Lee

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DistrictLee
Shared Contract District
Org Code1500000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2016
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyBerkshire
ESE RegionBerkshires
Urban
Kind of Communityrural economic centers
Number of Schools2
Enrollment839
Percent Low Income Students33
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document AGREEMENT

AGREEMENT

BETWEEN THE

LEE EDUCATION ASSOCIATION

AND THE

LEE SCHOOL COMMITTEE

AUGUST 30, 2013 – AUGUST 31, 2016

ARTICLE I

 RIGHTS OF THE COMMITTEE

Subject only to the limitations contained in this Agreement and Statutes, the Committee retains the exclusive right to manage its business including (but not limited to) the right to determine the methods and means by which its operations are to be carried on, to assign and direct the staff, and to conduct its operations in an effective manner.

As the legislative body charged with the efficient and economical operation of the Lee Public Schools, it is acknowledged that the Committee has the final responsibility of establishing the educational policies of the Lee Public Schools.

ARTICLE II

RECOGNITION

Section A.       This Agreement is made and entered into by the Lee School Committee (hereinafter referred to as the Committee) and the Lee Education Association (hereinafter referred to as the Association) for the purpose of collective bargaining, with respect to wages, hours and other terms and conditions of employment. The Committee recognizes the Association as the exclusive representative of all employees of the Committee as such employees are defined in Chapter 150 E, Section I of General Laws of the Commonwealth of Massachusetts:

Unit A:           All duly-appointed teachers including guidance personnel, house building teacher, Title I teachers, school nurses, librarians, dean of students, school psychologist, but excluding all other employees of the system are in Unit A. This unit is represented by the L.E.A.

Section B.       Before the Committee adopts a policy that affects teachers' wages, hours and other terms and conditions of employment, the Committee will notify the Association in writing, by letter sent to the President, of its intentions prior to implementation of such policy.

Section C. The Association will have the right to negotiate with the Committee concerning such change as provided in Section B and provided it files such request with the Committee within ten (10) days after the receipt of said request.

Section D. Any agreement reached by the parties as a result of this Article will be reduced to writing and will be signed by the Committee and the Association and will become an addendum to this Agreement.

ARTICLE III

SCOPE

The Committee will carry out the commitments contained herein and give them full force and effect. The Committee will amend its administrative regulations and/or policy statement and take such other legal actions as may be necessary in order to give full force and effect to the provisions of this Agreement.

If any provision of this Agreement or any application of this Agreement to any employee or group of employees as classified in Article II of this Agreement shall be found to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications of the Agreement will continue in full force and effect. The parties will meet not later than fifteen (15) calendar days after any such finding for the purpose of renegotiating the provision or provisions affected.

ARTICLE IV

GRIEVANCE PROCEDURE

Section A.       Definition –

1.         A grievance is any claim by the Association or a teacher in writing that there has been a violation, misinterpretation or misapplication of the terms of this Agreement. A grievance may also be a violation of the Association or a member’s right to a fair treatment under the terms of this Agreement.

2.         An arbitral case is one that involves the interpretation, meaning, violation, or application of the provisions of this Agreement.

3.         Days shall mean school days during the school year and when the office is open for business during the summer months.

Section B.       Time Limits -

All time limits herein shall consist of school days. The number of days indicated at each level will be considered a maximum and every effort will be made to expedite the process. Meetings conducted for the purpose of grievance resolutions at levels 1 through 3 shall commence Mondays through Fridays between the hours of 7:00 A.M. and 8:00 P.M. The meeting times may be altered only upon mutual agreement in writing.

Section C.       Association Representation –

Representation chosen by the Association shall be present for any meetings, hearings, appeals, or other proceedings relating to a grievance which has been formally presented. Nothing herein contained will be construed as limiting the right of any party having a grievance to discuss the matter informally with their supervisor and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement, and further, that no party shall be required to discuss any grievance except in the meetings provided below and where his/her representative is present.

Section D.       Purpose -

1.         The purpose of this procedure is to secure, at the lowest possible level, solutions to the problems which may arise affecting the wages, hours, and conditions of employment of members of the bargaining unit who are covered by this contract.

2.         Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration.

Section E.        Procedure -

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. However, the time limits specified may be extended by mutual agreement in writing. The School Committee or its agent will respond, in writing, to all grievances. Upon receiving a timely response, any grievance not forwarded to the next level by the Association within the time limits will be deemed to have been dropped and not eligible for consideration at the next level. A grievance may be submitted:

1.         School Year: No later than twenty (20) school days from the date of the individual's or Association's awareness of the grievance.

2.         Summer Months: No later than twenty (20) school days from the first workday of the following September.

Informal Stage:

A teacher with a grievance will first discuss it with his/her immediate supervisor, either directly or through the Association’s representative, with the objective of resolving the matter informally. The teacher will initiate this stage of the grievance procedure within the time frames listed above in E1 and E2. There will be no time limit for resolving the grievance at this level. If, according to the Association or the supervisor, insufficient progress is made during the informal stage, or the informal stage is deemed to be inappropriate by either party, the supervisor or the Association can elect to initiate Level 1 at any time.

Level 1: If the complaint is not resolved in the informal meetings, then the employee or the Association may present the grievance in writing to the supervisor who will arrange a meeting with the Association within five (5) school days of the receipt of the written grievance. The Association's representative, the supervisor, and the aggrieved teacher shall be present for the meeting. The supervisor must provide a written reply to the aggrieved teacher and the Association within five (5) school days of the meeting.

Level 2: If the grievance is not resolved in Level 1, then the Association shall refer the grievance to the Superintendent within five (5) school days of the written reply of Level 1. He/she shall arrange for a meeting with the Association's representative(s), and/or the aggrieved employee when possible and provide a written reply within five (5) school days of his/her receipt of the appeal in an effort to resolve the grievance.

Level 3: If the grievance is not resolved in Level 2, the Association will arrange for a meeting between the Association's representatives and a subcommittee of the School Committee to take place at a mutually agreeable time but not later than fourteen (14) school days after receipt of a written request from the Association to bring the grievance to Level 3.

Upon the conclusion of the hearings, the Committee will provide the Association with their written decision within five (5) school days. Each party shall have the right to include on its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. All Level 3 grievances will be held in executive session unless mutually agreed to be held in open session.

Level 4: If either party is not satisfied with the disposition of the grievance at Level 3, then the Association may submit the grievance to final and binding arbitration under the rules of the American Arbitration Association which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within fifteen (15) school days of the date for the School Committee's Level 3 reply, then the grievance will be deemed withdrawn. Neither the School Committee nor the Association will be permitted to assert any grounds before the arbitrator which were not previously disclosed to the other party. The arbitrator shall have no power to alter the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursements as he/she judges to be proper to either party. The award and decision made shall be final and binding upon the School Committee, the Association and the aggrieved employee.

Each party shall bear the full costs for its representation in the arbitration and the remaining costs will be shared equally between the parties.

Section F.        The Association and the School Committee agree to the creation of a Resolutions Committee whose sole purpose shall be to investigate mutually agreed to items pertaining to the contract. Serving on this Committee shall be the Superintendent or his/her designee and one (1) additional appointee from the Committee, and the President of the Association or his/her designee and one (1) additional appointee from the Association.

Section G.       General Provisions –

The Committee acknowledges the right of the Association to participate in the processing of a grievance at any level. Provided the parties agree, Level 1 and/or Level 2 of the grievance procedure may be passed and the grievance brought directly to the next step. No reprisals of any kind will be taken by the School Committee or its agents against any teacher because of the participation in this grievance procedure or by any teacher against the School Committee and the Superintendent of Schools. All documents, communications and records dealing with the processing of the grievance shall be filed separately from the personnel files of the participants.

The School Committee and the Association will cooperate with each other in the investigation of any grievance and, further, will furnish to each other such information, if available, as required for the processing of any grievance. Grievance meetings and the investigation of the same will normally take place outside of school hours. Arbitration meetings will be held outside of school hours.

ARTICLE V

TEACHERS' HOURS AND WORKLOAD

Section A.       The Committee and the Association acknowledge that a teacher's primary responsibility is to educate the student. The Committee agrees not to expand existing non-teaching duties during the duration of this Agreement.

Section B.       1.        The present student day will not be lengthened. The workday of classroom teachers at Lee Middle and High School will begin five (5) minutes before the starting time of their first assigned class (Elementary School five (5) minutes before the start of the contracted hours of the formal school day) and will end when their professional duties are completed.

2.        The sixth teaching period is voluntary. Teachers and specialists may only be assigned after volunteering. The sixth teaching period may only be given by their respective building principal with the approval of the Superintendent.

Each teacher and specialist assigned to a sixth teaching period shall receive a statement signed by the building principal detailing the assignment and the amount of the stipend to be paid.

The stipend for the current contract shall be $5000.

Section C. Teachers will be available after school for extra help and/or parent conferences on a regularly scheduled basis, if a need exists, excluding Friday and the day before a holiday.

1.         A schedule will be developed by both the teachers and the administrators so as to avoid conflicts.

2.         Teachers will schedule appropriate time and number of students and/or parents to be present.

3.         If no need exists on a regularly scheduled day for any teacher, said teacher may leave after reporting the lack of need to the proper administrative office.

Section D. The work year for teachers will include days when the students are in attendance, the day before school opens, and two professional development days, except that teachers new to the system will be required to attend additional days to fulfill the requirements set forth in the mentor teacher program article.

Section E        Teachers will have a duty-free lunch period of thirty (30) consecutive minutes.

Section F.        Teachers in grades pre K-6 will have five (5) planning periods per week not to exceed one planning period per day. When appropriate, one of the five planning periods per week will be a grade level common planning time. Kindergarten teachers will be given planning time when a specialist, as defined by the contract, is with the class. When curriculum initiatives are required, additional common planning time will be provided.

Section G. Teachers in grades 7-12, including specialists, will have five (5) planning periods weekly not to exceed one (1) in any one day.

Section H.       Teaching Assignments –

Planning periods are to be used for the planning or completion of professional tasks and are not to be thought of as a “free period.” Each Unit A member is provided a duty-free lunch, which may be used for personal business within the building or out of the building with permission of the appropriate supervisor.

1.        In the elementary school in any grade level that is departmentalized, teachers will not be assigned more than five (5) preparations per day. For the purpose of this section (1) penmanship and spelling will be counted as one preparation.

2a.       Teachers in grades 7-12 will not be assigned more than four (4) preparations per day, provided, however, five (5) preparations will be allowed in order to avoid the lay-off or diminishment of a full-time teacher. If a teacher agrees to (5) preparations per day no administrative assignment will be given.

2b.       A normal day for grades 7-12 shall not exceed 240 minutes plus an administrative assignment period. When it is necessary to assign a sixth teaching period, fair and equitable treatment will be the basis for such an assignment.

3.        No department will be reduced in staff while a member of that department has a sixth teaching-class load.

This provision will by no means interfere with team teaching or voluntary innovative practices.

At the elementary level three minutes passing time will be provided for students to pass to and from specials.

Section I.        The daily schedules for teachers who are assigned to more than one school will be arranged so as to minimize the amount of their inter-school travel. Such teachers will be notified of any changes in their schedules no later than the last day of school. All teachers who are required to use their own automobiles in the performance of their assignments shall receive reimbursement for such use at the prevailing Town of Lee rate.

Section J.        Release Time –

Release time will be granted upon program approval by the Superintendent of Schools.

1.            Students will be released in accordance with times set by the Superintendent of Schools.

2.            The agenda for these meetings will be posted forty-eight (48) hours in advance.

3.            Release time programs for professional development will not lengthen the teacher’s normal work day.

4.            The release time for parent conferences will be from 1:00 to 4:00 p.m. The parties may conduct an annual review of the parent conference schedule.

5.            On release time days, the student day will consist of an abbreviated schedule that does not reduce the regular number of class periods. The parties may conduct an annual review of the abbreviated schedule.

Section K.       Teachers will be notified by the last day of the school year of their programs, room assignment, and schedules for the coming year. This notice will include the school to which they will be assigned, the grades and/or subjects they will teach and any special or unusual classes. Any teacher whose program, room assignment or schedule is by necessity changed, will be notified as soon as possible but in no case later than August 15. It is understood that any change resulting from the unscheduled departure of any staff member that necessitates teacher realignment or reassignment will not pertain to this section.

Section L.        1.        Teachers will not be required to attend more than fifteen (15) meetings during any one school year. Such meetings will not exceed one (1) hour in length and shall not be scheduled on Fridays or days prior to holidays. Attendance to all other meetings will be at the option of the individual teacher. Teachers will be notified of all meetings at least forty-eight (48) hours in advance.

2.         These meetings will include general faculty meetings (Pre K-12) and any subgroup thereof.

3.         Excluded from these meetings will be the general faculty meetings held by the Superintendent on the day prior to the start of the school year.

4.         Meetings will begin as soon as possible after the dismissal time of the students.

Section M.      Teachers may be required to attend two (2) evening meetings devoted to open houses or parent conferences. If additional evening meetings of this nature are required, then each teacher shall be paid per diem for their time. The superintendent or his/her designee shall make clear which meetings beyond the contractual two (2) meetings are required and/or which are requested. No Unit A member shall be disciplined in any way for failure to attend a requested meeting.

Section N. The School Committee recognizes that class size is an important factor in good education and will insure that the size of classes will be the most beneficial for both pupil and teacher and the needs of the Lee Public Schools.

Section O.       Teachers shall not be required to perform the following duties: collecting money or acting as a substitute teacher.

Section P.        A teacher may engage in new and strictly voluntary pilot programs allowing for flexible scheduling of courses outside of the standard operating hours and including extended periods both within and outside of the regular school day, provided there is no diminution or layoff of a Unit A member resulting from these voluntary programs. Additionally, it is recognized and agreed that the teaching time of Unit A members will not be increased as a result of these changes. The Superintendent will meet and confer with teachers, LEA representatives and others involved or interested in these programs.

Section Q        1.        Online grading - The Lee Middle and High School allows student/parent access to grades through an online portal. The working conditions of Unit A members will not be affected by the change in method used to issue grade reports. Members of Unit A will be provided with training and a helpdesk as needed, and they will be held harmless for lost data, hacking, computer or network issues.

2.        Virtual High School - The District and the Association agree to the following terms, conditions, and understandings regarding the implementation of Virtual High School (VHS):

i The VHS program will offer enrichment courses for students. No VHS course shall be used to replace courses that are offered in the Lee Public Schools unless by mutual agreement between the LEA and Administration. VHS may be used for credit recovery.

ii The district shall pay for training of the VHS teacher and site coordinator.

iii The use of VHS shall not result in the layoff or the reduction in hours of any bargaining unit member(s).

iv The District shall negotiate the use of any other on-line learning program.

Section R        The Administration shall require each guidance counselor to work beyond the school year. These days will be limited to the summer vacation period. By June 15 of each year, the administration will identify and assign the additional days needed in consultation with the guidance counselors. Guidance counselors will receive their per diem rates of pay for hours worked during the summer. These days will be equally divided between the current guidance counselors.

