Lincoln

Show detailed information about district and contract

DistrictLincoln
Shared Contract District
Org Code1570000
Type of DistrictElementary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2014
Expired Status
Superintendency Union
Regional HS MembersLincoln-Sudbury
Vocational HS MembersMinuteman RVTSD
CountyMiddlesex
ESE RegionGreater Boston
Urban
Kind of Communityresidential suburbs
Number of Schools3
Enrollment1050
Percent Low Income Students11
Grade StartPK or K
Grade End8
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Lincoln Public Schools

Lincoln, Massachusetts

AGREEMENT

BETWEEN THE

LINCOLN SCHOOL COMMITTEE

AND THE

LINCOLN TEACHERS ASSOCIATION

EFFECTIVE SEPTEMBER 1, 2011

EXPIRING AUGUST 31, 2014

 

PREAMBLE

AGREEMENT made and entered into as of this, 14th day of April, 2011 by and between the Lincoln School Committee of the Town of Lincoln, Massachusetts (hereinafter referred to as the "Committee") and the Lincoln Teachers Association (hereinafter referred to as the "Association") pursuant and subject to the General Laws of the Commonwealth of Massachusetts.

Both the Committee and the Association recognize that the children of the Lincoln School System are our primary interest and we both commit our services to the best educational interest of these children.

This Agreement is a complete agreement between the parties. The parties agree that the relations between them shall be governed by the terms of this Agreement. No prior agreements or understandings, oral or written, shall be controlling or in any way affect the relations between the parties. No changes herein shall be made or effected unless agreed upon in writing.

Article 1

DEFINITIONS

1.1        "Administrators" - Unless otherwise provided, the term "Administrators" shall mean the Superintendent, Assistant Superintendent, Administrator for Business and Finance, Administrator for Student Services, Principal, Coordinator for Student Services, Preschool Coordinator, and METCO Director.

1.2        "Association" - The term "Association," as used herein, shall mean the Lincoln Teachers Association.

1.3        "Children" - The term "children," as used herein, shall mean the students in the Lincoln School System on both the Lincoln and Hanscom Campus grades PreK through 8.

1.4        "Committee" - Except as otherwise provided, the term "Committee," as used herein, shall mean the Lincoln School Committee.

1.5        "Day" - Unless otherwise indicated, all time limits indicated by reference to "day" shall mean a day in which children are in attendance at school for all or part of such day.

1.6        "Gender" - Whenever the context of any provision of this Agreement permits or requires it, any word in the masculine gender shall be construed to include the feminine gender and vice versa where appropriate.

1.7        "Lincoln Public Schools" - Unless otherwise provided, the term "Lincoln Public Schools" shall mean all schools administered by the Lincoln School Committee.

1.8        "Lincoln School System" - Unless otherwise provided, the term "Lincoln School System" shall mean all schools administered by the Lincoln School Committee. This term can be used interchangeably with the term "Lincoln Public Schools.

1.9        "Teacher" - The term "teacher" as used herein, shall mean all members of the bargaining unit including classroom teachers, school adjustment counselors/social workers, speech and language therapists, physical therapists, occupational therapists, school psychologist, METCO Advisors, school nurses, and librarians.

1.10    "Time Limits" - All time limits in this Agreement shall be considered maxima unless extended by written agreement of the parties or unless otherwise indicated.

Article 2

RECOGNITION

2.1        For purposes of collective bargaining with respect to wages, hours, and other conditions of employment and the negotiation of collective bargaining agreements, the Committee hereby recognizes the Association as the exclusive collective bargaining representative of all regularly appointed members of the teaching staff of the Lincoln School System but excluding the Superintendent, Assistant Superintendent, Administrator for Business and Finance, Administrator for Student Services, Principal, METCO Director, Coordinator for Student Services, Preschool Coordinator, Director of Food Services, Network Manager, Assistant Network Manager, Facilities Coordinator, Technology Support (Help Desk), Instructional Assistants, Special Education Assistants, Special Education Tutors, Administrative Assistants, Custodians, and Substitute Teachers.

2.2        The Lincoln School System is comprised of the faculty of the Lincoln Preschool, Lincoln School, Hanscom Primary School and Hanscom Middle School.

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

Article 3

COMMITTEE RIGHTS

3.1        The Committee is a public body established under, and with powers provided by, the General Laws of the Commonwealth of Massachusetts and nothing in this Agreement shall derogate from the powers and responsibilities of the Committee under the General Laws of the Commonwealth or rules and/or regulations of the Commonwealth of Massachusetts. The Committee retains those rights, powers and duties it now has, may be granted or have conferred upon it by the General Laws of the Commonwealth. The exercise of the Committee's aforesaid rights shall be final and binding and not subject to the grievance and arbitration provisions of this Agreement.

3.2        The Association agrees that the Committee has complete authority over the policies and administration of all school departments, which it exercises under the provisions of law and in fulfilling its responsibilities under this Agreement. Any matter involving the management of school operations vested by law in the Committee is in the province of the Committee.

Article 4

HOURS AND WORKLOAD

4.1        Teachers workload shall include all duties related to their individual assignment and all related school and district activities which must be carried out to ensure a high-quality educational experience for all children and are characteristic of high-quality educational institutions. A duty does not consist of supervising students before or after the school day.

4.2        The school day for students will be 6 hours and 50 minutes on Mondays, Tuesdays, Thursdays and Fridays (unless scheduled as an early release day and reflected on the annual school calendar) and 4 hours and 35 minutes on Wednesdays and early release days.

4.3        The starting time of the school day shall be established by the Lincoln School Committee and teachers shall be ready to receive students in their classrooms at the start of the school day.

4.4        A teacher's basic workload shall include classroom teaching and all related activity that must be carried out to ensure a high-quality educational experience for the children. This includes planning, preparation, instruction, assessment, communication with parents/guardians and colleagues and engagement in professional activities that help to support and expand a teachers knowledge and skill base. The Committee shall work to protect teachers from interruptions that take away from the preparation needed for providing high-quality educational experiences for all children.

4.4a A standing committee will be formed including three LTA members, at least one administrator, and one technology specialist to discuss policies and practices and make recommendations regarding professional responsibilities concerning technology.

4.4b Job descriptions for all funded non-classroom teacher positions, stipended or contractual, will be kept up to date and posted on the internal website. The LTA will be notified of any changes to these job descriptions prior to their publication.

4.5        All teachers are given a minimum of thirty (30) minutes of duty-free lunch per day. On Wednesdays all teachers will be given a forty-five (45) minute lunch period. In the event that a scheduling conflict and/or need for supervising students arise, it is the responsibility of the Principal to ensure that all teachers have a duty-free lunch.

4.6        A personal planning period is defined as a block of time set aside within the instructional schedule to allow teachers to plan for instruction, prepare instructional materials, assess student work, write reports and/or perform other assignment-related professional responsibilities. All teachers, PreK8 shall be guaranteed a minimum of one hundred eighty (180) minutes each week for the purposes of planning/preparation. A planning period must be at least thirty (30) minutes long. In addition, all teachers shall receive one hundred eighty (180) minutes of planning time on two Wednesday afternoons per month.

The Superintendent shall prepare and review with the LTA Co-Presidents, the annual calendar, which shall be published prior to the start of the school year. Teachers and Therapists without predefined class schedules will have the flexibility to include planning periods as described in this article within their schedules.

Teachers working less than full-time shall have their planning time prorated based on their part-time status. Part-time teachers are expected to complete their planning on campus and to volunteer to provide extra help for students in the same manner as full-time teachers based on consultations with Principals regarding schedules, required meetings, and when additional help can occur.

These periods shall be for class preparation or other professional activities as determined by the teachers. Planning time shall not be construed to be travel time between campuses/schools, time required for children to pass from class to class, before/after school periods, or lunch periods.

4.7        The parties recognize that a high performing school district requires sufficient allocation of both personal planning time and time for collaboration with peers to achieve coherence of the educational program. Two planning periods of forty-five (45) minutes each week shall be designated as Common Planning Time (CPT). Common Planning Time shall be defined as a block of time set aside to allow teachers to participate in meetings as a team or grade level. CPTs will not fall on consecutive days within a given week. Administrators and teachers will work collaboratively to make efficient use of CPTs.

4.8        The time and workload implications of any major system-wide initiative or school-based initiatives shall be discussed between the Administration and the Lincoln Teachers Association. Wednesday teacher planning periods will be scheduled with consideration for Report Card and Progress Report dates. In addition, Wednesday afternoons not designated as teacher-planning time will be scheduled for school or district curriculum and professional development meetings. The agenda for these meetings shall be based on consultation among Team Leaders, Curriculum Leaders, Principals and the Superintendent or Assistant Superintendent and may include faculty, cross campus, multi-grade or department meetings. The School Committee and the LTA agree that Wednesday afternoons will be scheduled on a 50/50 ratio between curriculum/professional development time and teacher planning time over the course of the school year. Every effort will be made to ensure that teacher planning occurs twice per month.

