Lynn

Show detailed information about district and contract

DistrictLynn
Shared Contract District
Org Code1630000
Type of DistrictMunicipal K12
Union AffiliationAFT
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyEssex
ESE RegionCommissioners Districts
UrbanUrban Supt Network
Kind of Communityurbanized centers
Number of Schools24
Enrollment13373
Percent Low Income Students78
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Lynn

AGREEMENT

between the

SCHOOL COMMITTEE

CITY OF LYNN

and the

LYNN TEACHERS UNION

LOCAL 1037, AFT, AFL-CIO

2010-2011

2011-2012

2012-2013

TABLE OF CONTENTS

Preamble

Page

Identification of Parties

6

Article I Union Recognition, Jurisdiction,

6

and Definition

7

Article II Committee Rights Clause

8

Article III Compensation

10

A. Basic Salary Schedules 

10

B. Compensation for Advanced Degrees

11

C. Career Increments

11

D. Differentials for Special Service Personnel

11

E.  Method and Time of Salary Payment.

13

F.  Anniversary Date.

13

G. Substitute Teachers Pay

13

H. Teaching Before and/or After the Regular School Year

14

I.  Itemized Payroll Deductions

14

J.  Mileage Allowance

14

K. Lynn Vocational Technical Institute

15

L.  Severance Pay

15

M. Extra-Curricular Activities 

16

N. Hourly Rates of Pay

16

O. Placement on the Salary Schedule

16

P.  Professional Travel.

16

Q. Job Preference

17

Article IV Fringe Benefits

17

A. Blue Cross-Blue Shield

17

B. Life Insurance

17

C. Pension

18

D. Tax-Free Annuity

18

E.  Workers’ Compensation

18

F.  Annual Redemption of Sick Leave.

19

Article V Working Conditions

19

A. Discipline

19

B. Teaching Load – Teaching Programs

20

C. Class Size

21

D. School Facilities

22

E.  Duty-Free Lunch Period

23

F.  Relief from Non-Teaching Duties.

23

G. Notices and Announcements

24

H. Extra-Curricular Activities

24

I.  Scholarship Standards

24

J.  Marks 

25

K. Training Teachers.

25

L.  Hiring of Substitutes  

25

M. Length of School Day and School Year

26

N. After School Meetings

27

O. Safety and Health Standards.

28

P. Assistance in Assault Cases.

29

Q. Termination of Employment

29

R. Transporting Children

29

S.  Seniority

29

T.  Data Processing.

30

U. Corridor Duty.

31

V. Termination of Employees

31

Article VI Teacher Files – Teacher Evaluations

35

A. Teacher Files

35

B. Teacher Evaluation

36

Article VII Transfers: Promotions.

38

A. Application for Promotion

38

B. Transfers

39

Article VIII Leaves of Absence

40

A. Union Leave.

40

B. Sick Leave

40

Sick Bank Regulations

42

C. Sabbatical Leave

43

D. Personal Leave

44

E.  Funeral Leave

45

F. Military Leave.

45

G. Organized Reserve Forces 

45

H. Religious Leave

46

I.  Maternity Leave.

46

J. Visiting Days

48

K. Leave for Conference, Conventions, Etc.

48

L.  Other Leaves

48

M. Jury Duty

49

N. Adoption Leave

49

O. Returning from a Leave of Absence.

49

Article IX Professional Improvement

50

A. Curriculum Standards 

50

B. In-Service Training

50

C. Educational Council

52

D. Course Approval

52

E.  Professional Development Activities

52

Article X Policy Statements  

53

A. Secondary Schools (Grades 7-12)

53

1.Teacher Programs 

53

2.Program Guidelines

54

3.Rotation

55

Article XI Grievance Procedure

55

A. Definition.

55

B. Adjustment of Grievance

56

1.Level 1 – Principal

56

2.Level 2 – Deputy Superintendent of Schools

56

3.Level 3 – Superintendent of Schools

58

4.Special Procedures for Grievances Relating to Salary and Leave Matters

59

5.Time Limits

60

Article XII Arbitration.

60

Article XIII Union Privileges, Responsibilities, and Rights

61

A. Fair Practices

61

B. Dues Check-off

62

C. Allowed Time for Union Negotiations

62

D. Distribution of Materials

63

E.  Bulletin Boards

63

F.  No Union Activity on School Time.

63

G. Protection of Individual and Group Rights

63

H. Information 

64

I.  Existing Laws and Regulations Preserved  

64

J.  Printing of Contract.

64

K. Time for Building Representatives

64

L. School Committee Meetings: Advance Agenda – Minutes

65

M. Agency Service Fee.

65

N. Time Off for Union President.

65

Article XIV Handling of New Issues.

66

Article XV Savings Clause

66

Article XVI Resolution of Differences by Peaceful Means

67

Article XVII Duration

67

Letter of Understanding – 1

68

Letter of Understanding – 2

68

Attachment A

68

Appendix A-1 Basic Salary Schedule

71

Appendix A-2 Basic Salary Schedule

72

Appendix A-3 Basic Salary Schedule

73

Appendix B Extra-Curricular Activities

74

Appendix C Teacher Performance Evaluation System

76

1.Rationale for the Performance Evaluation of Staff

77

2.Principles of Effective Teaching

79

3.Authority, Scope and Purpose

79

4. Definitions

80

5.Principles of Evaluation

81

6.Procedures for Evaluation

81

7.Responsibility of the Principal

83

8. Frequency of Performance Evaluation

84

9.Performance Evaluation Activity

85

10. Conferences

85

11. Record of Performance

87

12. Summary

88

Education Laws and Regulations 603 CMR 35.00: Evaluation of Teachers and Administrators.

89

Lynn Public Schools Performance Evaluation-Teachers

98

PREAMBLE

WHEREAS, the School Committee of the City of Lynn and the Lynn Teachers Union, Local 1037, American Federation of Teachers, AFL-CIO, acknowledge and reaffirm their realization that their common duty involves much more than their collective bargaining endeavors, and

WHEREAS, education of the highest quality is the goal of both the School Committee and the Lynn Teachers Union, and

WHEREAS, this goal will be approached constructively through periodic consultation, and

WHEREAS, in a secret ballot election, the Lynn Teachers Union was chosen by a majority of the teachers as the exclusive collective bargaining agent for all such teachers, and

WHEREAS, the School Committee and the designated representatives of the Lynn Teachers Union have fully considered and discussed changes in salary schedules, improvement in professional working conditions, and a procedure for the solution of grievances

NOW THEREFORE, the following agreement is made and entered into on October 27, 2011, by and between the School Committee of the City of Lynn (hereinafter referred to as the “Committee”) and the Lynn Teachers Union, Local 1037, American Federation of Teachers, AFL-CIO (hereinafter referred to as the “Union”).

Article I

UNION RECOGNITION,

JURISDICTION AND DEFINITIONS

A.  Union Recognition

The Lynn School Committee recognizes the Lynn Teachers Union, Local 1037, American Federation of Teachers, AFL-CIO as the exclusive bargaining representative for all classroom teachers including substitute teachers on a long-term assignment, excluding all other employees of the School Department.

B.  Jurisdiction

The Jurisdiction of the Union shall include those persons now or hereafter who perform the duties or functions of the categories of employees in the bargaining unit, regardless of whether these duties or functions are performed by present, or modified by new processes or equipment.

C.  Definitions

The term “school” as used in this Agreement means any work location or functional division maintained by the School Department.

The term “principal” as used in this Agreement means the responsible administrative heads of their respective schools.

The term “teacher” and the term “person” as used in this Agreement means a person employed by the Committee in the bargaining unit as described in Article I.

The term “Committee” as used in this Agreement shall be understood to mean the School Committee of the City of Lynn, a public body organized under the applicable provisions of the Constitution of the Commonwealth, the General Laws of said Commonwealth as amended, and the City Charter of the City of Lynn, a political subdivision of said Commonwealth and functioning in accordance with the applicable laws, rules, and regulations as have been adopted, promulgated, or amended by said Commonwealth or City.

The term “Superintendent” as used in this Agreement shall be understood to mean the person holding the position of Superintendent of Schools of the Lynn School Department.

The term “Administration” or “The Administration” shall be understood to mean the same as Superintendent, Deputy Superintendent and Human Resource Manager.

The term “parties” as used in this Agreement refers to the Committee and the Union as participants in this Agreement.

The term “Union representative” as used in this Agreement means any qualified designee of the Union.

The term “substitute teacher on a long-term assignment” shall mean a substitute who has completed twenty (20) consecutive school days in one assignment.

Wherever the singular is used in this Agreement it is to include the plural.

Whenever in this Agreement a personal pronoun is used, such pronoun shall be understood to apply equally to both male and female members of the bargaining unit.

Article II

COMMITTEE RIGHTS CLAUSE

Section A.

It is agreed that the School Committee of the City of Lynn, hereinafter called “The Committee” or “The Lynn School Committee,” is a public body established under, and with powers provided by, the General Laws of the Commonwealth of Massachusetts, and nothing in this Agreement shall be deemed to derogate from, or impair any right, duty, or privilege conferred upon the Committee by statute or by any rule or regulation or an applicable agency of the Commonwealth of Massachusetts.

Section B.

Except as otherwise provided in this Agreement, or as otherwise provided in any law or rule or regulation promulgated under law, the School Committee acting through its Superintendent and/or other administrative representatives, shall exercise its functions, duties, and responsibilities in such manner as may be prescribed by such law or laws as may now or subsequently be in effect.

Among the functions, duties, and responsibilities included, but not limited thereto nor wholly inclusive, shall be the following: To hire, promote, transfer, assign, and retain employees within the Lynn Public Schools and to suspend, discharge, or take such other disciplinary action as may be provided for by law.

Section C.

The failure of the Committee to exercise any right or power hereby reserved to it, or the exercise by it of any such right in a particular manner shall not be deemed a waiver nor a restriction of any such exercise of rights.

Section D.

The Committee retains all powers, rights, duties, and authority which it had prior to entering into this Agreement except those matters agreed to herein.

Section E.

The Committee designates the Superintendent as its agent in all matters pertaining to this Agreement.

Article III

COMPENSATION

A. Basic Salary Schedules

1. The salaries and differential of the members of bargaining Unit A are set forth in Appendices A 1-3 which are attached to and made a part of this Agreement.

2. The salary schedule represents compensation for a 180 day work year.

3. Two (2) additional days for the purpose of staff development shall be compensated at the rate of 1/180th of each individual’s total salary per day. *Students will not be in attendance on staff development days.

These days shall be scheduled between the first and last day of the school year. They shall not be scheduled for weekends, holidays, or vacation periods.

Such compensation shall be payable on or before July 1st.

Effective September 1, 2007, two (2) additional days for the purpose of staff development shall be compensated at the rate of 1/180th of each individual’s total salary per day. *Students will not be in attendance on staff development days.

The first staff development day shall be held on the Tuesday after Labor Day. The second staff development day shall be scheduled between the first day of student attendance and the last day of student attendance.

No meetings voluntary or other shall be scheduled prior to the first staff development day.

Such compensation shall be payable on or before July 1st.

