Hingham

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DistrictHingham
Shared Contract District
Org Code1310000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2014
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyPlymouth
ESE RegionSoutheast
Urban
Kind of Communityresidential suburbs
Number of Schools6
Enrollment4058
Percent Low Income Students4
Grade StartPK or K
Grade End12
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AGREEMENT

BETWEEN

THE HINGHAM SCHOOL COMMITTEE

AND THE HINGHAM EDUCATION ASSOCIATION

2010-2011 2011-2014

 

AGREEMENT

between the

HINGHAM SCHOOL COMMITTEE

and the

HINGHAM EDUCATION ASSOCIATION

2011-2014

This Agreement is made and entered into on this 26th day of September, 2011, by and between the School Committee of the Town of Hingham (hereinafter referred to as the "Committee") and the Hingham Education Association (hereinafter referred to as the "Association") (affiliated with the Massachusetts Teachers Association and the National Education Association).

PREAMBLE

In consummating this Agreement, it has been the intention of the parties to continue their harmonious relations and to define and resolve the legitimate interest of the teachers in rights of compensation and conditions under which they perform their duties, all with a goal of providing quality education for the students enrolled in the Hingham Public Schools.

The parties acknowledge that the Committee has complete authority over, and responsibility for, the policies and administration of the schools which it exercises under laws of the Commonwealth of Massachusetts and regulations established by the Department of Education of the Commonwealth.

The parties affirm and subscribe to the educational goals contained in the mission statement of the Hingham Public Schools.

ARTICLE I RECOGNITION

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

Laws, as the exclusive representative for purposes of collective bargaining with respect to wages, hours, other conditions of employment and such other mandatory subjects of bargaining as required by law of all regular full-time and part-time professional instructional personnel employed by the Town of Hingham in its public schools, consisting of all Classroom Teachers, Specialized Teaching Personnel, Guidance Counselors, Resource Teacher/Coordinator, Psychologist, Adjustment Counselor, Health Coordinator, Librarians/Media Specialists, Title I Teachers and Nurses but excluding the Superintendent of Schools, Assistant Superintendent, Supervisors, Directors, Coordinators, Principals, Assistant Principals, Substitute Teachers other than Permanent Substitute Teachers, Teacher Assistants, and all other employees of the Hingham School System.

1.2                The terms "teacher" and "teachers" as used hereafter in this Agreement refer only to such persons as at the time in question fall within the bargaining unit as defined in this Article. If any provision of this agreement does not apply to nurses, it will be so noted in the appropriate article. In all other cases the term teacher shall include school nurses.

1.3                The term "School District" as used hereafter in this Agreement refers to the Hingham Public School District and shall include the Committee, Superintendent and Principals, and, in any particular instance shall mean the Committee unless Chapter 71 of the General Laws confers authority for the matter on the Superintendent or Principal, in which case it shall mean the Superintendent or Principal, as the case may be.

ARTICLE II COMPLAINT PROCEDURE

2.1          In the interest of resolving complaints as informally and rapidly as possible, teachers

who have complaints or dissatisfactions regarding their employment may utilize this informal complaint procedure. Any such complaint may be presented to the teacher's principal, or, in cases where a teacher is not accountable to a single principal, to the teacher's immediate supervisor in an effort to resolve the complaint. If the complaint is not resolved promptly, it may be presented to the Superintendent for consideration. If the complaint is not resolved to the teacher's satisfaction in this informal procedure and it otherwise qualifies as a grievance as defined in Section 3.2, the teacher may utilize the formal grievance procedure in Article III, provided that the grievance is filed within the time limit set forth in Section 3.4.

ARTICLE III GRIEVANCE PROCEDURE

3.1                The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to grievances. All grievances will be handled as provided in this Article. The parties agree that such procedure shall be kept as informal and confidential as may be appropriate for the procedural level involved. Nothing in this Agreement shall prevent any teacher from individually presenting any grievance without the intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and provided further that the Association may be present at grievance meetings and, if the teacher is agreeable, state its position on the grievance.

3.2                The following definitions shall apply for purposes of this Agreement:

(a)                 A "grievance" shall mean a complaint by a teacher (or, in case of a group grievance, a group of teachers) that as to such teacher (or teachers) the School District has interpreted and applied this Agreement in violation of a specific provision hereof.

(b)                 An "aggrieved teacher" shall mean the teacher or teachers making the complaint.

3.3                Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits specified may be extended only by prior mutual agreement. "Days" as used in this Article and Article IV shall mean calendar days.

3.4                The processing of grievances shall be undertaken in accordance with the following procedure:

PRINCIPAL LEVEL - The aggrieved teacher must first present the grievance in writing to the Principal of the teacher's school, or, in cases where a teacher is not accountable to a single principal, to the teacher's immediate supervisor within twenty (20) days of the day the teacher knew or reasonably should have known of the event or events giving rise to the grievance. Within seven (7) days after receipt of the grievance, the Principal or immediate supervisor or designee and the aggrieved teacher and, if the aggrieved teacher so desires, a representative of the Association, shall meet to discuss the grievance. The Principal or immediate supervisor or designee shall provide a decision in writing within seven (7) days after the conclusion of such meeting.

SUPERINTENDENT LEVEL - If the grievance is not settled at the preceding level, the grievance shall be presented in writing to the Superintendent within seven (7) days of the decision in the preceding level. The Superintendent or his/her designee and the aggrieved teacher and, if the aggrieved teacher so chooses, a representative of the Association, shall meet within seven (7) days after receipt of the written grievance by the Superintendent to discuss the grievance. The Superintendent or his/her designee shall answer in writing within seven (7) days after the conclusion of such meeting.

COMMITTEE LEVEL - If the grievance is not settled at the preceding level to the satisfaction of the aggrieved teacher, the grievance may be presented in writing to the Committee within seven (7) days of the decision in the preceding level. A meeting will be held at the Committee level with the aggrieved teacher and, if the aggrieved teacher so chooses, a representative of the Association, to discuss the grievance, except in instances in which the Committee, in its discretion, believes a meeting is unnecessary. Any such meeting will be held at the next regular scheduled meeting of the Committee which is no less than seven (7) days from the date of the submission of the written grievance to the Committee level. The Committee shall consider the grievance and present its decision in writing to the aggrieved teacher within thirty (30) days after receipt of the written grievance by the Committee, when no meeting is held, or within fifteen (15) days after the conclusion of the meeting when a meeting is held. A copy of the Committee's answer will be furnished to the Association. If the grievance is not settled to the satisfaction of the aggrieved teacher at the Committee level, the Association may submit the grievance to arbitration by giving written notice to the Committee within twenty (20) days after receipt of the Committee's decision.

The parties recognize that authority over certain matters is committed under Chapter 71 of the General Laws to the Superintendent or Principals. Notwithstanding that the foregoing procedure provides for three levels, the final level prior to arbitration shall be the Committee, Superintendent or Principal, whichever party has authority over the particular matter under Chapter 71.

3.5                A grievance involving a group of teachers may be presented in writing as a group grievance by the Association at the Principal Level within twenty (20) days of the earliest date on which a teacher in the group knew or reasonably should have known of the even or events giving rise to the grievance. In order for a grievance to be a group grievance all teachers participating in the grievance must be aggrieved in the same way. If the grievance is denied at the initial level, the Association will furnish at the next level a list of those teachers who are included in the group and who have advised the Association in writing that they wish the Association to pursue the grievance on their behalf.

3.6                If the Superintendent and the Association or the aggrieved teacher (in instances in which the teacher pursues the grievance without the intervention of the Association) agree, a grievance may be presented initially at the Superintendent level within the twenty (20) day time limit referred to in the Principal Level (or Section 3.5) being applicable to such initial presentation.

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

3.8                No grievance shall be considered which is not presented within the time limit specified in the Principal Level. If a grievance is once settled or if it is not appealed to the next higher level within the specified time limits, it shall be considered closed and shall not thereafter be subject to the grievance procedure or to arbitration under Article IV. The aggrieved teacher or the Association, as the case may be, shall secure and retain a dated receipt for grievances which are presented at any level of the grievance procedure or submitted to arbitration whether such presentation or submission was by hand delivery or mail.

3.9                The parties will endeavor to expedite the processing of any grievance filed on or after June 1 which, if left unresolved until the beginning of the following school year, could result in irreparable harm to the aggrieved teacher or the Committee.

3.10            The School District and the Association agree to furnish to the other upon request such information in aid of the grievance procedure as is required under law in the fulfillment of the duty to bargain in good faith.

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

3.12            A teacher whose attendance is required at either a grievance meeting or an arbitration hearing held during the teacher's work day will be released to permit such attendance for such time as is necessary, without loss of pay, provided the teacher gives his principal or immediate supervisor at least twelve (12) hours' notice of such required attendance.

ARTICLE IV ARBITRATION

4.1                In the event the Association elects to submit a grievance to arbitration, the arbitrator shall be selected according to, and shall be governed by, the procedure set forth in this Article.

4.2                The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree within seven (7) days after receipt by the Committee of written notice that the Association intends to arbitrate, the Association may, within seventeen (17) days after such receipt, refer the grievance to the American Arbitration Association. The arbitrator shall be selected in accordance with the then current rules of the American Arbitration Association applicable to labor arbitrations. Any arbitration hereunder shall be conducted in accordance with such rules, subject to the provisions of this Agreement. The Committee and the Association shall share equally in compensation and expenses of the arbitrator.

4.3                Either the Committee or the Association shall have standing to question arbitrability in arbitration or in an appropriate forum.

4.4                The function of the arbitrator is to determine the interpretation and application of specific provisions of this Agreement. There shall be no right in arbitration to obtain, and no arbitrator shall have any authority or power to award or determine any change in, modification or alteration of, addition to, or detraction from any of the provisions of this Agreement. In reaching a decision the arbitrator shall not substitute his/her judgment for that of the Committee, Superintendent or Principal, as the case may be; nor shall he/she set aside the decision of the Committee, Superintendent or Principal, as the case may be, unless he/she concludes that the Committee, Superintendent or Principal, as the case may be, was arbitrary and capricious, and he/she shall be subject to the principle that there are no restrictions intended on the rights or authority of the Committee, Superintendent or Principal, as the case may be, other than those expressly set forth herein. The arbitrator may or may not make his/her award retroactive as the equities of the case may require. Except in cases of group or class grievances, each grievance shall be separately processed in any arbitration proceedings hereunder unless the parties otherwise agree. The arbitrator shall furnish a written opinion specifying the reasons for his/her decision. The decision of the arbitrator, if within the scope of his/her authority and power under this Agreement, shall be final and binding upon the Committee, Superintendent or Principal, as the case may be, the Association and the teacher(s) who initiated the grievance.

ARTICLE V CURRICULUM AND TEXTBOOKS

5.1          The Committee subscribes to the principle that teacher involvement in curriculum design is a prime necessity. To this end, teachers, together with others whose involvement would be valuable, will, where appropriate, participate in curriculum development. The Association recognizes that Administrators, consultants, parents, students and others may also make valuable contributions to the design and building of curriculum. The Superintendent shall be responsible in any particular situation for determining those who may best contribute to the design and building of curriculum. All members of the Department will receive changes in the curriculum reasonably in advance of implementation.  A teacher may decline a curriculum development assignment if, in the teacher's judgment, such assignment would require an inordinate amount of time. Should a teacher decline any such assignment, such teacher and all other teachers shall, nevertheless, be required to implement the curriculum which is developed without such teacher's participation.

5.2          Teachers, as members of the professional staff, are expected to contribute to decisions affecting textbook adoption and the purchase of special supplies and equipment.

ARTICLE VI SICK LEAVE

6.1                A teacher will commence each work year with an advance sick leave credit of five (5) days, except that a teacher who begins work after the beginning of the work year shall receive as advance sick leave credit that proportionate part of five (5) days which the remaining number of months in the school year bears to ten (10). In addition to advance sick leave credit, teachers will accrue paid sick leave during the work year at the rate of one (1) day for each month of continuous active service from September through June. A teacher who returns to work after having exhausted sick leave and who has drawn days from the sick leave bank will be credited with an advance of five (5) sick days against future accruals. A teacher who terminates active service before the end of the work year and who has used paid sick leave in an amount which exceeds that proportionate part of fifteen (15) days which the number of months of active service of such teacher during such work year bears to ten (10) shall be required to pay back such excess to the Committee and the Committee may deduct the amount thereof from any monies due said teacher. Unused paid sick leave shall be accumulated from year to year without limit. Each teacher will receive an accounting of his/her accumulated sick leave by September 30 of each year. A teacher shall furnish a certificate from such teacher's physician immediately upon becoming aware that he or she is unable safely to perform the duties of a teacher because of illness.

