Hopkinton

AGREEMENT

BETWEEN THE

HOPKINTON SCHOOL COMMITTEE

AND THE

HOPKINTON TEACHERS’ ASSOCIATION

HOPKINTON, MASSACHUSETTS

SEPTEMBER 1, 2011

TO

AUGUST 31, 2012

 

THIS AGREEMENT IS MADE AND ENTERED INTO ON THIS DATE, BY AND BETWEEN THE HOPKINTON SCHOOL COMMITTEE (HEREINAFTER REFERRED TO AS THE COMMITTEE) AND THE HOPKINTON TEACHERS' ASSOCIATION (HEREINAFTER REFERRED TO AS THE ASSOCIATION).

SCOPE

For the purpose of collective bargaining with respect to wages, hours, other conditions of employment, the negotiation of collective bargaining agreements, and any questions arising thereunder, the Committee recognizes the Association as the exclusive bargaining agent for all classroom teachers, special needs teachers, guidance counselors, school adjustment counselors, social workers, psychologists, librarians, art teachers, music teachers, physical education teachers, speech and language therapists, occupational therapists, physical therapists, team chairpersons, department heads and no other professional or nonprofessional employees of the Hopkinton Public Schools (as such employees are defined in Chapter 150E of the General Laws of Massachusetts). The Superintendent shall continue to have the discretion as to step placement on the salary schedule upon initial hire for occupational therapists and physical therapists.

PREAMBLE

Recognizing that our primary purpose is to provide education of the highest possible quality for the children of Hopkinton, and that good morale within the teaching staff of Hopkinton is essential to achievement of that purpose, we, the undersigned parties to this contract, declare that:

A.            under the laws of Massachusetts, the Committee, elected by citizens of Hopkinton, has the responsibility for establishing the education policies of the public schools of

Hopkinton;

B.            the Superintendent of Schools of Hopkinton (hereinafter referred to as the Superintendent) has responsibility for carrying out the policies so established;

C.            the teaching staff of the public schools of Hopkinton has the responsibility for providing education of the highest possible quality in the schools;

D.            fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between the Committee, the Superintendent, and the teaching staff in the formulation and application of policies relating to wages, hours, and other conditions of employment for the teaching staff; and so, to give effect to these declarations, the following principles and procedures are hereby adopted.

ARTICLE I                          NEGOTIATION PROCEDURE

Not later than November 15 of the calendar year preceding the calendar year in which this agreement expires, the Committee agrees to enter into negotiations with the Association over a successor agreement. Any agreement so negotiated will apply to all teachers and will be reduced to writing and signed by the Committee and the Association.

ARTICLE II                        PAYROLL DEDUCTIONS

A.            The Committee agrees to deduct from the salary of any teachers so requesting, dues for the local Teachers' Association, the Massachusetts Teachers' Association and the National Education Association and such monies as may be agreed upon from year to year between the Committee and the Association. The teacher's authorization will be in writing in the form set forth below.

PAYROLL DEDUCTION CARD

NAME ___________________________________

ADDRESS ___________________________________

I hereby request and authorize the Hopkinton School Committee to request and direct the Town Treasurer to deduct from my earnings and transmit to the group below an amount sufficient to provide for regular payment to the group or groups below in equal monthly payments. I understand that the Committee will discontinue such deductions only if I give the Committee sixty (60) calendar days' advance written notice to do so. I hereby waive all rights and claims for monies so deducted and transmitted in accordance with this authorization and relieve the Committee and all of its officers from any liability therefrom.

ORGANIZATIONS

National Education Association                                       $ ______________________________

Massachusetts Teachers' Association                             $ ______________________________

Hopkinton Teachers' Association                                                     $______________________________

TOTAL                                  $______________________________

Teacher's Signature ______________________________

Date ______________________________

B.            Each of the Associations named in Section A above must certify to the Committee in writing the current rate of its membership dues. Any Association which intends to change the rate of its membership dues must give the Committee thirty (30) calendar days' written notice prior to the effective date of such changes.

C.            The Committee will not be required to honor for any month's deduction, any authorization that is delivered to it later than one (1) week prior to the distribution of the payroll from which the deductions are to be made.

D.            No later than October 15^th of each year, the Committee will provide the Association with a list of those employees who have voluntarily authorized the Committee to deduct dues for any of the Associations named in Section A above. The Committee will notify the Association monthly of any changes in said list.

E.            All employees in the bargaining unit who are not dues-paying members of the Association and its affiliates shall be required, as a condition of employment, to pay an agency service fee. The amount of such agency service fee shall be equal to the amount required to become a member and remain a member in good standing of the Association and its affiliates.

Any employee required to pay an agency service fee shall receive a pro rata rebate of agency service payments prior to the commencement of the new school year for expenditures by the Association and its affiliates for matters cited in Massachusetts General Laws, Chapter 150E, Section 12, as amended. It is understood that the amount of the rebate will be fifteen percent (15%) or more depending on such expenditures for any given year.

At the expiration of thirty (30) days after the ratification of the agreement or at the expiration of thirty (30) days following an employee's initial employment, the Association shall provide to the Committee a list of those teachers who have not paid the agency fee or given authorization for the deduction of the agency service fee (as provided by Massachusetts General Laws, Chapter 180, Section 17G). The Committee shall take appropriate steps within three (3) weeks of such notification to require payment of the agency service fee.

F.             New employees will be notified in writing of all benefits and that the Collective Bargaining Agreement includes an agency fee provision if the employee does not join the Hopkinton Teachers' Association.

ARTICLE III                       GRIEVANCE PROCEDURE

Definition:

For the purpose of this agreement, a grievance will be defined as a dispute between a member of the bargaining unit covered by this agreement or the Association and the Committee over the interpretation or application of an expressed written provision of this agreement, or, the alleged inequitable or discriminatory treatment of a teacher or teachers.

A.            GENERAL

1.                   A grievance will be deemed waived unless it is submitted at the appropriate entry level within fifteen (15) school days after the aggrieved party knew or should have known of the event or condition on which it is based.

2.                   Failure at any level of this procedure to appeal the grievance to the next level within ten (10) school days of the receipt of the written response will be deemed to be a termination of the grievance. Time limits may, however, be extended by mutual agreement.

3.                   An employee will first take up the concern with his or her principal on an informal basis. The employee may bring a representative of the Association.

4.                   When an individual is involved in a matter considered to be in violation of the contract, nothing will prevent that individual from presenting a formal grievance.

5.                   Submission of a grievance and response made under the formal grievance procedure contained herein will be in writing.

6.                   During summer recess all days will be calendar days, excluding Saturday, Sunday, and holidays.

7.                   If a member of the bargaining unit is suspended or dismissed by the principal, any grievance shall be submitted at Level 1, 2 and 4. If a member of the bargaining unit is suspended or dismissed by the Superintendent, any grievance shall be submitted at Level 2 and 4.

B.            FORMAL GRIEVANCE PROCEDURE

Level 1:                 The aggrieved individual and/or Association representative will file a grievance with the appropriate building principal within fifteen (15) school days as in A.1. above. The building principal will meet with the grievant in regard to the grievance and will respond in writing within five (5) school days. The grievance submitted in writing will identify the aggrieved person or persons, will indicate the provision of the agreement involved in the grievance, the time and place of the event or conditions constituting that the grievance existed, and a general statement of the grievance and redress sought.

Level 2:                 If the grievant is not satisfied with the disposition of the grievance at Level 1, or if no decision has been rendered within five (5) school days after the presentation of the grievance, said grievant and/or the Association representative may appeal to the Superintendent. Such appeal will be in writing, setting forth the details of the grievance as in Level 1. Within five (5) school days after the receipt of the written grievance by the Superintendent, or his designee, he will confer with the grievant. The

Superintendent will respond in writing to the grievant within ten (10) school days of the receipt of the grievance.

Level 3:                 If the grievant is not satisfied with the decision of the Superintendent, or his designee, or if no decision has been rendered within the time called for in Level 2, an appeal may be made to the Committee by the grievant. Such appeal will be in writing and set forth the details of the grievance in Level 1. The Committee will meet with the grievant in closed session within twenty (20) calendar days of the receipt of the grievance by the Committee. The Committee will respond to the grievant with a decision within fifteen (15) calendar days after the Committee meeting following the meeting with the grievant. Failure by the Committee to reply within this period will be construed as a decision favorable to the employee.

Level 4:                 If the grievant is not satisfied with the decisions of the Committee, the Association may, within twenty-five (25) school days thereafter, submit the grievance to arbitration as provided for in this agreement. Arbitration of disputes between the Committee and the Association will be conducted under the laws of the American Arbitration Association. The decision of the arbitrator will be binding on the parties. Expenses of such arbitration will be shared equally by the Committee and the Association. The arbitrator will be bound by the terms and conditions of the current contract. Further, the arbitrator will render his decision within thirty (30) calendar days from the date of the completion of the arbitration hearings. Preparation for and resolution of the grievance at the first three (3) levels will not interfere with the educational process; i.e., scheduled classroom activities, unless mutually agreed. At Level 4 of the grievance, the President, Grievance Chairperson, and those whose participation is reasonably expected, will be excused with pay.

ARTICLE IV                       SALARIES

A.            The salaries of all persons covered by this agreement are set forth in Appendix A, which is attached hereto and made part hereof.

B.            All persons on the teachers' salary schedule will be paid in accordance with the following:

Payments will be made in twenty-six (26) payments starting in September:

•                      Twenty-one (21) payments through the school year

•                      Five (5) payments on the last day of school

All members shall receive a payment schedule for all twenty-six (26) payments for the subsequent school year by the last day of school.

C.            Contingent on the warrant being signed, the Committee will make every effort to insure that salary payments occurring during a vacation period will be distributed on the last day of school prior to the commencement of the vacation period.

ARTICLE V                        CLASS SIZE

A.            The Committee and the Association recognize that class size is an important factor in good education and will, whenever possible, subject to space availability and other educational considerations, insure that class size is of the most effective nature for both teacher and pupil. However, the final decision as to class size will be made by the Committee in the best interest of all.

B.            The Committee shall be apprised of the size of all classes and study halls in the system by October 1 of each year and, at that time, will make such information available to the Association. After consultation with the building principal and the Superintendent, the Association may request a meeting to discuss class size with the Committee at the first regular meeting of the Committee after October 1.

C.            The Association shall be immediately apprised in writing of any decision of the Committee to decrease the number of classes in each grade for grades one through six.

ARTICLE VI                       TEACHER ASSIGNMENT

A.            Teachers will be notified in writing of their programs for the coming year, including the schools to which they will be assigned, the grades and/or subjects that they will teach, and any special or unusual classes that they will have, as soon as practicable and not later than the end of the school year, except in emergency situations. Notification of a change in room assignment will be given at least three (3) weeks prior to the opening of school except in an emergency situation.

B.            In order to assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned more than 20% of their instructional time outside the scope of their teaching licensure. No current teacher shall be displaced or reduced in schedule or force as a result of this clause.

C.            Teacher preference will be considered in changing grade assignment in the elementary schools and in subject assignments in the secondary schools; all such changes must be reviewed and approved by the Superintendent.

D.            In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of inter-school travel. Such teachers will be notified of any changes in their schedules as soon as practicable. Teachers who are assigned to more than one school in any one school day will receive twenty-eight and one-half cents ($.28.50) per mile for all inter-school driving done by them in fulfillment of their assignment.

E.            In the event of any reassignment after the end of the school year, reassignment will be at the discretion of the Superintendent or his designee and all teachers directly affected by this assignment will be notified in writing within four (4) calendar days of the reassignment.

F.             The Committee will make materials and time available for teachers who are required to change classrooms and/or school buildings.

G.            Custodial assistance will be provided to actually move boxes and furniture when required in accordance with the above.

H.            All members of the bargaining unit shall receive their projected weekly schedules for the next school year on the last scheduled day of the school year. It is understood that said projected schedules may be changed due to unforeseen circumstances (e.g., changes in enrollment and/or student needs).

ARTICLE VII                     VACANCIES AND PROMOTIONS

A.            Whenever any vacancy or new professional position under the scope of this contract is created during the school year and a decision is made to fill the position, it will be adequately publicized by the Superintendent or his/her Designee by means of an electronic notice e-mailed to the HTA distribution list as far in advance of the appointment as possible. The Association President will receive a copy of the posting a minimum of five (5) school days in advance of the posting. Information pertaining to vacancies for new professional positions during the summer months will be sent by the Superintendent or his/her Designee to those teachers requesting the information on the appropriate form and to the President of the Association and/or his/her designee, whose name and address shall be given in writing to the Superintendent or his/her Designee. In both situations, the qualifications for the position, its duties, and the rate of compensation, will be clearly set forth. The qualifications set forth for a particular position will not be changed when such future vacancies occur, unless the Association has been notified in advance of such changes and the reasons therefore. No vacancy will be filled except on a temporary basis, within twelve (12) school days from the date the notice is posted in the schools or the giving of notification to the Association members.

B.            All teachers will be given adequate opportunity to make application for such positions and the Superintendent or his designee agrees to consider the professional background and attainments of all applicants. In filling such vacancies, consideration will be given to qualified teachers already employed by the school district and each applicant not selected will, upon written request, receive a written explanation from the Superintendent or his designee before the appointee assumes his/her position. Appointments not made within sixty (60) calendar days after the notice is posted in the schools will be re-posted per Paragraph A.

C.            During the period covering August 1 – October 1, Sections A and B shall be waived by mutual consent of the Superintendent or his/her Designee and the Association President or his/her designee. However, the Administration will make every effort to carry out the intent of Section A and B during that time.

D.            Notice will be sent to the Association whenever any vacancy in a professional position within or outside the scope of this contract occurs, prior to filling the position. The Superintendent or his designee will notify the President of the Association and then will adequately publicize the position.

E.            Whenever a professional position is filled by the Superintendent or his designee, the Association President and/or his/her designee shall be so notified and given the name of the person appointed to the position.