B.  Compensation for Advanced Degrees

Differentials for Bachelors + 15 credits or Vocational Certificate + 60, Bachelors + 30 credits, Master’s Degree, Master’s Degree + 15 credits or Nationally Certified ASHA, Master’s Degree + 30 credits, Master’s Degree + 45 credits, shall be set forth in the attached appendices. Teachers attaining National Board Certification shall advance one (1) column up to but not including the Doctorate column.

C.  Career Increments

Career increments shall be granted as follows:

4%      5 years                   11th step      Masters +30

6%      10 years                 11th step      Masters +30

8%      15 years                 11th step      Masters +30

12%    20 years                 11th step      Masters +30

14%    25 years                 11th step      Masters +30

17%    30 years                 11th step      Masters +30

Career increments shall be paid effective in September following the completion of years of service in the Lynn School System. Creditable years are cumulative, not necessarily consecutive.

For career increments purposes, teachers serving more than one-half (1/2) school year will receive credit for that year of service.

D. Differentials for Special Service Personnel

1. Teachers of educable and trainable classes, who are certified for these positions, are to receive a differential of $500.00 in addition to their basic salary effective the September following certification.

2. Effective September 1, 2006, cluster leaders shall receive a one thousand dollar ($1,000.00) stipend annually and lead teachers shall receive a one thousand dollar ($1,000.00) stipend annually.

3. Compensation for members of the bargaining unit who, upon approval of the Superintendent or his designee, have been assigned duties of head teachers, lead teachers, or other duties beyond those of the classroom shall be determined by the findings of a joint study committee. This committee shall be comprised of an equal number of Union and School Committee representatives. No employee will receive a reduction in compensation.

4. Effective September 2011, compensation for members of the bargaining unit serving as 504 chairpersons shall be as follows.

School enrollment

Stipend

Below 300

$900

Between 300 and 399

$1,000

Between 400 and 999

$1,150

1000 or more

$1,350

5. Effective September 2011, compensation for members of the bargaining unit serving as Bullying Coordinators shall be as follows.

School enrollment

Stipend

Below 300

$900

Between 300 and 399

$1,000

Between 400 and 999

$1,150

1000 or more

$1,350

6. Effective September 2012, Members of the bargaining unit teaching at the Lynn Evening Education Program (LEEP) shall be compensated as follows. Each teacher’s compensation shall be prorated in accordance with his / her attendance.

Number of classes

Stipend

1

$3,500

2

$7,000

3

$10,500

4

$14,000

E.  Method and Time of Salary Payment

Salaries of teachers shall be paid in forty-two (42) weekly installments, starting with the second week of the school year in September, and continuing until the payment of the forty-second installment. All installments shall be paid before June 30. If a teacher leaves or dies during the school year, he or his estate shall be entitled to a prorated share based on his period of service in relation to the number of days schools are in session during the school year, minus the compensation already paid.

The annual salary including career increments, differentials, and advance degrees shall be divided by 180 and multiplied by the appropriate number of days.

F.  Anniversary Date

For purpose of salary payment, full-time teachers serving more than one-half (1/2) school year will advance a step on the salary schedule each September.

G. Substitute Teachers Pay

Substitute teachers shall be paid seventy-five dollars ($75.00) a day. Starting with the twenty-first (21st) day in one assignment, a substitute teacher will be paid in accordance with the regular schedule, determined by vote of the School Committee on the Superintendent’s recommendation after consideration of the substitute’s training and experience.

Building substitutes shall be paid one hundred dollars ($100.00) per day and will be guaranteed one hundred eighty (180) school days of employment. For the purposes of this section, a building substitute is a day-to­day substitute who is assigned to one school and employed each day of the school year.

Long-term substitutes shall not receive a seniority date until he/she has been teaching sixty (60) days in succession in an assignment for which they are certified and at that time his/her seniority date shall be deemed retroactive to the first day of said sixty (60) day period.

H.   Teaching Before and/or After the Regular School Year

Any teacher required to work before and/or following the close of the school year shall be compensated at the same rate of salary which they receive during the school year, such payment to be based upon an hourly, daily, or weekly rate, whichever is applicable.

I.   Itemized Payroll Deductions

A statement of weekly payroll deductions shall be provided to each employee.

J.   Mileage Allowance

Traveling teachers covered by this Agreement who are authorized to use private automobiles for school business shall be reimbursed at the rate of six hundred dollars ($600.00) per year.

Chairpersons shall be reimbursed at the rate of eight hundred dollars ($800.00) per year. Mileage allowances shall be payable on or before July 1st.

K.    Lynn Vocational Technical Institute

It is agreed and understood that those teachers at the Lynn Vocational Technical Institute teaching regular courses beyond the established school day shall be compensated on a prorated basis of their annual salary.

L.    Severance Pay

Severance pay of fifty percent (50%) of accumulated sick leave days will be paid to a legitimate retiree under the Massachusetts Teachers Retirement System, who is employed as of June 30, 1987.

In the event of death, payment shall be made to the teacher’s estate or named beneficiary of the decedent.

Employees first appointed after June 30, 1987, shall not be eligible for severance pay as aforesaid. Sick leave accumulated by any employee after June 30, 1987, shall not be credited for severance purposes. In the event that eligible employees must use sick days from the accumulation credited for severance purposes, said employee may replace those days used to the level credited to him as of June 30, 1987, from any sick leave accumulated thereafter.

A retiring employee shall have the option of receiving his cash payment on the date of his retirement or in a schedule of payments not to exceed five (5) fiscal years; such option shall be exercised in writing by the employee at least one (1) week prior to his retirement. Any amount in excess of ten thousand dollars ($10,000.00) must be deferred to the second year or, at the employee’s option, a later year.

A study committee shall be formed to examine the feasibility of removing or modifying the severance cap. Such committee shall report its findings on or before January 1, 1998.

M.   Extra-Curricular Activities

Compensation for extra-curricular activities of the members of bargaining Unit A are set forth in Appendix B, which is attached to and made a part of the Agreement.

Members of the bargaining unit shall have preference on all extra-curricular assignments.

The principal and Union building committee shall meet in September and jointly determine the extra-curricular activities for the school year and submit the same to the School Business Administrator. Individual building needs and interests may affect the designation of activities and positions however; these may not exceed the overall totals as indicated in Appendix B.

N.   Hourly Rates of Pay

Effective September 1, 2006, thirty-five dollars ($35.00) per hour shall be the rate of pay for teachers of summer school and evening school. Other assignments shall be paid at the hourly rate of thirty-five ($35.00).

O.   Placement on the Salary Schedule

Members of the bargaining unit shall be placed on the salary schedule at the step appropriate for training and creditable years of experience.

P.  Professional Travel

Teachers required by the Superintendent to travel out of town shall be reimbursed by the School Department for all expenses incurred on visiting days or while attending educational conferences and conventions with approval of the Superintendent or his designee.

Q.   Job Preference

Members of the bargaining unit shall have a job preference on all teaching positions beyond the regular school day or school year. On-site teachers shall have first preference for teaching positions designated for that specific school population.

Seniority based on consecutive years of experience in the Lynn School Department, certification, and ability to perform shall govern all assignments.

Article IV

FRINGE BENEFITS

A.  Blue Cross – Blue Shield

The City of Lynn shall provide seventy-five percent (75%) of the cost of the Blue Cross – Blue Shield plan or HMO adopted by the City under Chapter 32B of the General Laws of the Commonwealth.

The current City policy for retirees shall remain in force. The City of Lynn shall provide a pre-tax deduction of insurance premiums in accordance with Section 125 of the Internal Revenue Code.

B.  Life Insurance

The City of Lynn shall provide seventy-five percent (75%) of the cost of a $10,000.00 life insurance policy as adopted by the City under Chapter 32B of the General Laws of the Commonwealth.

The current City policy for retirees shall remain in force.

C.   Pension

The parties agree that all provisions of the Massachusetts Teachers Retirement Plan shall be made a part of this Agreement.

D.  Tax-Free Annuity

Teachers shall be allowed to take advantage of the federal law concerning tax-free annuities.

Teachers may have an amount of their weekly salary directly deposited to a bank or other financial institution as to take advantage of the federal law. The Committee will request the Treasurer of the City of Lynn to deduct and submit said sums as specified.

E.  Workers’ Compensation

Teachers shall be included under the provisions of the Workers’ Compensation Law.

A teacher who is absent because of a personal injury arising out of or in the course of his employment shall be paid full pay during the statutory period of exemption, without loss of personal sick days. Following the period of the statutory exemption, Workers’ Compensation disability allowance shall be paid. Teachers eligible for Workers’ Compensation shall be allowed to draw upon sick leave benefits until weekly compensation is paid. Requests are to be made with the Human Resource Manager.

Upon request, the teacher may be able to draw from sick leave benefits to make up the difference between the Workers’ Compensation coverage and his weekly salary.

Upon presentation of medical bills, each teacher shall be reimbursed by the Committee for all medical expenses, to the extent that such expenses are not already covered by the Committee.

F.  Annual Redemption of Sick Leave

An employee who has used fewer than a total of five (5) sick days for the school year may elect to redeem sick days in a lump sum cash payment in accordance with the following schedule:

Annual Sick Days

Sick

Available Redemption

 

Days Used

 

15

0

5

14

1

4

13

2

3

12

3

2

11

4

1

10

5

0

Prior to the close of school in June of each year, the School Department will notify each qualifying employee of the number of days he may redeem. Such compensation shall be payable on or before July 15th.

Unredeemed sick days will be accumulated in the manner provided in Article VIII, Section B.

Members of the Sick Leave Bank as set forth in Article VIII, Section B, part 5, shall not suffer any loss of available redemption following the assignment of one (1) sick day annually to the bank.

Article V

WORKING CONDITIONS

A. Discipline

The Discipline Code which was worked out between the Administration and the Union shall be the department policy. Copies of the Code shall be printed and distributed to all professional personnel. Maintenance of proper student discipline shall be the responsibility of every member of the bargaining unit.

A Discipline Evaluation Board shall be formed composed of parents, teachers, and administrators. The purpose of this board shall be to assist in the management of the Code, to analyze its success or failure, and to recommend any changes in policy or procedures for consideration by the School Committee and the Union.

B.    Teaching Load – Teaching Programs

“Teaching periods” are those periods in which the teacher is actively involved with the pupil in the act of teaching, and has participated in the planning of the instruction to be conducted.

“Homeroom classes” are those in which children assemble in the morning and other times during the day for administrative purposes.

“Administrative periods” are those periods, equal in length to a teaching period, during which the teacher is programmed for a regular activity other than teaching.

“Preparation periods” are those periods, equal in length to a teaching period, during which the teacher is not assigned to a regular programmed responsibility but is engaged in work relating to his teaching assignment.

Such preparation periods shall be distributed in each school on an equitable basis.

1. Grades 7-12 – The parties agree that they will work toward the desirable objective of a basic maximum of twenty-five (25) teaching periods in prepared academic, shop, and related subjects, five (5) administrative periods, and five (5) preparation periods.

2. English teachers – The parties agree that they will work toward the desirable objectives:

a.    A daily program made up of four (4) teaching periods [four (4) different classes of different students] shall constitute a full program for teachers of English, and

b.    Teachers of English shall be assured a basic weekly maximum of twenty (20) teaching periods, ten (10) preparations, and five (5) administrative periods.