4.9     If a teacher required by administration to attend a meeting or cover a class misses an individual planning period, and as a result, has less than one hundred eighty (180) minutes of personal planning time in a week, the Principal is responsible for arranging for an additional planning period or arranging for paid compensation at the rate of a per diem hour. If there is to be paid compensation, the per diem hourly rate will be determined in the following manner: (salary /185 days) / 7.0 hours. (See Exhibit E)

4.10    No teacher shall be required to attend more than two (2) meetings per week outside the instructional day; nor more than four (4) evening meetings during the school year. All afternoon meetings will end by 4:00 p.m. Any meeting that begins after 3:00 p.m. on Wednesdays shall count as one of the outside the instructional day meetings for that week. When teachers find that they do have requirements for more than two such meetings in a given week they will make the Principal aware and seek his/her advice on prioritization.

4.11    Teachers will work with Principals on building based committees to discuss, plan and implement building schedules.

4.12    Teachers who volunteer to provide extra help for students after-school are not responsible for arranging supervision or transportation for those students when the session is over; however, the teachers volunteering for after school sessions are responsible for following the permission verification process as defined in the Parent-Student Handbook.

4.13    Mandatory parent conferences for grades Pre-K to 8 shall be scheduled in the fall and shall consist of one full day in which students do not attend school, one Wednesday afternoon and one evening as designated on the master calendar. Evening conference times will be scheduled as needed between 5:00 p.m. and 8:00 p.m. If a teacher is not scheduled for an evening conference, they do not have to attend. Mandatory parent conferences for elementary grades shall be scheduled in the spring and shall consist of three Wednesday afternoons. Two such afternoons shall be scheduled on days designated as curriculum and professional development Wednesdays and one on a day designated as a Teacher Planning Wednesday.

4.14   Flextime

(a)   Flextime is defined as an extension of the school day, either at the beginning or the end of the school day, by no more than one hour. Flextime schedules shall be established for a specific period of time (quarter, trimester, semester or school year).

(b)   Proposals for flextime may be made by either a teacher or the administration. No teacher is required to work flexible hours.

(c)    Teacher proposals must be approved by the Principal and the Superintendent.

Article 5

RESPONSIBILITY FOR GOAL SETTING AND SUPERVISION OF ASSISTANTS AND TUTORS

5.1     Evaluation of the assistants and tutors will be the responsibility of the Administration. To assist in this process, teachers who work directly with an instructional assistant or tutor will review the expectations outlined in the goal setting and supervision document and will support these colleagues by establishing individual goals at the beginning of the school year.

Teachers will meet mid-year with instructional assistants and tutors to provide feedback related to performance expectations and goals.

Upon request, a teacher will provide informal feedback about this process to the administrator responsible for the evaluation of the assistant or tutor prior to their completion of the evaluation and decision regarding reappointment of the assistant or tutor.

5.2     In the event that an assistant or tutor works directly with more than one teacher the Principal shall determine which teacher will take on this responsibility each year.

Article 6

SCHOOL YEAR

6.1     The regular work year (school year) of teachers (other than new personnel, who may be required to attend additional orientation sessions) will include all days when children are in attendance, orientation days at the beginning of the school year, and conference days, but in no event will the work year exceed the number of days pupils are in attendance by more than five (5) days. The work year may commence earlier than Labor Day with the Lincoln Teachers Association approval.

6.1a During the two professional days at the beginning of the school year, regular education teachers and classroom-based specialists shall be required to be in meetings totaling not more than four (4) hours over the course of the two days. Meetings will include district and faculty meetings. All other non-classroom based teachers will not be required to attend said meetings totaling more than seven (7) hours. Additionally, teams are also require to schedule a CPT, not to exceed one hour, during the first two days.

6.2        The Superintendent or her/his designee will consult with the Association Co-Presidents or Executive Board Members of the Association concerning the school calendar at least four (4) weeks prior to its adoption by the School Committee. This shall include consultation regarding the use and scheduling of the five non-student days, parent/teacher conferences and Wednesday afternoons. The School Committee is responsible for setting the annual school calendar.

6.3        Under normal circumstances, teachers will be notified by Administration in writing of their tentative programs for the coming year, including the school to which they will be assigned and the grades and/or subject that they will teach, by the close of school the prior year. Changes in such programs may be made after the close of the school year only in cases of unforeseen circumstance and the teachers involved in the change will be notified as soon as possible.

Article 7

TEACHERS RIGHTS

7.1        A teacher will have the right, upon written request to the Superintendent, to inspect and copy the contents of her/his personnel folder, files, cards and records in the presence of the Superintendent or her/his designee.

7.2        No new material derogatory to a teacher's conduct, service, character or personality will be placed in her/his personnel file unless the teacher has had an opportunity to review the material and to affix her/his signature and the date of signing to the copy of such material to be filed. The teacher's signature, however, shall not be deemed to indicate agreement with the contents of such material. The teacher will have the right to submit a written response to any material in her/his personnel file. The Superintendent shall review the teacher's response and attach it to the file copy of the material concerned. A copy of a letter of commendation will be sent to the staff member and entered into the personnel file. The teacher will have the opportunity to request within two (2) weeks of that receipt for it not to be placed in her/his file.

7.3        No teacher will be required to transport children to activities, which take place away from such teacher's school campus. Teachers may transport children to outside activities with the consent of the Superintendent.

7.4        Overnight trips are voluntary on the part of any teacher. Any teacher who attends an overnight field-trip will be compensated at the rate of $120 per night. The Superintendent must approve all overnight field trips in advance.

7.5        No teachers photograph can be published in electronic form on the schools website or in paper copies without annual written permission.

Article 8

RESOLUTION OF DIFFERENCES

The Association shall not cause or sponsor, and no teacher represented by it in the Town of Lincoln shall cause or participate in, any strike, work stoppage, slowdown, sanctions or any other interference with work.

Article 9

GRIEVANCES AND ARBITRATION

9.1   GENERAL PROVISIONS

(a)     The purpose of the procedures set forth in this article is to produce prompt and equitable solutions to grievances of the teachers covered by this Agreement. It is the intent of the Committee and Association that such procedures shall always be as informal and confidential as may be appropriate for the grievance at the procedural level involved.

(b)     A grievance is defined as a dispute, claim or controversy involving a teacher or teachers concerning rates of pay, hours or working conditions, or the interpretation or application of the specific terms of this Agreement.

(c)     Nothing herein contained shall be construed to prevent any person from informally discussing any matter in her/his own interest with any member of the Administration or the Committee as long as any resolution is consistent with the terms of the Agreement.

(d)     In the event a grievance is filed after the end of the last day children are in attendance, or not all the procedural steps of a grievance have been completed prior thereto, fifteen (15) days shall be added to the following time limits. Time periods for the purpose of counting days pursuant to the grievance procedure shall start running the day after the grievance is presented at the appropriate level.

(e)     An aggrieved party must institute proceedings hereunder within fifteen (15) days of the event or events giving rise to the grievance or within fifteen (15) days of the date the aggrieved party had knowledge or reasonably should have had knowledge of the event or the events giving rise to the grievance.

(f)      If at any step of the procedure a decision on a grievance is not communicated to the grievant within the specified time limit, the grievant shall be permitted to proceed to the next step.

(g)     Any meetings with respect to the grievance procedure shall be held during non-school hours.

(h) Notwithstanding any contrary provisions in this Agreement, the following shall not be subject to the grievance and arbitration provisions of this Agreement.

(i)  Any incident which occurred or failed to occur prior to the effective date of this Agreement;

(ii) Any issue for which the decision of an arbitrator would not be final and binding;

(iii) The failure or refusal by the Principal or Superintendent to renew the contract of or reappoint a teacher working toward professional status;

 (iv) The dismissal or suspension of a teacher working toward professional status. The parties recognize that a teacher without professional status who has been teaching for more than ninety (90) days in the Lincoln School System has a right at her/his request to a meeting under Massachusetts General Laws Chapter 71, Section 42;

(v) Any suspension or dismissal of a teacher with professional teacher status may be appealed in accordance with the provisions of Massachusetts General Laws, Chapter 71, Sections 42 or 42D.

9.2   ASSOCIATION GRIEVANCES

Step One: A teacher with a grievance shall present it promptly to her/his Principal or, in the event that the teacher is not directly responsible to a Principal, to her/his immediate supervisor with the object, in either case, of resolving the matter informally. The presentation of the grievance shall be in writing on the form attached hereto as Exhibit A. The Principal or supervisor shall then have five (5) days in which to arrive at a decision.

Step Two: Within five (5) days after the decision of the Principal or supervisor or the expiration of the Step One time limit with no decision rendered, the grievant may present her/his grievance to the Superintendent or his designee. The presentation of the grievance shall be in writing on the form attached hereto as Exhibit A. A meeting will be held at the request of either the grievant or the Superintendent provided such request is promptly made. Any meeting shall be held within ten (10) days of the written grievance and the Superintendent's written decision shall be within five (5) days of the meeting. If no meeting is requested, the written decision shall be within ten (10) days of the written grievance. An unresolved grievance(s) regarding discipline of a teacher with professional teacher status which is not subject to appeal pursuant Massachusetts General Laws, Chapter 71, Sections 42 or 42D may proceed from Step Two directly to Step Four and shall not be considered at Step Three.