ARTICLE VIII                    TEACHER EVALUATION

A.            Teacher Evaluation

Teachers will be evaluated as set forth in the Hopkinton Public Schools' Educator Evaluation Process and Procedures, which is included in the Appendix of this Agreement.

B.            Personnel Records

1.                   Upon twenty-fours (24) hours' written notice, teachers will have the right to review the contents of their personnel file in the presence of a designee of the Superintendent. A teacher will be entitled to have a representative of the Association accompany him/her during such review.

2.                   No material derogatory to a teacher's conduct, service, character, or personality will be placed in his/her personnel file unless the teacher has had an opportunity to review the material. The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to a copy to be filed with the express understanding that such signature in no way indicates 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.

3.                   An administrator to whom a written or substantial oral complaint against a teacher was made will, within two (2) days, except in unusual circumstances beyond the control of the administrator(s), give all information about the complaint to the teacher involved. No oral complaint shall be used to the disadvantage of a teacher unless substantiated through a fair and reasonable investigation.

ARTICLE IX                       TEACHER FACILITIES

Each school will have the following facilities:

1.                   Space in each classroom in which teachers may safely store instructional materials and supplies.

2.                   A teacher work area containing adequate equipment and supplies to aid in the preparation of instructional materials.

3.                   An appropriately furnished room to be reserved for the exclusive use of the teachers as a faculty lounge. Said room will be in addition to the aforementioned teacher work area.

4.                   A serviceable desk and chair for the teacher in each classroom.

5.                   A well-lighted and clean male teacher restroom and well-lighted and clean female teacher restroom.

6.                   A separate, private dining area for the exclusive use of the teachers, when practical and possible without substantial expenditure.

7.                   An adequate portion of the parking lot at each school will be reserved for teacher parking.

ARTICLE X                        USE OF SCHOOL FACILITIES

A.            By the Association

1.                   The Association will have the right to use school buildings without cost at reasonable times for meetings. The principal of the building in question will be notified in advance of the time and place of all such meetings.

2.                   The Association will have the right to use the athletic facilities and equipment at the High School without cost one (1) evening each week when school is in session. The schedule and other related matters will be arranged in advance with the Superintendent. The Association agrees to relinquish or change the evening if the Superintendent deems it necessary to serve the best interest of the Town. In such case, every effort will be made to substitute a mutually agreeable alternative evening.

3.                   Except as otherwise provided by insurance coverage in effect at the time, the Town of Hopkinton, its elected officials, officers, agents, and/or employees will not be liable to the Association or any individual for a tort resulting from the Association's use of school facilities pursuant to this Article.

B.            There will be one (1) bulletin board in each school building, which will be placed in the faculty lounge, for the purpose of displaying notices, circulars, and other Association material. Copies of all such material will be given to the building principal, but his/her advance approval will not be required.

C.            No teacher will be prevented from wearing pins or other identification of membership in the Association or any other teacher organization.

ARTICLE XI                      SICK LEAVE

A.            The following schedule shall be used for allowable sick leave regardless of the amount used in any previous year.

B.            For any one absence in excess of five (5) school days, a doctor's written statement of inability to perform normal teaching duties may be requested by the Superintendent or his/her Designee.

C.            Any person returning to work after an absence, due to illness, in excess of five (5) consecutive school days may be required by the Superintendent or his/her Designee to obtain a written statement from a doctor that the absent person is capable of performing normal teaching duties.

D.            For any one year's total absence creditable to sick leave in excess of ten (10) school days not covered under Section B, a doctor's written verification of illness may be requested by the Superintendent or his/her Designee to allow payment for such days.

E.            Continuous absence due to illness commencing in one school year or during the summer and continuing into the next school year will be compensated on the basis of the number of days of eligibility for the contract year in which the absence began.

F.             No sick leave accumulation will be allowed.

G.            Any teacher receiving compensation from long-term disability insurance shall have the Town's portion of such pay reduced to the extent that his/her income shall not exceed his/her contracted base salary.

H.            Excepting the provisions of Paragraph E. of this section, in no case will sick leave benefits extend beyond the number of days entitled at the outset of the cause of such leave.

ARTICLE XII                     TEMPORARY LEAVES OF ABSENCE

A.            Teachers will be entitled to the following temporary leaves of absence with pay for each school year. Unless otherwise specified, leaves pursuant to this section will be in addition to any sick leave to which the teacher is entitled. No teacher will be required to arrange for his/her own substitute.

1.            Bereavement Leave: Up to five (5) days leave of absence will be granted in each instance immediately following the death of a relative (father, mother, brother, sister, spouse, child, grandparent, grandchild, individuals residing in household, or immediate in-laws). Up to one (1) day of leave will be granted for the death of a member's aunt, uncle, niece or nephew. Under extenuating circumstances additional time may be granted with the prior approval of the Superintendent or his/her Designee.

In order to be eligible for the aforementioned bereavement leave in connection with the death of an individual residing in the employee's household, the employee, upon request, shall provide evidence (such as an affidavit) regarding the deceased's status as an individual residing in the employee's household. It is further agreed by the parties that the extension of bereavement leave benefits to employees in connection with the death of an individual residing in the employee's household shall establish no precedent or past practice as to the extension of other employment benefits in connection with individuals residing in an employee's household.

2.              Family Illness Leave: Up to four (4) days leave of absence will be granted in the event of serious illness of a relative (see above definition). Such time will be charged against a member's sick time. In addition, members may use up to five (5) days of leave charged to sick time to care for a newborn child.

3.            Personal Leave: A member shall have up to two (2) days leave with pay each year for the purpose of transacting or attending to personal, legal, business, household or family matters which require absence during school hours. It is the intention of the parties that leave under this Article shall be available for reasons of hardship or other pressing need and not merely for personal convenience. Except in emergency situations or extenuating circumstances that are authorized by the Superintendent or his designee, no personal leave shall be allowed the work day before or the work day after a vacation period, a holiday occurring on a school day, or the first or the last week of the school year, or on any teacher Professional Day.

4.                   Temporary Military Service: A maximum of fifteen (15) days per school year for persons called into temporary active duty of any unit of the U.S. Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session. Teachers will be paid the difference between their regular pay and the pay which they receive from the State or Federal Government.

5.                   Jury/Witness Duty: In Massachusetts, members shall receive their full daily salary for the first three (3) days of juror/witness service. If required to serve beyond three (3) days, members will be paid the difference between their daily salary and the daily jury/witness stipend provided by the Commonwealth. If serving in another state, the state law concerning jury/witness duty will guide the salary requirements for that member's jury/witness duty. In no event will a member suffer a loss of compensation while serving jury/witness duty. Members shall be required to submit evidence of jury duty service.

B.            The deductions for absences not creditable to sick leave or temporary leave shall be equal to the annual salary divided by 183 days.

ARTICLE XIII                   EXTENDED LEAVES OF ABSENCE

A.            The Committee agrees that one (1) teacher designated by the Association will, upon request, be granted a leave of absence for up to two (2) years without pay for the purpose of engaging in Association (local, state, or national) activities. Upon return, the teacher may be placed on the same step he/she was on when he/she left.

B.            A leave of absence without pay of up to two (2) years may be granted to any professional status teacher who joins a government service organization or serves as an exchange teacher and is a full-time participant in either of such programs. Upon return from such leave, a teacher will be considered as if he/she were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent.

C.            Military leave will be granted to any teacher who is inducted into any branch of the armed forces of the United States. In the event of a national emergency, military leave will be granted to a teacher who enlists in any branch of the armed forces. Upon return from such leave, a teacher will be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the system during the period of his/her absence to a maximum of two (2) years.

D.             Family and Medical Leave

1.             Adoptive Parent Leave

Adoptive parents shall be entitled to utilize up to ten days of paid leave for adoption related travel, court appearances, appointments with social workers or adoption agencies or attendance at other meetings or processes required in connection with the adoption of a child. Adoptive parents shall provide two weeks notice of the intent to utilize paid leave under this section where practicable and will provide the Superintendent or his/her Designee with documentation, in a form acceptable to the Superintendent or his/her Designee, supporting the need for such leave.

2.             MMLA Leave

Upon completion of three months of full time service or the equivalent to a maximum of six months, female employees shall be entitled to eight weeks of unpaid maternity leave for birth or adoption pursuant to the Massachusetts Maternity Leave Act (M.G.L. Ch. 149, Section 105D, also referred herein as “MMLA”).

Paid sick leave, pursuant to Article XI, may be used for the period of actual disability. The employee may be required to submit a doctor's note certifying the period of disability. MMLA leave will be considered to also qualify as FMLA leave, and will run concurrently.

3.             FMLA Leave

All eligible members of the bargaining unit shall, in addition to the provisions of this Article, be eligible for unpaid leaves of absence in accordance with the Family and Medical Leave Act of 1993 (“FMLA”). FMLA currently includes leaves for:

•         The birth of a child and in order to care for the newborn;

•         The adoption or placement of a child for foster care with the employee;

•         To care for a child, spouse, or parent with a serious health condition;

•         Because of the employee's own serious health condition that makes the employee unable to perform the essential functions of his/her position.

FMLA utilization shall be governed by the Hopkinton School Committee Policy on Family and Medical Leave as adopted on January 30, 2003 except as otherwise provided in this Article, Article XI, or Article XII. Said policy shall be available on the District web site or may be requested from the Superintendent's Office.

All full time bargaining unit members shall presumptively be considered to have met the 1250 hour eligibility threshold on an annual basis. In the case of a part-time employee, the district shall bear the burden to establish the employee did not meet the 1250 hour eligibility threshold

For leave related to the birth or placement of a child, the employee must provide at least two weeks' written notice before his/her anticipated date of departure and include an intended date of return.

Nothing in this section or the School Committee policy shall be interpreted to limit an employee's right to utilize sick leave benefits as provided elsewhere in this agreement, or to require an employee to use sick leave, personal leave, or vacation time during any leave period.

E.            Child Rearing Leave

An unpaid leave of absence for child rearing purposes: (A) shall be granted to any teacher who has served in a bargaining unit position for at least three (3) years and (B) may be granted to any teacher who has served in a bargaining unit position for at least one (1) year. Child rearing leaves shall be granted for up to one (1) school year's duration. If the teacher has worked more than ninety (90) days of a year in which such leave is taken, she or he will continue on the salary schedule at the level that would have been achieved had the absence not occurred.

F.             A leave of absence without pay or increment of up to one (1) year may be granted for the purpose of caring for a sick member of the teacher's immediate family. Additional leave may be granted at the discretion of the Superintendent. Requests for such leave will be supported by verification from the health care provider that the employee's presence is needed to care for the member of the immediate family.

G.            The Superintendent may grant a leave of absence up to two (2) years without pay or increment to any teacher to campaign for, or to serve in, a public office.

H.            After five (5) years of continuous employment in a bargaining unit position in the Hopkinton School system, a teacher may be granted a leave of absence, without pay, for up to one (1) year for health reasons. Requests for such leave will be supported by appropriate medical evidence.

I.             Any professional status teacher whose personal illness extends beyond the period compensated will be granted a leave of absence without pay for such time as is necessary for sufficient recovery to return to work from such illness. A physician's statement may be required by the Superintendent or his/her Designee. Any such leave for a teacher not on professional teacher status shall terminate with his/her contract.

J.             Other leaves of absence without pay may be granted by the Superintendent.

K.            All benefits to which a teacher was entitled at the time his/her leave of

absence commenced will be restored to him/her upon his/her return and he/she will be assigned to the same position which he/she held at the time said leave commenced, if available or, if not, to a substantially equivalent position. Time taken as a leave of absence, except for those leaves that are designated as qualifying leave under the Family Medical Leave Act (“FMLA”) or the Uniform Services Employment and Reemployment Rights Act (“USERRA”), will not count as time worked for the purpose of determining seniority.

L.            All requests for extensions or renewals of leaves will be applied for and granted in writing.

M.           Any teacher on leave must notify the Superintendent by March 1 of the school year in which the leave occurs of his/her decision to return for the start of the next school year or to resign. Failure to comply with this requirement will be considered as resignation from the school system.

N.            Members who are on a non-disability related unpaid leave of absence shall be offered continuance of health benefits through COBRA and shall be responsible for paying 102% of the cost of the monthly premium for health insurance, consistent with the policies and practices of the Town of Hopkinton.

ARTICLE XIV                   SABBATICAL LEAVE

A.            Sabbatical leave for one (1) school year or for one-half (1/2) school year may be granted for study or research to a member of the bargaining unit by the Superintendent at his/her sole discretion, and subject to the following conditions:

1.                   No more than two (2) members of the bargaining unit may be on sabbatical leave at any one time. These sabbaticals are subject to the following restrictions: no more than one member of any one department in the Middle/High School, or, no more than one teacher from any one grade level in the elementary schools, may be on sabbatical leave at any one time.

2.                   Requests for sabbatical leave must be received by the Superintendent in writing in such form as may be required by the Superintendent no later than November 30, and action must be taken on all such requests no later than February 1 of the school year preceding the school year for which the sabbatical leave is requested. Action may be taken following these dates at the discretion of the Superintendent.

3.                   The teacher has completed at least five (5) consecutive full years of service in a bargaining unit position in the Hopkinton school system.

4.                   Members of the bargaining unit on sabbatical leave will be paid 50% of their regular salary rate for a full year sabbatical or 100% of their regular salary rate for a half-year (1/2 year) sabbatical, provided that such pay when added to any program grant will not exceed their regular salary rate.

5.                   The teacher will agree to return to employment in the Hopkinton Public Schools for twice the length of the sabbatical leave. Increment step credit will be granted for the time spent on sabbatical leave.

B.            Sabbatical leave for one-half (1/2) of the normal school year or ninety (90) school days may be granted starting on the opening day of school or starting on the ninety-first (91^st ) day of the school year and running consecutively. All other provisions in Section A will apply to the ninety (90) day sabbatical.

