Lenox

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DistrictLenox
Shared Contract District
Org Code1520000
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 Communityresort/retirement/artistic
Number of Schools2
Enrollment829
Percent Low Income Students12
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Lenox

 

 

AGREEMENT

 

between the

 

LENOX SCHOOL COMMITTEE

 

and the

 

LENOX EDUCATION ASSOCIATION

 

Dated

 

September 1, 2013 to August 31, 2016

 


 


Agreement made as of the 1st day of September 2013, by and between the School Committee for the Inhabitants of the Town of Lenox (hereinafter referred to as "Committee") and the Lenox Education Association (hereinafter referred to as "Association").

 

 

ARTICLE I

RECOGNITION

 

The Lenox School Committee, hereinafter referred to as the "Committee" recognizes the Lenox Education Association, hereinafter referred to as the "Association" for the purposes of collective bargaining as the exclusive representative of a unit consisting of all professional classroom teachers teaching three or more periods a day (i.e., half-time or more), Resource Room Teachers, Consulting Teachers, Speech Clinician, Guidance Counselors, School Adjustment Counselors, Librarians and Nurses whose position requires a certificate issued pursuant to 603 CMR 7.10(42), but excluding all other professional and non-professional employees .

 

Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as "teachers."

 

 

ARTICLE II

COMMITTEE PREROGATIVES

 

A.        The parties recognize that the Committee itself and through its Superintendent and administrators has and will continue to retain, whether exercised or not, the prerogative to direct the operation of the public schools in the Town of Lenox in all their aspects.  Such prerogative shall include but shall not be limited to: maintaining public elementary and secondary schools in the Town of Lenox; advising the Town as to the need for new school facilities; determining the care, maintenance, operation and hours of operation of buildings, lands, apparatus and other property used for school purposes; determining the number, age, and qualifications of the pupils to be admitted into each school; determining and establishing the hours and times of instruction and the length of the school day; employing, assigning and transferring teachers; suspending and dismissing teachers of the schools; designating the schools which shall be attended by the various children within the Town; making such provisions as will enable each child of school age residing within the Town to attend school for the period required by law; providing for the transportation of children; prescribing rules for the management, course of  studies, classifications of students and discipline for the public schools; selecting and approving textbooks to be used; making rules for the arrangement, use and safekeeping of the school libraries and approving the books selected therefor; preparing and submitting budgets to the Town Meeting; expending monies appropriated by the Town for the maintenance of the schools; making such transfers of funds within the appropriated  budget as it shall deem desirable.  These rights, responsibilities and prerogatives are not subject to delegation in whole or in part except that the same shall not be exercised in such a manner as to violate any of the express terms of this agreement.  No action taken by the Committee, Superintendent or administrators under such rights, responsibilities and prerogatives shall be subject to the grievance and arbitration provisions of this agreement unless the action violates one or more of the express provisions of this agreement.

 

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

 

C.         If either of the parties hereto shall during the life of the Agreement desire to make any proposal with respect to the modification or alteration of this Agreement or with respect to any matter not expressly covered by this Agreement, the said party may submit such proposal, in writing, to the other party and request a meeting.  Within ten days of the submission of such proposal, the recipient thereof shall acknowledge the receipt thereof and indicate whether or not it wishes to discuss the same. The submission of such proposal and any subsequent discussion thereof shall not be construed by either of the parties hereto as an agreement by the other that said proposal comes within the purview of this Agreement.

 

 

ARTICLE III

GRIEVANCE PROCEDURE

 

A.        A "grievance" is a dispute concerning the interpretation or application of this Agreement or any amendment or supplement thereto. A grievance shall be deemed to have been waived if it shall not have been presented or pursued within those time limits herein set forth. The time limits may be extended by written agreement of the parties. It is desirable that the parties attempt to mutually discuss and resolve issues/grievances outside of the grievance procedure.  Nothing in this article shall be construed as preventing these types of discussions and resolution of grievances outside of the procedure herein defined. However, during these discussions the timelines contained herein shall be adhered to unless mutally extended.  Subject to the provisions hereinabove set forth, the Association has the right to participate in the processing of a grievance at any level in accordance with the terms hereof and both Committee and Association agree that only those individuals directly involved in the presentation or resolution of a grievance shall be permitted to be in attendance at conferences and hearings. Grievance and arbitration proceedings shall be held in private to the extent that the law so permits.

            When necessary to investigate a grievance during the school day, one Association representative will be given release time upon request made of the Department Chair, head teacher or building Principal.  Every effort will be made to conduct such inquiries after school or on non-teaching time.  The Association agrees that this privilege shall not be abused.

 

B.         All time limits herein shall consist of consecutive calendar days exclusive of legal holidays, Saturdays and Sundays.  Grievable matters which occur after the close of the work year and before the commencement of the next work year shall be filed within 15 days of the commencement of the next work year unless the grievant or the Association had actual knowledge of those acts or omissions upon which the grievance is premised, in which event the provisions of Article III C Level One shall apply.

 

C.         Grievance Levels and Procedures:

 

            The four grievance levels are:

            (1) Principal / Director of Student Services

(2)   Superintendent

(3)   School Committee

(4)   Arbitration

 

The grievance levels are to be pursued in the following sequence and in the manner hereinafter described.

 

            Level One:

                        A teacher desiring to present a grievance must, within fifteen (15) days immediately after the day of the occurrence of those acts or omissions upon which the grievance is premised, present the grievance in writing to his/her Principal or to the  Director of Student Services, if applicable. The Principal or the Director of Student Services shall respond in writing within five (5) calendar days after the day of presentation. Failure to so respond in writing within the five (5) days shall be considered a denial of the grievance by the Principal/ Director of Student Services.  If a grievance is denied, or no response is made by the Principal or Director of Student Services within fifteen (15) days of filing, the grievant may pursue it to a second level of Administration (Superintendent); however, the appeal must be made within ten (10) days of the denial or when the response deadline is met.

 

            Level Two:

                        If the teacher wishes to further pursue the grievance, the teacher must present the grievance in writing to the Superintendent of Schools within either those five (5) calendar days following the date that the grievance was considered to have been denied because of the failure of the Principal/ Director of Student Services to respond or within those five (5) calendar days following the date that the response of the Principal/ Director of Student Services was submitted to teacher. The Superintendent shall respond to the grievance in writing within ten (10) calendar days after the presentation of the grievance.  Failure to so respond in writing within the ten (10) days shall be considered to be a denial of the grievance by the Superintendent.  If a grievance appeal is denied, or no response is made by the Superintendent within ten (10) days of the appeal filing, the grievant may pursue it to a third level of Administration (School Committee);  however, further appeal must be made within ten (10) days of the denial or when the response deadline is met.

 

            Level Three:

                        If the teacher wishes to further pursue the grievance, the teacher must present the grievance in writing to the School Committee within those ten (10) days following the date that the grievance was considered to have been denied because of the failure of the Superintendent to respond or within those ten (10)   days following the date that the response of the Superintendent was submitted to teacher.  The School Committee shall schedule the grievance hearing for their next regularly scheduled meeting unless the grievance was presented less than seven (7) days before their meeting.  In this instance the hearing will be placed on the agenda of the next following School Committee meeting.  The School Committee shall respond to the grievance in writing within ten (10) days of the presentation of the grievance at the School Committee meeting.  Failure to so respond within ten (10) days shall be considered to be a denial of the grievance.  If a grievance appeal is again denied, or no response is made by the School Committee within ten (10) days of the appeal filing, the Association may request arbitration; however, the request for arbitration must be made within fifteen (15) days of the denial or when the response deadline is met.

 

            Level Four:

                        The Association may, but need not, submit the grievance to arbitration. The submission to arbitration must be made within fifteen (15) days immediately following the date of the School Committee's response or within fifteen (15) days of the date that the grievance was considered to have been denied.  A copy of the submission to arbitration shall be promptly delivered to the Committee.

 

D.        A teacher may pursue a grievance through Level Three and have such grievance heard without intervention by the exclusive representative of the teacher organization representing said teacher, provided that the exclusive representative is afforded the opportunity to be present at all proceedings and that any adjustment made shall not be inconsistent with the terms of this Agreement.

 

E.         The following general provisions shall pertain to arbitration:

 

            1.         Within ten (10) days after written notice has been given to the Committee that a grievance is to be submitted to arbitration, in accordance with the provisions hereinabove set forth, the Association will request a list of arbitrators from the  American Arbitration Association.  The parties will be bound by the rules and procedures of the American Arbitration Association.

 

            2.         The cost of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses shall be borne equally by the Committee and the Association.

 

            3.         The arbitrator will confer with representatives of the Committee and the Association and hold hearings and will issue his/her decision as soon as possible. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on issues submitted.  The decision of the arbitrator, other than the arbitrability of the issues involved, shall be final and binding upon the parties except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this Agreement, or which recommends a right or relief for any period of time prior to the effective date of this Agreement, or which modifies or abridges the rights and prerogatives of the Committee as set forth in this Agreement or as set forth in any provisions of law or which is contrary to any pertinent provision of law.

 

            4.         The following shall be granted leave with pay to attend an arbitration hearing: (a) grievant; (b) two (2) Association representatives; (c) witnesses shall return to their duties after completion of their testimony.  Written identification of those to be granted leave shall be delivered to the Superintendent not less than seven (7)   days prior to the date of hearing.

 

F.         The Committee and the Administration will cooperate with the Association in the investigation of any grievance by making available to the Association all recorded information in the possession of the Committee which is within the public domain, to the extent so requested by the Association.

 

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

 

H.        The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said teacher or Association may have with respect to the matter submitted to said arbitration.

 

I.          No reprisals will be taken by the Committee or the School Administration against any teacher participating in the presentation of a grievance in accordance with the provisions of this Agreement.

 

J.          If a grievance affects a group or class of teachers, the Association as well as the teacher may submit such grievance at Level Two.

 

           Grievance Form Included-See Exhibit F

ARTICLE IV

TEACHING HOURS, YEAR, AND LOAD

 

A.        The School Committee or its designee shall set the starting and dismissal times for students and make such adjustments as Committee or its designee shall deem to be appropriate in light of then current conditions. Except in emergencies, the Superintendent will notify the Association prior to such an adjustment but a failure to give such prior notification shall not act to delay or prevent the adjustment.  The decision of the Committee or its designee shall be final.   The anticipated starting and dismissal times of the regular school day are as follows:

 

                                                APPROXIMATE STARTING                       APPROXIMATE DISMISSAL      

            SCHOOLS                  TIME FOR STUDENTS                    TIME FOR STUDENTS

 

            Morris  (grade K-5)                  8:40 a.m.                                                         3:10 p.m.

            PreK (half-day)                        8:15 a.m. (M, W, Th)                                       11:00 a.m.

            PreK (full-day)                        11:45 a.m. (M-F)                                             2:30 p.m.

 

            LMMHS                                   7:45 a.m.                                                         2:25 p.m.
                                                                                 (Monday only) 2:24p.m. Tuesday-Friday)

           

            Such adjustments by the Committee or its designees shall be consistent in time with the 2013-2016 school years.

 

B.         The workday of full-time teachers at Morris School will begin ten (10) minutes before the starting time for students, and teachers shall be at their workstations ten (10) minutes before the starting time for students.  The workday for full-time teachers at Lenox Memorial Middle and High School shall begin ten (10) minutes before starting time for students, at which time the teachers are to be at their workstations for non-instructional duties.  The workday of each teacher shall continue until all of his or her responsibilities are completed.    These responsibilities include being reasonably available outside the normal instructional times to members of the school community (i.e., students, parents, colleagues) for parent and/or student consultation.  Additionally each teacher is expected to communicate to the school community his or her plan for availability.  The Superintendent and Principal shall communicate with a teacher any concerns the Superintendent or Principal may have pertaining to such teacher’s workday.

 

            The work day for a part-time teacher within the unit assigned to the Morris School shall begin ten (10) minutes before the teacher is to be at his/her work station for instructional duties and for a part-time teacher within the unit assigned to Lenox Memorial Middle and High School shall begin ten (10) minutes before his/her first duty assignment.  The workday of each part-time teacher shall continue until all of his/her responsibilities for the day are completed. These responsibilities include being reasonably available to members of the school community (i.e., students, parents, colleagues) for parent and/or student consultation.  Additionally, each part-time teacher is expected to communicate to the school community his/her plan for availability. The Superintendent and Principal shall communicate with a teacher any concerns the Superintendent or Principal may have pertaining to such teacher's workday.

 

            For part-time teachers within the unit who do not have teaching responsibilities, the workday shall be as established by the Superintendent.

 

C.         Full-time teachers and part-time teachers within the unit working a full workday will have a duty-free lunch period as follows:

 

            1.         Morris School: five (5) consecutive school days (30 minutes in length).

 

            2.         Lenox Memorial Middle and High School:  five (5) consecutive days (30 minutes in length).

 

D.        Part-time teachers within the unit working less than a full workday will have a duty-free lunch period if appropriate.

 

E.         Teachers may be required to remain after the end of the regular workday, without additional compensation, as follows:

 

            1.         One (1) day each month (1-1/2 hours in length): faculty meetings called by the school Principal.

 

            2.         One (1) hour per week:  professional development, curriculum, department or other meetings authorized by the Superintendent of Schools or the Principal.

 

            3.         Schedule and participate in individual conferences with parents of pupils.

 

F.         A part-time teacher may be excused by the Superintendent or the Superintendent’s designee from a particular meeting on terms acceptable to the part-time teacher and the Superintendent or his/her designee.

 

G.        Part-time teachers shall attend parent conference days and released time days. A part‑time teacher shall be paid on a pro-rated salary basis for the time required to be in attendance on such days in excess of such part-time teacher's regular workday.

 

H.        All teachers may be required to attend, without additional compensation, three (3) evening meetings each year.  Attendance at all other evening meetings will be at the option of the individual teacher.

I.          The school calendar shall be established by the Committee.  The "work year" for the teacher (other than new personnel who may be required to attend additional orientation sessions) will begin no earlier than the last Tuesday in August and terminate no later than June 30. The work year shall include days when pupils are in attendance, orientation days at the beginning of the school year, conference days, and any other days on which teacher attendance in the opinion of the Superintendent is desirable, provided, however, that the work year shall not exceed 184 days (one (1) of which will be for professional development which will be scheduled in the first semester of each school year) and provided further that said work year shall not include Saturday and Sunday.

 

J.          Full-time classroom teachers will, in addition to their duty-free lunch period, have preparation periods during which they will not be assigned any other duties, as follows:

 

            1.         Grades K-5:  normally five (5) periods a week for a total of 3.75 hours per week.


(This section below shall be re-defined by the Stipend Subcommittee)

 

            2.         Academic subject area grades 6-12 teachers will not be assigned more than seven (7) periods a day, consisting of an average of one (1) preparation per day and an average of not more than six (6) student supervision periods per day per six (6) day cycle.

 

K.     Exceptions to the provisions of paragraph A of this article may be made if the Superintendent of Schools (or the designee) determines that it is necessary to do so in the best interests of the educational process and the Association will be notified of each instance.

 

L.      Flexible Hours Work Schedule:  It is recognized by the parties that it may be advantageous both to individual teachers and to the educational program of the Lenox Public Schools to allow for flexible work scheduling.  In consideration thereof, the Association and the Committee agree as follows:

 

1.    No members of the bargaining unit will lose a job or be reduced in time as a result of this flextime provision during the implementation or continuation of this provision.

 

2.    An Advisory Flextime Program Oversight Committee ("Oversight Committee") shall be created.  The Oversight Committee shall consist of two (2) representatives of the Association and two (2) representatives of the Committee.  The Superintendent and the LEA President will jointly agree on the composition of the Committee.  The Oversight Committee shall act in an advisory capacity to the Superintendent.

3.    A flexible work hours schedule proposal may be submitted to the Superintendent by teachers and/or school or program administrators.  Individual teachers and/or administrators shall be required to demonstrate the educational benefit to students.

 

4.    Proposals shall be submitted no later than April 1 of each year, and approved no later than May 15.  Once approved, a flexible work schedule shall not be modified prior to the expiration of the approved proposal.  Flexible work schedules shall be reviewed yearly by the Oversight Committee.

 

5.    A flexible hours schedule shall be the equivalent of the total work time requirement which the individual teacher is required to work under the collective bargaining Agreement.  No teacher shall be required to work non-contiguous hours, nor shall a teacher be required to work in excess of the total hours set forth in this contract.

 

6.    Individual teachers who elect to participate in a flextime opportunity shall do so on a strictly voluntary basis.  Flextime opportunities shall be made available to teachers on a voluntary basis through an in-house posting.  In filling flextime postings, consideration shall be given to a teacher’s certification, area of competence, major and/or minor field of study, quality of teaching performance, attendance record and length of service in the Lenox School System. 

 

7.    Non-professional status teachers shall be eligible to participate in the Flextime Program, if they receive prior approval of the Superintendent and the President of the LEA.

 

8.    It is understood that a flexible hours work schedule is an arrangement between the individual teacher and the Superintendent.  As such, in the event said teacher severs his/her employment during the period of the flex schedule, no member of the bargaining unit shall be assigned to said flex schedule involuntarily.

 

9.    The Oversight Committee shall report on the Flextime Program to the joint bargaining teams of the parties during the term of the contract.

 

10.  The fact of an individual's participation or non-participation in the Flextime Program shall not adversely affect his/her evaluation or result in discipline, reassignment or transfer.

 

M.        Extended contract provision :  This Agreement permits recognition of extra instructional responsibilities assigned to a teacher that exceed the duties expected of a teacher as described in Articles IV section J. In such cases, the Superintendent may approve a temporary increase in salary based upon the factors described in item 5 specified below. Extended contract recognition is only for the period during which these extra responsibilities are assigned.