Step Three: Within five (5) days after the decision of the Superintendent or the expiration of the time limit; therefore, with no decision made, the grievant may present her/his grievance in writing to the Committee. A meeting will be held at the request of either the grievant or the Committee provided such request is promptly made. Any meeting shall be held within twenty (20) days after the submission of the grievance at this Step and the Committee's written decision shall be within five (5) days of the meeting. If no meeting is requested, the written decision shall be within twenty (20) days of the submission of the grievance at this Step.

Step Four: Within ten (10) days of the decision of the Committee at Step Three or the expiration of the time limit; therefore, with no decision made, and if the grievance alleges the violation of a specific term and/or provision of this Agreement and if the grievance has not been satisfactorily resolved at Step Three, the Association may submit the grievance to arbitration. Within ten (10) days of the decision of the Superintendent at Step Two, if the grievance is regarding the discipline of a teacher with professional teacher status which is not subject to appeal pursuant to Massachusetts General Laws, Chapter 71, Sections 42 or 42D, or the expiration of the time limit therefore with no decision made, and if such grievance has not been satisfactorily resolved at Step Two, the Association may submit the grievance to arbitration. Any submission to arbitration must be in writing and be accompanied by the Teachers Grievance Form (contained in Exhibit A) after it has been processed through Step Three and Four (except as otherwise provided for dismissal of a teacher with professional status).

9.3   ARBITRATION OF GRIEVANCES

(a)     In the event that a grievance is referred to arbitration pursuant to Step Four of Section 9.2, the arbitrator shall be selected by agreement between the parties. If the parties are unable to agree upon an arbitrator within fifteen (15) days after the date of submission to arbitration, the American Arbitration Association, in accordance with its rules and regulations, shall make the selection.

(b)     The arbitrator shall issue his decision not later than thirty (30) calendar days from the date of the close of hearings or, if oral hearings have been waived, from the date the final statements and proofs are submitted to him. The arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted.

(c)     Notwithstanding any contrary provisions, no dispute or controversy shall be subject for arbitration unless it involves the interpretation or application of a specific term or provision of this Agreement.

(d)     The arbitrator shall be without power of authority to alter, add to, or detract from the provisions of this Agreement or to make a decision which:

(i)  is violative of, or inconsistent with, any of the terms of this Agreement or applicable law;

(ii) exceeds his jurisdiction or authority under law of this Agreement;

(iii) involves any matter which by law or under the terms of this Agreement, is within the exclusive authority of the Committee; or (iv) involves any matter wherein the Committee's decision is final and binding under the terms of this Agreement or by law.

Subject to the foregoing, the decision of the arbitrator shall be submitted to the Committee and the Association and shall be binding upon the Committee, the Association and the individual grievant(s).

(e)     The arbitrator's fee, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the Committee and the Association.

(f)      Any arbitration hearing shall be held during non-school hours unless the parties agree to conduct a hearing during school hours.

(g)     No documents, communications or records dealing with the processing of a grievance will be filed in the teacher's personnel file. There will be a grievance file for such documents.

Article 10

EVALUATION OF TEACHERS

10.1   Evaluation of teachers will be the responsibility of the Administration and may be conducted at any time. The purposes of evaluations are the continuing improvement of a teacher's performance in rendering service to the school system and the establishment of a method by which personnel decisions will be made. Teachers with professional status will be evaluated at least once every other year. Teachers working toward professional status will be evaluated on an annual basis. Evaluations will be conducted consistent with the current evaluation policy, which is described in a document titled, Handbook for Teacher Evaluation in the Lincoln Public Schools and is part of this contractual agreement.

10.2        At the beginning of the school year, the Superintendent will notify each teacher of their evaluation assignment and their evaluator for the current year. In general, evaluators will be assigned according to the evaluator assignments described in the document titled, Handbook for Teacher Evaluation in the Lincoln Public Schools. The Administration will review the process for evaluation and discuss the criteria listed in the Handbook for Teacher Evaluation with the teaching faculty. At this time, Administration will also notify teachers of their standing in the process.

10.3        Evaluation of teachers will include, but will not be limited to, observations of the teacher's classroom performance. Written evaluative comments, conclusions and performance rating will be developed according to the Professional Standards for Teachers in the Lincoln Public Schools (see Handbook for Teacher Evaluation) and confined to those matters which reflect the teacher's performance in meeting the requirements and responsibilities of their role, and the teacher's performance of her/his other professional and supervisory responsibilities.

10.4        For the purpose of evaluation, Lincoln School System Administrators shall consist of the Superintendent, Assistant Superintendent, Administrator for Student Services, METCO Director, Principal, Preschool Coordinator and Coordinator for Student Services.

10.5        Nothing in this Article shall be deemed to limit the rights of the Administration to conduct evaluations. To the extent that the evaluation procedures contained in this Article are followed, the evaluative judgment of the evaluator shall be final and binding provided a teacher who believes that the evaluation was unfair, may request in writing an additional evaluation by another Administrator assigned by the Superintendent. Such requests for an additional evaluation shall be made to the Superintendent in writing within ten (10) school days of receipt of the original evaluation report.

If at any point during the evaluation process a teacher believes the evaluator is demonstrating bias, the teacher may request a second evaluation prepared by a different evaluator to happen concurrently. Such requests shall be made in writing to the Superintendent who will evaluate the request and determine appropriate next steps. The Superintendent shall respond to such requests within ten (10) school days, and shall provide reasoning if no new evaluator is deemed needed.

In the event that a second evaluation is deemed appropriate both summative evaluations shall be placed in the teachers personnel folder, unless the second evaluation shows a difference in performance rating of more than 20%, as outlined in Article 10 (Teacher Evaluation Performance Ratings), in which case the first evaluation shall be discarded from the teachers Personnel File.

Article 11

REDUCTION IN FORCE

11.1       In the event of a reduction in force, teachers without professional status within the licensure required for a particular assignment shall be released before teachers with professional status.

11.2       In determining the order in which teachers with professional status shall be laid off or reduced in time within their major areas of licensure, the Superintendent shall consider the following factors: license and credentials and a teachers performance ranking based upon current evaluation(s). If there is no measurable difference in the quality of a teachers performance, seniority as defined in section 11.2(e) shall govern.

(a)       The determination of a Reduction in Force shall be made by the Superintendent who shall also stipulate the position(s) that will remain and the appropriate Department of Education license(s) and highly qualified credentials as required by NCLB necessary to fill those position(s).

(b)       The Superintendent will confirm that a teacher in this category meets all of the licensure and credentialing requirements stipulated by 11.2(a).

(c)        The Superintendent shall review the three most recent evaluations conducted using the performance rating scale stipulated in Article 10 (Teacher Evaluation Performance Ratings) to determine if there is a measurable difference in performance based on these evaluations. Evaluations based on the full evaluation instrument and the selected focused evaluation instrument shall carry equal weight. In the event that three current evaluations are not available, existing measurable performance ratings will be averaged in order to determine if there is a measurable difference in performance.

(d)       Measurable difference in performance of teachers whose positions are being considered for reduction in force shall be determined when a difference of more than 20% of the average of their three most recent performance ratings are identified. In the event that fewer than three performance ratings exist, see above. Discarded evaluations per Section 10.5 will not be considered.

(e)        For the purpose of this Article continuous employment within the Lincoln Public Schools, including periods of approved paid leave granted by the Superintendent, commencing on the first day of the school year of faculty appointment (not hiring date), shall be used to compute seniority. Time spent on an unpaid leave of absence shall not constitute a break in continuous employment but shall not be included in computing seniority. Maternity leave of twelve weeks or less shall be counted as continuous service.

(f)        In the event that there is no difference in license and credentials and a measurable difference in performance rating, seniority shall determine the order of reduction in force.

(g)        Using all three factors, license and credentials, performance rating and seniority, the Superintendent will publish a Reduction in Force list which will determine the order of layoff or reduction in time.

(h)   In the event that all three factors are determined to be indistinguishable, the Superintendent shall perform a lottery to determine the teacher to be laid off.

(i)    In the event that a reduction in force is necessary the Superintendent will inform the LTA and convene an oversight committee. The committee shall consist of two representatives designated by the LTA and two administrators designated by the Superintendent to oversee the Reduction in Force process.

11.3     Where possible, normal attrition will be used to effect a Reduction in Force.

11.4        Teachers who are laid off pursuant to this Article shall be notified no later than April 15 that they are being laid off effective the following September.

11.5        A teacher with professional status who is laid off pursuant to this Article shall be entitled to a severance payment of salary equal to one percent (1%) of her/his final year's base salary, for each year of contracted teaching service in the Lincoln School System. Such severance payment shall not exceed $7,500 and is payable by October 15th of the school year following the Reduction in Force. Such payment is contingent upon the teacher removing her/his name from the recall list.

11.6        The decision of the Superintendent shall not be subject to the grievance and arbitration provisions of this Agreement except as to the question of (1) whether or not the Superintendent looked at the aforementioned criteria, and (2) whether the decision of the Superintendent was based on said criteria. In the event that an arbitrator finds that the Superintendent did not look at the aforementioned criteria or that the Superintendents decision was not based on such criteria, the sole remedy of the arbitrator shall be to refer the case back to the Superintendent so that the Superintendent may make a decision in accordance with this Article. The arbitrator shall not substitute his judgment for that of the Superintendent; however, no teacher will be laid off under the provisions of this Article if the Superintendent has not, as determined by an arbitrator, complied with the requirements of this Article with respect to that teacher.