6.2                Sick leave with pay shall be granted and taken when a teacher is prevented from working because of actual personal illness or injury. Accumulated sick leave may also be taken up to an annual total of six (6) days because of illness of, or injury to, a member of the teacher's "immediate family". Use of accumulated sick leave because of illness of, or injury to, a member of a teacher’s immediate family beyond six (6) days, may be granted by the Superintendent in his/her sole discretion in extraordinary cases. "Immediate family" shall include a teacher's spouse, children, parents, sisters, brothers, grandparents, parents-in-law and a close friend who is a member of the teacher's immediate household.

6.3                To be eligible to use paid sick leave, a teacher must report the illness or injury to his/her principal or immediate supervisor as soon as is reasonably possible, but in no event less than one (1) hour prior to such teacher's scheduled reporting time on the first day of absence (unless prevented from doing so for reasons of emergency) and shall also notify the principal or immediate supervisor not later than the evening before the day on which the teacher intends to return. The Superintendent may require evidence that a teacher was prevented from working because of illness or injury when the Superintendent believes that the sick leave program is being abused.

6.4                Upon retirement, a teacher who has completed at least 20 years of service as a teacher in the Hingham Public Schools and who has furnished evidence from the Teachers Retirement Board that he/she will be eligible for retirement and who has accrued 100 or more sick days at the time of retirement will be compensated for accumulated sick leave at the rate of ten dollars ($10) per day to a maximum of $3,000.

6.5                Accumulated sick leave up to a maximum of one hundred twenty (120) days of a teacher who dies while in the Committee's employ shall be paid to such teacher's designated beneficiary, if living, or, in lieu of a living designated beneficiary, to such teacher's estate.

6.6                A teacher's base annual salary shall be reduced by one-one hundred eighty-fifth (1/185) of such salary for each day of absence due to illness or injury not covered by paid sick leave.

6.7                (a) A teacher who has completed at least one (1) full school year of continuous employment for the Committee shall be eligible to participate in the Teacher Sick Leave Bank. A teacher who does not wish to participate in the Bank during a particular school year must so advise the Superintendent in writing prior to the beginning of such school year and shall be deemed, in the absence of such advice in writing, to have authorized the School District to transfer days of accrued sick leave from such teacher's personal sick leave accrual to the Bank as provided herein.

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

Sufficient whole days and/or half days of sick leave shall be transferred from the accruals of participating teachers to begin the Bank at a level of at least 120 days. Should the number of days in the Bank be reduced to 30 days, then sufficient whole days and/or half days of sick leave shall be transferred from the accruals of participating teachers so that the Bank is replenished to a level of at least 120 days.

(b)           An eligible teacher who wishes to take advantage of the provisions of the Teacher Sick Leave Bank shall submit a letter of request to the Superintendent of Schools. The letter shall indicate the anticipated period of absence and be accompanied by relevant medical documentation as described in 6.7 (c) (2). Response to this request shall be made in writing. A record of all requests and their disposition shall be maintained and the Association shall be informed of the status of each request.

(c)           Eligibility to draw days from the Bank shall be as follows:

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

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

(3)     The maximum number of work days for which a participating teacher who is disabled from working due to personal illness or injury may draw days from the Bank shall be determined as follows:

Number of Full School Years of Continued Employment Completed by Teacher

Number of Work Days Teacher Must Be Disabled from Working Prior to Becoming Eligible to Draw on Bank

Maximum Number of  Work Days for Which Teacher is Eligible to Draw Days from Bank

At least 1 and not more than 5 years

15 days

30 days

More than 5 and not more than 10 years

30 days

60 days

More than 10 and not more than 15 years

45 days

90 days

More than 15 years

60 days

120 days

In circumstances in which a teacher who has completed more than fifteen (15) full school years of continued employment has exhausted her/his accumulated sick leave due to one (1) or more serious health conditions and the teacher continues to have a serious health condition, the Committee will waive the sixty (60) day waiting period required before the teacher can draw on the Bank for days needed due to such serious health condition. For purposes of this provision, a serious health condition is demonstrated when the teacher's physician certifies in accordance with Section 6.6(c) (2).

A teacher who has drawn on the Bank and who, because of the completion of additional full school years of employment for the Committee, qualifies for an increase in the maximum number of days which may be drawn from the Bank, shall have deducted from the new maximum the number of days already drawn from the Bank.

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

(d)       Days and half days transferred to the Bank shall not be restored to a teacher's personal accrual under any circumstances.

ARTICLE VII PERSONAL LEAVE

7.1                The parties recognize that absences are detrimental to the educational process and therefore must be held to an absolute minimum.

7.2                A teacher shall be entitled in any one (1) work year to not more than three (3) days' leave with pay for important personal activity which cannot be carried on outside of school hours. The Superintendent/designee will answer the teacher's request within twenty-four (24) hours of receipt of the request. Such activity shall include, but not be limited to, business or legal affairs, serious family illness, funeral, selective service examination and graduation of a member of the teacher's immediate family so as to require the day off. Except in cases of business or legal affairs, serious family illness, funeral, selective service examination, graduation of a member of the teacher's immediate family so as to require the day off, marriage of the teacher, or marriage of a member of the teacher's immediate family as defined in Section 6.2, personal leave may not be taken either immediately before or after a school vacation or holiday. The Superintendent in his/her sole discretion may grant personal leave or advance personal leave against future entitlements, in the event of circumstances beyond the teacher's control. The Superintendent's determination shall not be subject to the grievance and arbitration procedures of this Agreement.

7.3                To be eligible to take personal leave, a teacher must give written notice explaining the reason for the leave to the Superintendent at least forty-eight (48) hours before the intended leave is to be taken, except in cases of emergency, when notification may be made by telephone to be followed by a written notice. Except for requests for personal leave immediately before or after a school vacation or holiday, the teacher will not be required to explain the reason for the request if, in the teacher's professional judgment, the reason falls within the definition set forth in Section 7.2 above and if the reason is of such a personal nature that explaining it would be embarrassing to the teacher.

7.4                Nothing in this Article shall preclude the Superintendent from granting additional personal leave without pay which in the Superintendent's sole judgment is deemed warranted. In such cases, a deduction from salary shall be made of one-one hundred eighty-fifth (1/185) of the teacher's base annual salary for each such day.

7.5                At the close of each work year, unused personal days shall be added to a teacher’s accumulated sick leave.

ARTICLE VIII BEREAVEMENT LEAVE

8.1          Any teacher who suffers death of the teacher’s spouse, child, parent or close friend who is a member of the teacher’s immediate household shall be allowed time off, up to five (5) days, without loss of pay for each of those days which are such teacher’s regular working days and on which he/she would otherwise have worked, provided that any such days in excess of three (3) days shall be deducted from the teacher’s sick leave accruals. Any teacher who suffers death of any other member of the immediate family as defined in Section 6.2 or of a sister-in-law or brother-in-law shall be allowed time off, up to three (3) days, without loss of pay for each of those days which are such teacher’s regular working days and on which he/she would otherwise have worked. Where unusual circumstances require, additional leave may be taken as personal leave. Where individual circumstances require, the Superintendent may, in his/her discretion, expand the definition of "immediate family"; however, his/her determination shall not be subject to the grievance and arbitration procedures of this Agreement.

ARTICLE IX RELIGIOUS LEAVE

9.1          A leave of absence without loss of pay up to three (3) days in any one (1) school year will be granted for time necessarily and actually lost for observance of major religious holidays of the religious faith to which a teacher belongs, when such holiday(s) falls on a day(s) on which teachers are required to report. Notification by a teacher of his or her intention to take such leave shall be made to the teacher's principal or immediate supervisor as far as possible in advance of such holiday, but in no event less than forty-eight (48) hours prior to such holiday.

ARTICLE X PROFESSIONAL LEAVE

10.1            Leaves of absence with pay may be granted at the sole discretion of the Superintendent to permit individual teachers to visit other schools or attend approved education meetings or conferences.   Written reports, if required, shall be submitted.

10.2            The School District may elect to pay reasonable expenses (including, but not limited to, registration fees, meals, lodging and transportation) incurred by a teacher who is authorized by the Administration to attend workshops, seminars or other approved professional improvement sessions provided that said amount shall have been previously provided for and is expendable in the existing school department budget. Teachers seeking reimbursement must submit to the Superintendent for advance approval a voucher listing the expenses for which reimbursement is sought in whole or in part.

10.3            In situations where the Administration requires a teacher to attend workshops, seminars or other professional improvement sessions, the School District will pay all reasonable expenses.

ARTICLE XI JURY AND WITNESS DUTY

11.1            A teacher who is required to serve on jury duty will be paid an amount equal to the difference between the teacher's regular salary as a teacher and the amount paid by the government for each school day the teacher serves on jury duty. Teachers who are released from jury duty during the school day will make their best effort to return to school if they believe they can make a contribution to their school. The teacher will provide documentation which is satisfactory to the School District of the required jury service and of the amounts paid by the government for such jury service.

11.2            If a teacher is required by the School District to be absent from school to testify or to appear on the School District's behalf in connection with a judicial or quasi-judicial proceeding, the teacher shall not lose any pay for the day(s) involved. If a teacher is required by the School District to testify or to appear on the School District's behalf in connection with such a proceeding on a day which is not a regular work day, the teacher shall be paid one one-hundred eighty-fifth (1/185) of said teacher's base annual salary for such day.

11.3            If, in response to a subpoena, a teacher must appear for the purpose of being a witness in a judicial proceeding in which the teacher is not a party and as a result is required to be absent during the teacher's scheduled working hours, the teacher shall not lose any pay for such hours.

ARTICLE XII SABBATICAL LEAVE

12.1 Upon the recommendation of the School District's Sabbatical Review Board, a sabbatical leave for advanced study or research may be granted by the School District to a teacher who has completed six (6) consecutive years of active service in the Hingham Public Schools, where such leave would, in the opinion of the Sabbatical Review Board, contribute significantly to the improvement of the instructional program of the Hingham Public Schools. A teacher whose application for sabbatical leave is denied may request a meeting with the Superintendent to review the reasons for said denial.

12.2            A teacher who applies for sabbatical leave must submit a written request to the Superintendent by January 1 next prior to the school year during which such teacher desires sabbatical leave. Action shall be taken on all such requests not later than May 1st. Such request must describe the intended sabbatical leave program of study or research to be pursued and the contribution such program is likely to make to the Hingham Public Schools and to the professional ability of the teacher.

12.3            Approval by a teacher's principal or immediate supervisor shall be a condition to the granting of a sabbatical leave.

12.4            Sabbatical leave may be for a period of up to one hundred eighty-five (185) working days.

12.5            Sabbatical leave pay shall be at one-half (1/2) of a teacher's base pay for a sabbatical leave of from at least ninety-three (93) work days to one hundred and eighty-five (185) work days. Sabbatical leave pay shall be at full pay for a sabbatical leave of less than ninety-three (93) work days.

12.6            Before accepting a sabbatical leave, a teacher shall sign an agreement with the School District to return immediately upon completion of such sabbatical leave to active service for the School District for a period equal to at least twice the length of such sabbatical leave and that, in default of completing such service, such teacher shall refund to the School District such proportion of the sabbatical leave pay received as the amount of service not rendered as promised bears to the whole amount of service agreed to be rendered, provided that the teacher may be released from such payment if his/her failure to serve twice the length of the leave is due to death or permanent disability.

12.7            A teacher returning from sabbatical leave shall, if practicable, be placed in the position he/she previously held or a substantially equivalent position and on the step on the salary schedule the teacher would have attained had the teacher remained in the Committee's active service and shall be eligible to accrue, but not use, paid sick leave while on leave.

12.8            No teacher may apply for another sabbatical leave until such teacher has completed six (6) consecutive years of active service since such teacher's last sabbatical leave.

12.9            Upon completion of a sabbatical leave, the teacher shall submit a written report to the Superintendent containing any transcript of college or university work done while on leave, and other pertinent or interpretive information considered essential by the School District to an evaluation of such teacher's sabbatical leave program.

12.10 While on sabbatical leave, a teacher shall not engage in remunerative work, other than work performed in connection with the sabbatical leave program, without the express written approval of the Superintendent.