1.                  The Administration may request that a teacher perform instructional duties during time periods in which instruction is not normally performed. These time periods include before/after school, during a teacher’s prep period or during a period where a teacher would normally be assigned a duty function (e.g. study hall, playground monitoring, monitor etc.)

2.                  The teacher has the right to decline such requests.

3.                  The Association will be notified of all extended contracts, and whenever possible, notification will be prior to the issuance of such contracts. Such contracts will terminate at the end of the school year.

4.                  Contracts may be terminated by the Administration or the teacher during the school year provided sixty (60) calendar days of advance notice is given

5.                  The salary increase for an extended contract shall be determined by the following factors:

a.       The extended responsibility is either a course (in the middle and high school) or a subject (in the elementary school) in addition to the regularly assigned course or subject, or is an additional section of a regularly assigned course;

b.      The temporary increase in salary is computed with the following percentages of the teacher’s current salary according to the time the additional responsibility is offered: (i.) in place of a study or duty, (ii.) before or after the school day, or (iii.) in place of a preparation period.

(This section below shall be re-defined by the Stipend Subcommittee)

Additional course (per cycle) or subject:      

                                                        Prep              Before/After    Study/Duty

6 periods       7.00%           6.50%              6.00%

3 periods       3.50%           3.25%              3.00%

1 period        2.00%           2.00%              1.00%

Additional section of a regularly assigned course (per cycle):

                                                        Prep              Before/After    Study/Duty

6 periods       6.00%           5.00%              4.00%

3 periods       3.00%           2.50%              2.00%

1 period        1.00%           1.00%              0.50%

c.       The temporary increase in salary for such additional responsibilities offered for periods per cycle other than 6, 3, or 1 will be computed as a fraction of the stipend for a 6 period offering.

 

 

ARTICLE V

CLASS SIZE

 

A.        In the event that the number of pupils per class shall exceed those "bench marks" set forth below, the Association may, within twenty (20) calendar days of the occurrence thereof, request of the Superintendent that the matter be referred to the "Class-Size Committee" (such committee shall consist of the Principal of the school involved, the Superintendent and two (2) teachers designated by the President and the Association).  This committee will conduct such investigation as it shall deem appropriate and shall, within thirty (30) days of referral of the matter to it, submit to the School Committee the recommendations of the majority of the Class Size Committee and the recommendations of the minority, if such there be.  The School Committee shall thereupon review such recommendations and shall, within thirty (30) days of the receipt thereof, take such action as it shall deem to be appropriate.  The action of the School Committee or the failure of the School Committee to act within the aforesaid thirty (30) days shall be subject to the grievance procedure through Level Three and the decision of the School Committee shall be final and binding and shall not be subject to arbitration.

 

B.         A teacher(s) may request that his/her Principal review a class size issue for adjustment, regardless of the number of students in the classroom.  The Principal shall, within ten (10) days, make a recommendation for adjustment to the teacher(s).  If said recommendation does not resolve the issue, the teacher(s) may notify the Association and the protocols set forth in Section A shall commence.

 

C.         The parties agree that the following class sizes will be referred to as bench marks, which, when unreasonably exceeded, would constitute cause to invoke the solution procedure set forth above.

 

            1.         Elementary Schools:

                        a.         Pre K/Kindergarten ....................................................................25 pupils

                        b.         First Grade through Fifth Grade ................................................25 pupils

 

            2.         Grades 6-12:

                        a.         Academic Subjects......................................................................25 pupils

                        b.         Computer Labs ................…………….…..…Number of available stations

                        c.         Science Labs ................................................Number of available stations

                        d.         Shop Labs.....................................................Number of available stations

                        e.         Art Lab...........................................................Number of available stations

                        f.          Drafting Labs.................................................Number of available stations

                        g.         Physical Education........................................................................30 pupils

                        h.         Band/Choral Instruction.....................................Unlimited number of pupils

                        i.          Study Hall..............................................................Guided Study: 30 pupils

                        j.          Writing Labs...................................................Number of available stations                                                                                                                                     

D.        The goal for Physical Education classes held in the LMMHS gym is to not exceed fifty (50) pupils in each period where two teachers have been assigned, provided always that such Physical Education classes may, in the Principal’s sole discretion, have up to sixty (60) pupils.

 

E.         Every reasonable effort will be made to apportion students equitably among the teachers.  The grievance procedure may be invoked on questions arising under this paragraph through Level Three and the decision of the School Committee shall be final and binding and shall not be subject to arbitration.

 

 

 

ARTICLE VI

NON-TEACHING DUTIES

 

A.  Teachers at the elementary school shall be relieved of supervision of playgrounds, cafeterias and buses, provided, however, that if the Administration deems such supervision to be essential, teachers will perform such supervision.  Such supervision shall be equitably distributed among those teachers whose assignments permit.  Teachers may discuss questions of such equitable distribution with the applicable building Principal.

 

B.   The Committee will, to the extent practicable, relieve teachers of non-teaching administrative and clerical tasks such as collecting money from students for non‑educational purposes, duplicating instructional and other materials, and other similar clerical functions.

 

C.     Teachers at Lenox Memorial Middle and High School shall be relieved of after-school bus supervision duty.

 

 

ARTICLE VII

ASSIGNMENTS, TRANSFERS, PROMOTIONS

 

A.        Definitions

 

            1.         "Teacher Assignment" - That written notification of Superintendent or his/her designee issued prior to or at the beginning of a school year which indicates (a) the school house or school houses at which a teacher is to perform his or her professional duties, and (b) the grades and subjects to be taught by the teacher, or, if the teacher is other than a classroom teacher, the nature of the professional duties to be performed ("teacher assignment" does not include appointments to those positions referred to in Exhibit C and D).

 

            2.         "Teacher Transfer" - That written notification issued during a school year which changes a "teacher assignment" during that school year.

 

            3.         "Administrative Positions" - The positions of Superintendent of Schools, Principal, Assistant Principal, Dean of Students, and Director of Student Services.

 

            4.         "Distributed Leadership Positions" - Department Chairs, Head Teachers and similar positions. (See Exhibit C.)

 

            5.         "Teaching Positions" - All professional positions within the school system which are not hereinabove defined as "administrative positions" or "distributed leadership positions ", as listed in Exhibit C.

 

B.         Teacher Assignment

 

            On or before June 1, the Administration shall notify each teacher of his/her "teacher assignment" for the next school year.  The Superintendent or the Superintendent’s designee retains the right to change a "teacher assignment" any time between June 1 and the commencement of the school year to which it pertains, provided, however, that a change in "teacher assignment" shall be made between June 1 and the commencement of the school year only if the Superintendent or the Superintendent’s designee shall have informed the teacher involved of the reason or reasons for such change.  The teacher may request to meet with the Superintendent to discuss the change in "teacher assignment".  The teacher's request to meet with the Superintendent must be made within five (5) days of the delivery to teacher of the change in "teacher assignment".  The Superintendent upon receipt of the teacher's request shall promptly meet with the teacher and shall discuss with the teacher the reasons for the change.  The teacher may have a representative of the Association present at such meeting.

 

C.         Teacher Transfer

 

            The Superintendent or the Superintendent’s designee reserves the right to direct a "teacher transfer," but whenever the Superintendent or Superintendent’s designee contemplates such transfer, he/she shall, at least ten (10) calendar days prior to the effective date of such transfer, give to the teacher written notice of the contemplated transfer.  The teacher may, within five (5) days of receipt of the notice, request in writing to meet with the Superintendent to discuss such transfer.  The Superintendent shall grant the teacher the opportunity to so meet before the "teacher transfer" is effectuated.  Teacher may have a representative of the Association present at such meeting.  Compliance with the procedural provisions of this paragraph (but not the substantive decisions hereunder made) shall be subject to the provisions of Article III.

 

D.        Teacher Initiated Change in "Teacher Assignment" or "Teacher Transfer"

 

            Whenever a teacher wishes a change in assignment or a transfer from one "teaching position" to another "teaching position", he/she shall make application thereof.  Said application shall be in writing, addressed and delivered to the Principal if the change of assignment or transfer is within the Principal's building, otherwise to the Superintendent and shall set forth the change sought and the reasons therefor.  If the grant of the requested change shall not, either directly or indirectly, cause the transfer of a teacher other than applicant, the Principal or Superintendent as the case may be shall, within ten (10) calendar days immediately ensuing the date of the receipt of said application, advise the teacher of his/her decision.  If the grant of the change shall, either directly or indirectly, cause the transfer of a teacher other than the applicant, the Principal or Superintendent as the case may be shall advise the applicant teacher of his/her decision within ten (10) days after having complied with the provisions of paragraph C of this article.  The decision of the Principal or Superintendent as the case may be to grant or deny an application for transfer or change in assignment made under this paragraph shall not be subject to grievance or arbitration.  If the change sought by teacher comes within the purview of paragraph F of this article, this paragraph D shall not apply.

 

E.         Vacancy in Administrative Position

 

            Whenever a vacancy in an administrative position occurs, the Superintendent shall, as soon as practicable, cause a notice of such vacancy to be mailed or otherwise delivered to the President of the Association. The Superintendent shall post a notice of the vacancy upon one or more of those bulletin boards referred to in Article XII.  Such notice shall set forth the minimum qualifications for the position, its duties, anticipated range of compensation to be paid and the date the vacancy is expected to be filled.  Applications for such positions shall be accepted from the professional personnel within and without the school system.  The Superintendent agrees that he/she shall, in selecting an applicant, consider the professional background, attainments and experience of each applicant, together with such other factors it shall deem to be relevant. If, in the judgment of the Superintendent, the professional background, attainments, and experience of the applicants deemed by him/her to be most qualified are substantially equal, he/she will give preference to an applicant then currently employed by the Committee unless, in the opinion of the Superintendent, the grant of such preference shall not be in the best interest of the school system.  Compliance with the procedural provisions of this paragraph shall be subject to grievance and arbitration but the substantive decision of the Superintendent regarding the appointment shall not be subject to grievance or arbitration.

 

F.         Vacancy in a Teaching Position

 

            Whenever the termination of a teacher's employment or the creation of a new position results in a vacancy in a teaching position after all "teacher assignments" and "teacher transfers" have been completed, the Superintendent shall, as soon as practicable, cause a notice of such vacancy to be mailed or otherwise delivered to the President of the Association.  The Superintendent shall post a notice of the vacancy for ten (10) calendar days upon one or more of those bulletin boards referred to in Article XII except that only five (5) days shall be required if in the judgment of the Superintendent circumstances warrant a shorter notice.  If such vacancy occurs after the close of the work year and before the beginning of the next work year, notice will be sent to the President of the Association and to each teacher who has given the Superintendent a self-addressed stamped envelope with a request that such teacher be notified of a vacant position which such teacher is certified to fill.  Teachers wishing a different teacher assignment are to notify the appointing administrator by February 1st of each work year.  All requests for a different teacher assignment shall remain in force for the ensuing work year. 

 

            Such notice shall (a) describe the position, (b) indicate the last date that it is expected the vacancy will be filled, and (c) indicate the last date that applications for appointment from teachers within the system will be accepted.  Applications for appointment to the position shall be accepted from professional personnel within and without the system.  If the appointing administrator expects the appointment of an applicant from without the system, he/she shall at least five (5) calendar days prior to the date that he/she makes such appointment, so advise the teacher of the date the appointment is intended to be made.  Upon request of an applicant from within the system, the appointing administrator shall meet and confer with such applicant.  Such meeting and conference shall take place before the appointing administrator makes the appointment. 

 

            The appointing administrator shall in filling the vacancy consider the professional background, attainments and experience of the applicants from within the system together with such other factors as he/she shall consider to be relevant and he/she further agrees that he/she shall give preference to applicants from within the system unless, in his/her opinion, the grant of such preference shall not be in the best interest of the school system.  The decision of the appointing administrator with respect to the appointment shall be final and binding and shall not be subject to grievance or arbitration.  However, compliance with the procedural provisions of this paragraph shall be subject to grievance and arbitration.

 

G.        Distributed Leadership Positions

 

            1.         The Committee reserves the right to define the duties and responsibilities of each such position, provided, however, that such duties and responsibilities shall not be changed during the term of an incumbent.

 

            2.         An appointment to a distributed leadership position is for a period of one year unless the appointment shall otherwise specify and no appointee is entitled to automatic reappointment. No appointee shall be removed from his/her teaching position as a result of appointment to or termination from the distributed leadership position without just cause.

.

            3.         Department Chairs shall be granted adequate time to perform their supervisory duties within the regular workday, but Department Chairs and Head Teachers agree that the satisfactory performance of their duties may entail work beyond the regular workday.

 

            4.         Department members (teachers in the elementary building in the case of Head Teachers) will be consulted prior to all appointments other than reappointments of incumbents.  However, the occurrence of such consultation and the adequacy thereof shall not be subject to grievance or arbitration.

 

            5.         If the Administration contemplates appointing to a distributed leadership position an individual who was not in the employ of the school system for a period of at least ninety (90) days prior to the effective date of the appointment, the Superintendent shall so advise the Association by causing a notice to be placed upon one or more of the bulletin boards referred to in Article XII. Such notice shall set forth the position involved, the effective date of the appointment and the fact that the Administration contemplates appointing an "outside applicant".  Such notice shall be delivered and posted at least ten (10) days prior to the effective date of the appointment.  Any teacher who has been in the employ of the school system for at least ninety (90) days prior to the effective date of the appointment and wishes to be appointed to the position may request an opportunity to meet with the Superintendent or Principal involved to discuss the appointment.  Such request shall be made within three (3) days of the posting of the aforesaid notice. The appointing person will meet with each teacher who requests a meeting before the appointment is made.  The teacher may have a representative of the Association present at such meeting.  The selection of the appointee shall not be subject to grievance or arbitration.

 

            6.         Teachers appointed to distributed leadership positions shall be paid, in addition to the salary he/she would be otherwise entitled to as a teacher, a stipend in accordance with Exhibit C.

 

            7.         In situations where one Department Chair is supervising two separate departments, when said position becomes vacant, parties will meet and discuss whether such practice should continue with the final decision to be made by the School Committee any time after the parties’ second meeting.

 

 

ARTICLE VIII

TEACHER EVALUATION

A.        Purpose:  The purpose of "Teacher Evaluation" is:

 

            1.         To provide information for the continuous improvement of the teacher's performance through self-reflection and an exchange of information between the person being evaluated and the evaluator.

 

            2.         To provide for the improvement of the quality of the professional services rendered by the individual teacher to the school system, and

 

            3.         To provide a record of facts and assessment for personnel decisions.

 

B.         The process of evaluation and supervision and the product thereof are not to be construed as conclusive measurements of the relative competency of teacher for purposes of assignment or promotions.

 

C.         Evaluation shall be conducted in accordance with the procedures found in Exhibit E.

 

 

 

 

 

ARTICLE IX

PERSONNEL FILES

 

A.        Teachers will have the right, upon request, to review the contents of their personnel file, by appointment, excluding personal or confidential recommendations for which the teacher has agreed to waive his/her right to review.  A teacher will be entitled to have a representative of the Association accompany him/her during such a review and the Superintendent may be present if he/she so desires.

 

B.         No material derogatory to a teacher's conduct, service, character or personality will be placed in his/her personnel file unless the teacher has had an opportunity to review the material.  The teacher will acknowledge that he/she has had an opportunity to review such material by affixing his/her signature to the copy to be filed with express understanding that such signature in no way indicates agreement with the contents thereof.  The teacher will also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent and attached to the copy.

 

C.         Any complaint regarding a teacher made to any member of the Administration by any parent, student, or other person will be promptly called to the attention of the teacher and investigated by the Administration if the complaint is to become a part of the teacher's personnel file.  Prior to the placement of said complaint in the teacher's file, the source of such complaint will be revealed to the teacher.  A teacher will be given the opportunity to respond to and rebut such complaint.

 

 

ARTICLE X

SICK LEAVE

 

A.        A teacher shall be credited with twelve (12) days of paid sick leave during each work year of employment.  Sick leave shall be accumulated without limit from year to year.

 

            Part-time teachers shall be eligible for sick leave on a prorated basis.

 

B.         Accumulated sick leave may be used for the purposes of illness only and in the event of the absence of a teacher because of illness for more than five (5) consecutive days or the development of a pattern of absences in any work year, or in accordance with the Family Medical Leave Act of 1993, the teacher shall, upon request of the Superintendent or his/her designee, submit to the Superintendent a certificate of a duly practicing physician substantiating such illness.

 

C.         If a quarantine is established by the local Department of Public Health because of exposure to a contagious disease during performance of professional responsibilities, then any absence due to quarantine periods shall be paid for in full and shall not apply against the credit of sick leave. In all such cases the Department of Public Health or its designated agent, such as the school nurse, must submit the notice of quarantine to the Superintendent to include the beginning and closing of the quarantine period.

 

 

ARTICLE XI

TEACHER FACILITIES

 

Each school will have the following facilities:

 

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

 

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

 

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

 

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

 

E.                  A well-lighted and clean male teacher rest room and a well-lighted and clean female teacher rest room.

 

F.                  Whenever possible, a separate private dining area for the exclusive use of the teachers.

 

ARTICLE XII

USE OF SCHOOL FACILITIES

 

A.        Subject to the consent of the building Administration, the Association will have the approval to use school buildings without cost at reasonable times for meetings for its members. Sufficient notice in advance of the time and place of such meetings shall be given in writing to the Principal of the building in question.

 

B.         The Superintendent may, but need not, grant teachers the right to use facilities and equipment and shall specify the terms and conditions of such use.

 

C.         One bulletin board in each school building shall be provided for the purpose of displaying Association notices, circulars, and other materials.