11.7        If, within twelve (12) months of a Reduction in Force, a vacancy occurs in the position formerly held by a teacher with professional status on layoff, the teacher with professional status shall be recalled to that position. In order to exercise the right to recall, a teacher notified of pending layoff shall elect, via written notice to the Superintendent, to be placed on an involuntary leave of absence rather than be dismissed and shall execute a waiver of Chapter 71, Section 42 rights. If there is more than one laid off teacher with professional status from a position in which a vacancy occurs, the teacher with the higher ranking on the Reduction in Force list shall be recalled first.

11.8        Recall of a teacher with professional status shall be conducted as follows: (a) A recall notice shall be sent by the Superintendent by electronic mail to the teacher and to the LTA Co-Presidents. (b) The teacher must notify the Superintendent in writing within five (5) days of the receipt of the notice of recall of acceptance of the position. In no circumstances shall notification from the teacher come later than seven (7) days from the electronic mail having been sent to the teacher. The LTA Co-Presidents will also contact teachers immediately upon receipt of the e-mail to make sure the teacher has received notification; and the LTA Co-Presidents will notify the Administration when contact has been made with the teacher. (c) Failure to accept a recall shall result in removal from the recall list. (d) Teachers with professional status who have accepted involuntary leave of absence status shall, during the recall period, be sent copies of all notifications of vacancies and newly created positions for which they qualify, providing they register a valid email address and phone number with their written request to be placed on an involuntary leave of absence and keep such an e-mail address and phone number updated. E-mails will be sent out with return receipt notification so Administration gets notice of when e-mails have been opened by the teacher in question.

11.9        In the event that the Lincoln Public Schools is no longer the contractor selected by the federal government to provide educational services at Hanscom Air Force Base, the School Committee and the Lincoln Teachers Association agree to form a Transition Committee to develop a plan to address staffing needs and associated Reduction in Force procedures. In the event that the parties do not agree on such a plan, Article 11, Sections 1 to 8 shall prevail.

Article 12

JUST CAUSE FOR DISCIPLINE

No teacher will be disciplined without just cause. It is expressly agreed and understood that a poor evaluation does not constitute discipline. Discipline does not cover the layoff of a teacher pursuant to Article 11 or the failure to reappoint a non-professional status teacher. It is further understood that the dismissal of a teacher shall not be subject to the Article but shall be adjudicated under the applicable provisions of the Massachusetts General Laws.

Article 13

FAMILY MEDICAL LEAVE ACT

13.1         The Lincoln Teachers Association acknowledges that the Association and the Committee are subject to the provisions of the Family Medical Leave Act (FMLA). The FMLA shall not increase or decrease the length of leave available to eligible employees under this Agreement. Where an employee takes leave under one of the following articles related to leave for a reason which would entitle an employee to leave under the FMLA, such leave will also be considered FMLA leave and will be deducted form the employees statutory FMLA leave entitlement. FMLA leave is not cumulative and not in addition to leave currently available to the extent such leaves are for reasons covered by the FMLA.

13.2         In an emergency situation concerning an employee covered by this agreement or the family member of the employee, the employee will notify the Superintendent of the need for leave within three (3) school days of the event unless physically unable to do so.

13.3         In case of personal illness, the employee will notify the Superintendent of the need for FMLA leave when absent on the seventh (7th) consecutive school day. FMLA leave will begin on the first day of the absence. Actual leave shall be treated as paid sick leave and an employee will be permitted to use her/his sick leave providing days have been accrued.

13.4         The period of FMLA leave shall be calculated from the initial date of absence for events referred to in 13.2 and 13.3. FMLA shall not be considered a break in service.

13.5      In case of a planned absence, FMLA notification procedures will be followed.

Article 14

LEAVES WITH PAY

14.1   SICK LEAVE

(a)       Every regularly appointed full-time teacher in the Lincoln School System covered by this Agreement shall be granted an annual leave of fifteen (15) days without loss of pay for absence caused by personal illness.

(b)       Sick leave with pay is intended to cover medical necessity that cannot be scheduled on other than school hours or the teacher's own incapacitation due to illness or injury. A doctor's note may be required for all absences exceeding five (5) consecutive days.

(c)        Unused sick leave will accumulate from year to year without limitation.

(d)       A statement of unused sick leave will be issued in writing to each teacher before October first of each school year.

(e)        The provisions herein regarding sick leave shall apply to part-time teachers and teachers employed for less than full year pro rata based upon the percentage of the full teacher workday or work year worked.

(f)        The Committee may in its sole exclusive discretion grant a leave of absence because of illness to teachers who have exhausted all of their sick leave.

14.2(a)     SICK LEAVE BANK

(a)     A sick leave bank is established for use by eligible members of the teaching staff covered by this Agreement who have exhausted their own sick leave and who have serious illness or incapacity.

(b)     Teachers will be automatically enrolled in the sick leave bank and will be assessed one sick day per year for the coming academic year. The assessment will be made prior to October 1st.

Teachers may opt out of the sick leave bank by notifying the Superintendent, in writing, prior to September 1st of a given school year. Teachers who have opted out of the sick leave bank are not eligible to apply for this benefit.

Teachers wishing to rejoin the sick leave bank shall notify the Superintendent prior to September 1st of a given school year. Upon rejoining the sick leave bank, teachers shall be assessed 1.5 days for each year of employment by the Lincoln Public Schools.

The initial grant of sick leave by the sick leave bank committee to an eligible employee shall not exceed thirty (30) school days. Upon completion of the thirty (30) school day period, the period of entitlement may be extended by the sick leave bank committee upon demonstration of need by the applicant.

(c)   The sick leave bank shall be administered by a sick leave bank committee consisting of two (2) members designated by the Superintendent and two (2) members designated by the Association. The sick leave bank committee shall determine the eligibility for the use of the bank and amount of leave to be granted. The following criteria shall be used by the committee in administering the bank and determining eligibility and amount of leaves:

(1)       Adequate medical evidence of serious illness.

(2)       Prior utilization of all eligible sick leave and three of a teachers five personal days.

(3)       Length of service in the Lincoln School System.

In no event will a teacher without professional status receive more than ninety (90) days from the sick leave bank for any one illness or incapacity. For teachers with professional status, the limit shall be one hundred five (105) days plus ten (10) days for each year of service after achieving professional status.

(d)       If the sick leave bank goes below two hundred (200) days, it shall be renewed by the contribution of one (1) additional day from each member of the sick leave bank. This additional day will be deducted from the teachers annual days of sick leave. The Superintendent shall monitor the balance of available days in the sick leave bank and notify members when it becomes necessary to replenish the bank. The maximum contribution for any member shall be two (2) days per school year.

(e)        The decision of the sick leave bank committee with respect to eligibility and entitlement shall be final and binding and not subject to appeal, grievance or arbitration. The sick leave bank committee shall not be the agent of either the School Committee, Superintendent or the Association and neither shall be responsible for the action of the sick leave bank committee.

(f)        Upon notification of a teachers decision to retire from the Lincoln Public Schools, a teacher may donate up to thirty (30) days of unused sick leave to the teachers sick leave bank. The request to donate unused days to the sick leave bank must be submitted, in writing to the Superintendent, on or before May 1st of each school year. Days donated shall be added to the sick leave bank in the following academic year.

14.2(b)    Teachers covered by this agreement hired after the 2007-2008 academic year shall be entitled to join the sick leave bank under the following conditions.

(1)     Access to the sick leave bank shall be in accordance with the requirements articulated in 13.2(a), except as contravened by sections 13.2(b), sub-items 2 and 3 below.

(2)     Accumulated sick leave shall be limited to 100 days.

(3)     The number of sick leave bank days granted shall be limited to a total of no more than 80 days in a given year.

(4)     The Lincoln Public Schools shall maintain and manage an optional group long-term disability insurance policy at the employees expense.

14.3       ABSENCES DUE TO ILLNESS OR DEATH

(a)       A regular teacher shall be allowed five (5) days absence in the event of the death of a parent, child, spouse, sibling or member of the teacher's immediate household or close friend; three (3) days in the event of the death of a grandparent or grandchild; and one (1) day in the event of the death of any other relative. Such leave shall be at full pay.

(b)       A regular teacher shall be allowed five (5) days absence in a school year with full pay in the case of the illness of a parent, spouse, child, sibling or a member of the teacher's immediate household or a close friend. Such leave is non-cumulative.

(c)        In the event of each absence for reasons as provided by this Section 12.3, the Teacher Absence Form, set forth as Exhibit B, must be promptly completed by the teacher and submitted to her/his Principal or immediate supervisor.

