Malden

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DistrictMalden
Shared Contract District
Org Code1650000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2014
Expired StatusExpired
Superintendency UnionMalden
Regional HS MembersMalden
Vocational HS MembersNORTHEAST METROPOLITAN
CountyMiddlesex
ESE RegionGreater Boston
UrbanUrban Superintendents Network
Kind of Communityurbanized centers
Number of Schools7
Enrollment6570
Percent Low Income Students40
Grade StartPK
Grade End12
download pdf version of this document view accessible version of this document Malden

 

 

 

 

AGREEMENT

 

BETWEEN

 

THE MALDEN SCHOOL COMMITTEE

 

AND

 

THE MALDEN EDUCATION ASSOCIATION

 

SEPTEMBER 1, 2013 TO AUGUST 31, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Table of Contents

 

UNIT A Contract

 

ARTICLE 1:    RECOGNITION………………………………………………………………….            1

ARTICLE 2:    NEGOTIATION PROCEDURE…………………………………………………            1

ARTICLE 3:    GRIEVANCE PROCEDURE……………………………………………………            2

ARTICLE 4:    SALARIES……………………………………………………………………….            4

ARTICLE 5:    TEACHING HOURS AND TEACHING LOAD………………………………..           6

ARTICLE 6:    CLASS SIZE…………………………………………………………………… 10

ARTICLE 7:    SPECIALISTS AND SPECIAL PROGRAMS………………………………… 10

ARTICLE 8:    NON-TEACHING DUTIES…………………………………………………… 10

ARTICLE 9:    TEACHER EMPLOYMENT…………………………………………………... 11

ARTICLE 10:  TEACHER ASSIGNMENT……………………………………………………. 11

ARTICLE 11:  TRANSFERS…………………………………………………………………... 13

ARTICLE 12:  VACANCIES AND PROMOTIONS…………………………………………... 13

ARTICLE 13:  POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL AND

                        POSITIONS PRINCIPALLY FINANCED BY FEDERAL FUNDS………….. 14

ARTICLE 14:  TEACHER EVALUATIONS…………………………………………………... 15

ARTICLE 15:  TEACHER FACILITIES………………………………………………………. 15

ARTICLE 16:  ASSOCIATION RIGHTS AND PRIVILEGES………………………………... 15

ARTICLE 17:  SICK LEAVE…………………………………………………………………... 17

ARTICLE 18:  SICK LEAVE BANK…………………………………………………………... 18

ARTICLE 19:  RETIREMENT…………………………………………………………………. 19

ARTICLE 20:  TEMPORARY LEAVES OF ABSENCE……………………………………… 20

ARTICLE 21:  EXTENDED LEAVES OF ABSENCE………………………………………... 20

ARTICLE 22:  SABBATICAL LEAVES OF ABSENCE……………………………………... 22

ARTICLE 23:  SUBSTITUTE TEACHERS…………………………………………………… 23

ARTICLE 24:  PROFESSIONAL DEVELOPMENT AND EDUCATIONAL

                        IMPROVEMENT………………………………………………………………. 23

ARTICLE 25:  INSURANCE/ANNUITY PLAN/403b………………………………………... 23

ARTICLE 26:  TEACHER PARTICIPATION IN RESEARCH, POLICY AND

                        CURRICULA…………………………………………………………………... 24

ARTICLE 27:  DUES DEDUCTION…………………………………………………………... 25

ARTICLE 28:  CONTINUITY OF EMPLOYMENT………………………………………….. 26

ARTICLE 29:  AGENCY FEE…………………………………………………………………. 26

ARTICLE 30:  SCHOOL COUNCILS AND SITE BASED MANAGEMENT……………….. 26

ARTICLE 31:  DURATION……………………………………………………………………. 27

APPENDIX A: EARLY RETIREMENT INCENTIVE PLAN…………………………………. 29

APPENDIX B: MALDEN HEALTH AND WELFARE AGREEMENT………………………. 30

MALDEN PUBLIC SCHOOLS…………………………………………………………………. 34

APPENDIX D – DIFFERENTIALS…………………………….. Error! Bookmark not defined.

APPENDIX E - ATHLETIC SALARIES………………………………………………………... 36

APPENDIX F: NURSES SALARIES…………………………………………………………… 37

APPENDIX G: SERVICE INCREMENTS……………………………………………………... 39

APPENDIX H: HEALTH INSURANCE………………………………………………………... 40

APPENDIX I: COMPUTER TECHNICIANS AND DATA ASSISTANTS…………………… 42

SIDE LETTERS…………………………………………………………………………………. 44

ATTACHMENTS……………………………………………………………………………….. 47

MEMORANDUM OF AGREEMENT………………………………………………………….. 49

 


 

AGREEMENT

BETWEEN

THE MALDEN SCHOOL COMMITTEE

AND

THE MALDEN EDUCATION ASSOCIATION

SEPTEMBER 1, 2013 TO AUGUST 31, 2014

 

PREAMBLE

 

Although this Agreement deals with the wages, hours and conditions of work of teachers in the City of Malden, its true objectives transcend these limited spheres. The School Committee seeks a happy, spirited and stimulating group of teachers, who, by example and precept, will inculcate in our children the highest standards of academic excellence and constructive citizenship. The teachers seek to be recognized as true professionals, intent primarily on the achievement of the educational objective, but in an atmosphere of dignity and in a milieu which recognizes the great contribution, past and potential, which they can make to the welfare of our community. As equals, then, and with a common purpose, we, the undersigned, have further dedicated ourselves to the true task of bringing to our students and our City the fullest achievement of which we are both capable.

 

ARTICLE 1: RECOGNITION

 

1.         The Committee recognizes the Association for purposes of Collective Bargaining as the exclusive representative of a unit consisting of all professional and teaching administrative employees of the Malden Public Schools, including technology employees but excluding the Superintendent, Assistant Superintendent(s), Business Manager, Administrative People, Personnel Services, Principals, Assistant Principals and Directors.

 

ARTICLE 2: NEGOTIATION PROCEDURE

 

2.01     Not later than September 15 of the calendar year preceding the calendar year in which this agreement expires, the Committee and the Association agree to enter into negotiations concerning a successor Agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' wages, hours, and other conditions of their employment. Such negotiations will include, but not be limited to, the items listed in the table of contents of this Agreement.

 

2.02     The Committee will make available to the Association for inspection all pertinent records of the school system. Individual personnel records of teachers maintained by the Committee and other records not in the public domain shall not be deemed to be "pertinent records."

 

2.03     As to those matters, if any, not covered by this Agreement, the pre-existing rules, regulations or policy of the Committee, if any, shall control. Before the Committee adopts a change in rules, regulations, or policy which affects wages, hours or any other condition of employment and which is not covered by the terms of this Agreement, the Committee will notify the Association in writing that it is considering such a change. The Association will have the right to negotiate with the Committee provided that it files such a request with the Committee within five (5) working days after receipt of said notice. Any agreement reached with the Committee will be reduced to writing, will be signed by the Committee and the Association, and will become an addendum to this Agreement.

 

2.03     Copies of this Agreement and the Rules and Regulations of the School Committee will be printed in manual form at Committee expense and made available to each teacher.

 

 

 


 

2.04     Should the Education Reform Bill or the resulting Department of Education regulations require adjustments in the Agreement, either the School Committee or the Association may initiate bargaining by giving written notice to the other side.

 

ARTICLE 3: GRIEVANCE PROCEDURE

 

3.01     DEFINITIONS

 

3 01.01                        A "grievance" is a claim that a party hereto has violated or failed to observe a specific term or provision of this Agreement, or a dispute as to the meaning, interpretation, or application of any specific provision of this Agreement.

 

3.01.02                        A "claimant" is the person(s) making the claim, the Association, or the Committee.

 

3.01.03                        A "party of interest" is the Committee, the Association, a person(s) making the claim, any person(s) who might be required to take action or against whom action might be taken in order to resolve the claim.

 

3.01.04                        The "immediate supervisor" is the lowest level administrative official with the power to resolve the grievance.

3.01.05                        "Day" shall mean school day unless otherwise stated.

 

3.02     PURPOSE

 

3.02.01                        The grievance procedure herein set forth is not intended by the parties to establish a procedure to alter the responsibilities, rights, or duties of either the Association or the Committee of any individual teacher, or the procedures to assert such rights and responsibilities as established by the laws of the Commonwealth.

 

3.02.02                        The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time constitute grievances.

 

Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

 

3.03     PROCEDURE

 

3.03.01                        Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process.

 

3.03.02                        If, in the judgment of the Association, a grievance(s) affects a group or class of teachers, the Association may submit such grievances in writing to the Superintendent directly and the processing of such grievance(s) will commence at Level Two. The Association may process such a grievance through all levels of the grievance procedure even though the claimant does not wish to do so.

 

3.03.03                        Any Grievance initiated by the School Committee shall commence at Level Two by discussion with the Association.

 

 

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3.03.04                        Either party to a grievance at Level Two or Level Three may elect to have a stenographic record kept provided written notice that a stenographer will be present is sent by registered mail at least three days prior to the date of the hearing. These records shall be the official records of the hearing and shall be made available to both parties. The cost of such records shall be paid by the party requesting same unless both parties agree to share the cost equally.

 

3.03.05                        Records of grievances and/or the results will not be placed in the personnel file of the aggrieved party, the claimant or any other party of interest unless so requested by the party to be placed in his/her file.

 

3.03.06                        LEVEL ONE

 

a.         Claimant may initiate this procedure by discussing it with his/her principal or immediate supervisor, either directly or through the Association's representative at the teacher's option, with the object of resolving the matter informally.

 

b.         In the event that an informal conference under (a) does not resolve the matter, or one of the parties to the grievance does not wish to use that procedure, the claimant may file a formal grievance in writing with the principal or immediate supervisor below the Superintendent.

 

c.         Within five (5) days of the filing of a formal grievance under Paragraph 3.03.06.b herein above, a meeting shall take place between the principal/immediate supervisor, the claimant and the Association representative and an answer to the grievance shall be given in writing no later than five (5) days after said meeting.

 

3.03.07                        LEVEL TWO

 

a.         If the claimant is not satisfied with the disposition of the grievance at Level One, or no written decision is received within five (5) days after the Level One meeting, the claimant may within five (5) days submit the grievance in writing to the Superintendent.

 

b.         Within ten (10) days after receipt of the written grievance by the Superintendent, the Superintendent will meet with the claimant and the Association representative in an effort to resolve it. The Superintendent shall render the resolution in writing within five (5) days of the meeting.

 

3.03.08                        LEVEL THREE

 

a.         If the Association or the Committee is not satisfied with the resolution at Level Two, or no decision has been rendered within five (5) days of the Level Two meeting, then the claimant may within ten (10) days submit the claim to binding arbitration to the American Arbitration Association. The parties will be bound to the rules and procedures of the American Arbitration Association subject only to the provisions of section (b) of Level Three.

 

b.         The costs of the arbitration will be borne equally by the Committee and the Association.

 

 

 

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3.04     RIGHTS OF THE PARTIES

 

3.04.01                        No reprisals of any kind will be taken by the Committee, the Association, or any party of interest against any participant in this process by reason of such participation.

 

3.04.02                        All negotiation or grievance meetings shall be held after regular school hours, whenever possible. When it is necessary pursuant to Article III (Grievance procedure) for a school representative, a member of the Grievance Committee or other representative designated by the Association to investigate a grievance or attend a grievance meeting or hearing during a school day, he will, upon notice to his principal or immediate superior and to the Superintendent of Schools by the Chairman of the Grievance Committee, be released without loss of pay as necessary in order to permit participation in the foregoing activities.

 

Any teacher whose appearance in such investigations, meetings, or hearings as a witness is necessary will be accorded the same right. The Association agrees that these rights will not be abused.

 

3.04.03                        The Committee and the Association will, upon request, provide each other with any documents which will assist them in developing intelligent, accurate, informed and constructive programs on behalf of the teachers and their students, together with any other available information which may be necessary to process or to avoid the institution of grievances under this Agreement.

 

3.04.04                        Should a grievance not be filed within thirty (30) school days following the alleged grievance, or 30 days from the date the claimant reasonably should have known of the incident relating to the alleged grievance, the rights of any party to process the grievance shall be deemed waived. This provision shall not apply to grievances where the alleged grievance is of a recurrent nature.

 

 

ARTICLE 4: SALARIES

 

4.01     Salaries of all persons covered by this Agreement are set forth in Appendix C and Appendix I shall be increased by 2%, retroactive to September 1, 2013. (See Appendices C-I) .

 

4.02     Effective September 1, 2014, all Unit A members will be enrolled in Direct Deposit, and paid to a bank designated by the member.

 

4.03     Effective September 1, 2014, all Unit members will be paid bi-weekly (see Note 1). Bargaining unit members may elect to receive their salary in twenty-six (26) or twenty-one (21) equal payments.

 

An individual must elect in writing, his/her salary option for a particular contract year by August 1 prior to the commencement of the contract year in which the election is to be effective. Said election shall remain in effect for that contract year, and shall continue from the contract year, and shall continue from contract year to contract year unless a member submits a different written option prior to August 1 for the next contract year.

 

 

 

 

 

 

 

 

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Note1: For the 2014-2015 contract year only, the first paycheck will be for the first week of school (one week), and thereafter be for two weeks/biweekly.

 

4.04     All new teachers must have a Bachelor's Degree from an accredited college or university and an appropriate Massachusetts teacher's certificate granted by the Massachusetts Department of Education.

 

4.05     Graduate degrees and credits will not be recognized unless granted by an accredited college or university.

 

4.06     Accredited colleges and universities are those approved by the New England Association of Colleges and Secondary Schools or by corresponding accrediting associations in other States.

 

4.07     Placement at an advanced step on the salary schedule is at the discretion of the Superintendent. Notification of such placement will be given to the Association.

 

4.08     Teachers of Occupational Education who have earned 15 credits beyond Vocational certification shall be placed on the B15 column of the Basic Salary Schedule in Appendix C.

 

4.09     Step rate increments based on experience become effective in September and are granted by the Superintendent of Schools. All increments depend upon satisfactory service and may be withheld by the Superintendent of Schools.

 

4.10     A teacher entering the service of the Malden Public Schools after the beginning of the school year is eligible for his or her increment on the anniversary day of commencement of teaching after his or her appointment. The second increment becomes effective on the next September 1, provided the date of commencement was prior to February 1.

 

4.11     Differentials allowed for advanced study become effective on September 1 and February 1 upon presentation of necessary evidence.

 

4.11.01                        Effective September 1, 2003, teachers who expect to move on the salary schedule as a result of increased educational credits shall notify the Superintendent by November 1 of the preceding year in which the salary increase is to take effect.

 

4.12     A Masters degree that requires thirty (30) hours over beyond that of regular Master's degree requirements will pay at the current rate of Master's + 30 plus appropriate recognition for additional credit hours.