C.   Class Size

1.    The Committee and the Union recognize the desirability of achieving optimum teaching-learning conditions by assuring workable class size. To this end the Committee agrees to continue to work toward the implementation of the following class size maxima:

Grades K-12 – twenty-five (25) pupils Industrial Arts Classes – twenty (20) pupils *Special Education Classes – eight (8) pupils *English Language Learners Classes – eighteen (18) pupils

*Lynn Vocational Technical Institute

*The composition and size of such classes shall be in accordance   with   the   State   Department   of   Education policy.

2. The foregoing class size maxima shall not apply to those classes normally considered as large group activity or to experimental classes.

3. Existing practice in the Title I program shall continue. In Kindergarten, if the enrollment is twenty (20) or more pupils an instructional aide shall be assigned. In Grade 1, if the enrollment is thirty-one (31) or more pupils an instructional teacher aide shall be assigned. In Grades 2-6, if the class enrollment is thirty-six (36) or more pupils an instructional teacher aide shall be assigned.

4. Instructional aide assignments in effect as of November 1 shall continue for the remainder of the school year unless the class is split. If the number of students increases in a class after it is split to the contractual limits in number 3 above, an aide shall be reassigned to the class no later than seven days after the student increase. No paraprofessional or instructional aide shall lose his/her job due to this provision but may be reassigned in accordance with the above language and according to the paraprofessional contract.

D. School Facilities

The School Committee shall endeavor to provide at the site of or in each school building:

1. Parking facilities.

2. Storage space in each classroom.

3. An adequately equipped workroom to be used by teachers in preparing instructional materials.

4. An appropriately furnished room to be used as a faculty lounge.

5. Well-lighted and clean teachers’ restrooms.

6. Mailbox for each teacher.

7. Library facilities.

8. Consultation rooms for testing purposes and teacher-parent interviews.

9. A copying machine, computer shall be available in each school for teacher use in preparing instructional materials. These items shall be accessible in an area accessible to all teachers.

E.  Duty-Free Lunch Period

Every teacher shall be provided with at least a thirty (30) minute duty-free lunch period.

Aides shall be employed to cover the duty-free lunch period of teachers in the elementary schools.

F.  Relief from Non-Teaching Duties

1. Preparation time of no less than ninety (90) minutes for elementary school teachers will be guaranteed per week with the possibility of additional preparation time being available. Substitutes shall be hired for music, art, and physical education teachers in the event of their absence to fulfill preparation time requirements. It is the option of the classroom teacher to remain in the classroom during preparation time.

Effective September 1, 2007, preparation time of no less than three (3) forty (40) minute periods will be guaranteed to elementary school teachers per week. Preparation periods will not be scheduled on the same day. The possibility of additional preparation time may be available. Substitutes shall be hired for music, art, physical education, library media, technology, science, creative learning, social studies, and math teachers in the event of their absence to fulfill preparation, time requirements. It is the option of the classroom teacher to remain in the classroom during preparation time.

2. A committee comprised of three (3) members appointed by the Union and three (3) members appointed by the Administration shall convene no later than October 15, 2007. The committee will examine the feasibility of increasing elementary preparation time. If the committee concludes by majority vote that available time already exists or additional time could be made available without impacting the School Department budget, then said additional preparation time will be provided. The School Business Manager will certify that there will be no financial impact on the budget.

All preparation time is defined as unassigned individual work time.

3. Teachers are not responsible for the collection of monies associated with commercial ventures.

G. Notices and Announcements

1. All official bulletins shall be posted on school bulletin boards for the inspection of teachers.

2. Each teacher shall have a copy of Rules and Regulations of the Lynn School Committee.

3. A directory of personnel in the Lynn School Department shall be made available to all personnel.

4. A copy of school programs will be made accessible to a teacher by his principal upon the teacher’s reasonable request.

5. A systematic method of circulating information should be devised in each building.

Classroom interruptions for notices or for public address announcements should be held at an absolute minimum.

H. Extra-Curricular Activities

Assignments to extra-curricular activities shall be voluntary.

I.   Scholarship Standards

1. The parties agree that continuing study will be given to suiting the curriculum to the student and developing optimum teaching-learning conditions.

2. Transfer of pupils from one teacher to another is to be minimized.

J.   Marks

1. Final marks should not be required of any teacher before May 15 for Grade 12, and fifteen (15) days before the close of school for Grades 7, 8, 9, 10, and 11.

2. A teacher’s marks shall not be changed without valid reason. No marks shall be changed unless the teacher is consulted first. Grade changes will include the name/initial of the person making the change.

Grades received from summer school, home class, etc. shall include a code designation.

K. Training Teachers

1. Advance notice and consultation with the teacher are prerequisites to the assignment of student teachers.

2. Vouchers for supervising teachers should be distributed on an equitable basis.

L. Hiring of Substitutes

1. Employment of substitutes should be the responsibility of the Administration, but may be delegated to department heads.

2. Substitutes shall be hired to cover classes of regularly assigned teachers when they are absent.

3. In emergency situations when substitutes are not available:

a. First, teachers with preparation periods shall be requested to substitute at the hourly rate of pay. Effective September 1, 2006, thirty-five dollars ($35.00) per hour shall be the rate of pay for teachers.

b. If no one volunteers, an administrative period will be assigned at no cost.

4. Elementary teachers substituting for a principal for a full day or more shall be compensated at the principal’s index.

M. Length of School Day and School Year

1. The regular term of all day schools shall constitute not more than 180 instructional days and two (2) additional non-instructional days for staff development purposes. The first staff development day shall be the Tuesday after Labor Day (September 7, 2010, September 6, 2011, September 4, 2012). Students will report to school the Wednesday after Labor Day and continuing into the month of June until the school term is completed. The second staff development day shall be scheduled between the first day of student attendance and the last day of student attendance.

During the school year 2010-2011, school will be suspended on Saturdays and Sundays; October 11, 2010; November 11, 2010; Noon prior to Thanksgiving (November 24, 2010) until the following Monday; Friday, December 24, 2010 through Friday, December 31, 2010; January 17, 2011; February 21-25, 2011; April 18-22, 2011; May 30, 2011.

During the school year 2011-2012, school will be suspended on Saturdays and Sundays; October 10, 2011; November 11, 2011; Noon prior to Thanksgiving (November 23, 2011) until the following Monday; Monday, December 26, 2011 through Monday, January 2, 2012; January 16, 2012; February 20-24, 2012; April 6, 2012; April 16-20-2012; May 28, 2012.

During the school year 2012-2013, school will be suspended on Saturdays and Sundays; October 8, 2012; November 12, 2012; Noon prior to Thanksgiving (November 21, 2012) until the following Monday; Monday, December 24, 2012 through Tuesday, January 1, 2013; January 21, 2013; February 18-22, 2013; March 29, 2013; April 15-19, 2013; May 27, 2013.

2. The school day for teachers shall be defined as a six (6) hour fifteen (15) minute day for elementary schools and a seven (7) hour day for secondary schools. Teachers shall be at their assignment at least fifteen (15) minutes before the start of school and shall remain at their assignment fifteen (15) minutes beyond the end of the school session.

3. The Committee may adjust the hours of the school day provided the number of hours are not increased and no regular school session begins before 7:45 a.m. or extends after 3:00 p.m.

If it becomes necessary to begin any regular school session before 7:45 a.m. or extend it after 3:00 p.m., this will not be done without consultation with and agreement of the Union.

4. Teachers may leave the building during the school day with the approval of the school principal, provided however, that teachers may leave the building during their lunch period, giving notice to the office upon leaving, and upon return.

N. After School Meetings

1. The parties agree that attendance at three PTA meetings or Open Houses shall be required. Teachers serving in more than one school building shall not be required to attend more than three (3) meetings.    The teacher and respective school principals shall arrange an appropriate visitation schedule at alternating sites. The teacher will be available for all students under his/her supervision. Attendance at additional PTA meetings shall be by mutual agreement between the faculty and the principal.

2. Conferences with parents shall be conducted at the close of the school day by prior arrangement between the parent and the teacher.

3. Teachers with professional status may be required to attend up to ten (10) in-service and/or curriculum meetings each year. Additional meetings may be required of teachers without professional status.

4. Building meetings shall be held at reasonable intervals at the discretion of the principal. Advance notice of such meetings shall be provided at least forty-eight (48) hours prior to the meeting except in an emergency.

5. Teachers shall provide assistance in their subject field one (1) school day each week for a length of time sufficient to meet the needs of the students. If there is a conflict as a result of more than one subject being scheduled for that afternoon, then the teacher shall schedule an alternative time to meet the needs of the student.

6. All meetings shall not exceed one (1) hour beyond the close of school.

O. Safety and Health Standards

1. The School Department shall conform with all Massachusetts safety laws.

2. Primary grades (K-3) should be located in the classrooms on the first floor of school buildings wherever possible.

P.  Assistance in Assault Cases

1. Principals shall report all cases of assault suffered by teachers, in connection with their employment, to the Superintendent of Schools.

2. Whenever it is alleged that a teacher has assaulted a person or that a person has assaulted a teacher, the principal and Superintendent shall conduct an investigation of the incident. The Superintendent shall comply with any reasonable request from the teacher for relevant information in the Committee’s possession not privileged under law concerning the person or persons involved.

Q. Termination of Employment

The required notice of termination of employment is thirty (30) days.

Teachers shall be given written notification of termination, at their last listed address provided to the School Department, following the vote of the School Committee.

R. Transporting Children

Teachers shall not transport children in the teachers’ automobiles.

S.  Seniority

1. The School Department shall prepare a seniority list which indicates the date on which all members of the bargaining unit were hired.

2. Teacher seniority is based upon length of professional service in the Lynn School Department. Periods of service divided by a break due to resignation or termination shall not be added together to determine seniority.

3. For leave purposes, only those leaves of absence covered by the contract shall accrue seniority.

4. A member of the bargaining unit, first employed after September 1, 1997, in a position for which they do not possess a Massachusetts teaching certification shall not accrue seniority status. All members of the bargaining unit employed prior to September 1, 1997, shall be grandfathered. For the purpose of this section, employment shall mean the first day of active service.

5. When a member of the bargaining unit, first employed after September 1, 1997, in a position for which they do not possess a Massachusetts teaching certification, either acquires a certificate for that position during the school year, or moves into a position for which they do possess a certificate he/she shall receive seniority status upon the occurrence of either event. Service of sixty (60) school days in succession while certified in that position prior to the close of the school year shall be required. In the event that less than sixty (60) school days have been achieved prior to the expiration of the school year and provided that the teacher is reappointed to a position which he/she is certified starting the first day of school in the succeeding year, then the prior year’s service may be included in the calculation of the sixty (60) school days of successive service.

T. Data Processing

1. The implementation of automated data processing will be employed as soon as practicable in all schools for:

a. attendance records

b. scoring standardized tests

c. census reports

d. schedules

2. Machine scoring of standardized tests shall be implemented in all schools.

U. Corridor Duty

The purpose of corridor duty assignment is to: (1) maintain the safe conduct of the school, an atmosphere where learning can take place without interruption; (2) act as a deterrent to vandalism; and (3) insure the safety and well-being of the students at all times.