 

 

 

 

 

 

ARTICLE XIII

TEMPORARY LEAVES OF ABSENCE

 

A.        The Superintendent may, but need not, grant temporary leaves of absence without loss of pay for the following reasons and upon the following terms and conditions (the grant or denial of leave by the Superintendent shall be conclusive and his/her decision shall not be subject to grievance or arbitration).

 

            1.         For the purposes of visiting other schools or attending meetings or conferences of an educational nature, provided request is made to the Superintendent.

 

            2.         For the purposes of attending conventions, seminars and conferences, provided request is made to the Superintendent in writing at least ten (10) days before the commencement of the time of the requested absence.

 

            3.         For reasons approved by the Administration, provided such leave shall not exceed three (3) hours in a given day.

 

B.         Teachers shall be granted temporary leaves of absence without loss of pay for the following reasons and upon the following terms and conditions:

 

            1.         For bereavement purposes in the event of a death in the immediate family of the teacher, or a person living within the teacher’s household, a period not in excess of five (5) school days.  In the event of a death outside the immediate family, leave may, but need not be granted, at the discretion of the Superintendent. The aforementioned leave need not be taken consecutively but is to be used within thirty (30) days immediately following the date of death except where internment is delayed, any one or more said days may be used to attend the internment and related services.  Under unique circumstances, the Superintendent may but need not approve the extension of the taking of bereavement days beyond the thirty (30) day period. 

 

            2.         For reasons personal to the teacher which cannot be performed outside of the "work day." Said leave shall not cumulatively exceed three (3) days in any one work year and shall not be used as additional vacation, extension of holidays, or as time off for the convenience of a teacher when other arrangements may be made.  Normally, a temporary leave request for absence for personal reasons must be submitted to the Principal at least 24-hours in advance.  If advance notice is impossible to give, the teacher shall submit a temporary leave request upon return. Teachers may but need not provide reasons for leave taken under this Section 2 but shall abide by the standard outlined.  Unused personal days at the end of each fiscal year shall be added to accumulated sick leave under Article X hereof to be used for the purposes of illness only as provided in Article X, paragraph B, and may not be used for personal or other non-illness leave.  The Association and Committee shall work cooperatively to achieve a better understanding by teachers of what is and is not permitted under this Section.  The Committee or designee gives up its right to challenge an individual teacher's use of leave under this Section unless the day(s) requested precedes or follows a vacation or occur at the beginning or end of the school year. Patterns of absences may be brought to either party's attention at any time.

 

3.        For rendering necessary care or comfort to an ill member of the teacher’s immediate family or a person living within the teacher’s household. Leave may also be granted at the discretion of the Superintendent for fulfilling other familial obligations which require activity which cannot be performed outside the work day. Said leave shall not cumulatively exceed five (5) days in any one (1) work year. Said leave for fulfilling other familial obligations will terminate on the last day of each contract year.

 

            4.         For attendance at the MTA Annual Meeting, provided they are designated by the President of the Association to be delegates.  The total leave taken by all delegates shall not cumulatively exceed three (3) school days in any one work year.

 

            5.         For the Association President or his/her designee to attend conferences of MTA/NEA provided the President makes a timely request to the Superintendent.  Said leave shall not cumulatively exceed two (2) days in any one year.

 

6.                  Part-time teachers shall be eligible for temporary leaves of absence on a prorated basis.

 

7.                  A teacher who has been subpoenaed to appear in court on a day he/she otherwise would have worked will be granted compensation by the Committee in an amount which, when added to the compensation received for such court appearance will equal his/her regular prorated salary.

 

C.         The Committee may but need not grant unpaid temporary leaves of absence to teachers for the following reasons upon the terms and conditions set forth below and upon such further terms and conditions as Committee may determine, and the grant, denial and imposition of terms and conditions by Committee with respect to such leave shall be conclusive and shall not be subject to grievance or arbitration.

 

            1.         For the purpose of extended academic pursuit.

 

            2.         For the purpose of engaging in an elected position in a professional association such as the Massachusetts Teachers Association or the National Education Association.

 

            3.         To serve in the Peace Corps.

 

            4.         To serve as an exchange teacher.

 

            5.         To serve in public office.

 

            6.         For such other purpose as Committee shall deem to be appropriate in any given instance.

 

D.        The Superintendent may but need not grant temporary leaves of absence to teachers for the following reasons upon the terms and conditions set forth below and upon such further terms and conditions as the Superintendent may determine, and the grant, denial and imposition of terms and conditions by the Superintendent with respect to such leave shall be conclusive and shall not be subject to grievance or arbitration.

 

            1.         Because of illness or injury which does not come within the purview of Article X or which extends beyond the period provided for in said Article.

 

            2.         To serve on jury duty.  Teachers who are required to perform jury duty shall be granted upon prior written notification from the teacher a short-term leave of absence by the Superintendent of Schools from the school system without loss of pay or related benefits.  Such teachers will receive that portion of their regular salary which, together with compensation for jury duty, equals the teacher's normal salary for that period of time.  All other benefits shall continue to accrue.  Teachers agree to request the court that jury service be performed at a time when school is not in session.  If a teacher serving on jury duty is excused for or during a specific day before the end of the teacher's workday, the teacher is to report to work.

 

            3.         For such purpose as the Superintendent shall deem to be appropriate in any given instance, provided such leave does not exceed five (5) days.

 

E.         The Superintendent may, but need not, grant leaves of absence to teacher for "sabbatical" purposes. The grant, denial and the imposition of terms and conditions by the Superintendent shall be conclusive and shall not be subject to grievance or arbitration, provided, however, that if such leave is granted, teacher shall, during sabbatical, be paid by Committee an amount not less than 50% of the salary the teacher would have been paid if he/she had remained in the employ of Committee during the sabbatical period.  The teacher will agree that in addition to any other terms established by the superintendent, he/she shall enter into a written agreement with the superintendent that upon termination of such leave, will return to service in the Lenox Public Schools for a period equal to twice the length of such leave and that, in default of completing such service, will refund the town an amount equal to such proportion of salary received while on leave.

 

F.         Teachers shall be granted temporary leaves of absence without pay for attendance at legal proceedings, and administrative hearings, including the Division of Labor Relations, provided said proceedings or hearings pertain to collective bargaining or contract administration relating to the unit herein recognized and provided the total leave taken by all the teachers cumulatively shall not exceed thirty (30) school days in any one work year.

 

G.                 The parties agree to abide by the FMLA, MMLA, and SNLA which are referenced  in Exhibits G, H & I.

 

 

ARTICLE XIV

SUBSTITUTE TEACHERS

 

A.        It is agreed that substitute teachers are not members of the bargaining unit and are not entitled to the benefits of this contract.

 

B.         If it is contemplated that a substitute teacher will be used for ninety (90) or more consecutive school days, Committee will endeavor to employ a substitute who has met the state certification requirements.  Compensation will be in accordance with the salary schedule.  If a certified substitute teacher is not available, such vacancies will be filled by qualified non-certified personnel.

 

C.         If a teacher is ill or otherwise unavailable, every reasonable effort will be made to secure a substitute teacher before a regular teacher is asked to substitute.

 

D.        If a Principal assigns a classroom teacher to act as a substitute for a scheduled class during the teacher's preparation period, the classroom teacher will be paid $15.00 per period or portion thereof. Class coverage arranged between teachers on a voluntary basis will not be compensated.

 

 

ARTICLE XV

PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

 

Certification:  The District and the Superintendent shall endeavor to assign employees within their areas of certification and competence. It is the responsibility of every educator to be fully licensed or have license pending at all times and to meet all licensure requirements as required by Massachusetts General Laws and the Massachusetts Department of Education. The district will endeavor to employ only fully licensed teachers, or those whose license is pending, or those on approved Massachusetts Department of Education waivers. The district will strive to hire only the most highly qualified and motivated teachers. It will be the responsibility of all teachers to provide their Principal and the Superintendent’s office with a copy of their most current licensure.

 

A.        The Committee agrees that in a fiscal year it will reimburse a teacher in an amount not to exceed $500 for tuition and in an amount not to exceed $20 per credit for fees in attending a course at an accredited college which (a) have been completed in said fiscal year, (b) attendance has been with prior written approval of the Superintendent, (c) the teacher shall have, in the opinion of the Superintendent, satisfactorily completed such course and shall have attained a grade not lower than “B” or its equivalent or receives a “pass” for a course which is only graded pass/fail (i.e., no teacher may opt to select pass/fail), (d) the teacher has submitted evidence of payment.

 

B.         The Committee agrees to provide additional reimbursement to a teacher for tuition in attending a course of particular significance to the Lenox Public School’s education program provided (a) that the aggregate amount of additional reimbursement dispersed to all teachers in a given fiscal year does not exceed $2,000 or such greater amount as specifically designated in the budget, (b) that the conditions for the $500 reimbursement outlined above are met, (c) that prior written approval is obtained from the Superintendent specifically for the additional reimbursement amount.  A teacher may appeal a denial by the Superintendent to a Tuition Committee consisting of one (1) School Committee member, one (1) administrator appointed by the Superintendent, and two (2) teachers appointed by the Association unless the denial was based on insufficient funds under this subparagraph.

 

C.         When a teacher visits other schools, attends meetings, conventions, seminars or conferences pursuant to leave granted under paragraph A1 and A2 of Article XIII, the Committee shall reimburse the teacher for all reasonable expenses actually incurred such as meals, lodging, registration fees and travel expenses when approved in advance by the Superintendent or his/her designee.  Mileage reimbursements shall be in accordance with IRS guidelines for the per mile rate in effect as of September 1 of each year.

 

            Exceptions to the above may be made by the Superintendent or his/her designee and the teacher prior to attendance at such activities.

 

D.        Professional Development Points
 

1.      Beginning on September 1, 2003, the following teachers will be eligible to utilize Professional Development Points to be applied towards advancement on the salary schedule:  (a) teachers hired before September 1, 2003 who hold a Master’s degree or are currently in any MA column, and (b) those teachers who began work after September 1, 2003 who have earned a Master’s degree.

 

2.      Professional development programs to be submitted by a teacher must meet the criteria of being intellectually challenging, add to the teacher’s repertoire of skills and content knowledge, enhance their contribution to the learning of students and lead to the improvement of teacher skills.  Teachers must meet the goals and objectives of the school system and the teacher’s individual professional development plan.

 

3.      Requests will be submitted to the Superintendent for review and approval.  A standard pre-approved form for this purpose shall be available in the Principal’s office.  Completed forms are to be submitted to the superintendent for approval prior to participating in the professional development experience.

 

4.      Credit will be awarded on the basis of one (1) credit for each 15 hours of course work or training.  For example, 15 hours = 1 credit, 30 hours = 2 credits, etc. to a maximum of three (3) credits for 45 hours per contract year.  The content of the professional development experience should be equivalent in academic rigor to a graduate level course.

 

5.      In order to earn credit, participants must provide (a) evidence of attendance for the hours requested, and (b) an observable demonstration of learning which could include a written product, report, or other forms of documentation required by the Superintendent.

 

6.      There must be evidence that there are blocks of at least fifteen (15) professional development hours which are ongoing and provide information and/or training in the same subject or topic area.

7.      Professional development points for the purpose of movement on the salary schedule will not be awarded for in-house programs of the Lenox Public Schools, attending workshops during the school day, attendance at professional conferences or informational session/meeting, mentoring, peer coaching, peer assistance, serving as a cooperative teacher, being a member of an accreditation team, publishing an earned doctorate thesis, authoring a curriculum development unit, designing activities for students, or attending one (1) day workshops unless they lead to the accrual of at least fifteen (15) hours in the same subject or topic area.

 

E.         The Committee shall reimburse or pay a teacher for attending courses at accredited colleges which are taken for nondisciplinary reasons at the written direction of the Superintendent, provided that (a) the teacher shall have, in the opinion of the Superintendent, satisfactorily completed such course or courses and shall have attained a grade not lower than “B” or its equivalent or receives a “pass” for a course which is only graded pass/fail (i.e., no teacher option to elect pass/fail); (b) the teacher has submitted evidence of payment.  Teachers shall request such reimbursements in writing.

 

 

ARTICLE XVI

TEAM EVALUATION

 

Any teacher who is required to participate in a full or partial team evaluation of a student or students will be given, normally, one week's notice prior to the meeting.

 

The Committee recognizes the necessity for paper work in regard to preparing materials for an educational assessment used in a partial or full team evaluation and, where feasible, efforts will be made to avoid unreasonable demands for materials beyond the usual limits of preparation outside of class time.

 

 

ARTICLE XVII

PROTECTION

 

A.        Teachers will immediately report in writing all cases of assault made or suffered by them in connection with their employment to the Superintendent of Schools and the building Principal.  The building Principal shall, if requested by the teacher (a) request the Lenox Police Department to investigate the incident and (b) request the Lenox Police Department to assist the teacher to obtain a show cause hearing.

 

B.         A copy of the teacher's report under paragraph A hereof will be forwarded to the Superintendent who will comply with any reasonable request from the teacher for information in its possession relating to the incident or the persons involved.

 

C.         The Committee agrees to indemnify teachers in accordance with the provisions of Massachusetts General Laws, Chapter 258, § 9.

 

 

ARTICLE XVIII

INSURANCE

 

A.     The Committee will pay 75% of the individual or family coverage, whichever is applicable in the particular case for the HMO plan (Network Blue New England Value Plus) with such benefits and through such organizations as the Town of Lenox shall from time to time select.

 

B.     The Committee will pay an equal dollar amount as the HMO contribution above for the PPO or POS plans (currently Blue Care Elect Value Plus and Blue Choice New England Value Plus) with such benefits and through such organization as the Town of Lenox shall from time to time select. Said amount shall not fall below 50% in accordance with state law.

 

C.     The Committee will share with the LEA the administrative costs of the administration of a Flexible Spending Account program.  The Committee will assume 80% of the administrative costs, the individual member will assume a 20% cost.

 

D.     The Committee shall give teachers at least once a year an open enrollment period during which each teacher may select one of the plans offered under paragraphs A, B, C and D.  During open enrollment, the Town is to give written notice of the plans that will be offered for the following year and expected cost for each of the plans for the coming year.

 

E.      The teachers will be eligible to participate in a group life insurance plan.  A $5,000 life insurance policy is available, 75% of the premium cost of which is borne by the Town of Lenox unless modified in accordance with Massachusetts General Laws, Chapter 32B.

 

F.      The Committee will continue to contribute to the existing group disability insurance program established by the MTA for teachers within its employ who work 20 or more hours per week and will pay the premiums for each participating teacher to a maximum of $4.29 per month provided each participating teacher authorizes payment of the balance of the premium, if any, through payroll deduction.

 

G.     1 (a) If a Unit A employee was enrolled in the Town’s HMO, POS or PPO health insurance plan on June 30, 2006 and thereafter chooses to un-enroll from these plans and remains un-enrolled in any of the Town’s HMO, POS PPO or Medex health insurance plans for three (3) consecutive years [measured from the date the employee’s coverage terminated], the Town shall pay the employee $3,500, so long as (1) the individual remained employed by the Committee and as a member of the bargaining unit under the terms of this collective bargaining Agreement for the entire 3-year period, (2) the individual remained eligible to join or re-join the Town’s HMO, POS or PPO health insurance plan during the entire 3-year period, (3) the employee is not at any time during the 3-year period covered, through a spouse or otherwise, by any of the Town’s health insurance policies [including but not limited to the HMO, POS,  PPO or Medex] and (4) the employee is covered under another health insurance plan for the entire 3-year period and provides satisfactory evidence of such coverage to the Committee.

 

(b) If at any time after the initial termination of coverage but before the expiration of 3 consecutive years the employee wishes to re-join the Town’s insurance plan, he or she may do so if (a) such decision is made during the annual “open enrollment” period, or (b) a “qualifying event” occurs which would entitle the employee to re-join under the law. If an employee re-joins the Town’s HMO, POS, PPO or similar health insurance plan during that 3-year period, or in any manner becomes covered under the terms of any of the Town’s health insurance plans during that 3-year period, no payment [partial or otherwise] shall be made.

 

(c) This benefit is available one time only for any individual.

 

2.  (a) If during a health insurance open enrollment period a member of this bargaining unit who was paying health insurance premiums and was thus covered by the Town’s health insurance plan during the entire one-year period prior to the date the open enrollment period ends chooses to join a less expensive HMO, POS or PPO [but not Medex] individual or family plan offered by the Town for the subsequent plan year and remains a member of the less expensive plan for the entire subsequent year, the Town will pay the employee one-half of the amount the Town saves for that one year.

 

(b) No payment under paragraph (a) above shall be made to an individual who at any time during the term of this collective bargaining agreement changed coverage from a less expensive plan to a more expensive plan [whether from individual to family or from HMO to PPO or POS]

 

(c) Payment by the Town will be made in June of the year in which the change became effective.

 

(d) This benefit is available only once for any individual or any household or family during the entire time they work for the School Committee and/or the Town.

 

 

ARTICLE XIX

PAYROLL DEDUCTIONS

 

A.        The Committee agrees to deduct from the salaries of its teachers dues for the Lenox Education Association, the Massachusetts Teachers Association, the National Education Association, or any one of said associations as said teachers individually and voluntarily authorize the Committee to deduct, and to transmit the monies, promptly to the Lenox

Education Association. Teacher authorization will be in writing in the form set forth below:


 

           

 

                                                         "Dues Authorization Card"

 

                        Name _______________________________

 

                        Address _____________________________

 

                        I hereby request and authorize the Lenox School Committee to deduct  $_____ in ten equal monthly payments over the remainder of the school year and for succeeding school years, and transmit to the Lenox Education Association.  I understand that the Committee will discontinue such deductions for any school year only if I notify the Committee in writing to do so not later than 60 days prior to the commencement of the school year.  I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization and relieve the School Committee and all of its officers from any liability therefor.