ARTICLE VI

SICK LEAVE

Section A.       Each teacher will be allowed up to fifteen (15) days sick leave with full pay, and if not used, these days are to be cumulative to one hundred and eighty (180) days.

Additional sick days may be granted at the sole discretion of the Superintendent. Leave taken under this section requires at least one-half (1/2) hour notice to the proper administrator prior to the starting time of the teaching day.

An Employee may use accrued sick leave when his/her spouse, parent, child, or other member of the immediate household is seriously ill and he/she must be absent to assist the individual.

Section B.       To be entitled to pay for sick leave of five (5) or more successive school days, a teacher shall submit to the principal a written statement from a physician affirming that ill health or disability makes absence necessary.

Section C.       The teacher shall be allowed to apply sick leave concurrent with child rearing leave when certified by a doctor separate from any other leave provided for in this agreement for time that a doctor certifies said teacher to be disabled from the birth of a child. The teacher must submit documentation that verifies such a disability.

ARTICLE VII

LEAVE OF ABSENCE WITH PAY

Section A.        1.         Teachers will be paid for up to five (5) consecutive work days for a death in the family.* Such days are to begin with either the day of death or day of the funeral at the teacher’s discretion.

*Mother, Father, Sister, Brother, Spouse, Child, Grandchild, Mother-in-Law, Father-in-Law, a member of the teacher's household.

Section B.        1.         Teachers will be paid for up to three (3) consecutive work days for a death in the family.* Such days are to begin with either the day of death or day of the funeral at the teacher’s discretion.

*Grandparent, Son-in-Law, Daughter-in-Law, Sister-in-Law, Brother-in-Law.

2.         Teachers will be paid for one (1) day for the death of an Aunt, Uncle, Niece, or Nephew. Said day is to begin with either the day of death or day of the funeral at the teacher’s discretion.

Section C.       Association Representatives will be granted a paid leave of absence to attend Massachusetts Teachers' Association and/or National Education Association Conferences and/or Conventions, provided that the total amount of time taken by all such representatives will not exceed five (5) days per school year. Days beyond two (2) in any year will be subject to approval of the Superintendent and related to the advancement of Association business.

Section D.       Teachers, at the discretion of the Superintendent, may be granted professional days by giving the Superintendent one (1) week notice in writing and indicating how his/her teaching will benefit from such a visit.

Section E.        Court Service – During absence for jury duty or pursuant to a subpoena for jury duty, regular pay will continue, which will be an amount when added to compensation paid by the court will not exceed a teacher's regular salary for the period of absence.

Section F.        FMLA Leave for Serious Health Condition

1.         An eligible teacher shall apply in writing for such leave at least three (3) calendar days in advance of such leave, unless extenuating circumstances prevent such notice, in which case the teacher shall provide as much notice as possible. As part of the application, the teacher shall submit a Department of Labor certification of a health care provider. Copies of this form are available from the Superintendent's office.

2.         While a teacher is on approved FMLA leave and if the teacher is insured through the school department, the Committee shall continue its contribution toward the teacher's health insurance provided that the teacher makes timely contribution toward the health insurance premium. The FMLA leave shall be with pay only to the extent of available sick-leave pay.

3.         The teacher shall utilize all sick leave and personal-day leave concurrently with the FMLA leave.

4.         Prior to a teacher's return from FMLA leave related to his/her own serious health condition, the Superintendent may require a fitness for duty certificate from the teacher's health care provider.

Section G. Personal Days

1.            In each school year, the teacher shall be granted up to two (2) days of leave for imperative personal business or legal obligations that normally cannot be attended to outside of school hours and are not inconsistent with Article VII, Section E. Requests for such leave must be made in writing to the principal as early as possible, but not less than three days before such absence occurs except in emergencies. Teachers will be allowed to take one-half (0.5) days of personal leave. Administrative discretion will be used in emergency situations.

2.            No personal leave will be granted for the sole purpose of extending a holiday or vacation period, nor shall personal leave be taken during the first or last five (5) days of the school year unless the approval of the Superintendent is obtained. The decision of the Superintendent shall be final and shall not be subject to review.

3.           Teachers may receive up to three (3) days leave without loss of pay for required observance of recognized religious holidays/religious rites and when such observance is not possible outside the school day.

ARTICLE VIII

LEAVE OF ABSENCE WITHOUT PAY

Section A.       1.        Public Service –

A leave of absence without pay of up to two (2) years will be granted to no more than 2% of the Unit A members who join the Peace Corps, Vista, Action, Massachusetts Teachers' Corps, Exchange Teacher or other similar public interested programs as a full time participant subject to conditions as stated in Section B.

2.        Military Service –

Military Leave will be granted according to the provisions of federal law and M.G.L. Chapter 33, Section 59. A teacher who is absent for military training duty in the Reserve Component of the Armed Service shall be paid the difference between school pay and government pay in connection with the first eleven (11) scheduled working days of absence in any one calendar year. When an employee is required to meet these training obligations twice within the same calendar year because of the overlap between fiscal and calendar years, the difference between school pay and government pay may be paid for both training periods except that the total amount of the difference paid over a period of two (2) consecutive calendar years shall not exceed the equivalent of two (2) weeks for each calendar year during the same period.

For these purposes, Government pay will include basic pay, pay for special or hazardous duty, quarters allowance, plus any other family allowance provided by law.

School pay will include all items of the salary schedule except extracurricular.

A teacher who has been drafted or is a reservist called to active duty upon discharge or release from active duty may within a reasonable period of time thereafter return to the employ of the Committee. Such teacher will be assigned to the position he/she had previously held at the time of the leave if available. If the position previously held is not available, he/she will be assigned to a position that he/she is certified or qualified for in the judgment of the Superintendent of Schools. All benefits accumulated at the time of the leave will be restored. Teachers will return at the salary step that they were on at the time of the leave. No step advancement will be made until the full year of experience on the step that they were on at the time of the leave of absence is completed. No additional salary will be given because of the length of the leave.

3.        Family Leave of Absence

a.        A family leave of absence without pay shall be granted upon request to any employee for the purpose of giving birth to and/or rearing a newly born infant. Further, a family leave of absence shall be granted upon request to any qualified employee for the purpose of adoption, the foster placement, and/or rearing of a newly adopted or newly placed foster child seven (7) years or younger or in the case of a child twenty-two years (22) or younger who is physically or mentally disabled.

In order to qualify for the family leave of absence:

(1)       Be employed for ninety (90) days in the Lee School system.

(2)       As soon as practicable after the female teacher determines that she is pregnant, she shall inform the building principal.

(3)       The teacher must intend to return to work at the conclusion of the leave of absence.

(4)       The teacher shall notify the Superintendent in writing at least 45 school days prior to the probable date said leave or disability is to commence or as soon as is practicable. At the time of the notification, the teacher shall select in writing one of the following options if applicable:

(a)        Such leave will commence at the arrival of the natural, adoptive, or foster child and end no later than the start of the school year next after the start of the school year following the commencement of the leave. The teacher may choose to end the leave either in the September following the arrival or the next September at his/her choice. However, such leave may not end during a school year unless approved in writing by the Superintendent. Should a situation arise that negates the necessity for such a leave, a teacher may cancel such leave by notifying the Superintendent of Schools of such intent. The teacher may return to work as soon as arrangements can be made to provide a position for such teacher.

(b)       Leave of twelve (12) weeks duration pursuant to the Family Medical Leave Act of 1993 (FMLA leave), is dependent upon the teacher’s eligibility. A female teacher is entitled to use sick-leave benefits for certified disability resulting from childbirth and recovery during the period of this leave. If the teacher is not eligible for FMLA leave, but does want an extended leave of absence, she is entitled to a leave the length of her disability period or eight (8) weeks leave pursuant to M.G.L. c. 149, §105D.

(c)        After three (3) years continuous employment, a teacher whose FMLA leave has or may expire before the teacher can return to work may be granted a leave of absence for up to one (1) year for a physical disability. Requests for such leave or requests for return must be supported by appropriate medical evidence from a doctor selected at the discretion of the Superintendent. This leave is subject to conditions as stated in Article VIII, Section 5.

(d).      After three (3) years continuous employment, a teacher may be granted a leave for the purposes of caring for a sick member of the teacher’s immediate family. Subject to conditions as stated in Section A 3 (4). Time restrictions can be waived in emergency situations. It is understood, however, that thirty (30) days notice will be given under normal circumstances.

b.        While an employee is on paid sick leave or FMLA leave or G.L. c. 194, Section 105D leave, the Committee shall continue its contribution toward the teacher’s health insurance premium provided that the teacher makes timely payment of his/her contribution toward the health insurance premium. The teacher shall continue to accumulate credit and salary advancement credit. A teacher on an unpaid, non-FMLA leave of absence may continue his/her insurance coverage during the leave of absence provided that he/she pays 100% of the monthly premium.

c.        Notice of Return to Work

(1)       Extended leave: A teacher on an extended leave pursuant to Section 1 above shall notify the Superintendent by March 1 (if he/she were scheduled to return at the beginning of the school year) whether or not he/she is going to return to work at the beginning of the school year.

(2)       FMLA Leave: A teacher on FMLA leave under this Section shall notify the Superintendent at least four (4) weeks prior to his/her scheduled date of return from leave whether or not he/she intends to return to work.

4.        a.        Applications for Leave under Article VIII will be submitted in writing to the Superintendent of Schools at least thirty (30) days prior to the intended leave. The Superintendent will respond to such request within fifteen (15) days of receipt of the request.

Upon return from a Leave of Absence, a teacher will be assigned if available to the position he/she had previously held at the time of the leave. If the position previously held is not available, he/she will be assigned to a position that he/she is certified or qualified for in the judgment of the Superintendent of Schools. All benefits accumulated at the time of the leave will be restored. The teacher will return at the salary step that he/she was on at the time of the leave. No step advancement will be made until the full year of experience on the step that he/she was on at the time of the leave of absence is completed. No additional salary will be given because of the length of the leave.

ARTICLE IX

ASSIGNMENTS AND TRANSFERS

Section A.       Teachers who desire a change in the nature of their assignments may request a transfer to a different building, grade, and/or subject area if qualified or certified by April 15 of the school year. All requests will be acknowledged in writing by May 15 of the school year in which the request was made, and if the request is denied, reason for the denial will be given. All requests for transfers will remain in force and a copy placed in the teacher's personnel file until the teacher retracts the transfer request.

Section B.       When in the judgment of the administration a transfer is necessary, a teacher will be assigned to the position only by experience, qualification, and certification.

Section C.       Notice of a transfer will be given to a teacher or teachers in writing within seven (7) calendar days from the time the decision to transfer is made, which will include a meeting with the teacher or teachers to inform them of the reasons for the transfer. Final notification will be in writing within seven (7) calendar days of the meeting.

Section D.       When a transfer is necessary, teachers who have submitted requests for transfers will be considered first.

ARTICLE X

VACANCIES AND PROMOTIONS

Section A.       The Superintendent of Schools shall post in all school buildings, and send a copy to the Association, notices of all vacancies, including promotional positions not covered by this Agreement. Vacancies shall be posted for ten (10) days. During the summer recess, postings will be the same as above except notice will be sent to all officers of the Association. Such notices shall include a job description, statement of qualifications, salary range, and the date by which candidates must apply.

The Superintendent may, at his/her discretion, simultaneously advertise vacancy notices outside the Lee Public Schools. A notice will be sent to any teacher (during the summer recess) who indicates in writing that he/she desires to receive said notice. This request must be renewed annually.

Section B.       Vacancies may be filled on a temporary basis (substitute) during the posting period. Temporary appointments shall not extend beyond 120 days unless mutually agreed upon by the Superintendent and the Association. Vacancies are filled on a temporary basis to permit continuity within the school system.

Section C.       In filling non-promotional vacancies teachers whose request for transfer are on file in the Superintendent's office pursuant to Article IX-A will be considered along with those candidates who apply under the Section A posting(s).

Section D.       All vacancies shall be filled on the basis of experience, qualifications, and certification. If these criteria are relatively equal, then length of service to the Lee Public Schools shall prevail. All qualified internal candidates will be granted an interview.

Section E.        This article shall not apply in cases where a vacancy can be filled by a teacher on recall if said teacher is certified to fill the vacancy.

ARTICLE XI

REDUCTIONS IN STAFF

Section A.       In the event it becomes necessary to reduce the number of employees or to reduce an employee's work load, included in Article II, employees shall be laid off or have their work load reduced in the inverse order of their initial employment under the following conditions:

An employee whose position is eliminated or whose workload is reduced shall either:

1.         Be transferred to an open position for which he/she is certified or has evidence of certification pending by June 1.

2.         Replace an employee with lower seniority and where within the school system is an area in which the laid-off or reduced workload employee is certified or has evidence of certification pending by June 1.

3.         Teachers who choose for economic or other reasons to decline to accept a diminished position shall have recall rights to any open position for which they are certified. Should a diminished position expand to a greater percentage or become full time, the teacher serving in that position shall be retained over employees on recall regardless of seniority.

Section B.       Seniority means a teacher's length of service in years, months, and days in the bargaining unit provided that the seniority of present teachers as of the effective date of this Agreement shall consist of their length of service from their initial date of employment by the Committee. Teachers shall be credited for seniority purposes with all time spent on any paid leave of absence provided for in this Agreement. Beginning in the 2013-2014 school year, new teachers hired by use of a waiver shall not be allowed to count those years toward seniority.

Section C.       In cases involving teachers who have identical seniority in the same areas of certification, preference for retention or recall shall be given to the teacher who has achieved the highest level of training as determined by his/her placement on the salary schedule. Additional approved semester hours will count in making said determination, i.e., M/A + 24 retained over M/A +18.

Section D.      There will be no reduction in force as a result of on-line learning.

Section E.       Teachers who are to be affected by a reduction in work load or layoff must be notified in writing no later than June 15 of the school year preceding the school year in which the reduction in workload or layoff will take effect.

Section F.        Teachers who have been laid off shall be entitled to recall rights for a period of two (2) years from the effective date of their respective layoffs which shall be June 30th. During the recall period, teachers shall be notified by mail to their last address of record and given a preference for position for which they are qualified as they develop in the inverse order of their respective layoffs. Said teachers shall have twenty (20) calendar days to respond in writing to be eligible for the positions. All benefits to which a teacher was entitled at the time of the layoff shall be restored in full upon re-employment within the recall period. During the recall period, teachers who have been laid off shall be given preference on the substitute list if they so desire.

Section G.       Services normally performed by a person(s) who has been laid off shall not be performed by anyone who is not a teacher in the Lee Public Schools.

Section H.       To the extent allowed for by law, laid-off employees may continue group health and life insurance coverage during the recall period as provided by the Committee to members of the bargaining unit by reimbursing the Committee for premium cost. Failure to forward premium payments to the Committee or refusal to return to employment upon recall will terminate this option.

