Development of the Educator Plan

 

A)        Every Educator has an Educator Plan that includes, but is not limited to, one goal related to the improvement of practice; one goal for the improvement of student learning. The Plan also outlines actions the Educator must take to attain the goals established in the Plan and benchmarks to assess progress. Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators who have the similar roles and/or responsibilities. See Sections 15-19 for more on Educator Plans.

 

B)        To determine the goals to be included in the Educator Plan, the Evaluator reviews the goals the Educator has proposed in the Self-Assessment, using evidence of Educator performance and impact on student learning, growth and achievement based on the Educator's self-assessment and other sources that Evaluator shares with the Educator. The process for determining the Educator's impact on student learning, growth and achievement will be determined after ESE issues guidance on this matter See #22, below.

 

C)        Educator Plan Development Meetings shall be conducted as follows:

 

i)          Educators in the same school may meet with the Evaluator in teams and/or individually at the end of the previous evaluation cycle or by October 15th of the next academic year to develop their Educator Plan. Educators shall not be expected to meet during the summer hiatus.

ii)         For those Educators new to the school, the meeting with the Evaluator to establish the Educator Plan must occur by October 151 or within six weeks of the start of their assignment in that school

iii)        The Evaluator shall meet individually with Educators with PTS and ratings of needs improvement or unsatisfactory to develop professional practice goal(s) that must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject matter goals.

 

D)        The Evaluator completes the Educator Plan by November 1st. The Educator shall sign the Educator Plan within 5 school days of its receipt and may include a written response.

 

 

 

 

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            The Educator's signature indicates that the Educator received the plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents. The Evaluator retains final authority over the content of the Educator's Plan.

 

9)         Evaluation Cycle: Observation of Practice and Examination of Artifacts -Educators without PTS

 

A)        In the first full year of teaching in the District under contract:

 

i)          The Educator shall have at least one announced observation during the school year using the protocol described in section 11B, below.

ii)         The Educator shall have at least four unannounced observations during the school year.

B)        In their second and third years of teaching in the District:

 

i)          The Educator shall have at least three unannounced observations during the school year.

10)       Evaluation Cycle: Observation of Practice and Examination of Artifacts - Educators with PTS

 

A)        The Educator whose overall rating is proficient or exemplary must have at least one unannounced observation during the evaluation cycle.

B)        The Educator whose overall rating is needs improvement must be observed according to the Directed Growth Plan during the period of Plan which must include at least two unannounced observations.

C)        The Educator whose overall rating is unsatisfactory must be observed as required by the Improvement Plan which may include both unannounced and announced observation. The number and frequency of the observations shall be determined by the Evaluator. Observations shall be required as part of the plan if the unsatisfactory rating is based upon classroom performance.

 

11)       Observations

 

The Evaluator's first observation of the Educator should take place by November 15. Observations required by the Educator Plan should be completed by May 31st. The Evaluator may conduct additional observations after this date.

 

The Evaluator is neither required nor expected to review all the indicators in a rubric during an observation.

 

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A)        Unannounced Observations

 

i)          Unannounced observations may be in the form of partial or full-period classroom visitations, Instructional Rounds, Walkthroughs, Learning Walks, or any other means deemed useful by the Evaluator, principal, superintendent or other administrator.

ii)         Barring extenuating circumstances, the Educator will be provided with at least brief written feedback from the Evaluator within 3-5 school days of the observation. The written feedback shall be delivered to the Educator either in person, by email, placed in the Educator's mailbox or mailed to the Educator's home.

iii)        Any observation or series of observations resulting in one or more standards judged to be unsatisfactory or needs improvement for the first time must be followed by at least one observation of at least 30 minutes in duration within 30 school days.

 

B)        Announced Observations

 

i)          All non-PTS Educators in their first year in the school, PTS Educators on Improvement Plans and other educators at the discretion of the evaluator shall have at least one Announced Observation.

 

(a)        The Evaluator shall select the date and time of the lesson or activity to be observed and discuss with the Educator any specific goal(s) for the observation.

(b)        At a mutually agreed time and prior to the scheduled observation, or upon request of either the Evaluator or Educator, the Evaluator and Educator shall meet for a pre-observation conference.

 

(1st)     The Educator shall provide the Evaluator a draft of the lesson, student conference, IEP plan or activity. If the actual plan is different, the Educator will provide the Evaluator with a copy prior to the observation.