As a corridor monitor, teacher responsibility is simply to question anybody who is in the corridor. If they are students attending the school, they should have a corridor pass. If they are “outsiders,” refer them to the office. At no time are you, as a corridor monitor, expected to get into a dispute with anybody in the corridor. Simply request identification (corridor pass) from a student or refer anyone other than a student to the office.

If anyone ignores your request to report to the office, merely let him go on his way and call the office from the nearest intercom phone.

Nothing in the above should be construed as to limit administrative periods to corridor duty only.

It is understood that the corridor monitor shall be mobile.

V. Termination of Employees

1. An employee may be dismissed or his/her assignment to a building terminated if there is a substantial decrease in pupil enrollment, funding and/or cutbacks in programs, provided such dismissal or termination is done on a seniority basis.

2. Seniority basis shall mean:

a. Insofar as state certification laws permit, all teachers without professional status shall be terminated before a teacher with professional status.

b. All employees shall be terminated according to seniority within certification; in order of years of service within the school system, the employee with the least number of years service being the first to be terminated.

3. If layoffs are to be carried out or assignment to a building is to be terminated under Sections 1 and 2 above, an affected teacher with professional status shall be offered the opportunity to transfer to any position within the bargaining unit for which he/she is certified and has seniority over other personnel in accordance with Article VII, Section B. Teachers with professional status affected by the aforementioned transfer policy shall also be given the same opportunity to transfer.

Effective September 1, 2007, if layoffs are to be carried out or assignment to a building is to be terminated under Sections 1 and 2 above, an affected teacher with professional status shall be offered the opportunity to transfer in accordance with Article VII, Section B. Teachers with professional status affected by the aforementioned transfer policy shall also be given the same opportunity to transfer.

4. If layoffs are to be carried out or assignment to a building is to be terminated under Sections 1 and 2 above, an affected teacher without professional status shall be assigned to a position for which he/she is certified by the Superintendent.

5. The transfer policy outlined in Section 3 shall begin after the June 1 posting and shall continue until all affected teachers with professional status have been given the opportunity to transfer. Teachers shall be locked into their position for one school year following a transfer.

6. Any available positions, after the completion of transfers, shall be filled with any remaining unassigned teachers with professional status in order of seniority until the next posting of available positions at which time they may bid or be given the opportunity to transfer to any position within the bargaining unit for which they are certified and have seniority over other personnel.

7. Rehiring shall also be based on seniority, i.e., the person whose service was terminated last shall be the first re-employed:

a. Any member of the bargaining unit laid off because of the elimination of a position or a reduction in professional staff shall be placed on a recall list.

b. A copy of the recall list shall be made available to the Union.

c. A member shall possess recall rights for a period of five (5) years following the end of the school year in which the layoff occurs.

d. A member on layoff shall be recalled in order of seniority to a position within the bargaining unit for which he/she is certified before any new employee is hired.

e. A member on layoff shall have preference in the employment of day-to-day substitutes and substitutes on a long-term assignment. If on a long-term assignment, members of the bargaining unit shall be compensated at the rate appropriate to the next step of service following the layoff. Failure to respond shall not constitute a forfeit of rights.

f.    Notification of recall shall be thirty (30) days prior to the opening of school or as soon as possible when recall is to occur. Notice shall be by telephone first and if no answer, by certified or registered mail. The position will be held for a response for ten (10) calendar days from date of mailing of letter. If the ten (10) days expire, the next senior staff member with the proper certification for said position shall be notified.

Failure to respond to the written notice of recall within the ten (10) day period will result in the member being frozen on the recall list until the next opening for which he/she is certified.

g. A recalled member shall have the same benefits and seniority as of the last day of employment prior to layoff. For salary purposes, a member recalled to an open position, and not as a substitute, shall receive the appropriate amount as per the salary schedule from the first day of recall. A member recalled to a position as a long-term substitute shall receive the appropriate amount, as per the salary schedule, from the first day of recall. An inactive member on the recall list shall not advance on the salary schedule until recalled.

h. The provisions of this Article shall not be construed to permit transfers or layoffs which would:

(1)   Deprive any bargaining unit member of professional status or other rights to continued employment.

(2)   Result in the assignment of a teacher to a position which requires special qualifications which the teacher does not possess.

i.   The Union shall be notified of impending recalls and succeeding action as soon as such information is known to the Department. j. Employees on layoff shall receive prior notice of the time and place of postings.    A member on layoff must fully exercise their seniority rights at the time of posting of available positions.  Failure to do so shall be a termination of seniority rights. 8. Teachers on layoff shall be allowed to retain their Blue Cross – Blue Shield or HMO coverage at group rates provided that the teacher will assume one hundred percent (100%) of the cost as adopted by the City.

Article VI

Teacher Files –

Teacher Evaluations

A. Teacher Files

1. A teacher’s personnel file shall be made up of all the documents and other materials which are accumulated from the beginning of a teacher’s service in the Lynn Public Schools.

2. Teacher files shall be maintained under the following circumstances:

a. No material derogatory to a teacher’s conduct, service, character, or personality shall be placed in the files by an administrator unless the teacher is sent a dated copy at the same time.

b. The teacher shall have the right to submit a response to the statement. The teacher’s answer shall also be included in the file.

c. Upon request, a teacher shall be given access to his/her file within twenty-four (24) hours.

d. Upon receipt of a written request, the teacher shall be furnished a reproduction of any material in his file.

3. Derogatory statements or reports kept by administrators at the school level are subject to the same provisions as official personnel files.

4. Official grievances filed by any teacher under the grievance procedure as outlined in this Agreement shall not be placed in the personnel file of the teacher; nor shall such grievance become a part of any other file or record which is utilized in the promotion process; nor shall it be used in any recommendations for job placement.

B. Teacher Evaluation

The policy document entitled “Lynn Public Schools – Teacher Performance Evaluation System, October 1988” shall be attached to and made a part of this Agreement.

As of September 1, 2004, the document entitled “Lynn Public Schools – Teacher Performance Evaluation System, September 2004” shall replace the document entitled “Lynn Public Schools – Teacher Performance Evaluation System, October 1988” and shall be attached hereto as Appendix C and made part of this Agreement.

1. All observations of teaching performance shall be conducted personally and with full knowledge of the teacher and with prior notice. Prior notice shall be at least one (1) school day and not more than five (5) school days before the observation is to occur. If the evaluator does not evaluate within the aforementioned parameters the prior notice must be repeated.

Notice shall be given for the formal evaluation, but the total evaluation is continuous and ongoing and notation shall be made of this cumulative evaluation in the teacher’s file, subject to the provisions of Article VI, Section A.

2. The principal in each building shall be responsible for the evaluation of all teachers assigned to the building.

3. When teachers are observed by more than one (1) evaluator, they shall be advised by the principal of the exact division of such responsibility.

4. No adverse comments shall be given to teachers by evaluators in the presence of others.

5. In the case of an unsatisfactory rating, a person or persons making the rating must be knowledgeable in instruction at the grade level or in the subject matter area. Such person or persons must have observed the teacher in classroom performance at least four (4) times for a period of no less than fifteen (15) minutes.

6. Within a period of three (3) days following the evaluation of any teacher, the evaluator shall meet with the teacher to discuss the evaluation report.

Effective September 1, 2007, within a period of ten (10) school days following the evaluation of any teacher, the evaluator shall meet with the teacher to discuss the evaluation report.

7. After the discussion, the teacher shall sign the report, but the teacher’s signature does not necessarily indicate agreement with the contents.  The teacher shall also have the right to make a written reply which shall be attached to the report.

8. Evaluations which reveal unsatisfactory performance shall include suggestions by the evaluator for the teacher’s improvement. Teachers may also request additional help from the school administration.

9. A copy of each evaluation report shall be filed in the teacher’s personnel file and a copy provided to the teacher immediately following the discussion referred to in item #6 above.

10. After three (3) years, a teacher may have all negative materials removed from his/her file and destroyed, provided there is no reoccurrence.

Article VII

Transfers: Promotions

A. Application for Promotion

1. When vacancies occur, other than classroom teachers, notice of such vacancies shall be posted promptly on the appropriate bulletin board by the principal in each school.

2. Qualifications, requirements, duties, salary, and other pertinent information should be set forth.

3. Applications will be received from the personnel who believe themselves qualified by reason of experience, training, capacity, and general ability to execute proficiently all the demands of the position.

4. As to positions within the bargaining unit, where factors specified in items 2 and 3 above are the same among a number of candidates, seniority in the Lynn School Department should given consideration.

5. Such applications shall be in writing and shall set forth the basis on which the applicant solicits consideration. Reasonable time should be allowed for such submission of bids. A month is suggested.

6. Promotions within the Lynn Vocational Technical Institute shall be governed by the policies of the Massachusetts State Department of Education so long as they are binding on the Committee and thereafter by Sections 1-5 above.

B. Transfers

1. The transfer process is applicable only to those teachers with professional status.

2. Requests for transfers shall be submitted in writing and renewed annually at any time in the year to the Superintendent of Schools. All transfer requests shall include the grade and/or subject area to which the teacher seeks assignment and school or schools in order of preference.

3. During the school year when vacancies within the bargaining unit occur, they shall be filled on a temporary basis. All available positions shall be posted on June 1 and on June 15 in the Administration Building, with a copy sent to the Union by mail.

4. All teachers actively employed, including those returning from an authorized leave of absence, adversely affected by the closing of positions or prior transfers must fully exercise their seniority rights at the time of posting of available positions. Failure to do so shall be a termination of seniority rights.

5. Notice of transfer shall be given to a teacher as soon as possible following the granting of the teacher’s request.

6. Seniority based on consecutive years of experience in the Lynn School Department, certification, and ability to perform shall govern all voluntary and involuntary transfers.

7. Effective September 1, 2007, a teacher with fifteen or more years of seniority may not be displaced by a more senior teacher unless there is absolutely no other position for which the more senior teacher is certified.

8. Any involuntary transfer shall be made only after a meeting between the teacher involved and the Superintendent, or his designee, at which time the teacher shall be notified of the reason of the transfer.

Article VIII

Leaves of Absence

A.  Union Leave

An employee who is an officer of the Union or who is appointed to its staff shall, upon proper application in June of the previous year, be given a leave of absence without pay for the purpose of performing legitimate duties for the Union. Employees given leaves of absence without pay for a school year shall receive credit toward annual salary increments on the schedules appropriate to their rank.

B.  Sick Leave

1. In the case of personal illness or accident, or illness in the immediate family (parent, husband, wife, child, brother, sister, or other relationship determined by the Superintendent of Schools), teachers shall be allowed absence of fifteen (15) working days during each school year without loss of pay.

Such leave not used in the year of service for which it is granted shall be accumulated for use in subsequent years.

Any accumulation of sick leave days which present employees have at the effective date of this Agreement shall be retained.

2. Teachers completing twenty (20) years of service shall be entitled to apply for a maximum of two (2) thirty (30) day sick leave extensions. Effective September 1, 2004, teachers completing twenty (20) years of service shall be entitled to apply for a maximum of two (2) thirty-two (32) day sick leave extensions.