ARTICLE XIII PEACE CORPS - EXCHANGE TEACHER - VISTA - EXTERNSHIP

13.1            A teacher with professional status may obtain a leave of absence without pay for up to two (2) years to serve in the Peace Corps, or up to one (1) year to work as an exchange teacher or with Vista. Teachers who are on approved externships will continue to receive their salary and benefits during the period of the externship.

13.2            Upon return from such leave, a teacher will be offered a position as reasonably comparable to the one previously occupied as is then available, and will be placed on the step on the salary schedule he/she would have attained had the teacher remained in the Committee's active service during the period of the leave.

13.3            All such leaves will run from September 1 through August 31. Applications for such leave must be submitted prior to April 1 of the calendar year in which the leave is to begin.

ARTICLE XIV MATERNITY LEAVE

14.1 A leave of absence without pay will be granted for purposes of pregnancy and child rearing in accordance with this Article, and with Section 15.1. Different eligibility requirements and leave entitlements are provided under Federal and State laws and under the terms of this Article, and the teacher will be asked to indicate at the start of the leave which form of leave is to be taken. The extent to which accrued sick leave shall be available for use by teachers in cases of disability due to pregnancy and the extent to which Committee contributions for medical insurance will be continued shall be governed by the requirements of applicable Federal and State laws.

(a)    In accordance with and subject to the requirements of Mass. G.L. c. 149, § 105D, a female teacher who has been employed on a full-time basis for at least three (3) months and who takes a leave due to pregnancy not exceeding eight (8) weeks shall be entitled to return to active duty at the end of her leave.

(b)     A teacher who meets the eligibility requirements of the Federal Family and Medical Leave Act (the "FMLA") may take a leave of not more than twelve (12) weeks for the purpose of the birth of a child and/or for the purpose of child rearing (assuming that the teacher has not already exhausted some or all of such leave for other purposes). Such leave must be completed within one year of the birth, and will run concurrently with leave taken under the preceding paragraph. Any such teacher shall be entitled to return to active duty in accordance with and subject to the requirements of the provisions of the FMLA including, in particular, the limitations imposed by the FMLA on the timing of the teacher's return to active duty and on intermittent leave.

(c)     In the alternative, an extended leave of absence ("extended leave") will be granted to any teacher for the purpose of the birth of a child and/or for the purpose of rearing a new-born child, for a period of up to two (2) years. A teacher who takes an extended leave shall return to active duty only on the first day of the school year in September of either the first school year or the second school year following the birth or at mid-year (date of kindergarten switch-over at the elementary level; start of third term at the secondary level) of either of such school years. A teacher who wishes to return at mid-year must so notify the Superintendent in writing prior to commencement of that school year. A teacher who has attained professional teacher status, may at the sole discretion of the Superintendent, be granted an extension of the "extended leave" described in this Section 14.1(c) for a period of up to one (1) year and with the same conditions for return to active duty as set forth in this Section 14.1(c). The decision of the Superintendent will reflect the best interest of the school system in his/her judgment and shall not be subject to the grievance and arbitration procedures of this Agreement. A teacher who has been on leave of absence under this article for three consecutive full school years shall not be eligible for further leave hereunder until the teacher has first returned to school and completed at least one full school year of active teaching in the school system.

14.2 A teacher who is on maternity leave shall not be entitled to accrue paid sick leave during the period of such leave. In determining the placement on the salary schedule of a teacher who returns from a maternity leave of absence, credit for a full year of teaching will be given on the schedule for the school year during which the leave began if the teacher completed at least ninety-three (93) school days of teaching during said school year; otherwise, the teacher shall return to the step on the salary schedule which she held prior to the commencement of such leave. The teacher shall be restored as soon as practicable to the position she held when her leave began, or to a substantially equivalent position.

ARTICLE XV ADOPTION REARING LEAVE

15.1    Subject to the needs of the educational program as determined by the Superintendent of Schools, a teacher will be granted an unpaid leave of absence for up to two (2) years for the purpose of rearing a pre-school child immediately following adoption. A teacher who adopts a child may use accrued sick leave in accordance with Section 6.2 because of serious illness of the adopted child. Teachers may also be eligible for adoption rearing leave for shorter periods of time under Mass. Gen. L. c. 149, § 105D or the Federal Family Medical Leave Act; if so, such leave shall be granted in accordance with and subject to the limitations of those laws, as set forth in Section 14.1, and shall be in the alternative to the leave provided under this Article.

ARTICLE XVI MILITARY LEAVE

16.1            The Committee will comply with all State and Federal laws with respect to mandatory military leaves of absence.

16.2            A teacher who is required to perform annual active duty for training will do so during the months of July and August except when the necessity of the Government makes other demands absolutely necessary. In such instances the teacher will be granted necessary leave, upon written notification from the teacher's commanding officer. A teacher who is a member of a military reserve component and who is activated for emergency military duty shall receive the difference between his/her regular salary as a teacher and the teacher's military pay for a period not to exceed ten (10) school days.   All other military leave shall be without pay.

16.3            Military leave will be granted to any teacher who is inducted or who enlists for one (1) required term in any branch of the armed services of the United States or during the period of any involuntary extension of enlistment.

16.4            Upon return from such a leave, a teacher will be placed on the salary schedule at the level which he/she would have achieved had the teacher remained in the Committee's active service during the period of absence, up to a maximum of four (4) years.

ARTICLE XVII ALTERNATIVE LEAVE

17.1   Teachers who have completed at least six (6) years of service as a teacher in the Hingham Public Schools shall be eligible to apply for a voluntary leave of absence without pay for one (1) or more school years. A teacher shall not lose any accrued benefits which the teacher had as of the start of the leave. The granting or denial of the leave shall be determined by the School District on the basis of its judgment of operating and educational considerations. Under normal circumstances requests for such leave must be presented to the Superintendent not later than March 1 of the school year preceding that for which leave is requested.

ARTICLE XVIII GENERAL LEAVES OF ABSENCE PROVISIONS

18.1            Extended leaves of absence without pay may be granted at the sole discretion of the Superintendent for personal illness of the teacher, caring for a sick member of the teacher's immediate family as defined in Section 6.2, serving in the Association's national or state elective constitutional office, serving in an elective or appointive public office or other reasons deemed warranted by the Superintendent. All benefits to which a teacher was entitled at the time any extended unpaid leave commenced, including accumulated sick leave, will be restored to the teacher upon return from any such leave. The parties recognize that no specific position can be held open during any extended unpaid leave but in all instances every effort will be made to assign a teacher to a substantially equivalent position to the one held at the time the leave began. In determining the placement on the salary schedule of a teacher who returns from an extended leave of absence, credit for a full year of teaching will be given on the schedule for the school year during which the leave began if the teacher completed at least ninety-three (93) school days of teaching during said school year; otherwise, the teacher shall return to the step on the salary schedule which he/she held prior to the commencement of such leave.

18.2            Unless waived by the Superintendent, a teacher may not return from an extended unpaid leave of absence until the commencement of the school year following the expiration of such teacher's leave and unless such teacher has notified the Superintendent by March 1st of such teacher's intention to return for the next school year.

18.3            Under no circumstances shall the period of any unpaid leave of absence count as 'service' for purposes of determining eligibility for professional teacher status.

18.4            All requests for leaves of absence, extensions or renewals must be in writing. In cases of extensions or renewals, such requests must be received by the Superintendent by March 1st of each year in which the leave expires. A teacher whose application for leave under this article is denied may request a meeting with the Superintendent to review the reasons for said denial.

18.5            Teachers on leave from the Hingham Public Schools who intend to return, must so notify the Superintendent of Schools on or before March 1 of the school year preceding the year of their intended return. Failure to so notify the Superintendent by March 1 shall be deemed a resignation from the Hingham Public Schools, provided the Superintendent of Schools notifies all such individuals of this provision by February 1.

18.6            Failure to be available for assignment at the termination of a leave shall constitute a resignation.

18.7            The Family and Medical Leave Act of 1993 shall supersede the provisions of this Agreement to the extent that the Act provides a better benefit.

ARTICLE XIX INSURANCE

19.1        The Town of Hingham will pay that percentage of the cost of the following types of insurance coverage which the Town has authorized for its employees:

(a)                 A $5,000 term life insurance plan of the type presently available to teachers.

(b)                 Individual or family coverage under Blue Cross and Blue Shield or other health insurance plan available to Town employees.

19.2            A teacher's health insurance coverage will be continued during the period of an extended unpaid leave of absence, provided the teacher pays the total monthly cost of such coverage to the Town within seven (7) days from the last billing date. It is understood that this provision does not apply when a teacher is on an unpaid medical leave of absence as described in M.G.L. Chapter 32B, § 7(b).

19.3            It is understood that the Town will not itself operate said insurance programs but will maintain policies or contracts with insurance companies which will administer said program. The benefits under said program shall be subject to such conditions and limitations as may be set forth in the policies or contracts of insurance. Any dispute concerning eligibility for or payment of benefits under any such policies or contracts shall be settled in accordance with the terms thereof and shall not be subject to arbitration hereunder.

19.4            Should any Federal or State legislation become effective during the term of this Agreement providing benefits paralleling any of those provided under this Article and imposing the cost thereof on the Town, then and to that extent the parallel benefits provided under this Article may be discontinued by the Town, and the Town shall be relieved of the cost thereof to avoid duplication of costs.

ARTICLE XX PROTECTION

20.1            Teachers will, as soon as possible, report to their immediate supervisor in writing any case of assault or abusive conduct they suffer in connection with their employment.

20.2            Such written report, if the teacher requests, will be forwarded to the Superintendent and the Committee. The Superintendent will comply with any reasonable request from the teacher for information it has about the incident and will act appropriately as a liaison between the teacher, the police and the courts.

20.3            The Committee recognizes that indemnification of teachers for expenses in connection with criminal or civil proceedings shall be in accordance with General Laws, Chapter 258.

20.4            Within the facilities presently available, a place will be designated in each school for the locking up of personal belongings. During the school day, teachers may bring personal belongings to the school principal's office for safekeeping. The extent of the School District's obligation under this section is to provide a place for the safekeeping of personal belongings and shall not include responsibility for the loss of, damage to, or theft of, such belongings.

ARTICLE XXI TAX SHELTERED ANNUITY

21.1            Teachers will be eligible to participate in a "tax sheltered" annuity plan established pursuant to United States Public Law 87-370.

21.2            Commencement of, or withdrawal from, participation shall be in accordance with current practices.

ARTICLE XXII DEDUCTIONS

22.1 The Committee agrees to deduct from the salaries of teachers who have on file with the Committee an executed current Dues Deduction Authorization Card, in the form set out below, dues for the Hingham Education Association, Plymouth County Education Association, Massachusetts Teachers Association and the National Education Association and to transmit the monies deducted to the Hingham Education Association Treasurer. Teacher authorization shall be in writing in the form set forth below:

"Dues Deduction Authorization Card

Name____________________________________________________________________

Address __________________________________________________________________

I hereby request and authorize the School Committee of the Town of Hingham to deduct from my earnings and to transmit to the Treasurer of the Hingham Education Association $              to provide for regular payments of the annual membership dues of the Hingham Education Association, Massachusetts Teachers Association and Plymouth County Education Association and of the National Education Association in equal bi-monthly deductions from the second paycheck in October and continuing through the second paycheck in May. I may withdraw this authorization by giving written notice to the School Committee by June 30 prior to the school year in which I intend to terminate my dues deduction. I further understand that if I leave the system before the end of the school year, the balance due will be deducted from my last paycheck. I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization, and relieve said Committee, and any or all officers of the Committee from any liability therefor.

Teacher's Signature

Date: ________________________________

22.2            Deductions referred to in Section 22.1 above will be made in sixteen (16) equal payments in amounts certified by the Treasurer as being the regular membership dues of the Association, the Plymouth County Education Association, the Massachusetts Teachers Association, and the National Education Association, from the second paycheck of each month commencing in October and continuing through the second paycheck in May.

22.3            The Treasurer of the Town of Hingham will submit the amounts deducted to the Association Treasurer as soon as is reasonably possible after the issuance of the paycheck from which the deductions were taken.

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

22.5            The Association shall indemnify and save the Committee and the Town harmless against any claim, demand, suit or other form of liability that may arise out of, or by reason of, action taken or not taken by the School District or the Town for the purpose of complying with this Article or in compliance with any dues deduction authorization furnished to the School District.