ARTICLE XV                     PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

A.            Any member of Unit A is eligible for tuition reimbursement and/or course credit provided:

1.                   His/Her application has received the approval of the Superintendent or his/her Designee prior to his/her taking the course (the Superintendent or his/her Designee having sole authority to determine course approvals). If an application is disapproved, the employee will be advised in writing as to the reason for disapproval.

2.                   Courses are graduate-level courses taken from colleges and universities that are accredited by organizations recognized by the United States Department of Education, the Massachusetts Department of Elementary & Secondary Education or the Massachusetts Board of Higher Education. Undergraduate level courses may be approved at the discretion of the Superintendent or his/her designee.

3.                   Member has received a course grade of „B' or better, or in the case of a Pass/Fail course, member has received a grade of „Pass', as evidenced by an official grade report or transcript containing the member's full name, indication that the course is a graduate level course (unless specific approval for an undergraduate course has been granted under paragraph 2 above), the semester in which the course was successfully completed, the course grade, and the number of graduate credits received for the course.

4.             He/She is not receiving other tuition reimbursement of a nature and amount that, in the opinion of the Superintendent, would warrant disqualification.

B.            If the applicant is still employed by the Hopkinton school system in September following the completion of the course or courses, he/she will be reimbursed up to $1000 for tuition. Further, if the applicant is a teacher without professional teacher status, he/she will be reimbursed an additional $250 ($1250 in total). This is payable no later than the last business day of November only upon satisfactory completion of the course(s), as defined in A, above, and submission of a receipted bill or cancelled check by October 15.

C.            The Committee will pay the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by teachers who attend workshops, seminars, conferences or other professional improvement sessions at the request of and with the advance approval of the Superintendent or his/her Designee. The Committee may pay the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by teachers who attend workshops, seminars, conferences or other professional improvement sessions at the request of any member of Unit A with the advance approval of the Superintendent or his/her Designee.

ARTICLE XVI                   PROTECTION

A.    Teachers will immediately report all cases of assault suffered by them in connection with their employment to the Superintendent and the building principal in writing. This report will be forwarded to the Committee which will comply with any reasonable request from the teacher for information in its possession relating to the incident or the persons involved and will act in appropriate ways as liaison between the teacher, the police, and the courts.

B.    If criminal or civil proceedings are brought against a teacher alleging that he/she committed an assault in connection with his/her employment, the Committee will furnish legal counsel to defend him/her in such proceeding if he/she requests such assistance. The Committee will pay for such counsel, but will not be responsible for such counsel's actions, inactions, or performance.

C.    If any member of the bargaining unit is subpoenaed to testify or to attend court proceedings regarding a child custody suit or SPED case involving a child in the Hopkinton Public Schools or any other school related business, the Committee shall provide legal consultation prior to the individual's court appearance. The individual will suffer no loss of pay as a result of his/her attendance at said proceedings. Said day will not be deducted from any other leave provision.

In the event the court appearance is required during a vacation period including summer recess, or when school is otherwise not in session, the individual will be compensated at his/her per diem rate of pay.

ARTICLE XVII   PERSONAL INJURY BENEFITS

A.            Whenever a teacher is absent from school as a result of personal injury caused by an accident or an assault occurring in the course of his/her employment, he/she will be paid his/her full salary (less the amount of any workers' compensation award made for temporary disability due to said injury) for the period of such workers' compensation without any deduction from the employee's sick leave.

B.            The Committee will reimburse a teacher for:

1.                   Any protective clothing deemed necessary by the department head or principal, with the approval of the Superintendent, and

2.                   The cost of medical, surgical, or hospital services (less the amount covered by a health plan reimbursement) incurred as a result of any injury sustained in the course of his/her employment.

ARTICLE XVIII                 INSURANCE AND ANNUITY PLAN

A.            The Committee will provide, consistent with its own policies and the policies of the Town of Hopkinton, contributory participation in available insurance programs as follows:

B.            The Association agrees to accept the co-payment and plan design changes set forth below .

Tufts Health Plan Enhancements, Goals and Initiatives

(7-2011 to 6-2012)

Plan Design (Tufts Health Plan has richer Benefits)

RX Change to $10/$20/$35 from $5/$15/$35

Better pharmacy benefit - a 1x pharmacy co pay for mail order. This applies to all pharmacy tiers (even Tier 3). A dedicated (800) number to help members transition their mail order prescriptions to Caremark.

Physical Therapy / Occupation Therapy - Tufts is offering 60 visits for PT & an additional 60 visits for OT per year.

Chiropractic - 20 visits per year.

ADDITION OF A 3-TIER HMO $1000 DED-OPTION WITH 10/25/45 RX AND 1X MAIL ORDER

Member Education Initiatives

•     Understanding generic alternatives and reducing pharmacy expense

•     How to use your health plan more efficiently and reduce out of pocket costs

•     24/7 Nurse Hotline available to Tufts members

•     Dedicated wellness activities designed to identify risk factors

•     Onsite biometric screenings

•     Member specific microsite dedicated to benefits including health decision support tools

•     Access to CVS Minute Clinics - lower cost and convenient option for members

•     All employees hired After July 1, 2011 will be enrolled on the Deductible Option.

•     All employees hired after July 1, 2011 have the option of the TUFTS PPO, but at a 50/50 Town/Employee split.

Tufts Health Plan Goals and Initiatives

(7-2012 to 6-2013)

Benefit Cost Saving Initiatives For Consideration

•     Offer a tiered Hospital cost sharing plan as an option to all members

•     Continued emphasis on wellness programs, discuss employee wellness incentives

•     Change office visit copayment from $15 to $20

•     Change emergency room copayment from $75 to $100

•     Add a high-tech imaging copayment of $25

Tufts Health Plan Goals and Initiatives

(7-2013 to 6-2014)

•     Continued emphasis on wellness programs, discuss employee wellness incentives

•     Introduction of an HSA (Health Savings Account) plan as an option to all members and further emphasis on Deductible Plan

•     Change office visit copayment structure to include a PCP/Specialist split not to exceed $25PCP/$50SPC.

•     Change RX co pays to $15/$30/$45 and move back to 2X mail order

•     Include an inpatient hospital copayment not to exceed $500 per consignment

•     Include a surgical daycare copayment not to exceed $250 per consignment

•  There will be a limit of $1000 on the Individual HMO/PPO Plan and $2000 on the Family HMO/PPO plan for the Hospital co-pays.

C.            The Parties acknowledge that part-time employees must satisfy the 20 hours per week standard of M.G.L. c. 32B in order to be eligible for health insurance coverage.

D.            Also, teachers will be eligible to participate in tax-sheltered annuity plans established pursuant to U.S.P.L. 87-370.

E.            This Article assures insurance plans and levels of contribution currently in effect. Future changes in terms, addition of programs, or increases in contribution rate shall be subject to a vote of the Committee and the policies of the Town of Hopkinton.

ARTICLE XIX                   GENERAL

A.            There will be no reprisals of any kind taken against any teacher by reason of his/her membership in the Association or participation in its activities.

B.            Teachers will be entitled to full rights of citizenship, and no religious or political activities of any teacher, or lack thereof, will be grounds for any discipline or discrimination with respect to the professional employment of such teacher.

C.            The cost of reproduction of this agreement will be shared equally by both the Committee and the Association. Sufficient copies will be given to the President of the Association for distribution.

D.            If any provision or application of this agreement is contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law. All other provisions or applications will continue in full force and effect.

E.            All vouchers (except for those submitted under Article XV-A) for reimbursement are to be submitted to the Superintendent for payment within forty-five (45) calendar days of incurring the charges except that in the case of any cost incurred after May 15 of the fiscal year those vouchers must be submitted for payment prior to June 15 of the same fiscal year.

F.             In the event a reduction in force becomes necessary, such reduction shall be governed by the following:

1.                   Where possible, staff reductions will be accomplished through normal attrition.

2.                   Non-professional status teachers will be terminated prior to professional status teachers, provided a professional status teacher is currently licensed to hold the non-professional status teacher's position.

3.                   For professional status teachers, staff reduction will occur in the inverse order of a teacher's seniority within departments and levels (Pre-School, K through 8, and 9 through 12). For purposes of this provision, seniority is defined as the length of continuous service from first date of employment in the Hopkinton Public Schools in a position covered by this Agreement.

4.                   A bargaining unit member with professional teacher status may serve for up to two (2) years in a Hopkinton School District position not covered by this agreement and return to the bargaining unit with their original seniority date, provided the member submits notice to the Superintendent of the desire to return to a bargaining unit position no later than April 1 of the preceding school year. Any transfers from administrative to bargaining unit positions shall normally be effective at the beginning of the school year.

5.                   Only professional status teachers will have recall rights. Such recall shall be for a period of two academic years.

G.            No professional status teacher will be disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage without just cause.

ARTICLE XX                     TEACHING HOURS, TEACHING LOAD, AND WORK YEAR

A.              1.           The starting and dismissal time for students will be as follows:

2.                   The school day for kindergarten and elementary classroom teachers will begin fifteen (15) minutes before the aforesaid starting times and the school day for Middle/High School teachers will begin five (5) minutes before the aforesaid starting time. Teachers may leave at the student dismissal time when all professional obligations have been met. Notwithstanding the above, teachers at the secondary level are expected to be available to students one (1) day a week in order to provide extra help. However, teachers may leave at 2:00 p.m. if no students arrive for extra help. The day designated for extra help shall be determined by the principal with input from Department Heads and the individual teachers. Said starting and dismissal times are subject to modification by the Committee, provided, however, that no such modification will increase the length of the teachers' school day.

3.                   Personnel other than classroom teachers will work at their assigned tasks for at least the length of the regular teachers' school day. It is recognized, however, that the proper performance of their duties may, on occasion, require these persons to work longer than the normal school days. The exact daily schedule will be worked out on an individual basis.

4.             On district-wide professional development days the hours for all staff shall be 8:00 a.m. to 2:00 p.m. with a thirty (30) minute lunch break. Any part-time member who is not ordinarily scheduled to work on the day of the week on which a Professional Day is scheduled, is required to participate in the Professional Day and will be compensated at his/her hourly rate of pay.

B.            1.             The school year may start no earlier than September 1, except when Labor Day falls on September 5^th, 6^th or 7^th, it may open the Monday before Labor Day and end no later than June 30. In no event shall the school year for teachers be more than three (3) days more than the number of days when pupils are required to be in attendance by state law. The School Committee may add up to two (2) additional teacher work days to the aforementioned three (3) days and in such cases will compensate the teachers at their per diem base rate of pay. Notification of any additional days and the dates on which these days will occur will be provided on/or before March 30 of the previous year. The school year will include days when students are in attendance, orientation days at the beginning of school, conference days, and any other day on which teacher attendance is required.

2.                   Guidance counselors will be compensated for up to five (5) days before the school year at the elementary level and for up to five (5) days after the school year and five (5) days before the school year at the Middle/High School level for work as requested outside the regular school year. Payment will be at their per diem base rate of pay.

3.                   The Superintendent may hire designated special education staff to work a 203 day school year. Members working a 203 day school year shall be compensated for those days worked in excess of the teacher's regular school year at their per diem rate. No special education teacher hired before July 1, 2005 will be required to work a longer work year than the regular teacher work year as outlined above in Article XXI, Section B, Paragraph 1.

C.            Teachers at the elementary level shall have a duty-free lunch period of thirty (30) minutes. All other teachers shall have a duty-free lunch period of at least the length of a student lunch period. For those part-time teachers who work four (4) or more hours in a given day, this lunch period shall be prorated in proportion to the hours worked on such day.

D.            Secondary Level Teachers

1.             Middle School

a.             Academic subject area teachers of grades 6, 7, and 8 will not be assigned more than twenty-five (25) instructional periods nor more than thirty (30) student supervision periods per week.

b.             Middle School teachers of Life Skills, Industrial Arts, Boys' Physical Education and Girls' Physical Education, will not be assigned a combination of more than thirty (30) periods a week of instruction and supervision.

c.             Team meetings at the Middle School level shall take place three (3) periods in a six (6) day cycle.

d.             Middle School teachers will be available for a principal's meeting once a month for up to one (1) hour and for department meetings once a month for up to one (1) hour and for fifteen (15) hours per year for building-based or district meetings. Building/district-wide meetings will begin as soon as possible after student bus dismissal.

2.              High School

a.             Teachers of English, Mathematics, Social Studies, Languages, and Business Education in Grades 9-12 will not be assigned more than twenty-five (25) instructional periods nor more than thirty (30) student supervision periods per week. Teachers of Science courses involving laboratory work in Grades 9-12 will not be assigned a combination of more than twenty-eight (28) periods per week of laboratory and lecture, nor a combination of more that twenty-nine (29) periods per week of laboratory, lecture, and study halls. Teachers of Science with a combination of lecture and laboratory periods in excess of twenty-five (25) will not be assigned more than twenty-eight (28) periods of laboratory, lecture, and study halls.

b.             High School teachers of Life Skills, Industrial Arts, Boys' Physical Education, and Girls Physical Education will not be assigned a combination of more than thirty (30) periods a week of instruction and supervision.

c.             High School teachers will be available for a principal's meeting once a month for up to one (1) hour and for department meetings once a month for up to one (1) hour and for fifteen (15) hours per year for building-based or district meetings. Building/district-wide meetings will begin as soon as possible after student bus dismissal.

E.            Exception to the provision of Section C and D may be made only if the Superintendent or his/her designee determines that it is necessary to do so in the best interests of the educational process. The Association will be notified of each instance in which the Superintendent so determines. A disagreement over whether an exception is justified will be subject to the grievance procedure and will be instituted at Level 2 thereof.

F.             The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and that his/her energies should be utilized to this end. Therefore, they agree that members of Unit A will not be required to perform the following duties:

1.                   Health services such as administering eye and ear examinations and weighing and measuring pupils

2.                   Collecting money from students for non-educational purposes

3.                   Duties which are custodial in nature, including but not limited to the washing of chalkboards and chalk trays, general sweeping and cleaning, the moving of heavy equipment from place to place, or the replacing of defective equipment. Teachers may be required, however, to observe reasonable practices of good room-keeping including but not limited to erasing chalkboards, maintaining tidy desks, counter cabinets, and shelves, keeping floors free of paper and other litter, and demanding neat and orderly use of desks, lockers, and all school property by pupils.