Section I.        The Association shall be notified in writing thirty (30) days in advance of all prospective layoffs and/or reductions in workloads. The Association shall also be notified in writing of all open positions including part time during the recall-period.

ARTICLE XII

TEACHER PROTECTION

Principals and teachers will be required to report any case of assault on teachers in connection with their employment to the Superintendent. The Superintendent shall acknowledge receipt of such report and shall report this information to the Committee. The alleged assault will be promptly investigated by the teacher's principal and the Superintendent who will report the incident to the proper law enforcement authorities.

The Committee will render all reasonable assistance to the teacher in connection with the handling of the incident by law enforcement, legal, or medical authorities. Such assistance shall include, but not be limited to, complying with any reasonable request by the teacher for information in the Committee's possession relating to the incident or the person involved.

ARTICLE XIII

PAYROLL DEDUCTIONS

Section A.       The Committee agrees to deduct from teachers' salaries money for dues for the recognized local bargaining agent as said teachers individually and voluntarily authorize in writing the Committee to deduct and to transmit the monies promptly to such Association or Associations.

Section B.       The Association agrees to indemnify and to hold the Committee harmless against any and all claims, demands, suits, or other forms of liability that shall or may arise out of or by reason of any action taken by the Committee for the purpose of complying with the provisions of Section A above.

Section C.       When authorized individually and voluntarily by a teacher, payroll deductions shall be arranged to permit the making of payments for the teacher's share of insurance benefits provided for in Article XXV of this Agreement and to permit the continuation of other deductions presently being taken out of such teacher’s pay.

Section D        Computer services as follows:

1.         Massachusetts Teachers’ Retirement

2.         Berkshire County Retirement

3.         Blue Cross

4.         Tax Shelter Annuity

5.         MTA Credit Union

6.         LEA Dues

7.         Life Insurance

8.         United Fund

9.         Savings

10.       Disability Insurance Deductions

11.       Pre-Tax Section 125 Plan

12.       VOTE

13.       Dental Plan

ARTICLE XIV

POSITION IN SUMMER SCHOOL, EVENING SCHOOL AND

UNDER FEDERAL PROGRAMS

Section A.       All openings for the summer school and evening school positions and for positions under Federal programs will be publicized by the director in each school building. Teachers who have applied for such positions will be notified of the action taken regarding their applications as early as possible. Summer school and evening school openings will be publicized no later than the preceding June 1 and August 1 respectively, and teachers will be notified of the action taken no later than June 15 and September 15 respectively.

Section B.       Positions in the summer school and evening school and positions under Federal programs will be filled first by regularly appointed teachers in the Lee School System provided they have equal qualifications.

Section C.       In filling such positions consideration will be given to the following criteria: a teacher's subject area, major and/or minor field, and teaching assignment.

Section D.       Teachers will be observed for at least one (1) full period of instruction. The director will discuss his/her observations with the teacher at a mutually convenient time prior to the end of the summer or evening school session.

Section E.        An appropriately certified employee who is offered a state or federally mandated summer school or evening school position must accept within five calendar days and shall be paid at the employee’s regular hourly rate per diem of compensation according to the salary schedule in Article XXXV, Appendix B. If the employee continues in his/her regular school year position into a summer or into an evening school program, the teacher shall be paid at the per diem rate. The rate of compensation provided in any grant-funded position shall prevail. All other programs shall be paid at the rate provided in Article XXXVII, Group F.

ARTICLE XV

TEXTBOOKS, PROGRAMS, AND INSTRUCTIONAL MATERIALS

Section A.       The Committee recognizes that teacher input in the formulation of programs and the selection of instructional materials and textbooks is vital to the educational process.

Section B.       In evaluating instructional material and textbooks for purchase, those making the decision shall consult with the teachers who will be expected to make use of said materials and obtain from them a written evaluation of same within thirty (30) calendar days.

Section C.       When purchasing materials or textbooks those making the decision will notify all those who will be expected to make use of the materials or textbooks within a reasonable time after the decision has been made.

Section D.       Prior to the change in an instructional program, those making the decision will consult with those affected. In the event that there is disagreement, a written statement of the objections and alternative recommendation may be submitted to the Superintendent for review.

Section E.        Final decision in the selection of textbooks, programs and instructional materials rests with the Superintendent or his/her designee.

ARTICLE XVI

TEACHER EVALUATION

Section A.       The purpose of teacher evaluation is professional improvement. Both teachers and evaluators must keep this goal in mind if the evaluation process is to be carried out in a spirit of professional growth.

Section B.       Evaluation of the work performance of a teacher will be conducted openly and with full knowledge of the teacher. The teacher shall be given a duplicate of his/her evaluation and will discuss it with the evaluator. All evaluation discussions should be used to promote improved performance of the teacher. The teacher shall have the right to answer his/her evaluation in writing if he/she so desires. Teachers must sign their evaluations. Such signatures in no way indicate agreement with the evaluation.

Section C.       Evaluations are grievable. If an employer places in his/her personnel record information which such employer knows or should have known to be false, then the employee shall have remedy throughout the collective bargaining agreement to have such information expunged. Chapter 149, Section 52(c).

Section D.       The teacher evaluation process will be conducted in accordance with the provisions of the Lee Public Schools’ Professional Growth and Performance Evaluation in Article XLII, Appendix I of this agreement.

Section E.        All complaints requiring investigation regarding a teacher shall be referred to the proper administrator at the lowest possible level in seeking rectification. The teacher will be informed of the identity of the complainant(s) and the complaint will be reduced to writing and a copy given to the teacher as soon as practicable. The teacher will have the right to answer the complaint in writing to the administrator if so desired.

Section F.        The Association recognizes the authority and responsibility on the principal for disciplining or reprimanding a teacher for non-professional performance. Upon written request teachers will have the right to review the contents of their personnel file and to make copies of the same.

Section G.       If a reprimand is necessary, it shall be done in private and not in the presence of a teacher's class. Upon request the teacher may have Association representation at this meeting.

Section H.       There will be only one (1) official record maintained by the Committee or its designee. No material will be placed in a teacher's folder without the teacher's signature. 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. The Committee or its designee shall have ten (10) school days after the receipt of material to be filed to comply with provisions of this section during the school year. During summer vacation this will be done at a mutually convenient time.

Section I.        At the time of severance from the school system, a teacher will have the right to indicate those documents and/or other records that the teacher believes to be obsolete or otherwise inappropriate for retention. Said records will be reviewed by the Superintendent, and if he/she concurs, they will be destroyed.

Section J.        Meetings held under this Article are not part of Article V, Section L.

ARTICLE XVII

CURRICULUM AND PROFESSIONAL DEVELOPMENT

Section A:       Curriculum Development

1.         Extended Contracts

The Superintendent may offer to teachers an extension of their contract on a per diem basis at 1/183 of their annual salary for in-depth projects in curriculum research, development, or improved methodology. In order to qualify for this extension, the project must meet the following criteria:

a.       A meeting in advance with the Superintendent or appropriate administrator.

b.       Working sessions will be determined in advance by the Superintendent and the teacher selected. Clerical work will also be scheduled at that time.

c.       Present administrators with the final product within thirty (30) calendar days after completion of the project.

d.       Implement and evaluate the findings during the next subsequent school year.

e.       Submit a written report with recommendations within thirty (30) calendar days after the end of the school year.

2.         Curriculum Development

From time to time, teachers may be asked to work on curriculum in their area of expertise/certification in an effort to update and advance the instructional needs of the School District. For work completed on a group/ individual basis exceeding the workday/work year parameters of the contract, teachers shall be compensated at the contracted tutorial rate per hour as specified in Article XXXVII, Appendix D, Group F, unless otherwise authorized under item three (3) below.

3.         Oversight of Curriculum and Professional Development

Prior to any request of curriculum work under this article, the LEA will receive notification from the Superintendent. Such notification shall include:

a.         Description of curriculum work including designation of extended contract.

b.         Expectations and requirements for the project.

Upon receipt of this notification, the LEA president or designee may request a meeting to discuss curriculum work in question. Final determination of Curriculum and Professional Development projects will rest with the Superintendent.

4.        Professional Development

Teachers are encouraged to participate in professional development activities, workshops, and seminars. When such participation is voluntary, reimbursement will not be provided unless approved in advance by the superintendent. Documentation including activity content, a short report on acquired skills, itemized costs, and proof of attendance must be provided if any full or partial compensation is to be expected.

Section B:       Professional Development

1.        Joint Labor Management Committee(JLMC)

a.         The members of the Lee Education Association and the Lee School Committee believe it is in the best interest of the Lee Public Schools Community for the professional staff, paraprofessional staff, and administration to work collaboratively in order to determine activities that best reflect the needs of individual teachers/paraprofessionals, the instructional needs of the students, and areas of need as identified in the school and district improvement plans and other measures of school and district effectiveness.

JLMC will be formed each academic year consisting of professional and paraprofessional staff that must include LEA representation, school administrators, and the Superintendent or their designees. It will convene as needed to examine research and data, discuss training needs, review the new evaluation system, and design/modify the annual and long-range strategic plans for the district.

b.         The minimum number of meetings shall be six: once during the first two weeks of the school year, once each quarter, and once during the last two weeks of the school year.

c.         Staff membership on this committee will be organized during the first five days of each academic school year by the LEA and may include non-LEA members. Staff participation will be completely voluntary.

d.        If the committee was to convene during a regular school day, administration would provide coverage for staff members as required.

2.        Sabbatical Leave

a.         Upon the recommendation of the Superintendent of Schools, the Committee may grant sabbatical leave for study, travel, curriculum research, "laboratory" projects, or a combination of them.

b.         Sabbatical leaves will be available to any member after seven (7) years of continuous service in the system.

c.         No more than two percent (2%) of the Unit A members to the nearest whole number will be absent on a sabbatical leave at any one time.

d.         The Committee may grant up to a maximum of 100% of the salary the member would have otherwise received during that year, exclusive of extra duty differentials.

e.         If a grant is received by the member on sabbatical leave, the sum of the grant and the sabbatical leave pay will not exceed 100% of that teacher's annual salary.

f.          A member who accepts such leave will agree to return to the Lee Public Schools for a period of three (3) years. In the event that the staff member does not return for the period stated, he/she will be required to reimburse the Committee the appropriate portion advanced for such a sabbatical leave except in cases of death, incapacitating illness, or other circumstances beyond the control of the individual.

g.         Each member granted a sabbatical leave shall have the right to return to a position substantially equivalent to his/her former position. The staff member will be placed on the salary schedule at the level he/she would have achieved had he/she been in the system during his/her absence.

h.        Requests for sabbaticals must be made in writing no later than sixty (60) days prior to the date on which a tentative operating budget for the ensuing year will be formulated. Such requests must state specifically the purpose of the leave.

i.         The Committee will notify the individual in writing of their decision no later than April 15 of the school year preceding the one in which the leave is to take place.

3.         Seminar and Workshop Programs

a.         It is the desire of the Committee that its staff remains in constant touch with the latest developments within their respective fields.

b.         Therefore, the administrator(s) may suggest or the teacher(s) may request that individual teacher(s) attend such programs during the school year.

c.         In such cases that the administrator requests or agrees that a teacher attend a seminar or workshop, the teacher shall be refunded fees, mileage, and expense incurred in attending these programs, provided the Superintendent of Schools approves such expenditure.

4.         Tuition Refund

a.        Upon receipt of evidence that a teacher has satisfactorily completed a course with a grade of Pass or B or better, the Committee will refund tuition fees, books, and mileage for all courses taken at the request of the Committee or its designee exclusive of courses needed for certification of non-certified personnel.

5.         Fees and Memberships

All fees and membership dues for Professional Associations will be reimbursed provided that they are approved by the Superintendent of Schools.

6.         RETELL Certification Resources

Whereas the Massachusetts Department of Elementary and Secondary Education (“DESE”) has adopted regulations that require that all core academic teachers of English Language Learners (“ELLs”) and building administrators who supervise such teachers must earn a Sheltered English Immersion (SEI) Teacher or Administrator Endorsement by July 1, 2016, and whereas it is the responsibility of each such teacher or administrator to earn such Endorsement, the following agreement has been reached.

1.        Any LEA member who is employed in the Lee Public Schools during 2012-2013, or who becomes employed by the Lee Public Schools prior to July 1, 2016, and who earns the Sheltered English Immersion (SEI) Endorsement by July 1, 2016 while employed by the Lee Public Schools shall receive three (3) Lee Increment Credits that may be utilized toward advancement on any and all lanes of the LEA’s Salary Schedule (Appendix A). The parties expressly agree that for purposes of Article XXXIV of the Contract the three (3) Lee Increment Credits earned for the SEI Endorsement constitute graduate credits within the meaning of Article XXXIV of the Contract. The LEA’s Salary Accreditation Committee Guidelines shall be amended in order to incorporate these agreements. No other compensation will be sought or given for obtaining this Endorsement. The parties further agree that the School Committee shall offer the professional development and training for the SEI Endorsement without cost to LEA members until July 1, 2016, assuming said no cost training continues to be made available by DESE and subject to DESE limitations on the number of training slots. Said training will be scheduled at times outside the contractual work day. In filling slots, preference will be given to members who are required under DESE regulations to earn the SEI Endorsement by July 1, 2016. In the event that all training slots are not taken, and as long as the following is allowed by DESE, the Superintendent or his designee shall notify all LEA members in writing that additional slots are available at no cost to any LEA member interested in taking the training including non-core academic members. If the number of applicants for these additional slots exceeds the number of available slots, preference will be given to those members who are required by DESE regulations to earn the SEI Endorsement, but the remaining training slots shall be awarded on the basis of seniority. In the event that the DESE issues additional SEI/RETELL professional development and training guidelines beyond those that exist as of the date of this Agreement, the LEA and the School Committee shall enter into negotiations concerning any such guidelines.

ARTICLE XVIII

CHAPTER 766

Section A.       Team Evaluations-

1.        Any teacher who is required to participate in a Team Evaluation will be given at least one (1) week's notice.

2.        Team Meetings that do not require the presence of regular education staff will be scheduled during the school day whenever possible.

Section B.       Tutorials -

1.         At the beginning of each school year or if necessary during the school year, the SPED Director will post tutorial positions. Interested teachers will notify the SPED Director in writing within five (5) school days of their interest, teaching experience in the area needed and availability. If a tutor is needed immediately the SPED director may fill the position while the posting is open.

2.         If after five (5) school days there is no interest in tutoring by the teachers within the system, the SPED Director will fill the opening from outside the system.

3.         Full-Time Certified teachers filling a posted tutorial position shall be paid at the rate provided for in Article XXXVII Group F. Preference will be given to Unit A members.

4.         If a need arises for specialized in-school tutoring, an agreement regarding qualifications and payment will be reached via the Superintendent and the Lee Education Association.