22.6            The Committee agrees to provide Internal Revenue Code Section 125 Plans for members, effective January 1, 2004, that provide pre-tax treatment of:

a.             Health Insurance Contributions,

b.             Dependent Care Account and,

c.             Medical Care Account,

with the understanding that dependent care and medical care accounts (b & c) will be made available so long as the same benefit is made available to other town employees. The Plan may include an administrative fee (which shall be paid by the participating employee except as provided below), if an outside administrator is utilized. Effective January 1, 2012 a debit card will be made available to participants in the medical care account. For the period January 1, 2012 through June 30, 2012 the participant shall bear the administrative fees for the medical care debit card. Effective July 1, 2012, the Committee shall bear the administrative fees for (i) the medical care account and (ii) the medical care debit card.

ARTICLE XXIII REDUCTION IN FORCE

23.1            Decline in student enrollments, changes in curricular offerings, economic restraints, or other pressing conditions may necessitate the reduction of a number of professional positions in the school system. When the Committee determines that staff reductions are necessary, it shall, consistent with applicable laws, determine the order in which teachers with professional status shall be reduced in the following manner: A teacher with greater length of service shall be retained unless the teacher with the shortest length of service in the discipline has demonstrably superior performance and/or ability (in relation to the subjects to be taught). In determining whether or not a teacher with greater length of service was properly selected for reduction, the Committee shall have the burden of showing by a preponderance of the evidence that the teacher with the shortest length of service in said discipline who was retained was demonstrably superior in performance and/or ability (in relation to the subjects to be taught). The Committee will make available to the Association the evaluations of the teacher with the shortest length of service in said discipline who was retained. A teacher who is selected for reduction from a discipline may, if such teacher has greater length of service, displace the teacher with the shortest length of service in another discipline in which the teacher had successful teaching experience in the Hingham Public Schools, unless such teacher with the shortest length of service in such other discipline has demonstrably superior performance and/or ability (in relation to the subjects to be taught). A teacher who has been voluntarily or involuntarily transferred from a discipline in which that teacher taught may, in the event of his/her selection for reduction in force from the discipline to which such teacher was voluntarily or involuntarily transferred if such teacher has greater length of service, displace the teacher with the shortest length of service in the former discipline, unless such teacher with the shortest length of service in such former discipline has demonstrably superior performance and/or ability (in relation to the subjects to be taught). In the event that the teacher with the shortest length of service in the former discipline is demonstrably superior, then the teacher who had been voluntarily or involuntarily transferred may displace the teacher with the next shortest length of service who is not demonstrably superior. In order to displace a teacher under the foregoing procedure, the displacing teacher, in the judgment of the School Committee, must have maintained competence and must be fully qualified to perform the duties of the position.

23.2            DEFINITIONS:

(a) LENGTH OF SERVICE means a teacher's length of uninterrupted service in years, months, and calendar days in the Hingham Public Schools. Leaves of absence shall not be considered breaks in service; however, the length of time a teacher was absent from work on an unpaid leave of absence shall not count for purposes of computing length of service. Any ties which occur for the first time after August 31, 1992 will be resolved by lot at the time the teachers attain Professional Teaching Status.

(b)        LAY OFF means an unpaid leave of absence to be granted by the Committee for a period of thirty-six (36) months from the effective date of the reduction; provided further that said teacher has waived, in writing, subsequent to receipt of a notice of reduction-in-force, any present or future rights to a dismissal hearing he or she may have pursuant to Chapter 71, Section 42 or 42A of the Massachusetts General Laws.

(c)        RECALL means the right: (1) to return to a position in the discipline from which a teacher was originally laid off, or (2) to fill a position in another discipline for which the teacher is eligible for recall pursuant to Section 23.4 below. The Committee must vote on each lay-off individually and the order of lay-off shall be established by the sequence in which the votes were taken. An up-to-date list of recall order by discipline shall be maintained by the Superintendent and shall be available to the Association upon request.

(d)        TERMINATED means dismissal pursuant to Chapter 71, Section 42 or 42A.

(e)        DISCIPLINE is defined to mean one of the following:

Generalist

Includes certifications for early childhood, elementary, and middle school as listed

below:

P-3, K-3, K-6, 1-6, 5-9

Science 5-9 and 9-12

Includes certifications listed below:

Chemistry 5-9, 9-12

Biology 5-9, 9-12

Earth Science 5-9, 9-12

General Science 5-9, 9-12

Physics 5-9, 9-12

Mathematics 5-9 and 9-12

E nglish 5-9 and 9-12

Includes Drama K-9, 5-12

Social Studies or History 5-9 and 9-12

Includes Geography

World Language P-9 and 5-12

Includes certifications listed below

Latin P-9, 5-12

French P-9, 5-12

Spanish P-9, 5-12

Art/Visual Art P-9 and 5-12

 Business K-9 and 5-12

Technology Education P-9 and 5-12 (formerly Industrial Arts or Industrial Technology)

Home Economics K-9 and 5-12

Guidance P-9 and K-12

Includes School Psychologist Physical Education/Health P-9 and 5-12

Special Needs P-9 and 5-12

Includes all related certifications (example: “intensive special needs, young children with special needs,” etc.) but not “Speech/Language/Hearing Disorder”

Speech and Hearing Therapist

Social Worker/Adjustment Counselor

Librarian/Media Specialist

Music P-9 and 5-12

Reading Specialist

Title I Teacher

23.3            NOTIFICATION When a reduction-in-force (RIF) is to take place, the School Committee should give written notice to the affected teachers under usual circumstances prior to March 15 preceding the effective date of the reduction which shall be the subsequent July 1. If the teacher wishes to have lay-off status rather than termination, said teacher must so notify the Superintendent, in writing, within ten (10) school days of the receipt of the RIF notice. The parties recognize that there may be circumstances in which such written notice is not given by March 15 because the events giving rise to the School Committee's decision to reduce forces occur after March 1. In such instances, written notice shall be given as soon after March 15 as practicable. The right to give a reduction-in-force notice after March 15, is designed to permit the School Committee to deal with unanticipated financial exigencies. Before the School Committee decides to give notice to teachers after March 15, the School Committee will discuss with the Association the impact of any such decision on the teachers affected. The School Committee will not give such notice if in its judgment there is a viable alternative measure. It is understood that nothing in this section is intended to limit powers which the School Committee has under State law.

23.4            RECALL If subsequent to a RIF notice, a vacancy occurs in a discipline from which teachers have been reduced and elected lay-off status, a recall notice shall be sent via certified mail to the teacher most recently reduced from the discipline in which the vacancy exists. If there are no teachers in said discipline eligible for recall or if all such teachers have been offered recall and there is still a vacancy, a notification of the existence of such vacancy shall be sent to the Association for distribution to teachers on lay-off. Any such teacher may apply to fill the vacancy, and it will be filled by the teacher with the greatest length of service who is on lay-off from another discipline and who is qualified to fill the vacancy. If a teacher fails to notify the Superintendent within fourteen (14) calendar days of the issuance of a recall notice of his/her intent to accept recall, said teacher shall forfeit all rights and benefits provided for in this Agreement. A teacher who accepts recall must commence work on the date set forth in the recall notice or within twenty-one (21) calendar days, whichever is later. A teacher who accepts recall shall have restored upon recall all benefits accrued up to June 30th of the school year in which the RIF notice was given. Teachers with recall benefits are required to keep the Superintendent and the Association informed of their current mailing address, including any temporary address where they can be reached if they will be traveling or otherwise away from their home mailing address. Teachers who have accepted lay-off status shall, during the recall period, be sent copies of all notifications of vacancies issued pursuant to this Agreement. If a teacher with recall benefits is hired for a vacancy outside of a discipline to which he/she has recall rights, he/she shall have restored upon rehire all rights and benefits accrued up to June 30th of the school year in which the RIF notice was given. During the recall period, teachers shall be entitled to participate in any group health and/or life insurance programs available to any teacher on leave of absence without pay, provided the teacher pays the entire cost of insurance

premiums within thirty (30) days of the billing date as issued by the Town Treasurer. The professional teacher status of a teacher who has been recalled shall be determined in accordance with applicable law. A teacher on leave of absence pursuant to this Agreement shall be considered as if he/she were on active duty for purposes of this Article.

23.5            Within the disciplines set forth above, all teachers without professional status shall be reduced first.

23.6            A teacher who, after May 6, 1992, is promoted to an administrative position within the Administrators Association (formerly the Management Team) bargaining unit may return to the teacher's bargaining unit by displacing a teacher in the discipline in which the administrator taught immediately prior to his/her promotion to an Administrators Association position. In order to displace a teacher under this procedure, the displacing administrator must have greater length of service than the teacher to be displaced and must be considered competent in the sole judgment of the Superintendent of Schools to fill the teacher's position. Length of service for an administrator shall mean the individual's length of uninterrupted service in years, months, and calendar days in the Hingham Public Schools as a member of the teacher's bargaining unit.

ARTICLE XXIV TEACHER'S WORK YEAR, HOURS, WORK LOAD AND RESPONSIBILITIES

24.1            The parties acknowledge that the duties and responsibilities of teachers in fulfilling the demands of their profession go beyond prescribed limitations of time. They recognize that the partnership of the teacher-principal-superintendent should reflect a mutual concern for the development and maintenance of a superior educational program and that this overriding principle should govern the amount of time teachers devote to their professional responsibilities. Therefore, the requirements in this Article are intended merely to express the least that is expected of teachers in meeting their professional responsibilities.

24.2            Returning teachers will begin the work year no earlier than the Wednesday before Labor Day, and new teachers no earlier than the Monday before Labor Day and end no later than June 30, and will not be more than 185 days; nor less than 183 days, in duration (two of which shall be prior to the beginning of the school year and one of which shall be following the end of the school year). The Association recognizes that energy costs are burdensome and that changes in the work year may be necessary to save energy. Such changes must be discussed with the Association before being implemented. A Joint Calendar Committee shall meet annually to generate school calendar(s).

24.3            All teachers shall be on duty continuously during school hours in the schools to which they are respectively assigned and for such reasonable periods before and after school hours as their Principals and supervisors and/or the Superintendent shall deem necessary for the proper functioning of the educational program. Under normal circumstances, teachers are expected to be on duty at least ten (10) minutes before the starting times of their respective schools or prior to their first commitments, whichever is earlier. They are also expected to be available after school hours to fulfill dismissal duties and to provide additional help to students and to meet with parents by appointment.

24.4            A teacher's basic work load shall include classroom teaching and all relevant activity which must be carried out in order to insure quality teaching performance and the maintenance of professional status. Teacher-pupil relationships outside of the classroom are regarded as essential to the total education program of the school system. Therefore, teachers' responsibilities shall include participation in co-curricular activities.

24.5            Teachers shall be required to attend staff meetings. Reasonable advance notice, normally five (5) calendar days, shall be given for any staff meeting, except in emergencies. Unless excused by the Principal or supervisor, a teacher must attend all meetings called by the Administration or regional professional meetings for which released time is granted. The parties acknowledge that meetings are both an important part of a teacher's professional responsibilities and a time consuming addition to the job. In an effort to maintain a balance, representatives of the Association shall meet with the Superintendent or Assistant Superintendent annually to discuss the frequency, topics, duration, importance and necessity of staff meetings with the goal of reaching consensus agreement on such matters.

24.6            Recognizing that teacher involvement has been, and will continue to be, essential to the quality of the educational program, the parties reaffirm that teachers' responsibilities shall continue to include participation outside of regular school hours in curriculum and other committees which may be established and in discussions and conferences with Principals and other members of the Administration.

24.7            Secondary classroom teachers will not normally be assigned to more than twenty-five (25) teaching periods or equivalent modules per week, and will normally have at least five (5) duty-free preparation periods per week. When there is a possibility that a teacher's teaching schedule for the coming school year may not involve the same number of teaching periods each school day, the teacher will be given an opportunity to have input into the teaching schedule before it is finalized.

24.8            The normal pupil day shall not exceed six (6) hours and ten (10) minutes at the elementary level, and six (6) hours and forty (40) minutes at the secondary level. The length of the pupils' and teachers' day will be defined according to the building to which they are assigned. Junior High or middle school grades will follow the secondary schedule of hours.