14.4       ABSENCE FOR PERSONAL REASONS

(a)       Regularly appointed teachers may be absent for personal reasons up to five (5) days in the school year with full pay if such request for absence is submitted in writing by the teacher to the Principal five (5) days in advance on the form attached hereto as Exhibit B. A teacher is not required to state the reason for the request. Personal leave is intended to be used in emergency situations or for transacting or attending to imperative legal business or household or family matters which are impossible to schedule during non-school hours. In making the request, the teacher is required to use professional judgment in regard to time away from duties. The Administration may in its discretion limit the number of teachers granted personal leave on the same day.

(b)       Personal leave will generally not be granted for the day immediately before or after regular holidays and vacations. Personal days may not be used to get an early start on, or to intentionally lengthen a holiday, or vacation, or to simplify travel arrangements.

(c)        In the case of an emergency, notification can be made by phone to the Building Principal followed by written notification on the form attached hereto as Exhibit B during or after the absence. Such leave is non-cumulative.

14.5       ABSENCE FOR PROFESSIONAL REASONS

The Superintendent or her/his designee may grant any teacher leave to attend conferences, meetings, or to visit schools for professional reasons. The teacher will apply ten (10) days in advance, when possible, and will make application on the form set forth as Exhibit B. Only when conferences or meetings are set by others and not within the power of the applicant to control will such application be considered for a day immediately before or after a holiday or vacation period or a day separated from a holiday or vacation period by a weekend.

14.6       MINI-SABBATICAL LEAVE

(a)     Any teacher who has completed one satisfactory year in the Lincoln School System may request in writing a mini-sabbatical leave. If granted, the leave shall consist of an absence of one to four (1-4) weeks from the classroom responsibilities with pay in order to pursue some specific project that relates directly to the instructional program of the Lincoln School System. It will be a prerequisite to granting such leave that the purpose can be completed within the time allotted and with the resources available.

(b)     Procedure

(i)    A written plan shall accompany the request and be submitted and discussed with the teacher's Principal and the Superintendent at least six (6) weeks prior to the intended time of leave.

 (ii)   If the Superintendent approves, s/he will present it to the Committee for consideration. The number of teachers who will be granted mini-sabbatical leaves will be determined by the state of the budget and the urgency of the project.

14.7       JURY DUTY

Any teacher called for jury duty shall be granted leave with pay. Upon return to work from jury duty, the teacher shall reimburse the Town for any compensation (exclusive of expenses) received for having been called to jury duty.

Article 15

MATERNITY LEAVE

15.1        Pursuant to Massachusetts General Laws, Chapter 149, Section 105D, (Exhibit E) every full-time female employee is entitled to at least eight (8) weeks maternity leave if she has completed an initial probationary period of three (3) consecutive months and if she gives at least two (2) weeks notice of her expected departure and return dates.

15.2        The parties agree that to qualify for benefits under this Article, a teacher who becomes pregnant must notify the Superintendent in writing as soon as possible but in no event less than two (2) weeks before the commencement of such leave, stating the anticipated dates of departure and return. Notification of a pending maternity leave should be accompanied by a letter from the employee's attending physician indicating anticipated delivery date. Such notification shall provide the Administration with as much opportunity as possible to secure a replacement teacher and ensure continuity of assignments.

15.3        The pregnant teacher may continue in her assigned position as long as her physical condition and ability to perform her assigned duties allow. The Superintendent may require such medical evidence of the teacher's ability to continue to work as it requires when questioning the health of a teacher in a non-maternity-related situation.

15.4        During the eight consecutive weeks of maternity leave, that fall in total or in part of a school year under Article 6, a teacher is eligible to use accumulated unused sick leave and personal leave benefits under Articles 13.1 and 13.4. Actual disability shall be treated as paid sick leave and an employee will be permitted to use her accumulated sick leave for the period of actual disability. Maternity leave shall be unpaid except to the extent of actual disability, which normally shall not exceed forty (40) school days. A claim of actual disability beyond forty (40) school days shall be supported by medical evidence as required by the Superintendent.

15.5        Upon returning to employment following leaves of up to twelve weeks, the teacher shall be restored by the Superintendent to her previous position or to a similar position, with the same status, pay, length of service credit and seniority as the position the teacher held prior to the leave.

15.6        The Superintendent agrees to publish and maintain a statement of benefits for persons applying for maternity leave clearly defining maternity leave benefits due to teachers pursuant to Massachusetts General Laws, Chapter 149, Section 105D, (Exhibit E) in a format acceptable to the Lincoln Teachers Association.

Article 16

LONG-TERM LEAVES OF ABSENCE WITHOUT PAY

16.1     CHILD-REARING LEAVE

(a)       Following the birth of a child, the mother of the child shall be entitled to a child-rearing leave.

(b)       Following the birth of a child, the father of the child shall be entitled to a child-rearing leave. Under ordinary circumstances, such leave may commence upon a natural break in the school year (e.g., December recess, February recess, semester completion, April recess).

(c)        Following the acceptance of a child for adoption, either parent shall be entitled to a child-rearing leave pursuant to this Article.

(d)       In the case where both parents are employed by the Committee, only one parent shall be entitled to a child-rearing leave pursuant to this Article.

(e)        At the commencement of a child-rearing leave the teacher will advise the Administration whether s/he will return the September immediately following the commencement of the teacher's leave or the following September. Leave taken pursuant to this Article shall be unpaid and must be consecutive, and the return to full-time employment shall constitute a termination of child-rearing leave. In no event shall a teacher's child-rearing leave include time in more than two (2) school years. Such leave shall in no event equal or exceed two (2) complete school years, but it may include one (1) complete school year.

(f)        Credit for increment on the salary schedule will be granted to a teacher upon returning from leave if such teacher was employed for at least one-half (1/2) of the school year during which said leave was taken. For purposes of this Section, one-half (1/2) of the school year shall equal one-half (1/2) of the number of school days children are in attendance.

(g)        Upon returning from child-rearing leave, where possible, a teacher will be returned to the same position or to a grade level or position similar to the position which such teacher held at the time the leave commenced. However, nothing contained herein shall prevent the Committee from laying off a teacher on child-rearing leave pursuant to Article 11 of this Agreement.

16.2        Teachers shall be granted leave without pay for up to one (1) year to care for their families.

16.3        DISCRETIONARY LEAVE OF ABSENCE WITHOUT PAY

(a)   Upon the recommendation of the Superintendent, the Committee may, in its sole discretion, permit teachers with professional status to take up to one (1) year's leave of absence without pay.

b)    Requests for such leave should be submitted by April 1st prior to the September in which the leave starts. The teacher shall notify the Superintendent by March 1st of her/his intention to return the September following the termination of her/his leave.

(c)   Teachers on leave without pay retain all rights, privileges, and benefits accrued during their service in the Lincoln School System, but these are not increased during the leave year.

Article 17

SABBATICAL LEAVE OF ABSENCE

17.1           The Committee, upon recommendation of the Superintendent, may grant a sabbatical leave for approved study or travel to a teacher after seven (7) years of experience in the Lincoln School System.

17.2           During the period of study or travel, the teacher will receive full salary for half-year sabbatical leave or half salary for a full-year sabbatical leave, or full salary for half-time work for a full year. For purposes of this section, a half-year shall mean an academic semester.

17.3           A maximum of four percent (4%) of the full-time professional staff may be on sabbatical leave at one time.

17.4           Request for leave shall be made in writing to the Superintendent on or before October 1 for both September and January leaves of the following school year. Upon receipt of a request for sabbatical leave, the Superintendent will make a recommendation to the School Committee which will vote on the recommendation. The teacher shall be notified of the Superintendent's recommendation and the Committee's vote in writing on or before the following February 15.

17.5           Prior to the granting of such leave, the teacher shall agree with the Committee that teachers who take a half-year sabbatical will be required to return to the district and teach for one (1) year and a teacher who takes a full-year sabbatical will be required to return to the district and teach for two (2) years. Teachers who do not fulfill the requirement of returning to the district will be required to repay an amount equal to the compensation paid during the sabbatical and the cost of the replacement teacher.

17.6           A teacher applying for a sabbatical leave shall file with the Superintendent as part of the request a sabbatical leave plan. The plan shall include a statement of aims and objectives and the procedures whereby those aims and objectives are to be achieved.

17.7           Each teacher taking a sabbatical leave shall make a report on her/his sabbatical leave to the Committee upon her/his return.

17.8           A teacher returning from a sabbatical leave shall be assigned to a position by the Superintendent. The Superintendent under ordinary circumstances and where practicable and possible shall make an effort to reassign the teacher to the same or similar position held at the time of commencement of the sabbatical leave.

Article 18

INITIAL TEACHER EMPLOYMENT

18.1       The Committee, upon recommendation of the Superintendent, shall elect and contract with teachers as provided in the General Laws of the Commonwealth of Massachusetts.

18.2       Initial placement on the salary schedule shall be based on training and/or experience.

18.3       With respect to initial placement, the Superintendent shall determine, based on reasonable criteria, the amount of credit which may be given for previous outside teaching experience and related experience. Reasonable effort will be made to award such credit equitably to all employees.

Article 19

TRANSFERS AND REASSIGNMENT OF POSITION

19.1           When involuntary transfers or reassignments are necessary, a teacher's area of competence, area of licensure(s), major and/or minor field of study and quality of teaching performance, along with education needs of the Lincoln School System, will be considered in determining which teacher is to be transferred. Consideration will be made to avoid involuntary transfers or reassignments so they do not occur more than twice in a three-year period or in consecutive years for any individual teacher.