Section C.       Regular Classroom Placement of 766 Students

1.        The regular classroom teacher will be required to implement the individualized program prescribed by the Team.

a.         Paraprofessional assistance will be made available as provided for in the student IEP.

b.         No additional preparation period will be provided.

c.         The maximum number of students assigned to any classroom at a given time will be in accordance with the regulations of Chapter 71B and P.L. 94-142.

Section D.       Teacher Training -

1.        When a need exists in the judgment of the Superintendent and a competent instructor(s) can be found, in-service training will be provided for the teacher(s).

2.         If the additional training requested by a teacher will contribute to that teacher's classroom work in SPED, permission to take a course or courses may be granted by the Superintendent.

3.         No additional reimbursements beyond movement within the salary schedule will be made for taking SPED courses.

ARTICLE XIX

SCHOOL CALENDAR

Prior to April 1, the Superintendent shall send the proposed calendar for the following school year to the Association. The calendar will outline the teachers' work year consisting of the pre­school professional day(s) and no more than 180 teaching days as outlined in Article V of the Contract. The work year for Unit A members will not commence before the final Wednesday in August and will terminate no later than June 30th. The calendar will reflect the traditional observances, holidays, and vacations unless otherwise agreed. The Association will notify the Superintendent within ten (10) calendar days if it has concerns with the proposed calendar. The Superintendent will consider any Association concerns.

ARTICLE XX

TEACHER FACILITIES

Section A.       Each teacher will be supplied with facilities adequate to accommodate the storage of instructional materials and personal effects.

Section B.       Each school building will have at least one (1) teacher work area containing equipment and supplies needed for the preparation of instructional materials.

Section C.       Each school building will have at least one (1) faculty lounge area.

Section D.       Each teacher shall have a serviceable desk, chair, file cabinet, working phone, working networked computer, and when possible a laptop computer

Section E.        Clean faculty rest rooms with adequate sanitary facilities shall be provided.

Section F.        Each school will be equipped with a telephone for teacher use. Said telephones will be located in such a manner as to insure privacy. All long distance personal calls must be made using a calling card.

Section G.       Adequate teaching facilities will be provided where no conflicting activities will be scheduled in the same place at the same time.

Section H.       Each teacher upon request shall be provided with equipment, supplies, and materials necessary to carry out such teacher instructional programs.

ARTICLE XXI

DRUG-FREE SCHOOL AND CAMPUS

In accordance with the mandates of the Federal Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act, as amended, and the Lee School Committee's long-standing policy in this area, the parties agree as follows:

The School Committee is committed to maintaining a drug and alcohol-free workplace throughout the school system. Drug and alcohol use in the workplace have tremendous cost in terms of lost time from work, apathy, inferior performance and danger to the health, safety and well-being of the employee, fellow employees, and students.

The manufacture, distribution, dispensation, possession, or use of a controlled substance or alcohol on any school property is prohibited.

All employees are required to remain free of the influence of alcohol or any illegal drug at all times while working and/or on school property.

An employee who is convicted of any criminal drug statute for a violation occurring in the workplace or is part of any workplace-related activities must notify the Superintendent in writing within five (5) days of any conviction, guilty plea, or no-contest plea. Without detracting from the existing rights and obligations of the parties recognized in the other provisions of this contract, management and union agree to cooperate in encouraging employees afflicted with alcoholism or drug abuse to undergo a program designed to rehabilitate the employee.

Compliance with these requirements and prohibitions is a condition of each employee's continued employment, and failure to comply may subject an employee to disciplinary action up to and including discharge and possible referral for prosecution. Any disciplinary action will be taken pursuant to the collective bargaining agreement with the Lee Education Association. Employees who seek counseling, rehabilitation, or re-entry to a service may obtain a list of support programs from the Massachusetts Department of Public Health or from the Massachusetts Teachers' Association. If requested, the School Department will assist individuals in determining what resources are presently available to them.

If the employee refuses to avail himself or herself of assistance, and alcoholism or drug abuse impairs work performance, attendance, conduct, or reliability, the normal contractual disciplinary procedures for dealing with problem employees will be used.

Nothing in this article shall prohibit an employee from using a controlled substance or a substance containing alcohol for medicinal purposes as prescribed by his/her licensed attending physician provided the employee's work performance is not impaired. If an employee's performance, attendance, conduct, or reliability is impaired, the employee shall be subject to corrective discipline up to and including discharge in accordance with this contract. In addition, the employee may also seek assistance and rehabilitation for alcohol and substance abuse.

ARTICLE XXII

SEXUAL HARASSMENT

The Lee Education Association and the Lee School Committee is committed to maintaining a working environment free from all forms of sexual harassment and intimidation. To that end, the Lee School Department is structuring guidelines to be effective immediately and shall apply to all employees. All employees of Lee Public Schools have the right to work in an environment free from sexual harassment.

Compliance with these requirements and prohibitions is a condition of each employee's continued employment, and failure to comply may subject an employee to disciplinary action up to and including discharge and possible referral for prosecution. Any disciplinary action will be taken pursuant to the collective bargaining agreement with the Lee Education Association for employees covered by that agreement or, in the case of employees not covered by that agreement, in accordance with any applicable provisions of the Massachusetts General Laws.

The School Committee shall establish a sexual harassment program to inform employees about:

a)         the problems of sexual harassment in the workplace,

b)         the employer's policy of maintaining a sexual harassment-free workplace,

c)         any available counseling, rehabilitation and employee assistance programs and,

d)         the penalties that may be imposed upon the employee's sexual harassment violation.

ARTICLE XXIII

CODE OF ETHICS

The Committee and the Association recognize the Code of Ethics of the Education Profession as the guidelines for acceptable professional behavior in the Lee School System. The Code of Ethics of the Education Profession is set forth in the Appendix attached hereto and made part of this Agreement.

The Committee and the Association agree that questions involving matters of professional ethics shall be referred to the Association for study and interpretation. This, however, does not enjoin the Committee from taking whatever action it deems necessary within the Laws of the Commonwealth to protect the reputation of its students and staff.

PREAMBLE

The educator, believing in the worth and dignity of each human being, recognizes the supreme importance of the pursuit of truth, devotion to excellence, and the nurture of democratic principles. Essential to these goals is the protection of freedom to learn and to teach and the guarantee of equal educational opportunity for all. The educator accepts the responsibility to adhere to the highest ethical standards.

The educator recognizes the magnitude of the responsibility inherent in the teaching process. The desire for the respect and confidence of one's colleagues, of students, of parents and of the members of the community provides the incentive to attain and maintain the highest possible degree of ethical conduct. The Code of Ethics of the Education Profession indicates the aspiration of all educators and provides standards by which to judge the transgressor.

Principle I-Commitment to the Student

The educator strives to help each student realize his or her potential as a worthy and effective member of society. The educator, therefore, works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.

In fulfillment of the obligation to the student the educator-

1.        Shall not unreasonably restrain the student from independent action in the pursuit of learning.

2.         Shall not unreasonably deny the student access to varying points of view.

3.         Shall not deliberately suppress or distort subject matter relevant to the student's progress.

4.         Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.

5.         Shall not expose the student to unnecessary embarrassment or disparagement.

6.         Shall not on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, or family, social or cultural background, unfairly:

a.         Exclude any student from participation in any program.

b.         Deny benefits to any student.

c.         Grant any advantage to any student.

7.         Shall not use professional relationships with students for private advantage.

8.         Shall not disclose information about students obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.

Principle II: Commitment to the Profession

The education profession is vested by the public with a trust and responsibility requiring the highest ideals of professional service.

In the belief that the quality of the services of the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to promote a climate that encourages the exercise of professional judgment, to achieve conditions which attract persons worthy of trust to careers in education, and to assist in preventing the practice of the profession by unqualified persons.

In fulfillment of the obligation to the profession, the educator:

1.         Shall not in an application for a professional position deliberately make a false statement or fail to disclose a material fact related to competency and qualifications.

2.         Shall not misrepresent his/her professional qualifications.

3.         Shall assist in preventing entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attributes.

4.         Shall not knowingly make a false statement of fact concerning the qualifications of a candidate for a professional position.

5.         Shall not assist a non-educator in the unauthorized practice of teaching.

6.         Shall not disclose information about colleagues obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.

7.         Shall not knowingly make false or malicious statements about a colleague.

8.         Shall not accept any gratuity, gift, or favor that might impair or appear to influence professional decisions or actions.

ARTICLE XXIV

EFFECT OF AGREEMENT

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

Section B.       If any provision of this Agreement or any application thereof shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

ARTICLE XXV

INSURANCE

Section A.       Effective July 1, 2013, the Town shall offer subscribers the following health insurance plans as per Article XLI, Appendix H.

a.         Blue Cross/Blue Shield Network Blue New England Value Plus (HMO)

b.         Blue Cross/Blue Shield Care Elect Value Plus (PPO)

Effective July 1, 2013, the following contribution ratios shall be in effect for active employees. The Town shall contribute seventy-five percent (75%) of the premium cost of the HMO Plans, and the Employees shall contribute the remaining twenty-five percent (25%). The Town shall contribute a dollar amount equal to seventy-five percent (75%) of the premium cost of the HMO Plans toward the PPO Plans, and the Employees shall contribute the remaining amount. In no event shall the Town contribute less than fifty percent (50%) of the premium cost of the PPO Plans, as per the attached IAC agreement and plans.

Section B.       The above-referenced employees will be eligible for Savings Bank Life Insurance ($10,000) and Group Total and Permanent Disability Benefits and Accidental Death Benefits ($10,000) with the Town of Lee contributing seventy-five percent (75%) of the premium cost.

Section C.       The School Committee agrees to allow teachers the option of purchasing disability and dental insurance through payroll deductions using the Pre-Tax Section 125 Plan provided by the Town for all employees providing the LEA selects a single vendor and the teacher assumes one hundred percent (100%) of the costs of such plan.

Section D.       The Town of Lee provides all eligible employees, without cost to the employee, Workers Compensation.

Section E.        The Superintendent of Schools, acting as agent for the Lee School Committee, will recommend that the Town of Lee continue the effort to maintain an Indemnity Plan for Town and School Department Employees.

Section F.        The Lee School Committee will assume upon execution of this Agreement the four hundred dollar ($400) administrative fee for the Flexible Benefit Plan currently in force for the Lee Teachers. The School Committee will also assume any reasonable increase in said fee.

Section G.       The Town and Committee acknowledge that health insurance costs and benefits are mandatory subjects of bargaining and that neither the Town nor the Committee will in the future implement changes in health insurance costs or benefits without first complying with their bargaining obligations under the laws of Massachusetts.

ARTICLE XXVI

GENERAL

Section A.       The contract of any employee will not be terminated by the School Committee except for just cause in accordance with the provisions of the General Laws. In the event the employment contract of a teacher without professional status is not renewed such teacher shall be given the opportunity to meet with such teacher’s immediate supervisor to discuss the reasons for non-renewal. This action concerning non-reappointment shall not be subject to the grievance and arbitration procedures of this Agreement.

Section B.       If negotiation meetings between the Committee and the Association are scheduled during the day by the Committee, representatives of the Association will be relieved from all regular duties as necessary without loss of pay in order to permit their participation in such meetings.

Section C.       The Committee will make available to the Association, in the Superintendent's office, copies of minutes of official Committee meetings and all other public documents that are distributed to Committee members at official meetings, after such meetings. A copy of the official agenda of the meeting will be given to the Association in advance and any attached public documents will be made available to the Association at School Committee meetings.

Section D.       The pay period for teachers shall be every other Thursday in twenty-one (21) installments. Teachers may have the option of receiving their pay at the rate of 1/26th their annual salary and the remainder in a lump sum on the final pay in June provided they request this option prior to August 15. Teachers may not change the method of payment during the school year. Once an option is exercised it will remain in effect unless the Superintendent's office is notified by August 15 for the following year.

Section E.        The Committee and the Association expressly agree that during the life of this Agreement no reprisals will be taken against any employee covered under this Contract because of his/her membership or non-membership in the Association or participation or non-participation in its activities.

Section F.        Teacher participation in extracurricular activities will be voluntary and subject to Superintendent’s approval; teachers will be compensated in accordance with the differential pay schedule.

Section G.       In cases of non-reappointment in the area of extracurricular activities, written notification with specific reasons for this non-reappointment will be given to the individual involved upon request.

Section H.       Teachers and the Association will have use of school facilities for meetings and activities provided that a facilities request form has been submitted and approved.

Section I.        Teachers will be notified at the beginning of each school year of their step, salary, and number of accumulated sick-leave days.

ARTICLE XXVII

NO STRIKE

The Association agrees that for the duration of this agreement with the Lee School Committee, within the Lee School system, it shall not engage in a strike, nor shall it induce, encourage, or condone any strike, work stoppage, slowdown or withholding of service.

Nor shall there be any strike or interruption of work by the Association during the term of this Agreement because of any disputes or disagreements between any other persons or other employers, Unions or Associations who are not signatory parties to this agreement.

Employees who violate this provision shall be subject to disciplinary action including discharge. If the School Committee claims the Association has violated any provision of this Article, it may present such claim to the Association for a meeting between the School Committee's representatives and the Association or its representatives to take place within five (5) calendar days. Upon conclusion of the meeting, the Association will provide the School Committee with its written decision within five (5) calendar days. If the claim is not resolved, the School Committee may submit the dispute to arbitration under the procedure described in Article IV of this agreement.

ARTICLE XXVIII

JUST CAUSE

No member of the bargaining unit shall be disciplined without just cause.

ARTICLE XXIX

DEAN OF STUDENTS

The position of Dean of Students will be subject to an annual appointment by the School Committee based on an annual performance evaluation.

ARTICLE XXX

LONGEVITY PAY

A. Teachers in the District who have completed step 12 of the salary schedule or 12 years of service-not necessarily consecutive - will be entitled to the following annual salary bonus at the beginning of their 13th year of service or after having completed step 12 of the salary schedule:

Years

13/14

14/15

15/16

12-14

750

800

850

15-19

850

900

950

20-24

1000

1050

1100

25-29

1150

1200

1250

30-34

1350

1400

1450

35+

1450

1500

1550

ARTICLE XXXI

MENTOR TEACHER PROGRAM

The parties are committed to providing activities that will be beneficial to teachers who are new to the Lee Public Schools.

To that end, new Unit A employees may be required to attend up to five (5) additional days to occur during in-service days and/or on the teacher’s own time for the purpose of orientation and training preceding and during their first year of employment. PDPs will be given for this work. A schedule establishing the schedule for these days will be set at the onset of the work year.

Each new teacher may be assigned a volunteer mentor teacher who shall be paid a stipend of five hundred dollars ($500) / year for such services. The mentor will conduct no evaluation of the person he/she is mentoring. The position of mentor teacher will be posted; however, final selection and the determination of how many mentor positions are available will rest with the Superintendent of Schools.