 

4.13     Whereas sixty (60) units are required for a Master of Science in Social Service Degree or a Master in Social Work degree and only 30-34 units are required for a Master of Arts or a Master of Education Degree, the salary level should be either on the Master's +30 unit level or higher if the individual has the M.S.S.S. degree or the M.S.W. degree plus appropriate recognition for additional credit hours.

 

4.14     Should a teacher's paycheck be placed in the teacher's mailbox or delivered to the teacher's classroom, it will be placed in an envelope.

 

 

 

 

 

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4.15     Teachers who receive National Board Certification will receive $1,000.00 per year for five years. This additional stipend shall be payable per year and not added to the base salary.

 

4.16     Those department heads whose positions were eliminated as part of a system wide reorganization in 2001 and were not employed as directors shall have their salaries red-lined. Each department head will receive his/her stipend for the year 2001-2002 until such time as the teachers' salary schedule for the individual equals or exceed the stipend. At that time the former department heads shall be placed on the teachers' salary schedule.

 

ARTICLE 5: TEACHING HOURS AND TEACHING LOAD

 

5.01     The starting and dismissal times for students will be as follows, except in cases of emergency.

 

ELEMENTARY SCHOOLS:

Pre School & Kindergarten (one session AM or PM)               8:15 a.m. - 11:00 a.m.

11:45 a.m. - 2:15 p.m.

Full day Kindergarten & Grades 1 – 6                                     8:15 a.m. - 2:15 p.m.

GRADES 7 & 8                                                                                   8:00 a.m. - 2:20 p.m.

HIGH SCHOOL                                                                                   7:45 a.m. - 2:15 p.m.

 

The workday for teachers will be as follows:

 

ELEMENTARY SCHOOLS:

Pre-School and Kindergarten                                                   8:10 a.m. - 2:45 p.m.

Grades 1-6                                                                               8:10 a.m. - 2:45 p.m.

GRADES 7 & 8                                                                                   7:45 a.m. - 2:45 p.m.

HIGH SCHOOL                                                                                   7:30 a.m. - 2:45 p.m.

 

5.02     All teachers shall be permitted to leave on Fridays or the day preceding a school holiday at dismissal times. All teachers in the middle and senior high schools shall remain one day each week for one hour after dismissal time for the purpose of providing extra instruction for students who need or seek it. The starting and dismissal times are subject to modification by the Committee, provided however, that no such modification will increase the length of the teacher workday, except as the same may be increased by Statute or by rate or regulation of the State Department of Education.

 

5.03     Teachers attending professional development training courses will receive two credits for pay purposes.

 

5.03.01                        Effective January, 2003 one day each month will be early release for students. Teachers shall be required to attend meetings to discuss curriculum and other building issues as determined by the building principal. The early release day for the month of June will be the last day that students are in attendance.

 

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

 

 

 

 

 

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5.05     The work year of teachers (other than administrators and new personnel) shall begin no earlier than the Monday before Labor Day, however there will be no school Friday before Labor Day and the work year shall terminate no later than June 30th. The work year shall include 180 days of pupil instruction and four additional days, three of which shall be professional days. The fourth day shall be the day before the start of the student year. Effective for the 2000-2001 school year, there shall be 2 professional development days. Effective for the 2001-2002 work year, there shall be three professional development days. For the 2000-2001 school year, the additional day shall be scheduled at the end of the school year. Thereafter, the scheduling of the days shall be determined by the Superintendent and the Professional Development Committee.

 

5.05.01                        Effective in the year 2000-2001, the Wednesday preceding Thanksgiving shall be a half-day. Students will be released no later than 11:30.

 

5.05.02                        Effective September 1, 2003, Step 0 will be deleted from the salary schedule. New teachers will be required to work two additional days beyond the requirements of Article 5.05. Any new teacher hired on or after September 1 will be required to work the two additional days in the following school year.

 

5.06     The programs for professional development will be determined by the Professional Development Committee (PDC). The PDC shall be comprised of four representatives chosen by the Committee and four members chosen by the Association. The PDC shall be co-chaired by one person chosen by the Superintendent and one person chosen by the Association. The PDC shall approve all programs for in-service credit, and shall approve the programs for professional development days. It will determine the credit given for in-service courses and professional development days; it will approve the selection criteria for participation and verify that the programs meet the stated goals and that the person taking the course or program fulfilled the requirements to receive credits. It will determine and approve the hours, credits and the instructors. The PDC will, consistent with budget parameters set down by the Superintendent, determine the stipend a course or program provider receives, or, in the alternative, the in-service credit the provider shall receive for presenting the course or program. The PDC will be responsible to see that all offerings are posted stating the requirements of the offering, the time of the offering, the credits received, and a description of the offering. All postings will be sent out at least two weeks before the commencement of the offering.

 

5.07     Teachers may be required to remain after dismissal time (other than on Fridays or the day preceding a scheduled holiday or vacation period) without additional compensation for not more than one (1) hour to attend the following staff meetings:

 

5.07.01                        An average of one day a month for building meetings called by the school principal. In addition to the one hour meeting time, the principals may schedule an additional hour per year in increments of 15 minutes or 30 minutes. Effective September 2001, the time will be increased to 2 hours in increments of 15 minutes and 30 minutes.

 

5.07.02                        An average of one day a month for curriculum meetings, inservice training programs and workshops or other meetings authorized by the Superintendent of Schools, except in the event of institution or new programs, in which event more frequent attendance at meetings may be required for a limited period of time.

 

 

 

 

 

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5.08     Teachers shall be required to attend three (3) evening meetings per year: one for a fall open house, the second after the first marking period, and the third after the second marking period.

 

5.08.01                        Effective September 1, 2003 parent conferences for kindergarten and pre­school will be scheduled after progress reports are distributed to parents.

 

5.09     When scheduling permits, all teachers in the middle and senior high schools will have at least one preparation period per day during which they will not be assigned to any other duties in addition to their lunch period. At no time hereafter shall the Committee be required to hire any additional personnel to comply with the requirements of this paragraph.

 

5.09.01                        Elementary teachers, including exploratory teachers, will have one prep period each day for a total of five (5) prep periods per week. (Excluding ELT schools, which have Side Letter language on Prep/CPT to be addressed separately).

 

5.09.02                        A Joint-Labor Management Committee will study Preparation Time and Common Planning Time. The Committee shall report any recommendations no later than January 31, 2015. Any recommendation will be brought before the MEA and the School Committee for ratification.

 

5.10     There will be a fifteen minute recess period each morning in the elementary schools. Each elementary school teacher will be off duty for such recess period every other day or the equivalent thereof, provided the recess is outdoors. If the recess is indoors, the principal will attempt to schedule equivalent time.

 

5.11     Teachers will have a duty-free lunch period of thirty (30) minutes every day. Lunch periods can be scheduled between 10:45 A.M. and 1:15 P.M. No elementary teacher will be required to supervise the lunch period of children at any time.

 

5.11.01                        Nurses will have a duty free lunch period of 30 minutes every day. Lunch may be interrupted only be medical emergencies identified by the administration or the nurse. Lunch time will be determined by the school principal, school nurse and the nursing supervisor dependent on the health care needs of the school.

 

5.12     Academic subject area middle and senior high school teachers will not be assigned more than five teaching periods per day. However, if the principal in consultation with the department heads has exhausted all scheduling possibilities and is unable to accomplish the above schedule, he/she may, on an emergency basis, schedule a teacher for not more than 25 instructional periods per week. Department heads shall not be required to teach more than three periods per day. No teacher in the middle school or senior high school will be required to teach the same academic class of students two periods in one day except where scheduling problems exist. This clause shall not apply to lab or similar situations.

 

5.13     It is the policy of the School Committee that secondary school teachers will not be required to teach more than two subjects, nor have more than a total of three teaching preparations within said subjects at any time.

 

 

 

 

 

 

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5.14     Teachers in the middle and senior high schools who are requested to take additional teaching assignments will be compensated for that assignment on a pro-rata basis per class period.

 

5.14.01                        When an elementary school teacher is absent and no substitute teacher is available and a teacher is required to teach a double class, he/she will be compensated on a pro-rata basis for an extra day. This paragraph shall not apply to teachers involved in team teaching, open classroom teaching or other innovative programs implemented hereafter.

 

5.14.02                        A duplicate form jointly agreed upon by the Malden Education Association and the Malden School Committee will be filled out in the principal's office and signed by the principal, under normal circumstances prior to the teacher receiving the class, but in any event by the close of the school day.

 

5.14.03                        Teachers who are caused to lose preparation time, lunch time, duty-free time, or work beyond the regular workday to attend or participate in meetings connected with the implementation of Chapter 766 shall be compensated for that time on a pro-rata basis.

 

5.14.03                        It is recognized that Guidance positions may require additional time beyond the school year to fulfill their professional duties. If required by the superintendent, these positions will be assigned to work an extended work year of no more than five (5) days (adjusted to their current full-time equivalent status), to be compensated on a per-diem basis. All prior accumulated Flextime will remain available through June 30, 2019 (5 years)

 

5.15     Teacher participation in extracurricular activities will be voluntary. Teachers will be compensated for certain activities in accordance with the provisions of Appendix "E" of this Agreement.

 

5.16     Before establishing the school calendar, the School Committee will consult with the Association. Once the calendar has been established, the Committee will not affect any changes without first consulting with the Association.

 

5.17     Whenever practicable, homeroom and/or non-teaching responsibilities and assignments will be made on a rotating basis.

 

5.18     Sufficient time for completion of various statistical reports, surveys, and requests for information shall be given to administrators whenever possible.

 

5.18.01                        During the first three marking periods, teachers' grades will be due no earlier than four (4) working days after the closing of grades or receipt of computer cards/report cards, whichever is later. This means that grades are due no earlier than the start of the fifth workday.

 

5.19     Members of the bargaining unit shall be allowed to leave the building during duty-free time subject to the following conditions:

 

5.19.01                        The unit member signs out and signs in at the main office or at a location designated by the principal.

 

 

 

 

 

 

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5.19.02                        The principal shall have the right to restrict the number of people out of the building at any time. This restriction shall be to ensure safety in the building and to maintain a sufficient complement of staff to handle emergency situations.

 

5.19.03                        A unit member who has abused this right, or has failed to meet the sign-in and sign-out condition, or fails to report back to work timely may have the right revoked for the remainder of the school year.

 

5.19.03                        Should problems arise in this section, upon written request by the Superintendent the Association agrees to reopen this clause for negotiations with the Superintendent of Schools.

 

5.20     The School Committee agrees to work toward having all school buildings open and accessible after the close of the school day.

 

ARTICLE 6: CLASS SIZE

 

6.01     As facilities and staff become available, the Committee and the Association will work toward the following enrollment formula:

Kindergarten - Elementary                               20

Middle School                                                 20-25

Middle and High School Academic Subjects   25

Physical Education                                          30

 

ARTICLE 7: SPECIALISTS AND SPECIAL PROGRAMS

 

7.01     The Committee and the Association recognize that an adequate number of competent specialists is essential to the operation of an effective educational program.

 

7.02     In the institution of such new programs, the Committee will call upon competent sources of information and experience in making its determinations, including graduate schools of education, interested citizens of the city, the heads of departments and the Association for consultation and advice.

 

7.03     The Association recognizes that the ultimate decision in the matter of educational policy is that of the Committee and agrees that it will in good faith cooperate with and render advice to the Committee.

 

ARTICLE 8: NON-TEACHING DUTIES

 

8.01     The Committee and the Association agree that a teacher's primary responsibility is to teach and that his/her energies should, to the extent possible, be utilized to this end. The parties recognize, however, that a certain amount of administrative and clerical work must be accomplished and performed by all professional personnel, including teachers. It is the policy of the Committee to keep such administrative and clerical functions to a minimum so that the teaching time will not be infringed upon. Therefore, the Committee agrees, to the extent possible, that administrative arrangements will be instituted to limit non-teaching duties.

 

8.02     Teachers will not be required to keep the State daily attendance register as long as the Committee has the use of the City of Malden's computer to keep such register.

 

 

 

 

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ARTICLE 9: TEACHER EMPLOYMENT

 

9.01     Full credit will be given for previous teaching experience upon initial employment,

 

9.02     Teachers with previous teaching experience in Malden will, upon returning, receive full credit on the salary schedule for all teaching experience, Action Corps, and any other educational program approved by the Committee.

 

9.03     Teachers who have not been engaged in teaching on a full-time basis will, upon returning, be restored to the next step on the salary schedule above that at which they left, provided the teacher has completed five months on the previous salary step.

 

9.04     Previously accumulated unused leave days will be restored to all returning teachers.

 

9.05     Teachers must provide at least thirty (30) days notice to the Superintendent of their intention to resign. In addition, teachers resigning shall participate in an exit interview with the Superintendent of Schools or his/her designee.

 

ARTICLE 10: TEACHER ASSIGNMENT

 

10.01   Teachers with one year or more experience in the Malden School System will be notified in writing of change in their program for the coming school year, including change in the schools to which they will be assigned and the grades and/or subjects that they will teach, as soon as practicable, and under normal circumstances not later than June 15.

 

10.02   In order to assure that pupils are taught by teachers within working areas of competence, teachers will not be assigned, except temporarily and for good cause, outside the scope of their teaching certificates and/or their major or minor fields of study.

 

10.03   Good educational practice requires that teachers be assigned to teaching grades or subjects of their preference if they have competence in these areas. To the extent possible, such preferences will be honored.

 

10.04   In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of inter-school travel. Such teachers will be notified of any changes in their schedules as soon as practicable.

 

10.05   REDUCTIONS IN FORCE

 

10.05.01          Should the Committee decide to reduce the number of positions in the bargaining unit for any reason, such reduction shall be consistent with the General Laws of the Commonwealth, the Regulations of the Department of Education, and this Agreement. There shall be excluded from the operation of this subparagraph substitutes, persons filling temporary vacancies, or persons replacing anyone on leave. There will be a district goal of no (0) layoffs, but if there are any there will be no more than ten (10) district wide for school year 2011-2012.

 

10.05.02          The order of layoff shall be as follows:

 

10.05.02.01     DEFINITIONS:

 

 

 

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Seniority          Length of continuous employment in the bargaining unit measured from the first day for which compensation was received, including time spent on paid and unpaid leaves of absence. Beginning September 1, 1983, a bargaining unit member can accrue up to one year only of seniority for time spent on an unpaid leave of absence. Unpaid leave time in excess of one year shall not accrue seniority but shall not constitute an interruption in continuous employment.

 

Qualified          Certified or possessing all requirements for certification by the Massachusetts Department of Education.

 

Subject Area in Elementary Education - Shall be defined as having been assigned for at least one semester to elementary education.

 

Subject Area in Secondary Education - Shall be defined as having been assigned for at least one semester in a qualified area.

 

10.05.02.02     In the event that two teachers have the same first day employment, then the teacher who has reached the highest position in the "Basic Salary Schedule" which appears in the Appendix shall have seniority.