(2nd)   The Educator will be notified as soon as possible if the Evaluator will not be able to attend the scheduled observation. The observation will be rescheduled with the Educator as soon as reasonably practical.

 

 

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(c)        Within 10 school days of the observation, the Evaluator and Educator may meet for a post-observation conference, or as requested by the educator. This timeframe may be extended due to unavailability on the part of either the Evaluator or the Educator, but shall be rescheduled within two school days, if possible.

 

(d)       The Evaluator shall provide the Educator with written feedback within 10 school days of the post-observation conference, if one is held. This timeframe may be extended at the request of the Evaluator and Educator. For any standard where the Educator's practice was found to be unsatisfactory or needs improvement, the feedback must:

 

(1st)     Describe the basis for the Evaluator's judgment.

(2nd)   Describe actions the Educator should take to improve his/her performance.

(3rd)    Identify support and/or resources the Educator may use in his/her improvement.

(4th)    State that the Educator is responsible for addressing the need for improvement.

 

12)       Evaluation Cycle: Formative Assessment

 

A)        A specific purpose for evaluation is to promote student learning, growth and achievement by providing Educators with feedback for improvement. Evaluators are expected to make unannounced visits to classrooms. Evaluators are expected to give targeted constructive feedback to Educators based on their observations of practice, examination of artifacts, and analysis of multiple measures of student learning, growth and achievement in relation to the Standards and Indicators of Effective Teaching Practice.

B)        Formative Assessment may be ongoing throughout the evaluation cycle but typically takes places mid-cycle when a Formative Assessment report is completed. For an Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative Assessment report is replaced by the Formative Evaluation report at the end of year one. See section 13, below.

C)        The Formative Assessment report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on Performance Standards and overall, or both

D)        No less than two weeks before the due date for the Formative Assessment report, which due date shall be established by the Evaluator with written notice to the Educator, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may provide to the evaluator additional evidence of the educator's performances against the four Performance Standards.

 

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E)        Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Assessment Report.

 

F)         The Evaluator shall complete the Formative Assessment report and provide a copy to the Educator. All Formative Assessment reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator's school mailbox or home.

G)        The Educator may reply in writing to the Formative Assessment report within 5 school days of receiving the report.

H)        The Educator shall sign the Formative Assessment report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Assessment report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)         As a result of the Formative Assessment Report, the Evaluator may change the activities in the Educator Plan.

J)         If the rating in the Formative Assessment report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.

 

13)       Evaluation Cycle: Formative Evaluation for Two Year Self-Directed Plans Only

 

A)        Educators on two year Self-Directed Growth Educator Plans receive a Formative Evaluation report near the end of the first year of the two year cycle. The Educator's performance rating for that year shall be assumed to be the same as the previous summative rating unless evidence demonstrates a significant change in performance in which case the rating on the performance standards may change, and the Evaluator may place the Educator on a different Educator plan, appropriate to the new rating.

B)        The Formative Evaluation report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on each performance standard and overall, or both.

C)        No less than two weeks before the due date for the Formative Evaluation report, which due date shall be established by the Evaluator with written notice provided to the Educator, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator's performance against the four Performance Standards.

D)        The Evaluator shall complete the Formative Evaluation report and provide a copy to the Educator. All Formative Evaluation reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator's school mailbox or home.

E)        Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Evaluation Report.

 

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F)         The Educator may reply in writing to the Formative Evaluation report within 5 school days of receiving the report.

G)        The Educator shall sign the Formative Evaluation report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

H)        As a result of the Formative Evaluation report, the Evaluator may change the activities in the Educator Plan.

I)         If the rating in the Formative Evaluation report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.

 

14)       Evaluation Cycle: Summative Evaluation

 

A)        The evaluation cycle concludes with a summative evaluation report. For Educators on a one or two year Educator Plan, the summative report must be written and provided to the educator by June 1st.

B)        The Evaluator determines a rating on each standard and an overall rating based on the Evaluator's professional judgment, an examination of evidence against the Performance Standards and evidence of the attainment of the Educator Plan goals.

C)        The professional judgment of the primary evaluator shall determine the overall summative rating that the Educator receives.

D)        For an educator whose overall performance rating is exemplary or proficient and whose impact on student learning is low, the evaluator's supervisor shall discuss and review the rating with the evaluator and the supervisor shall confirm or revise the educator's rating. In cases where the superintendent serves as the primary evaluator, the superintendent's decision on the rating shall not be subject to review.