 

 

                        Teacher Organization:

 

                        __________ Lenox Education Association

 

                        __________ Massachusetts Teachers Association

 

                        __________ National Education Association

 

                        Dated:  _____________

 

                                                                        __________________________________

                                                                             Teacher's Signature

 

 

B.         Each of the associations named in paragraph A above will certify to the Committee in writing the current rate of its membership dues.  Any association which will change the rate of its membership dues will give the Committee 30 days written notice prior to the effective date of such change.

 

C.         Teachers may authorize the School Committee to deduct from their salary a contribution to Voice of Teachers for Education, of an amount which the teacher shall specify in writing on a form similar to "A" above.  The Committee will certify on the payroll the amount to be deducted by the treasurer.  Such amounts shall be transmitted to the Lenox Education Association within thirty (30) days.  The Association will be responsible for submitting said funds to VOTE.

 

D.        Teachers will be eligible to participate in a “tax-sheltered” annuity plan established pursuant to M.G.L. c. 71, § 37B.

 

E.         Teachers will be eligible to participate in the Flexible Benefit Program under such terms and conditions as are from time to time established by the parties to this Agreement.

F.         Agency Fee

 

1.      Effective thirty (30) days after the first day of the 2004-2005 school year in accordance with M.G.L. 150E, Section 12 each employee identified in the recognition clause of this contract will be required to pay either membership dues or an agency fee, except that an employee who on the date of the execution of this agreement is not a member of the Association shall not be required to pay an agency fee to the Association.  An employee who is a member of the Association on the date of the execution of this Agreement may cease membership in the Association and shall be required in accordance with M.G.L. Chapter 150E, Section 12 to pay the agency fee to the Association.

 

2.      Not withstanding Section 1 above, employees covered by this Agreement shall upon the operative date of this section have the following options:  (a) payment of annual dues by authorized dues deduction; (b) payment of agency fee by authorized dues deduction; (c) cash payment equal to that amount certified as the Agency Fee to the Lenox Education Association’s Scholarship Fund, the Town of Lenox Scholarship Fund or another charity named by the Association on or before June 30 of each school year.

 

3.      The Association will be solely responsible for enforcing the provisions of this section.  The Committee will not be responsible for enforcing any provision of this section.  Neither the Committee nor any member of the Administration will be required to take any action to compel an employee to pay to the Association the Agency Fee nor

shall any employee be disciplined or discharged as a result of his/her failure to make any payment provided for in this Article.

 

4.      The Association 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 in equity, and whether based on statute, constitution of common law, made or instituted against the Committee or its agents, employees or administrators, resulting from this section.  Specifically, the Association will have no right of action, by way of contribution, counterclaim or other basis against the Committee.  Should any administrative agency or court of competent jurisdiction find the Committee liable for any damages as a result of this section, the Association will pay any and all of those damages, including interest and charges.

 

5.      If any court of competent jurisdiction determines that any part of the Article XIX, Section F, is unconstitutional, in violation of statute, or otherwise unenforceable, all of the other parts of this section will be null and void.

 

6.      The service fee shall be calculated in accordance with the provisions of M.G.L. Chapter 150E, Section 12, and applicable state and federal constitutional law shall not exceed the periodic dues required to be paid by employees to remain members in good standing with the Association.

 

 

 

ARTICLE XX

GENERAL

 

A.        Copies of this agreement will be printed at Committee expense and a copy given to each teacher.

 

B.         If any provision of the agreement or any application of the agreement to any teacher or group of teachers 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.

 

C.         Teachers will not be required to drive pupils to activities which take place away from the school building.

 

D.        At the faculty meeting prior to the opening of school, the President of the Association or his/her designee will be provided time to greet the combined annual assembly of the faculty.

 

E.         In the formal program provided by the school system for the orientation of new staff, adequate participation of Association representatives will be permitted.

 

F.         The names of all new staff members and their building, grade and subject assignments will be made available to the Association and in no case later than September 15.

 

G.        Department heads will be consulted during the budget-making process for their recommendations on departmental needs.

 

H.        The President of the Association will be sent, through the inter-school mail, a copy of all School Committee agendas and School Committee minutes available to the public.

 

I.          Each teacher having a paraprofessional in his/her classroom shall as part of such teacher's duties provide the person evaluating such paraprofessional with information usable in evaluating such paraprofessional by completing the "Evaluation Input Form."  This form is not to be used as the sole source of information to evaluate a paraprofessional's performance.

ARTICLE XXI

DISCIPLINE

 

A.        The Association and each teacher recognizes the authority and responsibility of the Administration to reprimand and discipline a teacher for just cause.  If a teacher is to be reprimanded or disciplined by a member of the Administration, the teacher shall have the right to have a member of the Association present.  The presence or absence of just cause shall be subject to grievance and arbitration as provided in Article III unless the teacher has the right to challenge the reprimand or discipline in a proceeding provided by statute in which event the teacher shall use the statutory proceeding rather than grievance or arbitration. The non-renewal of a teacher at will is not being considered as either discipline or reprimand.

 

B.         If a teacher at will receives notice that he/she shall not be employed during the next academic year that teacher shall have the right to meet and confer with the Superintendent.  If teacher wishes to so meet and confer with the Superintendent, the teacher shall so request in writing within the ten calendar days following notice of non-renewal.  Superintendent shall thereupon set the date and hour of such meeting and conference which date and hour shall be within fifteen (15) calendar days following the date of the teacher's request therefor.  The teacher shall, at such meeting, be advised of the reason or reasons for non-renewal.  The decision of the Superintendent to employ or not to employ any such teacher shall be final and binding and shall not be subject to grievance or to arbitration.  Teacher shall have the right to have a representative of the Lenox Education Association present at such meeting and conference.

 

C.         The layoff or dismissal of a teacher at will who has not been teaching in the District more than ninety (90) days is not to be considered as either discipline or reprimand.

 

 

ARTICLE XXII

SALARIES

 

A.        Salaries during the term of this contract shall be paid to all personnel within the unit defined in Article I in accordance with and at the rate set in Exhibit A. and the following provisions:

 

1.                  For the term of this contract, a teachers step placement on the salary schedule shall be as follows:

a.       Teachers placed on step 18 or below in the first year of this Agreement, shall remain on the same numerical step for each subsequent year of this Agreement;

 

b.      Teachers placed on step 19 in the first year of this Agreement, shall remain on step 19 in the second year of the Agreement and step 18 in the third year of the Agreement;

c.       Teachers placed on step 20 in the first year of this Agreement, shall move to step 19 in the second year, and step 18 in the third year of the Agreement;

 

d.      Newly hired teachers once placed on the salary scale, shall remain on the same numerical step for each subsequent year of this Agreement unless b. and c. apply (above).

2.                  Nurses hired by the Committee after September 1, 2000, holding a then-current Standard Certificate pursuant to 603 CMR 7.10(42), may only advance to the MA column (but no further) if they have a Masters in Nursing.

 

3.                  Subject to confirmation of need, nurses shall be reimbursed for the cost of annual licensure and the cost of liability insurance not to exceed a $200 premium.

 

B.         1.         Teachers shall be paid bi-weekly according to the schedule set up by Town Treasurer.

 

            2.         Teachers may elect to have July and August payments made during the preceding June if request is made in writing no later than the beginning of that work year,  For example, to receive payments in June 2014 for July and August 2014, the request must be made prior to August 30, 2013. 

 

            3.         Payments made under Exhibit C shall be incorporated into the bi-weekly pay.

 

            4.         Payments made under Exhibit D shall be made on the first regular payday following expiration of teacher's duties under Exhibit D.

 

5.         Counselors, school nurses, and librarians who are assigned to work beyond the normal school year will be paid 1/201 of their annual pay for each full day worked.  A teacher who agrees to be called in by the Special Education Director (or designee) to meet the IDEA requirements during the summer will also be paid at the rate of 1/201.

 

            6.         Part-time teachers will be placed on the salary schedule in accordance with the Unit A salary schedule and their salaries shall be computed on a prorated basis (calculations will be based on days per week, days per year, periods per day, hour per day, etc. as appropriate).

 

            7.         Notwithstanding #6 above, any Lenox Memorial Middle and High School teacher who is assigned at least five-sixths (5/6) teaching load shall be considered full-time for purpose of salary.

 

C.         Each teacher currently employed shall be advised of his/her "vertical level" and "horizontal level" for the work year here involved by October 15 of each work year.  A teacher first employed during the term of this agreement shall be advised in writing of the vertical and horizontal levels at which he/she is first employed at the commencement of his/her employment and a teacher so first employed must be placed within a vertical and horizontal level set forth in Exhibit A.  In determining vertical placement on the salary schedule, a teacher first employed during the term of this agreement shall be given appropriate credit for past experience up to four (4) years.  Additional credit may be granted for experience beyond four (4) years.

 

D.        1.         Each teacher other than teachers within the vertical column marked BA (Bachelor's) degree shall at the commencement of each school year advance to the next highest vertical level.

 

            2.         A teacher who was in the employ of the school system on September 1, 1976, or who shall have been employed thereafter and is placed in the Bachelor's column shall be entitled to four (4) increments until he/she shall have earned fifteen (15) hours of approved credit.

 

            3.         The parties acknowledge that vertical steps do not necessarily represent years of work experience or the length of employment by the School Committee.  A teacher first employed during the term of this agreement may advance vertically on the salary schedule in the succeeding work year only if such teacher begins work as a teacher on or before November 1st.

 

E.         1.         The "horizontal level" of each teacher will be determined by his/her academic credits as set forth on Exhibit A, subject to approval by the Superintendent of Schools.  Academic credits between recognized degrees shall be recognized for purposes of incremental increase only if in the opinion of the Superintendent of Schools the acquisition of such credits has some direct relation to (1) the teacher's area of involvement, (2) academic responsibility or (3) the acquisition of such credits is a part of the program leading to a Master's degree.  Generally, only graduate level courses will be approved under (1), (2), (3) except undergraduate courses may be approved if related to a teacher's assignment and not repetitive of prior academic work.  If the Superintendent shall determine that one or more such academic credits do not satisfy either (1), (2), or (3), he/she shall advise the teacher in writing.

 

            2.         To qualify for a new "horizontal level" all course work must be completed on or before September 1.

 

F.         A teacher will be placed on the horizontal level set forth on the salary schedule for the particular year as follows:

 

            1. Column A - Bachelor's (B.A.)          Automatically upon receipt of a Bachelor of Arts, Bachelor of Science or equivalent.

 

            2. Column B - B.A. + 30                      Automatically upon satisfactorily earning thirty (30) "approved academic credits" beyond the Bachelor's Degree.

 

            3. Column C - Master's (M.A.) Automatically upon receipt by teacher of a Master's Degree in Education or within the area deemed by the Superintendent to be within the area that the teacher is performing within the Lenox Public Schools.

 

            4. Column D - M.A.+15                       If the teacher has received a Master's Degree, automatically upon teacher satisfactorily earning fifteen (15) "approved academic credits' (exclusive of "approved academic credits" used to obtain a Master's Degree).

 

            5. Column E - M.A.+30                       If the teacher has received a Master's Degree, automatically upon teacher satisfactorily earning thirty (30) "approved academic credits" (exclusive of "approved academic credits" used to obtain a Master's Degree).

 

            6. Column F - M.A.+45 / CAGS          If  the teacher has received a Master's degree, automatically upon teacher satisfactorily earning forty-five (45) "approved academic credits" (exclusive of

"approved academic credits" used to obtain a Master's Degree).  Effective September 1, 1991.

 

            7.  Column G - M.A.+60                      If the teacher has received a Master's degree, automatically upon teacher satisfactorily earning sixty (60) "approved academic credits" (exclusive of "approved academic credits" used to obtain a Master's Degree). 

 

G.        Teachers whose duties require inter-school travel shall be paid at the per mile rate of the current IRS guideline for such travel (in arranging schedules, a reasonable effort will be made to limit inter-school travel).

 

H.        Teachers may but need not accept appointments to those positions referred to in Exhibit D.  All appointments shall be deemed to expire at the end of the work year next ensuing the date of the appointment unless the Superintendent in making such appointment shall indicate a different expiration date.  A teacher may at any time request an appointment to any such position upon expiration of the then incumbent's term.  Such request shall be in writing.  The Superintendent shall post each position to be filled (unless the incumbent is to be reappointed to the position) for ten (10) calendar days upon one or more of the bulletin boards referred to in Article XII except that shorter notice may be utilized if in the judgment of the appointing administrator circumstances warrant a shorter notice. 

 

            If no qualified member of the unit described in Article I applies for appointment to a position described in Exhibit D, the Superintendent may appoint to such position an individual who is not a member of the unit.  In determining the qualifications of a unit member for appointment to Exhibit D positions, the Superintendent may consider among other factors whether such unit member will be able to satisfactorily perform the duties of such position.  If a member of the unit is so appointed, the member shall receive as compensation the amount determined in accordance with the provision of Exhibit D.

 

            If the Superintendent expects to appoint an applicant from without the system, he/she shall at least five (5) calendar days prior to the date that he/she makes such recommendation, so advise, in writing, all applicants from within the system.  The writing shall advise the teacher of the date that the Superintendent intends to make his appointment.  Superintendent shall, upon request of applicant from within the system, meet and confer with such applicant. The teacher's request for a meeting and conference shall be in writing and shall be delivered to the Superintendent within the two (2) calendar days following the date of Superintendent's notice to the teacher.  The teacher may have a representative of the Association present at such meeting. The decision of the Superintendent with respect to the appointment shall be final and binding and shall not be subject to grievance or arbitration.  However, compliance with the procedural provisions of this paragraph shall be subject to grievance and arbitration.

 

            Nothing in this agreement shall be construed as (1) requiring the Superintendent to fill any position referred to in Exhibit D, or (2) precluding the Superintendent from adding any other similar position or (3) requiring the Superintendent to reappoint members of the unit to the positions generally referred to in Exhibit D, or (4) defining the nature, extent and specifics of the duties and the positions generally referred to in Exhibit D, provided, however, that the nature, extent, and specifics shall not be changed during the term of the appointment except by agreement.

 

            It is agreed that the satisfactory performance of those duties generally referred to in Exhibit D may entail work beyond the normal "work day" of a teacher.

 

            A teacher shall not be removed from such positions prior to the expiration of the term of his/her appointment other than by mutual consent or for just cause.

 

 

 

ARTICLE XXIII

INJURY IN THE COURSE OF EMPLOYMENT

 

 

A.     Bargaining Unit Members who are injured in the course of employment receive coverage for salary and medical costs in accordance with the provisions of M.G.L., c. 152.  Additionally, Bargaining Unit Members who are covered for worker’s compensation benefits may have deducted from their accumulated and unused sick leave an amount to bring their pay up to their full salary in accordance with M.G.L., c. 152, s. 69.  In the event that the employee’s accumulated and unused sick leave has been exhausted, the employee will only receive the worker’s compensation payment.  An employee on worker’s compensation leave cannot draw from a sick leave bank.

 

During the time period that the employee is receiving full salary under M.G.L., c. 152, s. 69, all checks issued to the employee by the worker’s compensation insurance carrier will be endorsed and turned over to the School so that the employee will not receive any payment in excess of the employee’s full salary.

 

B.         If the illness or injury of a teacher comes within the purview of both this article and Article X, it shall be deemed to come within the purview of this article, and such teacher shall not be paid any benefits pursuant to Article X for such illness or injury, except as is provided in the preceding paragraph.

 

C.         A teacher's per diem rate is determined by dividing the salary provided for in Exhibit A by the number of days in the teacher's work year.

 

 

ARTICLE XXIV

RETIREMENT ALLOWANCE

 

A.        A teacher in the employ of the Committee for a period of ten (10) years or more who retires under the Massachusetts Retirement System while in the employ of the Committee who has attained the age of 55-years or has twenty (20) years of credited service in the Massachusetts Retirement System shall be paid upon such retirement a sum determined by multiplying such teacher’s accumulated days of sick leave at retirement including the teacher's personal days added under Article XIII(B)(2) by the applicable per diem retirement rate provided such teacher, except in the event of death, has completed his/her work assignment for the current school year.  The per diem retirement rate is as follows:

 

 

 

            Accumulated Days of Sick Leave                               Per Diem Retirement Rate

 

                        0-100                                                                           $25.00

 

                        101-200                                                                       $30.00

 

                        201 and more                                                              $35.00

 

            Example:                     For a teacher with 225 days of accumulated sick leave, the allowance shall be computed as follows:

 

                                                First 100 days x $25/day plus the next 100 days x $30/day plus remaining 25 days x $35/day for a total of $6,375.00.

 

B.         Any teacher eligible to receive compensation under the preceding paragraph who submits on or before December 15 written notice that he/she will retire at the end of the school year, shall be paid the additional sum of $1,500 and thereafter to be paid in accordance with paragraph (c) immediately following. If a teacher notified the Committee after the December 15 date, the Committee will have the option of paying the retirement allowance up to nineteen (19) months after notification is received.

 

C.         Amounts payable under this article shall be paid on the first regular pay date following the date of retirement.  In the event of the death of a teacher eligible to receive compensation under paragraph A of this article, the amount payable under this article shall be paid to teacher's spouse, or if none, to the estate of the deceased teacher.

 

D.        Committee may, but need not, grant retirement benefits to any teacher not otherwise eligible for compensation under this article for such reason or reasons as shall seem appropriate to the Committee.  The grant, denial, imposition of terms and imposition of conditions by the Committee with respect to the same shall be conclusive and shall not be subject to grievance or arbitration.

 

E.         The number of accumulated days of sick leave accumulated when a teacher worked less than full time shall be prorated on the basis of such teacher's full-time equivalency.