19.2           Notice of transfer or reassignment will be given to teachers as soon as possible. Every effort will be made to give notice of transfer or reassignment by May 15th where possible. No teacher shall be involuntarily transferred until there shall have been a meeting between the teacher and the Superintendent at which meeting the reasons for the transfer shall be explained. The teacher may be represented by the Association at this meeting.

19.3           For purposes of this Article, a transfer shall be any change of school. A reassignment is between grade level or major subject area within a school.

19.4           A teacher will not be transferred involuntarily if there is a volunteer who fits the programmatic needs of the system. The decision of the Superintendent may be grieved through the School Committee level of the grievance procedure and shall not be subject to arbitration.

19.5    A $750 stipend will be paid to each teacher who voluntarily transfers to an open position on the other campus with the intention of staying indefinitely. Teachers who wish to participate in the voluntary transfer program do so with the understanding that the stipend is a one-time payment only, exclusive of their base salary, and the request must be approved by the receiving Principal in whose building the vacancy occurs. No more than four voluntary transfers will be granted in any given year.

Article 20

VACANCIES AND PROMOTIONS

20.1           The filling of vacancies and new positions within the Lincoln School System is the responsibility of the Superintendent acting upon the recommendation and the advice of the Principal.

20.2           Whenever a vacancy occurs in an established position, or a new position is created within the bargaining unit, notice shall be posted on the faculty bulletin board for at least ten (10) school days in advance of the appointment. Postings will be made before or concurrently with publicly advertised positions. During the summer vacation periods, electronic notices shall be sent concurrently with publicly advertised positions at least ten (10) working days in advance of the appointment to the Co-Presidents of the LTA and by posting such vacancies on the Hanscom and Lincoln Conference folders.

An opening occurring during the school year or on or after August 15th prior to the commencement of the school year may be filled by the Superintendent on a temporary basis for the remainder of the school year. In such instances, if the position remains in effect for the subsequent school year, it shall be advertised as set forth above.

20.3       All such notices shall set forth the specifications, qualifications, and range of compensation for the position and the date by which an application must be filed with the Superintendent.

20.4       All teachers shall have an opportunity to apply for such positions.

20.5           The filling of vacancies shall be based upon the Superintendent's judgment as to what will best serve the interests of the students in the Lincoln School System. The Superintendent shall give due consideration to professional background, attainments and other relevant attributes of all applicants.

20.6           In making appointments the Superintendent agrees to comply with the statutory prohibitions against discrimination.

Article 21

RESIGNATIONS

No resignation is to become effective until thirty (30) days following its receipt by the Superintendent unless such requirement is waived by the Committee or by the Superintendent. A monetary penalty at the rate of one day's pay for each day less than the required thirty (30) days notice may be invoked for failure to comply with the terms of this Article.

Article 22

JOINT MEETINGS/PROFESSIONAL CONSULTATIONS

The Superintendent shall meet on a regular basis with the Co-Presidents of the LTA to discuss matters of mutual interest. If there is a need for extensive discussions and input from the membership and/or School Committee a Labor-Management Committee consisting of four (4) representatives of the Association and four (4) representatives of the Committee shall meet from time to time by agreement to discuss matters of mutual interest.

Article 23

USE OF SCHOOL FACILITIES

23.1           The Association will have the right to use school buildings without cost and at reasonable times for meetings, subject to safety requirements and availability; provided, however, that the Association will be required to pay for any additional custodial costs involved by reason of said meetings. The Principal responsible for the building in question and the Superintendent will be advised, sufficiently in advance, of the time and place of all such meetings, to make arrangements.

23.2           The Association will have the right to use school athletic facilities and equipment upon request. The schedule of such use and other related matters will be arranged with the Superintendent or her/his designee.

23.3           One Wednesday of every month after 3:00 p.m. shall be free of all workshops, conferences, and other scheduled activities with the exception of meetings sponsored by the Association. Teachers during this period will be free to attend Association meetings and to perform related work. To facilitate travel arrangements to an Association meeting held on either the Lincoln or the Hanscom Campus, teachers on the campus on which the Association meeting is not being held shall be released twenty (20) minutes prior to the Association meeting. The schedule for Association meetings will be established in collaboration between the Superintendent and the Association Co-Presidents. Considerations for scheduling these meetings shall consist of nine (9) teacher Wednesdays and one (1) district Wednesday.

Article 24

COMPENSATION FOR SUMMER WORK

24.1            Should the Committee decide to employ a teacher during the summer months to perform curriculum work, this employment is voluntary unless part of a documented performance improvement plan.

24.2            Should the Committee decide to employ a teacher during the summer months the Committee agrees to pay said member according to the following schedule:

Level 1: Teachers who attend a presentation, course, or training session that has been designated a high priority by the district shall be compensated at the rate of one-half of a per diem which shall be calculated as 1/185th the teachers base salary, not including longevity, stipends or enhanced longevity. The teacher is expected to be present for all activities and to participate in the exercises, learning tasks and discussions that are required by the presenter/instructor.

Level 2: Teachers who participate in a professional development or curriculum development activity and are expected to contribute knowledge, experience or ideas as a member of a planning group, brainstorming team or committee on a task or project for which someone else has the responsibility for the completion and publication of the task or project, shall be compensated at the rate of a full per diem which shall be calculated as 1/185th the teachers base salary, not including longevity, stipends or enhanced longevity.

On or before May 1st of each year, the Superintendent or designee will publish a list of professional and curriculum development opportunities that will be offered in the summer. This list shall include the designation of highly preferred for professional development activities and level 1 or 2 for curriculum development activities, including the level of compensation for such. Members of the faculty shall make a commitment to participate prior to May 15th.

24.3   Should the Committee employ a teacher to provide direct services to students as a teacher, the Committee agrees to compensate the teacher at their per diem rate, not to exceed $50 per hour based on the following formula: Annual base salary/185/7.5

Article 25

COMPENSATION

25.1           Effective September 1, 2011 teachers shall be compensated in accordance with the salary schedule contained in Exhibit C.

25.2           Effective September 1, 2012 teachers shall be compensated in accordance with the salary schedule contained in Exhibit C.

25.3           Effective September 1, 2013 teachers shall be compensated in accordance with the salary schedule contained in Exhibit C.

25.4           Effective September 1, 2011 stipended positions shall be compensated in accordance with the stipend scale contained in Exhibit D.

Article 26

PROFESSIONAL DEVELOPMENT, TUITION REIMBURSEMENT and MENTORING

26.1        The Committee will pay the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by teachers who attend workshops, seminars, conferences, or other professional improvement sessions at the request of or with the advance approval of the Superintendent.

26.2        The Committee will reimburse teachers for tuition for one graduate course. Courses must be aligned with the teachers specific teaching assignment, area of licensure, and Individual Professional Development Plan. Prior approval by the Superintendent or designee is required two weeks before the start of the course. Reimbursement will be made in the amount of full tuition up to $1,000 for one course per year. Tuition shall be interpreted to include course fees assessed by State Colleges and Universities. If, by June 1st of the school year there are additional funds remaining in the course reimbursement line item of the budget, remaining funds from that line item will be distributed equally among teachers who have applied for reimbursement for additional course(s) and did not fully use up their $1,000 reimbursement with the initial course for which they were reimbursed. The total amount reimbursed from all courses in a fiscal year shall not exceed $1,000.

The Superintendent or designee, prior to the start of the course, shall approve all courses for which reimbursement or application to placement on the salary scale is requested. Teachers are required to submit proof of payment, documentation of successful completion (transcript or grade report) and a copy of the approval form. Funds for reimbursement of approved graduate courses shall be made available on September 1 of each school year. Teachers may request course approval at any time and approvals will be made on a first come, first served basis. Teachers who are denied funding in one year because the demand exceeds the budget shall be given first priority in the following year.

26.3         Faculty new to the Lincoln Public Schools will receive mentoring appropriate to their needs. A mentoring program will be maintained to address these needs. New members of the faculty will not be required to participate in any system-wide training initiatives during their first year in the district. Faculty who accept mentoring assignments will be compensated at a rate of two per diems per year to four per diems per year based on the assignment. The Assistant Superintendent in collaboration with the Building Principal shall determine the number of per diem days allotted for mentoring assignments. All mentoring opportunities will be posted and include the predetermined number of per diem days.

26.4         Teachers without professional status may be required within three (3) years to complete at least one professional development offering sponsored by the district. Course fees and material costs shall be borne by the district.

Article 27

STIPEND POSITIONS

On an annual basis the Superintendent will post a list of teacher leadership positions, which the district wishes to fill for the upcoming school year. All appointments are for one year only. The Association recognizes that the Superintendent has the right not to fill any of these stipend positions in any year due to budgetary constraints and the parties agree that any position delineated in this article can be eliminated at any time. The Superintendent may add positions providing compensation for such positions align with the other positions included in this article. The Superintendent will discuss the establishment of such position(s) with the Co-Presidents of the Association.