4.                   Teachers will not be required to transport students.

5.                   The parties agree that elementary teachers will not be required to supervise student lunchrooms, except under the following circumstances: if the number of aides is reduced because of resignations, or if an aide is absent and a replacement cannot be obtained, the administration may assign teachers to cafeteria duty; however volunteers will be sought before making an assignment. Said teachers who volunteer or are assigned in accordance with the above shall be compensated at the rate of $10.00 for each time cafeteria duty is performed; that is, for each thirty (30) minute lunch period.

6.                   The elementary and middle school faculty will be expected to develop recommendations regarding student placements. Normally, this will not include the identification of proposed teachers, except for extenuating circumstances. The administration, in its sole discretion, will determine and be responsible for all student assignments.

G.            In the event that preparation time cannot be scheduled for a specialist (i.e. art, music, physical education, and health), said specialist shall be entitled to a fifteen (15) minute break during the regularly scheduled work day.

H.            All curriculum related committees formed by the Superintendent or his/her designee, with the exception of school councils, shall be compensated at the curriculum rate of pay, as set forth at Appendix B, for each meeting attended outside of contractual hours.

I.            Grade level team leaders shall not be assigned a homeroom and shall be assigned one (1) less supervisory period than team members.

J.             Elementary Preparation, Team Planning, Grade Level Planning, and Meeting Time

1.                   Team meetings involving classroom teachers who teach different subjects to the same group of students in grades 3, 4, and 5 shall be held once a month for a forty (40) minute period.

2.                   All elementary classroom teachers will be guaranteed preparation time for an average of two hundred (200) minutes per week. The Superintendent will endeavor to provide every elementary classroom teacher with at least one forty (40) minute period per day for classroom preparation.

3.                   Elementary classroom teachers will be provided with forty (40) minutes each week for a Grade level Planning Period. Grade Level Planning sessions will include a group of teachers from that grade level but not necessarily all teachers from a grade level.

4.                   Building/District Meeting Time

Elementary teachers will be available for building-based meetings once a month for up to one (1) hour and fifteen (15) hours per year for building-based or district meetings. Building/district-wide meetings will begin as soon as possible after student bus dismissal.

K.            Kindergarten Preparation Time and Meeting Time

1.                   Full-Time Kindergarten teachers of half-day sessions will be guaranteed preparation time for an average of 230 minutes per week. Said preparation time shall include the 30 minutes available daily between the morning and afternoon kindergarten sessions and additional time provisioned by the school administration.

2.                   Full-Time Kindergarten teachers of half-day sessions will be available for building-based meetings once a month for up to one (1) hour and for fifteen (15) hours per year for building-based or district meetings. Building/district-wide meetings will begin as soon as possible after student bus dismissal.

3.                   The Committee will make reasonable efforts to explore the rescheduling of the bus arrivals/departures in order to ease the scheduling of preparation time for teachers in the half-day Kindergarten program.

4.                   Kindergarten teachers shall have a duty free lunch period of thirty (30) minutes.

5.                   Kindergarten teachers in the full day program will follow the prep and meeting time requirements for Elementary teachers, as in section J., above.

ARTICLE XXI                   EARLY RELEASE AND EVENING MEETINGS

A.            Elementary Schools –Twelve (12) early release days will be scheduled.

1.                   Three (3) parent conference days

2.                   Three (3) Common Planning Days

3.                   Four (4) scheduled early release days shall be provided for teacher use

4.                   Two (2) System Administrative Days

5.                   Kindergarten parent conferences will be held in the fall and in the spring when requested by the teacher or the parent during release time. Classroom coverage will be provided for up to one (1) additional day during the Fall conference period if the conferencing does not occur during the release time, and two (2) days during the Spring conference period. Progress reports will be issued in January and at the end of the school year.

6.                   Elementary release days for parent conferences are to be conducted from November 1 to the end of the first school week in December. Conferences that have to be rescheduled because of an emergency may go beyond the first week in December.

B.            The administration, in its discretion, may schedule additional release days.

C.            Regularly scheduled Middle/High School classes will be dismissed for four (4) release days during the school year so that secondary school teachers will be able to participate in professional development activities authorized by administrators.

D.            Teachers may be required to attend two (2) evening events per year. Such events will be scheduled by the building principal. Other preparation or conference time may be provided as needed. Teachers shall not be required to attend evening parental conferences.

E.            Elementary guidance counselors, elementary Special Education teachers, elementary remedial reading teachers, occupational and physical therapists, and the speech pathologist will be required to attend one (1) open house at each of the school buildings to which they are assigned, not to exceed two (2) in any school year. Those individuals attending two (2) open house meetings shall be provided with compensatory time equal to the amount of time spent at one (1) of the aforementioned meetings.

ARTICLE XXII                  CONTRACTUAL NOTIFICATIONS

The Committee will, before the end of each school year, appoint personnel to all positions specified in the contract if such positions will exist at the beginning of the next school year. Exception to this may be made by the Committee but the President of the Association is to be advised in writing indicating the remuneration for the position. Appointee is to advise the Committee before July 1 of each year if he/she accepts or rejects such appointment.

ARTICLE XXIII                 PART-TIME PERSONNEL

Personnel covered by this agreement who work a fraction of the school year will be paid and receive their benefits at a corresponding fraction of the appropriate full-time salaried position, including but not limited to paid time off benefits and tuition reimbursement.

All other provisions of this contract, including those pertaining to increment step advancement, shall pertain in full to part-time personnel.

DURATION

The provisions of this agreement will be effective as of September 1, 2011 and will continue and remain in force and effective unless specific changes are made as provided in Article I until August 31, 2012.

This agreement entered into this __________ th day of __________, 2011.

FOR THE HOPKINTON SCHOOL COMMITTEE

________________________________________

Rebecca Robak, Chairperson of School Committee

FOR THE HOPKINTON TEACHERS' ASSOCIATION

__________________________________________________

Timothy Kearnan, President of the Association

APPENDIX A                      SALARIES

A.            Increments are to be granted as follows with increases becoming effective as of September 1:

1.                   A teacher entering the system at the minimum salary level will be granted an increment step upon the completion of the first year of service. Another increment step will be granted upon the completion of the second year of service.

2.                   Thereafter, when evidence of completion of an approved course has been submitted to the Superintendent or his/her Designee, a step salary increase will be granted on the September following the submission of the evidence. A second step salary increase will be granted on the subsequent September without further course work.

3.                   Following attainment of either a Masters' degree or Masters' + 30, a step salary increase will be granted on the September following. A second step salary increase will be granted on the subsequent September without further course work.

B.            An increment credit course is defined as follows:

1.                   A teacher holding no degree or with a Bachelor's degree must present three (3) semester hours of approved study.

2.                   A teacher holding a Masters' degree must present three (3) semester hours of approved study.

3.                   The intention to enroll in all increment credit courses must be submitted to the Superintendent or his/her Designee prior to the October 1 of the school year in which the courses are to be taken. Approval of courses for increment credit and/or tuition reimbursement must be obtained from the Superintendent or his/her Designee and the Committee prior to taking the course.

4.                   Step-rate increases are not automatic but are dependent upon continued satisfactory service.

Should any teacher on professional status be adjudged unsatisfactory by the Superintendent or principal in charge of his/her work, any salary increase may be withheld provided the teacher has been given a written notice of the reason for such withholding of the increase at least sixty (60) calendar days in advance of the date such increase would have become effective, and provided that the teacher, if he/she should so desire, has been granted a hearing before the Committee.

5.             The increments for additional education are as follows:

a.             Bachelors' degree plus 15 approved credits

b.             Masters' degree or Bachelors' degree plus 30 approved credits

c.             Masters' degree plus 15 approved credits

d.             Masters' degree plus 30 approved credits

e.             Masters' degree plus 45 approved credits

f.             Masters' degree plus 60 approved credits

6.           Approved courses used to earn a degree for which a salary increase is granted cannot be used for further course increments after the increase is granted except as provided in Section 4.

7.                   No provision in this schedule shall be used to reduce the present salary of any member now in the Hopkinton school system.

8.                   The status of a Department Head, High School Academic Team Leader and Middle School Team Leader is primarily that of a classroom teacher rather than that of an administrator. His/Her primary responsibility is the attainment of excellence in the teaching of his/her subject area. He/She, therefore, should be burdened with as few administrative responsibilities as is consistent with the accomplishment of this objective. High School Academic Team Leaders and Middle School Team Leaders shall not evaluate other unit members. The position of Department Head shall be posted each year in accordance with Article VII.

C.             Longevity Additions

Longevity additions of $850 shall be added to the base pay as follows:

After completion of twenty (20) years of continuous service in Hopkinton Public Schools to be added to the base salary in year twenty-one (21);

An additional $250 to equal a total of $1100 longevity payment after completion of twenty-five (25) years of continuous service in Hopkinton Public Schools to be added to the base salary in year twenty-six (26); and

An additional $250 to equal a total of $1350 longevity payment after completion of thirty (30) years of continuous service in Hopkinton Public Schools to be added to the base salary in year thirty-one (31).

Approved Leaves of Absence shall be included in continuous service.

An approved paid or unpaid leave of absence will not constitute a break in continuous service for the purposes of determining eligibility for longevity. With the exception of short-term maternity leave, a year in which approved paid or unpaid leaves of absence are granted will not be credited as a full year of service when calculating years of service under this longevity provision. Short-term maternity leave, and if approved, an additional 45 days of extended maternity leave occurring in the same school year, will be credited as time of service under this longevity provision.

D.            Bachelor Scale

Effective September 1, 2002 the minimum hiring rate for new members will be Bachelor's Step 2 B-1, which will receive the same percentage increases as the remainder of the salary schedule and will remain for the purpose of calculating the rate of pay for coaches. Other steps in the Bachelor scale remain the same.

E.            Administrative Intern

A bargaining unit member who leaves the bargaining unit to become an Administrative Intern and returns to the bargaining unit will return to the bargaining unit with the same number of years seniority as when they left.

F.             Wages

Teachers’ Salary Schedule for 2011-2012

+1.5%

FY 12 Annual (26 checks)

B, 1 used only for calculation of Coach and Long-Term Sub salaries. Lowest teacher rate is B,2.

APPENDIX B                      ALL OTHER

A.            Extra curricular activities

1.               The minimum salary for extracurricular activities will be paid no later than the last pay period in June and will include the following activities:

 

Ultimate Frisbee Club Advisor                          $500

2.             a.             The minimum salary for coaching of athletes will be as follows:

HIGH SCHOOL ATHLETIC POSITIONS

b.             The units above are to be multiplied by 1% of the minimum salary for a Bachelors' degree on the teachers' salary schedule.

c.             Coaches' salaries will be determined on a zero (0) to five (5) step basis (0-50%). Steps will be granted on the recommendation of the Superintendent and School Principal. The percentage rating is to be on the minimum salary calculated under paragraph B. above; this amount will be the amount paid in addition to the minimum salary for the coaching position.

d.             Members of Unit A who officiate at athletic events scheduled through the Director of Athletics shall be compensated at the rate of $20.00 per event.

3.                   The committee may create a new position and set the salary for the first year only. If that position exists the following year, the salary will be negotiated by the Association and the Committee.

4.                   If there are any substantial changes in the duties of any existing position under the contract, the Committee will negotiate with the Association regarding possible modification in the salary for such position.

5.                   Assignments outside of the contracted number of school days, with the exception of summer curriculum work, will be compensated as follows:

The teachers' contracted base salary, excluding other stipends, divided by 183; this quotient to be divided by 6.5. The resultant quotient to be the rate of hourly pay.

6.             a.             The Committee will pay the reasonable expenses incurred by coaches who scout athletic competition at the varsity level.

b.             Compensation for scouting by a non-coach member of Unit A will be $10.00 for each scouting report in addition to the expenses incurred under Paragraph A.

c.             The Director of Athletics and varsity coach must give prior approval to all scouting assignments.

7.             a.             Upon written notice of intent to retire, a teacher who has or will have at least twenty (20) years service in Hopkinton on the effective retirement date will be placed on Step 14. (Step 14 will add $2,500 each year for two years only).

b.             Written notice must be received by the Superintendent no later than March 1. Payment will become effective the following school year.

c.             If the teacher fails to retire voluntarily on the specified date, the teacher must repay the money difference between Steps 13 and 14 and be returned to Step 13.

8.                   Curriculum work will be compensated at the rate $25.00 per hour.

9.                   The hourly rate for intramurals will be $20.00 per hour.

10.               During the course of the 2007-2008 school year, the Parties shall meet to discuss updating the job descriptions for the extra-curricular and coaching positions set forth in Appendix B of the Collective Bargaining Agreement, as amended herein.

11.               A subcommittee will be formed to study and make proposals relative to Appendix B positions and stipends. Said Committee will be comprised of equal members of the Association and School Committee.

12.               Alternative Compensation

The parties agree to form a joint committee comprised of an equal number of representatives designated by the Association and by the Committee to study an alternative compensation plan which incorporates teacher performance measures and a differentiated pay model for defined disciplines and to bring back recommendation(s) to the negotiating teams for a plan to be effective for the 2011-2012 contract year. The negotiating teams will reconvene to negotiate over the recommended alternative compensation plan.

13.          On-Line Learning

The parties agree to form a joint committee, comprised of an equal number of representatives of the Committee and the Association to study the impacts of on-line learning on members' terms and conditions of employment. Said committee shall commence meeting as soon as possible and will report back to the bargaining table any agreed upon changes for inclusion into the Collective Bargaining Agreement.

SALARY SCHEDULE

The Town of Hopkinton offers to members a pre-tax health care premium payment plan, as well as a pre-tax Med. Cap. and D-Cap pre-tax premium plan.