24.9            Grade 7-12 teachers will not be required to teach more than two (2) academic area subjects or have more than three (3) teaching preparations within said subjects at any one time. Grade 6 teachers will not be required to teach more than three (3) academic area subjects or have more than three (3) teaching preparations within said subjects at any one time. If the secondary grade configuration changes, the parties will meet and confer regarding the number of academic subject areas and teaching preparations. Preparations shall not be construed to mean ability levels within a given classroom.

24.10         The Committee believes that the total educational program of the school system is enhanced by a professional staff that takes as active a role in community activities as their personal obligations allow. Therefore, teachers are encouraged to participate in the activities of School Councils, parent-teacher groups and other joint school-community organizations.

24.11         All elementary teachers will have a duty-free lunch period of at least thirty (30) minutes. In addition to a duty-free preparation period per day, secondary teachers will have a twenty-four (24) minute duty-free lunch period each day. The School District will implement a thirty (30) minute lunch period, if in its sole judgment, such is feasible and its judgment will not be subject to arbitration.

24.12         Except in cases of emergency which shall include, without limitation, instances in which specialist teachers are absent from work, elementary teachers, including elementary specialists, shall have duty free preparation periods averaging not less than two hundred and forty (240) minutes in each six (6) day cycle. At grades 1-5, this will generally be scheduled as six (6) forty (40) minute blocks. The foregoing shall not prevent this period from being utilized for teacher-parent conferences or other activities if the teacher agrees. A reasonable effort shall be made to provide daily forty (40) minute preparation periods, subject to operating needs.

24.13         Commuting to schools is not included in the definition of duty-free preparation period.

24.14         The President of the Association shall be relieved of all non-teaching duties. The President of the Association and her/his Principal/Supervisor will meet to discuss how this can be accomplished and, if they are unable to resolve the matter, the Superintendent will decide the matter and his/her decision will be final.

24.15         Prior to any classroom relocations, the building principal will develop and share with affected teachers a relocation plan, and will afford those teachers an opportunity to meet in advance of the relocations to discuss methods of mitigating their impact. Teachers whose classrooms are relocated will be provided in a timely manner with appropriate packing materials.

24.16         The duration of after-school faculty, department and elementary curriculum committee meetings will not typically exceed one to one and one-quarter hours.

24.17       Subject to operating needs, school principals shall endeavor to provide reasonable common planning time for teachers who are assigned with co-teaching schedules.

ARTICLE XXV CLASS SIZE

25.1            The parties recognize that class size is an important consideration in good education. They also recognize that the ultimate decision on such factors must rest with the Committee, which will endeavor to maintain teacher-pupil ratios which are consistent with its commitment to quality education. The Committee intends to adhere to its present policy in this regard, and, where possible, to improve such ratios.

25.2            The Superintendent shall report to the Committee for its consideration any instance in which the class size prescribed in its policy is exceeded.

25.3            The parties recognize that class composition, balance within and among departments or grades, and overall teacher load are also important considerations in determining student

assignments.   They recognize as well that the ultimate decision on such factors must rest with the administration, but acknowledge the value of teacher input in certain placement decisions.

ARTICLE XXVI USE OF SCHOOL FACILITIES

26.1            The Association will have the right to use school facilities without cost in accordance with Committee policy concerning such use.

26.2            Bulletin board space in each school building will be made available exclusively for the purpose of posting notices, circulars and other appropriate materials approved by the Association. All such materials must be signed by the teacher who posts the material and countersigned by the Association building representative. Copies of any such material must be given to the building Principal. No material shall contain anything controversial, political or reflecting upon the Committee, any of its members, or the Administration.

ARTICLE XXVII TEACHER EMPLOYMENT

27.1            The Superintendent will set the initial salary placement of each teacher entering the Hingham Public Schools in accordance with Committee policy.

27.2            Upon appointment, a teacher will be given a formal letter of appointment stating the course(s) and/or grade levels to which such teacher will be assigned.

27.3            A teacher employed part-time shall be paid a salary that bears the same relation to a full-time salary as the part-time teacher’s schedule bears to a full-time schedule. This means, for example, that in a department in which a full-time teacher teaches five classes a day, a part-time teacher who teaches three classes a day shall be paid a salary equal to three-fifths of a full-time salary. A teacher employed part-time shall be expected to perform duties that bear the same relation to the duties performed by a full-time teacher as the part-time teacher’s schedule bears to a full-time schedule.

27.4            At least forty-eight (48) hours prior to any deadline for signing a contract for employment for a bargaining unit position, an applicant will be given (a) a copy of the collective bargaining agreement and (b) a written summary of the health and life insurance benefits that are then available to active and retired teachers including the then current teacher premium costs for such benefits.

ARTICLE XXVIII TEACHER ASSIGNMENT

28.1 Teachers will be notified in writing of their tentative programs for the coming school year, including the schools to which they will be assigned, the grades and/or subjects they will teach, and any special or unusual classes that they will have, as soon as practicable and under normal circumstances not later than June 1 at the elementary level and August 5 at the secondary level. Teachers  will  be  advised   of   any  changes   made  in   their   programs   after  said  dates  as  soon  as practicable before the opening of school.    If a change is made after said dates, the teacher may discuss the change with his/her immediate supervisor.

28.2 Teachers will not be assigned, except temporarily and for good cause, outside the scope of their teaching certificates and/or their major and minor fields of study.

ARTICLE XXIX PROMOTIONS

29.1            Whenever the School District decides to fill permanently a promotional vacancy, written notice thereof will be given to the Association for posting on bulletin boards in the various schools or for other appropriate means of publication. A "promotional vacancy" shall mean any position carrying a salary differential. The notice shall specify the duties and qualifications therefor and rate of compensation. No vacancy will be filled except temporarily within fourteen (14) calendar days from the mailing of such notice to the Association.

29.2            Any qualified teacher, whether or not employed by the School District, may apply for a promotional vacancy. Due weight shall be given to professional background, attainments, experience, length of service for the School District, personal qualities and other relevant factors. Any teacher applicant employed by the School District who is not selected will receive written notification thereof and may request a meeting with the Superintendent to review the reasons therefore.

29.3            The School District may make acting or temporary appointments until vacancies are filled by permanent appointees. Any teacher who fills a vacancy on an acting or temporary basis shall be compensated for assuming the duties of the position at a per diem rate of one-one hundred eighty-fifth (1/185) of the applicable differential for the position.

ARTICLE XXX

POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL,

AND UNDER FEDERAL AND/OR STATE PROGRAMS

30.1 Reasonable advance notice of openings for positions in any summer school or evening school program or under any Federal and/or State program will be given members of the teaching staff. Consideration shall be given to a teacher applicant's area of competence, major and/or minor fields of study, quality of teaching performance and length of service in the Hingham School System. Such positions shall be filled first by qualified regularly appointed teachers in the Hingham School System, except that personnel employed under Federal and/or State programs during the regular school year shall have first consideration if such programs are continued during the summer. Teacher applicants for such positions shall be notified of the action taken regarding their applications as soon as reasonably possible.

ARTICLE XXXI

EVALUATION

(Note:   Sections 31.1 and 31.2 of this article do not apply to school nurses.)

31.1        All observation by any means for evaluating the professional performance of a teacher will be conducted openly and with full knowledge of the teacher. A teacher without professional teacher status will normally be evaluated twice a year and a teacher with professional teacher status will normally be evaluated in accordance with Hingham’s evaluation cycle, provided that in both cases a teacher may be evaluated more frequently when in the judgment of the Superintendent circumstances so warrant.

31.2            A teacher will be given a copy of any observation or evaluation report and an opportunity to discuss it with his immediate supervisor. Any teacher who is dissatisfied with his supervisor's observation or evaluation report may request a review of such observation or evaluation report by the next higher supervisor. If, after this review, the teacher is still dissatisfied, he may ask the Superintendent to review his observation or evaluation report. A teacher will be given a copy of the annual observation or evaluation report at least forty-eight (48) hours prior to the conference with the teacher's supervisor.

31.3            A teacher may, upon request, review the contents of his/her personnel file, except that all confidential references supplied by others will be removed. A teacher may have a representative of the Association present during any such review.

31.4            No material which the Superintendent or supervisor deems derogatory to a teacher's conduct, service, character or personality will be placed in such teacher's personnel file unless such teacher has had an opportunity to review the material. The teacher will acknowledge having had the opportunity to review such material by signing the copy to be filed; such signature, however, shall not be deemed to indicate agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent and attached to the file copy.

31.5            Any complaint about a teacher resulting in an adverse entry in the teacher's personnel file shall be called promptly to the attention of the teacher. If, as a result of a complaint about a teacher from a student, parent, non-administrator or a person outside the Hingham School System, an administrator intends to meet with the teacher, the teacher will be notified of the nature of the complaint and the name of the complainant twenty-four (24) hours prior to the meeting. The teacher may waive the notice period and an earlier meeting may be held if the administrator is agreeable. Such notification shall not be required when, in the sole judgment of the administrator, the circumstances are of such a serious nature that an earlier meeting is warranted.

31.6            No teacher shall be reprimanded, reduced in rank or compensation or deprived of any professional advantage without good cause.

31.7            The Association recognizes the responsibility of the Administration to promote excellence of instruction. The Association also recognizes the responsibility of members of the Administration to admonish teachers for delinquency of professional performance. The Association also acknowledges that nothing in this Article prohibits or restricts the filing of letters, memoranda or other written material which might aid in making a subsequent objective evaluation.

31.8            Evaluation for purposes of Commonwealth of Massachusetts teacher certification shall in no way be governed by the provisions of this Agreement and such evaluation shall not be considered in the determination of any personnel action taken or not taken with respect to any teacher other than action directly related to such teacher's having or not having required certification.

31.9            The procedures governing administrator sign-off for Individual Professional Development Plans (IPDPs) shall be as follows:

(a)           The principal or an appropriate department director shall be responsible for approving the Individual Professional Development Plans (IPDPs) of the elementary teachers. The principal or the department director shall be responsible for approving the IPDPs of the secondary teachers. In the case of shared staff, the superintendent shall designate the supervisor who is responsible for the approval of the IPDP for the duration of the teacher’s recertification cycle.

(b)           The IPDP will be submitted on the form available on the Department of Education website at:   www.doe.mass.edu/pd/ipdp.pdf.

(c)                 Each teacher will be provided with a copy of the District Professional Development Plan and the relevant School Improvement Plan no later than April 15 of each year.

(d)                 If a dispute arises as to any aspect of the IPDP, the teacher and the principal/department director shall meet and discuss the area of disagreement.

(e)                 If a principal/department director refuses to approve an IPDP, the reason for said refusal must be set forth in writing to the teacher.

(f)                  Approval of an IPDP shall not be unreasonably withheld.

(g)                 A teacher on a leave of absence shall be granted three (3) months from the date of return to work to obtain approval of the IPDP.

(h)           Educators who were issued standard certificates between October 1, 1994 and June 17, 1999 are not required to obtain either initial approval or final endorsement of IPDPs from a supervisor.

(i)            In the event that educators are no longer required, by regulation, to obtain initial approval or final endorsement of an IPDP for recertification, this procedure shall be declared null and void.

ARTICLE XXXII NON-INSTRUCTIONAL DUTIES

32.1 The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and that his/her energies should, to the extent reasonably practicable, be used to this end. The parties recognize, however, that teachers must perform certain duties in connection with the governance of students which are necessary to operate, manage and supervise the Hingham Public Schools properly and which may not be directly related to the teaching function.

Assignment of non-instructional duties shall be at the discretion of the principal who will consider input of Association representatives in the building (upon request by the Association representatives prior to development of the assignments), fairness and equity in the allocation of such responsibilities. Duties related to the governance and supervision of students will not include direction of traffic except in unplanned, unforeseen situations.

32.2            Teachers will not be required to drive students to activities which take place away from school buildings.

32.3            The parties recognize that classroom organization and set-up are the responsibility of the teacher. However, unusual circumstances such as the need to move entire classrooms, wings, or buildings may require consideration of administrative support. In such instances, building principals will notify the superintendent of any impending moves and will submit a proposal for supporting teacher efforts. Response to such proposals will be at the sole discretion of the superintendent, but a written response to the proposal will be provided within 30 days.

32.4            Whenever possible, the President of the Hingham Education Association's duty-free time shall commence no earlier than 9:00 a.m.

ARTICLE XXXIII TRANSFERS

33.1            Although the School District and the Association recognize that some transfer of teachers from one school to another is unavoidable, they also recognize that frequent transfer of teachers disrupts the educational process and interferes with optimum teacher performance.