 

 

ARTICLE XXV

REDUCTION IN FORCE

 

A.        If the Superintendent, notwithstanding anticipated retirements and attrition, contemplates a reduction in the number of professionals employed by the Committee and also concludes that such reduction is likely to result in the termination of the employment of one or more members of that unit described in Article I hereof serving as teachers with professional status, Superintendent shall implement such reduction in the following manner:  The Principals involved shall recommend to the Superintendent the professionals to be laid off and in making such recommendation or recommendations, the Principals shall consider (a) the relative competency of members of the professional staff, and  (b) the relative length of service of members of the professional staff and (c)

the areas within which members of the professional staff are certified or may be certified, provided always that when the elements of sub-paragraph (a) and (c) are substantially equal, the length of service shall prevail.

 

            Notwithstanding the foregoing, in the event of a reduction in force of nurses, sub‑paragraph (c) above shall not apply and in lieu thereof the following shall apply:  (c) the areas within which nurses are licensed and experienced within the school system.

 

B.         Within ninety (90) days of the receipt of the said recommendations of the Principals, the Superintendent shall, subject to such constraints as may be imposed by law and the terms of this agreement, proceed to implement such reduction.  Teachers who may be laid off under this article shall be notified in writing, no later than June 15 of the school year preceding the school year in which the reduction will take effect, of the Superintendent's intent to lay off the teacher.  The decision of the Superintendent to lay off a teacher shall be final and shall not be subject to grievance or arbitration.

 

C.         "Length of Service" (seniority) means a professional teacher's continuous length of service in the present school system measured in years, months, and days from the teacher's first day of employment as a teacher.  Temporary leaves of absence shall not constitute a break in service.

 

D.        Teachers who have been laid off in accordance with paragraphs 1 and 2 of this article shall be entitled to recall rights for a period of two (2) years from August 29 in the year of termination.  During the recall period, teachers shall be notified by mail at their last address of record and given preference for open positions for which they are qualified by reason of certification and recent experience in the academic subject area(s), in the inverse order of their respective terminations under this article.  Said teachers shall have twenty (20) calendar days or ten (10) teaching days, whichever shall be the shorter, to respond, in writing, to be eligible for the position.  Accumulated sick leave benefits as well as seniority list placement to which a teacher was entitled at the time of the terminations shall be restored in full upon re-employment within the recall period.  Nothing herein shall require the Superintendent to fill any open position for which notice has been sent or prevent the Superintendent from extending the time for receipt of written requests for appointment.

 

E.         Teachers who have been laid off in accordance with paragraphs 1 and 2 of this article shall be given preference on the substitute list, if they so desire, for a period of two years.

 

F.         Teachers who have been laid off in accordance with paragraphs 1 and 2 of this article may, if permitted by laws of the Commonwealth of Massachusetts, the terms and conditions of the pertinent insurance policy or policies and the Board of Selectmen of the Town of Lenox, continue their respective group life and health insurance coverage for the period of two years by remitting to the Town of Lenox the total premium costs for the same and complying with such other terms and conditions as the Board of Selectmen shall impose.  Failure to pay such premium payments in accordance with a mutually agreed upon schedule, or to comply with the Board of Selectmen's terms and conditions, shall terminate this right.

 

G.        The Superintendent will provide a seniority list of teachers, in writing, annually to the Association.  The list will be available by October 1.  Challenges to this list must be presented, in writing, to the Superintendent by October 15.  If there are no challenges to the list by October 15, the list will stand for the work year involved.  The parties agree, however, that either party may make corrections due to clerical errors.

 

H.                 Nothing herein shall be construed as pertaining to the exercise by Superintendent of his/her right to discharge or not renew the employment of teacher at will.

 

I.                    The Association shall be notified, in writing, of all layoffs and of all open positions during the recall period.

 

 

ARTICLE XXVI

LONGEVITY PAYMENT
(this article expired August 31, 2013)

 

 


ARTICLE XXVII

DURATION

 

This Agreement shall be effective as of September 1, 2013, and shall remain in full force and effect through August 31, 2016.  The parties agree that on or before November 1, 2015, the parties will commence negotiations for a successor agreement.

 

IN WITNESS WHEREOF, we have affixed our hands this ___ day of July , 2013.

 

 

 

 

 

                                                                        SCHOOL COMMITTEE FOR THE INHABITANTS OF THE TOWN OF LENOX

 

 

 

 

                                                                        By                                                                   

Date of Signature                                                    Donald Fitzgerald, School Committee

 

 

 

 

                                                                         LENOX EDUCATION ASSOCIATION

 

 

 

 

                                                                        By                                                                   

Date of Signature                                                 Daniel Cook, Lenox Education Association

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

2013-2014 Salary Schedule

 

Steps

BA

BA 30

MA

MA15

MA30

MA 45/ CAGS

MA 60

1

37,031

38,327

39,669

41,057

42,494

43,981

45,521

2

38,290

39,630

41,017

42,453

43,939

45,477

47,068

3

39,592

40,978

42,412

43,896

45,433

47,023

48,669

4

40,938

42,371

43,854

45,389

46,977

48,622

50,323

5

42,330

43,811

45,345

46,932

48,575

50,275

52,034

6

43,769

45,301

46,887

48,528

50,226

51,984

53,803

7

45,257

46,841

48,481

50,178

51,934

53,751

55,633

8

46,796

48,434

50,129

51,884

53,700

55,579

57,524

9

48,387

50,081

51,833

53,648

55,525

57,469

59,480

10

50,032

51,783

53,596

55,472

57,413

59,423

61,502

11

51,733

53,544

55,418

57,358

59,365

61,443

63,594

12

53,492

55,365

57,302

59,308

61,384

63,532

65,756

13

55,311

57,247

59,251

61,324

63,471

65,692

67,991

14

57,192

59,193

61,265

63,409

65,629

67,926

70,303

15

59,136

61,206

63,348

65,565

67,860

70,235

72,693

16

61,147

63,287

65,502

67,795

70,167

72,623

75,165

17

63,226

65,439

67,729

70,100

72,553

75,092

77,721

18

65,375

67,664

70,032

72,483

75,020

77,646

80,363

19

67,598

69,964

72,413

74,947

77,570

80,285

83,095

20

69,897

72,343

74,875

77,496

80,208

83,015

85,921


2014-2015 Salary Schedule

 

Steps

BA

BA 30

MA

MA15

MA30

MA 45/ CAGS

MA 60

1

38,482

39,828

41,222

42,665

44,158

45,704

47,304

2

39,790

41,183

42,624

44,116

45,660

47,258

48,912

3

41,143

42,583

44,073

45,616

47,212

48,865

50,575

4

42,542

44,031

45,572

47,167

48,817

50,526

52,294

5

43,988

45,528

47,121

48,770

50,477

52,244

54,072

6

45,484

47,076

48,723

50,428

52,193

54,020

55,911

7

47,030

48,676

50,380

52,143

53,968

55,857

57,812

8

48,629

50,331

52,093

53,916

55,803

57,756

59,778

9

50,282

52,042

53,864

55,749

57,700

59,720

61,810

10

51,992

53,812

55,695

57,645

59,662

61,750

63,911

11

53,760

55,641

57,589

59,604

61,691

63,850

66,084

12

55,588

57,533

59,547

61,631

63,788

66,021

68,331

13

57,478

59,489

61,571

63,726

65,957

68,265

70,655

14

59,432

61,512

63,665

65,893

68,199

70,586

73,057

15

61,453

63,603

65,829

68,133

70,518

72,986

75,541

16

63,542

65,766

68,068

70,450

72,916

75,468

78,109

17

65,702

68,002

70,382

72,845

75,395

78,034

80,765

18

67,936

70,314

72,775

75,322

77,958

80,687

83,511

19

70,246

72,705

75,249

77,883

80,609

83,430

86,350

 


2015-2016 Salary Schedule

 

Steps

BA

BA 30

MA

MA15

MA30

MA 45/ CAGS

MA 60

1

39,989

41,388

42,837

44,336

45,888

47,494

49,156

2

41,348

42,796

44,293

45,844

47,448

49,109

50,828

3

42,754

44,251

45,799

47,402

49,062

50,779

52,556

4

44,208

45,755

47,357

49,014

50,730

52,505

54,343

5

45,711

47,311

48,967

50,681

52,454

54,290

56,190

6

47,265

48,919

50,632

52,404

54,238

56,136

58,101

7

48,872

50,583

52,353

54,185

56,082

58,045

60,076

8

50,534

52,303

54,133

56,028

57,989

60,018

62,119

9

52,252

54,081

55,974

57,933

59,960

62,059

64,231

10

54,029

55,920

57,877

59,902

61,999

64,169

66,415

11

55,866

57,821

59,845

61,939

64,107

66,351

68,673

12

57,765

59,787

61,879

64,045

66,287

68,607

71,008

13

59,729

61,819

63,983

66,223

68,540

70,939

73,422

14

61,760

63,921

66,159

68,474

70,871

73,351

75,919

15

63,860

66,095

68,408

70,802

73,280

75,845

78,500

16

66,031

68,342

70,734

73,210

75,772

78,424

81,169

17

68,276

70,666

73,139

75,699

78,348

81,090

83,928

18

70,597

73,068

75,626

78,272

81,012

83,847

86,782


 EXHIBIT B

DISTRIBUTED LEADERSHIP POSITIONS & SALARIES

 

POSITION

2013-2016

HEAD TEACHER – MORRIS (1 POSITION)

$3,548

DEPARTMENT CHAIR – LMMHS (5 POSITIONS)

$3,548

DEPARTMENT CHAIR – SPED (2 POSITIONS)

$3,548

GUIDANCE DEPT. SUPERVISOR

$2,045

MID-SCHOOL TEAM LEADERS (grades 6-8) (3)

$2,045

9th GRADE TEAM LEADER

$862

 

 

MENTOR  COORDINATOR

$23.51/hr.

 

 

 

 

 

 

 

 

DEPARTMENT REPRESENTATIVE (PER HOUR)

$23.51

ATHLETIC DIRECTOR

$4,596

DATA COACHES (2)

$3,548

*1, will be pre approved by the Principal in 40 hour increments.

 

 

EXHIBIT C

 

Since both parties to this agreement, to which Exhibit C is attached and made a part, are of the persuasion that it is their obligation to engender and foster student participation in athletic, social, civic, and other extra-curricular activities under the aegis of the parties to this agreement, both parties agree as follows:

 

  1. In the event that the School Committee provides for any or all of the following extra-curricular positions and provided that any or all such positions are filled, the amount of the extra-curricular stipends shall be as indicated in paragraph 7 below. 
  2. Persons appointed to extra duty positions are eligible for reappointment subject to satisfactory performance, as determined in annual performance evaluations.  Extra duty positions will be advertised and posted annually.
  3. If a position is created which is not set forth in paragraph 7 below, the Superintendent may establish a temporary rate for such position and proceed to post and fill the position.  The District and Association will meet to establish the final rate.  Said agreement shall be reduced to writing in the form of a Memorandum of Agreement which will serve as an addendum to this contract. 
  4. Stipends and/or positions can only be shared upon recommendation of the Building Principal and/or Athletic Director with approval of the Superintendent, and once all paperwork has been completed.
  5. Appointees shall be paid a lump sum at the conclusion of the activity for the school year. 
  6. All stipends indicated below are for the entire period of time that each activity requires, from the first day through the last day, including post-season experiences.
  7. The rates for established positions are as follows:

 

 

INTRAMURALS + WEIGHT ROOM

 

POSITION

2013-2016

LMMHS

 

 

 

WEIGHT ROOM – FALL

$485

WEIGHT ROOM – WINTER

$485

WEIGHT ROOM – SPRING

$592

Intramurals when scheduled and approved by the Principal and Athletic Director

 

FALL 

$182

SPRING

$182

VOLLEYBALL

$182

BASKETBALL

$275

TENNIS

$548

GYMNASTICS

$548

MOUNTAIN BIKE CLUB

$539

 

 

 

 

 

 

MORRIS

 

 

 

INTRAMURAL DIRECTOR

$3,395

INTRAMURAL ASSISTANT DIRECTOR

$1,134

 

 

EXTRA-CURRICULAR STIPENDS

 

LMMHS – POSITION

2010-2013

 

 

PUBLICATIONS

 

HIGH SCHOOL – SEQUENCE

$1,077

HIGH SCHOOL – CACOPHONY & MURMURS

$1,077

HIGH SCHOOL – YEARBOOK

$2,693

HIGH SCHOOL – NEWSPAPER

$1,077

MID-SCHOOL – CREATIVE WRITING/REFLECTIONS

$1,077

MID-SCHOOL – GRADE 6 PUBLICATION

$1,077

MID-SCHOOL – YEARBOOK

$1,077

 

 

STUDENT GOVERNMENT

 

CLASS ADVISORS Gr. 6-8 (1 per grade)

$324

CLASS ADVISORS Gr. 9-10 (1 per grade)

$485

CLASS ADVISORS Gr. 11-12 (2 per grade)

$1,077

HIGH SCHOOL STUDENT COUNCIL

$916

MID-SCHOOL STUDENT COUNCIL

$647

 

 

INSTRUCTIONAL

 

LMMHS BAND

$2,694

SAT INSTRUCTORS

$1,257

PSAT INSTRUCTORS

$503

MCAS INSTRUCTORS

$23.51per hour

SPANISH GUITAR

$620

COOKING CLASS

$539

MENTORS

$826

EXTRA-CURRICULAR COORDINATOR

$1077

ART PRODUCTION COORDINATOR

$1077

CURRICULUM WORK (PER HOUR)

$23.51/HOUR

HOME BOUND/ TUTORING (PER HOUR)

$23.51/HOUR

 

 

ACADEMIC CLUBS

 

MODEL UNITED NATIONS

$1,077

HIGH SCHOOL FRENCH CLUB

$620

MID-SCHOOL FRENCH CLUB

$620

HIGH SCHOOL SPANISH CLUB

$620

MID-SCHOOL SPANISH CLUB

$620

ARABIC CLUB

$620

LATIN CLUB

$620

SOCRATES CLUB

$620

CHESS CLUB

$620

COMPUTER PROGRAMMING CLUB

$539

MID-SCHOOL SCIENCE CLUB

$620

HIGH SCHOOL ART CLUB

$539

MID-SCHOOL ART CLUB

$539

PHOTOGRAPHY CLUB

$539

MID-SCHOOL ROBOTICS CLUB

$539

 

 

COMPETITIVE CLUBS

 

DESTINATION IMAGINATION

$673

MOCK TRIAL

$620

QUIZ TEAM

$754

MATH CLUB

$539

AS SCHOOLS MATCH WITS

$700

QUIDDITCH CLUB

$700

SPRING CREW CLUB & REGATTA

$700

 

 

OTHER STIPENDS

 

MID-SCHOOL OUTING CLUB

$620

EVERGREEN CLUB

$539

CRAFT CLUB

$539

GAY STRAIGHT ALLIANCE (2 PERSONS)

$565

GLEE CLUB

$539

STUDENT RELIEF CLUB

$539

CAFETERIA DUTY TIME (YEAR LONG)

$1,500

SADD

$539

HIGH SCHOOL DRAMA LIAISON

$600

SAVE

$1,523

MIDDLE SCHOOL DRAMA LIAISON

$400

PEER EDUCATION

$1,792

PEER TUTORING

$970

NATIONAL HONOR SOCIETY

$1,293

GOING PLACES

$620

AFTER SSCHOOL ACTIVITIES PROGRAM

$539

DRUG FREE SCHOOLS COORDINATOR

$620

NATIONAL ART HONOR SOCIETY

$539

FRENCH FILM CLUB

$539

 

 

MORRIS

 

MORRIS CHORUS

$647

ART CLUB

$727

BUSINESS PARTNERSHIP LIAISON

$754

SERVICE CLUB

$539

 

 

 

 
 2013-2016 COACHING STIPENDS

 

SPORT

LEVEL

1

2

3

4

5

SOCCER

 

 

 

 

 

 

 

VARSITY

3,190

3,350

3,517

3,694

3,878

 

JV

2,516

2,592

2,669

2,750

2,832

 

ASSISTANT

2,066

2,127

2,191

2,257

2,324

CROSS COUNTRY – (FALL)

 

 

 

 

 

 

 

VARSITY

2,421

2,518

2,619

2,723

2,832

 

ASSISTANT

1,696

1,747

1,800

1,853

1,909

SKIIING – ALPINE

 

 

 

 

 

 

 

VARSITY

2,066

2,127

2,191

2,257

2.324

 

ASSISTANT

1,696

1,747

1,800

1,853

1,909

SKIING – NORDIC

 

 

 

 

 

 

 

VARSITY

3,014

3,164

3,322

3,489

3,662

 

ASSISTANT

2,066

2,127

2,191

2,257

2.324

BASKETBALL

 

 

 

 

 

 

 

VARSITY

3,739

3,888

4,045

4,206

4,375

 

ASSISTANT

2,516

2,592

2,669

2,750

2,832

 

 

 

 

 

 

 

SWIMMING

 

2,516

2,592

2,669

2,750

2,832

 

 

 

 

 

 

 

BASEBALL/SOFTBALL

 

 

 

 

 

 

 

VARSITY

3,014

3,164

3,322

3,489

3,662

 

ASSISTANT

2,066

2,127

2,191

2,257

2.324

GOLF

 

 

 

 

 

 

 

VARSITY

2,066

2,127

2,191

2,257

2.324

 

ASSISTANT

1,696

1,747

1,800

1,853

1,909

TENNIS

 

 

 

 

 

 

 

VARSITY

2,249

2,316

2,386

2,457

2,531

 

ASSISTANT

1,696

1,747

1,800

1,853

1,909

SPRING TRACK

 

 

 

 

 

 

 

VARSITY

2,348

2,442

2,540

2,641

2,747

 

ASSISTANT

1,696

1,747

1,800

1,853

1,909

 

 

 

 

 

 

 

GYMNASTICS

 

2,101

2,170

2,235

2,302

2,371

VOLLEYBALL

 

2,348

2,442

2,540

2,641

2,747

CREW

 

2,421

2,518

2,619

2,723

2,832


EXHIBIT D

Compensation for Professional and Curriculum Development

 

The contractual agreement between the Lenox Education Association and Lenox School Committee states that all teachers may be required to remain after the end of the regular work day without additional compensation for one hour per week to work on curriculum, or participate in department or other meetings authorized by the Superintendent. To assist in planning time beyond this requirement, a committee with representatives from the Lenox School Committee, school administration and Lenox Education Association will meet during the first year of this contract to examine how professional and curriculum development activities are presently structured and how individuals are compensated who are involved in the planning, teaching who attend these activities. Professional development and curriculum development models from other districts will be examined as well as present practices in the district.   