Hopkinton Public Schools Educator Evaluation Process and Procedures

Representatives of the Hopkinton Teachers' Association and the Hopkinton Public Schools Administration created this document through a collaborative effort.

Forms:

Observation Report

Professional Development Goals

Comprehensive Evaluation Report

Memorandum of Understanding

Consultation Note

Educator‘s Improvement Plan

Educator‘s Improvement Plan Progress Report

Evaluation Plan Acknowledgment

Collaborative Conference Summary

Pre/Post-Observation Conference Questions

Alignment to Principles of Effective Teaching Standards

CJEI Process (Definition, Explanation, and Exemplars)

Performance Standards Rubrics **

** Performance Standards Rubrics will be developed over the 2008-2009 school year. These rubrics will be piloted during the 2009-2010 school year.

1. Belief, Values, and Principles

The primary purposes of the Hopkinton Public Schools‘ Procedures and Criteria for Educator Supervision and Evaluation are to:

•      Improve professional practices to raise student achievement;

•      Support teachers‘ ongoing professional growth;

•      Encourage continuous self-examination of professional skills;

•      Promote self reflection on teacher effectiveness;

•      Acknowledge professional achievement;

•      Implement school and district goals;

•      Assure performance accountability.

Evaluators capture the complex process of teaching by examining patterns of behavior, instructional practices, and learning outcomes that can be assessed and evaluated through a variety of data sources. Data sources may include (but are not limited to) classroom observations, conferences, analyses of student work, professional contributions, review of teacher work, and teacher self-reflections. (See data source list on page 6-7.)

Guiding Values and Principles

Evidence-based—Claims made and conclusions reached by the evaluator are based on observable, verifiable data.

Collaboration—Professionals work together to improve teaching and learning in a climate of trust and mutual respect. Decisions should be made collaboratively whenever possible throughout the process.

Open Communication—The educator and the supervisor engage in professional, frank, and mutually respectful dialogue about teaching and learning. Commendations, recommendations, suggestions, or concerns that arise from the evaluation process are stated in writing and discussed.

Reflection—Educators examine both their practice and their effectiveness, thinking critically and creatively about teaching and learning.

Professional Growth—The process builds on educators‘ strengths and supports continuous learning and improvement.

Multiple Perspectives—The process utilizes multiple data sources that enable educators and supervisors to draw valid conclusions about professional practice.

Consistency—The integrity of the process is maintained through common and clear activities, forms, timelines, vocabulary, and implementation throughout the district and across groups and subjects. Professional development relating to the evaluation process will be ongoing for evaluators and educators.

2. Goal

The Procedures and Criteria for Educator Supervision and Evaluation plan is designed to be congruent with the Massachusetts Principles of Effective Teaching and the Hopkinton Public Schools Learning Philosophy. A congruent system links beliefs about student learning and effective teaching with supervision and evaluation. Our common goal is high levels of learning for all students.

3. Roles and Responsibilities

Educators and their evaluators share the common goal of improving teaching and learning. Educators retain responsibility for their continuous professional growth, and evaluators provide ongoing, appropriate support and clear feedback.

Based on the Performance Standards, in the context of supervision and evaluation, the evaluator will:

•      Facilitate an open and honest dialogue that encourages reflection on instructional decisions and professional practice,

•      Affirm educator strengths,

•      Notify the educator of any concerns as they occur,

•      Provide clear, focused feedback and make informed employment decisions,

•      Identify specific areas of needed improvement, if any, and

•      Provide support and direction about improving professional practice.

Based on the Performance Standards, in the context of supervision and evaluation, the educator will:

•      Actively participate in the evaluation process,

•      Reflect on and self-assess his/her performance to inform future practice,

•      Engage in an open, honest dialogue with the supervisor,

•      Respond to feedback about professional performance and job responsibilities, and

•      Work collaboratively with the supervisor to plan and implement any needed improvements.

4. Key Definitions

Roles

•      Primary Evaluator: A person who carries out observations and/or collaborative conferences; synthesizes all data sources and reports in order to write the Comprehensive Evaluation Report.

•      Secondary Evaluator: A person who carries out observations and/or conferences, and provides any reports to the Primary Evaluator for the Comprehensive Evaluation Report. Secondary Evaluators are limited to building administrators, curriculum directors, curriculum coordinators¹ and out-of-district content specialists. Not all educators will have a Secondary Evaluator.

•      Contributing Evaluator: A person who consults and contributes to the Comprehensive Evaluation Report through the use of the Consultation Note or Memorandum of Understanding. Can be any administrator who has observed an educator acting in his/her professional role.

•      Educator: Persons who are included in the collective bargaining Unit A.

•      Professional Teacher Status (PTS): Educators who have completed three full consecutive school years in the Hopkinton Public School District under the appropriate license and report to duty on the first day of the fourth year, attains Professional Teacher Status. There may be rare exceptions under superintendent‘s discretion.

•      Pre-Professional Teacher Status (Pre-PTS): Educators who have not as yet attained PTS. Procedures

•      Observation: The prearranged witnessing and recording of conditions, performance, activities, etc., which forms the basis of information used in the evaluation process and used to develop the Comprehensive Evaluation Report. The findings of the observation will be recorded in the Observation Report and presented to the educator. The resulting Observation Report shall be limited to the claims, judgments, evidence, and impact of the observation period.

¹ For the period of this contract, 2010-2011, curriculum coordinators (Music K-12, Art K-12, Wellness K-12, and Guidance 9-12 only) will continue to serve as Secondary Evaluators. Their role as a Secondary Evaluator shall be limited to curriculum content, and content-specific pedagogy. Furthermore, the curriculum coordinators shall not be involved in employment decisions, such as non-renewal, termination, and transfers. The District and HTA will investigate alternatives to this practice in preparation for the successor contract. Any new positions created through the life of this contract using the term ―Coordinator” will not assume or be assigned any evaluative responsibilities.

• Pre-Observation Conference: Meeting involving the evaluator and educator to share plans, expectations, directions, and other pertinent information about the pending observation only. The Pre-Observation Conference questions on page 32 will be used to structure the conversation.
• Post-Observation Conference: Meeting involving the evaluator and educator to share observations, information, suggestions, rationale, reflections and other items relative to the observation only. (See page 32.)
• Professional Development (related to year 2 and 4 of the PTS cycle): Any activity by which an educator can engage in professional learning to achieve his or her professional goals. These can include, but are not limited to: lesson analysis, action research, consulting or being coached by an expert, research, writing an article about professional practice, graduate course work, observing and discussing best practice, keeping a journal or reflection log on practice, developing curriculum, attending professional conferences or workshops, and collaborating with colleagues.
• Professional goal (related to Year 2 and 4 of the PTS cycle): Written statement using Form B related to either performance standards or school/district goals that pertain to any of the three evaluation domains. The educator defines the professional goals.
• CJEI: A process and format for writing observation reports using Claims, Judgments, Evidence, and Impact.

Forms (not all forms are listed)

•      Comprehensive Evaluation Report (Form C): The final evaluation report of a school year for all pre-PTS teachers, and PTS teachers in Year 1 and 3. The Comprehensive Evaluation Report summarizes the observations, collaborative conferences, and other data sources gathered throughout the school year. Consultation Notes and Memorandums of Understanding may be referenced.

•      Consultation Note (Form E): A short note to report an observation with positive feedback by a contributing evaluator. Note will be given to both the primary evaluator and the educator.

•      Memorandum of Understanding (Form D): A memo to document a discussion between an evaluator and an educator regarding a verifiable, serious concern. The discussion is memorialized in writing and signed by both parties.

•      Improvement Plan (Form F): A plan for PTS educators whose comprehensive evaluations reflect ―Unsatisfactory” performance. Clear evidence must be provided through observation reports, Memorandums of Understanding, and Consultation Notes prior to the Improvement Plan. Timelines for improvement and expected performance will be clear and reasonable, and completed collaboratively between the evaluator and educator. Additional observations may be part of the Improvement Plan.

Performance Status

•      Proficient with Areas of Distinction: The educator demonstrates proficiency in all standards, and excels in some standards. The educator may be considered an expert or an exemplar in these areas.

•      Proficient: The educator demonstrates proficiency in all standards.

•      Satisfactory with Concerns: The educator demonstrates proficiency in most standards. The educator demonstrates limited or moderate proficiency in some standards, which impact professional responsibilities and/or student learning. The evaluator may request additional observations or data sources to verify that the educator has addressed these concerns. When additional observations are requested, the educator may request an alternate observer in writing. The alternate observer will be assigned by the Superintendent or his/her designee. If the educator does not address the concerns in a satisfactory manner, the educator may be judged to be ―Unsatisfactory” for the Comprehensive Evaluation.

•      Unsatisfactory: The educator demonstrates a lack of proficiency, which negatively impacts professional responsibilities and/or student learning. A performance status of ―Unsatisfactory” will result in an Educator Improvement Plan for PTS educators.

5. Data Sources

Evaluators are encouraged to share commendations about educators‘ day-to-day practices verbally or in writing to provide sufficient opportunities for educators to reflect upon their practices.

In order to create open and clear communication, only information that has been observed or substantiated, and shared with the educator in writing, will be included in the Comprehensive Evaluation.

Concerns about educator performance should be shared with the educator as soon as possible. If the evaluator has serious concerns about the educator‘s performance or professional practice, he or she should document these concerns with the educator using the Memorandum of Understanding. Substantial complaints received by an administrator about the educator will be brought to the attention of the educator as they occur, congruent with Article 8, Section B3 of the teacher contract.

In addition to the mandatory classroom observations (see pages 18-21), evaluators and educators may use a variety of these data sources at different points during the process to provide a more comprehensive view of the educator‘s practice.

•              Collaborative Conference - The evaluator meets with the educator to share, gather, and/or analyze information and ideas about the educator‘s practice as it pertains to the Performance Standards. The collaborative conference will occur at the request of the educator and documented on Form I.

•      Walk-Throughs - The supervisor may make short visits up to fifteen (15) minutes to the educator‘s classes and may provide timely feedback to the educator (through a Consultation Note, or in a conversation with an educator that is memorialized in a Memorandum of Understanding).

•      Portfolio - In collaboration with the evaluator, the educator may prepare a collection of artifacts to demonstrate their expertise relative to the Educator Performance Standards. The educator may create a working portfolio filled with artifacts sorted by standard. A short narrative that indicates the connection between the evidence and the standard with which it is connected may accompany each artifact. Artifacts may include but are not necessarily limited to:

•      Mini-Portfolio - The educator may provide evidence relative to standard(s) if an evaluator has documented concerns about professional performance.

•      Activities - The supervisor will review the educator‘s participation in accomplishing the goals and meeting the priorities of his/her grade, team, TEAM, department, building, and/or the district. Coursework and participation in professional organizations pursued outside of the school day may be considered in this category.

•      Student work and/or written educator work - The evaluator may request or review pertinent supporting documents that demonstrate standards that are not otherwise observable. The educator is encouraged to share other relevant and useful documents with the evaluator.

6. Performance Standards

Evaluators assess educators‘ performance against performance standards that are organized into three domains: Teaching and Learning, Learning Environment, and Professional Responsibilities. Each sub-group of teachers is assessed using standards that are reflective of their differing responsibilities, though many standards remain the same across all standard lists.

These standards are in the following order:

•      Teacher

•      Occupational/Physical therapist

•      Speech/language pathologist

•      Library Teacher

•      School Psychologist

•      Team Chair

•      Guidance Counselor

•      Technology Integration Coordinator

TEACHER

DOMAIN ONE – TEACHING AND LEARNING The teacher:

A.    Utilizes the state, district, and/or national curriculum standards for the grade and content taught.

B.    Links curriculum, instruction and assessment within the lesson and the unit to advance student understanding.

C.    Monitors student understanding through various forms of assessment, and uses exemplars to guide student work.

D.    Plans, implements, and differentiates instruction around students‘ needs, prior knowledge, and readiness to learn.

E.    Promotes high academic and social expectations for all students.

F.     Makes learning goals clear to students.

G.    Uses a variety of instructional strategies and questioning techniques to promote student participation, critical and creative thinking, problem solving, inquiry, and cooperative learning opportunities.

H.     Uses technology to advance student understanding.

I.     Provides accurate, constructive, specific, and timely feedback to students.

DOMAIN TWO – LEARNING ENVIRONMENT The teacher:

A.    Provides equitable learning opportunities and access to the curriculum for all students.

B.    Promotes equity and appreciation/acceptance of diversity.

C.    Organizes the age-appropriate learning environment to promote academic understanding, quality interpersonal relationships, and proactive social skill development.

D.    Utilizes pacing, structure, routines, activities, assignments, and grouping of students in order to encourage independent learning.

DOMAIN THREE – PROFESSIONAL RESPONSIBILTIES The teacher:

A.    Maintains accurate records of completion of student assignments, progress in learning, attendance, and other required information or mandated documents.

B.    Communicates and interacts with students, parents, administrators, community members, and colleagues in a timely, constructive and professional manner.

C.    Participates in school, district, team or departmental activities and decision-making.

D.    Incorporates school and district goals into his/her work.

E.    Reflects upon and self evaluates his/her teaching practice.

F.     Seeks, shares, and uses relevant and current research to improve his/her teaching.

OCCUPATIONAL/PHYSICAL THERAPIST

DOMAIN ONE – TEACHING AND LEARNING The occupational or physical therapist:

A.    Utilizes the state, district, and/or national curriculum standards for the grade and content taught.

B.    Links curriculum, instruction and assessment within the lesson and the unit to advance student understanding.

C.    Monitors and assesses student performance through various forms of assessment to continue intervention.

D.    Plans, implements, and differentiates instruction, equipment and materials around students‘ needs, prior knowledge, and readiness to learn.

E.    Promotes high expectations for all students, given their physical challenges.

F.     Makes learning goals clear to students.

G.    Uses a variety of instructional strategies and questioning techniques to promote student participation, critical and creative thinking, problem solving, inquiry, and cooperative learning opportunities.