33.2            When a reduction in the number of teachers is necessary, volunteers for transfer will be considered first. However, the decision on final building assignments will be made by the Superintendent and Principals(s).

33.3            When considering involuntary transfers, a teacher's area of competence, major and/or minor field of study, quality of teaching performance, length of service in the Hingham School System, personal qualities and other relevant factors will be considered in determining which teacher(s) is to be transferred. Teachers being involuntarily transferred will be transferred to duties bearing an appropriate relationship to their experience or prior duties.

33.4            A teacher under consideration for transfer will be given a personal conference with the appropriate Administrator and will be advised in writing when a decision is made.

33.5            A list of open positions in the Hingham Public Schools will be made available to all teachers being transferred. All such teachers who so request will be given reasonable time off for the purpose of visiting schools at which such openings exist.

33.6            Notice of transfer will be given to affected teachers as soon as practicable. Generally, such notice is given not later than June 1.

33.7            Exceptions to the provisions of Section 33.2 through 33.6 above may be made if the Administration determines that it is necessary to do so in the best interests of the teachers(s) and/or school(s) affected.

33.8            Teachers desiring a transfer will submit a written request to the Superintendent stating the assignment preferred. To be considered for the next school year, such requests must be submitted between start of school and April 1 of the current school year. Requests must be renewed each year.

ARTICLE XXXIV NO DISCRIMINATION

34.1            Neither the Committee nor the Association will discriminate against, restrain or coerce any teacher because of membership or non-membership in the Association or participation in its affairs or because of a teacher's race, color, creed, national origin, age, sex, marital status, or sexual orientation.

34.2            The Association will not arbitrate any case pursuant to this section if the teacher pursues a claim arising out of the same facts in any other forum. The Association will not bring to arbitration any claim under this section until the statute of limitations for claims in other forums has run.

ARTICLE XXXV CONTINUITY OF OPERATIONS

35.1            Neither the Association nor any Association officer, Association representative or teacher shall engage in, induce or encourage any strike (whether sympathetic, general or of any other kind), walkout, work stoppage, sit down, slow down, withholding of services, or any other interference with the operations of the school system. The School District agrees not to conduct a lockout.

35.2            The Association and its members, individually and collectively, agree that if there is a violation of Section 35.1, any or all teachers violating this clause will at the discretion of the School District be subject to disciplinary action, including discharge or suspension. Furthermore, the only question that will be subject to the grievance and arbitration procedure is that of participation or involvement as described above.

35.3            In the event of a violation of this Article, the School District or the Association, as the case may be, may at its option institute any or all proceedings in court at law or in equity or in arbitration pursuant to the procedure described in Article IV.

ARTICLE XXXVI RIGHTS OF COMMITTEE

36.1 The Committee is a public body established under and with the powers provided by the   Statutes   of   The   Commonwealth   of   Massachusetts.       It   is   acknowledged   that   as   elected representatives of the citizens of Hingham, the Committee has the responsibility for establishing educational policies and allocating resources for the Hingham Public Schools and the further responsibility for setting standards for the efficient and economical operation of the school system. The Committee has the final responsibility for establishing the educational policies of the public schools in Hingham.

36.2            Nothing in this Agreement shall be deemed to derogate or impair the powers, rights or duties conferred upon the Committee, Superintendent and Principals by the Statutes of the Commonwealth or the Rules and Regulations of any pertinent agency of the Commonwealth. Said rights and powers shall also include, but in no way are construed as limited to, the subjects mentioned in the table of contents of this Agreement and the right to establish standards of performance.

36.3            As to every matter expressly not covered by this Agreement, and except as expressly or directly modified by clear language in a specific provision of this Agreement, the Committee, Superintendent and Principals retains exclusively to themselves all rights and powers that it has or may hereafter be granted by law, and shall exercise the same without such exercise being made the subject of grievance or arbitration.

ARTICLE XXXVII EFFECT OF AGREEMENT

37.1            This instrument constitutes the entire Agreement of the Committee and the Association arrived at as the result of collective bargaining negotiations, except such amendments hereto as shall be reduced to writing and signed by the parties.

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

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

37.4            No provision of this Agreement shall be retroactive prior to the effective date.

37.5            Should any provision of this Agreement be or become invalid because of any existing or future provisions of law, court decision or administrative ruling, the remainder of this Agreement shall remain in full force and effect for the duration of this Agreement.

ARTICLE XXXVIII PRECEDENCE OF LAWS AND REGULATIONS

38.1 Achieving the educational objectives of the Hingham Public Schools is of paramount interest to the parties hereto, as well as in the public interest. In administering all matters covered by this Agreement, the School District and the Association are governed by the provisions of this Agreement and any existing or future laws and regulations and amendments thereto which may be applicable and this Agreement shall at all times be applied in accordance with and subject to such laws and regulations. Should any provisions of this Agreement be deemed to conflict with any such laws or regulations, it may become the subject matter of discussion by the parties hereto for the purpose of attempting to negotiate a substitute provision in compliance with the requirements of such laws or regulations.

ARTICLE XXXIX SALARIES

39.1            There are seven salary scales on the Regular Base Annual Salary Schedule which are based upon the following levels of educational preparation: Bachelor's Degree, Bachelor’s Degree plus 15 credits, Master's Degree, Master’s Degree plus 15 credits, Master’s Degree plus 30 credits, Master’s Degree plus 60 credits, and Doctorate Degree.

39.2                                    (a)           Schedule A1 sets forth the Regular Base Annual Salary Schedule, effective August 29, 2011 (the Monday immediately preceding Labor Day).

(b)                 Schedule A2 sets forth the Regular Base Annual Salary Schedule, effective August 27, 2012 (the Monday immediately preceding Labor Day).

(c)                 Schedule A3 sets forth the Regular Base Annual Salary Schedule, effective August 26, 2013 (the Monday immediately preceding Labor Day)

39.3        The Superintendent has full and complete authority to determine the initial salary placement of each new teacher. The parties recognize that there are a number of factors which may be considered by the School District as to salary placement in any particular case. These factors include, but are not limited to, qualifications and experience (teaching and non-teaching), needs of the school system, fiscal constraints, the availability of teacher applicants and other factors deemed relevant by the School District. The weight which is given to each such factor in any individual case shall be within the sole discretion of the Superintendent.

Each teacher who is offered employment shall be given a copy of the foregoing initial salary placement language for newly hired teachers and a copy of the salary schedule prior to signing the notice of appointment.

39.4        Advancement to higher salary scale on the Regular Base Annual Salary Schedule shall become effective with the first pay period after the earlier of September 1 or February 1, after receipt by the Superintendent of documentation from a College or University evidencing attainment of the higher level of educational preparation.

39.5            Normal progression on the Regular Base Annual Salary Schedule shall be one step on the applicable salary scale upon completion of each additional year of service in the Hingham School System.

39.6            Degrees and courses used for advancement to a higher salary scale are subject to the approval of the Superintendent and must be from a college or university accredited by any of the recognized accrediting organizations or the American Council on Education. Such approval shall be consistent with the practices existing in the Hingham Public Schools on the date of this Agreement except, however, effective August 29, 2007, all courses for advancement to a higher salary scale must be at the graduate level from an accredited college or university.

39.7            Advancement on the basic and extra-curricular salary schedules is granted at the discretion of the Superintendent, to teachers who continue to demonstrate a high standard of teacher performance and who qualify for increases in accordance with the School District's evaluation practice and procedures.

39.8            A teacher designated and serving in a coaching or an extra-curricular position listed in Schedules B or C hereto shall receive an addition to his/her base annual salary in an amount set forth in said Schedules B and C.

39.9            An amount equal to one one-hundred eighty-fifth (1/185) of his/her base annual salary shall be deducted from a teacher's pay for each day on which the teacher is absent, other than on leave with pay.

39.10         Base annual salaries shall be paid in twenty-six (26) installments during any 12-month school year, but they shall be deemed to have been earned pro rata according to the number of school days completed. A teacher being paid in twenty-six (26) installments may elect to receive on the same pay date that the teacher would receive the twenty-second installment a lump sum equivalent to the total salary which the teacher would have been paid between the close of school and the start of the following year, provided that the teacher so notifies the Superintendent in writing by May 1 just prior to the end of the school year. Effective September 1, 1995, teachers will receive their first installment during the first full week of school. A teacher may choose to be paid on the basis of twenty-one (21) installments throughout the school year. A teacher's payment format will continue from year to year unless the teacher notifies the Superintendent in writing not later than August 1 prior to the beginning of the school year that the teacher desires to change the payment format. Effective July 1, 2012, all payments under this section shall be made by direct deposit.

39.11         Teachers who are appointed to and work as Department Resource Teacher/Coordinators for Art, Music, Business, Library/Media, Industrial Technology, Health Education, Secondary Reading, Nursing, and Family and Consumer Science will receive a stipend at the annual rate of $2,958 effective August 29, 2011; $3,017 effective August 27, 2012; and $3,077 effective August 26, 2013. A teacher who is appointed to and works as the Audio Visual Coordinator will receive a stipend of $2,670 effective August 29, 2011; $2,723 effective August 27, 2012, and $2,777 effective August 26, 2013. In applying the increases, the School District shall calculate stipends to provide for equal amounts throughout the work year. Department Resource Teacher/Coordinators will not be assigned non-teaching duties.

39.12         Teachers will be reimbursed at the established Town of Hingham rate for use of their automobiles in connection with authorized travel in connection with their work.

39.13         School nurses shall be compensated in accordance with Schedule A, the Bachelor's Degree and Master's Degree Lanes only.

ARTICLE XL ASSOCIATION SERVICE FEE

40.1 This Association Service Fee provision shall be subject to Section 12 of Chapter 150E of the General Laws. For teachers hired on or after September 1, 1980, it shall be a condition of continued employment, if and when they are not members in good standing of the Association, that no later than the ninetieth (90th) day following their commencement of teaching or the effective date of this Agreement, whichever is later, they shall pay to the Association a service fee in an amount certified in writing by the Association to be in accordance with said Section 12 of Chapter 150E.

ARTICLE XLI EARLY NOTIFICATION OF RETIREMENT INCENTIVE

41.1            A teacher who has completed at least twenty (20) years of service as a teacher in the Hingham Public Schools and who has given the School District proper and irrevocable notice by June 1, 2000 or June 1 of any succeeding year of this contract that he/she will retire will be eligible for an early notification of retirement incentive payment. For purposes of this section, the term "early notification of retirement" shall mean retirement at the end of the school year next following the one in which notice is given. In order to be eligible for this incentive, a teacher must furnish evidence from the Teachers Retirement Board that he/she will be eligible for retirement and must not be eligible to participate in any other early retirement program, including a program established pursuant to the Education Reform Act of 1993. Notice of intention to retire is final and irrevocable and a teacher electing early retirement must leave the employ of the Hingham Public Schools effective on the date specified in the written notice. The early notification of retirement incentive payment will be paid in a lump sum on the first pay date after July 1 of the retirement year.

41.2            The amount of the early notification of retirement incentive payment will be 16% of the final year’s salary.

41.3            A nurse who retires not earlier than her/his 55th birthday and who has given the Superintendent at least eighteen (18) months notice of retirement and who upon the date of retirement has completed at least twenty (20) years of service in the Hingham Public Schools and has at least 100 days of unused sick leave shall receive a retirement incentive as follows:

Days of Accumulated Sick Leave at Retirement                         Amount of Retirement Incentive

at least 100 but less than 200                                                          $500

at least 200 but less than 250                                                          $1,000

at least 250                                                                                          $2,000

ARTICLE XLII PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

42.1            The Committee will reimburse a teacher for tuition and fees for college course(s) or professional training school course(s) approved by the Superintendent which are taken with the advance written approval of the teacher's immediate supervisor and the Superintendent. A teacher may be reimbursed only for course(s) commenced after the completion of his first full year of teaching in the Hingham Public Schools.

42.2            Subject to a maximum of $800 per year for any individual teacher, full reimbursement shall be provided towards the cost of tuition for a course.

42.3            To receive reimbursement the teacher must: (a) complete the course(s) with a grade of at least B-or equivalent, (b) present to the Superintendent the official transcript of the course(s) and grade(s) and a receipted bursar's bill within thirty (30) days after issuance of final grades, but not later than June 15 of any year, and (c) not be receiving financial assistance for such course(s) from any other source (e.g., scholarship, G. I. Bill).