EXHIBIT E

Employee Evaluation

 

Incorporate ratified CBA language on new state Educator Evaluation System.

 

The Lenox Education Association and the Lenox School Committee are mutually committed to a rigorous, educationally sound and professionally supportive supervision and evaluation process that meets the standards established in Chapter 71, Section 38 of the Massachusetts General Laws and whose primary function is the enhancement of instruction and increased student achievement.  The Lenox Education Association and the Lenox School Committee share a commitment to establishing a common core of instructional standards and expectations. The district will provide professional development offerings for teachers and Administration that will support this commitment.  Both parties to this contract agree that the supervision and evaluation system will be reviewed and where required revised during the first year of this contract.  A joint committee consisting of representatives from the Lenox Education Association, Lenox School Committee and school district Administration will develop recommendations for revisions that the committee feels are necessary to insure that the evaluation process will meet the goals of enhancing instruction and improving student achievement. The committee will submit its recommendations to the Lenox School Committee and Lenox Education Association for approval and ratification.

 

Following the review and revision process a joint committee consisting of representatives from the School Committee, the Administration and the Lenox Education Association shall review the Lenox Teacher Evaluation process during the second and third years of this agreement and make recommendations as to such revisions that may be advisable to promote enhanced instruction with the goal of increased student achievement and to comply with state law. 


Lenox Unit A Educator Evaluation System

Table of Contents

(1)                        Rights of the Parties

(2)                        Purpose of Educator Evaluation

(3)                        Definitions

(4)                        Evidence Used in Evaluation

(5)                        Rubric

(6)                        Evaluation Cycle:  Training

(7)                        Evaluation Cycle:   Annual Orientation

(8)                        Evaluation Cycle:   Self-Assessment

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

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

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

(12)                    Observations

(13)                    Evaluation Cycle:  Formative Assessment

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

(15)                    Evaluation Cycle:  Summative Evaluation

(16)                    Educator Plans :  General

(17)                    Educator Plans:  Developing Educator Plan

(18)                    Educator Plans:  Self-Directed Growth Plan

(19)                    Educator Plans:  Directed Growth Plan

(20)                    Educator Plans:  Improvement Plan

(21)                    Timelines

(22)                    Career Advancement

(23)                    Rating Impact on Student Learning Growth

(24)                    Using Student feedback in Educator Evaluation

(25)                    Using Staff feedback in Educator Evaluation

(26)                    Transition from Existing Evaluation System

(27)                    General Provisions


1)                   Rights of the Parties

If regulatory changes or guidance from DESE are intended to be subject to collective bargaining, neither party shall be deemed to have waived their bargaining rights.

2)                   Purpose of Educator Evaluation

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

B)                  The regulatory purposes of evaluation are:

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

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

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

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

3)                   Definitions (* indicates definition is generally based on 603 CMR 35.02)

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

B)                  Assessment of Student Learning, Growth and Achievement: any demonstration of student knowledge and skill attainment, which may include but are not limited to, informal checks of student understanding, running records, demonstrations of knowledge and/or skills, presentations, performances, projects, experiments, tests, quizzes, reports, essays, portfolios, or multi-stage performance tasks, internships, service learning projects, district and state determined measures (when implemented by the State).

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

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

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

F)                   *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.  The parties will meet to discuss district determined measures when guidance is released by the State.  If DESE releases new regulations or guidelines concerning District Determined Measures that are intended to be subject to collective bargaining, than neither party waives their bargaining rights.

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

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

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

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

iii)                  Directed Growth Plan shall mean a plan developed by the Educator and the Evaluator of one school year or less, but not less than sixty (60) school days, for Educators with PTS who are rated needs improvement.

iv)                 Improvement Plan shall mean a plan developed by the Evaluator of a time period sufficient to achieve the goals outlined in the improvement plan of at least thirty (30) school days and no more than one school year for Educators with PTS who are rated unsatisfactory with goals specific to improving the Educator’s unsatisfactory performance. In those cases where an Educator is rated unsatisfactory near the close of a school year, the plan may include activities during the summer preceding the next school year.

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

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

K)                  *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 and shall have the statutorily defined administrative certification at the appropriate grade level. Each Educator will have one primary Evaluator at any one time responsible for determining performance ratings. 

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

ii)             Supervising Evaluator shall be the person responsible for developing the Educator Plan, supervising the Educator’s progress through formative assessments, evaluating the Educator’s progress toward attaining the Educator Plan goals, and making recommendations about the evaluation ratings to the primary Evaluator at the end of the Educator Plan. The Supervising Evaluator may be the primary Evaluator or his/her designee.

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

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

L)                  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.

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

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

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

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

Q)                  *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.

 

R)            *Measurable: That which can be classified or estimated in relation to a scale, rubric, or standards.S)                Multiple Measures of Student Learning: Measures must include a combination of classroom, school and district assessments, student growth percentiles on state assessments.  This definition may be revised as required by regulations or agreement of the parties upon issuance of ESE guidance expected by July 2012.

T)            *Observation:  A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of any duration, but not less than five (5) minutes, by the Evaluator and may include examination of artifacts of practice including student work.  An observation may 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. 

U)            Parties: The parties to this agreement are the Lenox School Committee and the Lenox Education Association..

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

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

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

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

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

W)           *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.

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

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

Z)            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)

AA)         *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

BB)         *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.

CC)         *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.

DD)         *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.

EE)         *Trends in student learning: At least two years of data, but when available 3 years of data, from the district-determined measures and state assessments used in determining the Educator’s rating on impact on student learning as high, moderate or low.

4)                   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 Massachusetts English Proficiency Assessment gain scores, if applicable, in which case at least two years of data is required.

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

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

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

i)                     Unannounced observations of practice of any duration, but at least five (5) minutes.

ii)                   Announced observation(s) for Educators.

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

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



5)                   Rubric

The rubrics are a scoring tool used for the Educator’s self-assessment, the formative assessment, the formative evaluation and the summative evaluation.   The parties agree that the rubrics developed by The Massachusetts Department of Elementary and Secondary Education attached to this agreement shall be used.

6)                   Evaluation Cycle:  Training

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

B)            By November 1st of the first year of this agreement, all Educators shall complete a professional learning activity about self-assessment and goal-setting satisfactory to the superintendent or principal.  Any Educator hired after the November 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.

7)                   Evaluation Cycle:  Annual Orientation

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

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

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

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

 

 

8)                   Evaluation Cycle:  Self-Assessment (See Appendix A)

A)                  Completing the Self-Assessment

i)                     The evaluation cycle begins with the Educator completing the self-assessment by October 1st, or within four weeks of the start of their employment at the school. 

ii)                   The self-assessment includes:

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

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

(c)                 Proposed goals to pursue:

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

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

B)                  Proposing the goals

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

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 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.

9)                   Evaluation Cycle: Goal Setting and Development of the Educator Plan (See Appendix B)

A)                  Every Educator has an Educator Plan that includes, but is not limited to, one goal related to the improvement of practice; one goal for the improvement of student learning.  The Plan also outlines actions the Educator must take to attain the goals established in the Plan and benchmarks to assess progress.  Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators who have the similar roles and/or responsibilities.  See Sections 16-20 for more on Educator Plans.

B)                  To determine the goals to be included in the Educator Plan, the Evaluator reviews the goals the Educator has proposed in the Self-Assessment, using evidence of Educator performance and impact on student learning, growth and achievement based on the Educator’s self-assessment and other sources that Evaluator shares with the Educator.   The process for determining the Educator’s impact on student learning, growth and achievement will be determined after ESE issues guidance on this matter. See #23, below.

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

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

ii)                   For those Educators new to the school, the meeting with the Evaluator to establish the Educator Plan must occur by October 15th or within six (6) weeks of the start of their assignment in that school

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

D)                The Evaluator completes the Educator Plan by November 1st. The Educator shall sign the Educator Plan within five (5) school days of its receipt and may include a written response. The Educator’s signature indicates receipt of the Educator Plan and does not indicate agreement or disagreement with its contents. The Evaluator retains final authority over the content of the Educator’s Plan.  If the Educator Plan is not signed by the Educator within five (5) school days, the Plan will automatically be placed in the Educator’s personnel file. 

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

A)            Minimum number of observations

i)                     The Educator shall have at least two (2) announced observation during the school year using the protocol described in section 12B, below.

ii)                   The Educator shall have at least two (2) unannounced observations during the school year.

 

B)            Timing of observations

i)              The first announced and unannounced observation should be completed by January 15th

ii)             The minimum required observations in Section 10A should be completed by June 1st.  The Evaluator may conduct additional observations after this date.




11)               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 (1) unannounced observation during the evaluation cycle.  In addition, there will be one (1) announced observation during the evaluation cycle. 

B)                  The Educator whose overall rating is needs improvement must be observed according to the Directed Growth Plan during the period of Plan.

C)                  The Educator whose overall rating is unsatisfactory must be observed according to the Improvement Plan.

D)                  For Evaluators on a 1 year Self Directed Growth Plan, Directed Growth Plan, or Improvement Plan, the first required observation should take place by January 15.  All required observations for such plans should take place by June 1st.  The Evaluator may conduct additional observations after this date.

E)                  For Educators on a two year Self Directed evaluation cycle, the first required observation should take place by June 1st of the first year of the evaluation cycle.  All required observations should be conducted by June 1st of the second year of the evaluation cycle.  The Evaluator may conduct additional observations after this date.  

12)               Observations

The Evaluator is not required nor expected to review all the indicators in a rubric during an observation.

A)            Unannounced Observations

i)                     Unannounced observations may be in the form of partial or full-period classroom visitations of any duration, but not less than five (5) minutes.

ii)                   Within 24 hours of an unannounced observation the Evaluator shall provide dated written notification to the Educator that he/she has conducted an unannounced observation.  The Educator will be provided with at least brief written feedback from the Evaluator within five (5) school days of the observation.  The written feedback shall be delivered to the Educator in person, or placed in the Educator’s mailbox.

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

B)                  Announced Observations

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

(b)                 The Announced observation shall be at least thirty (30) minutes in duration.

(c)                 Within five (5) school days of the scheduled observation the Evaluator and Educator shall meet for a pre-observation conference, unless the Educator informs 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.

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

(2nd)          If either party is unable to attend the scheduled observation, the party unable to attend will notify the other party as soon as possible.  The observation will be rescheduled as soon as reasonably practical.

(d)           Within five (5) school days of the observation, the Evaluator and Educator shall meet for a post-observation conference.  This timeframe may be extended due to unavailability on the part of either the Evaluator or the Educator, but shall be rescheduled within 24 hours if possible.

(e)           The Evaluator shall provide the Educator with signed and dated written feedback within five (5) school days of the post-observation conference.  The written feedback will be delivered face-to-face, or to the Educator’s school mailbox.  For any standard where the Educator’s practice was found to be unsatisfactory or needs improvement, the feedback must: (1st)        Describe the basis for the Evaluator’s judgment.

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

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

(4th)       State that the Educator is responsible for addressing the need for improvement.  (f)            Any observation or series of observations resulting in one or more standards judged to be unsatisfactory or needs improvement for the first time must be followed by at least one announced observation of at least thirty (30) minutes in duration within thirty (30) school days.

13)               Evaluation Cycle:  Formative Assessment (See Appendices C & E)  

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

B)                  Formative Assessment may be ongoing throughout the evaluation cycle but typically takes places mid-cycle, when a Formative Assessment report is completed by the Evaluator.  The Formative Assessment report should occur by February 1st.  For an Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative Assessment report is replaced by the Formative Evaluation report at the end of year one.  See section 13, below.

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

D)                  No less than ten (10) school days 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.

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, to be completed on or before February 15.

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 or to the Educator’s school mailbox.

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

H)                 The Educator shall sign the Formative Assessment report within five (5) school days of receiving the report. The signature indicates receipt of the Formative Assessment.  The signature does not indicate agreement or disagreement with its contents.  If the Formative Assessment is not signed by the Educator the Formative Assessment will automatically be place in the Educator’s personnel file. 

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. 

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

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

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

C)                  No less than ten (10) school days 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 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 five (5) school days of receiving the report.

G)                  The Educator shall sign the Formative Evaluation report by within five (5) school days of receiving the report. The signature indicates receipt of the Formative Evaluation Report.  The signature does not indicate agreement or disagreement with its contents.  If the Formative Evaluation report is not signed by the Educator the Formative Evaluation report will automatically be place in the Educator’s personnel file. 

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

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

15)               Evaluation Cycle:  Summative Evaluation (See Appendices D & E)

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

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

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

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

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

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

G)                  No less than twenty (20) school days 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. 

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 or to the Educator’s school mailbox no later than June 1st.

J)                    The Evaluator shall meet with the Educator rated needs improvement or unsatisfactory to discuss the summative evaluation. The meeting shall occur within ten (10) school days after receipt of the signed copy of the Summative Evaluation..

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 with five (5) school days.  The Educator’s signature indicates receipt of the  Summative Evaluation. The signature does not indicate agreement or disagreement with its contents.  If the Summative Evaluation is not signed by the Educator, the Summative Evaluation will automatically be placed in the Educator’s personnel file. 

N)                  The Educator shall have the right to respond in writing to the summative evaluation which shall become part of the final Summative Evaluation report.  The Educator’s response must be submitted within ten (10) school days of receipt of the report.

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

16)               Educator Plans – General

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

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

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

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

iii)                  An outline of actions the Educator must take to attain the goals and benchmarks to assess progress. Actions must include specified professional development and learning activities that the Educator will participate in as a means of obtaining the goals, as well as other support that may be suggested by the Evaluator or provided by the school or district.  Examples may include but are not limited to coursework, self-study, action research, curriculum development, study groups with peers, and implementing new programs.

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

17)               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 (grade level, subject, etc.).

B)                  The Educator shall be evaluated at least annually.

18)               Educator Plans:  Self-Directed Growth Plan

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

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

19)               Educator Plans:  Directed Growth Plan

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

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

C)                  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 1st. .

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

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

F)                   A Directed Growth plan shall be for one school year or less, but not less than sixty (60) school days.

20)               Educator Plans:  Improvement Plan

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

B)                  The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of a time period sufficient to achieve the goals outlined in the improvement plan, but no fewer than thirty (30) school days and no more than one school year.  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.

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

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

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

F)                   The Improvement Plan process shall include:

i)                     Within ten (10) 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.  Following the improvement plan discussion, the Evaluator will develop the Improvement Plan, which will include the provision of specific assistance to the Educator. 

ii)                   The Educator may request that a representative of the Lenox Education Association attend the meeting(s).

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

G)                  The Improvement Plan shall:

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

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

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

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

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

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

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

 

H)                 A copy of the signed Plan shall be provided to the Educator. The Educator’s signature indicates receipt of the Improvement Plan. The signature does not indicate agreement or disagreement with its contents.  If the Improvement Plan is not signed by the Educator within five (5) school days the Plan will automatically be placed in the Educator’s personnel file. 

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

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

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

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

(c)                 In those cases where the Educator was placed on an Improvement Plan as a result of 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.

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

 


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

Activity:

Completed By:

Page:

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

Annually

C8

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

Educator submits self-assessment and proposed goals

 

October 1

C9

Appendix A

Appendix B

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

 

October 15

C10

Appendix B

Evaluator completes Educator Plans

November 1

C10

Appendix B

Evaluator should complete first announced and unannounced observation for Non-PTS Educator

January 15

C11

Educator submits evidence and artifacts regarding progress on goals (and other standards if desired). 

10 school days prior to the Formative Assessment Report Date

 

C13

Appendix E

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

February 1

C13

Appendix C

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

February 15

C13

Educator submits evidence and artifacts regarding progress on goals (other standards if desired). 

 

20 school days prior to the Summative Evaluation Report Date

 

C15

Appendix E

 

Evaluator completes Summative Evaluation Report

June 1

C16

Appendix D

All required evaluations shall be completed in a one year plan

June 1

C11

All determinations of plans for Educators on Improvement Plan

June 1

C19

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

 

June 1

C17

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

June 10*

C16

Educator signs Summative Evaluation Report

Within five (5) school days of receipt of the Report

C15

Educator responds in writing to the Summative Evaluation

Within ten (10) school days of receipt of the Report

 

C16

 

A)            Educators with PTS on Two Year Plans

Activity:

Completed By:

 

Evaluator completes first unannounced or unannounced observation

June 1st of the first year of the 2 year evaluation cycle

C11

Evaluator completes Formative Evaluation Report

June 1 of Year 1

C17

Appendix C

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

C17

Evaluator completes Summative Evaluation Report

June 1 of Year 2

C17

Appendix D

Evaluator conducts Summative Evaluation Meeting, if any

June 10 of Year 2

C17

Evaluator and Educator sign Summative Evaluation Report

June 15 of Year 2

C17

 

B)            Educators on Plans of Less than One Year

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

22.          Career Advancement

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

B)            In order to qualify to apply for a teacher leader position, the Educator should 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, additional compensation, public commendation or other acknowledgement as determined by the district through collective bargaining where applicable.