ARTICLE XXXII

AGENCY FEE

Section A.       The Committee will respect the position of the LEA/MTA/NEA as the sole and exclusive bargaining agent of all employees in Unit A on matters of wages, hours, and conditions of employment for the life of this Agreement. The parties therefore agree that:

1.        Effective thirty (30) days after the commencement of the 2001-2002 school year or upon the commencement of employment, whichever comes later, each employee, in accordance with the G.L.C. 150E, Section 12, shall be required to pay the service fee to the LEA as a condition of his/her employment in the district.

2.         Any employee who fails to pay the agency fee in lieu of dues to the exclusive bargaining agent will be subject to legal action by the LEA for collection of said fee.

Any cost of collecting said fees will be added to the individual’s total service fee due. The LEA will be solely responsible for enforcing the provisions of this Section. The Committee will not be responsible to enforce any provision of the Section.

3.         The LEA will indemnify, defend, and hold harmless the Committee against any and all claims, actions, or lawsuits of any kind or description, whether at law or inequity, and whether based on statute, constitution, or common law, made or instituted against the Committee or its agents, employees, or administrators resulting from this Section. Specifically, the LEA will have no right of action by way of contribution, counterclaim, or court of competent jurisdiction find the Committee liable for any damages as a result of this Section. The LEA will pay any and all of those damages including interest and charges.

4.         If any court or competent jurisdiction determines that any part of this Section 1, 2, or 3, is unconstitutional, in violation of statute, or otherwise unenforceable, all of the other parts of this 1, 2, and 3, will be null and void.

5.         The service fee shall be calculated in accordance with the provisions of the M.G.L., c. 150E, Section 12, and applicable state and federal constitutional law. Payment of said fee will not entitle the fee payer to be a member in good standing with the LEA.

The LEA will be solely responsible for enforcing the provisions of this Section. The Committee will not be responsible to enforce any provision of the Section.

ARTICLE XXXIII

DURATION

The term of this Contract shall be for three (3) years commencing August 30, 2013, through August 31, 2016 except as provided below:

Section A.       The Contract including Addenda will automatically renew itself for periods of one (1) year thereafter unless either party notifies the other in writing by October 15, 2013, that it wishes to open negotiations for a successor Agreement(s). However, if the provisions of any one article of this Agreement which article is not subject to negotiations after one (1) calendar year, as provided above, may reasonably be said to impose an unfair or oppressive burden upon either party, the parties mutually agree to meet to negotiate necessary changes in such article. Such negotiations may be commenced by either party by written notice to the other party. However, it is expressly agreed and understood that this right to negotiate non-compensatory changes of the Agreement shall be limited to only four (4) specific articles of this Agreement during the two (2) year period. If the parties fail to reach agreement, either party or the parties jointly may petition the State Board of Conciliation and Arbitration to initiate fact finding in accordance with Chapter 150E, § 9 of the General Laws of Massachusetts.

This Agreement shall be effective as August 30, 2013, and shall remain in full force and effect through August 31, 2016.

Signed as of the ________________ day of ____________________________ 2013.

LEE SCHOOL COMMITTEE           LEE EDUCATION ASSOCIATION

___________________________________              ______________________________________

____________________________________            ______________________________________

____________________________________            ______________________________________

____________________________________            ______________________________________

____________________________________            ______________________________________

ARTICLE XXXIV

APPENDIX A

Step/Column Placement

Section A.       1.        Vertical step placement shall be granted provided the teacher has completed the previous step (i.e., completed year(s) of experience).

2.         Teachers hired into the system as of September, 1999 will be placed as follows: Initial vertical step placement of new employees is at the discretion of the Superintendent provided no newly hired teacher shall be placed higher on a salary step schedule than the highest currently employed teacher in the subject area with similar credits, years of service, and education. The Association President will be notified of all step placements.

3.         The LEA, through their president, will be notified of the placement on the salary schedule of all newly hired teachers at the time they are hired.

Section B.       Courses taken for credit after January 1, 1976 shall be approved in advance by the Superintendent on forms available in his/her office. Courses for approval should be in a teacher’s major area of concentration. However, teachers may receive approval for courses outside their major area of concentration provided these courses are part of a program leading to an advanced degree. Exceptions may be granted by the Superintendent in special cases that will benefit the Lee Public Schools. For courses taken beyond the MA (BA+36), the same conditions will apply.

Section C.       Only teachers who as of June 30, 2004 are receiving payment for course work beyond the BA+36+30 column will be grandfathered and will continue to receive payment of forty (40) dollars per credit hour for approved graduate course work completed until such time that they are placed on the MA+45 column when said payment will cease. Not more than $1200 per annum will be paid under this Section D.

Section D.       Movement from column to column will be made when proof of satisfactory course(s) completion is received in writing by the Superintendent's Office.

Example: If proof of column requirements is given during the year, horizontal column movement will be reflected in the following paycheck. Also, the following September the teacher would move to the next step placement in the column he/she was placed during the year.

Any teacher who plans on completing a horizontal column move on the salary schedule must notify the Superintendent in writing of such intent by December 15th preceding the school year in which the horizontal column move will be made.

The LEA will be notified when a teacher moves vertically or horizontally on the salary schedule or when a teacher receives any credits beyond the M.A. +30 column.

Section E.       School nurses shall be paid in accordance with the Appendix B schedule, which represents eighty-five percent (85%) of the B.A. column. Registered nurses will be hired by the Lee Public Schools and will be paid eighty-five percent (85%) of the B.A. column based on years of public school experience. Any nurse who has or who receives a B.S. Degree in nursing shall be placed on the B.A. schedule.

Section F.        Title I teachers will be paid according to the provisions of the salary schedule.

Section G.       The School Psychologist shall be paid according to the teachers’ salary schedule.

Section H.       The present vocational instructor shall be paid on Step 12 of the B.A. column. In addition to his regular salary, the vocational instructor shall be paid one-half (1/2) the difference between B.A. Step 12 and B.A. +15 Step 12 during each year of the contract or until such time that the vocational instructor moves to the B.A. +15 column.

The vocational instructor shall be allowed to move laterally on the salary schedule by fulfilling the following requirements toward obtaining a B.A.:

30 Credits       = B.A. +15 Column

60 Credits      = M.A. Column

90 Credits       = M.A. +15 Column

120 Credits     = M.A. +30 Column

In consideration of the above, the vocational instructor will not receive a daily preparation period.

Section I.        Any teacher who is hired to or reduced to a less than full-time position will have compensation, duties, and benefits prorated to the extent permitted by law. The pro-ration will be the ratio of the teacher's teaching assignment to that of a full­time (100%) teaching assignment.

Section J.        Effective September 1, 1993, elementary teachers who volunteer for duty assignments will be paid an annual stipend of five hundred dollars ($500). If, however, in the judgment of the building principal there are insufficient volunteers, then the building principal will assign duties to the remaining teachers without benefit of compensation.

Section K.       Teachers will be reimbursed for approved travel at the prevailing Town rate

ARTICLE XXXV

APPENDIX B

LEA Salary Schedule - September 2013 through June 2014

STEP

BA

BA +15

MA

MA+15

MA+30

MA+45

DOC

 

 

 

BA+36

BA+36+15

BA+36+30

CAGS

 

1

36,031

37,804

39,575

42,292

45,245

46,326

48,064

2

37,172

40,125

41,767

44,851

46,976

48,643

50,382

3

38,353

41,306

43,196

45,087

48,748

50,960

52,697

4

39,534

42,487

44,615

46,504

50,521

53,275

55,014

5

40,716

43,669

46,068

47,922

52,292

55,592

57,329

6

41,897

44,851

47,448

49,576

54,065

57,909

59,646

7

43,079

46,031

48,867

50,994

55,837

60,225

61,963

8

44,259

47,213

50,284

52,174

57,609

62,541

64,277

9

45,441

49,576

51,703

53,592

59,382

64,857

66,594

10

46,624

51,939

54,300

57,136

63,516

67,174

68,911

11

50,166

54,300

56,900

60,562

67,297

69,490

71,228

12

53,627

57,241

61,158

65,786

72,315

73,250

75,021

LEA Salary Schedule - September 2014 through June 2015

STEP

BA

BA +15

MA

MA+15

MA+30

MA+45

DOC

 

 

 

BA+36

BA+36+15

BA+36+30

CAGS

 

1

36,572

38,371

40,168

42,926

45,923

47,020

48,785

2

37,730

40,727

42,394

45,524

47,681

49,373

51,137

3

38,928

41,926

43,844

45,764

49,480

51,725

53,487

4

40,127

43,124

45,285

47,202

51,278

54,074

55,839

5

41,326

44,324

46,759

48,641

53,076

56,425

58,189

6

42,526

45,524

48,160

50,319

54,876

58,777

60,541

7

43,725

46,722

49,600

51,759

56,675

61,128

62,892

8

44,923

47,921

51,038

52,957

58,474

63,479

65,241

9

46,122

50,319

52,479

54,396

60,272

65,830

67,593

10

47,323

52,718

55,115

57,993

64,468

68,181

69,945

11

50,919

55,115

57,753

61,470

68,306

70,532

72,296

12

54,431

58,100

62,075

66,773

73,399

74,348

76,146

LEA Salary Schedule - September 2015 through June 2016

STEP

BA

BA +15

MA

MA+15

MA+30

MA+45

DOC

 

 

 

BA+36

BA+36+15

BA+36+30

CAGS

 

1

37,121

38,946

40,771

43,570

46,612

47,726

49,517

2

38,296

41,338

43,030

46,206

48,396

50,113

51,904

3

39,512

42,555

44,502

46,450

50,222

52,500

54,290

4

40,729

43,771

45,964

47,910

52,048

54,886

56,677

5

41,946

44,989

47,460

49,371

53,872

57,272

59,062

6

43,164

46,206

48,882

51,074

55,699

59,659

61,449

7

44,381

47,423

50,344

52,535

57,525

62,045

63,836

8

45,597

48,640

51,804

53,751

59,351

64,432

66,220

9

46,814

51,074

53,266

55,212

61,176

66,818

68,607

10

48,033

53,508

55,942

58,863

65,435

69,204

70,994

11

51,683

55,942

58,620

62,392

69,331

71,590

73,380

12

55,247

58,971

63,006

67,775

74,500

75,463

77,288

Employees previously frozen at Step 3 or any other step of the BA column or Step 5 or any other step of the BA+15 column shall move vertically to the next higher step commencing with first year of this agreement and then in accordance with Appendix A, Section A.

This agreement is binding and in effect commencing with the first day of work 2010-2011 school year.

Any Unit A member who has completed seventeen (17) years’ service in the Lee Public Schools may choose to increase their salary in one of the following ways:

A.        A three and two-thirds per cent (3 2/3%) annual salary increase over and above the negotiated salary increase for a period not to exceed three (3) years.

B.        A five and one-half per cent (5½%) annual salary increase over and above the negotiated salary increase for a period not to exceed two (2) years.

Any teacher who plans on increasing his/her salary in this manner must notify the Superintendent in writing of such intent by December 15th preceding the school year in which increase will be granted.

Note: Effective September 1, 2007, this increase will not contribute towards MA teachers’ retirement. Any Unit A member who chose option “A” or option “B” prior to September 1, 2007 is grandfathered.

ARTICLE XXXVI

APPENDIX C

This article regarding the early retirement incentive has been deleted and intentionally left blank.

ARTICLE XXXVII

APPENDIX D

Extracurricular Stipends

Section A                  Group A           Supervisor/Director

Group B           High School, Academic

Group C           High School, Sports

Group D           Elementary

Group E            Middle School

Group F            Saturday/Summer/Evening School Teacher Salaries and Tutoring

Group G           Miscellaneous

Section B.       In order to qualify for pay in the aforementioned groups, it is understood that the major portion of these duties are performed outside the regularly scheduled school day.

Section C.       The activities to be performed will be reviewed on a yearly basis by the School Committee. If the activities are deemed necessary, then the appropriate supervisor will review and evaluate each extracurricular duty. Re-appointments shall be made by the Principal on a yearly basis following evaluation by the appropriate supervisor as follows: Elementary level, the Elementary Administrators; Middle and High School, the Middle and High School Administrators. The Middle and High School Administrators may act with the assistance of the Athletic Director where applicable.

Section D.       All open positions shall be posted by May 1, and appointments made by June 10. In case of registration during the school year, Article X, Section A shall apply.

Section E.        No teacher shall have more than two (2) paid extracurricular activities per year unless exception is made by the building principal.

Section F.        All positions with or without pay within the system are strictly voluntary.

Section G.       The Principal shall be the sole determiner as to qualifications and in no case shall extracurricular appointments to said vacancies be subject to the grievance procedure.

Section H.       Stipends for self-supporting extracurricular positions shall not exceed negotiated salaries for said positions.

Section I.        The Athletic Director’s work day will be as follows:

4 Teaching Periods

1 Preparation Period

2 Duty-free periods at the end of the school day.

Section J.        The Department Heads and Team Leaders will be responsible for the following:

    facilitating regular department/team monthly meetings;

    working with staff to make student course/class placement recommendations;

    working with other department heads/team leaders and staff to facilitate any school-wide curriculum initiatives and needs;

    meeting with the principal once per month and meeting district wide at least twice per year;

    crafting departmental budgets;

    acting as a clearing house for new ideas and initiatives put forth by teachers;

    serving as the coordinator for the adoption of new textbooks/series/and programming;

    assisting in making recommendations for professional development in coordination with the Professional Development Committee;

    conducting non-evaluative classroom visits via peer observations at a teachers’ request;

    participating in training to prepare for the role of department head/team leader;

    stipend of $2,000.00 with the expectation that the role would require a minimum of 50 hours;

    departments and teams shall initially be determined by a sub-committee of the Lee Education Association and Lee School Committee or designee. The configuration of the departments and teams shall be reviewed upon request of either party.

Section K.       The JLMC Facilitator shall be a Unit A faculty member and will be responsible for the following:

    Organization and recruitment of JLMC members according to Article XVII, Section B of the Unit A Contract.

    Organizing and chairing meetings of the JLMC according to the Unit A Contract.

    Keeping the Lee School District informed of the JLMC’s work.

    Working with the Lee School District Department Heads (LMHS), Team Leaders (LES), the Special Education Director, building principals, and the Superintendent with collection and dissemination of information concerning PD opportunities and needs for the district.

    Cooperating with the Superintendent’s office with:

o The assignment and tracking of PDP points for Unit A and Unit C staff.

o Maintenance of a Professional Development Calendar during each Academic year

. •    This position shall be posted and assigned at the district level, and the annual stipend shall be equal to that paid to a Department Head or Team Leader according to the Unit A Contract. In the event the JLMC Facilitator also holds a Department Head or Team leader position, the stipend for the JLMC Facilitator shall be reduced by half of what that position pays.

Section L.        At the beginning of each school year or if necessary during the school year, the Principal will post tutorial positions. Interested teachers will notify the Principal in writing within five (5) school days of their interest, teaching experience in the area needed, and availability. If a tutor is needed immediately because of an emergency, the Principal may fill the position while the posting is open.