H.    Uses assistive technology to advance student understanding.

I.     Provides accurate, constructive, specific, and timely feedback to students.

DOMAIN TWO – LEARNING ENVIRONMENT The occupational or physical therapist:

A.    Provides equitable learning opportunities and access to the curriculum.

B.    Promotes equity and appreciation/acceptance of diversity.

C.    Organizes an age-appropriate learning environment to promote academic understanding, quality interpersonal relationships, and proactive social skill development.

D.    Utilizes pacing, structure, routines, activities, assignments, and grouping of students in order to encourage independent learning.

DOMAIN THREE – PROFESSIONAL RESPONSIBILTIES The occupational or physical therapist:

A.    Maintains accurate records of progress in learning, attendance, and other required information or mandated documents.

B.    Communicates and interacts with students, parents, administrators, school related organizations and agencies and colleagues in a timely, constructive and professional manner.

C.    Participates in school, district, team or departmental activities and decision-making.

D.    Incorporates school and district goals into his/her work.

E.    Reflects upon and self evaluates his/her teaching practice.

F.     Seeks, shares, and uses relevant and current research to improve his/her teaching.

SPEECH LANGUAGE PATHOLOGIST

DOMAIN ONE – TEACHING AND LEARNING The Speech and Language Pathologist:

A.    Utilizes the state, district, and/or national curriculum standards for the grade and content taught.

B.    Links curriculum, instruction and assessment within the lesson and the unit to advance student performance.

C.    Monitors student performance through various forms of assessment.

D.    Plans, implements, and differentiates instruction around students‘ needs, prior knowledge, and readiness to learn.

E.    Promotes high academic and social expectations for students with communication impairments.

F.     Makes learning goals clear to students.

G.    Uses a variety of instructional techniques and teaches compensatory strategies to promote student communication skills according to the students‘ Individualized Education Plan (IEP).

H.    Uses technology to advance student performance.

I.     Provides accurate, constructive, specific, and timely feedback to students.

DOMAIN TWO – LEARNING ENVIRONMENT The Speech and Language Pathologist:

A.    Promotes equity and appreciation/acceptance of diversity.

B.    Organizes the learning environment to promote academic understanding, quality interpersonal relationships, and proactive social skill development.

C.    Creates an age-appropriate learning environment specific to students‘ needs and learning profiles.

D.    Utilizes pacing, structure, routines, activities, assignments, and utilizes materials in order to encourage generalization of learned skills.

DOMAIN THREE – PROFESSIONAL RESPONSIBILTIES The Speech and Language Pathologist:

A.    Maintains accurate records of progress in learning, attendance, and other required information or mandated documents.

B.    Communicates and interacts with students, parents, administrators, school related organizations or agencies and colleagues in a timely, constructive and professional manner.

C.    Participates in school, district, team or departmental activities and decision-making.

D.    Incorporates school and district goals into his/her work.

E.    Reflects upon and self evaluates his/her practice.

F.     Seeks, shares, and uses relevant and current research to improve his/her practice.

LIBRARY TEACHER

DOMAIN ONE – TEACHING AND LEARNING The library teacher:

A.    Works closely with the appropriate classroom teacher to target needed skills.

B.    Utilizes the state, district, and/or national curriculum standards for the grade and content taught.

C.    Links curriculum, instruction and assessment within the lesson and the unit to advance student understanding.

D.    Collaborates with teachers in the instruction of literacy skills that are necessary for students to search for, evaluate, and synthesize information from the Internet and print resources.

E.    Monitors student understanding through various forms of assessment, and uses exemplars to guide student work.

F.     Plans and implements instruction around students‘ needs, prior knowledge, and readiness to learn with the assistance of the appropriate classroom teacher.

G.    Promotes high academic and social expectations for all students.

H.     Makes learning goals clear to students.

I.     Uses a variety of instructional strategies and questioning techniques to promote student participation, critical and creative thinking, problem solving, inquiry, and performance skills.

J.      Uses technology to advance student understanding.

K.     Provides accurate, constructive, specific, and timely feedback to students.

DOMAIN TWO – LEARNING ENVIRONMENT The library teacher:

A.    Provides and maintains a library collection that:

1)       Provides equitable learning opportunities and access to the curriculum for all students.

2)       Promotes equity and appreciation/acceptance of diversity.

3)       Promotes critical thinking and multiple points of view.

4)       Is current.

5)       Includes reliable information resources from recognized sources.

B.    Organizes an age-appropriate learning environment to promote academic understanding, quality interpersonal relationships, and proactive social skill development.

C.    Utilizes appropriate technology to promote, maintain, and circulate the library collection.

DOMAIN THREE – PROFESSIONAL RESPONSIBILTIES The library teacher:

A.    Supports the American Library Bill of Rights

B.    Supports the ethical use of information and respect for intellectual property rights.

C.    Communicates and interacts with students, parents, administrators, community members, and colleagues in a timely, constructive, and professional manner.

D.    Participates in school, district, team or departmental activities and decision-making.

E.    Incorporates school and district goals into his/her work.

F.     Reflects upon and self evaluates his/her teaching practice.

G.    Seeks, shares, and uses relevant and current research to improve his/her teaching.

SCHOOL PSYCHOLOGIST

DOMAIN ONE – TEACHING AND LEARNING The school psychologist:

A.    Links counseling and assessment to further student growth and achievement.

B.    Promotes high academic and social expectations for all students.

C.    Uses a variety of counseling and assessment strategies to promote student growth, critical and creative thinking, problem solving, and social performance skills.

D.    Plans and differentiates counseling and assessment around student needs, prior knowledge, and readiness to learn.

E.    Whenever appropriate, uses technology to support academic and social/emotional growth.

F.     Provides accurate, constructive, specific, and timely feedback to students, parents, and teachers.

DOMAIN TWO – LEARNING ENVIRONMENT The school psychologist:

A.    Promotes equity and appreciation/acceptance of diversity.

B.    Organizes an age-appropriate learning environment to promote academic understanding, quality interpersonal relationships, and proactive social skill development.

DOMAIN THREE – PROFESSIONAL RESPONSIBILTIES The school psychologist:

A.    Maintains accurate records of student progress, attendance, and other required information or mandated documents.

B.    Communicates and interacts with students, parents, administrators, school-related organizations and agencies, and colleagues in a timely, constructive and professional manner.

C.    Participates in school, district, team or departmental activities and decision-making.

D.    Incorporates school and district goals into his/her work.

E.    Reflects upon and self evaluates his/her practice.

F.     Seeks, shares, and uses relevant and current research to improve his/her practice.

TEAM CHAIR

DOMAIN ONE – TEACHING AND LEARNING Team Chair:

A.    Demonstrates awareness of state/district curriculum standards.

B.    Understands and utilizes various assessment reports to guide student eligibility and appropriate services.

C.    Plans and implements the IEP process.

D.    Promotes appropriate expectations for students.

E.    Uses a variety of strategies and techniques to promote Team participation.

F.     Uses technology to collect data and maintain student data and accuracy in reporting.

G.    Provides accurate, specific, and timely feedback about students to administration and colleagues regarding the Team process (eligibility, IEP development, placement).

DOMAIN TWO – LEARNING ENVIRONMENT Team Chair:

A.    Provides support to building staff through dialogue and consultation regarding the Team process.

B.    Promotes equity and acceptance of diversity and disability.

C.    Organizes the Team environment to promote interpersonal relationships, and proactive procedural development and compliance.

DOMAIN THREE – PROFESSIONAL RESPONSIBILTIES Team Chair:

A.    Utilizes meetings with special educators to plan for and ensure Team compliance with state and/or federal regulations, student progress, and the availability of resources.

B.    Maintains accurate records of student files, progress reports, and other mandated information and documents.

C.    Communicates and interacts with students, parents, administrators, school related organizations, agencies, and/or colleagues in a timely, constructive and professional manner.

D.    Participates in school, district, team or departmental activities and decision-making.

E.    Incorporates school and district goals into his/her work.

F.     Reflects upon and self evaluates his/her Team Chair role.

G.    Seeks, shares, and uses relevant and current research to improve his/her performance.

GUIDANCE COUNSELOR

DOMAIN ONE – TEACHING AND LEARNING The counselor:

A.    Utilizes best practices for implementing a comprehensive school counseling program that addresses the developmental needs of students.

B.    Provides responsive services, which may include assistance in making referrals to external agencies when appropriate.

C.    Encourages high academic and social expectations for all students, and monitors student progress.

D.    Communicates counseling goals clearly to students and provides them with accurate, constructive, specific, and timely feedback.

E.    Uses a variety of counseling strategies and psycho-educational techniques to promote academic, social/emotional and/or career growth for students.

F.     Promotes counseling services, programs and resources for the full range of learners and lifestyles.

G.    Whenever appropriate, uses technology to support academic and social/emotional growth.

DOMAIN TWO – LEARNING ENVIRONMENT The counselor:

A.    Provides equitable counseling opportunities and access to developmental programs for all students.

B.    Promotes equity and appreciation/acceptance of diversity.

C.    Promotes a safe and supportive school climate where mutually respectful relationships are modeled and sustained.

D.    Organizes the counseling environment in such a way as to promote and support student learning, develop strong student-counselor relationships, and create an atmosphere of trust and acceptance.

DOMAIN THREE – PROFESSIONAL RESPONSIBILTIES The counselor:

A.    Maintains appropriate levels of confidentiality.

B.    Maintains accurate student records, effectively manages caseloads, and monitors student progress.

C.    Communicates and interacts with students, parents, administrators, community members, educators, colleagues, and agencies in a timely, constructive and professional manner.

D.    Participates in school, district, team or departmental activities, and decision-making.

E.    Incorporates school and district goals into his/her work.

F.     Reflects upon and self-evaluates his/her counseling practice.

G.    Seeks, shares, and uses current research and professional development opportunities to improve his/her counseling.

TECHNOLOGY INTEGRATION COORDINATOR

DOMAIN ONE – TEACHING AND LEARNING The technology integration coordinator:

A.    Assists teachers in the selection and use of appropriate technology to develop curriculum, instruction, and assessments based on district and state standards.

B.    Assists teachers in the selection and use of technology, including assistive and adaptive technologies, to differentiate instruction around students‘ needs, prior knowledge, and readiness to learn.

C.    Seeks out and introduces new and emerging technologies that promote student participation, critical and creative thinking, problem solving, and inquiry.

D.    Assists teachers in the instruction of technology-based literacy skills that are necessary for students to search for, evaluate, and synthesize information from the internet.

E.    Assists teachers and administrators in selecting technology tools, software, and online resources that are instructionally appropriate for curriculum goals and grade levels.

F.     Differentiates instruction and support to teachers based on their experience and needs.

DOMAIN TWO – LEARNING ENVIRONMENT The technology integration coordinator:

A.    Models for and assists teachers to utilize technology to provide a learner-centered environment with equitable learning opportunities and access to the curriculum for all students.

B.    Models for and supports teachers in the management of instruction and assessment using various technologies.

DOMAIN THREE – PROFESSIONAL RESPONSIBILTIES The technology integration coordinator:

A.    Maintains accurate computerized records where necessary.

B.    Educates staff and students about the district‘s Acceptable Use Policy, and continuously enforces it.

C.    Communicates and interacts with students, parents, administrators, community members, and colleagues in a timely, constructive and professional manner.

D.    Participates in school, district, team or departmental activities and decision-making.

E.    Incorporates school and district goals into his/her work.

F.     Reflects upon and self evaluates his/her practice in terms of modeling, coaching, and instructing.

G.    Seeks, shares, and uses current research and professional development about the integration of technology into instruction and how to use technology to increase student learning.

7. Evaluation Procedures

The supervision and evaluation process is differentiated for educators at different career phases. The Pre-Professional Teacher Status (Pre-PTS) educator is either a novice teacher or a teacher new to Hopkinton. Teachers who have attained Professional Teacher Status (PTS) have worked successfully in the district for three full years following licensure.

By October 1^st, all educators sign the Evaluation Plan Acknowledgment to indicate receipt of the Educator Performance Standards and to acknowledge their evaluation plan for that year.

The following charts describe the formal procedures and conferences used in the educator evaluation and professional growth process. The Primary Evaluator completes the forms. Contributing evaluators should be identified by October 1^st whenever possible and should sign the evaluation forms to which they have contributed. If additional contributing evaluators are identified after October 1^st, the teacher will be informed in writing.

Educators WITHOUT Professional Teacher Status Timelines, Forms, and Conferences for Evaluation and Professional Growth Cycle

*The educator may request an alternate observer in writing if a third observation is required. The alternate observer will be assigned by the Superintendent or his/her designee.

Educators WITH Professional Teacher Status Required Timelines, Forms, and Conferences for the Educator Evaluation and Professional Growth Cycle

*The educator may request an alternate observer in writing if a second or third observation is required. The alternate observer will be assigned by the Superintendent or his/her designee.

Pre-Professional Teacher Status (Pre-PTS) Timelines and Forms

•      The evaluation cycle is yearly.

•      A Comprehensive Evaluation (Year 1 through 3) consists of a minimum of two observations and a maximum of three observations. The first observation must be completed by December 15^th, the final observation by April 15^th, and a Comprehensive Evaluation Report (Form C), by May 15^th.

•      Prior to each observation, a pre-observation conference is held.

•      After each observation, a post-observation conference is held. The Post-Observation Conference should ideally be scheduled within three (3) school days of the Observation. Within ten school days after the observation, a written Observation Report (Form A) is provided to the educator.

•      The evaluator provides a Comprehensive Evaluation Report (Form C) to the educator by May 15^th.

Professional Teacher Status (PTS) Timelines and Forms

•      The evaluation cycle alternates yearly between a Comprehensive Evaluation Year and a Professional Development Year.

•      A Comprehensive Evaluation Year (Year 1 and 3) consists of a minimum of one observation, and a maximum of three observations for educators below Proficient, and a Comprehensive Evaluation Report (Form C).