 

10.05.03          Procedure of layoffs.

 

10.05.03.01     No teacher with professional teacher status shall be laid off if there is a teacher without professional teacher status holding a position which the teacher with professional teacher status is qualified to fill.

 

10.05.03.02     No teacher with professional teacher status shall be laid off if there is another teacher with professional teacher status with less seniority holding a position which he/she is qualified to fill.

 

10.05.03.03     No teacher without professional teacher status shall be laid off if there is another teacher without professional teacher status with less seniority holding a position which he/she is qualified to fill, provided such teacher without professional status has taught in Malden in the subject area within the last three years.

 

10.05.04          All layoffs will be effective after the last workday of the school year. Teachers to be laid off shall be notified within 7 days after the action of the School Committee reducing the positions in the Unit. All teachers with non-professional status shall be notified no later than June 15.

 

10.05.05          Rights of teachers on layoff

 

10.05.05.01     The recall period for any teacher laid off shall be three years from the effective date of the layoff. This provision shall not apply to teachers with less than three years in the Malden School System.

 

Recall rights shall be extended to four years for unit members laid off effective for 1990­1991 and 1991-1992.

 

10.05.05.02     Teachers shall be recalled in the reverse order of the effective date of the layoff to fill only those vacancies from which a teacher is qualified at the time of recall.

 

 

 

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10.05.05.03     During the layoff period a teacher will be considered to be on a leave of absence without pay.

 

10.05.05.04     Teachers laid off shall have preference for all substitute assignments.

 

10.05.05.05     Should more than one position exist for which a teacher or teachers on layoff be qualified to fill, the senior qualified teacher will have first choice of position.

 

10.05.05.06     The first time a teacher recalled under this provision refuses the vacancy, that teacher shall be placed at the bottom of the recall list. The second time a teacher refuses a vacancy, the teacher shall be removed from the recall list.

 

ARTICLE 11: TRANSFERS

 

11.01   A transfer shall be defined as a change from school to school and/or a change from department to department. Teachers of art, music, special needs, reading, bilingual classes, physical education and Chapter 1 shall not be considered as elementary classroom teachers for the purposes of this Article. An involuntary transfer shall be a transfer not agreed to or initiated by the unit member being transferred.

 

11.02   When a position is open, any teacher with professional teacher status shall be granted an interview by the principal for the open position. In making assignments, the qualifications, wishes, length of service of the teachers and an estimate of the best interests of the Malden School System will be the criteria used.

 

11.03   When involuntary transfers are necessary, a teacher's area of competence, major and/or minor field of study, quality of teaching performance, and length of service in the Malden School System will, among other things, be considered in determining which teacher is to be transferred.

 

11.04   An involuntary transfer will be made only after a meeting between the teacher involved and the Superintendent (or his designee) at which time the teacher will be notified of the reasons for the transfer. The teacher may request a member of the Associations Professional Rights and Responsibilities Committee to be present at the meeting. Such transfers shall be made only for the good of the system and shall not be made for arbitrary, capricious, or punitive reasons.

 

11.05   In the case where an involuntary transfer is made, the vacant position will be posted so that present employees may be applicants for the position.

 

11.06   A list of open positions in the schools will be given at the time of notice of involuntary transfer to any teacher being involuntarily transferred. All other factors being equal, preference will be given in filling such positions on the basis of length of service in the Malden School System.

 

11.07   Notice of involuntary transfer will be given to teachers as soon as practicable.

 

ARTICLE 12: VACANCIES AND PROMOTIONS

 

12.01   A vacancy shall be defined as any position in the bargaining unit which is open and which no member in the unit on leave has a contractual right to fill. Vacancies occur due to resignation, retirement, or other termination of a unit member, or when a new position is created.

 

 

 

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12.01.01          A promotional vacancy shall be defined as an unfilled position listed as having an administrative ratio. A unit member moving from one administrative ratio position to another with the same title and ratio shall be considered as a transfer.

 

12.01.02          A temporary vacancy shall be defined as a position to which a unit member on leave has a claim pursuant to Article 21. These positions shall be posted as temporary vacancies and must be reposted and filled should they become a vacancy defined in 12.01.

 

12.02   Whenever any vacancy in an administrative, supervisory, or extracurricular level position occurs during the school year (September to June), it will be publicized by mailing thirty (30) copies of the notice to the President of the Association. During the months of July and August, the Superintendent shall send postings of vacancies and promotions within the system to those teachers who request them. Such requests for notification shall be made in writing to the Superintendent prior to June 30.

 

12.03   All other professional positions, not included in Article 12.02, will be posted for informational purposes.

 

12.04   The qualifications for the position, its duties, and the rate of compensation will be clearly set forth. No person shall be hired for such position unless he meets the posted qualifications. No vacancy will be filled, except on a temporary basis, until after the period of time posted for the filing of applications. The closing date for applications shall be no sooner than 14 days from the initial date of posting.

12.05   Qualifications for all positions for which there is a supplementary salary will be filed with the Association on the opening day of school each year.

 

12.06   The Association agrees not to grieve nor to support a grievance alleging that the Committee has failed to fill a vacancy in a bargaining unit position for the duration of the contract. The Committee may at its discretion choose to fill a vacancy or allow the vacancy to remain unfilled for the duration of the Agreement.

 

ARTICLE 13: POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL AND POSITIONS PRINCIPALLY FINANCED BY FEDERAL FUNDS

 

13.01   The summer school program is under the general supervision of the School Committee. Qualified Malden teachers will be offered positions, but the parties agree that no special priority for such employment shall be due Malden teachers, except as hereinafter set forth.

 

13.02   All openings for summer school and evening school positions and for positions principally financed by federal programs will be adequately publicized by the Superintendent in each school building as early as possible and teachers who have applied for such positions will be notified of the action taken regarding their applications as early as possible. Under normal circumstances, summer school and evening school openings will be publicized not later than the preceding April 1 and June 1, respectively, and teachers will be notified of the action taken not later than June 15 and September 1, respectively.

 

 

 

 

 

 

 

 

 

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13.03   In filling such positions, consideration will be given to a teacher's major and/or minor field of study, quality of teaching performance, attendance record; and, in regard to summer school or evening school positions, previous summer school or evening school teaching experience.

 

ARTICLE 14: TEACHER EVALUATIONS

 

WAITING FOR EVALUATION LANGUAGE FROM LISA

 

ARTICLE 15: TEACHER FACILITIES

 

15.01   It is and will continue to be the policy of the Committee to provide for each school building whenever possible within the power of the Committee, the following facilities:

 

15.01.01          Space will be provided in each classroom in which all teachers may safely store and lock instructional materials, supplies and personal possessions. The Committee will only be required to use and repair present facilities and equipment to comply with the requirements of this paragraph.

 

15.01.02          Space will be provided for a teacher work area containing adequate equipment and supplies to aid in the preparation of instructional materials.

 

15.01.03          An appropriately furnished room, which will include a telephone (subject to the policy of NYNEX), to be reserved for the exclusive use of the teachers as a faculty lounge will be provided. This room will be in addition to the teacher work area.

 

15.01.04          A serviceable desk and chair for the teacher in each classroom will be provided.

 

15.01.05          A communications system so that teachers can communicate with the main building office from their classroom will be provided.

 

15.01.06          A well-lighted and clean male teachers' rest room and a well-lighted and clean female teachers' rest room will be provided whenever possible.

 

15.01.07          Off-street parking or parking sticker privilege for street parking of teachers' automobiles will be available. Stickers may be purchased by the teachers.

 

15.01.08          A room will be provided at the high school for an educational and vocational guidance research center if the public property committee will make the necessary structural changes.

 

15.02   The School Committee will consult with the Association prior to making a decision to add or eliminate any satellite schools or to institute a half-day program.

 

ARTICLE 16: ASSOCIATION RIGHTS AND PRIVILEGES

 

16.01   The Association will have the right to use school buildings without cost at reasonable times for meetings. Normal fees for custodial services, when applicable will be paid by the City of Malden but not to exceed two meetings per year. The principal of the building in question will be notified in advance of the time and place of all such meetings.

 

 

 

 

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

 

16.03   At the beginning of each school year, the Association shall be provided with a list of the new teachers in the system and a list of the distribution of teachers on the current salary schedule.

 

16.04   Every new teacher, upon being hired, shall be given a copy of the master contract.

 

16.05   The teachers serving as President and Vice-President of the Association will be allowed to leave his/her station at 2:00 P.M. or 2:15 P.M., depending upon his/her assignment, to perform necessary duties as President and Vice-President of the Association. At the secondary level, the President and Vice-President shall be available for office hours one day a week pursuant to 5.02.

 

16.05.01          The position of the Association President shall be a full time release position. The Association will reimburse the Malden Public Schools the cost of the replacement up to $40,000 in each of the three years of this Agreement.

 

16.05.02          The teacher serving as Vice-President will be allowed to leave his/her station at 2:15 P.M. to perform necessary duties. If the Vice President is on the staff of the high school or grades 6-8, he/she will be assigned only an academic class schedule. He/She will not be assigned additional duties unrelated to his/her academic responsibilities. If the Vice-President is pre-school to grade 5, he/she will be assigned a schedule with the intent of matching the schedule as if the Vice President were at the high school or grades 6-8.

 

16.06   Upon ten (10) days prior notice, whenever practicable, no longer than three (3) days off with pay will be given to Association representatives to attend M.T.A. and/or N.E.A. conventions and conferences. No more than three (3) people may participate in any one conference or convention.

 

16.07   Upon ten (10) days prior notice, delegates to the M.T.A. Annual Meeting of Delegates requesting a day off, shall be paid minus the cost of a substitute. Not more than one delegate will be allowed for each fifty members.

 

16.08   The Committee agrees that not more than three (3) members designated by the Association will, upon request to the Committee made not later than April 1 of any year, be granted a leave of absence commencing the following September for up to two (2) years without pay for the purpose of assuming an elected slate or national office in the Association or participating in full-time state or national Association programs solely of a scholastic educational nature.

 

16.09   There will be no restraint, coercion, discrimination or reprisals of any kind by any teacher, the administration, the Association or the School Committee against any teacher by reasons of his membership or non-membership in the Association or participation in its activities.

 

 

 

 

 

 

 

 

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16.10   The Association will be provided with thirty (30) copies of minutes of official Committee meetings (except minutes of executive session meetings) that are distributed to Committee members at official meetings as soon as possible after such meetings. A copy of the official agenda of the meeting, and any attached documents, will be mailed to the Association prior to said meeting.

 

16.11   A list of all teachers and their assignments shall be given to the Association at the beginning of each school year as soon as it is prepared for publication.

 

16.12   Payroll deductions for VOTE.

 

ARTICLE 17: SICK LEAVE

 

17.01   Teachers will be entitled to fifteen (15) sick leave days each year as of their first official day of said school year, whether or not they report for duty on that day, except in the case of first year teachers, who will be entitled to fifteen (15) sick days when they report for duty. Sick leave may be accumulated from year to year without limit. Sick leave is for personal illness; however, up to thirty (30) days of sick leave may be used each year for the illness of a family member of a teacher's household or an immediate family member. With the approval of the Superintendent, up to fifteen (15) days of sick leave may be used each year for the illness of a significant friend residing outside of a teacher's household.

 

17.02   A bargaining unit member who is absent in excess of five consecutive days shall call the Superintendent's designee indicating the anticipated date of return to work. Should the absence continue to ten consecutive days, the unit member shall, if the Superintendent requests in writing, provide a doctor's certificate setting forth the diagnosis and prognosis of the illness and an opinion as to when the unit member will be able to work. The Committee may request an additional examination by another doctor at the Committee's expense if the period of illness or disability is for a period in excess of 15 school days. The Committee shall submit a list of three doctors, and the bargaining unit member shall choose one of the three.

 

17.03   Additional days leave for illness in the family may be authorized by the Superintendent in accordance with previous practice and existing rules and regulations of the School Committee.

 

17.04   If in the actual performance of teaching a battery occurs, a teacher shall be credited with sick leave in addition to that credited to him/her at the time of his/her battery. The additional sick leave shall be equal in duration to the period of his/her absence as a result of such battery.

 

17.05   If in the actual performance of duty an injury occurs, a teacher shall be credited with leave up to fifteen (15) school days, which days shall be granted prior to the regular sick leave to which this teacher is entitled.

 

            The additional days shall be granted subject to medical proof that the injury occurred in the actual performance of duty.

 

17.06   In instances where there is a loss of pay resulting from absence, the daily rate for the deduction will be 1/182nd* of the annual salary. *Effective 9/95

 

 

 

 

 

 

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17.07   An annual statement will be provided each September stating the number of sick days accumulated.

 

17.08   Superintendent of Schools shall bring any suspected case of sick leave abuse before a committee comprised of 2 members of the administration and 2 members of the Union. If the committee is unable to agree on an appropriate remedy, the parties shall have the matter determined by submitting to an expedited arbitration process.

 

ARTICLE 18: SICK LEAVE BANK

 

18.01   There shall be a Sick Leave Bank available to all members of the bargaining unit. The "bank" and membership in it shall be established in the following way:

 

18.01.01          Each member of the bargaining unit will have one sick-leave day deducted from his yearly allotment to initially implement the bank.

 

18.01.02          All members of the bargaining unit will participate in and be eligible for the Sick Leave Bank.

 

18.01.03          Should the "bank" fall below 100 days, each member of the unit will be assessed to contribute a sick-leave day.

 

18.01.04          If a member has no sick leave days, he/she will automatically be assessed the day owed at the end of September of the following year.

 

18.01.05          Should a teacher leave the system owing a sick-bank day, he/she shall be liable for a substitute's daily pay.

 

18.01.06          When a teacher enters the system, he/she shall have one sick leave day deducted for the bank after thirty (30) days employment. This provision will not be applied to teachers entering after May 15.

 

18.02   THE SICK LEAVE BANK WILL BE ADMINISTERED AS FOLLOWS:

 

18.02.01          The Sick Leave Bank Committee shall be comprised of six members. The President of the Malden Education Association shall appoint three members. The Superintendent shall be a member and two members of the School Committee, appointed by the School Committee, shall be members.

 

The Bank shall be administered in accordance with the guidelines of this Article. One of the Association representatives shall serve as chair of the Sick Leave Bank Committee.

 

18.02.02          Before being eligible to draw on the Sick Leave Bank, all sick leave, current and accumulated, must be exhausted with the following exception: a teacher who, through illness, anticipates he will exhaust all available leave may apply ten days prior to exhaustion of his/her sick leave.

18.02.03          Members of the bargaining unit who have extended illness and who have exhausted all of their sick leave may apply in writing to draw on the "bank."

 

 

 

 

 

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18.02.04          The initial request from the bank shall not exceed ten (10) days. After the initial request has been exhausted, a member can file for up to 30 days. All further requests from the ''bank" shall not exceed 30 days in any request. Authorization or refusal for "bank" days must be in writing and signed by the Chair of the Sick Leave Bank Committee, although only five votes shall be needed to refuse or grant a sick-bank request.