3. Any teacher in the Lynn School Department excluded or removed from employment on account of tuberculosis in a communicable state shall be carried on sick leave with pay for the entire period of such exclusion or removal, but in no case for more than two (2) years, and for such further additional period as he may be entitled to under the regulations of the Lynn School Committee.

4. Each teacher shall receive a notice of his accrued sick leave during the month of September. The information should be transmitted in a sealed envelope.

5. Effective September 1, 2004, after thirty (30) consecutive days of absence, the School Committee has the right to send an employee to a physician chosen by the School Committee at School Committee expense. If the teacher’s physician and the School Committee’s physician disagree, the School Committee reserves the right to send the employee to a third doctor not affiliated with the first or second at School Committee expense. The employee will be bound by the majority opinion of the physicians visited.

6. There shall be established a Sick Leave Bank under the following conditions:

Sick Bank Regulations

The purpose of the Sick Leave Bank will be to provide its members sick leave with pay for periods of disability resulting from catastrophic illness, accident, or injury.

a. Any member of the bargaining unit who so certifies may assign one (1) sick day annually to the Sick Leave Bank in September or upon employment.

b. Such teacher, five (5) days after the exhaustion of his personal sick leave, both annual and accumulated, and who still is disabled due to an extended illness or injury may draw upon the bank, if application is approved. Applications for the withdrawal of days shall be made to the Sick Leave Bank Committee by written notice to the Human Resource Manager. Applications must be filed prior to use of the Bank and contain medical verification substantiating the inability to work. For long-term absences, a second medical opinion may be required.

c. The Sick Leave Bank shall be administered by a Sick Leave Bank Committee composed of two (2) members designated by the Union and two (2) members designated by the School Committee to serve for a period of two (2) years. The Sick Leave Bank Committee shall receive all requests for use of the Sick Leave Bank filed with the Human Resource Manager. Approval of all requests for use of the Sick Bank will be made by the Superintendent and the Union President.

d. Upon approval of initial request, the Sick Leave Bank Committee shall allow up to fifteen (15) days use by the member. Effective September 1, 2004, upon approval of the initial request, the Sick Leave Bank Committee shall allow up to twenty (20) days use by the member. Where circumstances warrant, additional entitlement may be granted upon written request at the discretion of the Superintendent and the Union President.

e. The decisions of the Superintendent and the Union President shall be final and binding.

f.   Any member of the Sick Leave Bank who so certifies may terminate membership in the Bank; however, members shall not be entitled to withdraw days previously contributed. Any member who fails to contribute the required day annually shall be terminated in the same manner.

C. Sabbatical Leave

1. Sabbatical leaves shall be granted only to personnel who have attained professional status in the Lynn Public Schools. The number of leaves to be granted shall be determined each year by the School Committee.

2. Applications from eligible applicants must be submitted prior to January 15th for leave beginning the following September.

3. Each application must include a proposed plan of study, travel, or research, a statement of the applicant’s professional purpose, and the expected value to the Lynn Public Schools.

4. In granting leaves of absence the School Committee will take into consideration the recommendations of the Superintendent and the educational value to the Lynn Public Schools of the proposed project. The decision of the Superintendent and the School Committee shall be binding.

5. Personnel granted leaves of absence will receive full pay for one (1) semester or half (1/2) pay for one (1) year. Professional status, regular salary increments, and standing shall not be impaired.

6. Prior to the granting of such leave an applicant shall enter into a written agreement with the Lynn School Committee that upon termination of such leave he will return to service in the Lynn Public Schools for a period of two (2) years and that in default of completing such service he will refund to the City of Lynn an amount equal to such proportion of salary received by him 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.

7. The decision to grant or reject sabbatical leave requests shall be made by the first School Committee meeting in March.

D. Personal Leave

1. Teachers shall be granted three (3) days of personal leave annually. Such leave may not be accumulated. No reasonable request for such leave shall be denied. Specific reasons need not be given. Such leave must be requested in writing to the principal at least forty-eight (48) hours in advance except in an emergency.

Personal leave shall not be used for the purpose of extending vacations or holidays.

2. Unused personal leave shall be added to the accumulated sick leave at the end of the school year.

E.  Funeral Leave

1. Four (4) days funeral leave including the day of the funeral shall be granted to teachers upon the death of anyone in the immediate family, their mother-in-law or father-in-law, brother-in-law, sister-in-law, son-in-law and daughter-in-law, grandparents, grandchild, or anyone residing in the same household with the teacher. The preceding shall also apply to step relatives.

2. Permission to attend the service shall be granted to at least one (1) teacher per building in the case of death of a teacher retired from that building.

3. Upon the death of an active member of the bargaining unit, the school at which the member worked shall be closed during the hours of the funeral. Teachers shall attend the service or report to school.

4. Funeral leave of one (1) day shall be allowed on the death of an aunt, uncle, niece, nephew, or in-laws if not living in the household.

5. Additional days for out-of-state travel may be granted at the discretion of the Superintendent.

F.  Military Leave

Military leave of absence, without pay, may be granted to a permanent teacher inducted into the armed forces for the required length of service, according to the terms of the Selective Services and Training Act of 1940, and subsequently amendments by Congress.

G.  Organized Reserve Forces

Every person who is a member of a reserve component of the Armed Forces of the United States shall be granted, in accordance with Section 59 of Chapter 33 of the General Laws, leave of absence, without loss of pay, during the time of his annual tour of duty as a member of such reserve component; provided, however, that such leave shall not exceed seventeen (17) days.

H. Religious Leave

1. Jewish teachers shall be excused from three (3) days of class sessions if necessary without loss of pay on Rosh Hashanah and Yom Kippur.

2. Greek teachers shall be excused from class sessions on Orthodox Good Friday without loss of pay.

3. Russian Orthodox teachers shall be excused from class sessions on Orthodox Good Friday without loss of pay.

4. Asian teachers shall be excused from class sessions on their respective New Year’s Day without loss of pay.

I.   Maternity Leave

1. Upon reasonable notice to the Superintendent of Schools, a teacher shall be granted a maternity leave of absence without pay to become effective at her discretion and to terminate not more than two (2) years after the termination of pregnancy. However, to continue teaching after the sixth (6th) month of pregnancy, the teacher shall secure a medical doctor’s certificate stating that such pregnancy will not interfere with her health and her physical ability to perform the duties of a teacher.

2. A teacher on maternity leave shall notify the Superintendent of Schools of her intent to return at any time during the two (2) year period after termination of pregnancy.

Effective September 1, 2007, a teacher on maternity leave shall notify the Superintendent of Schools of her intent to return thirty (30) days prior to her return date.

3. If a teacher fails to return from the maternity leave by the expiration of the two (2) year period, her employment shall be terminated.

4. Unless the teacher notifies the Superintendent of Schools during the two (2) year period of the date of her availability to return within the two (2) year period of the maternity leave, her employment shall be terminated.

5. A teacher returning from maternity leave will be reinstated to her previous position, if there is a vacancy, or to another comparable vacant teaching position for which she is qualified.

6. The teacher returning from a maternity leave will retain all her previous rights. Salary placement shall be at the next step of the salary schedule if the teacher served one-half (1/2) or more of the school year in which the leave was granted.

7. a. Employees shall  be entitled to  receive compensation for accumulated sick leave days for any time period during which they are disabled due to pregnancy, childbirth, or related conditions.

b. Employees, at their option, are entitled to use fewer sick leave days than the amount to which they are eligible.

c. Employees shall be paid for the sick leave days at the applicable rate as of the time period for which the sick leave is claimed.

d. The Committee may request medical verification of the disability forty-two (42) calendar days from the date of delivery in order for the teacher to continue the use of sick leave benefits.

J.   Visiting Days

1. Teachers shall be permitted to visit in other classrooms of the City of Lynn or in other cities and towns to observe teaching techniques and inspect teaching materials. Permission for such activity shall be granted only after submission of pertinent data, which include the number of days, and has been approved by the Superintendent of Schools.

2. The teacher shall submit a written report of the time so spent, naming the schools and classes visited, work and methods observed, with suggestions and comments on the same.

K. Leave for Conferences, Conventions, Etc.

With the approval of the School Committee no more than three (3) official delegates of the Lynn Teachers Union shall be granted leave with pay to attend conventions of affiliated bodies, educational conferences, or other functions which contribute to the advancement of educational welfare in the City of Lynn.

L. Other Leaves

1. A teacher in the bargaining unit shall be granted a leave of absence of one (1) school day with pay to attend commencement exercises at which he will be awarded a degree.

2. A teacher in the bargaining unit shall be granted a leave of absence with pay for one (1) day to attend commencement exercises excluding K-6 at which his wife, husband, son, or daughter will be awarded a diploma or degree.

3. If a teacher attending summer school, under a program approved by the Superintendent of Schools, finds his assignment commencing prior to the close of school he shall be released prior to the closing of school without pay.

4. A teacher shall be granted his regular salary without loss of pay when required to report for a Selective Service Examination.

5. Members of the bargaining unit shall be granted a leave of absence without pay for two (2) years to serve with the National Teacher Corps or the Commonwealth Teacher Corps in a community other than Lynn.

6. Members of the bargaining unit shall be granted a leave of absence without pay for two (2) years to serve in the Peace Corps.

7. A teacher who marries shall be granted two (2) weeks leave without compensation.

M. Jury Duty

A teacher in the bargaining unit shall be granted leave for jury duty and any difference in pay over compensation for jury duty shall be made up by the School Committee.

N. Adoption Leave

Upon reasonable notice to the Superintendent of Schools, an adopting parent shall be granted an adoption leave of absence without pay to become effective at his/her discretion and to terminate not more than two (2) years from the day of adoption. If a teacher fails to return from the adoption leave by the expiration of the two (2) year period, his/her employment shall be terminated.

O. Returning from a Leave of Absence

1. A teacher granted a leave of absence during one school year, for a full year or less, upon conclusion of the leave will return to his/her assignment. A substitute will be employed during the leave of absence.

2. A teacher granted a leave of absence or extension thereof extending into two (2) school years, will have his/her assignment posted in June. Upon return, the teacher will apply for an open position in accordance with Article VII, Section B.

3. Any individual returning from a long-term leave of absence shall notify the Administration before May 1 of that year.

4. Any individual returning from a long-term leave of absence who returns prior to the end of the academic year shall be placed in the least senior position available in accordance with his/her certification and fully exercise their rights in June.

Article IX

Professional Improvement

A.  Curriculum Standards

1. Opinions and suggestions as to the kind of teaching materials purchased shall be sought from academic personnel and determination shall be made by the Committee.

2. Delivery of all books and supplies for the following year shall be made as soon as possible prior thereto.

Teachers shall be notified concerning supplies and materials which are denied, or which will not be available, if possible.

B.  In-Service Training

1. The parties agree that the School Committee should continue to provide improved and diversified in-service training programs for teachers. It is further agreed that aid to teachers without professional status, in their teaching performance, be included.

2. Effective September 1, 2006, teachers selected to participate in summer programs shall be reimbursed at the rate of thirty-five dollars ($35.00) per hour.

3. The Committee and the Union agree to work affirmatively to implement their mutual objectives of effective integration of faculties and student bodies in all Lynn Public Schools.