•      A Professional Development Year (Year 2 and 4) consists of submitting Professional Development Goals (Form B) to the evaluator by November 1^st and the Written Reflection by June 1^st.

•      Prior to each observation, a pre-observation conference is held.

•      After each observation, a post-observation conference is held. The Post-Observation Conference should ideally be scheduled within three (3) school days of the Observation. Within ten school days after the observation, an Observation Report (Form A) is provided to the educator.

•      The evaluator provides a Comprehensive Evaluation Report (Form C) to the educator by June 1^st.

Educator’s Improvement Plan Timelines and Forms

The Educator‘s Improvement Plan is implemented for PTS educators whose comprehensive evaluations reflect ―unsatisfactory” performance.

•      The evaluator and the educator collaborate on the Educator’s Improvement Plan (Form F) by the end of the academic year in which the concerns have been documented.

•      The educator has the option to request a different evaluator to craft and oversee the Educator’s Improvement Plan (Form F). This request must be made in writing within five school days following the receipt of Comprehensive Evaluation Report (Form C). The Superintendent of Schools or his/her designee will assign the alternate evaluator to collaborate with the educator.

•      By October 1^st, the educator again acknowledges their participation in the Educator’s Improvement Plan (Form F) on the Evaluation Plan Acknowledgment (Form H).

•      According to the schedule outlined in the Improvement Plan, the educator and evaluator will meet to discuss progress and complete the Improvement Plan Progress Report (Form G). All progress reports must be completed by June 1^st.

*Note: Only the following evaluation documents will be included in the educator‘s personnel folder, maintained in the District‘s central office:

•       Evaluation Plan Acknowledgement (Form H)

•       Observation Report (Form A)

•       Professional Development Goals (Form B)

•       Comprehensive Evaluation Report (Form C)

•       Memorandum of Understanding (Form D), if any

•       Consultation Note (Form E), if any

•       Educator‘s Improvement Plan (Form F)

•       Educator‘s Improvement Plan - Progress Report (Form G)

•       Collaborative Conference Summary (Form I), if any

Form A

To be completed by the evaluator

Hopkinton Public Schools

Observation Report

Educator ____________ Position/Grade ____________

Evaluator ____________ School ____________

Date ____________ Time of Observation: From ____________ To ____________

Pre-Conference Date ____________ Post-Conference Date ____________

Lesson Objectives:

Evaluator’s Description of the Observation:

Commendations/Recommendations:

Performance Status:

Proficient with Areas of Distinction

Proficient

Satisfactory with Concerns

Unsatisfactory

Additional Observation                                      Additional Observation

Required                                                                Required

______________________________                                          ______________________________

Educator‘s Signature*                                                                        Date

__________________________                                                   __________________                      _______

Evaluator‘s Signature                                                                         Position                                                  Date

*The signature of the Educator means only that s/he has read this document, and does not necessarily indicate agreement. The Educator must sign the report and return it to the Evaluator within five school days. The Educator may attach a written statement of her/his own.

Form B

To be completed Hopkinton Public Schools by educator

Professional Development Goals

(Year Two and Year Four for Educators with Professional Teacher Status)

Educator ________________ Position/Grade ________________

Evaluator ________________ School ________________

Date ________________ Year 2 ________________Year 4

To be submitted by Nov. 1^st

Professional Growth Goals: (related to either performance standards, or school/district goals that pertain to teaching and learning.)

Description of activities to meet Professional Growth Goals:

To be submitted by June 1^st Written Self-Reflection:

________________                                    ________________

Educator‘s Signature*                                 Date

________________                                    ________________                                                 _____________

Evaluator‘s Signature                                  Position                                                                        Date

Form C

To be completed by evaluator May 15 15^th - Pre-PTS

Hopkinton Public Schools

Comprehensive Evaluation Report

Educator ________________ Position/Grade ________________

Evaluator ________________ School ________________

Post-Conference Date ________________

Pre-PTS:              1^st Year              2^nd Year              3^rd Year                                 PTS

Rating:

Based on the Criteria of Effective Performance, this educator’s performance is:

Proficient with Areas of Distinction

Proficient

Satisfactory with Concerns

Unsatisfactory

* A comprehensive rating of ―Unsatisfactory” for PTS educators will require an Improvement Plan.

Supporting Evidence

The Evaluator should assess the Educator‘s performance on the three Domains of Performance Standards. Comments are required for each major area evaluated. The supporting evidence cited must be sufficiently verified and/or witnessed.

Teaching and Learning:

Learning Environment:

Professional Responsibilities:

Commendations/Recommendations:

______________________                                                                             ______________________

Educator‘s Signature*                                                                                        Date

______________________                             ______________________             _________________

Evaluator‘s Signature                                         Position                                                  Date

______________________                                                                             ______________________

Principal‘s Signature                                                                                           Date

*The signature of the Educator means only that s/he has read this document, and does not necessarily indicate agreement. The Educator must sign the report and return it to the Evaluator within five school days. The Educator may attach a written statement of her/his own.

Form D

To be completed by evaluator

Hopkinton Public Schools

Memorandum of Understanding

This is used to document a discussion between an evaluator and an educator regarding a verifiable, serious concern. The discussion is memorialized in writing and signed by both parties.

Educator ____________________ Position/Grade ____________________

Evaluator ____________________ School ____________________

Date: ____________________

Re: ____________________

____________________                                                                                 ____________________

Educator‘s Signature*                                                                                        Date

____________________                                 ____________________ ____________________

Evaluator‘s Signature                                         Position                                  Date

____________________                                                                                 ____________________

Principal‘s Signature                                                                                           Date

*The signature of the Educator means only that s/he has read this document, and does not necessarily indicate agreement. The Educator must sign the report and return it to the Evaluator within five school days. The Educator may attach a written statement of her/his own.

Form E

To be completed by contributing evaluator

Hopkinton Public Schools

Consultation Note

This is a short note to report an observation with positive feedback by a contributing evaluator. The Note will be given to both the primary evaluator and the educator.

Educator ____________________ Position/Grade ____________________

Contributing Evaluator ____________________ School ____________________

Primary Evaluator ____________________

Date: ____________________

Notes:

____________________                                                                 ____________________

Educator‘s Signature                                                                          Date

____________________                                                                 ____________________

Contributing Evaluator‘s Signature                                                 Date

* The Educator may attach a written statement of her/his own.

Form F

To be completed in collaboration between the educator and evaluator

Hopkinton Public Schools

Educator’s Improvement Plan

Educator ____________________ Position/Grade ____________________

Evaluator ____________________ School ____________________

Covers Period From: ____________________ To: ____________________

Date of Conference: ____________________

I.             Performance Standard(s) for which improvement is needed:

Include Domain Number(s) and Letter(s).

II.                  Supports to be provided to Educator to address the above Professional Standards:

III.               Suggested learning activities:

IV.                Expected performance:

V.            Schedule to assess improvement: Comments:

____________________                                                                                 ____________________

Educator‘s Signature*                                                                                        Date

____________________                                 ____________________ ____________________

Evaluator‘s Signature                                         Position                                  Date

____________________                                                                                 ____________________

Principal‘s Signature                                                                                           Date

*The signature of the Educator means only that s/he has read this document, and does not necessarily indicate agreement. The Educator must sign the report and return it to the Evaluator within five school days. The Educator may attach a written statement of her/his own.

Form G

To be completed by evaluator, in consultation with educator

Hopkinton Public Schools

Educator’s Improvement Plan – Progress Repo

Educator ____________________ Position/Grade ____________________

Evaluator ____________________ School ____________________

Covers Period From: ____________________ To: ____________________

Date of Conference: ____________________

I.                 Performance Standard(s) being addressed:

Include Domain Number(s) and Letter(s).

II.                  Supports provided to the educator: (Please attach any relevant documents)

III.               Learning activities accomplished:

IV.                Current performance: (Please attach any relevant documents, such as Form A)

V.                  Modifications to previous plan (if necessary):

VI.                Continued improvements (if necessary):

Recommendation:

Move to Comprehensive Evaluation Year One Remain on Improvement Plan

Comments:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

____________________________                                                               _______________________

Educator‘s Signature*                                                                                        Date

________________                                           ________________           ________________

Evaluator‘s Signature                                         Position                                  Date

________________                                                                                           ________________

Principal‘s Signature                                                                                           Date

*The signature of the Educator means only that s/he has read this document, and does not necessarily indicate agreement. The Educator must sign the report and return it to the Evaluator within five school days. The Educator may attach a written statement of her/his own.

Form H

To be completed by evaluator by October 1^st.

Hopkinton Public Schools

Evaluation Plan Acknowledgement

Educator ________________ Position/Grade ________________

School ________________ Covers period from: ________________ to ________________

Primary Evaluator: ________________ Additional Evaluators: ________________

Evaluations status this year:

Comprehensive Evaluation, Year 1

Consists of a minimum of one Observation, preceded by a Pre-Conference. A maximum of three Observations may be required for educators below Proficient. The first must be completed by Feb. 1 and the others by April 15. Form A will be completed after each observation. Comprehensive Evaluation Report (Form C) completed by June 1.

Professional Development, Year 2

Educator defines Professional Goals (Form B) and means to achieve them by Nov. 1. Educator provides written self-reflection (also Form B) by June 1.

Comprehensive Evaluation, Year 3

Consists of a minimum of one Observation, preceded by a Pre-Conference. A maximum of three Observations may be required for educators below Proficient. The first must be completed by Feb. 1 and the others by April 15. Form A will be completed after each observation. Comprehensive Evaluation Report (Form C) completed by June 1.

Professional Development, Year 4

Educator defines Professional Goals (Form B) and means to achieve them by Nov. 1. Educator provides written self-reflection (also Form B) by June 1.

Educator Improvement Plan

Pre-Professional Teacher Status

A minimum of two Observations and a maximum of three observations (Form A), each preceded by a Pre-Conference, one of which must be completed by Dec. 15, and the others by April 15. Comprehensive Evaluation Report, (Form C), must be completed by the Evaluator by May 15.

I acknowledge receipt of the Criteria of Effective Performance by which my performance will be evaluated.

Educator‘s Signature ________________ Date ________________

Evaluator‘s Signature ________________ Date ________________

Form I

(optional) To be completed by evaluator

Hopkinton Public Schools

Collaborative Conference Summary

Educator ________________ Position/Grade ________________

Evaluator ________________ School ________________

Date ________________ Time of Conference: From ________________ To ________________

Conference Topic:

Summary of Conference:

Commendations/Recommendations:

________________                                                                           ________________

Educator‘s Signature*                                                                        Date

________________                                                                           ________________                           ______

Evaluator‘s Signature                                                                         Position                                                  Date

*The signature of the Educator means only that s/he has read this document, and does not necessarily indicate agreement. The Educator must sign the report and return it to the Evaluator within five school days. The Educator may attach a written statement of her/his own.

Hopkinton Public Schools

Pre-Observation Conference Questions

1.    What is unique about this class‘s composition, your routines, and the culture you have created that are important for the observer to know?

2.    What do you want your students to know and be able to do by the end of this lesson? What curriculum standards are you addressing?

3.    How will you assess your students‘ achievement of the learning goals you have identified for this lesson?

4.    What is your planned sequence of instructional activities for the lesson?

5.    How does this lesson fit into instruction that preceded it and instruction that will follow?

6.    How will you meet the needs of different learners in your class?

7.    What feedback would be most helpful to you? Is there anything in particular that you want the observer to be aware of, or focus on, during your lesson?

Hopkinton Public Schools

Post-Observation Conference Questions

1.       Were you able to implement the lessons as planned? Why or why not?

2.       What changes, if any, would you make to this lesson for the future and why?

3.       How did you assess your students‘ achievement of the learning goals you have identified for this lesson, and how will you continue to measure progress?

Alignment to Principles of Effective Teaching Standards

 

 

CJEI Process Classroom Observation Reports Using Claims, Judgment, Evidence, and Impact

Definitions

During classroom observations, evaluators will record literal notes about what is seen and heard. These notes provide concrete data to support the judgments that are made about teaching performance, and the impact on student learning, during the writing of the observation report.²

Claim – ―the identification of the areas of performance from the district‘s performance standards.”

Judgment – The value that the observer places on the teacher‘s execution of an instructional method or management technique.

Evidence – ―the literal description of something the observer heard or saw to support the claim.” (Saphier & Gower as quoted in Ribas.)

Impact (a.k.a. ―Interpretation") – ―The impact statement [often] starts with ‗thus,‘ ‗as a result of,‘ ‗therefore" or other [transitional] words and phrases that connect the teaching behavior to the impact on students."

Recommendation – If a problematic area of teaching is discussed, then a recommendation would be made following the impact statement.

Observation Report Examples

An observation report combines the claims, judgment, evidence, impact, and, if needed, recommendation into narrative text. The following two fictitious examples are excerpts of a report that would contain several more paragraphs.

Example 1:

Ms. Shaw continually checked student understanding throughout the lesson [Claim and judgment]. While students worked in small groups on their research synthesis, she checked in on each group at least twice and asked questions that probed their thinking and the conclusions they were drawing. (For example, ―What textual evidence from these two sources tells you that?” and ―What will you do next?") She carried a clipboard on which she jotted notes about each group‘s performance as she moved from group to group [Evidence]. As a result of her questioning and the notes she kept, she developed a clear picture about how well students understood the work they were doing and how skillfully they were completing it [Impact].

_______________________________________________________________________________

² Definitions were taken from Ribas, W. (2005). Teacher Evaluation that Works. Ribas Publications: Westwood, MA.

_______________________________________________________________________________

Example 2:

Mrs. Brown provided very little wait time [Claim and judgment] as she began the lesson with a series of questions connecting the lesson with previous learning, followed by questions about the stability of triangles. Each question that she asked (such as ―Did that return to its original shape?” and ―What shapes do you see?") was followed by one second or less of wait time, after which she supplied the answer [Evidence]. Therefore, students were not afforded the opportunity to think through the questions and formulate their responses [Impact]. Mrs. Brown should improve her use of wait time to reach a target of at least three (3) seconds between posing a question and selecting a student to respond [Recommendation].