 

18.02.05          The Superintendent of Schools shall bring any suspected case of sick leave bank abuse before the Sick Leave Bank Committee. Should the Sick Leave Bank Committee, by majority vote of those present and voting, determine that an abuse pattern does exist, the matter will be remanded back to the Superintendent. Should the Superintendent take disciplinary action, such actions shall be subject to review as progressive discipline under the just cause provisions of Article 14.

 

18.02.06          All requests from the "bank" shall be accompanied by a doctor's statement certifying the illness and the anticipated time needed for recuperation sufficient to return to work. The Sick Leave Bank Committee may, if it feels the situation warrants it, request a second doctor's opinion.

 

18.02.07          Members of the unit may not draw from the Sick Leave Bank until they have exhausted their total accumulated sick leave, plus a three day period. Teachers will not collect from the bank for these days and are eligible to collect for the remaining days at a rate that is 80 percent of the teacher's daily pay rate (1/182* of the teacher's yearly salary) at the time the teacher last worked. *(Eff. 9/95)

 

18.02.08          The School Committee's cost in terms of workdays shall not exceed 300 workdays in any school year. This means that the Sick Leave Bank Committee may not award in excess of 375 sick leave bank days in any school year. The Association and, the Committee agrees that a pilot program for disability insurance, either through a city-wide policy or the Health and Welfare Fund, shall be researched by a committee of three persons chosen by the School Committee and three persons chosen by the Association. The parties will return to the table to negotiate, with the aid of this Committee, no later than August 31, 1990.

 

18.02.09          Decisions of the Sick Leave Bank Committee shall be made by a majority vote of those members present and voting. In the event of a tie vote, the issue will be resolved pursuant to the arbitration section of this Agreement.

 

18.02.10          The modifications in 18.02.01, 18.02.05, 18.02.08 and 18.02.09 expire as of the expiration date of this Agreement. Unless the Committee and the Association agree to continue them or modify them, Article 18 shall return to the language of the Agreement expiring August 31, 1987.*

 

*Note: A copy of the 1987 agreement is attached following the side letters.

 

ARTICLE 19: RETIREMENT

 

19.01   Upon notice to the Superintendent that a teacher will retire from service in the Malden Public Schools on a certain date, teachers will be compensated for their remaining months of teaching not to exceed ten (10) months at the rate of one hundred ($100) dollars per month.

 

 

 

 

 

 

 

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19.02   Upon retirement or layoff covered under Section 10.05 (Reductions in Force), a teacher shall receive $10 per day for all unused sick leave. In the event of the death of a teacher, the teacher's estate will be awarded $10 per day for each day of the unused sick leave that the teacher has accrued as of the date of his/ her death.

 

ARTICLE 20: TEMPORARY LEAVES OF ABSENCE

 

20.01   Teachers will be entitled to temporary leaves of absence with pay up to five days each school year upon application and approval by the Superintendent of Schools for the death of a spouse or domestic partner, mother, father, sister, brother, grandmother, grandfather, child, mother-in-law or father-in-law. Teachers will be entitled to three days for grandmother/grandfather of a spouse or domestic partner, aunt or uncle or sister-in-law or brother-in-law of the applicant.

 

20.02   Three days of personal leave may be utilized during any school year for imperative personal business which could not be effectively conducted outside of the school hours. Requests for such leave must be made in writing to the Superintendent of Schools as soon as possible and not less than 48 hours (except in cases of emergency) before the absence occurs. This leave shall not be requested so as to extend a holiday or vacation period. Approval of such leave shall not be unreasonably withheld. If a unit member does not use these personal days in a school year the days will be credited to the unit member's sick leave account.

 

20.03   The Committee encourages visits by teachers to other school systems and attendance at educational meetings for purpose of study and examination of new and different teaching methods, curricula or plans. Accordingly, permission for such visitations will be given upon application to and approval by the Superintendent.

 

20.04   A bargaining unit member serving on jury duty shall receive the difference between the member's per diem salary and the amount received while on jury duty, excluding meal and travel expenses.

 

ARTICLE 21: EXTENDED LEAVES OF ABSENCE

 

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

 

21.02   Any teacher with professional teacher status shall be eligible for two one-year leaves of absence, without pay, for any reason, except for the purpose of accepting a teaching position in another school system, during the unit member's career in the Malden School System. This exception shall not apply to exchange programs and overseas teaching. Leaves under this section shall be requested in writing, and the applicant shall notify the school system at least 60 calendar days before the leave commences. These leaves shall run from September to June.

 

 

 

 

 

 

 

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Except in cases of medical reason for the leave, childrearing or unforeseen circumstances, applicants for leave under this section shall give at least 60 calendar days' notice before the leave commences. Teachers are encouraged to make the one year leave run from September through June, thus minimizing disruption in the classroom. These leaves shall not be covered in the limits stated in Article 21:02.

 

21.02.01          A bargaining unit member who becomes a parent by birth or adoption shall be eligible for a child-rearing leave in accordance with the following provisions:

 

1.         The leave must commence upon receipt of the child or recovery from child-bearing disability. A unit member may access their accrued sick time for up to eight (8) weeks.

 

2.         If the child is received or born before December 31 of the work year, the unit member may have an unpaid leave until the first work day of the next school year.

 

3.         If the child is received or born after December 31 of the work year, the unit member may have an unpaid leave until the first work day of the next school year or the first work day of the next subsequent work year as requested by the unit member.

 

21.03   All benefits to which a unit member was entitled at the time a leave of absence commenced, including unused accumulated sick leave, will be restored upon return from leave. Teachers returning from leave shall be entitled to a position in the unit in accordance with the following provisions.

 

21.03.01          If a unit member returns from a leave of one year or less in duration, the member will be restored to the position left, if that position still exists.

 

21.03.01.01     If the position last held by the unit member is eliminated, the member will be treated as a member immediately displaced due to job elimination.

 

21.03.01.02     To be eligible for placement in accordance with 21.03.01, a member must serve at least one year's service between leaves of absence.

 

21.03.02          If a unit member returns from a leave at the commencement of the school year following the first anniversary of the commencement of leave, the member will be restored to the position left, if that position still exists.

 

21.03.02.01     If the position last held by the unit member is eliminated, the member will be treated as a member immediately displaced due to job elimination.

 

21.03.02.02     To be eligible for placement in accordance with 21.03.02, a member must serve at least one year's service between leaves of absence.

 

21.03.03          If a unit member returns from a leave at a time not covered in 21.03.01 or 21.03.02, the member will be assigned to a unit position which the member is qualified to hold. Every effort will be made to assign the member to a position substantially equivalent to the position held when the leave commenced.

 

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

 

 

 

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21.05   Any time a teacher is recalled under the provisions of Article 10, that teacher shall not be granted an unpaid leave of absence for one year from date of the teacher's first day of work. Requests for maternity leave, disability, and family illness shall be exempt from this Article.

 

21.06   Any and all waivers of 21.02 allowing more than two one-year leaves of absence are void as of September 1, 1995. Teachers taking leaves between the 1989 school year through and including the 1994 school year shall not have these leaves count in the two one-year leave limit.

 

21.07   The parties agree that for purposes of the Federal Family Medical Leave Act (FMLA), the twelve work weeks of leave during any twelve month period will be measured by using a "rolling" twelve month period, measured backward from the date an employee uses any FMLA leave.

 

21.08   Any teacher on an extended leave of absence must notify the Superintendent of his/her intent to return in writing by April 15.

 

ARTICLE 22: SABBATICAL LEAVES OF ABSENCE

 

22.01   One semester's leave of absence at full pay or one year's leave of absence at half pay for professional improvement through study may be granted by the Malden School Committee to members of the instructional staff of the Malden Public Schools subject to the following conditions:

 

22.01.01          Such leaves shall be granted only to personnel who are of professional teacher status in the Malden Public Schools. The number of leaves to be granted shall be determined each year by the School Committee.

 

22.01.02          Applications from eligible applicants must be submitted prior to April 15 for leave beginning the following September or the following February. No leave can become effective at any other time of the year.

 

22.01.03          Each application must include a proposed plan of study or research, a statement of the applicant's professional purpose and the expected value to the Malden Public Schools. The application should include the name of the school to which he/she intends to apply. Leave may be granted conditionally upon his/her being accepted to that school.

 

22.01.04          In granting leaves of absence, the School Committee will take into consideration the recommendation of the Superintendent and a committee appointed by him/her, consisting of administrators and teachers, and the educational value to the Malden Public Schools of the proposed project. Persons applying for Sabbatical Leave shall be notified in writing prior to June 1 of the Committee's decision. The reasons granting or denying such leave shall not be required to be part of such written notice.

 

22.01.05          Personnel granted leaves of absence will receive full pay for one semester or half pay for one year. Professional teaching status, regular salary increments and status shall not be impaired.

 

 

 

 

 

 

 

 

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22.01.06          Prior to the granting of such leave, an applicant shall enter into a written agreement with the Malden School Committee that, upon termination of such leave, he/she will return to service in the Malden Public Schools for a period double the length of the Sabbatical Leave, and that in default of completing such service, he/she will refund to the City of Malden an amount equal to such proportion of salary received by him/her while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered unless this failure is due to illness, disability or death, and shall be so stated on his record.

 

22.01.07          Tuition costs for one semester will be defrayed by the Malden Public Schools. For those teachers who are granted a Sabbatical Leave for a second semester, the Committee will pay one-half the tuition costs for this second semester.

 

22.01.08          The School Committee may require progress reports from members on Sabbatical Leave and may, in its discretion, terminate any leave which does not reflect the best interests of the Malden Public Schools.

 

22.01.09          The School Committee reserves the right to make such further rules and regulations on this matter as it deems advisable.

 

22.01.10          When a teacher returns from a Sabbatical Leave, if a change in assignment is necessary, he/she will be considered under the conditions of involuntary transfer, Article 11.

 

ARTICLE 23: SUBSTITUTE TEACHERS

 

23.01   Positions which will be vacant for at least one (1) semester due to illness or promotion occurring during the school year, will, to the extent possible, be filled by personnel who have met the State Certification requirements. After a 30 day trial period in such position, such substitute teacher will be paid at the rate of $210 per day and will be a member of the bargaining unit as defined in this agreement. When a substitute moves to another long-term position within a month, the $210 per day rate will be maintained for that long-term assignment without starting the probationary period again.

 

23.02   The same substitute teacher should be sent to the classroom on consecutive days of absence of the regular classroom teacher, if possible.

 

ARTICLE 24: PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

 

24.01   The Malden Public Schools 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, and with the advance approval of these expenses by the Superintendent, or, in case of inter-state travel, of the School Committee.

 

ARTICLE 25: INSURANCE/ANNUITY PLAN/403b

 

25.01   Teachers will be covered for the duration of this Agreement for insurance coverage in compliance with Chapter 32B. The current Malden unit coverage is as follows:

 

25.01.01          A $2,000 term life insurance plan.

 

 

 

 

23


 

25.01.02          The medical coverage is Harvard Pilgrim with the City of Malden paying 75 percent of the premium.

 

25.02   Teachers will be eligible to participate in a "tax-sheltered" Annuity Plan established pursuant to United States Public Law No.87-370.

 

25.03   A recommendation prepared by the Association will be sent to the Mayor requesting that teachers be covered by the provisions of the Massachusetts Workmen's Compensation Act, General Laws of the Commonwealth, Chapter 152.

 

25.04   A representative elected by the Association will serve on the City Insurance Commission.

 

25.05   The School Committee will continue to contribute its portion of the premium for health insurance during July and August for any teacher leaving the system.

 

25.06   In the event that any teacher is on leave of absence, insurance benefits provided above shall continue for the duration of the leave with payments to be made by the individual teacher in accordance with requirements or ordinances of the City of Malden.

 

25.07   The public schools shall, without cost to the nurse, provide liability insurance in the amount of $1,000,000/$3,000,000. The premium shall be capped as of fiscal year 1990.

 

25.08   No bargaining unit member shall be eligible to receive more than 100% of salary from a combination of sick leave, sick leave bank. Workmen's Compensation or from any form of disability insurance supplied by the City of Malden. Should Workmen's Compensation provide back wages or a lump sum settlement check has been issued to a unit member and the unit member has been paid for that service by the City of Malden from any of the aforementioned sources, the unit member must reimburse the City of Malden the funds paid by or from any of the aforementioned sources.

 

25.09   The parties will establish a committee to study the implementation of a "403b" plan for the bargaining unit. The committee shall report out no later than January 31, 2006. Any "403b" plan implemented must be revenue neutral to the school system. The implementation may affect the early retirement, buy-back and other retirement benefits in the Agreement. The committee shall consider disparate pay issues and eligibility as well as various federal and state statutes, rules and regulations.

 

25.10   Effective January 1, 2003, the parties agree to reopen the contract to bargain over health insurance benefits, providing that all other city unions agree to do so. The Parties further agree that this provision is not conditioned upon acceptance by the City of Malden of Coalition Bargaining pursuant to GL Chapter 32B, section 19.

 

ARTICLE 26: TEACHER PARTICIPATION IN RESEARCH, POLICY AND CURRICULA

 

26.01   Although the adoption of the educational policy is vested in the Committee by the laws of the Commonwealth, the Committee agrees to investigate, examine, adopt recommendations and develop programs together with the Association. The Association agrees to participate in the planning, research and development of educational programs and will meet at Committee's request to discuss any problems in this area.

 

26.02   The Committee will consult with the Association regarding the selection of textbooks. The final decision of selection shall be solely that of the School Committee.

 

 

24


 

26.03   A list of supplies ordered by the School Department for instructional purposes will be posted, and teachers given the opportunity to request additional items.

 

26.04   The dates of the release days for in-service training will be made a part of the school calendar each year.

 

ARTICLE 27: DUES DEDUCTION

 

27.01   The Committee agrees to deduct from the salary of any employee who individually authorizes its dues for the Malden Education Association, Massachusetts Teachers Association, and National Education Association. The deductions shall be made in accordance with Chapter 180 as amended by Chapter 113 of the Acts of 1973 as follows:

 

27.01.01          New members shall submit the following "Dues Authorization Card"

 

"DUES AUTHORIZATION CARD"

 

 

Name________________________________

 

Address_______________________________

 

I hereby request and authorize the Malden School Committee to deduct from my earnings and transmit to the Malden Education Association dollars starting with the second paycheck in November and continuing with the second paycheck for each succeeding month through April. I understand that the Committee will discontinue such deductions if I notify the Committee in writing to do so not less than sixty (60) days before such desired discontinuance. I hereby waive all rights and claims for said monies so deducted and transmitted in accordance with this authorization, and relieve the School Committee and all its offices from any liability therefore.