4.  In-Service Summer Training

a.   Teachers employed for the school year 1982-83 at Lynn Vocational Technical Institute and who teach throughout the school year 1983-84 at LVTI shall be compensated for attendance at summer teacher training classes Said teachers shall be compensated for the number of days attended on a prorated basis.

For the school year 1984-85, those teachers who taught at LVTI for the 1982-83 and 1983-84 school year, the above conditions shall apply.

b. For certified Related and Shop teachers who join the staff on September 1, 1983, at LVTI and who teach throughout the school year 1983-84 at LVTI, the School Department shall comply with the Vocational Bureau of the State Department of Education regulations in regard to vocational education teacher training, using acceptable practices including but not limited to attendance at summer teacher training classes.

For those who attend the summer training classes at Fitchburg, they shall be compensated for the number of days attended on a prorated basis.

Attendance at summer training sessions shall require the approval of the School Committee. 5. The parties agree to the formation of a committee to investigate   and   report   upon,   support   and   retraining programs for teachers.

C.  Educational Council

The parties agree to an Educational Council to confer on issues herein contained in this Agreement. Three (3) members of the Council shall be appointed by the School Committee and three (3) shall be appointed by the Union.

D.  Course Approval

College courses to be credited toward progression on the salary schedule must be approved in advance by the Superintendent of Schools.

E.  Professional Development Activities

1.    Members of the bargaining unit shall receive one (1) salary credit for each ten (10) professional development points earned. This section shall apply only to internal activities offered by the department. PDP’s for salary credit shall require the advanced approval of the Superintendent or his designee. (Note: This applies to credits earned after September 1, 1997.)

2. Teachers shall receive a list of all scheduled professional development activities for the school year no later than October 1. Amendments to the schedule shall be communicated to all teachers.

3. The committee shall provide in-service training to the professional staff for salary credit. For salary purposes, one (1) credit shall be granted for ten (10) hours of participation. All courses must be approved by the Superintendent in advance.

A joint management and Union committee shall meet in September to determine the in-service activities for that school year.

The Union may provide in-service programs for salary credit under the same conditions with prior approval of the Superintendent.

Article X

Policy Statements

The parties, recognizing the authority of the School Committee to manage and administer the school system, have agreed on the following procedures.

A. Secondary Schools (Grades 7-12)

1. Teacher Programs

a. No later than sixty (60) calendar days before the end of the school year, programming preference sheets shall be available to all teachers. Where advisable and feasible, preferences shall be honored to the extent consistent with the provisions of this Agreement relating to rotation and programming.

b.   No later than June 1st teachers shall be notified of the following matters concerning their programs for the next school year:

(1)   Subjects to be taught

(2)   Grades of the subjects to be taught

(3)   Any academically talented, accelerated, honor, seminars, or special groupings which teachers may be required to teach

(4)   The grade level and any other available pertinent       information       regarding       the homeroom class

c.   No later than five (5) school days before the close of the school year, teachers shall receive their program for the following school year, including the periods and room assignments.

d. It is understood that items detailed above may be considered subject to revision if necessary because of changes in subject enrollments, staff turnover, and programming exigencies. Explanation for any such change shall be provided in writing by the principal to any teacher affected.

2.   Program Guidelines – Wherever administratively possible,   teacher   programs   should   follow   these guidelines:

a. Teachers shall be assigned to teach in their area of certification.

b. The parties agree that they should work toward the goal that there should be no more than three (3) consecutive teaching assignments and no more than four (4) consecutive working assignments except for teachers normally programmed for double periods.

c. The number of different rooms in which assignments occur shall be kept to a minimum.

d. The number of lesson preparations shall be kept at a minimum. Within a department, a teacher with a home class and a full teaching program shall be given preference in the assignment of the number of preparations. First year and substitute teachers shall have no more than two (2) preparations daily.

e. Equitable standards shall be applied within each school for exemption from homerooms and administrative assignments.

f.   In rooms with specific stations (shops, typing rooms, laboratories), the number of pupils assigned to such rooms shall not exceed the number of stations available.

3. Rotation

a.   In the assignment of homeroom classes, the policy of annual rotation shall be followed insofar as possible.

b. In the matters of non-teaching assignments, the policy of annual rotation should be followed except for unusual circumstances. It is understood, however, that upon his request a teacher may retain a particular non-teaching assignment if the needs of the school will be served thereby.

Article XI

Grievance Procedure

A. Definition

1. A “grievance” shall mean a complaint by an employee or the Union that there has been a violation, misinterpretation, or inequitable application of any of the provisions of this Agreement.

2. As used in this Article the term “employee” shall mean either an individual employee or a group of employees having the same grievance.

3. The Union may initiate and process grievances under the following procedure, acting in place of the employee.

B. Adjustment of Grievance

1.    Level 1 – Principal

a. An employee may present a grievance to the principal of the school within fifteen (15) school days following knowledge by the grievant of the act or condition which is the basis of his complaint, unless the grievant has a valid excuse for later filing.

b. The employee and the principal shall first confer on the grievance with a view to arriving at a mutually satisfactory resolution of the complaint. At the conference, the employee may be represented by the appropriate Union representative; but where the employee is represented he must be present. Whenever a grievance is presented to the principal by the teacher personally, the principal shall give the Union representative the opportunity to be present and state the views of the Union.

c. The principal of the school shall communicate his decision in writing to the aggrieved employee and to the Union representative who participated within five (5) school days after receiving the complaint.

d. The principal shall send a copy of his decision to the Deputy Superintendent.

2. Level 2 – Deputy Superintendent of Schools

a.    If the grievance is not satisfactorily adjusted, the aggrieved employee may appeal it within five (5) school days to the appropriate superior for a satisfactory adjustment. The appeal shall be in writing and shall set forth specifically the act or condition and the grounds on which the grievance is based.

b. The Deputy Superintendent shall meet and confer with the aggrieved employee. The aggrieved employee and his representatives, if any, shall be given at least two (2) school days notice of the conference and an opportunity to participate.

c. The employee shall be present at the conference, except that he need not attend where it is mutually agreed that no facts are in dispute and that sole question is one of interpretation of a provision of this Agreement, or of what is established policy or practice.

d.   Notice of the conference shall also be given to the principal of the school who rendered the decision at Level 1. The principal of the school may be present at the conference to state his or her views.

e. Where the employee is not represented by the Union at this level, the appropriate superior shall furnish the Union with a copy of the appeal from Level 1, together with notice of the date of the conference. In such cases, the Union may be present and state its views.

f.   The appropriate superior shall communicate his decision in writing, together with the supporting reasons, to the aggrieved employee, to the Union representatives who participate at this level, and to the principal of the school who rendered the decision at Level 1 within ten (10) school days after receiving the appeal.

3. Level 3 – Superintendent of Schools

a. If the grievance is not resolved at Level 2, the aggrieved employee may appeal from the decisions at Levels 1 and 2 to the Superintendent of Schools within ten (10) school days after the decision of the appropriate superior has been delivered. The appeal shall be in writing, shall set forth specifically the reasons for the appeal, and shall be accompanied by a copy of the appeal and the decision at Level 2.

b. The Superintendent of Schools, or his designated representative, shall meet and confer with the aggrieved employee with a view to arriving at a mutually satisfactory resolution of the complaint. The aggrieved employee and the appropriate Union representative shall be given at least two (2) school days notice of the conference and an opportunity to be heard.

c. Notice of the conference shall also be given to the principal of the school and to the Deputy Superintendent. The principal of the school and the appropriate superior may be present at the conference and state their views.

d. When the employee is not represented by the Union at this level, the Superintendent of Schools shall furnish the Union with a copy of the appeal from Level 2 together with notice of the date of the conference. In such cases, the Union may be present and state its views.

e. The Superintendent shall communicate his decision in writing, together with the supporting reasons, to the aggrieved employee and to any Union representative who participated at this level within ten (10) school days after receiving the appeal. f. The principal of the school and the appropriate superior shall also receive a copy of any decision at this level.

4. Special Procedures for Grievances Relating to Salary and Leave Matters:

a. Any grievance based on a complaint that the employee has been placed on the wrong salary schedule, or step, or that he has been improperly denied an increment, or that his salary has been miscalculated, or that the person’s absence deduction was improperly calculated shall be filed directly with the Human Resource Manager and shall next be appealed to the Superintendent of Schools. In such cases, the provisions of the general procedures relating to Level 2 shall apply to the presentation and adjustment of the grievance at the level of the Human Resource Manager except that:

(1)   The grievance shall be filed within fifteen (15) school days following knowledge by the grievant of the act or condition which is the basis of the complaint, unless the grievant has a valid excuse for later filing.

(2)   The employee need not be present at the conference.

The provisions of the general procedures relating to Level 3 shall apply to any appeal to the Superintendent of Schools from the decision of the Human Resource Manager.

5. Time Limits

a. The time limits in this Article may be extended by mutual agreement.

b. Failure at any level of the grievance procedure to appeal within the specified time limits shall be considered acceptance by the employee of the decision rendered.

c. Failure at any level of the grievance procedure to communicate a decision within the specified time limits shall permit the employee to proceed to the next level.

Article XII

Arbitration

A grievance dispute which was not resolved at the level of the Superintendent under the grievance procedure may be submitted by the Union to arbitration. The proceeding may be initiated by filing with the School Committee and the American Arbitration Association a request for arbitration. The notice shall be filed within ten (10) school days after receipt of the decision of the Superintendent, under the grievance procedure. The voluntary labor arbitration rules of the American Arbitration Association shall apply to the proceeding. The parties shall determine by lot which of them shall strike first from the list of arbitrators submitted.

The arbitrator shall issue his decision not later than thirty (30) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date of transmitting the final statements and proofs to the arbitrator.   The decision shall be in writing and shall set forth the arbitrator’s opinion and conclusion on the issues submitted. The decision of the arbitrator, if made in accordance with his jurisdiction and authority under this Agreement, will be accepted as final by the parties to the dispute and both will abide by it. The arbitrator’s fee will be shared equally by the parties to the dispute.

The Committee agrees that it will apply to all substantially similar situations the decision of an arbitrator sustaining a grievance and the Union agrees that it will not bring or continue, and that it will not represent any employee in any grievance which is substantially similar to a grievance denied by the decision of an arbitrator.

Article XIII

Union Privileges,

Responsibilities and Rights

A. Fair Practices

As sole collective bargaining agent, the Union will continue its policy of accepting into voluntary membership all eligible persons in the unit without regard to race, color, creed, national origin, sex, marital status, age, or handicap. The Union will represent equally all persons without regard to membership, participation in, or activities in any employee organization.

The Committee agrees to continue its policy of not discriminating against any person on the basis of race, creed, color, national origin, sex, marital status, age, handicap, or participation in or association with the activities of any employee organization.

B.  Dues Check-Off

1. The Union may secure authorization for payroll deductions for Union dues. Such authorizations may be revocable as provided by law. The Committee will request the Treasurer of the City of Lynn to submit such sums in total to the Union Treasurer.

The amount of Union dues payable to the Lynn Teachers Union, Local 1037, American Federation of Teachers, AFL-CIO, shall be deducted from the salaries weekly and transmitted to the Union Treasurer weekly.

2. The Union shall be notified of any teacher withdrawing or dropped from payroll deductions.

3. Any teacher desiring to have the Committee discontinue deductions that he has previously authorized must provide written notice to the Committee.