See Stipend Scale contained in Exhibit D

1)    Team Leaders

Building-based Team Leaders will be appointed for each grade level preschool through grade 8 and the Specialist Teams and will receive a stipend according to the stipend scale. Team Leaders report to the Principal/Preschool Coordinator.

2)    Curriculum Leadership Positions

For each of the identified content areas (English [reading and writing], mathematics, science, social studies, foreign language, visual arts, music, physical education/health, and instructional technology) at least one of the following curriculum leadership positions will be filled annually.

(a)   Department Director

This is a campus-wide position responsible for curriculum development and coordination within a discipline and will be compensated according to the stipend scale. Department Directors report to the Building Principal and to the Assistant Superintendent of Schools.

(b)   Teacher on Assignment

This is a district-wide position and is responsible for curriculum development and coordination within a discipline and will be compensated with a stipend according to the stipend scale. Teachers on Assignment report to the Assistant Superintendent of Schools.

(c)   Content Specialist

This is a district-wide position and is responsible for district-wide curriculum development and coordination and will be compensated with a reduction in teaching assignment of up to 0.2 FTE and a stipend according to the stipend scale. Content Specialists report to the Assistant Superintendent of Schools.

The Assistant Superintendent will convene meetings with members of the Curriculum Leadership Team no more than 10 times a year on Wednesday afternoons designated for teacher planning or at other times that are mutually acceptable. The purpose of these meetings shall be to build capacity for leading other teachers in curriculum work; to develop skill in designing curriculum, instructional strategies and assessment; and to consult on planning for professional development of teachers.

3)    Other Stipend Positions

On an annual basis, the Superintendent may create stipend positions to facilitate student organizations or activities that meet outside the regular school hours. Such stipends shall range between $750 and $3,500 depending upon the scope of the responsibility, length of activity or duration of the project.

4)    Before School Supervision

There will be a number of before school supervision positions that may be filled by one or more teachers. Those who accept the position will be responsible for supervising students as they arrive prior to the start of the school day. When the position is shared by two or more teachers, the teachers are responsible for determining the percentage of the position each is taking and for reporting the arrangement to the Principal(s). Compensation: $2250 per position.

5)    District-wide positions

(a)   Director of Lincoln After-School Music Program

The Director of the LASMP is responsible for the operations of the after-school music program on the Lincoln and Hanscom campuses. This includes advertising, registration, staff recommendations, scheduling (facilities and lessons), collecting fees, managing expenditures, preparing program and financial reports and other responsibilities assigned by the Superintendent. Compensation: according to the teacher stipend scale.

(b)   Athletic Director

The Athletic Director is responsible for the administration of athletic programs for students enrolled in the Lincoln School and the Hanscom Middle School. The Athletic Director reports to the Building Principal and is responsible for student registration; collection of fees; budget development; scheduling (practices, contests, transportation and officials); recommending, supervising and evaluating coaches; communication about the athletic program; preparing program and financial reports and other responsibilities assigned by the Superintendent. Compensation: according to the stipend scale.

(c)   Town Nurse

The stipend for the Town Nurse shall be according to the teacher stipend scale.

Article 28

PAYROLL DEDUCTIONS

28.1   ASSOCIATION DUES

(a)    The Superintendent agrees to deduct, in twenty (20) equal installments, from the salaries of teachers who have on file with the Superintendent an executed current Dues Deduction Authorization Card, dues for the Lincoln Teachers Association, Massachusetts Teachers Association, and the National Education Association and to transmit the monies to the Lincoln Teachers Association Treasurer. Teachers who are not members of the LTA will be required to pay a negotiation fee in the amount of one-half of the Association's dues, which will be prorated for part time staff.

(b)    The deduction referred to above will be made in equal payments in the amounts certified by the Association Treasurer as being the regular membership dues of the Association, the Massachusetts Teachers Association, and the National Education Association commencing in September and continuing through the second paycheck in June.

(c)    The amounts deducted will be submitted to the Association Treasurer as soon as possible after the issuance of the paychecks from which the deductions were made.

28.2     AUTHORIZED DEDUCTIONS

(a)     The Superintendent agrees to deduct from the salaries of the teachers who have on file with the Superintendent an executed current Deduction Authorization Card (for example for the purposes of 403b, credit union, disability insurance, etc.) an amount or amounts specified.

(b)     The amount deducted will be transmitted to the Appropriate Agency as soon as possible after the issuance of paychecks from which the deductions were made.

28.3  DIRECT DEPOSIT

The Superintendent agrees to provide direct deposit options for staff that request it.

Article 29

ACCIDENTS

29.1           An accident occurring in a school building or on property under the jurisdiction or control of the Committee must be reported by filling out an accident form. Because public schools do not pay medical expenses, the teacher must see the school nurse and complete the accident form within forty-eight (48) hours of the injury. The Superintendent or her/his designee must be provided with sufficient information to complete the Workers Compensation Accident Report.

29.2           School Accident forms and Workers Compensation forms must be sent to the Superintendent's Office within forty-eight (48) hours of the occurrence of the injury.

Article 30

WORKERS COMPENSATION

The Lincoln School System shall provide compensation for a teacher who is disabled as a result of an injury arising out of or in connection with her/his service to the schools as required by the General Laws of the Commonwealth of Massachusetts. The teacher may request, and the Superintendent may authorize use of the teacher's accumulated sick leave to supplement the difference between Workers Compensation payments, including dependency allowances, and the teacher's regular rate of pay.

Article 31

INSURANCE AND ANNUITY PLANS

31.1           Teachers will have extended to them all health and insurance plans made available to Town employees.

31.2           Teachers accept the Town of Lincoln's recommended health care policies and changes, effective November 1, 1996.

Article 32

LONGEVITY

The teachers shall receive as compensation the following remuneration for service in the Lincoln School System:

(a)     Completion of ten (10) years of service and every year thereafter through the fifteenth (15th) year of service: $1,000

(b)     Completion of fifteen (15) years of service and every year thereafter through the twentieth (20th) year of service: $1,500

(c)     Completion of twenty (20) years of service and every year thereafter through the twentyfifth (25th) year of service: $2,000

(d)     Completion of twenty-five (25) years of service and every year thereafter: $2,500

The applicable longevity payment shall be added to the base of a teacher's salary in a given school year. Credit for one (1) year shall be given for every school year during which a teacher held a faculty appointment in the Lincoln School System whether on a full-time or part-time basis provided that payment in a given year shall be prorated based on the relation a part-time teacher's salary bears to that of a full-time teacher on the same step and scale. Accumulation of credit shall begin from the first day of work provided that the first year shall count as one full year only if the teacher's first day of work occurs during the first ninety (90) days of that school year.

Article 33

RETIREMENT BONUS

A bonus shall be paid for early notification of retirement. Such bonus shall be paid upon retirement and notice of retirement shall be irrevocable. Notification by October 1st three (3) years in advance of retirement will qualify for a $2,000 bonus, notification by October 1st two (2) years in advance of retirement will qualify for a $1,000 bonus. In order to remain eligible for the retirement bonus the teacher must complete the full school year. Exceptions to the requirement to complete the full school year may be made in the case of documented medical issues, which prohibit the completion of the school year and with approval by the Superintendent.

Article 34

PAYROLL DEDUCTION FOR POLITICAL CONTRIBUTIONS

The Committee will vote to accept the provisions of G.L.C. 180, Section 17I. Teachers may authorize the Committee to deduct from their salary a contribution to "Voice of Teachers for Education" of an amount, which the employee shall specify in writing. The Committee will certify on the payroll the amount to be deducted by the Town Treasurer. Such amounts shall be transmitted to the Massachusetts Teachers Association within thirty (30) days.

Article 35

PART-TIME TEACHERS

Part-time teachers shall be compensated at a proportion to a full-time salary as their teaching assignment bears to the teaching assignment of a full-time teacher on the same step and scale and who is similarly situated. This compensation shall be prorated for the 180 student school days. Part-time teachers shall be required to work full days for the five (5) teacher days and shall be compensated at their full per diem rate for such days. This principle shall apply to all rights, responsibilities and benefits except as otherwise specified and provided that service in any school year shall be counted the same as for full-time employees. It is understood that a part-time teacher's workload will bear a direct relationship to the proportion her/his salary bears to a full-time salary as specified above.

Article 36

ASSOCIATION LEAVE

The School Committee will provide the Association with five (5) days of leave with pay per contract year for Association business. The Association will be responsible for authorization of use of these days and will notify the Superintendent when they will be used.

Article 37

NEWS RELEASES

News releases about school matters are official business and must be submitted to the papers via the Superintendent's Office. Any article shall be reviewed by a Principal before being submitted to the Superintendent for release.

Article 38

NEGOTIATION PROCEDURE

38.1        Not later than October 1, 2013 the Committee and the Association agree to enter into negotiations over a successor Agreement.

38.2        Any agreement reached between the Committee and the Association will be reduced to writing and signed by the Committee and the Association.

38.3        This Agreement shall be reproduced at equal cost to the parties and a copy of this Agreement shall be given by the Committee to each new teacher within five (5) days after being employed. The Committee will also give a copy of this Agreement to all regular full-time and part-time members of the professional staff of the Lincoln School System when changes occur.