 

Dated___________________________________

 

Teachers' Signature________________________

 

27.01.02          Continuing members shall not fill out a dues card but shall have their deductions continued from year to year in accordance with Chapter 180, Section 17C which says:

 

Section 17C of Chapter 180 of the General Laws: deductions on payroll schedules may be made from the salaries of a school teacher for the current dues of teacher associations, local, state or national, as authorized by such teacher in writing to the city, town, or district school committee by which he/she is employed. Any such authorization may be withdrawn by such teacher by giving at least sixty days notice in writing of such withdrawal to said School Committee. The specific amount of current dues to each of said Associations shall be certified to the School Committee by the local Association treasurer on or before September 15 of the school year.

 

27.02   The Association will certify to the Committee, in writing, the rate and changes in the membership dues.

 

27.03   Deductions referred to in 27.0l will be made in a matter agreeable to the parties.

 

 

 

 

 

25


 

27.04   No later than December 10 of each year the Committee will provide the Association with a list of those employees who have voluntarily authorized the Committee to deduct dues for the Association. The Committee will notify the Association monthly of any changes in said list. Deductions shall continue to be made and authorizations, therefore, shall remain in effect until (a) the termination of the Agreement between the Committee and the Association providing for such deductions; (b) written revocation of the authorization; (c) transfer of a teacher out of the bargaining unit; or (d) knowledge by the Committee that the teacher is no longer a member of the Association.

 

ARTICLE 28: CONTINUITY OF EMPLOYMENT

 

28.01   The observance of law and the example given thereby is one of the highest professional obligations of teachers. Accordingly, in recognition of the provisions of Sections 178M and 178N of Chapter 763, Acts of 1965 of the General Court, the Association agrees that during the term of this Agreement, or any renewal or extension thereof, neither it nor any of its agents will engage in, incite, or participate, either directly or indirectly, in any strike, sit down, stay in, slowdown, work stoppage, withholding of services, concerted unauthorized absences, or any other interference with assigned or expected work.

 

28.02   The Association further agrees that should any strike, sit down, stay in, slowdown, work stoppage, withholding of services or any other interference occur (regardless of the lack of Association connection with such activity), it shall put forward every effort immediately to have such illegal activity terminated, including ordering the persons concerned to return to work.

 

28.03   Any individual who violates the provisions of this Article will be deemed by the parties to have resigned voluntarily.

 

28.04   It is agreed that in the event of an alleged breach of 28.01 or 28.02, the Committee may seek its redress though the grievance procedure of this Agreement by filing an action in an appropriate court, or by exercise of any of its rights.

 

ARTICLE 29: AGENCY FEE

 

29.01   The Committee will require as a condition of employment that each member of the bargaining unit pay an agency service fee. The fee shall be set pursuant to law and to the regulations of the State Labor Relations Commission. The fee shall be due no later than forty-five (45) calendar days following the first day of the work year or forty-five (45) calendar days following the first day worked in the bargaining unit. If, after the 45th calendar day that the fee was due, the fee has not been paid to the Association or the fee has not been placed in escrow pending a challenge of the fee before an appropriate tribunal, the Association shall so notify the Superintendent. The Superintendent shall notify the unit member that, unless the fee is paid within forty-five (45) calendar days, the Committee will suspend the teacher without pay and seniority until the fee is paid for up to a maximum of ten (10) work days suspension.

 

ARTICLE 30: SCHOOL COUNCILS AND SITE BASED MANAGEMENT

 

30.01   Each school shall have a school council consisting of at least three teachers, one principal and parental and community members. There shall be one teacher for every 15 teachers in the building to a maximum of six teachers.

 

 

 

 

26


 

30.02   All parents and teachers shall be elected by their respective groups between September 1 and September 30 of each year. The term of office and the election of teacher members shall be determined by the MEA. The principal shall appoint a community representative.

 

30.03   All decisions shall be made by consensus.

 

At the heart of t           he consensus process is the importance of each group member's viewpoint and the full opportunity to express these views. It is perfectly acceptable for a member to say, "I disagree with this decision; I've told everyone how I feel and the group has listened. However, I'm willing to support the decision in order to try it out." All members of the group must declare a willingness to support the decision before a decision can be implemented. (Department of Education" Questions and Answers on School Councils", October, 1994, Page 21, updated)

 

30.04   All meetings of the school council shall conform to the Open Meeting Law, Sections 23A, B, and C which stipulate that meetings be open to the public; that meetings be posted 48 hours in advance (excluding Sundays); and that minutes of the meeting be maintained as required.

 

30.05   The Council shall have no authority over personnel issues or matters that are subject to Chapter 150E (wages, hours, conditions of employment), nor shall it expand the scope of its authority beyond that established by law or granted by school committee policy.

 

30.06   A Committee comprised of three (3) teachers and three (3) members of the administrators, including School Committee members, shall meet to study the Appendix E Differentials. Each committee shall complete its finding and make its recommendations by March 31, 2006.

 

A Committee comprised of three (3) teachers and three (3) members of the administrators, including School Committee members, shall meet to study the Appendix F Athletic Salaries. Each committee shall complete its finding and make its recommendations by March 31, 2006.

 

A Committee comprised of three (3) teachers and three (3) members of the administrators, including School Committee members, shall meet to study the dress code for teachers. The Committee shall complete its findings and make its recommendations by March 31, 2006.

 

A Committee comprised of three (3) teachers and three (3) members of the administrators, including School Committee members, shall meet to study the 403B for teachers. The Committee shall complete its findings and make its recommendations by March 31, 2006.

 

ARTICLE 31: DURATION

 

31.01   This Agreement shall continue in full force and effect until August 31, 2014 unless sooner terminated or extended by agreement of the parties hereto, or unless sooner terminated by operation of laws or decree or judgment or any governmental authority having jurisdiction thereof.

 

31.02   Health insurance and salary re-opener only, for school year 2011-12. There is a commitment from both parties to design and implement a wellness plan and explore other cost saving measures.

 

 

 

 

 

27


 

MALDEN SCHOOL COMMITTEE                 MALDEN EDUCATION ASSOCIATION

 

 

BY:___________________________            BY:___________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

28


 

APPENDIX A: EARLY RETIREMENT INCENTIVE PLAN

 

A teacher who is retiring from the Malden School System ages 55, 56, 57, 58, 59, 60, 61, or 62, shall be eligible for salary increases as follows:

 

1.         A teacher who submits a written notice of retirement three years in advance of the effective date of his/her retirement shall be paid at 1.10 of the salary position in the Basic Salary Schedule for each of the three years immediately preceding the effective date of his/her retirement.

 

2.         A teacher who gives written notice of his/her retirement two years in advance in accordance with Appendix CI shall be paid at 1.10 for the two years immediately preceding retirement, and a teacher who gives written notice one year in advance shall receive the 1.10 salary for the last year.

 

3.         Notice under these sections must be given by June 1st preceding the first school year in which the raise is effective.

 

4.         Once notice of retirement is accepted by the Committee and the first payment under this provision is made, the retirement may be revoked subject to the following provisions:

 

a.         The unit member must pay back all monies received at a rate of interest equal to the prime rate, as published in the Wall Street Journal, plus 2% as of the day when written notice of the revocation is received by the Superintendent

 

b.         Interest will be simple interest per annum.

 

c.         The interest will be measured from the first day monies are received on all monies as received until written notice of revocation is received by the Superintendent.

 

d.         The monies plus interest must be paid back in equal installments on each payday over a time period not to exceed the time period in which the money was received.

 

e.         If a teacher revokes acceptance of the early retirement benefits, that teacher will no longer be eligible for benefits under the Early Retirement Incentive Plan. However, exceptions may be granted by the School Committee based on illness, death in the family, or other unforeseen emergencies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

29


 

APPENDIX B: MALDEN HEALTH AND WELFARE AGREEMENT

 

This Appendix, to be effective as of date of execution, between the School Committee of the City of Malden (hereinafter referred to as the "Committee") and the Malden Education Association (hereinafter referred to as the "Association"):

 

WHEREAS, as a result of collective bargaining between the Committee and the Association, a collective bargaining agreement was made and entered into as of August 29, 1973, between the parties hereto, which provides that upon execution of this Agreement, the Committee will provide and pay into the Fund hereafter referred to a determined amount on behalf of each person then employed in the bargaining unit as of September 15, 1974, the Superintendent of Schools, and the Assistant Superintendent of Schools, for the purpose of furnishing to each covered person certain supplemental benefits; and,

 

WHEREAS, it is in the public interest to attract competent and efficient individuals as covered persons and induce them to so remain, each covered person employed by the Committee, whether or not a member of the Association, shall be entitled to receive such supplemental benefits to the extent specified in this Agreement:

 

NOW THEREFORE, the parties hereto mutually agree as follows:

 

1.         There shall be established the Malden Education Association Health and Welfare Fund (hereinafter referred to as the "Fund") as trust fund to provide the benefits hereinafter set forth for each covered Person.

 

2.         The money to be determined by the Committee will be provided by the Committee from the amount budgeted from teachers' salaries. The Committee agrees to provide and pay the agreed amount into the Fund for each person employed by the Committee as of the effective date of the commencement of this Agreement.

 

3.         The Committee and the Association agree to provide from such Fund for each covered person for whom such sum is paid health and welfare benefits which may include, but are not limited to, hospitalization benefits, surgical benefits, diagnostic and preventive medicine benefits, dental benefits, prescription drug and applicants benefits, prosthetic device benefits, optical benefits, orthodonture benefits, periodontal benefits, weekly accident and sickness benefits, life insurance benefits, and such other health and welfare benefits as they may determine appropriate. Such benefits may be provided by contract with an insurance company or companies or established and provided without insurance by the Fund or by any combination of these two methods.

 

4.         The supplemental benefits agreed upon by the parties shall not be reduced except

 

as may be required by experience of the Fund and thereafter agreed upon by the parties hereto, or resolved by arbitration in the absence of such agreement.

 

5.         It is the essence of this Agreement in order not to frustrate its purpose that the Association and the Committee agree to comply with all local, state, and federal laws applicable to the said Fund, and to take all steps necessary for such compliance.

 

 

 

 

 

 

 

 

 

30


 

6          The liability of the Committee for each covered person shall in no event exceed the amount specified in Section 2 hereof, regardless of any upward modification, by reason of increase in costs, increase in insurance premium, other insurance penalty, addition thereto of any benefits or for any other anticipated or unforeseen reasons, and the amount of contributions by the Committee during the terms of this Agreement shall be limited solely to the payment of the aforesaid amounts as provided herein.

 

7          (A)       The Committee and the Association agree that the Fund will be held and administered by the Trustees thereof, under terms and provisions consistent with this Agreement.

 

(B)       The Fund shall be administered and managed by ten (10) Trustees, five (5) of whom shall be the persons then serving on the Committee or their nominees, and five (5) of whom shall be appointed by the Association. Successors to the Association appointed Trustees shall be designated by the Association in a manner of its own choosing.

 

(C)       The Committee and the Association agree that, if any of the supplemental benefits provided are to be provided for specific periods of time by a contract with an insurance company or companies, this shall result from a vote to do so by the Trustees; the Trustees of the Fund shall then negotiate and purchase, on such terms as they deem to be in the best interest of the Fund and coveted persons, such a policy or policies of insurance. In the absence of such votes as to any benefits provided by the Fund, the Trustees shall self-administer the Fund to provide such benefit.

 

(D)       The Committee and the Association agree that any of the supplemental benefits provided may be provided by the Fund as a self-insurer. Arrangements may be made with an insurance company or companies to reinsure, by reinsurance agreement any benefit as part thereof provided.

 

(E)       The Committee and the Association agree to provide that a person acting as Arbitrator selected under and in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association shall have the exclusive power to decide and dispose of consistently with this Agreement, disputed claims against the Fund relative to benefits provided hereunder and that any covered person or dependent claimant being aggrieved by denial of any such claim may submit such claim to such person acting as Arbitrator for determination, which determination shall be final and binding on such covered person or dependent claimant, the Fund, the Committee, the Association, the Trustees, and any participating insurance company or companies.

 

(F)        The following administrative and restrictive provisions shall be included:

 

(1)        The Trustees of the Fund shall be responsible for due maintenance of accurate records of its books and accounts in conformance with generally accepted accounting principles.

 

(2)        The Trustees of the Fund shall file in the office of the Committee and the Association within five months after the close of the fiscal year a statement, to be known as the Annual Statement of the Fund, executed in duplicate, subscribed by at least three Committee Trustees and three Association Trustees and affirmed by such Trustees as true under the penalties of perjury, showing its condition and affairs during such fiscal year.

 

 

 

 

 

 

 

31


 

 

(3)        Any contract between the Fund and an insurance company, hospital, surgical, or medical plan providing benefits under the Fund, or with any corporate trustee or agent holding or administering all or part of the Fund, shall provide that within four months after the end of each policy or fiscal year, such company, hospital, plan, corporate trustee or agent will furnish to the Trustees of the Fund a statement of account setting forth such information relating to the Fund as the Trustees of the fund may need in order to comply with the requirements of this Agreement, or may otherwise require.

 

(4)        The Trustees of the Fund shall be responsible in a fiduciary capacity for all money, property or other assets received, managed, acquired or disbursed by them, or under their authority, on behalf of such Fund.

 

(5)        The Trustees of the Fund shall be responsible for the prudent deposit and investments of funds and earnings under the care and custody of the Fund, and for expenditures in accordance with sound actuarial principles taking into account the purpose of the Fund.

 

(6)        The Trustees of the Fund shall file in the office of the Committee and the Association within one month after the close of each quarterly period a statement to be known as the Status of Investment and Deposits Report (Quarterly) executed in duplicate, subscribed by at least three Association Trustees and three Committee Trustees and affirmed by such Trustees as true under the penalty of perjury, showing all demand and tine deposits of the Fund as of the last day of the quarter.

 

(7)        The Trustees of the Fund shall file in the office of the Committee and the Association within one month after the close of each semi-annual period a statement to be known as the Report on Administrative Expenses (semi-annual), executed in duplicate, subscribed by at least three Association Trustees and three Committee Trustees and affirmed by such Trustees as true under the penalty of perjury, showing operating expenses incurred in administering the Fund during that period, including such data as office expense and personal service expense. Personal service data shall include titles of positions, numbers of incumbents and salaries and fees paid.

 

(8)        The Trustees of the Fund shall be bonded in an amount to be determined by the Committee and the Association. The cost of such bonding shall be borne by the Fund.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

32


 

(9)        The Fund, the Committee and the Association, each Trustee of the Fund, and every other officer or employee of the Fund are prohibited from receiving directly or indirectly any payment, commission, loan or other thing of value from any insurance company, insurance agent, insurance broker, or any hospital, surgical, medical or dental plan, or any corporate trustee or agent holding or administering any part of the Fund, in connection with the solicitation, sale, service, or administration of a contract providing employee benefits for such Fund; and from receiving any payment, commission, service, loan or any other thing of value from such Fund, or which is charged against Fund, or would otherwise be payable to such Fund, either directly or indirectly, except that any such person shall be entitled to receive all benefits provided under such Fund, and may receive any employees benefits to which he is otherwise entitled, and any such person may receive reasonable compensation for necessary services and expenses rendered or incurred by him in connection with his official duties as such; provided that nothing contained in this subparagraph shall affect the payment of any dividend or rate credit or other adjustment due under the terms of any insurance or annuity contract.