E)        The summative evaluation rating must be based on evidence from multiple categories of evidence. MCAS Growth scores shall not be the sole basis for a summative evaluation rating.

F)         To be rated proficient overall, the Educator shall, at a minimum, have been rated proficient on the Curriculum, Plann1ng and Assessment and the Teaching All Students Standards of Effective Teaching Practice.

G)        No less than four weeks before the due date for the Summative Evaluation report, which due date shall be established by the Evaluator with written notice provided to the Educator, the Educator will provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator's performance against the four Performance Standards.

 

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H)        The Summative Evaluation report should recognize areas of strength as well as identify recommendations for professional growth.

I)         The Evaluator shall deliver a signed copy of the Summative Evaluation report to the Educator face-to-face, by email or to the Educator's school mailbox or home no later than June 151.

J)         The Evaluator shall meet with the Educator rated needs improvement or unsatisfactory to discuss the summative evaluation. The meeting shall occur by June10th.

K)        The Evaluator may meet with the Educator rated proficient or exemplary to discuss the summative evaluation, if either the Educator or the Evaluator requests such a meeting. The meeting shall occur by June 1Oth.

L)        Upon mutual agreement, the Educator and the Evaluator may develop the Self-Directed Growth Plan for the following two years during the meeting on the Summative Evaluation report.

M)       The Educator shall sign the final Summative Evaluation report by June 15th. The signature indicates that the Educator received the Summative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

N)        The Educator shall have the right to respond in writing, within ten school days, to the summative evaluation which shall become part of the final Summative Evaluation report.

O)        A copy of the signed final Summative Evaluation report shall be filed in the Educator's personnel file.

 

15)       Educator Plans-General

A)        Educator Plans shall be designed to provide Educators with feedback for improvement, professional growth, and leadership; and to ensure Educator effectiveness and overall system accountability. The Plan must be aligned to the standards and indicators and be consistent with district and school goals.

B)        The Educator Plan shall include, but is not limited to.

i)          At least one goal related to improvement of practice tied to one or more Performance Standards;

ii)         At least one goal for the improvement the learning, growth and achievement of the students under the Educator's responsibility;

iii)        An outline of actions the Educator must take to attain the goals and benchmarks to assess progress. Actions must include specified professional development and learning activities that the Educator will participate in as a means of obtaining the goals, as well as other support that may be suggested by the Evaluator or provided by the school or district. Examples may include but are not limited to

 

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            coursework, self-study, action research, curriculum development, study groups with peers, and implementing new programs.

 

C)        It is the Educator's responsibility to attain the goals in the Plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan.

 

16)       Educator Plans: Developing Educator Plan

 

A)        The Developing Educator Plan is for all Educators without PTS, and, at the discretion of the Evaluator, Educators with PTS in new assignments.

B)        The Educator shall be evaluated at least annually.

 

17)       Educator Plans: Self-Directed Growth Plan

 

A)        A Two-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is moderate or high. A formative evaluation report is completed at the end of year 1 and a summative evaluation report at the end of year 2.

 

B)        A One-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is low. In this case, the Evaluator and Educator shall analyze the discrepancy between the summative evaluation rating and the rating for impact on student learning to seek to determine the cause(s) of the discrepancy.

 

18)       Educator Plans: Directed Growth Plan

 

A)        A Directed Growth Plan is for those Educators w1th PTS whose overall rating is needs improvement.

B)        The goals in the Plan must address areas identified as needing improvement as determined by the Evaluator.

C)        Evaluator shall complete a summative evaluation for the Educator at the end of the period determined by the Plan, but at least annually, and in no case later than June 10th.

D)        For  an Educator on a Directed Growth Plan whose overall performance rating is at least proficient, the Evaluator will place the Educator on a Self-Directed Growth Plan for the next Evaluation Cycle.

E)        For  an Educator on a Directed Growth Plan whose overall performance rating is not at least proficient, the Evaluator will rate the Educator as unsatisfactory and will place the Educator on an Improvement Plan for the next Evaluation Cycle.

 

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19)       Educator Plans: Improvement Plan

 

A)        An Improvement Plan is for those Educators with PTS whose overall rating is unsatisfactory.