4. When authorized in writing by a teacher on a properly executed form, the amount of his loan and savings payments to the Lynn Teachers Credit Union shall be deducted from his salary and transmitted to the Treasurer of the Credit Union.

C.  Allowed Time for Union Negotiations

1. The principal shall recognize the Union building representative as the official representative of the Union in the school.

2. The principal shall meet no more than once a month after school hours with the School Union Committee of three (3) representatives in each school except Classical, English, and L.V.T.I. High Schools where five (5) representatives shall serve, if requested by the Union representative to consult on local school problems and policies as they relate to established Committee policies and procedures and this Agreement.  No other committee composed of bargaining unit personnel shall exist for this purpose. Both parties shall submit items for the agenda.

3. The discussion of other matters, as agreed upon for discussion by the principal and the School Union Committee, is not precluded by the above. However, the principal and the School Union Committee do not have the authority to reach any decision which changes this Agreement or any established School Committee policy or procedure.

4. A committee of the Union representatives, not to exceed more than five (5) members, shall meet after school hours once a month with the Superintendent of Schools for consultation on matters of educational program and curriculum during the school year. Both parties shall submit items for the agenda.

D.  Distribution of Materials

The Union shall have the right to place Union-related materials in the mailboxes of teachers and other professional employees.

E.  Bulletin Boards

The Union shall be permitted to post Union-related notices and other materials on the school bulletin board.

F.  No Union Activity on School Time

The Union agrees that no teacher will engage in Union activity during the time he is assigned to teaching or other duties.

G.  Protection of Individual and Group Rights

1. Nothing contained herein shall be construed to prevent the Committee, a member of the Committee, or its designated representatives, from meeting with any teacher for expression of the teacher’s views. In the area of collective bargaining, no changes or modifications shall be made except through consultation or negotiation with the Union. Nothing contained herein shall be construed to permit any organization other than the Union to appear in an official capacity in the processing of a grievance.

2. Nothing contained herein shall be construed to prevent any person from informally discussing any dispute with his immediate superior or processing a grievance on his own behalf in accordance with the grievance procedure.

H. Information

The Committee shall make available to the Union, upon its reasonable request, all records relevant to negotiations, or necessary for the proper enforcement of this Agreement.

I.   Existing Laws and Regulations Preserved

The rights and benefits of persons provided herein are in addition to those provided by City, State, or Federal law, rule or regulation, including without limitation all applicable professional status, pension, or education laws and regulations.

J.   Printing of Contract

The Committee agrees to pay one-half (1/2) the cost of printing the Agreement in booklet form and to distribute copies of the Agreement to each teacher presently employed by the Committee and to each new teacher hired by the Committee.

K. Time for Building Representatives

The Union building representative in high school and junior high school shall be allowed one (1) administrative period per week for conferring with teachers assigned to that building on matters relating to the contract. The principal shall provide suitable space for such purpose.

L. School Committee Meetings:    Advance Agenda – Minutes

1. A copy of the advance agenda (commonly called “Notes of Meeting”) of all School Committee meetings shall be made available to the official Union representatives to the Committee meetings at least twenty-four (24) hours prior to the meetings. The Union representative shall be advised as soon as possible of all special meetings of the School Committee.

2. A copy of the minutes of all School Committee meetings shall be sent to the official Union representative at the same time as sent to members of the School Committee. Such minutes are not official until adopted by the Committee.

M. Agency Service Fee

Any member of this bargaining unit who is first employed by the Lynn School Department on or after September 1, 1973, and is not a member of the Lynn Teachers Union shall be required, as a condition of employment, to pay an agency fee to the Lynn Teaches Union, Local 1037, American Federation of Teachers, AFL-CIO.

Such payment shall be in accordance with Massachusetts statute, G.L. c.150E, Section 12.

N. Time Off for Union President

The President of the Union shall be relieved of duties for one (1) period a month for the purpose of attending the meeting between the Union and the Superintendent.

Article XIV Handling of New Issues

Matters of collective bargaining import not covered by this Agreement may, during the life of the Agreement, be handled in the following manner:

By the Committee: With respect to matters not covered by this Agreement which are proper subjects for collective bargaining the Committee agrees it will make no changes without prior consultation and negotiation with the Union.

By the Union: In any matter not covered in this Agreement which is a proper subject for collective bargaining the Union may raise issue with the Committee for consultation and negotiation; except that the Union shall not seek to renew to be effective during this Agreement any question introduced, debated, and settled either negatively or affirmatively during the bargaining prior to final settlement.

Being a mutual Agreement, this instrument may be amended at any time by mutual consent.

Article XV

Savings Clause

If any provision of this Agreement is or shall at any time be contrary to law, then such provision shall not be applicable or performed or enforced, except to the extent permitted by law and substitute action shall be subject to appropriate consultation and negotiation with the Union.

In the event that any provision of this Agreement is or shall be contrary to law, all other provisions of this Agreement shall continue in effect.

Article XVI

Resolution of Differences

By Peaceful Means

The Union and the Committee agree that differences between the parties shall be settled by peaceful means as provided within this Agreement. The Union shall for the term of this Agreement, not engage in, instigate, or condone any strike, work stoppage, or any concerted refusal to perform normal work duties.

Article XVII

Duration

This Agreement and each of its provisions shall be in effect as of September 1, 2010, and shall continue in full force and effect until August 31, 2013. Negotiations for a subsequent agreement shall commence on November 1, 2012, on all items. The School Committee and the Union agree to a salary reopener effective at the request of either party.

LETTER OF UNDERSTANDING – 1

between the

LYNN SCHOOL COMMITTEE

and the

LYNN TEACHERS UNION,

LOCAL 1037, AFT, AFL-CIO

It is agreed and understood that the teaching schedule at Lynn Vocational Technical Institute be re-evaluated in order to attempt to establish a basic maximum of six (6) periods a day or thirty (30) periods a week teaching load for related teachers at the LVTI.

LETTER OF UNDERSTANDING – 2

between the

LYNN SCHOOL COMMITTEE

and the

LYNN TEACHERS UNION,

LOCAL 1037, AFT, AFL-CIO

Attachment A

Section Six:

Article 5 of the charter of the City of Lynn is hereby amended by inserting the following:

Section 5-7 Allotments

On or before August 1st of each year, or within ten (10) days after the approval of the City Council and the Mayor of the annual appropriation order for such fiscal year, whichever shall occur later, the city officials in charge of departments or agencies including the Superintendent of Schools for the School Department, shall submit to the Chief Financial Officer, with a copy to the City Clerk, in such form as the Chief Financial Officer may prescribe, an allotment schedule of the appropriations of all personnel categories included in said budget, indicating the amounts to be expended by the department or agency for such purposes during each of the fiscal quarters of said fiscal year, or such shorter time periods as the Mayor or Chief Financial Officer may prescribe.

Whenever the Chief Financial Officer determines that any department or agency, including the School Department, will exhaust or has exhausted its quarterly or shorter time period allotment and any amounts unexpended in previous periods, he shall give notice in writing to such effect to the Department Head, the Mayor, the City Solicitor, and the City Clerk who shall transmit the same to City Council. Upon such a determination and upon giving such notice, the Chief Financial Officer shall provide such officers additional reports on at least a monthly basis indicating the status of such accounts.

The Mayor within seven (7) days after receiving such notice, shall determine whether to waive or enforce such allotment. If the allotment for such period is waived or not enforced, as provided above, the department or agency head shall reduce the subsequent period allotments appropriately. If the allotment for such period is enforced or not waived, thereafter the department shall terminate all personnel expenses for the remainder of such period. All actions, notices, and decisions provided for in this section shall be transmitted to the City Council and the City Clerk within seven (7) days.

No personnel expenses earned or accrued, within any department,   shall   be   charged   to   or   paid   from   such department’s or agency’s allotment of a subsequent period without approval by the Mayor, except for subsequently determined retroactive compensation adjustments. Approval of a payroll for payment of wages, salaries or other personnel expenses which would result in an expenditure in excess of the allotment shall be a violation of this section by the department or agency head, including the Superintendent of Schools and the School Committee. If the continued payment of wages, salaries or other personnel expenses is not approved in a period where a department has exhausted the period allotment or allotments as specified above, or, in any event, if a department has exceeded its entire appropriation for a fiscal year, the City shall have no obligation to pay such personnel cost or expense arising after such allotment or appropriation has been exhausted.

Notwithstanding the provisions of Chapter 150E of the General Laws, every collective bargaining agreement entered into by the City or the School Department after the effective date of this act shall be subject to and shall expressly incorporate the provisions of this section.

Appendix A-l

Basic Salary Schedule

Effective September 1, 2010

 

Bachelors

B+15

Bachelors

Masters

M+15

Masters

Masters

Doctorate

 

or Equiv.

or Voc.

+30

 

or ASHA

+30

+45

 

 

 

Cert. +60

 

 

Cert.

 

 

 

1

38,245

39,889

40,695

41,534

42,358

43,181

44,004

46,534

2

40,197

41,836

42,645

43,485

44,310

45,132

45,955

48,485

3

42,141

43,791

44,598

45,437

46,261

47,077

47,900

50,437

4

44,096

45,741

46,548

47,386

48,210

49,034

49,858

52,386

5

46,048

47,693

48,499

49,337

50,161

50,986

51,809

54,337

6

47,995

49,645

50,451

51,287

52,111

52,937

53,760

56,287

7

49,951

51,591

52,399

53,238

54,062

54,886

55,709

58,238

8

51,897

53,544

54,350

55,187

56,011

56,835

57,658

60,187

9

53,844

55,492

56,300

57,137

57,962

58,781

59,604

62,137

10

55,797

57,439

58,248

59,090

59,914

60,729

61,552

64,090

11

57,744

59,394

60,201

61,040

61,863

62,684

63,507

66,040

Appendix A-2

Basic Salary Schedule

Effective September 1, 2011

 

Bachelors

B+15

Bachelors

Masters

M+15

Masters

Masters

Doctorate

 

or Equiv.

or Voc. Cert. +60

+30

 

or ASHA Cert.

+30

+45

 

1

39,201

40,886

41,712

42,572

43,417

44,261

45,104

47,697

2

41,202

42,882

43,711

44,572

45,418

46,260

47,104

49,697

3

43,195

44,886

45,713

46,573

47,418

48,254

49,098

51,698

4

45,198

46,885

47,712

48,571

49,415

50,260

51,104

53,696

5

47,199

48,885

49,711

50,570

51,415

52,261

53,104

55,695

6

49,195

50,886

51,712

52,569

53,414

54,260

55,104

57,694

7

51,200

52,881

53,709

54,569

55,414

56,258

57,102

59,694

8

53,194

54,883

55,709

56,567

57,411

58,256

59,099

61,692

9

55,190

56,879

57,708

58,565

59,411

60,251

61,094

63,690

10

57,192

58,875

59,704

60,567

61,412

62,247

63,091

65,692

11

59,188

60,879

61,706

62,566

63,410

64,251

65,095

67,691

Appendix A-3

Basic Salary Schedule

Effective September 1, 2012

 

Bachelors

B+15

Bachelors

Masters

M+15

Masters

Masters

Doctorate

 

or Equiv.

or Voc. Cert. +60

+30

 

or ASHA Cert.