 

Furthermore, all Trustees and employees of the Fund shall be deemed to be covered persons under the terms of this Agreement, and shall be entitled to all supplemental benefits resultant therefrom.

 

(10)      The trustees of the Fund may employ such professional, technical, administrative or clerical personnel as they require in the performance of their duties, or which is in the best interest of the Fund.

 

(11)      The Fund shall not pay any premium on a covering policy except by check payable to the insurance company directly.

 

(12)      No political contributions shall be made directly or indirectly from the Fund.

 

(13)      Any other provisions as may be necessary or desirable to effectuate the purpose of this Agreement shall be compiled and appended to the Agreement as Appendix A.

 

(14)      The powers of the Trustees shall be exercised by a majority of the Trustees present and voting at any duly called meeting provided that a majority of the Committee Trustees and a majority of the Association Trustees shall be present at any meeting in order to constitute a quorum.

 

(15)      The Trustees of the Fund shall elect from within their own number a Chairman and a Secretary-Treasurer of the Fund at the first meeting of the Trustees during a fiscal year.

 

(16)      Regular meetings of the Trustees of the Fund shall be called monthly by the Chairman at a time and place which shall be communicated to the other Trustees at least ten days in advance of the meeting. Special meetings may be called by the Chairman for any purpose and the time and place shall be communicated to the other Trustees at least forty-eight hours in advance of the meeting. Regular meetings and special meetings shall be held in the evening whenever possible.

 

 

 

 

 

 

 

33


 

APPENDIX C: TEACHERS' SALARY SCHEDULES

MALDEN PUBLIC SCHOOLS

 

Teachers of Occupational Education who have earned credits beyond vocational certification shall be placed as follows on the columns of these schedules:

 

15 credits beyond - B15

30 credits beyond – M

45 credits beyond - M15

60 credits beyond - M30

75 credits beyond - M45

90 credits beyond - M60

 

Salary

 

MALDEN EA SALARY SCHEDULED 2013-14 - (2%Retro)

STEP

BA

BA15

MA

MA15

MA30

MA45

MA60

1

41,319

42,740

45,804

47,223

48,643

50,058

52,412

2

43,211

44,621

48,172

49,523

51,001

52,412

54,782

3

45,328

46,754

50,535

51,940

53,358

54,782

57,137

4

47,223

48,643

52,886

54,312

55,720

57,138

59,495

5

49,115

50,536

55,256

56,666

58,089

59,495

61,868

6

51,001

52,412

57,613

59,031

60,447

61,868

64,220

7

52,894

54,312

59,967

61,396

62,816

64,220

66,583

8

55,256

56,666

62,816

64,220

65,644

67,056

69,426

9

57,613

59,031

66,583

68,004

69,496

70,833

73,204

10

59,967

61,396

70,364

71,784

73,206

75,092

77,446

11

65,455

66,905

76,494

77,845

79,315

80,771

83,224

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

34


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

35


 

APPENDIX D - DIFFERENTIALS

 

13-14

High School Class Advisors (4)

 

- Freshman Year

738

- Sophomore Year

1,068

- Junior Year

1,395

- Senior Year

1,870

High School MALDONIAN Adivsor*

2,023

High School BLUE AND GOLD Advisor*

1,326

High School BLUE AND GOLD Business Mgr

1,005

High School Literary Magazine Advisor

694

High School Drama Coach/Advisor

694

High School National Honor Advisor

694

High School Quiz Team Advisor

2,296

9th Grade Team Leader

1,882

Middle School Yearbook Advisors

984

Middle School Team Leader 7-8 (formerly MMS Cluster Leaders)

3,775

Traveling Teachers**

635

Evening School Teachers per hour

23

Home Instruction Teachers per hour

23

SAT Teachers - H.S. per hour

23

High School Teacher Leaders: English, Mathematics, Science, Social Studies

5,253

Team Leader - Option Program MHS

3,775

Team Leader - MAHS

3,775

Music Teachers (Band, Choral Arts, All City Elementary Chorus, Jazz Band,

 

All City Elementary Orchestra) - per hour

23

Band Teachers - 3 per parade

65

Band Teachers - 3 per football game

65

Band Concert Trip - 3 per trip

131

Choral Arts Concert Trip - 2 per trip

131

Band Director

4,104

Nursing Supervisor

3,004

Team Leaders K-6 (ELT Grant Schools Only)

3,775

Traveling Tech-Data

635

Traveling Technician

635

Professional Development and Assessment Coordinator

 

in Business/Technology K-12

3,775

Professional Development and Assessment Coordinator in Art K-12

377

 

**Traveling teachers are those teachers who go to more than one school on the same day with the exception of those who are on ratio. Other school personnel not on ratio or differential who are required to travel on school business will receive .50 cents per mile.

 

*Maldonian and Blue & Gold Advisors - (three teaching classes plus the publications class with

no study hall assignments)

 

 

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APPENDIX E - ATHLETIC SALARIES

 

13-14

BASEBALL-HEAD                                                                                         5,306

BASEBALL-JV                                                                                               3,258

BOYS BASKETBALL-HEAD                                                                         6,771

BOYS BASKETBALL-JV                                                                               4,005

CHEERLEADERS-ASS'T-FALL                                                                      1,724

CHEERLEADERS-ASS'T-WINTER                                                                1,724

CHEERLEADERS-HEAD-FALL                                                                     3,508

CHEERLEADERS-HEAD-WINTER                                                                3,508

CREW-ASS'T                                                                                                  2,249

CREW-HEAD                                                                                                  2,669

CROSS COUNTRY BOYS-HEAD                                                                  3,776

CROSS COUNTRY GIRLS-HEAD                                                                  3,776

FIELD HOCKEY-ASS'T-JV                                                                            2,942

FIELD HOCKETY-FRESHMAN                                                                     2,942

FIELD HOCKEY-HEAD-VARSITY                                                                4,896

FOOTBALL-ASS'T                                                                                          4,863

FOOTBALL-LINE (ASST.)                                                                             4,863

FOOTBALL-HEAD                                                                                         11,389

FOOTBALL-SOPHOMORE                                                                            4,863

FRESHMAN BASEBALL                                                                                2,817

FRESHMAN BOYS BASKETBALL                                                                3,122

FRESHMAN FOOTBALL                                                                               3,387

FRESHMAN GIRLS BASKETBALL                                                               3,122

FRESHMAN GIRLS SOFTBALL                                                                    2,814

FRESHMAN GIRLS VOLLEYBALL                                                              2,941

FRESHMAN BOYS HOCKEY                                                                        3,122

FRESHMAN SOCCER (BOYS)                                                                       2,941

FRESHMAN SOCCER (GIRLS)                                                                      2,941

GIRLS BASKETBALL-HEAD                                                                        6,771

GIRLS BASKETBALL-JV                                                                               4,005

GIRLS HOCKETY-HEAD                                                                               4,894

GIRLS HOCKETY-JV                                                                                     2,941

GIRLS LACROSSE-ASS'T                                                                              2,749

GIRLS LACROSSE-HEAD                                                                              3,875

GIRLS OUTDOOR TRACK-ASS'T-SPRING                                                   3,545

 

 

 

 

 

 

 

 

 

 

 

 

 

37


 

GIRLS OUTDOOR TRACK-HEAD-SPRING                                                  5,011

GIRLS SOCCER-ASST-JV                                                                              2,941

GIRLS SOCCER-HEAD                                                                                  4,894

GIRLS SOFTBALL-HEAD                                                                              5,306

GIRLS SOFTBALL-JV                                                                                    3,258

GIRLS TENNIS-HEAD                                                                                   3,642

GIRLS TRACK-HEAD-WINTER                                                                    4,760

GIRLS VOLLEYBALL-HEAD                                                                        6,875

GIRLS VOLLEYBALL-JV                                                                              3,815

GOLF-HEAD                                                                                                   3,249

GYMNASTICS-ASST                                                                                      4,001

GYNASTICS-HEAD                                                                                       6,750

BOYS HOCKETY-ASST. VARSITY                                                               3,691

BOYS HOCKETY-HEAD                                                                               6,771

BOYS HOCKETY-JV                                                                                      3,900

BOYS LACROSSE-HEAD                                                                              3,878

BOYS LACROSSE-ASS'T                                                                               2,669

INDOOR TRACK-ASST                                                                                 3,258

INDOOR TRACK-HEAD                                                                                4,760

OUTDOOR TRACK-ASST                                                                              3,546

OUTDOOR TRACK-HEAD                                                                            5,012

BOYS SOCCER-ASST                                                                                    2,940

BOYS SOCCER-HEAD                                                                                   4,896

SWIM-ASST                                                                                                    2,712

SWIM-COACH CO-HEAD                                                                              3,981

SWIM-HEAD                                                                                                  5,525

TENNIS-GIRLS-HEAD                                                                                   3,642

TENNIS-BOYS-HEAD                                                                                    3,642

WRESTLING-ASST                                                                                        2,865

WRESTLING-HEAD                                                                                       5,540

FITNESS CENTER COORDINATOR-WEIGHT

ROOM                                                                                                             2,749

EQUIPMENT MANAGER (FALL, WINTER, SPRING)                                4,958

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

38


 

APPENDIX F: NURSES SALARIES

 

1.         Nurses possessing a bachelor's degree shall be paid in accordance with the bachelor's salary schedule.

 

2.         Nurses without a bachelor's degree shall be paid $1,500 less than the bachelor's schedule.

 

APPENDIX G: SERVICE INCREMENTS

 

Bargaining unit members who have served in the Malden Public School System shall be eligible for salary increments after years of service in accord with the following criteria and stipends:

 

1.         The 10th, 15th, 20th, 25th and 30th year must be completed before the respective increments are granted.

 

2.         A unit member must work 9l days to receive credit for a year of longevity. Time spent on paid leaves of absence counts toward the 91 days. Time spent on unpaid leaves of absence does not count except as explained in 3.

3.         A unit member shall receive service credit for up to one year only for time spent on unpaid leave(s) of absence(s).

 

4.         Increments shall be granted only at the beginning of a school year.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

39


 

Longevity Schedules:

 

13-14

10th     1,174

15th     1,826

20th     3,000

25th     3,652

30th     4,956

 

 

APPENDIX H: HEALTH INSURANCE

 

The contribution rate for health insurance will be as follows:

 

 

Malden HMO Best Buy 500 Wellness Program

Program Overview

 

 

Harvard Best Buy HMO and Harvard Best Buy PPO.

 

Premium split remains at 80/20

Deductable remains at $500.00 individual / $1,000.00 family

 

Option to enroll during open enrollment May/June 2011

 

Purpose: guide employees in effective healthcare strategies to achieve a healthy lifestyle.

 

Incentive Program: ability to earn annual financial payment(s) for reaching milestones. Funds earned will be deposited into a Health Reimbursement Arrangement (HRA) account and can only be used to defray costs of healthcare services.

 

For example: co-pays (including Rx), deductibles, and other qualified (by the IRS) medical expenses.

 

Phase 1/Year 1 (May/June 2011) of voluntary wellness program:

 

If you choose to join, the city will provide $250.00 for each employee who completes a Health Care Assessment Survey offered by Harvard Pilgrim, the insurance administrator for the City of Malden

 

The survey requires the employee to provide information necessary to establish baseline

 

 

 

 

 

 

 

 

 

 

40


 

data relating to an employee's weight, blood pressure, glucose, cholesterol and smoking status. This information can be gathered

 

•           At City sponsored worksite screening; or

•           Your physician can forward the information from your annual physical

 

Each employee will be given an Individual Profile, which will provide an evaluation of the employees' health status and a set of goals for the employee (based on age and gender) to achieve in 5 key areas on an annual basis.

 

•           If 75% of those eligible for health insurance in Unit A complete the Health Care Assessment Survey on or before October 1, 2011, the city will credit each employee with a one time additional $100.00 deposit to the employees' HRA

•           Harvard Pilgrim will provide an individual health coach via telephone or internet, if the employee desires, to collaborate, confidentially, with the employee on attainment of goals/milestones.

 

Phase 2/Year 2 (beginning May/June 2012):

 

The city will provide $100.00 annual credit to the HRA (with the total annual maximum possibility of $500.00) to each employee who makes a good faith effort towards reaching his/her goal/milestone in each of the following categories:

 

•           Weight

•           Blood pressure

•           Cholesterol

•           Non-smoking

•           Exercise

 

Goals/milestones for all categories shall be based on the American Medical Association Standards.

 

For employees dealing with a specific health condition, one or more of the goals may be omitted in place of a goal specifically related to the employee's individual condition(s).

 

Beginning in the 3rd year (May/June 2013), employees who fail to make good faith efforts in a minimum of 2 out of the 5 identified milestones/goals, (as determined by the Wellness Program administrator who should be an individual licensed in the medical field) shall be withdrawn from the HMO and enrolled in the HMO Best Buy 1000 (new plan).

 

HMO Best Buy 1000:

•           75/25 premium split

•           All co-pays the same as other HMO plan (HMO Best Buy 500)

•           Deductibles: $1,000 individual / $2,000 family

 

 

 

 

 

 

 

 

 

41


 

 

Appeal: If an employee is determined not to have conformed to 2 or more goals/milestones, the employee can submit documentation from a licensed physician disputing said determination. If the city does not reconsider its non-compliance determination based on the employee's physician statement, the employee's physician and the designee for health care provider (Harvard Pilgrim) agree to submit the City's decision on to an n independent licensed physician for a final and binding determination.

 

The health insurance premium rate increase will be no more than 2% July 1, 2011.

 

APPENDIX I: COMPUTER TECHNICIANS AND DATA ASSISTANTS

 

1.         Articles 1, 2, 3, 16, 17, 18, 19, 20, 21, 22, 24, 25, 25.01, 27, 28, 29, 31 and Appendices A, B, G, H & I. apply.

 

2.         If computer technicians and data assistants do not have access to school buildings when school is cancelled due to inclement weather, they shall not be required to report for work and shall experience no loss in pay for such day.

 

3.         Computer technical employees shall receive twenty-two (22) days of vacation. Employees shall not carry over more than 15 vacation days per year.

 

3.01     Computer technical employees hired after June 30, 2014 shall have the following vacation schedule:

 

1-5 years of service 10 days

6-10 years of service 15 days

10+ years of service 20 days

 

4.         Work Day

 

Work day for computer technicians and data assistants will be from 8:30 A.M. to 3:30 P.M. with one half (1/2) hour lunch period.

 

Data Assistances work 189 days. Techs work 220 days.

 

**220 Days; School out of session hours Mon. - Thurs. 8:30 am to 3:30 pm, hour lunch

 

Friday 8:30 am to 12:00 pm, vacation day charged on Fridays

 

Employees allowed a 15 minute break

 

City Holidays, Vacation calendar year to begin on July 1, 18 sick days, 22 vacation days

 

5.         Reduction in Force

 

For the purposes of any reduction in force, it shall proceed in the following manner:

 

Computer technicians shall be terminated in reverse order of their appointment.