Article 39

SAVINGS CLAUSE

Should any of the terms and conditions of this Agreement be found to be in violation of any Federal or State Law, by a court of competent jurisdiction, such other provisions of this Agreement as may not be affected thereby shall remain in full force and effect for the duration of this Agreement.

Article 40

DURATION

This Agreement shall become effective as of September 1, 2011 and shall continue and remain in full force until August 31, 2014.

Article 41

FAIR PRACTICES

41.1        The Lincoln School Committee agrees to continue its policy of non-discrimination against any person on the basis of age, race, color, creed and religious creed, national origin, sex, marital status, sexual orientation, veteran's status or disability.

41.2        No provision of this Article shall be deemed to create or to confer on any person, any right enforceable under the terms of this Agreement, it being the common and agreed understanding that the public policies are properly established and enforced through mechanisms other than those pursuant to which the terms of this Agreement have been entered into and pursuant to which they may be enforced.

Article 42

SCHOOL NURSES

42.1        The School Committee recognizes school nurses as members of the Lincoln Teachers Association, providing such nurses hold, at a minimum a Bachelors degree in nursing and a Massachusetts Department of Education license as a school nurse.

42.2        The work year for school nurses shall be 185 days.  If the Superintendent requests a nurse to work additional days, such days shall be paid at a per diem rate.

42.3     Nurses shall be paid according to the salary schedule for teachers.

IN WITNESS THEREOF, the Lincoln School Committee and the Lincoln Teachers Association by its representatives duly authorized do affix: their signatures to this Agreement, as of the day and year first above written.

For the Association:                                                                For the Committee:

_________________________________________    _________________________________________

Terry Green LTA Co-President                                             Jennifer Glass/Chair

_________________________________________    _________________________________________

Fred Lipton, LTA Co-President                                             Thomas Sander, Vice-Chair

Date: _________________________________            Date: _________________________________

Exhibit A

LINCOLN SCHOOL COMMITTEE

AND

LINCOLN TEACHERS ASSOCIATION

GRIEVANCE FORM

Grievant Name: _________________________________________________________________________

Position: ______________________________________________________________________________

School or Location: _____________________________________________________________________

Name of Principal or Supervisor: __________________________________________________________

Step 1

Specify Article and Section of Agreement Allegedly Violated:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Nature of Violation: _____________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Remedy Requested:______________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

_________________________________________    _________________________________________

Signature of Grievant                                                                               Principal/Supervisor

_________________________________________    _________________________________________

Date                                                                                                             Date of Receipt

Response At Step One:___________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Step 2

Meeting requested with Superintendent:                             Yes                     No

Response At Step Two:___________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Step 3

Meeting requested with School Committee:                            Yes                           No

_________________________________________

Signature of Grievant                                         Date

Response at Step Three:___________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

_________________________________________

Signature of School Committee Chair          Date

Notice of Intent to Arbitrate_______________________________________________________________

Signature of LTA Co-President                                             Date

Exhibit B

Absence Form

Name: _____________________________________            Location: ________________________________

Date(s) of Absence: ____________________________________________________________________

Preferred Substitute (if applicable): ________________________________________________________

Reason for Absence:

 ________Illness                                                         ________  Personal Leave*

________  Family Illness                                          ________  Jury Duty**

________  Funeral                                                      ________  Other

________  Vacation                                                   ________  Leave without Pay

________  Professional Day, Event Title: _________________________________________

Sponsoring Association/Organization

_________________________________________    _________________________________________

Employees Signature                                                                         Administrators Signature

_________________________________________    _________________________________________

Date                                                                                                       Date

THIS FORM IS TO BE COMPLETED PRIOR TO THE DAY(s) OF ABSENCE IF POSSIBLE OR WITHIN THE FIRST TWO DAYS THAT YOU RETURN TO WORK.

* Personal leave is intended to be used in emergency situations, for religious holidays or for transacting or attending to imperative legal business or household or family matters which are impossible to schedule during non-school hours.

** A copy of the juror service record should be attached to this and forwarded to the Business Office.

The type and amount of leave time that is available to you is indicated in your bargaining unit contract or the Letter of Agreement issued to you at the time of your appointment.

Exhibit C

SALARY SCHEDULE FOR TEACHERS

FY12

Bachelors

Masters

Masters + 30

Masters + 45

1

43,941

48,451

52,541

 

2

45,790

50,315

54,406

 

3

47,734

52,279

56,374

 

4

49,765

54,329

58,425

 

5

51,865

56,443

60,539

 

6

54,020

58,622

62,718

63,844

7

56,239

60,866

64,959

66,842

8

58,464

63,114

67,204

68,331

9

60,679

65,344

69,440

70,567

10

63,431

68,129

72,226

73,352

11

66,554

71,278

75,375

76,501

12

71,880

83,703

85,229

86,354

13

74,444

86,700

88,281

88,773

14

75,511

87,947

89,552

91,783

15

76,233

88,790

90,411

93,999

 

FY13

Bachelors

Masters

Masters + 30

Masters + 45

1

44,161

48,693

52,804

 

2

46,019

50,567

54,678

 

3

47,973

52,540

56,656

 

4

50,014

54,601

58,717

 

5

52,124

56,725

60,842

 

6

54,290

58,915

63,032

64,163

7

56,520

61,170

65,284

67,176

8

58,756

63,430

67,540

68,673

9

60,982

65,671

69,787

70,920

10

63,748

68,470

72,587

73,719

11

66,887

71,634

75,752

76,884

12

72,239

84,122

85,655

86,786

13

74,816

87,134

88,722

89,217

14

75,889

88,387

90,000

92,242

15

76,614

89,234

90,863

94,469

16

77,376

90,122

91,767

95,409

 

FY14

Bachelors

Masters

Masters + 30

Masters + 45

1

44,602

49,180

53,332

 

2

46,479

51,072

55,225

 

3

48,452

53,066

57,222

 

4

50,514

55,147

59,304

 

5

52,646

57,292

61,450

 

6

54,833

59,504

63,662

64,805

7

57,085

61,782

65,937

67,848

8

59,344

64,064

68,215

69,359

9

61,592

66,327

70,485

71,629

10

64,386

69,154

73,313

74,456

11

67,556

72,351

76,509

77,652

12

72,962

84,963

86,512

87,654

13

75,564

88,005

89,610

90,109

14

76,647

89,271

90,900

93,164

15

77,380

90,126

91,772

95,414

16

78,150

91,023

92,685

96,363

17

78,537

91,474

93,144

96,840

Exhibit D

STIPEND SCALE

FY12 –

FY14

Position

Stipend

Team Leader

$4,000

Content Specialist

$6,200

Department Chair

$4,000

Teacher on Assignment

$4,000

LASMP Director

$8,436

Athletic Director

$8,436

Athletic Coach

$3,000

Town Nurse

$4,000

Exhibit E

REQUEST FOR COMPENSATION FOR MISSED PLANNING TIME PER ARTICLE 4.9 OF LTA CONTRACT

Todays Date: _________________________________________________________________

Teacher:______________________________________________________________________

Date and time planning time was missed:_____________________________________________________

Date                                                       Time

Total minutes of planning time this week:____________________________________________________

Teacher Planning                               Common Planning

Reason for missed planning time:

[]         No substitute teacher available

[]        Missed special

[]        Required to attend meeting

[]        Other (please explain)_______________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

_________________________________________    _________________________________________

Signature of Teacher                                                                              Signature of Principal

_________________________________________    _________________________________________

Date:                                                                                                          Date:

Exhibit F

CHAPTER 149

LABOR AND INDUSTRIES

CH. 149, S. 105D                MATERNITY LEAVE RIGHTS AND BENEFITS

A female employee who has completed the initial probationary period set by the terms of her employment or, if there is no such probationary period, has been employed by the same employer for at least three (3) consecutive months as full-time employee, who is absent from such employment for a period not exceeding eight weeks for the purpose of giving birth, or for adopting a child under the age of eighteen or for adopting a child under the age of twenty-three if the child is mentally or physically disabled, said period to be hereinafter called maternity leave, and who shall give at least two weeks' notice to her employer of her anticipated date of departure and intention to return, shall be restored to her previous, or a similar, position with the same status, pay, length of service credit and seniority wherever applicable, as of the date of her leave. Said maternity leave may be with or without pay at the discretion of the employer.

Such employer shall not be required to restore an employee on maternity leave to her previous or a similar position if other employees of equal length of service credit and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of such maternity leave; provided, however, that such employee on maternity leave shall retain any preferential consideration for another position to which she may be entitled as of the date of her leave.

Such maternity leave shall not affect the employee's right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she was eligible at the date of her leave, and any other advantages or rights of her employment incident to her employment position; provided, however, that such maternity leave shall not be included, when applicable, in the computation of such benefits, rights, and advantages; and provided, further, that the employer need not provide for the cost of any benefits, plans, or programs during the period of maternity leave unless such employer so provides for all employees on leave of absence. Nothing in this section shall be construed to affect any bargaining agreement or company policy which provides for greater or additional benefits than those required under this section.

A notice of this provision shall be posted in every establishment in which females are employed.