42.4            Teachers who are assigned to participate in or facilitate or present at curriculum workshops shall be compensated at the per hour rate of $37.74 effective in the first year of the agreement; $38.87 effective in the second year; and $40.04, effective in the final year, for the number of hours agreed upon between the teacher and the Administration. The rate will remain at 40.04 unless otherwise changed.

42.5            Teachers who serve as Mentoring Chairs shall receive a stipend of $1,759 during the 2010-2011 school year; $1,794 during the 2011-2012 school year; $1,830 during the 2012-2013 school year; and $1,867 during the 2013-2014 school year. Teacher Mentors shall receive a stipend of $637 during the 2010-2011 school year; $650 during the 2011-2012 school year; $663 during the 2012-2013 school year; and $676 during the 2013-2014 school year. School-based Mentoring Coordinators shall receive a stipend of $1,244 during the 2010-2011 school year; $1,269 during the 2011-2012 school year; $1,294 during the 2012-2013 school year; and $1,320 during the 2013-2014 school year and subsequent years unless otherwise changed.

ARTICLE XLIII JOINT COMMITTEE

43.1 There shall be a joint committee comprised of four (4) representatives appointed by the Superintendent and four (4) representatives appointed by the President of the Association which will meet quarterly if the Association determines that there are matters of mutual concern to be discussed. It is understood that nothing discussed shall be deemed to change or modify the Agreement and any disagreements which are not otherwise grievable shall not be subject to grievance and arbitration.

ARTICLE XLIV

OPPORTUNITIES FOR CERTAIN PART-TIME TEACHERS

TO RETURN TO FULL-TIME STATUS

44.1 A part-time teacher who was hired prior to September 1, 1992, will, upon request, be given priority over outside applicants in filling full-time vacancies which arise in the discipline in which the teacher teaches, provided, however, that the School District shall not be obligated to grant more than two (2) such requests in any contract year. A part-time teacher will be given such priority as long as such teacher is fully qualified to perform the duties of the position.

ARTICLE XLV LONGEVITY

45.1        LONGEVITY PLAN A

Teachers shall be eligible for longevity pay in accordance with the following schedule:

Length of Continuous Service in the Hingham Public Schools

Annual Amount of Longevity Pay as of September 1 of the Year in Which Payment Takes Place

Effective

Sept. 2011

Sept. 2013

At least 15 years, but less than 20 years

$650

$1,650

At least 20 years, but less than 25 years

$750

$2,250

At least 25 years, but less than 30 years

$850

$2,600

30 years or more

$950

$2,950

Longevity pay shall be paid as follows: One-half (1/2) of the applicable annual amount shall be payable as of December 31 to each eligible teacher and one-half (1/2) of the applicable annual amount shall be payable as of June 30. Notwithstanding the foregoing, longevity pay for a teacher who is retiring with a pension from the employ of the Committee shall be pro-rated from the date of the last longevity adjustment to the first day of the month in which the teacher retires. In order to be eligible to receive any longevity payment, a teacher must have been in paid status (other than on workers' compensation) for at least half of the work days during the preceding six (6) month period.

45.2        LONGEVITY PLAN B

45.21 Bargaining unit members with twenty (20) completed years of service in the Hingham Public Schools by September 1 of the school year in which the payments shall commence may elect longevity payments for the three (3) consecutive years following the member's application and acceptance under the provisions of Article XLV in the following amounts:

First year of participation                  $4,000

Second year of participation     $4,000

Third year of participation                $4,000

45.22     Longevity payments specified in Section 45.1 (Longevity Plan A) of this Article will cease upon application and acceptance into Longevity Plan B. No member who is receiving or has received payments under Longevity Plan B shall receive payments under Longevity Plan A. Discontinuation in Longevity Plan A shall become effective on September 1 of the school year in which the member receives his/her first payment of four thousand ($4,000.) dollars.

45.23         Eligibility to participate in the early notification of retirement incentive in Article XLI will cease upon application and acceptance into Longevity Plan B.

45.24         Bargaining unit members will be entitled to the entire sum of twelve thousand ($12,000.) dollars regardless of date of termination, but for a given year, a bargaining unit member shall not receive payment if, prior to the payment date in that year, the bargaining unit member has resigned employment with the District, but this shall not affect any entitlement to longevity payments in subsequent years. Payments will continue until the remaining credit is exhausted if an entitled unit member resigns, retires or otherwise severs his/her employment with the Hingham Public Schools.

45.25         Members shall be allowed to elect and accept Longevity Plan B only once during their employ by the Town of Hingham and the Hingham Public Schools.

45.26         Participation in Longevity Plan B is irrevocable thirty (30) days after receipt of notification of acceptance into the Plan.

45.27         Application for Longevity Plan B shall be made on the Longevity Plan B Application Form attached hereto as Exhibit B. Applications must be submitted to the Superintendent on or before January 30, 2004, for participation during school year 2004-2005, and on or before October 15th of the school year prior to the school year in which the payments are to begin for every year thereafter.

ARTICLE XLVI STUDY COMMITTEES

46.1 A joint committee shall be established for the purpose of discussing the scheduling, frequency and duration of meetings. The joint study committee shall be comprised of three (3) members appointed by the School Committee and three (3) members appointed by the Association President. The joint study committee shall convene its first meeting no later than October 17, 2011 unless extended by mutual agreement and shall complete its work no later than November 30, 2011. The joint study committee shall present its recommendations, if any, to the respective bargaining teams on or before December 9, 2011. It is expressly understood that no changes shall be made to the parties’ Collective Bargaining Agreement regarding meetings unless an agreement concerning meetings is reached and ratified by the Association membership and approved by the Committee.

ARTICLE XLVII DURATION

47.1 This Agreement shall become effective as of August 29, 2011, and shall remain in effect to and including August 24, 2014. Either party to this Agreement may initiate negotiations for a successor agreement to this Agreement to be effective on or after August 25, 2014, by tendering written notice to the other party on or after August 31, 2013.

IN WITNESS WHEREOF the parties hereto have caused these presents to be signed and delivered by their duly authorized representatives as of the day and year first above written.

HINGHAM      EDUCATION ASSOCIATION                                 HINGHAM SCHOOL COMMITTEE

By_____________________________________      By_______________________________________

By_____________________________________      By_______________________________________

By_____________________________________      By_______________________________________

By_____________________________________      By_______________________________________

SCHEDULE    A-1

BASE ANNUAL SALARIES Effective School Year 2011-2012

Step

Bachelor's

Bachelors + 15

Master's

Masters + 15

Masters + 30

Masters + 60

Doctorate

 

Degree

Degree*

Degree

Degree

Degree

Degree

Degree

1

41,893

43,734

45,573

47,397

49,222

51,384

53,542

2

43,701

45,617

47,536

49,438

51,341

53,595

55,846

3

45,573

47,577

49,580

51,561

53,542

55,897

58,250

4

47,536

49,626

51,717

53,782

55,846

58,302

60,758

5

49,580

51,755

53,928

56,089

58,250

60,811

63,373

6

51,717

53,984

56,251

58,504

60,758

63,426

66,093

7

53,928

56,298

58,664

61,018

63,373

66,157

68,939

8

57,454

59,983

62,514

65,014

67,515

70,478

73,441

9

59,928

62,562

65,195

67,808

70,421

73,510

76,597

10

65,442

67,443

69,443

72,215

74,988

78,280

81,571

11

66,751

68,792

74,246

76,229

78,212

81,649

85,082

12

68,086

70,168

75,730

79,679

83,628

87,302

90,973

13

69,448

71,571

77,245

81,273

85,300

89,047

92,792

14

70,837

73,002

78,790

82,897

87,006

90,828

94,648

* Only credits earned after 9/1/95 may be counted

SCHEDULE    A-2 BASE ANNUAL SALARIES Effective School Year 2012-2013

Step

Bachelor's

Bachelors + 15

Master's

Masters + 15

Masters + 30

Masters + 60

Doctorate

 

Degree

Degree*

Degree

Degree

Degree

Degree

Degree

1

42,731

44,609

46,484

48,345

50,206

52,412

54,613

2

44,575

46,529

48,487

50,427

52,368

54,667

56,963

3

46,484

48,529

50,572

52,592

54,613

57,015

59,415

4

48,487

50,619

52,751

54,858

56,963

59,468

61,973

5

50,572

52,790

55,007

57,211

59,415

62,027

64,640

6

52,751

55,064

57,376

59,674

61,973

64,695

67,415

7

55,007

57,424

59,837

62,238

64,640

67,480

70,318

8

58,603

61,183

63,764

66,314

68,865

71,888

74,910

9

61,127

63,813

66,499

69,164

71,829

74,980

78,129

10

66,751

68,792

70,832

73,659

76,488

79,846

83,202

11

68,086

70,168

75,731

77,754

79,776

83,282

86,784

12

69,448

71,571

77,245

81,273

85,301

89,048

92,792

13

70,837

73,002

78,790

82,898

87,006

90,828

94,648

14

72,254

74,462

80,366

84,555

88,746

92,645

96,541

* Only credits earned after 9/1/95 may be counted

SCHEDULE    A-3 BASE ANNUAL SALARIES Effective School Year 2013-2014

Step

Bachelor's

Bachelors + 15

Master's

Masters + 15

Masters + 30

Masters + 60

Doctorate

 

Degree

Degree*

Degree

Degree

Degree

Degree

Degree

1

43,586

45,501

47,414

49,312

51,210

53,460

55,705

2

45,467

47,460

49,457

51,436

53,415

55,760

58,102

3

47,414

49,500

51,583

53,644

55,705

58,155

60,603

4

49,457

51,631

53,806

55,955

58,102

60,657

63,212

5

51,583

53,846

56,107

58,355

60,603

63,268

65,933

6

53,806

56,165

58,524

60,867

63,212

65,989

68,763

7

56,107

58,572

61,034

63,483

65,933

68,830

71,724

8

59,775

62,407

65,039

67,640

70,242

73,326

76,408

9

62,350

65,089

67,829

70,547

73,266

76,480

79,692

10

68,086

70,168

72,249

75,132

78,018

81,443

84,866

11

69,448

71,571

77,246

79,309

81,372

84,948

88,520

12

70,837

73,002

78,790

82,898

87,007

90,829

94,648

13

72,254

74,462

80,366

84,556

88,746

92,645

96,541

14

73,699

75,951

81,973

86,246

90,521

94,498

98,472

* Only credits earned after 9/1/95 may be counted

SCHEDULE B1:                            COACHING STIPENDS     2011-2012

Sport or Activity

Position

Step 1

Step 2

Step 3

Football

Head

5,808

7,137

8,468

 

Assistant

3,734

4,399

5,061

 

Junior Varsity

3,568

4,232

4,900

 

Assistant Junior Varsity

2,592

2,974

3,353

 

Freshman

3,568

4,232

4,900

 

Assistant Freshman

2,245

2,573

2,903

Soccer

Head

4,005

4,726

5,271

 

Assistant

2,396

2,703

3,168

 

Freshman

2,088

2,396

2,703

Cross Country

Head

3,998

4,726

5,271

 

Assistant

1,560

1,793

2,160

Winter Track

Head

4,234

5,062

6,226

 

Assistant

2,910

3,421

4,104

Basketball

Head

4,232

5,061

6,226

 

Assistant

2,910

3,421

4,104

 

Freshman

2,656

3,185

3,720

Hockey

Head

4,234

5,062

6,226

 

Assistant

2,838

3,339

4,007

 

Junior Varsity

2,610

3,071

3,682

Baseball

Head

3,998

4,723

5,271

 

Assistant

2,710

3,057

3,581

 

Freshman

2,355

2,710

3,057

Track

Head

4,004

4,728

5,271

 

Assistant

2,676

3,022

3,533

Tennis

Head

3,300

3,972

4,456

 

Assistant

2,351

2,570

3,129

Golf

Head

2,600

3,221

3,640

Gymnastics

Head

3,291

3,927

4,770

Wrestling

Head

4,292

5,120

6,226

 

Assistant

3,150

3,615

4,079

Softball

Head

3,998

4,723

5,271

 

Assistant

2,710

3,057

3,581

Lacrosse

Head

3,998

4,726

5,271

 

Assistant

2,518

2,840

3,327

 

Freshman

2,191

2,518

2,840

Field Hockey

Head

4,005

4,727

5,271

 

Assistant

2,758

3,108

3,645

 

Freshman

2,402

2,758

3,108

Cheerleaders

Head - Football

2,600

3,221

3,640

 

Head – Basketball

1,560

1,793

2,160

Skiing

Head

3,050

3,506

4,224

Sailing

Head

2,600

3,221

3,640

Intramural coaching will be compensated at the rate of $25.50 per hour.