Data Assistants will be terminated in reverse order of their appointment.

 

 

42


 

Recall to work after lay-off shall be in reverse order of lay-off. Employees will remain on the recall list for one (1) year.

 

5.01     Previously accumulated, unused leave, sick and vacation days will be restored to all returning computer technicians and data assistant.

 

6.         Parking

 

Two parking spaces will be designated at the high school for the computer technicians.

 

The School Committee will cooperate in attempting to secure four parking permit stickers from the City for computer technicians.

 

7.         The Malden Education Association Technicians and Data Assistants 2013-2014 Salary Schedules: Percentage of salary raise given in the middle of the work year (July 1st-June 30th) would be the end of December-beginning of January for a 52 week employee.

 

 

MALDEN TECH FY15 SALARY SCHEDULE

2%

Step

Data Asst. (DA)

Tech (AS)

Tech (BA)

Tech (BA15)

Tech (MA)

Step 1

33,017.67

45,252.49

46,892.53

48,532.58

50,172.62

Step 2

34,657.71

46,892.53

48,532.58

50,172.62

51,812.67

Step 3

36,297.76

48,532.58

50,172.62

51,812.67

53,452.71

Step 4

37,937.80

50,172.62

51,812.67

53,452.71

55,092.76

Step 5

39,577.86

51,812.67

53,452.71

55,092.76

56,732.80

Step 6

41,217.90

53,452.71

55,092.76

56,732.80

58,372.85

Step 7

42,857.95

55,092.76

56,732.80

58,372.85

60,012.89

Step 8

44,497.99

56,732.80

58,372.85

60,012.89

61,652.94

Step 9

46,138.04

58,372.85

60,012.89

61,652.94

63,292.98

Step 10

47,778.08

60,010.71

61,652.94

63,292.98

64,933.03

Step 11

50,915.54

63,521.08

65,210.83

66,900.57

68,590.32

 

Appendix J: Severability Clause

 

 

If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be contrary to current or hereafter enacted laws or regulations, then such provision or application shall be invalid, except to the extent permitted by law, but all other provisions of applications will continue in full force and effect.

 

 

 

 

 

43


 

 

SIDE LETTERS

 

1.         Regardless of title, the sustained silent reading programs shall not cause unit members to have additional preparation or student grading or evaluation.

 

2.         The School Committee and the Association agree to the attached Side Letter for the Linden School effective for the 2002-2003 school year.

 

Side Letter - Linden School

 

The Malden School Committee and the Malden Education Association hereby enter into this agreement to amend the Collective Bargaining Agreement as follows:

 

1.         The school day at the Linden Schools K-4 and 5-8 will be 8:15 am to 2:20 pm.

 

2.         The workday for teachers shall be 8:15 am to 2:45 pm for Grades K-6 and 8:00 am to 2:45 pm for Grades 7 & 8, Mondays to Thursdays, with a 2:20 pm release on Fridays or days before a holiday.

 

3.         An Early Release Day will be implemented on Wednesdays, October 2, 2002 to May 28, 2003 and students will be dismissed at 1 :30 pm. Teachers will be engaged in Professional Development from 1:30 pm to 3:00 pm in the areas of Critical Friends Groups, grade level meetings, and staff meetings. Teachers who are voluntarily engaged beyond 3:00 pm will receive a stipend from the CCE/NESSN grant at a rate of twenty dollars ($20) per hour. The Linden Schools Early Release Day will be modeled after the Malden High School Early Release Day held during the 2001-2002 school year.

 

4.         Preparation Periods for teachers K-4, will be consistent with the existing contract. Teachers teaching Grades 5 & 6 will have five (5) preparation periods of forty (40) minutes and two (2) Common Planning Time (CPT) periods of forty (40) minutes per week. Teachers teaching Grades 7 & 8 will have five (5) preparation periods of forty (40) minutes and three (3) Common Planning Time (CPT) periods of forty (40) minutes per week.

 

5.         The School Committee and the Association agree to review this Side Letter at the close of the 2002-2003 school year.

 

6.         The Spirit of this agreement is intended to support the work of the teachers in improving student achievement at both Linden Schools. It is not the intention of this agreement to violate the collective or individual rights of teachers that have been established through bargaining or practice.

 

 

 

 

 

 

 

 

 

 

 

 

 

44


 

Side Letter - Ferryway School

 

The Malden School Committee (Committee) and the Malden Education Association (Association) hereby enters into this agreement to amend the Collective

Bargaining Agreement as follows:

 

As a one year pilot program for the Ferryway School, academic year 2011-2012, the following modifications will be made if there is funding from the State at the rate of a minimum of $1,300.00 per pupil. If there is not the above mentioned minimum funding for this initiative, this agreement will be null and void.

 

1.         Teaching Hours

All teachers assigned to the Ferryway School for the 2013-2014 academic year shall be required to work the following schedule:

 

7:35 A.M.        teachers at school

7:45 A.M.        school doors will open, teachers on duty

3:30 P.M.         student dismissal

3:40 P.M.         teacher dismissal/3:30 Friday dismissal

 

2.         Faculty Meetings

 

Faculty meetings will take place on release days and not after teacher dismissal.

 

3.         Compensation

 

All teachers assigned to the Ferryway School shall be paid an additional 18% of their salary schedule for the 2013-2014 academic year.

 

 

__________________________                    ______________________

Maiden Education Association                                    Maiden School Committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

45


 

Side Letter - Salemwood School

 

The Malden School Committee (Committee) and the Malden Education Association (Association) hereby enter into this agreement to amend the Collective

Bargaining Agreement as follows:

 

As a one year pilot program for the Salemwood School, academic year 2011-2012, the following modifications will be made if there is funding from the State at the rate of a minimum of $1,300.00 per pupil. If there is not the above mentioned minimum funding for this initiative, this agreement will be null and void.

 

1.         Teaching Hours

All teachers assigned to the Salemwood School for the 2013-2014 academic year shall be required to work the following schedule:

 

7:35 A.M.        teachers at school

7:40 A.M.        school doors will open, teachers on duty

3: 25 P.M.        student dismissal

3:40 P.M.         teacher dismissal/3:25 Friday dismissal

 

2.         Faculty Meetings

 

Faculty meetings will take place on release days and not after teacher dismissal.

 

3.         Compensation

 

All teachers assigned to the Salemwood School shall be paid an additional 18% of their salary schedule for the 2013-2014 school year.

 

 

__________________________                    ______________________

Maiden Education Association                                    Maiden School Committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

46


 

ATTACHMENTS

 

ARTICLE 18: SICK LEAVE BANK

 

18.01   There shall be a Sick Leave Bank available to all members of the bargaining unit. The "bank" and membership in it shall be established in the following way:

 

18.01.01          Each member of the bargaining unit will have one sick-leave day deducted from his/her yearly allotment to initially implement the bank.

 

18.01.02          All members of the bargaining unit will participate in and be eligible for the Sick Leave Bank.

 

18.01.03          Should the "bank" fall below 100 days, each member of the unit will be assessed to contribute a sick-leave day.

 

18.01.04          If a member has no sick-leave days, he/she will automatically be assessed the day owed at the end of September of the following year.

 

18.01.05          Should a teacher leave the system owing a sick-bank day, he/she shall be liable for a substitute's daily pay.

 

18.01.06          When a teacher enters the system, he/she shall have one sick leave day deducted for the bank after thirty (30) days' employment. This provision will not be applied to teachers entering after May 15.

 

18.02   THE SICK LEAVE BANK WILL BE ADMINISTERED AS FOLLOWS:

 

18.02.01          The President of the Malden Education Association shall appoint a committee of three teachers, which shall be called the Sick Leave Bank Committee, to administer the bank by the Sick Leave Bank Guidelines.

 

18.02.02          The School Committee shall appoint an administrator, the superintendent or his/her designee, as an ex-officio member of the Sick Leave Bank Committee to insure the administrative coordination necessary to implement the bank and to provide pertinent records and data needed by the Sick Leave Bank Committee in administrating the "bank."

 

18.03.03          Before being eligible to draw on the Sick Leave Bank, all sick leave, current and accumulated, must be exhausted with the following exceptions: A teacher, who through illness anticipates he will exhaust all available leave, may apply ten days prior to exhaustion of his sick leave.

 

18.03.04          Members of the bargaining unit who have extended illness and who have exhausted all of their sick leave may apply in writing to draw on the "bank."

 

18.03.05          The initial request from the bank shall not exceed ten (10) days. After the initial request has been exhausted, a member can file for up to 30 days. All further requests from the "bank" shall not exceed 30 days in any request. Authorization or refusal for "bank" days must be in writing and signed by all three members of the Sick Leave Bank Committee, although only two votes shall be needed to refuse or grant a sick-bank request.

 

 

 

47


 

 

18.03.06          Any abuse or misuse of the Sick Leave Bank that is brought to the attention of the Sick Leave Bank Committee will be reviewed; and, if deemed necessary, the Committee shall terminate the request and take any and all proper actions deemed necessary.

 

18.03.07          All requests from the "bank" shall be accompanied by a doctor's statement certifying the illness and the anticipated time needed for recuperation sufficient to return to work. The Sick Leave Bank Committee may, if it feels the situation warrants it, request a second doctor's opinion.

 

18.03.08          Members of the unit may not draw from the Sick Leave Bank until they have exhausted their total accumulated sick leave, plus a three day period. Teachers will collect for the remaining days at a rate that is 80 per cent of the teacher's daily pay rate (1/181 of the teacher's yearly salary) at the time the teacher last worked.

 

18.03.09          The School Committee's cost in terms of workdays shall not exceed 300 workdays in any school year. This means that the Sick Leave Bank Committee may not award in excess of 375 Sick Leave Bank days in any school year. Anything to the contrary notwithstanding the operation of the Sick Leave Bank is strictly a matter between the Association and the bargaining unit. The Association and the unit members hereby waive any and all rights to use the grievance procedure, arbitration procedure or claim a breach of this Agreement for any actions taken by the Sick Leave Bank Committee concerning the operation of the Sick Leave Bank and matters related thereto.

 

 

__________________________                    ______________________

Maiden Education Association                                    Maiden School Committee

 

 

Dated:_____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

48


 

MEMORANDUM OF AGREEMENT

 

The Malden Education Association and the Malden School Committee are entering into an agreement regarding the length of the school day for students in grades K-6, in the Beebe, Forestdale, and Linden Schools*. In order to meet the Massachusetts Department of Elementary and Secondary Education's time-on-learning requirements, the school day for students in grades K-6 at these schools must be lengthened by fifteen minutes. For the 2011-2012 school year, fifteen minutes will be added to the end of the school day, as indicated below:

 

 

Current

2011-2012

Students' Day (Grades K-6): 8:15 - 2:15

Students' Day (Grades K-6): 8:15 - 2:30

 

This agreement is in effect for the 2011-2012 school year only. The schedule will again be reviewed during the 2011-2012 school year to determine if this schedule, or a different one, is the most efficacious schedule to meet the DESE time-on-learning requirements in subsequent school years.

 

 

________________________________________________________________________________________

Malden Education Association                                                                    Date

 

_________________________________________________________________________________

Malden Public Schools                                                                               Date

 

 

 

 

 

 

 

*          The Ferryway School and/or the Salemwood School will also comply with the schedule identified above should either of these schools lose its designation as an Extended Learning Time (ELT) school for the 2011-12 school year. In addition, the schedule of each of these schools will be revisited during the 2011-12 school year to determine if a new schedule must be put in place during the 2012-13 school year in order to meet the ELT time-on-learning requirements.

 

 

 

 

 

 

 

 

 

 

 

 

49


 

 

INDEX

 

403b plan                                                          28                health insurance                                                                   29

adoption                                                            26                    contribution                                                                      44

agency fee                                                         31                homeroom                                                                            9

Appendix J                                                        50                improvement plan                                                               18

assignments                                                      11                injury

    non-teaching                                                 9                      teacher                                                                               22

    outside certificate                                        11                insurance

    preference                                                     11                    health                                                                                 29

association                                                                                health contribution                                                          44

    access to buildings                                       21                    life                                                                                       28

    bulletin boards                                              21                involuntary transfers                                                           13

    conferences                                                   21                jury duty                                                                                25

    days                                                                21                just cause                                                                              20

    no reprisal                                                      22                leaves of absence

    non-discrimination                                      22                    bereavement                                                                     25

    release time                                                   21                    child-rearing                                                                      26

    school committee minutes                         22                    health insurance                                                               29

    teacher list                                                     22                    jury duty                                                                            25

athletic stipends                                               42                    Peace Corps or education                                              25

battery                                                                                       personal                                                                             25

    teacher                                                           22                    professional                                                                      25

child-bearing                                                     26                    renewals                                                                             26

class size                                                            10                    return from leave                                                             25

computer technicians                                      46                    sabbatical                                                                          27

curriculum research                                         29                    temporary                                                                         25

data assistants                                                  46                    unpaid                                                                                25

discipline                                                                                leaving the building                                                             9

    teacher                                                           20                life insurance                                                                        28

doctor's certificate                                           22                longevity                                                                                43

dues deduction                                                 30                lunch, duty-free                                                                    8

duration                                                             32                maintenance of standards                                                 1

duty-free                                                                                medical coverage                                                                 28

    lunch                                                              8                  meetings

    recess                                                              8                      evening                                                                              7

educational program leave                            25                    grievance                                                                           3

evaluation                                                         17                    staff                                                                                    7

    Tier Two                                                        18                National Board Certification                                             5

evening school                                                  16                negotiation procedure                                                         1

extra-curricular                                                                     no strike                                                                                 31

    activities                                                        9                  non-teaching

    stipends                                                          41                    assignments                                                                      9

facilities                                                             20                    duties                                                                                  10

federally funded programs                            16                nurses' salaries                                                                      43

grades                                                                 9                  occupational education salary placement                      5

grievance                                                                               parent conferences                                                              7

    meetings                                                        3                  parking

    procedures                                                     2                      computer technicians and data assistants                  47

health and welfare agreement                       35                    teacher                                                                               20

 

 

 