23.          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. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter.




24.          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.

25.          Using Staff feedback in Administrator 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. 

26.          Transition from Existing Evaluation System

A)            The parties may agree that 50% or more of Educators in the district will be evaluated under the new procedures at the outset of this Agreement, and 50% or fewer will be evaluated under the former evaluation procedures for the first year of implementation of the new procedures in this Agreement.  The parties agree that 100% of the Educators in the district will be evaluated under the new procedures in this agreement.

B)            Educators in Group A shall be placed on Developing Educator Plans.

C)            Educators in Group B shall be placed on Self-Directed Growth Plans during the Educator’s first year being evaluated under the new procedures.   Educators who have received ratings of Improvement Needed (Group C) or In Need of Assistance (Group D)in the prior year will be placed on Directed Growth or Improvement Plans at the sole discretion of the Superintendent.

D)            During the first evaluation cycle under this Agreement in every school or department,  Educators in Group B will be placed on either a 1-year Self-directed Growth Plan or a 2-year Self-Directed Growth Plan.            E)            The existing evaluation system will remain in effect until the provisions set forth in this Article are implemented. The relevant timeframe for adopting and implementing new systems is set forth in 603 CMR 35.11(1).

27.          General Provisions

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

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

                i.          The review shall include, but not be limited to, the parties amending by mutual consent, collectively bargained issues, and adding any other aspect needed to implement and utilize the Evaluation Procedure.

                F)            Violations of this article are subject to the grievance and arbitration procedures. 

                G)            All contents of the evaluations shall be kept confidential except from appropriate administrators and the specific employee.  The employee may allow access to others with written permission. 

 

 


EXHIBIT F

LENOX PUBLIC SCHOOLS                                                                        GRIEVANCE FORM

 

GRIEVANCE #_______________                                         Date of Event: ______________

                                                                                   

BARGAINING UNIT:  __Teachers_____________               DATE FILED:  ______________

 

NAME OF GRIEVANT(S): ___________________               POSITION: __________________

 

LEVEL I:  This grievance must be filed within fifteen (15) days of the event.

 

SECTIONS OF THE CONTRACT ALLEGEDLY VIOLATED:

The Association contends that the terms and conditions on the Contract have been both generally and specifically violated, in particular:

 

_____________________________________________________________________________________

SUMMARY OF GRIEVANCE:

 

_____________________________________________________________________________________

REMEDY REQUESTED:

 

___________________________________

Grievant's Signature                                            Date

****DISPOSITION****

EMPLOYER                                                                                        EMPLOYEE

____________________________________________________________________________

LEVEL I                                                                      EMPLOYER'S DISPOSITION ACCEPTED:

                                                                                                YES______     NO______

                                                                                                                      

 

_________________________    ____________                  __________________________

Principal                                        Response Date                   Employee Representative        Date Received

 

Mode of Delivery:  _____________________________________

 

*If a grievance is denied, or no response is made by Administration within fifteen (15) days of filing, the grievant may pursue it to a second level of Administration; however, the appeal must be made within ten (10) days of the denial or when the response deadline is met. (Please refer to the most recent LEA-LSC Contract Agreement for a description of the complete grievance procedures.)

 

 

LEVEL 2                                                                    EMPLOYER'S DISPOSITION ACCEPTED:

                                                                                                YES______     NO______

                                                                                    COMMENTS:

 

                                                              

 

                                                                                                             

 

_________________________    ____________                  _________________________

Superintendent                              Response Date                   Employee Representative              Date Received

 

Mode of Delivery:  _____________________________________ 

 

* If a grievance appeal is denied, or no response is made by Administration within ten (10) days of the appeal filing, the grievant may pursue it to a third level of Administration; however, further appeal must be made within ten (10) days of the denial or when the response deadline is met. (Please refer to the most recent LEA-LSC Contract Agreement for a description of the complete grievance procedures.)

 

____________________________________________________________________________

LEVEL 3                                                                    COMMITTEE'S DISPOSITION ACCEPTED:

                                                                                                YES:______    NO:______

                                                                                    COMMENTS  

 

_________________________   ____________                   __________________________ 

School Committee Chair              Response Date                     Employee Representative              Date Received

 

Mode of Delivery:  ______________________________________

 

* If a grievance appeal is again denied, or no response is made by the School Committee within ten (10) days of the appeal filing, the association may request arbitration; however, the request for arbitration must be made within fifteen (15) days of the denial or when the response deadline is met. (Please refer to the most recent LEA-LSC Contract Agreement for a description of the complete grievance procedures.)

 

DEMAND FOR ARBITRATION FILED ON _______________________________________________

 

DATE OF ARBITRATION HEARING:___________________ARBITRATION CASE  #____________

 

ARBITRATOR CHOSEN: _________________________________________________

 

 

EXHIBIT G

EMPLOYEE FAMILY AND MEDICAL LEAVE

 

Lenox Public Schools shall comply with the mandatory provisions of the Family and Medical Leave Act of 1993 and its subsequent amendments.  The Superintendent shall ensure compliance with those regulations either personally or by delegation, or by some combination of personal oversight and delegation.

 

 

LEGAL REFS.:            P.L. 103-3, “Family and Medical Leave Act of 1993.”

                                    P.L. 110-181, “National Defense Authorization Act”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lenox Public Schools

                                                                                                                        File:  GCCC-R

 

 

FAMILY AND MEDICAL LEAVE

 

A.        Leave Without Pay

 

1.            Employees may take leave without pay when they have exhausted their leave benefits and need additional leave to cover personal illness; the illness of a spouse, child, or parent; the birth or adoption of a child; for any “qualifying exigency” arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty, or has been notified of an impending call or order to active duty as a member of the National Guard or Reserves, in support of a contingency operation; or to care for a covered service member with a serious injury or illness if the employee is the service member’s spouse, son, daughter, parent, or next of kin.

 

2.            An employee is not entitled to leave without pay unless:

 

a.     that employee has been employed for at least twelve (12) months by the School  Committee* and

 

b.     that employee has worked at least 1250 hours in the previous 12 month period or has a salaried position of at least .5 F.T.E.s

 

*      While the twelve (12) months of employment need not be consecutive, employment periods prior to a break in service of seven (7) years or more need not be counted unless the break is occasioned by the employee’s fulfillment of his/her National Guard or Reserve military obligation (as protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA)), or a written agreement, including a collective bargaining agreement, exists concerning the employer’s intention to rehire the employee after the break in service.

 

            3.      Extent of leave:

 

                     a.     An eligible employee may take up to twelve weeks (or twenty-six (26) weeks if leave to care for a covered service member with a serious injury or illness is also used) of leave total during a twelve (12) month period, including any paid leave used.  The employee must exhaust all sick leave as per contracts with any collective bargaining units, available paid vacation leave and personal leave before being entitled to take leave without pay.

 

            4.      Definitions:

 

                     a.     "Child" means a son or daughter, whether biological adopted, foster child, a stepchild, legal ward or child to whom the employee stands in loco parentis, if the child is either under the age of eighteen (18) years or is incapable of self-care because of a mental or physical disability.

 

                     b.     "Health care provider” means a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state where the doctor practices, or any person determined by the Secretary of Labor to be capable of providing health care services.

 

                     c.     "Intermittent Leave" means leave taken in whole day periods but less than a whole work week.

 

                     d.     "Parent" means a biological parent of an employee or an    individual who stood in loco parentis to an employee when the employee was a child.

 

                     e.     "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per work week, or hours per workday, of an employee.

 

                     f.     "Serious health condition" means an illness, injury, impairment,    or physical or mental condition which involves either

 

                             (1) inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient care;

 

                                  or

 

                             (2) continuing treatment by a health care provider, which includes:

 

(a)    A period of incapacity lasting more than three (3) consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes:

a.       treatment two (2) or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within seven (7) days and both within thirty (30) days of the first day of incapacity); or

b.      one (1) treatment by a health care provider (i.e., an in-person visit within seven (7) days of the first day of incapacity) with a continuing regimen of treatment (e.g., prescription medication, physical therapy); or

(b)   Any period of incapacity related to pregnancy or for prenatal care.  A visit to the health care provider is not necessary for each absence; or

(c)    Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity.  A visit to a health care provider is not necessary for  absence; or

(d)   A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective.  Only supervision by a health care provider is required, rather than active treatment; or

(e)    Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three (3) days if not treated.

 

                     g.     "Spouse" means a husband or wife, as defined by state law.

 

                     h.     "Twelve Month Period" the preceding twelve-month period from when the leave commences.

 

B.         Types of Leave With and Without Pay

 

            1.      Personal Medical Leave:  The Superintendent may grant a medical leave of absence without pay to an employee who, because of a serious health condition is unable to perform the functions of his or her job.  An employee must exhaust all available sick leave, vacation and personal days, before taking leave without pay.

 

                     a.     Medical Certification:

 

                     (1)   The Superintendent may require a medical certification from the employee's health care provider, stating—

 

i.                    the date on which the health condition began,

 

ii.                  the probable duration of the condition,

 

iii.                the appropriate medical facts within the health care provider's knowledge regarding the condition,

 

iv.                a statement that the employee is unable to perform the functions of his/her job.

 

                             (2)   If the Superintendent has reason to doubt the validity of the medical certification provided by the employee's health care provider, he or she may require, at the School Committee's expense, a second opinion.  The employee must obtain the opinion of a health care provider designated by the Superintendent concerning the information in b., above.

 

The health care provider giving the second opinion may not be a person regularly employed by the School Committee.

 

                             (3)   If the second opinion conflicts with the first, the Superintendent may require, at the School Committee's expense, a third opinion.  The third health care provider's opinion shall be final and binding on the School Committee and the employee.

 

                             (4)   The Superintendent may require an employee on medical leave whether paid or unpaid to provide medical certifications at reasonable intervals. 

 

                     b.     If the necessity for leave is foreseeable based on planned medical treatment, the employee:

 

                             (1)           shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the school, subject to the approval of the employee's health care provider.

 

                             (2)           shall give the employee's supervisor at least thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take personal medical leave, except that if the date of treatment requires the leave to begin in less than thirty (30) days, the employee shall provide such notice as practicable.

 

                     c.     If the necessity for leave is foreseeable less than thirty (30) days in advance, the

                             employee must provide notice as soon as practicable – generally, either the same or

                             next business day.

 

                     d.     If the necessity for leave is not foreseeable, the employee must provide notice to the

                             employer as soon as practicable under the facts and circumstances of the particular

                             case.  Absent unusual circumstances, employees must comply with the employer’s

                             usual and customary notice and procedural requirements for requesting leave.

 

                     e.     The employee may take intermittent leave or take leave on a reduced leave schedule when medically necessary and operationally feasible.

 

                     f.     Before the employee may resume work, the employee must present his or her supervisor with written medical certification from the employee's health care provider that the employee is able to resume work.  If reasonable safety concerns exist, the Superintendent may, under certain circumstances, require such a certification for employees returning from intermittent FMLA leave.

 

            2.      Family Medical Leave Without Pay:  The Superintendent may grant a medical leave of absence without pay to an employee who needs the time off to care for the employee's spouse, child or parent, if the spouse, child or parent has a serious health condition.

 

                     a.     Medical Certification

 

                             (1)   The Superintendent may require a medical certification from the health care provider for the spouse, child, or parent, as the case may be, stating -

 

i.                    the date on which the health condition began,

 

ii.                  the probable duration of the condition,

 

iii.                the appropriate medical facts within the health care provider's knowledge regarding the condition,

 

iv.                that the employee is needed to care for the spouse, child, or parents, as the case may be, and an estimate of the amount of time that such employee is needed to care for the spouse, child, or parent.

 

                             (2)   If the Superintendent has reason to doubt the validity of the medical certification provided by the employee’s health care provider, he or she may require, at the School Committee's expense a second opinion. The employee must obtain the opinion of the School Committee's designated health care provider concerning the information in b., above. The health care provider giving the second opinion may not be a person regularly employed by the School Committee.

                            

                             (3)   If the second opinion conflicts with the first, the Superintendent may require, at the School Committee’s expense, a third opinion.  The third provider’s opinion shall be final and binding on the School Committee and the employee.

 

                             (4)   The Superintendent may require an employee on medical leave to provide medical certification at reasonable intervals.

 

                     b.     If the necessity for leave is foreseeable based on planned medical treatment, the employee—

 

                             (1)   Shall make a reasonable effort to schedule the treatments so as not to disrupt unduly the operations of the school, subject to the approval of the health care provider for the spouse, child, or parent of the employee, as the case may be, and

 

                             (2)   Shall give the employee's supervisor at least thirty (30) days notice, before the date the leave is to begin, of the employee's intention to take family medical leave, except that if the date of the treatment requires the leave to begin in less than thirty (30) days, the employee shall provide such notice as practicable.

 

                     c.     If the necessity for leave is foreseeable less than thirty (30) days in advance, the

                             employee must provide notice as soon as practicable – generally, either the same or

                             next business day.

 

                     d.     If the necessity for leave is not foreseeable, the employee must provide notice to the

                             employer as soon as practicable under the facts and circumstances of the particular

                             case.  Absent unusual circumstances, employees must comply with the employer’s

                             usual and customary notice and procedural requirements for requesting leave.

 

                     e.     the employee may take intermittent leave or take leave on a reduced leave schedule when medically necessary.

 

            3.      Parental Leave:  An employee may take parental leave without pay within one year of the birth of the child in order to care for that child or within one year of the placement of a child with the employee for adoption or foster care. 

 

                     a.     When the need for parental leave is foreseeable based on

                             expected birth or placement, the employee shall give his or her supervisor at least

                             thirty (30) days' notice before the date the leave is to begin.  If the date of the birth or

                             placement requires leave to begin in less than thirty (30) days, the employee shall

                             provide such notice as is practicable. Absent unusual circumstances, employees must

                             comply with the employer’s usual and customary notice and procedural requirements

                             for requesting leave.

 

                     b.      An employee taking parental leave may not take intermittent leave or 

                     work on a reduced leave schedule without the express consent of the Superintendent in writing.

 

4.         Qualifying Exigencies Leave Without Pay:  An employee may take leave without pay for

            qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or

            parent is on active duty or call to active duty status as a member of the National Guard or

Reserves in support of a contingency operation.  Qualifying exigency leave is not available to family members of military members in the Regular Armed Forces.  A qualifying exigency is defined as: (1) Short-notice deployment (i.e., deployment on seven or less days of notice) for a period of seven days from the date of notification; (2) Military events and related activities; (3) Childcare and school activities; (4) Financial and legal arrangements; (5) Counseling; (6) Rest and recuperation; (7) Post-deployment activities; and (8) Additional activities not encompassed in the other categories, but agreed to by the employer and employee.

 

a.       Certification

(1)    Leave for a qualifying exigency must be supported by a copy of the covered military member’s active duty orders and certification providing the appropriate facts related to the particular qualifying exigency for which leave is sought, including contact information if the leave involves meeting with a third party.  A second and third opinion and recertification are not permitted for certification of a qualifying exigency.  The employer may contact the individual or entity named in a certification of leave for a qualifying exigency for purposes of verifying the existence and nature of the meeting.

 

b.      An employee must provide notice of the need for foreseeable leave due to a

qualifying exigency as soon as practicable.  When the need is not foreseeable, the employee must provide notice to the employer as soon as practicable under the facts and circumstances of the particular case.  Generally, it should be practicable to provide notice for unforeseeable leave within the time prescribed by the employer’s usual and customary notice requirements.

 

c.       Leave may be taken intermittently for a qualifying exigency.

 

5.         Care for Service Member Leave Without Pay:  An employee who is a spouse, son,

            daughter, parent, or next of kin of a current member of the Armed Forces, including

            a member of the National Guard or Reserves, with a serious injury or illness may

            take leave without pay for up to a total of twenty-six (26) workweeks during a single

            twelve (12) month period to care for the service member.

 

A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.  A serious injury or illness is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating.  The “single 12-month period” for leave to care for a covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12 month period established by the employer for other types of FMLA leave.  An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the “single 12-month period.” (Only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered service member).

 

a.            Medical Certification

 

(1)   Leave to care for a covered service member with a serious injury or illness must be supported by a certification completed by an authorized health care provider or by a copy of an Invitational Travel Order (ITO) or Invitational Travel Authorization (ITA) issued to any member of the covered service member’s family.  Second and third opinions and recertification are not permitted.  The employer may use a health care provider, a human resource professional, a leave administrator, or a management official – but not the employee’s direct supervisor – to authenticate or clarify a medical certification of a serious injury or illness, or an ITO or ITA.

 

b.   Employees seeking to use military caregiver leave must provide thirty (30) days advance notice of the need to take FMLA leave for planned medical treatment for a serious injury or illness of a covered service member.  If leave is foreseeable, but thirty (30) days advance notice is not practicable, the employee must provide notice as soon as practicable – generally, either the same or next business day.  When the need is not foreseeable, the employee must provide notice to the employer as soon as practicable under the facts and circumstances of the particular case.  Generally, it should be practicable to provide notice for unforeseeable leave within the time prescribed by the employer’s usual and customary notice requirements.

 

c.   Leave may be taken intermittently whenever medically necessary to care for a covered service member with a serious injury or illness.  When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operation.

 

 

C.         Special Rules for Licensed Teachers

 

            1.      Rules Applicable to Instructors in Periods Near the Conclusion of the Academic Term:

 

                     The following rules apply to any employee who takes leave without pay under this policy and who is employed principally in an instructional capacity.