Lee Education Association

Stipend Increases at 1.5%, 1.5%, 1.5%

 

Base

Year 1

Year 2

Year 3

GROUP A

2012-13

2013-14

2014-15

2015-16

Director Evening School

3,400

3,451

3,503

3,555

GROUP B

 

 

 

 

Band Director

2,200

2,233

2,266

2,300

Grade 12 Advisor

1,300

1,320

1,339

1,359

Grade 11 Advisor

1,300

1,320

1,339

1,359

Academic Teams Coach (Quiz Team, TV, Decathlon)

2,750

2,791

2,833

2,876

Drama Coach

3,600

3,654

3,709

3,764

National Honor Society

900

914

927

941

Student Council Advisor

850

863

876

889

Math Team Coach

600

609

618

627

Literary Magazine/Newspaper

850

863

876

889

Grade 9 Advisor

600

609

618

627

Grade 10 Advisor

600

609

618

627

Lee Live Advisor

2,300

2,335

2,370

2,405

Yearbook Advisor

2,900

2,944

2,988

3,032

Department Head/Team Leader

2,000

2,030

2,060

2,091

Mock Trial

875

888

901

915

GROUP C

 

 

 

 

Athletic Director *

6,000

6,090

6,181

6,274

Baseball Head Coach

3,700

3,756

3,812

3,869

Basketball Boys Head Coach

3,700

3,756

3,812

3,869

Basketball Girls Head Coach

3,700

3,756

3,812

3,869

Football Head Coach

3,700

3,756

3,812

3,869

Soccer Boys Head Coach

3,700

3,756

3,812

3,869

Soccer Girls Head Coach

3,700

3,756

3,812

3,869

Softball Head Coach

3,700

3,756

3,812

3,869

Volleyball Head Coach

3,700

3,756

3,812

3,869

Tennis Boys Head Coach

3,700

3,756

3,812

3,869

Tennis Girls Head Coach

3,700

3,756

3,812

3,869

Baseball JV Coach

2,300

2,335

2,370

2,405

Basketball Boys JV Coach

2,300

2,335

2,370

2,405

Basketball Girls JV Coach

2,300

2,335

2,370

2,405

Cheerleading Coach

2,300

2,335

2,370

2,405

Football JV Coach

2,300

2,335

2,370

2,405

Golf Head Coach

2,300

2,335

2,370

2,405

Soccer Boys JV Coach

2,300

2,335

2,370

2,405

Soccer Girls JV Coach

2,300

2,335

2,370

2,405

Softball JV Coach

2,300

2,335

2,370

2,405

Volleyball JV Coach

2,300

2,335

2,370

2,405

Intramural Advisor (100 hours)

1,200

1,218

1,236

1,255

Football Assistant

1,075

1,091

1,107

1,124

Golf Assistant

1,075

1,091

1,107

1,124

Soccer Boys Assistant

1,075

1,091

1,107

1,124

Soccer Girls Assistant

1,075

1,091

1,107

1,124

Weight Room Supervisor

1,075

1,091

1,107

1,124

GROUP D

 

 

 

 

Elementary Extracurricular Stipend(s)**

4,400

4,466

4,533

4,601

Elementary Drama

1,100

1,117

1,133

1,150

Elementary Band Director

750

761

773

784

(Jazz Band! 2 days per week)

 

 

 

 

Department Head/Team Leader

2,000

2,030

2,060

2,091

GROUP E

 

 

 

 

Middle School Extracurricular

2,750

2,791

2,833

2,876

Stipend(s)***

 

 

 

 

Middle School Yearbook

350

355

361

366

Middle School Student Council

800

812

824

837

Department Head/Team Leader

2,000

2,030

2,060

2,091

GROUP F (per hour rates)

 

 

 

 

Saturday/Summer/Evening

25.00

25.38

25.76

26.14

Tutoring MCAS Tutoring

25.00

25.38

25.76

26.14

GROUP G

 

 

 

 

Joint Labor Management Committee Facilitator****

2,000

2,030

2,060

2,091

* The Athletic Director shall receive an increase of $4,000 per year above the current rate if a full-time faculty member is filling the position and cannot reduce his/her teaching load.

**To be determined by an elementary committee consisting of teachers and administration (needs assessment) by October 1st.

***To be determined by a middle school committee consisting of teachers and administration (needs assessment). Any other extracurricular middle school activities will be deducted from the lump sum amount by October 1st.

**** In the event the JLMC Facilitator also holds a Department Head or Team leader position, the stipend for the PDC Facilitator shall be reduced by half of what that position pays.

Mileage - at prevailing Town of Lee rate

Extended Contract 1/183 per diem of the teacher's salary plus credits exclusive of extra duties.

ARTICLE XXXVIII

APPENDIX E

CONDITIONS OF WORK – School Psychologist

1.         All work performed will be in accordance with the job description as approved by the School Committee.

2.         It is recognized that the regular workday may not meet the needs of students; therefore, the School Psychologist may in his/her option and as approved by the Superintendent or his/her designee vary the hours and workload from that provided in Article V.

ARTICLE XXXIX

APPENDIX F

This article regarding teacher quarterly self-evaluation has been deleted and intentionally left blank.

ARTICLE XL

APPENDIX G*

Lee Middle and High School Teachers’ Schedule

Lee Middle and High School Teachers’ Schedule

 

 

Lee Middle and High School Professional Development Day Schedule

1

 8:00 – 8:48

1

8:00 – 8:48

1

8:00 – 8:48

1

8:00 – 8:24

2

8:52 – 9:40

2

 8:52 – 9:40

2

8:52 – 9:40

2

8:28 – 8:52

3

9:44 – 10:32

3

9:44 – 10:32

3

 9:44 – 10:32

3

 8:56 – 9:20

1st

LUNCH

4a

10:36 – 11:24

4a

10:36 – 11:24

4

9:24 – 9:48

4b

 11:05 – 11:53

2nd

LUNCH

5a

11:28 – 12:16

5/6

 9:52 – 10:16

5b

 11:57 – 12:45

5b

 11:57 – 12:45

3rd

 LUNCH

7

10:20 – 10:44

6

12:49 – 1:37

6

12:49 – 1:37

6

12:49 – 1:37

8

10:48 – 11:12

7

1:41 – 2:29

7

1:41 – 2:29

7

1:41 – 2:29

 

Lee Elementary School Schedule

Classes start 8:40 a.m.

Recess (Pre-Kindergarten through 4th grade) twenty (20) minutes. There are three (3) minutes passing time to go to specialists.

Included in the departmentalized schedule is ten (10) minutes a day to pass between subjects. (2 minutes)

Teachers have a thirty-minute duty-free lunch

The Elementary school day is six (6) hours and twenty-nine (29) minutes long, including a 30-minute duty-free lunch. Student dismissal is at 3:09 p.m.

*See Article V, Section B

LETTER OF AGREEMENT

The Lee School Committee and the Lee Education Association agree that on and after July 1, 2004, the co-payments for the health insurance available to teachers under their collective bargaining agreement will for doctor’s visits increase from $5 to $15.

ARTICLE XLI - APPENDIX H

April 2, 2013

Health Insurance FY2014

The Insurance Advisory Committee voted at their April 2, 2013 meeting to make the following recommendations for Town of Lee Health Insurance for employees and retirees:

    Change from Blue Cross/Blue Shield HMO Network Blue to Blue Cross/Blue Shield Network Blue New England Value Plus (Berkshire Health Group Lookalike)

    Change from Blue Cross/Blue Shield Blue Care Elect Preferred (PPO) to Blue Cross/Blue Shield Blue Care Elect Value Plus (PPO) (Berkshire Health Group Lookalike)

    That the Town shall not make any plan design changes to our HMO or PPO products for 3 years until renewal effective date July 1, 2016.

    For Active employees -To change Town contribution calculation on the PPO from 75% of the PPO premium to a dollar contribution equal to 75% of the HMO New England Value Plus premium, not to exceed employee contribution of 50%.

    For Retirees-To change Town contribution calculation on the PPO from 60% of the PPO premium to a dollar contribution equal to 60% of the HMO New England Value Plus premium, not to exceed employee contribution of 50%.

    If permitted by statue, grandfather the retirees on the PPO at the current Town contribution of 60% of PPO premium for one year (July 151,2013 through June 30, 2014).

The changes that we have made in the plan design by going to the Value Plus plans are listed on the attached.

Changes in Plan Design on Both HMO and PPO Plans:

1. From $50.00 to $75.00 Emergency Room co-pay

2. From $0 to $150.00 Outpatient/Day Surgery co-pay

3. From $0 to $250.00 Inpatient admission co-pay

4. From $10/$20/$35 co-pay to $20/$40/$70 mail order RX co-pays

5. From $1,500 to $1,000 maximum coverage on medical durable equipment per calendar year.

The Plan Document is attached below.

Article XLI

Appendix I

Lee Public Schools’ Professional Growth and Performance Evaluation

Table of Contents

(1)    Purpose of Educator Evaluation

(2)    Definitions

(3)    Evidence Used in Evaluation

(4)    Rubric

(5)    Evaluation Cycle: Training

(6)    Evaluation Cycle:   Annual Orientation

(7)    Evaluation Cycle:   Self-Assessment

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

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

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

(11)  Observations

(12)  Evaluation Cycle: Formative Assessment

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

(14)  Evaluation Cycle: Summative Evaluation

(15)  Educator Plans : General

(16)  Educator Plans: Developing Educator Plan

(17)  Educator Plans: Self-Directed Growth Plan

(18)  Educator Plans: Directed Growth Plan

(19)  Educator Plans: Improvement Plan

(20)  Timelines

(21)  Career Advancement

(22)  Rating Impact on Student Learning Growth

(23)  Using Student feedback in Educator Evaluation

(24)  Using Staff feedback in Educator Evaluation

(25)  Transition from Existing Evaluation System

(26)  General Provisions

1)   Purpose of Educator Evaluation

2)   Definitions   35.02)

A)        *Artifacts of Professional Practice: Products of an Educator’s work and student work samples that demonstrate the Educator’s knowledge and skills with respect to specific performance standards. The parties shall work together during the 2013-2014 school year and summer of 2014 in order to develop templates for portfolios that reflect acceptable categories of evidence to be implemented during the 2014-2015 school year. The templates will be in the form of sample binders and will address issues of quantity and quality.

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

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

D)        *Categories of Evidence: Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice including unannounced observations of practice, and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03).   Evidence that has not been shared with the Educator within 10 school days shall not be utilized in the evaluation process.

E)        *District-determined Measures: Measures of student learning, growth, and achievement related to the Massachusetts Curriculum Frameworks, Massachusetts Vocational Technical Education Frameworks, or other relevant frameworks that are comparable across grade or subject level district wide. These measures may include but shall not be limited to: portfolios, approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects. District leadership teams and the Association shall create review processes for input into district determined measures which shall then be referred to respective negotiating teams. (The parties will also consider absenteeism and other extenuating circumstances when collaboratively determining, reviewing, and evaluating measures. The parties will discuss class size and make up)

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

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

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

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

iii.      Directed-Growth Plan shall mean a plan developed by the Educator and the Evaluator of one school year for Educators with PTS who are not rated at least overall Proficient.

iv.      Improvement Plan shall mean a plan developed by the Evaluator of no less than one year for Educators with PTS who are rated unsatisfactory after completing a Directed-Growth Plan or who are rated overall Unsatisfactory on their Summative Evaluation on a two-year Self-Directed

Growth Plan with goals specific to improving the Educator’s unsatisfactory performance. In those cases where an Educator is rated Unsatisfactory near the close of a school year, the plan may include activities during the summer preceding the next school year by mutual agreement.

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

I)          *Evaluation: The ongoing process of defining goals and identifying, gathering, and using information as part of a process to improve professional performance (Formative Assessment), and to assess total job effectiveness, and make personnel decisions (Summative Evaluation).

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

i.           Primary Evaluator shall be the Principal or the Direct of Special Education.

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

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

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

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

N)        *Formative Assessment/Evaluation: The process used to assess/evaluate progress toward attaining goals set forth in Educator Plans, Performance on Standards, or both. This process may take place at any time(s) during the cycle of evaluation, but it typically takes place at mid-cycle.

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

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

R)        *Multiple Measures of Student Learning: Measures must include a combination of classroom, district assessments, and student growth percentiles on state assessments if state assessments are available. Any demonstration of student knowledge and skill attainment which may include but are not limited to informal demonstration of student understanding along with associated rubrics, running records, demonstrations of knowledge and/or skills, presentations, performances, projects, experiments, tests, quizzes, reports, essays, portfolios, multi-stage performance tasks, internships, service learning projects, District and State-Determined Measures when guidance is offered by the state. This definition may be revised as required by regulations or agreement of the parties upon issuance of ESE guidance expected by July 2012.

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

Ancillary responsibilities will not be included within an Educator's evaluation unless there is an egregious act performed by the educator or by mutual agreement. Any observation conducted by a district team or colleagues in fulfillment of district initiatives designed to enhance professional development, collegiality, and professional learning communities will not be considered evaluative or evidence

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

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

   Exemplary: the Educator’s performance consistently and significantly exceeds the requirements of a standard or overall. The rating of exemplary on a standard indicates that practice significantly exceeds proficient and may be asked to serve as a model of practice on that standard district wide.

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

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

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

V)        *Performance Standards: Locally developed Standards and Indicators pursuant to M.G.L. c. 71, § 38 and consistent with and supplemental to 603 CMR 35.00.

The parties may agree to limit Standards and Indicators to those set forth in 603 CMR 35.03.

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

X)        *Rating of Educator Impact on Student Learning: A rating of high, moderate, or low based on trends and patterns on State Assessments and District-Determined Measures. The parties will negotiate the process for using State and District-Determined Measures to arrive at an Educator’s rating of impact on student learning, growth, and achievement using guidance and model contract language from ESE which is expected by July 2012.

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

i.      Standard 1: Curriculum, Planning and Assessment

ii.      Standard 2: Teaching All Students

iii.      Standard 3: Family and Community Engagement

iv.      Standard 4: Professional Culture

v.      Attainment of Professional-Practice Goal(s)

vi.      Attainment of Student-Learning Goal(s)

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

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

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

iii.      Elements: Defines the individual components under each indicator

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

v. The parties agree to review the rubrics and adapt them for the 2013-2014 school year. The parties agree to adopt the rubrics on a trial basis for the 2012-2013 school year.

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

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

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

DD)      *Trends in Student Learning: At least four years of data resulting from tests reflecting curriculum that has been in place for two years from the District-determined Measures and state assessments used in determining the Educator’s rating on Impact on Student Learning as high, moderate, or low.