50


 

pay date                                                                        4

pay periods                                                                   4

paychecks                                                                     5

Peace Corps                                                                  25

periods teaching                                                           8

personal leaves                                                             25

personnel file                                                                19

personnel records                                                         1

preparation time                                                          8

lost                                                                                  9

printing                                                                           1

professional days                                                         25

Professional Development Committee (PDC) ..... 7

recall                                                                               12

recess, duty-free                                                           8

reductions in force                                                       11

reprimand

teacher                                                                           20

retirement                                                                      24

early incentive plan                                                     34

monthly compensation last year                              24

sick leave buy back                                                     25

sabbatical leaves of absence                                     27

salaries                                                                            4

advancement                                                               5

nurses                                                                             43

previous teaching experience                                    10

teachers' schedules                                                      39

school calendar                                                            9

school councils                                                             31

Severability Clause                                                      50

sick leave                                                                       22

abuse                                                                              23

annual statement                                                         23

battery                                                                           22

buy back                                                               25

doctor's certificate                                               22

injury                                                                      22

sick leave bank                                                    23

abuse                                                                      24

side letters                                                            51

Linden School                                                      51

site based management                                      31

decision making process                                     32

stipends

athletic                                                                   42

extra-curricular                                                     41

storage space                                                        20

substitute pay, pro-rata                                      8

substitute teachers                                               28

summer school                                                     16

teaching

hours                                                                      6

load                                                                        6

periods                                                                   8

Tier Two                                                                18

transfers                                                                 13

involuntary                                                           13

voluntary                                                               13

unpaid leaves of absence                                   25

vacancies                                                              14

filling (vacancy pool)                                          15

preference                                                             15

vacation

computer technicians and data assistants      46

voluntary transfers                                              13

VOTE deduction                                                  22

work day                                                               6

computer technicians and data assistants      46

work year                                                              6

 

 

 

 

 

 

 

 

 

 

 

51

 

 

 

Malden Public Schools

Educator Evaluation Language

 


May 30, 2012

 


Article 14

Table of Contents

(1)                Purpose of Educator Evaluation

(2)                Definitions

(3)                Evidence Used in Evaluation

(4)                Rubric

(5)                Evaluation Cycle:  Training

(6)                Evaluation Cycle:   Annual Orientation

(7)                Evaluation Cycle:   Self-Assessment

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

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

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

(11)             Observations

(12)             Evaluation Cycle:  Formative Assessment

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

(14)             Evaluation Cycle:  Summative Evaluation

(15)             Educator Plans :  General

(16)             Educator Plans:  Developing Educator Plan

(17)             Educator Plans:  Self-Directed Growth Plan

(18)             Educator Plans:  Directed Growth Plan

(19)             Educator Plans:  Improvement Plan

(20)             Timelines

(21)             Career Advancement

(22)             Rating Impact on Student Learning Growth

(23)             Using Student feedback in Educator Evaluation

(24)             Using Staff feedback in Educator Evaluation

(25)             Negotiating other changes

(26)             Transition from Existing Evaluation System

(27)             General Provisions



1)             Purpose of Educator Evaluation

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

B)            The regulatory purposes of evaluation are:

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

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

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

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

2)             Definitions

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

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

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

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

E)            District-determined Measures: Measures of student learning, growth and achievement related to the Massachusetts Curriculum Frameworks, Massachusetts Vocational Technical Education Frameworks, or other relevant frameworks, that are comparable across grade or subject level district-wide. These measures may include, but shall not be limited to: portfolios approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects.

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

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

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

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

iii)            Directed Growth Plan shall mean a plan developed by the Educator and the Evaluator of one school year or less for Educators with PTS who are rated needs improvement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

R)            Multiple Measures of Student Learning: Measures must include a combination of classroom, school and district assessments, student growth percentiles on state assessments, if state assessments are available, and student MEPA gain scores.  This definition may be revised as required by regulations or agreement of the parties upon issuance of ESE guidance expected by July 2012.

S)            Observation:  A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of any duration by the Evaluator and may include examination of artifacts of practice including student work. A video observation may be requested by the teacher based on teacher consent. The parties agree to bargain the protocols of video observations should either party wish to adopt such practice.  Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator.   Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator.  Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article. 

T)             Parties: The parties to this agreement are the local school committee and the employee organization that represents the Educators covered by this agreement for purposes of collective bargaining (“Employee Organization/Association”).

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

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

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

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

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

V)            Performance Standards: Locally developed standards and indicators pursuant to M.G.L. c. 71, § 38 and consistent with, and supplemental to 603 CMR 35.00. The parties agreed to limit standards and indicators to those set forth in 603 CMR 35.03.

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

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

Y)            Rating of Overall Educator Performance:  The Educator’s overall performance rating is based on the Evaluator’s  professional judgment and examination of evidence of the Educator’s performance against the four Performance Standards and the Educator’s attainment of goals set forth in the Educator Plan, as follows:   Needs a rating of proficient on all four standards to have an overall rating of proficient.

i)              Standard 1:  Curriculum, Planning and Assessment

ii)             Standard 2:  Teaching All Students

iii)            Standard 3:  Family and Community Engagement

iv)            Standard 4:  Professional Culture

v)             Attainment of Professional Practice Goal(s)

vi)            Attainment of Student Learning Goal(s)

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

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

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

iii)            Elements:  Defines the individual components under each indicator

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

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

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

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

DD)        Teachers Leader – A teacher who has accepted additional, non-evaluative responsibilities in his/her school or department, for example mentors, lead teachers, coaches.

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

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

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

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

ii)             At least two district-determined measures of student learning related to the Massachusetts Curriculum Frameworks or the Massachusetts Vocational Technical Education Frameworks or other relevant frameworks that are comparable across grades and/or subjects district-wide.  These measures may include:  portfolios, approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects.  One such measure shall be the MCAS Student Growth Percentile (SGP) or Massachusetts English Proficiency Assessment gain scores, if applicable, in which case at least two years of data is required.

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

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

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

i)              Unannounced observations of practice of any duration.

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

iii)            Examination of Educator work products.

iv)            Examination of student work samples.

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

i)              Evidence compiled and presented by the Educator, including :

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

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

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

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

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

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

4)             Rubric

The rubrics are a scoring tool used for the Educator’s self-assessment, the formative assessment, the formative evaluation and the summative evaluation.   The districts may use either the rubrics provided by ESE or comparably rigorous and comprehensive rubrics developed or adopted by the district and reviewed by ESE.

A)            An Educator must receive a rating of Proficient on all four standards to receive overall rating of proficient.

B)            All Elements and Indicators must be rated Proficient in Standards I and II to achieve a rating of Proficient in those Standards.  A rating of Proficient may contain no more than three elements rated Needs Improvement in Standard III and Standard IV combined.  Any element rated Needs Improvement automatically becomes a goal in the next evaluation cycle.

5)             Evaluation Cycle:  Training

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

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

6)             Evaluation Cycle:  Annual Orientation

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

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

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

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

7)             Evaluation Cycle:  Self-Assessment

A)            Completing the Self-Assessment

i)              The evaluation cycle begins with the Educator completing and submitting to the Primary or Supervising Evaluator a self-assessment by October 1st or within four weeks of the start of their employment at the school. 

ii)             The self-assessment includes:

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

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

(c)           Proposed goals to pursue:

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

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

B)            Proposing the goals

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

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

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

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

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

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

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

B)            To determine the goals to be included in the Educator Plan, the Evaluator reviews the goals the Educator has proposed in the Self-Assessment, using evidence of Educator performance and impact on student learning, growth and achievement based on the Educator’s self-assessment and other sources that Evaluator shares with the Educator.   The process for determining the Educator’s impact on student learning, growth and achievement will be determined after ESE issues guidance on this matter. See #22, below.

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

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

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

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

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

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

A)            In the first year of practice or first year assigned to a school:

i)              The Educator shall have at least one announced observation during the school year using the protocol described in section 11B, below.

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

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

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

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

A)            The Educator whose overall rating is proficient or exemplary must have at least one unannounced observation during the evaluation cycle.  For the 2012-2013 school year, the primary and supervisory evaluators will complete the number of observations required to gather evidence to complete the appropriate rubric. 

B)            The Educator whose overall rating is needs improvement must be observed according to the Directed Growth Plan during the period of Plan, which must include at least two unannounced observations.

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

11)          Observations

The Evaluator’s first observation of the Educator should take place by November 15.  Observations required by the Educator Plan should be completed by May 15th.  The Evaluator may conduct additional observations after this date.

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

A)            Unannounced Observations

i)              Unannounced observations may be in the form of partial or full-period classroom visitations or any other means deemed useful by the Evaluator, principal, superintendent or other administrator.

ii)             The Educator will be provided with at least brief written feedback from the Evaluator within 3-5 school days of the observation.  The written feedback shall be delivered to the Educator in person, by email, placed in the Educator’s mailbox or mailed to the Educator’s home.

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

B)            Announced Observations

i)              All non-PTS Educators in their first year in the school, PTS Educators on Improvement Plans and other educators at the discretion of the evaluator shall have at least one Announced Observation.

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

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

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

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

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

(d)           The Evaluator shall provide the Educator with written feedback within 5 school days of the post-observation conference.  For any standard where the Educator’s practice was found to be unsatisfactory or needs improvement, the feedback must:

(1st)        Describe the basis for the Evaluator’s judgment.

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

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

(4th)        State that the Educator is responsible for addressing the need for improvement.

12)          Evaluation Cycle:  Formative Assessment 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

F)            The Educator may reply in writing to the Formative Evaluation report within 5 school days of receiving the report.

G)            The Educator shall sign the Formative Evaluation report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative

Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

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

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

14)          Evaluation Cycle:  Summative Evaluation

A)            The evaluation cycle concludes with a summative evaluation report.  For Educators on a one or two year Educator Plan, the summative report must be written and provided to the educator by May 15th.

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

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

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

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

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

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

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

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

J)             The Evaluator shall meet with the Educator rated needs improvement or unsatisfactory to discuss the summative evaluation. The meeting shall occur by June 1st.

K)            The Evaluator may meet with the Educator rated proficient or exemplary to discuss the summative evaluation, if either the Educator or the Evaluator requests such a meeting. The meeting shall occur by June 10th.

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

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

N)            The Educator shall have the right to respond in writing to the summative evaluation which shall become part of the final Summative Evaluation report.

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

15)          Educator Plans – General       

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

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

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

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

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

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

16)          Educator Plans:  Developing Educator Plan

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

B)            The Educator shall be evaluated at least annually.                                                          

17)          Educator Plans:  Self-Directed Growth Plan  

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

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

18)          Educator Plans:  Directed Growth Plan

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

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

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

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

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

19)          Educator Plans:  Improvement Plan

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

B)            The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of no fewer than 30 calendar days and no more than one school year.  In the case of an Educator receiving a rating of unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins.

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

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

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

F)            The Improvement Plan process shall include:

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

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

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

G)            The Improvement Plan shall:

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

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

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

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

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

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

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

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

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

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

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

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

(c)           In those cases where the Educator was placed on an Improvement Plan as a result of his/her Summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is not making substantial progress toward proficiency, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

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

 


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

Activity:

Completed By:

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

September 15

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

Educator submits self-assessment and proposed goals

October 1

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

October 15

Evaluator completes Educator Plans

November 1

Evaluator should complete first observation of each Educator

November 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

* or four weeks before Formative Assessment Report date established by Evaluator

January 5*

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

February 1

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

February 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

*or 4 weeks prior to Summative Evaluation Report date established by evaluator

April 20*

Evaluator completes Summative Evaluation Report and meets with the NPTS Educator

May 1

Evaluator completes Summative Evaluation Report for the PTS Educator

May 15 

Evaluator meets with all Educators

June 1

Educator signs Summative Evaluation Report and adds response, if any within 5 school days of receipt

within five days of receipt

 

 

 


A)            Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes unannounced observation(s)

Any time during the 2-year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

Evaluator completes Summative Evaluation Report

May 15 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 1 of Year 2

Educator signs Summative Evaluation Report

within five days of receipt

 

B)            Educators on Plans of Less than One Year

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

21.        Career Advancement

A)         In order to attain Professional Teacher Status, the Educator should achieve ratings of proficient or exemplary on each Performance Standard and overall.

B)         In order to qualify to apply for a teacher leader position (e.g., mentors, coaches, lead teachers), the Educator must have had a Summative Evaluation performance rating of proficient or exemplary for at least the previous two years.

C)         Educators with PTS whose summative performance rating is exemplary and, after 2013-14 whose impact on student learning is rated moderate or high, shall be recognized and rewarded with public commendation or other acknowledgement as determined by the district through collective bargaining where applicable.

22.        Rating Impact on Student Learning Growth

ESE will provide model contract language and guidance on rating educator impact on student learning growth based on state and district-determined measures of student learning by July 15, 2012. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter.

23.        Using Student feedback in Educator Evaluation

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

24.        Using Staff feedback in Educator Evaluation

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

 

25.        Negotiating other changes

The parties agree this agreement may be reopened at the request of either party to negotiate changes arising out of regulation 603 CMR 35.00 or specifications by the Massachusetts DESE pertaining to educator evaluations. 

26.        Transition from Existing Evaluation System

A)         The parties may agree that 50% of more of Educators in the district will be evaluated under the new procedures at the outset of this Agreement, and 50% or fewer will be evaluated under the former evaluation procedures for the first year of implementation of the new procedures in this Agreement.  If there are fewer than 50% of PTS teachers in any school moving into the current Professional Growth Cycle 1 and 3, the principal will ask for volunteers to move to the new cycle.  If a sufficient number of volunteers do not come forward, the names of the Professional Growth Cycle 2 and 4 teachers will all be put in a hat.  Names will be drawn from the hat until the total number of PTS teachers participating in the new evaluation reaches at least one half the total number of PTS teachers in the school.

Teachers moving into the current Professional Growth Cycle 1 and 3 in September of 2012 will begin the new evaluation cycle in September 2012.  Teachers moving into Professional Growth Cycle 2 and 4 on September 2012 will create SMART goals for the 2012-2013 school year, and begin the new evaluation cycle in September of 2013.

B)         The parties shall agree on a process for identifying the Educator Plan that each Educator will be placed on during the Educator’s first year being evaluated under the new procedures, providing that Educators who have received ratings of unsatisfactory or its equivalent in the prior year will be placed on Self-Directed Growth or Improvement Plans at the sole discretion of the Superintendent.

C)            The existing evaluation system will remain in effect until the provisions set forth in this Article are implemented. The relevant timeframe for adopting and implementing new systems is set forth in 603 CMR 35.11(1).

26.        General Provisions

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

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

C)         The superintendent shall insure that Evaluators have training in supervision and evaluation, including the regulations and standards and indicators of effective teaching practice promulgated by ESE (35.03), and the evaluation Standards and Procedures established in this Agreement.

D)         Should there be a serious disagreement between the Educator and the Evaluator regarding an overall summative performance rating of unsatisfactory, the Educator may meet with the Evaluator’s supervisor to discuss the disagreement. Should the Educator request such a meeting, the Evaluator’s supervisor must meet with the Educator.  The Evaluator may attend any such meeting at the discretion of the superintendent.

D)            The parties agree to establish a joint labor-management evaluation team, which shall review the evaluation processes and procedures annually through the first three years of implementation and recommend adjustments to the parties.

E)            Violations of this article are subject to the grievance and arbitration procedures.  The arbitrator shall determine whether there was substantial compliance with the totality of the evaluation process. When the evaluation process results in the termination or non-renewal of an Educator, then no financial remedy or reinstatement shall issue if there was substantial compliance.