SCHEDULE B2:                            COACHING STIPENDS     2012-2013

Sport or Activity

Position

Step 1

Step 2

Step 3

Football

Head

5,924

7,280

8,637

 

Assistant

3,809

4,487

5,162

 

Junior Varsity

3,639

4,317

4,998

 

Assistant Junior Varsity

2,644

3,033

3,420

 

Freshman

3,639

4,317

4,998

 

Assistant Freshman

2,290

2,624

2,961

Soccer

Head

4,085

4,821

5,376

 

Assistant

2,444

2,757

3,231

 

Freshman

2,130

2,444

2,757

Cross Country

Head

4,078

4,821

5,376

 

Assistant

1,591

1,829

2,203

Winter Track

Head

4,319

5,163

6,351

 

Assistant

2,968

3,489

4,186

Basketball

Head

4,317

5,162

6,351

 

Assistant

2,968

3,489

4,186

 

Freshman

2,709

3,249

3,794

Hockey

Head

4,319

5,163

6,351

 

Assistant

2,895

3,406

4,087

 

Junior Varsity

2,662

3,132

3,756

Baseball

Head

4,078

4,817

5,376

 

Assistant

2,764

3,118

3,653

 

Freshman

2,402

2,764

3,118

Track

Head

4,084

4,823

5,376

 

Assistant

2,730

3,082

3,604

Tennis

Head

3,366

4,051

4,545

 

Assistant

2,398

2,621

3,192

Golf

Head

2,652

3,285

3,713

Gymnastics

Head

3,357

4,006

4,865

Wrestling

Head

4,378

5,222

6,351

 

Assistant

3,213

3,687

4,161

Softball

Head

4,078

4,817

5,376

 

Assistant

2,764

3,118

3,653

Lacrosse

Head

4,078

4,821

5,376

 

Assistant

2,568

2,897

3,394

 

Freshman

2,235

2,568

2,897

Field Hockey

Head

4,085

4,822

5,376

 

Assistant

2,813

3,170

3,718

 

Freshman

2,450

2,813

3,170

Cheerleaders

Head - Football

2,652

3,285

3,713

 

Head - Basketball

1,591

1,829

2,203

Skiing

Head

3,111

3,576

4,308

Sailing

Head

2,652

3,285

3,713

Intramural coaching will be compensated at the rate of $26.01 per hour.

SCHEDULE B3:                            COACHING STIPENDS     2013-2014

Sport or Activity

Position

Step 1

Step 2

Step 3

Football

Head

6,042

7,426

8,810

 

Assistant

3,885

4,577

5,265

 

Junior Varsity

3,712

4,403

5,098

 

Assistant Junior Varsity

2,697

3,094

3,488

 

Freshman

3,712

4,403

5,098

 

Assistant Freshman

2,336

2,676

3,020

Soccer

Head

4,167

4,917

5,484

 

Assistant

2,493

2,812

3,296

 

Freshman

2,173

2,493

2,812

Cross Country

Head

4,160

4,917

5,484

 

Assistant

1,623

1,866

2,247

Winter Track

Head

4,405

5,266

6,478

 

Assistant

3,027

3,559

4,270

Basketball

Head

4,403

5,265

6,478

 

Assistant

3,027

3,559

4,270

 

Freshman

2,763

3,314

3,870

Hockey

Head

4,405

5,266

6,478

 

Assistant

2,953

3,474

4,169

 

Junior Varsity

2,715

3,195

3,831

Baseball

Head

4,160

4,913

5,484

 

Assistant

2,819

3,180

3,726

 

Freshman

2,450

2,819

3,180

Track

Head

4,166

4,919

5,484

 

Assistant

2,785

3,144

3,676

Tennis

Head

3,433

4,132

4,636

 

Assistant

2,446

2,673

3,256

Golf

Head

2,705

3,351

3,787

Gymnastics

Head

3,424

4,086

4,962

Wrestling

Head

4,466

5,326

6,478

 

Assistant

3,277

3,761

4,244

Softball

Head

4,160

4,913

5,484

 

Assistant

2,819

3,180

3,726

Lacrosse

Head

4,160

4,917

5,484

 

Assistant

2,619

2,955

3,462

 

Freshman

2,280

2,619

2,955

Field Hockey

Head

4,167

4,918

5,484

 

Assistant

2,869

3,233

3,792

 

Freshman

2,499

2,869

3,233

Cheerleaders

Head - Football

2,705

3,351

3,787

 

Head - Basketball

1,623

1,866

2,247

Skiing

Head

3,173

3,648

4,394

Sailing

Head

2,705

3,351

3,787

SCHEDULE C    EXTRA-CURRICULAR STIPENDS

:

2011-2012

2012-2013

2013-2014

High School

 

 

 

 

Sport or Activity

Position

 

 

 

Drama

Director

4,128

4,211

4,295

 

Musical Director

2,327

2,374

2,421

 

Choreographer

1,652

1,685

1,719

 

Producer - Musical

1,323

1,349

1,376

 

Festival Director

3,246

3,311

3,377

 

Assistant Festival Director

1,622

1,654

1,687

Drama Spring Production

Director

4,128

4,211

4,295

 

Assistant Director

1,621

1,653

1,686

GSA

Advisor

1,173

1,196

1,220

Newspaper

Advisor

2,943

3,002

3,062

Literary Magazine

Advisor

1,173

1,196

1,220

Yearbook

Advisor

2,943

3,002

3,062

 

Assistant

1,474

1,503

1,533

Senior Video

Advisor

1,173

1,196

1,220

Music

Jazz Band

4,128

4,211

4,295

 

Choral Spectrum

4,128

4,211

4,295

 

Freshmen Choral Spectrum

2,327

2,374

2,421

 

Chamber Orchestra

4,128

4,211

4,295

 

Wind Ensemble

2,327

2,374

2,421

Biology

Advisor

1,173

1,196

1,220

Oceanography

Advisor

1,173

1,196

1,220

Class Advisor

Grades   9 and 10

1,659

1,692

1,726

Class Advisor

Grades 11 and 12

1,825

1,862

1,899

Amnesty International

Advisor

1,173

1,196

1,220

Student Council

Advisor

2,942

3,001

3,061

National Honor Society

Advisor

1,658

1,691

1,725

Math Team

Advisor

1,213

1,237

1,262

Language Clubs

Advisor

1,173

1,196

1,220

SADD

Advisor

1,173

1,196

1,220

Intergenerational Club

Advisor

1,173

1,196

1,220

Thespian/Drama

Director

1,173

1,196

1,220

Model UN

Advisor

1,173

1,196

1,220

Debate Club

Advisor

1,173

1,196

1,220

WHHS

Advisor

1,173

1,196

1,220

Volunteer Club

Advisor

1,173

1,196

1,220

Senior Projects

Advisor

1,659

1,692

1,726

ADL

Advisor

3,446

3,515

3,585

 

Assistant Advisor

1,724

1,758

1,793

AFS Club

Advisor

1,173

1,196

1,220

Best Buddies

Advisor

1,173

1,196

1,220

Dance

Advisor

1,173

1,196

1,220

Middle School

 

 

 

 

Sport or Activity

Position

 

 

 

Drama

Director

3,246

3,311

3,377

 

Musical Director

2,327

2,374

2,421

 

Choreographer

2,327

2,374

2,421

 

Producer - Musical

665

678

692

Newspaper

Advisor

1,173

1,196

1,220

Literary Art Magazine

Advisor

1,173

1,196

1,220

Yearbook

Advisor

2,480

2,530

2,581

Music

Choral Spectrum

2,327

2,374

2,421

 

Chamber Orchestra

2,327

2,374

2,421

 

Jazz Band

2,327

2,374

2,421

Class Advisors

 

1,659

1,692

1,726

Language Clubs

Advisor

1,173

1,196

1,220

Explorers and Science

Advisor

1,173

1,196

1,220

Science Olympics

Advisor

1,173

1,196

1,220

Adventurers Club

Advisor (3 @ 2,432 each)

2,480

2,530

2,581

Homework Club

Advisor

1,173

1,196

1,220

New Clubs – First Year

Advisor

587

599

611

Intramural coaching will be compensated at the rate of $26.53 per hour.

Exhibit A

MEMORANDUM OF AGREEMENT

BETWEEN

THE HINGHAM EDUCATION ASSOCIATION

AND

THE HINGHAM SCHOOL COMMITTEE

This MEMORANDUM OF AGREEMENT is entered into by and between the Hingham School Committee (hereinafter the "Committee") and the Hingham Education Association, Bargaining Unit A (hereinafter the "Association").

WHEREAS, the Committee and the Association had entered into a collective bargaining agreement for the period September 1, 2007 through and including August 31, 2010 (the "Collective Bargaining Agreement"); and

WHEREAS, the Committee and the Association have, pursuant to Massachusetts General Laws Chapter 150E, negotiated the terms of a successor agreement for the one year period September 1, 2010 through and including August 28, 2011;

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, and subject to ratification by the Association and approval by the Committee, it is agreed as follows:

The terms and conditions set forth in the Collective Bargaining Agreement shall continue in full force and effect without change for the period September 1, 2010, through and including August 28,2011.

[remainder of page intentionally left blank]

WHEREFORE, the Committee and the Association have caused this MEMORANDUM OF

AGREEMENT to be executed by their duly-authorized representatives.

________________________________________         ______________________________________

Hingham School Committee   Date                                       Hingham Education Association (Unit A)      Date

________________________________________         ______________________________________

Hingham School Committee   Date                                       Hingham Education Association (Unit A)      Date

________________________________________         ______________________________________

Hingham School Committee   Date                                       Hingham Education Association (Unit A)      Date

________________________________________         ______________________________________

Hingham School Committee   Date                                       Hingham Education Association (Unit A)      Date

________________________________________         ______________________________________

Hingham School Committee   Date                                       Hingham Education Association (Unit A)      Date

________________________________________         ______________________________________

Hingham School Committee   Date                                       Hingham Education Association (Unit A)      Date

________________________________________         ______________________________________

Hingham School Committee   Date                                       Hingham Education Association (Unit A)      Date

Exhibit B

Hingham Public Schools Longevity Plan B Application Form

Article XLV Longevity

45.21      Bargaining unit members with twenty (20) completed years of service in the Hingham Public Schools (and who have not participated in any prior version of this Longevity Plan B) may elect longevity payments for the three (3) consecutive years, following the member's application and acceptance, under the provisions of Article XLV in the following amounts:

First year of participation                  $4,000

Second year of participation             $4,000

Third year of participation                $4,000

45.22         Longevity payments specified in Section 45.1 (Longevity Plan A) of this Article will cease upon application and acceptance into Longevity Plan B. No member who is receiving or has received payments under Longevity Plan B shall receive payments under Longevity Plan A. Discontinuation in Longevity Plan A shall become effective on September 1 of the school year in which the member receives his/her first payment of four thousand ($4,000.) dollars.

45.23         Eligibility to participate in the early notification of retirement incentive in Article XLI will cease upon application and acceptance into Longevity Plan B.

45.24         Bargaining unit members will be entitled to the entire sum of twelve thousand ($12,000.) dollars regardless of date of termination, but for a given year, a bargaining unit member shall not receive payment if, prior to the payment date in that year, the bargaining unit member has resigned employment with the District, but this shall not affect any entitlement to longevity payments in subsequent years. Payments will continue until the remaining credit is exhausted if an entitled unit member resigns, retires or otherwise severs his/her employment with the Hingham Public Schools.

45.25         Members shall be allowed to elect and accept Longevity Plan B only once during their employ by the Town of Hingham and the Hingham Public Schools.

45.26         Participation in Longevity Plan B is irrevocable thirty (30) days after receipt of notification of acceptance into the Plan.

45.27         Applications must be submitted on or before October 15th of the school year prior to the school year in which the payments are to begin for every year thereafter.

I wish to participate in the Longevity Plan B beginning in the 20____- 20____ school year and have read and accepted the above terms and conditions of this benefit.

_____________________________________________       ________________________________

Signature                                                                                               Date

This application must be returned to the Superintendent's Office on or before October 15th.

FYI: The MA Teachers Retirement System has determined that Longevity B payments are no longer considered “pensionable” earnings, i.e. they will not be factored into the calculation of a member’s retirement pay.