3)      Evidence Used In Evaluation: The following categories of evidence shall be used in evaluating each Educator:

A)        Multiple measures of student learning, growth, and achievement which shall include:

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

ii.       At least two district-determined measures of student learning related to the Massachusetts Curriculum Frameworks or the Massachusetts Vocational Technical Education Frameworks or other relevant frameworks that are comparable across grades and/or subjects district wide. These measures may include: portfolios, approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects. One such measure shall be the MCAS Student Growth Percentile (SGP) or if applicable the Massachusetts English Proficiency Assessment gain scores in which case at least three years of data is required and shall be negotiated during the 2012-2013 school year. Class size and student assignment will also be considered. Teachers may use their floating PD day to prepare portfolios and to prepare, correct, or score capstone projects.

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

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

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

i.            Unannounced observations of practice

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

iii.            Examination of Educator work products.

iv.            Examination of student work samples.

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

i.      Evidence compiled and presented by the Educator including

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

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

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

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

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

4)     Rubric

The rubrics are a tool used for the Educator’s Self-Assessment, the Formative Assessment, the Formative Evaluation, and the Summative Evaluation.   The districts may use either the rubrics provided by ESE or comparably rigorous and comprehensive rubrics developed or adopted by the district and reviewed by ESE.

5)      Evaluation Cycle: Training

A)        Prior to the implementation of the new evaluation process contained in this article, districts shall arrange training for all Educators and Evaluators that outlines the components of the new Evaluation Process and provides an explanation of the Evaluation Cycle. The District through the Superintendent in partnership with the Association shall determine the type and quality of training based on guidance provided by ESE.

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

C)        Educators will receive on-going high-quality training which will include regular demonstrations of exemplary teaching to achieve Exemplary Teaching Status. Educators will be encouraged where time permits to observe each other voluntarily or as directed by administration in order to facilitate demonstrations of exemplary teaching.

6)      Evaluation Cycle: Annual Orientation

A)        Prior to the beginning of each school year (Pre-service Days), the Superintendent, Principal or designee shall conduct a meeting for Educators who are new to the system and Evaluators focused substantially on Educator Evaluation. Previously trained members may be requested or request to be included in the training. The Superintendent, Principal or designee shall:

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

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

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

Educators hired after the annual training shall be provided an overview and forms upon hire.

7)        Evaluation Cycle: Self-Assessment

A)        Completing the Self-Assessment

i.            The evaluation cycle begins with the Educator completing and submitting to the Evaluator a self-assessment by November 1st or within four weeks of the start of their employment at the school whichever is longer.

a.   Nothing herein shall prevent a teacher from expediting this process and completing the Self-Assessment and Goal-Setting Cycles prior to the November 1st deadline. Teachers are encouraged to complete this process as soon as they are prepared.

The self-assessment includes:

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

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

(c)     Proposed goals to pursue:

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

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

B)        Proposing the goals

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

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

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

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

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

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

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

i.    Educators will be provided time to engage in the goal-setting process and to develop Educator plans as appropriate during collaborative planning time, faculty meeting time, and professional development days.

ii. Team time may be provided to consider team goals.

iii. Consultation time with Specialists may be required to complete Educator goals

iv. Time provided as referenced above will not interfere with preparation time or Educator lunch. Educators may voluntarily use common planning time or other non-teaching time to meet to discuss team goals and progress toward those goals.

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

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

i.       Educators in the first year of their employment will meet with their evaluator 4 weeks from the Educator’s first work day of that school year to review regulatory and contractual requirements for evaluation including Goal Setting and the Educator Plan. Depending on the Educator’s date of hire, the Evaluator will make every effort to have this meeting so that the Educator can meet the October 15th deadline for Self-Assessment and Goal Setting to be completed. This meeting may involve more than one Educator.

ii.      All other Educators in the same school may meet with the Evaluator in teams and/or individually with the specified timeframe above of each academic year to develop their Educator Plan. Educators shall not be expected to meet during the summer hiatus.

iii.      For those Educators hired after the start of the school year, the meeting with the Evaluator to review the Educator Plan must occur from the start of their assignment in that school but in any case prior to the first observation, Evaluators cannot formally observe Educators until 10 days after completion of the Self-Assessment and Goal Setting.

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

v.     Time provided above will not interfere with preparation time or Educator lunch. Evaluators will minimize interfering with teaching time for above activities.

D)     The Evaluator completes the Educator Plan by November 1st. The Educator shall sign the Educator Plan within 5 school days of its receipt and may include a written response. The Educator’s signature indicates that the Educator received the plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents. The Evaluator retains final authority over the content of the Educator’s Plan.

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

A)        In the first year of practice :

i.      The Educator shall have at least one two announced observations during each school year using the protocol described below in section 9.

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

B)         In his/her second and third years of practice or second and third years as a non-PTS Educator in the school:

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

An unannounced observation resulting in one or more standards judged to be Unsatisfactory or Needs Improvement for the first time must be followed by at least one observation of at least 30 minutes in duration within 20 school days. After a second unannounced observation resulting in one or more standards judged to be Unsatisfactory or Needs Improvement must be followed by at least one observation of at least 30 minutes in duration within 20 school days.

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

A)        The Educator whose overall rating is Proficient or Exemplary must have at least one unannounced observation during each year of the Evaluation Cycle using the protocol described below in section 9.

B)        Educators may request that the Evaluator make an announced observation to take place at a mutually agreeable time. Furthermore, upon mutual agreement this observation may serve to take the place of an observation referenced in 9A.

C)         The Educator whose overall rating is Needs Improvement must be observed according to the Directed-Growth Plan during the period of the Educator’s Plan which must include at least two unannounced observations.

D)        The Educator whose overall rating is Unsatisfactory must be observed according to the Improvement Plan which must include both unannounced and announced observation. The number and frequency of the observations shall be determined by the Evaluator, but, in no case, for improvement plans of one year shall there be fewer than one announced and four unannounced observations.

An unannounced observation resulting in one or more standards judged to be Unsatisfactory or Needs Improvement for the first time must be followed by at least one observation of at least 30 minutes in duration within 20 school days. After a second unannounced observation resulting in one or more standards judged to be Unsatisfactory or Needs Improvement must be followed by at least one observation of at least 30 minutes in duration within 20 school days.

11)      Observations

The Evaluator’s first observation of the Educator should take place by November 15th for non-PTS teachers and December 15th for teachers with PTS. Observations required by the Educator Plan should be completed by May 15th. The Evaluator may conduct additional observations after this date.

The Evaluator is not required nor expected to review all the indicators in a rubric during an observation. The Evaluator and Educator shall choose rubric indicators before the observations that are related to the Educator’s goals.

A)        Unannounced Observations

i.            Unannounced observations will be at least ten minutes long - or shorter by mutual agreement. Evaluators will exercise professional judgment in both scheduling and in framing the observations within the context of the school day and year. The context will be addressed in the post-observation meeting and evaluation.

ii.            Any observation conducted by a district team or colleagues in fulfillment of district initiative designed to enhance professional development, collegiality, and professional learning communities will not be considered evaluative or evidence.

iii.            Each Educator will receive no fewer than the minimum prescribed amount of unannounced observations throughout the course of a given Evaluation Cycle. Receiving more than the prescribed minimum amount of unannounced observations should be viewed as routine and is not indicative of performance issues unless noted in the written feedback.

iv.            The Evaluator shall signify that he/she is conducting an unannounced observation by making his/her presence and intent known visually or verbally or after the observation by mutual agreement.

v.            Within three school days of the observation, the Evaluator and Educator shall meet for a post-observation conference. This timeframe may be extended because of unavailability on the part of either the Evaluator or Educator, but the post-conference shall be rescheduled within 24 hours if possible.

(1)       The Educator will be provided with written feedback from the Evaluator within five school days of the post-observation. The written feedback shall be delivered to the Educator in person, by email, or placed in the Educator’s mailbox.

(2)       An Educator who has been observed in an unannounced observation may expect to receive a written report of said observation in accordance with paragraph v above. If no such report is provided within said timeframe, then results from that observation critical of the teacher’s performance may not be included in the Evaluator’s Summative Evaluation of the Educator’s performance.

B)        Announced Observations:

i. All non-PTS educators in their first year in the school and PTS Educators on Improvement Plans shall have at least one Announced Observation:

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

iii. Within five (5) school days of the scheduled observation upon request of either the Evaluator or Educator, both shall meet for a pre-observation conference. In lieu of a meeting, the Educator may inform the Evaluator in writing of the nature of the lesson, the student population served, and any other information that will assist the Evaluator to assess performance. Non-PTS Educators shall have a pre-observation conference.

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

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

C)        Post-Observation

i.            Within three school days of the observation, the Evaluator and Educator shall meet for a post-observation conference. This timeframe may be extended because of unavailability on the part of either the Evaluator or the Educator, but the post-observation conference shall be rescheduled within 24 hours if possible.

ii.            The Evaluator shall provide the Educator with written feedback within five schools days after the post-observation conference. For any standard where the Educator’s practice was found to be Unsatisfactory or Needs Improvement the feedback must:

a.         Describe the basis for the Evaluator’s judgment.

b.         Describe actions the Educator should take to improve his/her performance.

c.         Identify support and/or resources the Educator may use in his/her improvement.

d.         The Evaluator and Educator must sign the observation form.

e.         The Educator may attach a letter and/or evidence to the observation.

f.          The Educator’s signature does not necessarily indicate agreement with the contents.

D) Unfavorable Observations or Evaluations

In case of an unfavorable observation the Educator can request an additional observation done with the same Evaluator who made the unfavorable observation.

i.      A teacher who has been observed in an unannounced observation may expect to receive a written report of said observation in accordance with paragraph ii above. If no such report is provided within said timeframe, the results from that observation critical of the teacher’s performance may not be included in the evaluator’s summative evaluation of the teacher’s performance.

12)      Evaluation Cycle: Formative Assessment

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

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

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

D)         No less than two weeks before the due date for the Formative Assessment Report which due date shall be established by the Evaluator with written notice to the Educator, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The Educator may provide to the Evaluator additional evidence of the Educator’s performances against the four Performance Standards. The parties will look at this language when new model language comes out. During the 2012-2013 school year the evidence shall include but not be limited to any evidence relating to the SMART goals (Specific, Measurable, Attainable, Realistic, Timely) chosen by the Educator. The parties shall discuss specific evidence to be used thereafter.

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

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

G)         After 5 school days of receiving the report, the Educator may reply in writing to the Formative Assessment Report. This letter and/or evidence shall be attached to the assessment at the discretion of the Educator.

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

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

J)          If the rating in the Formative Assessment Report differs from the last Summative Rating the Educator received, the Evaluator may place the Educator on a different Educator Plan appropriate to the new rating. If the Educator is not at least Proficient, he/she may be placed on a Directed-Growth Plan for the following year.

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

A)           Educators on a two-year Self-Directed Growth Educator Plan receive a Formative Evaluation Report near the end of the first year of the two-year cycle.

B)           The Formative Evaluation Report provides written feedback and ratings to the Educator about his/her progress toward attaining the goals set forth in the Educator Plan, performance on each Performance Standard, and overall.

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

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

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

F)           The Educator may reply in writing to the Formative Evaluation Report within 5 school days after receiving the report. This letter and/or evidence can be attached to the assessment at the discretion of the Educator.

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

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

I)             If the rating in the Formative Assessment Report differs from the last Summative Rating the Educator received, the Evaluator may place the Educator on a different Educator Plan appropriate to the new rating. If the Educator is not at least Proficient, he/she may be placed on a Directed-Growth Plan for the following year.

14)      Evaluation Cycle: Summative Evaluation

A)        The Evaluation Cycle concludes with a Summative Evaluation Report. For Educators on a one or two-year Educator Plan, the Summative Report must be written and provided to the educator by May 15th.

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

C)        The professional judgment of the Evaluator shall determine the overall Summative Rating that the Educator receives.

D)        For an Educator whose overall performance rating is Exemplary or Proficient but whose impact on student learning is low, the Evaluator’s supervisor shall discuss and review the rating with the Evaluator, and the supervisor shall confirm or revise the Educator’s rating. In cases where the Superintendent serves as Evaluator, the Superintendent’s decision on the rating shall not be subject to review.

E)        The Summative Evaluation Rating must be based on evidence from multiple categories of evidence. MCAS Growth scores shall not be the sole basis for a Summative Evaluation Rating. The terms and conditions for evidence to be included will be negotiated.

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

G)        No less than four weeks before the due date for the Summative Evaluation Report which due date shall be established by the Evaluator with written notice provided to the Educator, the Educator will provide to the Evaluator evidence of: family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice, and student-learning goals. The Educator may also provide to the Evaluator additional evidence of the Educator’s performance against the four Performance Standards that the parties will discuss during the 2012-2013 school year.

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

I)          The Evaluator shall deliver a signed copy of the Summative Evaluation report to the Educator face-to-face, by email, or to the Educator’s school mailbox no later than May 15th.

J)        The Evaluator shall meet with the Educator rated Needs Improvement or Unsatisfactory to discuss the Summative Evaluation. The meeting shall occur by June 1st.

K)        The Evaluator may meet with the Educator rated Proficient or Exemplary to discuss the Summative Evaluation if either the Educator or the Evaluator requests such a meeting. The meeting shall occur by June 10th.

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

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

N)        The Educator shall have the right to respond in writing and/or with evidence within five schools days after receiving the Summative Evaluation which shall become part of the final Summative Evaluation Report.

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

P)        If after consistent feedback through observations, artifacts, and discussion, there is documented evidence that the Educator continues to be rated overall Needs Improvement, the Evaluator may place the Educator on a Directed-Growth Plan for the following year or on an Improvement Plan for a year in the unlikely event that the Educator is rated overall Unsatisfactory.

15)      Educator Plans – General

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

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

i.            At least one goal related to improvement of practice tied to one or more

Performance Standards;

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

iii.            An outline of recommended actions the Educator may take to attain the goals and benchmarks to assess progress. Actions must include specified professional development and learning activities that the Educator will participate in as a means of obtaining the goals as well as other support that may be suggested by the Evaluator or provided by the school or District. Examples may include but are not limited to coursework, self-study, action research, curriculum development, study groups with peers, and implementing new programs. The District may pay the cost if any of any course, conference, or other activity agreed upon by the parties. The District and the Educator will work together to find necessary time to follow through with recommendations.

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

16)       Educator Plans: Developing Educator Plan

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

B)        Educators with PTS who are teaching a different grade or subject may be assigned a Developing Educator Plan by the Evaluator for their first year in the new position and may be assigned a mentor. Upon being deemed Proficient or Exemplary , the Educator shall be moved to the Self-Directed Plan.

C)        The Educator shall be evaluated at least annually.

17)       Educator Plans: Self-Directed Growth Plan

A)        A Two-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of Proficient or Exemplary, and after 2013-2014 whose impact on student learning is moderate or high.* A Formative Evaluation Report is completed at the end of year 1 and a Summative Evaluation Report at the end of year 2. Goal setting shall be conducted by the Educator and approved by the Evaluator.