B)        The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of no fewer than 30 school days and no more than 187 school days. In the case of an Educator receiving a rating of unsatisfactory near the close of one school year. the Improvement Plan may recommend activities that occur during the summer before the next school year begins or may be extended into a subsequent school year. If an educator has not made sufficient progress during an Improvement Plan of less than 187 days, then the Evaluator may extend the Improvement Plan period as defined in section 2G iv.

C)        The Evaluator must complete a summative evaluation for the Educator at the end of the period determined by the Evaluator for the Plan.

D)        An Educator on an Improvement Plan shall be assigned a Supervising Evaluator (see definitions) The Supervising Evaluator is responsible for providing the Educator with gu1dance and assistance in accessing the resources and professional development outlined in the Improvement Plan. The primary evaluator may be the Supervising Evaluator.

E)        The Improvement Plan shall define the problem(s) of practice identified through the observations and evaluation and detail the improvement goals to be met. the activities the Educator must take to improve and the assistance to be provided to the Educator by the district.

F)         The Improvement Plan process shall include:

 

i)          Within ten school days of notification to the Educator that the Educator is being placed on an Improvement Plan, the Evaluator shall schedule a meeting with the Educator to discuss the Improvement Plan. The Evaluator will develop the Improvement Plan, which will include the provision of specific assistance to the Educator.

ii)         The Educator may request that a representative of the Employee Organization/Association attend the meeting(s).

iii)        If the Educator consents, the Employee Organization/Association will be informed that an Educator has been placed on an Improvement Plan.

 

G)        The Improvement Plan shall:

i)          Define the improvement goals directly related to the performance standard(s) and/or student learning outcomes that must be improved;

ii)         Describe the activities and work products the Educator must complete as a means of improving performance;

iii)        Describe the assistance that the district will make available to the Educator;

 

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iv)        Articulate the measurable outcomes that will be accepted as evidence of improvement;

v)         Detail the timeline for completion of each component of the Plan, including at a minimum a mid-cycle formative assessment report of the relevant standard(s) and indicator(s);

vi)        Identify the individuals assigned to assist the Educator which must include minimally the Supervising Evaluator; and,

vii)       Include the signatures of the Educator and Supervising Evaluator.

 

H)        A copy of the signed Plan shall be provided to the Educator. The Educator's signature indicates that the Educator received the Improvement Plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

 

I)         Decision on the Educator's status at the conclusion of the Improvement Plan.

 

i)          All determinations below must be made no later than June 1. One of three decisions must be made at the conclusion of the Improvement Plan:

 

(a)        If the Evaluator determines that the Educator has improved his/her practice to the level of proficiency, the Educator will be placed on a Self-Directed Growth Plan.

 

(b)        In those cases where the Educator was placed on an Improvement Plan as a result of his/her summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is making substantial progress toward proficiency, the Evaluator shall place the Educator on a Directed Growth Plan.

 

(c)        In those cases where the Educator was placed on an Improvement Plan as a result of h1s/her Summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is not making substantial progress toward proficiency, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

 

(d)       If the Evaluator determines that the Educator's practice remains at the level of unsatisfactory, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

 

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20. Timelines (Dates in italics are provided as guidance)

Activity:

Completed By:

Superintendent, principal or designee meets with evaluators and educators to explain evaluation process

September 15

Evaluator meets with first-year educators to assist in self-assessment and goal setting process

Educator submits self-assessment and proposed goals

October 1

Evaluator meets with Educators in teams or individually to establish Educator Plans (Educator Plan may be established at Summative Evaluation Report meeting in prior school year)

October 15

Evaluator completes Educator Plans

November 1

Evaluator should complete first observation of each Educator

November 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

*or four weeks before Formative Assessment Report date established by Evaluator

January 5*

Evaluator should complete mid-cycle Formative Assessment Reports for Educators on one-year Educator Plans

February 1

Evaluator holds Formative Assessment Meetings if requested by either Evaluator or Educator

February 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

*or 4 weeks prior to Summative Evaluation Report date established by evaluator

April/20*

Evaluator completes Summative Evaluation Report

June 1

Evaluator meets with Educators whose overall Summative Evaluation ratings are Needs Improvement or Unsatisfactory

June 10

Evaluator meets with Educators whose ratings are proficient or exemplary at request of Evaluator or Educator

June 10

Educator signs Summative Evaluation Report and adds response, if any within 10 school days of receipt

June 20

 

 

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            A)        Educators with PTS on Two Year Plans

 

Activity:

Completed By:

Evaluator completes unannounced observation(s)

Any time during the 2-year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

Evaluator completes Summat1ve Evaluation Report

June 1 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 10 of Year 2

Evaluator and Educator sign Summative Evaluation Report

June 15 of Year 2

 

 

B)        Educators on Plans of Less than One Year

 

i)          The timeline for educators on Plans of less than one year will be established in the Educator Plan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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21.       Career Advancement

 

A)        In order to attain Professional Teacher Status, the Educator should achieve ratings of proficient or exemplary on each Performance Standard and overall. A principal considering making an employment decision that would lead to PTS for any Educator who has not been rated proficient or exemplary on each performance standard and overall on the most recent evaluation shall confer with the superintendent by May 1. The principal's decision is subject to review and approval by the superintendent.

 

B)        In order to qualify to apply for a teacher leader position, the Educator must have had a Summative Evaluation performance rating of proficient or exemplary for at least the previous two years.

 

C)        Educators with PTS whose summative performance rating is exemplary and, after 2013­14 whose impact on student learning is rated moderate or high, shall be recognized and rewarded with leadership roles, promotions, additional compensation, public commendation or other acknowledgement as determined by the district through collective bargaining where applicable.

 

22.       Rating Impact on Student Learning Growth

 

ESE will provide model contract language and guidance on rating educator impact on student learning growth based on state and district-determined measures of student learning by July 15, 2012. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter.

 

23.       Using Student feedback in Educator Evaluation

 

ESE will provide model contract language, direction and guidance on using student feedback in Educator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter.

 

24.       Using Staff feedback in Educator Evaluation

 

ESE will provide model contract language, direction and guidance on using staff feedback in Administrator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter

 

25.       General Provisions

 

A)        Only Educators who are licensed may serve as primary evaluators of Educators.

B)        Evaluators shall not make negative comments about the Educator's performance, or comments of a negative evaluative nature, in the presence of students, parents or other staff, except in the unusual circumstance where the Evaluator concludes that s/he must immediately and directly intervene. Nothing in this paragraph is intended to limit an

 

 

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            administrator's ability to investigate a complaint, or secure assistance to support an Educator.

C)        The superintendent shall insure that Evaluators have training in supervision and evaluation, including the regulations and standards and indicators of effective teaching practice promulgated by ESE (35.03), and the evaluation Standards and Procedures established in this Agreement

D)        Should there be a serious disagreement between the Educator and the Evaluator regarding an overall summative performance rating of unsatisfactory, the Educator may meet with the Evaluator's supervisor to discuss the disagreement. Should the Educator request such a meeting, the Evaluator's supervisor must meet with the Educator. The Evaluator may attend any such meeting at the discretion of the superintendent.

E)        The parties agree to establish a joint labor-management evaluation team which shall review the evaluation processes and procedures annually through the first three years of implementation and recommend adjustments to the parties.

F)         Violations of this article are subject to the grievance and arbitration procedures. The arbitrator shall determine whether there was substantial compliance with the totality of the evaluation process. When the evaluation process results in the termination or non-renewal of an Educator, then no financial remedy or reinstatement shall issue if there was substantial compliance.

 

 

 

 

 

 

 

 

 

 

 

 

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APPENDIX M: COMPILATION OF CONTRACT DEADLINES

 

In the event of a conflict between Appendix M and the main body of the agreement, the provisions of the main agreement shall control.

 

Date

Contract Sec.

Page

Deadline

August 01

Article IV. C. 1.

6

Notification for one sum payment. December 31 - revocation of the same.

August 20

Article IV. D.2.b.

7

Teachers provide verification of records for salary advancement

September 15

Article IV. K

11

Cutoff date for longevity qualification

October 01

Article VI. N. 1

22

Current membership list provided to the Federation

October 01

Article IV. H. 5.

10

District provides Federation listing of new hires and placement on the salary schedule

November 01

Article VI. R.2

24

District provides Federation with personnel directory

March 15

Article VIII. A

34

Request by teachers for department transfers

March 15

Article IV. I. 1.a.

11

Written notification to School Committee by staff for eligible sick leave buy back upon retirement

April 01

Article VII. K. 5

32

Notification to Superintendent of return from leave of absence

April 01

Article IV. D.2.A

7

Notification to Superintendent of intent to complete requirements for salary advancement

May 01

Appendices D & E

50-51

Update the current list of extracurricular activities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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