Side Letter

October 1, 2001

Ellenore Porter

Hopkinton Teachers Association

Hopkinton Public Schools

88 Hayden Rowe Street

Hopkinton, MA 01748

Re:          Team Meetings

This letter will reflect our understanding regarding the above-mentioned matter. Effective September 1, 2002, all Team Meetings at the Middle School referenced in Article XXI, Section D, and subsection 1c will be forty minutes in duration.

For the 2001-02 school year, the school administration will revisit the current school schedule to see if it is possible to provide additional Team Meeting time for the 7¹ and 8^th grade without making major changes to the current schedule.

If additional Team Meeting time cannot be provided, the three hours for district/building meetings referenced in Article XXI, Section D, and subsection Id will be designated for Team Meeting use for the 2001-02 school year.

Sincerely

___________________________

John E. Phelan, Jr., Ed.D

___________________________                                ___________________________

Ellenor Porter                                                                       Date

HOPKINTON PUBLIC SCHOOLS

HOPKINTON SCHOOL COMMITTEE OFFICE OF THE SUPERINTENDENT

HAYDEN ROWE STREET HOPKINTON MA 01748 TELEPHONE 617-435-4511

January 22, 1980

Mr. Michael Fleming Fresident

Hopkinton Teachers’ Association

Hayden row

Hopkinton, MA 01748

Dear Mr. Fleming:

Regrading the school committee proposal that the teacher may leave the school upon the completing of his/her professional obligation each day after student dismissal it is the intent of the school committee that the present level of after school activities for teachers will not be intended Further, it id the intent of the school committee that teachers will be given acequate notice by administrators of after school meetings or other commitments where their attendance will be required.

Sincerely,

KOPXINTON SCHOOL COMMITTEI

SECOTIATING TEAM

_________________________________

**** White

Side Letter

September 28, 2001

Ellie Porter

Hopkinton Teachers Association

Hopkinton Public Schools

88 Hayden Rowe Street

Hopkinton, MA 0748

Re:          Tuition Reimbursement

Dear Ms. Porter:

This letter will reflect our understanding regarding the above-mentioned matter. The new rates of S750 and 51,000 for tuition reimbursement are for courses taken after September 1,2001.

If this letter is accordance with your understanding, please sign below.

Very truly yours,

________________________

John E. Phelan, Jr.

________________________                                                ________________________

Ellie Porter                                                                                     Date

Side Letter

October 1, 2001

Ellenore Porter

Hopkinton Teachers Association

Hopkinton Public Schools

88 Hayden Rowe Street

Hopkinton, MA 01748

Re: Change to the Tentative Agreement

This letter will reflect our understanding regarding the above-mentioned matter. The language indicated below will replace the language on page 5 of the Tentative Agreement related to the teacher bonus for teachers completing their fifth year in the Hopkinton Schools:

"Language to be added here or Appendix B: Upon completing the fifth year of service in the Hopkinton Schools, teachers will receive a one-time bonus of $1,000, providing they sign a contract and return for service for their sixth year of employment. Such bonus will be paid in the fourth payroll period in the teacher's sixth year of employment. This provision goes into effect with teachers who are in their fifth year of service during the 2001-02 school year."

Sincerely,

__________________________

Yohn E. Phelan, Jr.. EA.D.

________________________                                     ________________________

Ellenore Porter                                                                   Date

Side Letter

May 13, 2002

Ellenore Porter

Hopkinton Teachers Association

Hopkinton public Schools

88-A Hayden Rowe Street

Hopkinton, MA 01748

Re:          Study Committees:

Sick Leave, Teaching Loads of Specialists, and Coaching Positions

Dear Mrs. Porter:

This letter will reflect our understanding regarding the above-mentioned matters.

The parties agree to establish a joint committee to examine the alternatives to the current sick leave arrangements during the life of the agreement. A recommendation will be made prior to the commencement of negotiations for a successor agreement.

The parties agree to establish a study committee during the life of the agreement to review the teaching load of specialists/related arts. A recommendation will be made prior to the commencement of negotiations for a successor agreement.

The parties agree to establish a committee to review all coaching stipends and make recommendations prior to the commencement of negotiations for a successor agreement.

The parties will meet within thirty (30) days of the execution of the agreement, to establish composition of the committees.

If this letter is in accordance with your understanding, please sign below. Very truly yours,

________________________

John E. Phelan, Jr., Ed.D.

________________________                        ________________________

Ellenore Porter                                                      Date

IN WITNESS that this Memorandum of Agreement has been ratified by the Committee and the Association, their authorized representatives hereby affix their hands and seals.

FOR THE HOPK1NTON SCHOOL COMMITTEE

________________________                                                 ________________________

Chairman                                                                                       Date

FOR THE HOPKINTON TEACHERS ASSOCIATION

________________________                                                  ________________________

President                                                                                         Date

SIDE LETTER OF AGREEMENT

BETWEEN

THE HOPKINTON SCHOOL COMMITTEE

AND

THE HOPKINTON TEACHERS’ ASSOCIATION

This SIDE LETTER OF AGREEMENT is entered into by and between the Hopkinton School Committee (hereinafter the “Committee”) and the Hopkinton Teachers' Association (hereinafter the “Association”).

WHEREAS, the Committee and the Association have entered into a Collective Bargaining Agreement for the period of September 1, 2004 through August 31, 2007; and,

WHEREAS, as part of its negotiations for said Collective Bargaining Agreement, the parties met and negotiated over the implementation of a change in the Middle School schedule; and,

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

1.                   The School Committee shall have the option to implement a rotating schedule for the Middle School substantially similar to the one presented effective September 2005. The Committee will notify the Association of its exercise of this option no later than December 31, 2004.

2.                   In the event that the Committee decides to implement the schedule referenced above, then:

A.            Middle School members will be provided with professional development and training relative to this schedule change during the 2004-2005 school year; and

B.            For September and October of 2005, there shall be no observation of Middle School members conducted under the parties' evaluation process and the parties agree to extend the deadline for conducting Middle School teacher observations to February 1, 2006.

WHEREFORE, the Committee and the Association have caused this SIDE LETTER OF AGREEMENT to be executed by their duly-authorized representatives this day of February, 2005.

Hopkinton School Committee                     Hopkinton Teachers’ Association

By: ________________________                                By: ________________________

John E. Phelan, Jr.                                                               Ellenore Porter

Its Superintendent                                                               Its President

SIDE LETTER OF AGREEMENT

BETWEEN

THE HOPKINTON SCHOOL COMMITTEE

AND

THE HOPKINTON TEACHERS’ ASSOCIATION

This SIDE LETTER OF AGREEMENT is entered into by and between the Hopkinton School Committee (hereinafter the “Committee”) and the Hopkinton Teachers' Association (hereinafter the “Association”).

WHEREAS, the Committee and the Association have entered into a Collective Bargaining Agreement for the period of September 1, 2004 through August 31, 2007; and,

WHEREAS, as part of its negotiations for said Collective Bargaining Agreement, the parties met and negotiated over fulfillment of the minimum time on learning requirements of 990 hours per school year at the High School; and,

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

1.             To meet the time on learning minimum by making the following adjustments to the High School schedule:

WHEREFORE, the Committee and the Association have caused this SIDE LETTER OF AGREEMENT to be executed by their duly-authorized representatives this day of February, 2005.

Hopkinton School Committee                     Hopkinton Teachers’ Association

By: ________________________                                By: ________________________

John E. Phelan, Jr.                                                               Ellenore Porter

Its Superintendent                                                               Its President

SIDE LETTER OF AGREEMENT

BETWEEN

THE HOPKINTON SCHOOL COMMITTEE

AND

THE HOPKINTON TEACHERS’ ASSOCIATION

This SIDE LETTER OF AGREEMENT is entered into by and between the Hopkinton School Committee (hereinafter the “Committee”) and the Hopkinton Teachers' Association (hereinafter the “Association”).

WHEREAS, the Committee and the Association have entered into a Collective Bargaining Agreement for the period of September 1, 2007 through August 31, 2010; and,

WHEREAS, since that time, the parties have met and agreed to the following modifications to be made to said Agreement; and,

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

1.             Article XV of the Collective Bargaining Agreement is amended by adding a new subsection D to read as follows:

For those members who are at Masters' + 60 on the salary scale, tuition reimbursement will be available as outlined in Section B, above, for graduate –level courses that were taken for PDPs only. In order to be eligible for such tuition reimbursement, members shall comply with the provisions of Section A.

2.                   Appendix B to the Collective Bargaining Agreement is amended by inserting under “H.S.Mentors, Coordinators, & Program Directors” the position of “Science Fair Coordinator” at an annual stipend rate of $500.00.

3.                   This Side Letter is subject to ratification by the Parties. The signatories to this Letter agree to use their best efforts to obtain such ratification.

WHEREFORE, the Committee and the Association have caused this SIDE LETTER OF AGREEMENT to be executed by their duly-authorized representatives this First day of April, 2008.

Hopkinton School Committee                     Hopkinton Teachers’ Assocation

By: ________________________                                By: ________________________

John E. Phelan, Ed.D.                                                         Tim Kearnan

Its Superintendent                                                               Its President

MEMORANDUM OF AGREEMENT

BETWEEN

THE HOPKINTON SCHOOL COMMITTEE

AND

THE HOPKINTON TEACHERS’ ASSOCIATION

This MEMORANDUM OF AGREEMENT is entered into by and between the Hopkinton School Committee (hereinafter the “Committee”) and the Hopkinton Teachers' Association (hereinafter the “Association”).

WHEREAS, the Committee and the Association are parties to a Collective Bargaining Agreement for the period of September 1, 2007 through August 31, 2010, which contains at Appendix A the Teachers' Salary Schedule; and,

WHEREAS, it has been determined that certain members of the Association have been incorrectly placed on the aforementioned salary schedule; and,

WHEREAS, the Association and the Committee wish to avoid the time and expense of litigation and desire and intend to resolve any and all disputes and differences among them and the individual affected members concerning issues related to incorrect placement on the salary scale, including but not limited to both the underpayment and overpayment of salary, the parties have agreed as follows, without admission by any party of any wrongdoing;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Association and the Committee hereby agree as follows:

1.                   The record of credits earned for all members and their corresponding placement on the salary scale as of the beginning of the 2001-2002 school year is accepted as accurate.

2.                   Notwithstanding the provisions of Paragraph 1, above, if it is learned that a member has been placed on the salary schedule at Master's column or higher and does not actually hold a Master's degree, the District reserves the right to take corrective action relative to that member's placement per the guidelines set forth below at Paragraph 3.

3.                   An audit of members' professional development and educational attainment has been conducted for the period of beginning with the 2001-2002 school year through the 2007-2008 school year to verify correct lane and step placement on the salary scale using the following parameters:

a.             A Master's degree is accepted and recorded as a Master's degree regardless of the number of credits required by the degree granting institution. In other words, if the institution requires 40 credits for a Master's degree, it is recorded by the Hopkinton Public Schools as a Master's degree, not as a Master's degree plus 10 credits.

b.             The District will count all graduate courses and district in-service courses earned outside a Master's degree, regardless of the date earned (being either before or after the award of a Master's degree), so long as said credits are not used for the earning of the Master's degree.

c.             As a result of the aforementioned audit, correct salary placement and educational credits of all members have been certified as June, 2008.

d.             Members who were incorrectly placed on the salary scale will be placed in their correct lane effective the start of the 2008-2009 school year.

e.             Members who were incorrectly placed on the salary scale and such placement resulted in the underpayment of salary by the District will be made whole.

f.             Members who were incorrectly placed on the salary scale and such placement resulted in the overpayment of salary by the District will be responsible for making restitution to the District up to a cap of $25,000.00. Payment options will be discussed with the individual member.

g.             In the case of either an overpayment or underpayment of wages involving a member, the member and the District will work together to provide the necessary documentation, relative to state and federal income tax and retirement contributions, to the proper agencies, if necessary.

4.             As of the 2008-2009 school year, the following guidelines will be used to audit salary scale placement:

a.             Annually, the District will provide salary scale information on lane and step placement for each member. It is the responsibility of each member to verify this information based on his/her own records, and notify the Human Resources office if placement is in error.

b.             The District will audit the professional development folder upon request by the member or upon consideration for a lane change.

c.             If a potential error is discovered, the District will take the following measures:

1.                   The Human Resource Director will meet with the member to discuss and verify lane and step placement. The member is expected to cooperate with the District in scheduling and participating in such meetings.

2.                   Following verification, the member will be placed correctly on the scale.

3.                   In the case of an underpayment of salary, the District will correct the error and pay the wages owed if the following conditions are met:

a.             Credits and/or step placement are verified; and,

b.             Member provides evidence of Intent to Submit for the time frame in question.

c.             Member provides evidence of a Course Approval form submitted prior to taking the course and signed by the Superintendent or his/her designee.

4.             In the case of overpayment of salary, the District will correct the error and seek restitution under the following conditions:

a.             Restitution will be the actual amount of overpayment (no interest), up to a maximum of $25,000.

b.             The Superintendent will consider, on a case-by-case basis, the terms of repayment.

c.             The dollar constraints set forth above at subparagraph a will not apply if there is a reasonable assumption that the member was aware of the error (such as, but not limited to, the case of a member being paid on or above the Master's scale, when he/she had not yet obtained a Master's degree).

5.             This Memorandum of Agreement is subject to ratification by the Parties. The signatories to this Letter agree to use their best efforts to obtain such ratification.

WHEREFORE, the Committee and the Association have caused this MEMORANDUM OF AGREEMENT to be executed by their duly-authorized representatives this 25th day of September, 2008.

Hopkinton School Committee                     Hopkinton Teachers Association

By: ________________________                                By: ________________________

John E. Phelan, Ed.D.                                                          Tim Kearnan

Its Superintendent                                                               Its President