B)        A One-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of Proficient or Exemplary, but after 2013-2014 whose impact on student learning is low.* In this case, the Evaluator and Educator shall analyze the discrepancy between the Summative Evaluation Rating and the rating for Impact on Student Learning to determine the cause(s) of the discrepancy.

*High, moderate, and low ratings of Student Learning are to be discussed and negotiated.

18)       Educator Plans: Directed-Growth Plan

A)       A Directed-Growth Plan is for those Educators with PTS whose overall rating is Needs Improvement.

B)       The length of the plan shall be one full school year.

C)       The goals in the Plan must address areas identified as Needs Improvement as determined by the Evaluator.

D)       The Evaluator shall complete a Summative Evaluation for the Educator at the end of the period determined by the Plan but at least annually and in no case later than June 10th.

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

F)       For an Educator on a Directed-Growth Plan whose overall performance rating is not at least Proficient, the Evaluator will rate the Educator as Unsatisfactory and will place the Educator on an Improvement Plan for the next Evaluation Cycle of one school year.

G)       Identify the individuals assigned to assist the Educator which must include the Evaluator and other individuals agreed upon by the parties.

H)      The Educator will be notified that he/she has a right to have a representative of the Employee Organization/Association attend the meeting(s).

19)       Educator Plans: Improvement Plan

A)         An Improvement Plan is for those Educators with PTS whose overall rating is Unsatisfactory in the previous year’s Directed-Growth Plan.

B)         The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as overall Unsatisfactory on an Improvement Plan of no less than one year following the Summative Evaluation on a Directed-Growth Plan or for one full school year for the Educator whose practice was rated overall Unsatisfactory as the result of a Summative Evaluation while on a Self-Directed Plan.   In the case of an Educator receiving a rating of Unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins if mutually acceptable. However, this shall not be included in the lengths of time referenced above. The District may pay the cost if any of any course, conference, or other activity agreed upon by the parties.

C)        The Evaluator must complete a Summative Evaluation for the Educator at the end of the period determined by the Evaluator for the Improvement Plan.

D)        An Educator on an Improvement Plan shall be assigned an Evaluator. The Evaluator is responsible for providing the Educator with guidance and assistance in accessing the resources and professional development outlined in the Improvement Plan.

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

F)         The Improvement Plan process shall include:

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

ii.            The Educator will be notified that he/she has a right to have a representative of the Employee Organization/Association attend the meeting(s).

G)        The Improvement Plan shall:

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

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

iii.            Describe the assistance that the District will make available to the Educator;

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

v.            Detail the timeline for completion of each component of the Plan including at a minimum a mid-cycle Formative Assessment Report of the relevant Standard(s) and Indicator(s);

vi.            Identify the individuals assigned to assist the Educator which must include the Evaluator and other individuals agreed upon by the parties that shall assist in the development of the plan and assist the Educator in the process of carrying out the plan.

vii.            Include the signatures of the Educator and Evaluator.

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

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

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

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

i.            In those cases where the Educator was placed on an Improvement Plan as a result of his/her Summative Rating at the end of his/her Directed-Growth Plan; if the Evaluator determines that the Educator is making substantial progress toward Proficiency, the Evaluator shall place the Educator on a Directed-Growth Plan.

ii.            In those cases where the Educator was placed on an Improvement Plan as a result of his/her Summative Rating at the end of his/her Directed-Growth Plan; if the Evaluator determines that the Educator is not making substantial progress toward Proficiency, the Evaluator shall recommend to the Superintendent that the Educator be dismissed.

iii.            If the Evaluator determines that the Educator’s practice remains at the level of Unsatisfactory, the Evaluator shall recommend to the Superintendent that the Educator be dismissed.

20.      One year plans

Activity:

Completed By:

Superintendent, Principal or designee meets with Evaluators and Educators to   September 30th explain evaluation process and to develop SMART goals.

September 30th

Evaluator conducts an observation with first-year Educators and assist in self-assessment and goal-setting process.

October 15th

Educator submits educator plan which includes self-assessment and proposed goals.

 

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

October 30th

Evaluator reviews and signs off on Educator Plans.

November 15 th

Evaluator should complete first observation of each Educator.

December 1st

Educator submits evidence on parent outreach, professional growth, progress on goals, and other standards if desired *or four weeks before Formative Assessment Report date established by Evaluator.

January 5th *

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

February 1st

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

February 15th

Educator submits evidence on parent outreach, professional growth, progress on goals, and other standards if desired *or 4 weeks prior to Summative Evaluation Report date established by evaluator.

April 20th *

Evaluator completes Formative or Summative Evaluation Report.

May 15th

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

June 1st

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

June 10th

A)        Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes unannounced observation(s).

Any time during each of the 2-year Evaluation Cycle

Evaluator completes Formative Assessments

March 1st of Year 1

Evaluator completes Formative Evaluation Report.

June 1st of Year 1

Evaluator conducts Formative Evaluation Meeting if any.

June 1st of Year 1

Evaluator completes Summative Evaluation Report.

May 15th of Year 2

Evaluator conducts Summative Evaluation Meeting if any.

June 10th h of Year 2

Evaluator and Educator sign Summative Evaluation Report.

June 15th of Year 2

B)        Educators with PTS on Educator Plans of One Year

Activity

Completed By:

Formative Assessment Meeting

February 1st

Formative Assessment Report

February 15th

Summative Evaluation Meeting and Report

May 1st

C)        Educators on Plans of Less than One Year

The timeline for educators on Plans of less than one year will be established in the Educator Plan.   All plans under this provision will request the Summative Evaluation report no later than June 1st.

21.      Career Advancement

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

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

C)        Educators with PTS whose Summative Performance Rating is Exemplary and, after 2013-14, whose Impact on Student Learning is rated moderate or high, shall be recognized and rewarded with leadership roles, promotions, public commendation, or other acknowledgement as determined by the District through collective bargaining where applicable.

22.       Rating Impact on Student Learning Growth

ESE will provide model contract language and guidance on rating Educator Impact on Student Learning Growth based on State and District-determined Measures of student learning by July 15, 2012. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter.

23.       Using Student feedback in Educator Evaluation

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

24.       Using Staff feedback in Educator Evaluation

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

25.       Transition from Existing Evaluation System (to be decided)

26.       General Provisions

A)        The parties agree to use the model’s adapted language as written in this document for the 2012-2013 school year for the use in the Evaluation Process. These forms will be reviewed during that year’s negotiations and may be continued if the parties mutually agree. The parties agree to adopt the ESE model rubrics for the 2013-2014 school year as a pilot and will negotiate changes for the 2014 school year.

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

C)        The Superintendent shall insure that Evaluators have training in supervision and evaluation including the Regulations and Standards and Indicators of Effective Teaching Practice promulgated by ESE (35.03) and the evaluation Standards and Procedures established in this Agreement.

D)        Should there be a serious disagreement between the Educator and the Evaluator regarding an overall Summative Performance Rating of Unsatisfactory, the Educator may meet with the Evaluator’s supervisor to discuss the disagreement.

Should the Educator request such a meeting, the Evaluator’s supervisor must meet with the Educator. The Evaluator may attend any such meeting at the discretion of the Superintendent.

E)        The parties agree to establish a Joint Labor-Management Evaluation Team which shall review the evaluation processes and procedures annually through the first three years of implementation and recommend adjustments to the parties.

F)        Student input into Educator Evaluation, staff input into Administrator Evaluation, District-determined Measures, and all other terms and conditions of this Evaluation Process subject to bargaining shall be negotiated upon ESE guidance and shall be implemented by mutual agreement.

G)        Violations of this agreement are subject to the grievance and arbitration procedures.

H)        The contents of all Observations, Formative, and Summative Evaluations shall be kept within the employee personnel files. All contents of evaluations shall be kept confidential except from appropriate administrators, those with a legal right to access, and the specific employee. The employee may give permission to allow other individuals access.

Educator:__________________________School:_______________________Date:_________________

Subject:_____________________________Grade:_______________________

Observer:___________________________________

Time in_____________Time out:____________Part of Lesson/Meeting:

[…] Beginning […] Middle […]  End  […]

Observation Location:

_____________________________________________________________________________________

Observation:      […] Unannounced     […]Announced

Observation Evidence                                                                              Aligned Indicator

___________________________________________________         ____________________________

___________________________________________________         ____________________________

___________________________________________________         ____________________________

___________________________________________________         ____________________________

___________________________________________________         ____________________________

___________________________________________________         ____________________________

___________________________________________________         ____________________________

___________________________________________________         ____________________________

Feedback to Educator:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Educator:_____________________________________________________

Evidence Key:   O = Observed      N.O. = Not Observed

Standard

Indicator elements and goals that might be observed during a visit.

O

N.O.

I. Curriculum, Planning & Assessment

a.   Demonstrates Subject Matter Knowledge

__ __ __

__ __ __

 

b.   Engages Student in Learning Activities as appropriate to Age and Developmental Level

__ __ __

__ __ __

 

c.   Implements Curriculum that meets State and Local Standards

__ __ __

__ __ __

 

d.   Utilizes Informal and Formal Assessments as Appropriate to Learning Objectives

__ __ __

__ __ __

 

e.   Uses Data in Instructional Decision Making

__ __ __

__ __ __

II. Teaching All Students

a.   Communicates Clear Purpose for Lesson and Unit

__ __ __

__ __ __

 

b.   Defines Expectations for Quality of Student Work and Effort

__ __ __

__ __ __

 

c.   Differentiates Instruction to meet Students’ Needs

__ __ __

__ __ __

 

d.   Fosters a Safe and Collaborative Learning Environment for All

__ __ __

__ __ __

 

e.   Respects and Affirms Diverse Individual Needs

__ __ __

__ __ __

 

f.   Communicates and Supports High Expectations

__ __ __

__ __ __

 

g.   Builds Positive Relationships which Supports Student Success

__ __ __

__ __ __

 

h.   Reinforces Positive Behavior and Responds to Behavior that Interferes with Student Learning

__ __ __

__ __ __

Educator Plan

Professional Practice Goal: The actual goal should be written here.  .

__ ____

__ __ __

 

Student Learning Goal: The actual goal should be written here.

__ __ __

__ ____

Provide the Educator with a hard copy or electronic version of the completed form. Educator may comment below:

Educator comments (optional):

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Formative review -- Check One: […]    Formative Assessment / […]   Formative Evaluation

Educator:_________________________________Summative Evaluation Year:______________

Primary Evaluator:_______________________________

Supervising Evaluator (if one):______________________

Current Plan: […] Self-Directed (2 Yr) […] Self-Directed (1 Yr) […] Directed Growth  […]  Improvement  […]  Developing

EDUCATOR GOALS (SMART GOALS)

Professional Practice Goal

__ __ __ __ __ __

Progress toward Goal Attainment

[…] Exceeded goal

 

__ __ __ __ __ __

[…]  Met goal

 

__ __ __ __ __ __

[…]  Sufficient progress

 

__ __ __ __ __ __

[…]  Insufficient progress

 

__ __ __ __ __ __

[…]  No Progress

Student Learning Goal

__ __ __ __ __ __

Progress toward Goal Attainment

[…] Exceeded goal

 

__ __ __ __ __ __

[…]  Met goal

 

__ __ __ __ __ __

[…]  Sufficient progress

 

__ __ __ __ __ __

[…]  Insufficient progress

 

__ __ __ __ __ __

[…]  No Progress

PERFORMANCE STANDARDS

Standard 1 – Curriculum, Planning, and Assessment

Describe performance and feedback for improvement: _____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Standard 2 - Teaching All Students

Describe performance and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Standard 3 - Family and Community Engagement

Describe performance and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Standard 4 - Professional Culture

Describe performance and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Resulting Educator Plan for Educators with Professional Teacher Status

[…]   Continue Self-Directed Growth-Plan

[…]   Directed-Growth Plan

[…]    Improvement Plan

Resulting Educator Plan for Educators without Professional Teacher Status

[…]    Developing Educator Plan

[…]    Recommended for Professional Teacher Status: Must be at least Proficient on all four standards and meet the requirements of Massachusetts General Law Chapter 71, Section 41.

Signature of Evaluator__________________              Date Completed:________________________

Signature of Educator*__________________             Date Received: __________________________

* Signature of the educator indicates acknowledgement of this report; it does not necessarily denote agreement with the contents of the report. Educators have the opportunity to respond to this report in writing and may use the Educator Report Form. The Educator shall have the opportunity to respond in writing to the Summative Evaluation as per 603 CMR 35.06(6).

Summative Evaluation

Educator:_____________________   Summative Evaluation Date:__________________

Primary Evaluator:__________________________________

Supervising Evaluator (if one):_________________________

Current Plan: […]  Self-Directed (2 Yr)   […]  Self-Directed (1 Yr)   […]  Directed Growth […]  Improvement […] Developing

EDUCATOR GOALS (SMART GOALS)

Professional Practice Goal

__ __ __ __ __ __

Progress toward Goal Attainment

[…] Exceeded goal

[…]  Met goal

[…]  Sufficient progress

[…]  Insufficient progress

[…]  No Progress

Student Learning Goal

__ __ __ __ __ __

Progress toward Goal Attainment

[…] Exceeded goal

[…]  Met goal

[…]  Sufficient progress

[…]  Insufficient progress

[…]  No Progress

PERFORMANCE STANDARDS

Standard 1 – Curriculum, Planning, and Assessment

[…]    Unsatisfactory […]     Needs Improvement    […]    Proficient    […]     Exemplary

 Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

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Standard 2 - Teaching All Students

[…]     Unsatisfactory […]     Needs Improvement    […]    Proficient    […]    Exemplary

Rationale, evidence, and feedback for improvement:

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Standard 3 - Family and Community Engagement

[…]     Unsatisfactory    […]     Needs Improvement   […] Proficient    […]    Exemplary

Rationale, evidence, and feedback for improvement:

_____________________________________________________________________________________

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Standard 4 - Professional Culture

[…]     Unsatisfactory    […] Needs Improvement    […]     Proficient    […]     Exemplary

Rationale, evidence, and feedback for improvement:

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Overall Performance Rating

[…]     Unsatisfactory     […]    Needs Improvement    […]     Proficient    […]     Exemplary

Rationale, evidence, and feedback for improvement:

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Resulting Educator Plan for Educators with Professional Teacher Status

[…]    Self-Directed-Growth Plan

[…]     Directed-Growth Plan

[…]     Improvement Plan

Resulting Educator Plan for Educators without Professional Teacher Status

[…]     Developing Educator Plan

[…]    Recommended for Professional Teacher Status: Must be at least Proficient on all four standards and meet the requirements of Massachusetts General Law Chapter 71, Section 41.

Signature of Evaluator_______________________                     Date Completed:_____________________

Signature of Educator*_______________________                   Date Received: ______________________

* Signature of the educator indicates acknowledgement of this report; it does not necessarily denote agreement with the contents of the report. Educators have the opportunity to respond to this report in writing and may use the Educator Report Form. The educator shall have the opportunity to respond in writing to the Summative Evaluation as per 603 CMR 35.06(6).