 

                     a.      If leave without pay begins more than five weeks before the end of an academic term, the principal may require the employee to continue taking leave until the end of that academic term, if-

 

                              (1)  the leave is of at least three weeks duration, and

 

                              (2) the return to work would occur during the three-week period before the end of the academic term.

 

                     b.      If leave because of the birth of a son or daughter; leave because of the placement of a son or daughter for adoption or foster care; leave taken to care for a spouse, parent, or child with a serious health condition; or leave taken to care for a covered service member without pay begins within five weeks before the end of an academic term, the principal, may require the employee to continue taking leave until the end' of that term, if­-

 

                              (1) the leave is of at least two weeks duration, and

 

                              (2) the return to work would occur during the two-week period    before the end of the academic term.

 

                     c.      If leave because of the birth of a son or daughter; leave because of the placement of a son or daughter for adoption or foster care; leave taken to care for a spouse, parent, or child with a serious health condition; or leave taken to care for a covered service member without pay begins within three weeks before the end of an academic term the principal may require the employees to continue taking leave until the end of that term, if the leave is for more than five working days.

 

                     d.      The extended leave is counted against the teacher's FMLA allotment.  If the teacher's FMLA allotment expires during the extension, the additional time is nevertheless deemed FMLA leave.

 

            2.      Intermittent Leave and Reduced Leave Schedules:

 

                     a.      If the intermittent leave or reduced leave schedule is foreseeable based on planned medical treatment, the Superintendent may require the employee to transfer temporarily to an available alternate position—

 

                              (1)  which is offered by the Superintendent,

 

                              (2)  for which the employee is qualified,

 

                              (3) which has equivalent pay and benefits, and

 

                              (4)  which better accommodates recurring periods of leave than    the regular employment position of the employee.

 

                     b.      If a teacher does not give the School Committee the required thirty (30) days notice for intermittent leave or a reduced leave schedule which is foreseeable, he or she must delay the taking of leave until the notice provision is met.

 

                     c.      If a teacher takes intermittent leave or a reduced leave schedule which is for more than 20% of the normal working days over the period of the leave, that teacher must instead take the entire period as FMLA leave.

 

            3.      Benefits during Leave:

 

                     a.      While the employee is on leave, the Lenox Public Schools shall maintain coverage of that employee under its group health plan at the level and under the conditions which would have been provided if the employee had continued in employment instead of being on leave.

 

                     b.      If the employee normally had a monthly payment to that plan, the employee must make that monthly payment.  If the employee fails to make such payments, then the employee shall be excluded from the group health plan.

 

            4.      Employment and Benefits upon Return to Work:

 

                     a.      Any employee who takes leave under this Policy for the intended purpose of the leave shall be entitled, on return from leave-

 

                              (1)  to be restored to his or her former job, or

 

                              (2)  to be placed in an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.

 

                     b.      The taking of leave under this policy shall not result in the loss of any employment benefit accrued before the date on which the leave began, nor be counted against the employee under a “no fault” attendance policy.  If a bonus or other payment, however, is based on the achievement of a specified goal such as hours worked,  or perfect attendance, and the employee has not met the goal due to FMLA leave, payment may be denied unless it is paid to an employee on equivalent leave status for a reason that does not qualify as FMLA leave.

 

                     c.      No employee shall accrue seniority or employment benefits during any period of leave, nor shall the employee be entitled to any right, benefit, or position of employment other than those to which the employee would have been entitled if the employee had not taken the leave.  This policy does not change the legal status of probationary teachers or the Superintendent's authority under M.G.L. Chapter 71, sec. 41 and 42.

 

            5.      Failure to Return from Leave:  The Lenox Public Schools may recover the premium which it paid for maintaining coverage of the employee under its group health plan during the employee's unpaid leave under this policy if-

 

                     a.      the employee fails to return from unpaid leave under this policy after the period of leave to which the employee is entitled has expired; and

 

                     b.      the employee fails to return to work for a reason other than-

 

                              (1)  the continuance, recurrence, or onset of a serious health condition which would entitle the employee to personal or family medical leave without pay, or

 

                              (2)  other circumstances beyond the control of the employee.                                                                  

            6.      Prohibited Acts:

 

                     a.      No employee of the Lenox Public Schools shall interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this policy.

 

                     b.      No employee of the Lenox Public Schools shall discriminate against any individual for opposing any practice contrary to this policy.

 

                     c.      No employee of the Lenox Public Schools shall discriminate against any individual for:

 

                              (1)  filing any charge, instituting or causing to be instituted any     proceeding, under or related to this policy,

 

                              (2) giving, or being about to give, any information in connection with any inquiry or proceeding relating to any right provided under this policy, or

 

                              (3)  testifying, or being about to testify, in any inquiry or proceeding relating to any right provided under this policy.

 

 

 

 

 

 

LEGAL REFS.:            P.L. 103-3 "Family and Medical Leave Act of 1993"

29 U.S.C. S 2601 et seq.

Department of Labor Regulations, 29 C.P.R. Part 825

Va Code S 22.1-303.

P.L. 110-181, “National Defense Authorization Act”

 

 

 

Adopted

 

 

Lenox Public Schools                                                                                      8 of 8

 

 

 

EXHIBIT H

MASSACHUSETTS MATERNITY/PATERNITY LEAVE

 

I.          Administrative Policy

 

It is the Administrative Policy of the Lenox School Committee to implement and administer the provisions of the Massachusetts Maternity Leave Act.  This law is intended to balance the demands of the workplace with the needs of the family, promote stability and economic security of families, promote national interests in preserving family integrity and entitle employees to take reasonable leaves for qualifying reasons.

 

II.                                                                  Definitions

 

Eligible Employees:  An employee who has worked in a full-time position for 3 consecutive months is covered by the MMLA.

 

Qualifying events:  The leave is for the time period immediately after childbirth or adoption. 

 

Length of Leave:  The leave entitlement under the MMLA is 8 weeks for each child birth or adoption.  If twins are born or there are 2 adoptions then the entitlement is up to 8 weeks for each child.  Therefore, in the above circumstances, the employee would be entitled to up to 16 consecutive weeks of leave.

 

Leave for FMLA and MMLA will run and be determined concurrently.  Leave under this policy runs concurrently with workers’ compensation leave when the work-related injury qualifies as a serious health condition and maternity leave under M.G.L c. 149, § 105D.

 

C.                 III.       Procedure

 

Notice Requirement:  An employee is required to give at least two weeks notice of his or her anticipated date of departure and intention to return.

 

IV.                                                           Effect of Benefits

 

A.  An employee granted a maternity or paternity leave under this policy will continue to be covered under the School’s group health insurance plans and life insurance plans under the same conditions as coverage would have been provided if he/she had been continuously employed during the leave period.

 

B.  Employee contributions will be required either through payroll deduction or by

     direct payment to the Business Office.  The employee will be advised in writing

     at the beginning of the leave as to the amount and method of payment.  Employee

     contribution amounts are subject to change in rates that occur while the employee

     is on leave.

 

 

 

C.  If an employee’s contribution is more than 30 days late, the Business Office may

terminate the employee’s insurance coverage.  A written notification of intent to terminate coverage will be sent to the employee by certified mail at least five business days prior to said termination date.

 

D.  If the employee fails to return from maternity or paternity leave, the School may seek reimbursement from the employee for the portion of the premiums it paid on behalf of that employee (also known as the employer contribution) during the employee’s leave.

 

E.  An employee is not entitled to seniority or benefit accrual during periods of

     unpaid leave, but will not lose any seniority or accrued benefits earned prior to

     the leave.

 

F.  Under an MMLA leave the employee will be placed in an unpaid leave status for the duration of the leave.  The only exception is where a female employee, as a result of child birth, is physically incapacitated for a specific period of time, as determined by her attending physician in which case the female employee may use her own accrued and unused sick time during that period of time.

D.                 V.        Job Protection

 

A.  If the employee returns to work within the 8 weeks of the maternity leave, he/she will be 

      reinstated to his/her former position or an equivalent position with equivalent pay, benefits,

      status and authority.

 

B.  The employee’s restoration rights are the same as they would have been had the employee not been on leave.  Thus, the employee will be subject to any pay or benefit reductions or other adverse actions, including layoff, that she would have experienced if he or she had not taken leave under this policy. 

 

C.  If the employee fails to return after 8 weeks of a maternity leave, the employee may be terminated, unless reinstated to his or her same or similar position, in accordance with applicable laws, other leave-related policies, and/or appropriate bargaining unit contract language.

 

 

LEGAL REFS:  M.G.L. c. 149, § 105D

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT I

SMALL NECESSITIES LEAVE ACT

 

It is the policy of the Lenox Public Schools to follow the Massachusetts Small Necessities Leave Act, and to provide a process and procedure by which employees may access this right and provide for an accounting of time used by employees for this purpose. 

 

The forms associated with the Massachusetts Small Necessities Leave Act are contained in this Policy. 

 

LEGAL REF:  M.G.L., c. 149, s. 52D

 

 

 

Small Necessities Leave Act Policy

 

The Lenox School Committee will assure compliance with the Small Necessities Leave Act (SNLA) as indicated in this policy.  Compliance with other state or local laws or regulations may be concurrent with this policy, where indicated, or will be outlined in separate policies.

 

A.  ELIGIBILITY

 

Employees are eligible for small necessities leave (SNLA leave) under this policy if they have been employed for at least twelve (12) months and have worked at least twelve hundred and fifty (1,250) hours during the twelve (12)-month period immediately preceding the commencement of SNLA leave.

 

B.  COVERAGE - WHEN LEAVE CAN BE TAKEN

 

Eligible employees are entitled to SNLA leave for one or more of the following reasons:

 

·      To participate in school activities directly related to educational advancement of a son or daughter of the employee, such as parent-teacher conferences or interviewing for a new school (school is a public or private elementary or secondary school, a Head Start program and/or a children’s day care facility);

 

·      To accompany the son or daughter of the employee to routine medical or dental appointments, such as check-ups or vaccinations; or

 

·      To accompany an elderly relative of the employee to routine medical or dental appointments and for “other professional services related to the elder’s care,” such as interviewing at nursing or group homes.  (An elderly relative is defined as one who is sixty (60) years of age or older and related by blood or marriage.)

 

C.  DURATION AND TIMING OF LEAVE

 

Eligible staff members may take a total of twenty-four (24) hours of SNLA leave per calendar year.

 

D.  NOTICE TO EMPLOYER AND SCHEDULING OF LEAVE

 

Eligible staff members must provide not less than seven (7) days notice before the date the SNLA leave is to begin where the need for the leave is foreseeable.  However, if circumstances require leave to begin in less than seven (7) days, the staff member must provide such notice as soon as is practicable. 

 

 

E.  COMPENSATION DURING LEAVE

 

Employees who have accrued paid leave under the school committee’s policies must utilize such leave when taking SNLA leave.  The paid leave will count against the twenty-four (24) hours of allowable SNLA leave.  When all accrued time has been paid, the staff member is then considered on unpaid leave for the remainder of the SNLA leave.  Only Personal or Vacation time is eligible to be used for SNLA leave.  Sick time may not be used for SNLA leave.

 

Employees must explain the reasons for their leave requests, so as to allow the School to determine if such leave qualifies as SNLA leave.  Use of paid or unpaid leave for circumstances that qualify as SNLA leave will count against both the twenty-four (24) hour SNLA entitlement and the employee's leave entitlement under the School’s other policies, or applicable law.  However, use of paid or unpaid leave for circumstances that do not qualify as SNLA leave will not count against the twenty-four (24) hour SNLA leave entitlement.

 

F.  EMPLOYEE PROTECTION

 

The School will not interfere with an employee’s right under the SNLA or applicable state or local law.  No person shall be discriminated against for exercising, attempting to exercise, or supporting another in the exercise of rights under the SNLA.

 

G.  ADMINISTRATION

 

SNLA leave requests should be directed to the Principal of the school building where the employee works.  Requests will be reviewed by the Principal, or designee, to determine eligibility, length of the leave, paid or unpaid status, and benefit status.  It is the responsibility of the employee to obtain all necessary documentation needed to determine leave status.  The employee will meet with the Principal or designee, to discuss the leave request, whether it is granted, its terms, and the responsibilities of the employee. 

 

Further questions may be directed to the Superintendent of Schools.

 

 

 

REQUEST FOR TIME UNDER THE

SMALL NECESSITIES LEAVE ACT

 

(To be completed and submitted to your Principal with a copy to the Superintendent of Schools.)

 

I am requesting the following time off for reasons covered under the Small Necessities Leave Act.  If this need was foreseeable, I have provided at least seven (7) days notice, if it was not foreseeable, I have provided as much notice as possible.  I understand that if eligible, this time will be counted towards the twenty-four (24) hour time bank allowed per calendar year under the Small Necessities Leave Act and the following Lenox Public Schools’ Policy.

 

Requested time off:  (date and time)                                                                           

 

This time is for one of the reasons specified below:

 

 

 

 

I understand that if eligible, I will be using any paid time which I have available to cover this Small Necessities Leave Act time.  If I do not have any paid time left, I understand that the time taken will be unpaid.

 

Employee Signature:                                                                           

 

Date:                                                   

 

 

 

 

 

 

 

 

 

 

 

Approval and Designation of SNLA Time

 

Date:                                                   

 

Request received from:                                                                                                           

 

Department:                                                       Date of hire:                                                 

 

No. of hours worked in previous twelve (12) months:                                                

 

Time requested:  (date and time):                                                                                            

 

SNLA time taken this calendar year:                                                                                       

 

As of this date:  SNLA time remaining:                                                                                  

 

                          Paid time remaining:                                                                                     

 

Approved:

 

              As requested

 

              With the following modifications:                                                                            

 

Not Approved:

 

              Employee is ineligible due to length of employment, i.e. less than one year.

 

              Employee has worked less than 1250 hours in the previous 12 months.

 

              The reason for the requested time off does not fall under the guidelines of the

  Act.

 

              SNLA entitlement has been exhausted for the current period.

 

              Other:                                                                                                           

 

Principal:                                                                                   Date:                                     

 

Copies distributed:  Employee                         __________  Principal: _________________

 

Superintendent:                                                              Payroll:                                             

 

 

 

 

Name:                                                                                                                                     

 

Anticipated dates of leave of absence:                                                                       

 

Types of leave:                                                                                                                       

 

Date of hire:                                                                                                                           

 

Benefit time as of:                                                                                                                  

 

                                      Personal time

 

                                      Vacation time

 

                                      Total

 

As of                                        worked                                    hours in the previous fifty-two (52) weeks.

 

Eligible for SNLA?                               Yes                              No

 

Previous SNLA and dates:                                                                                                      

 

Comments:                                                                                                                             

 

                                                                                                                                               

 

Approved by:                                                                            Date:                                     

 

 

 

 


ATTACHMENT 1

 

Side Letter

 

This side letter is entered into on this ___ day of ______ by and between the Lenox School Committee and the Lenox Education Association as an addendum to the 2013-2016 collective bargaining agreement.  To wit, the parties shall allow the one (1) individual teacher who is currently in the Teachers’ Salary Schedule on the BA+55 to move to the MA+30 column of the 2013-2016 (or any successor agreement).  In order to make this column movement, said teacher must have accumulated fifteen (15) graduate credits beyond the BA+55.  Once the teacher has moved to the MA +30 column the teacher will not be permitted to move beyond that column without obtaining a Master’s Degree.  These credits must be obtained and approved in accordance with Article XXII.

 

No other teacher shall be allowed to move horizontally on the salary schedule beyond the MA column without having obtained a Master’s degree.

 

For The Lenox                                                For The Lenox

School Committee                                                      Education Association

 

_____________________________              ______________________________

Chair                                                                           President

 

Dated:  _______________________             Dated:  ________________________

 

 

 

 

 

 


ATTACHMENT 2

 

Red Circle Steps and Hold Harmless

 

  1.  The parties agree that the following chart reflects the amount of money individual teachers at each of the Steps indicated shall receive in the 2013-2014 school year only.  This money is to compensate said individuals for the difference between the anticipated 3.75% step and the newly negotiated 3.4% step.  This money is not added to the base salary or to be reflected in the salary schedules now or in the future.

 

FY 14

 

STEP

BA

BA30

MA

MA15

MA30

MA45

MA60

7

 

 

$45x2

 

 

$50x2

 

8

$202x1.49

 

$217x1

$224x1.5

 

 

$249x1

9

$373x1

 

$400x3

 

$428x1.5

$443x1

 

10

 

 

$596x1

 

 

 

 

TOTAL

$674

 

$2,103

$336

$642

$543

$249

 

Total for FY 14 = $4,547

 

  1.  Additionally, any individual teacher who will make less in the 2013-2014 school year, based on his/her salary step placement on the 2013-2014 Salary Schedule, when compared to his/her compensation in the 2012-2013 school year, based on his/her salary plus longevity payment, shall be held harmless and receive additional compensation in an amount that will bring the teachers’ 2013-2014 compensation equal to the 2012-2013 compensation level as described above.  This money is not added to the base salary or to be reflected in the salary schedules now or in the future.

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT 3

 

Stipend Sub-Committee

 

 

The Parties agree to form a sub-committee comprised of representatives of the Association and representatives of the Committee to study the existing stipend compensation model found in Exhibits B and C and Article IV, s. J (4) and M(5) of the Collective Bargaining Agreement.   Appropriate District Administrators and other personnel may be brought in as a resource to this joint committee.  The recommendation of this committee will be finalized by March 31, 2014, at which time it will be considered by the Parties negotiation teams as a re-opener to negotiations for only the sections of the Agreement specified herein.  The joint committee’s consideration will include any and all relevant data, including but not limited to job duties and responsibilities and comparable wages.