+30

+45

 

1

40,181

41,908

42,754

43,636

44,502

45,368

46,232

48,889

2

42,232

43,954

44,804

45,686

46,553

47,417

48,282

50,939

3

44,275

46,008

46,856

47,737

48,603

49,460

50,325

52,990

4

46,328

48,057

48,905

49,785

50,650

51,517

52,382

55,038

5

48,379

50,107

50,954

51,834

52,700

53,568

54,432

57,087

6

50,425

52,158

53,005

53,883

54,749

55,617

56,482

59,136

7

52,480

54,203

55,052

55,933

56,799

57,664

58,530

61,186

8

54,524

56,255

57,102

57,981

58,846

59,712

60,576

63,234

9

56,570

58,301

59,151

60,029

60,896

61,757

62,621

65,282

10

58,622

60,347

61,197

62,081

62,947

63,803

64,668

67,334

11

60,667

62,401

63,249

64,130

64,995

65,857

66,722

69,383

Appendix B

Extra-Curricular Activities

Activity

Level

Number

Stipend

 

 

of Persons

per Person

Class Advisors   Senior High

 

(2) Senior

$1,750

 

 

(2) Junior

1,500

 

 

(2) Sophomore

1,250

 

 

(2) Freshman

1,250

Language Club   Senior High

 

(3)

1,500

Drama

Senior High Senior High-

(2)

2,250

 

Production People (2)

1,250

 

 

Middle School

(2)

1,500

Math

Senior High

(1)

1,750

Science

Senior High

(1)

1,750

Business-

Senior High

(1)

1,750

Careers

 

 

 

Political Science Senior High

 

(1)

1,750

Music

Senior High

(1)

1,750

Chess

Senior High

(1)

1,500

Senior Year

 

 

 

Book

Senior High

(2)

1,750

Student

 

 

 

Government

Senior High

(1)

1,750

School

 

 

 

Newspaper

Senior High

(1)

1,750

School

 

 

 

Newspaper

Middle School

(1)

1,750

Cheerleaders

Middle School

(1)

1,750

 

Elementary

(1)

1,500

Bowling

Senior High

(1)

1,500

 

Middle School

(1)

1,500

 

Elementary

(1)

1,500

Intramural

Senior High

(2)

1,500

 

Middle School

(2)

1,500

 

Elementary

(2)

1,500

Miscellaneous

Alternative

 

 

 

Schools

(3)

$1,500

Battle of the Books

 

 

 

 

Middle School

(1)

1,500

 

Elementary

(1)

1,500

Computer Club

Senior High

(1)

1,500

 

Middle School

(1)

1,500

 

Elementary

(1)

1,500

Mock Trial

Senior High

(1)

1,750

 

Middle School

(1)

1,750

National Honor

 

 

 

Society

Senior High

(1)

1,750

 

Middle School

(1)

1,500

Quiz Team

Senior High

(1)

1,500

TV Club

Senior High

(1)

1,500

 

Middle School

(1)

1,500

History Club

Senior High

(1)

1,500

ELEMENTARY OPTIONAL ACTIVITIES

Enrollments

# Stipends per School

Amount of Stipend

0-399

(0)

$    0

400-599

(1)

1,500

600-799

(2)

1,500

800+

(3)

1,500

Appendix C

Lynn

Public Schools

Teacher Performance

Evaluation System September 2004

1. RATIONALE FOR THE PERFORMANCE EVALUATION OF STAFF

a. The Lynn School Committee is responsible for providing the students, parents, and citizens of Lynn with the best educational opportunities and programs possible.

b. To effectively carry out this responsibility, the Committee must insure that the staff provides the quality of education desired by all who support, benefit from, and most importantly, depend upon the Lynn Public Schools for their education. The Committee believes that the continuous evaluation of job performance, as required by M.G.L. Chapter 188, is one effective way to insure quality public schooling for the citizens of Lynn.

c. The primary purposes of Lynn’s staff performance evaluation system are:

(1)   To improve student achievement and the instructional programs via the continuous monitoring and improvement of staff job performance.

(2)   To identify and commend outstanding staff performance.

(3)   To identify and provide reasonable opportunities for the remediation of staff performance as needed.

(4)   To provide the Committee, the Superintendent, and other administrative and supervisory personnel with job performance-based information in order to assist them in making employment-related decisions.

d. The Committee’s commitment, to the use of performance evaluation of staff as one mechanism to insure the provision of the desired quality of education, is based upon four (4) beliefs. They are:

(1)   Student learning is directly and significantly related to the quality of staff performance, particularly the instructional performance of teachers.

(2)   The quality of instruction and, therefore, student learning can be increased by improving the job performance of staff, particularly the instructional performance of teachers.

(3)   The improvement of staff performance is the responsibility of each staff member and the supervisory and administrative staff of the school system.

(4)   Staff performance and ultimately student learning can best be improved, in most instances, via face-to-face communication and immediate feedback (oral/written) as required by a formal performance evaluation system.

e. If staff performance evaluation is to produce the desired results - improved instruction and learning - all parties must be committed to its successful implementation. All have a role in improving the current quality of instruction and learning in the school system. All can benefit from constructive periodic reviews of their job performance and, if necessary, implement changes to improve job performance.

f.   This staff performance evaluation system requires that administrators and other supervisory personnel spend time and energy in carrying out two (2) primary responsibilities:

(1)   Evaluating the job performance of personnel.

(2)   Assisting personnel in improving their job performance.

g.    School systems that consistently deliver quality educational services have an administration and supervisory staff that values performance evaluation and consistently works with teachers and other personnel to increase student learning via the improvement of instructional performance. h. This staff evaluation system acknowledges that teachers and other personnel who provide instructional services directly to students are the most important components of the instructional delivery system. It also acknowledges that our students can only learn and maximize their opportunities and educational growth if the instruction they receive is of the highest quality.

2.    PRINCIPLES OF EFFECTIVE TEACHING

a. The parties agree to incorporate the seven (7) Principles of Effective Teaching and the seventeen (17) Standards of Performance which support them, contained in 603 CMR 35.00 and the rest of this Evaluation Instrument into the Collective Bargaining Agreement. The accompanying descriptors indicate possible behaviors or skills by which a teacher’s performance within a given category can be evaluated. The list is not intended to be exhaustive, nor is every teacher expected to exhibit every behavior or skill identified in the descriptors.

3.    AUTHORITY, SCOPE, AND PURPOSE

a.    603 CMR 35.00 is adopted pursuant to authority granted to the Board of Education in M.G.L. c.69, §1B and c.71, §38.

b. The specific purposes of evaluation under M.G.L. c.71, §38 and 603 CMR 35.00 are: (a) to provide information for the continuous improvement of performance through an exchange of information between the person being evaluated and the evaluator, and (b) to provide a record of facts and assessments for personnel decisions.

c.    The purpose of 603 CMR 35.00 is to ensure that every school committee has a system to enhance the professionalism and accountability of teachers and administrators which will enable them to assist all students to perform at high levels. 603 CMR 35.00, together with the Principles of Effective Teaching and Principles of Effective Administrative Leadership adopted by the Board of Education, set out what Massachusetts teachers and administrators are expected to know and be able to do. 603 CMR 35.00 requires that school committees establish a rigorous and comprehensive evaluation process for teachers and administrators, consistent with these principles, to assure effective teaching and administrative leadership in the Commonwealth's public schools.

4.    DEFINITIONS

a.    EVALUATION. Personnel evaluation is the ongoing process of defining goals and of identifying, gathering, and using information as part of a process to improve professional performance and to judge total job effectiveness. The evaluation process shall be free of racial, sexual, religious, and other discriminations and biases as defined in state and federal laws.

b.    TEACHER. The term “teacher” and the term “person” as used in this Agreement means a person employed by the Committee in the bargaining unit as described in Article I.

c.    EVALUATOR. Any person designated by a school committee with responsibility for evaluation. It is the responsibility of the Superintendent of Schools to insure that evaluators have training in general principles of supervision and evaluation and have or have available to them expertise in the subject matter and or area to be evaluated.

d. STANDARDS OF PERFORMANCE.    Standards of productivity and performance are subject to collective bargaining under M.G.L. c.150E.

5.     PRINCIPLES OF EVALUATION

a. The performance standards shall be measurable.

b. The performance standards shall reflect and allow for significant differences in assignments and responsibilities. These differences shall be described in evaluation reports.

c. The performance standards shall be shared with the person being evaluated in advance of the evaluation process.

d. The purpose of evaluation shall be stated clearly, in writing, to the person being evaluated.

e. The evaluation process shall be free of racial, sexual, religious and other discrimination and biases as defined in state and federal laws.

f.    The person being evaluated shall be allowed to gather and provide additional information on his/her performance. Such information must be provided in a timely manner and must be considered by the evaluator.

g.    The person being evaluated shall have an opportunity to respond in writing to the evaluation reports.

6. PROCEDURES FOR EVALUATION

a.   Responsibility for Evaluation

(1) The School Committee is responsible for ensuring that adequate resources are available to evaluate all administrators and teachers without professional teacher status at least annually and to evaluate teachers with professional teacher status at least once every two (2) years and to assist teachers and administrators to improve their performance.

(2)   The Superintendent, by means of a comprehensive evaluation, shall cause the performance of all teachers and administrators within the school district to be evaluated pursuant to 603 CMR 35.00 and the Principles of Effective Teaching and Principles of Effective Administrative Leadership adopted by the Board of Education and any consistent, supplemental performance standards as the School Committee may require.

(3)   The Superintendent is responsible for ensuring that all evaluators have training in the principles of supervision and evaluation and have, or have available to them, expertise in the subject matter and/or areas to be evaluated.

b.    Gathering Information

(1) The evaluator shall use information from a variety of sources including direct observation and/or other documented information.

c. Reporting Results

(1)   Evaluation reports shall be communicated orally and in writing to the person being evaluated.

(2)   Evaluation reports shall recognize areas of strength and identify all areas needing improvement.

(3)   For any aspect of performance which needs improvement, the evaluation report shall specify what the individual needs to do to meet the performance standards.

(4)   A reasonable amount of time shall be provided to permit the individual to implement the recommendations for improvement of performance and to meet the performance standards.

The distinction between the processes of observation and evaluation must be clear. Observation refers to seeing, reviewing, analyzing, and documenting teacher performance throughout the school year in classroom and non-classroom settings. Evaluation refers to the making of judgments based upon the data accumulated about the teacher’s performance during observations of classroom performance and during the implementation of non-classroom responsibilities throughout the school year.

The evaluation process is a CONTINUOUS CYCLE OF DATA COLLECTION, ANALYSIS, AND FEEDBACK through classroom visits, conferences, and staff interaction throughout the school year.

7.     RESPONSIBILITY OF THE PRINCIPAL

a. The principal shall be responsible for the performance evaluation of ALL personnel assigned to his/her school on a non-itinerant basis.

b. In areas of non-expertise, the principal shall rely on the expertise of vice principals, department heads, and other supervisory personnel in evaluating the professional staff in his/her school.

c. The job performance of all itinerant personnel shall be evaluated by appropriate supervisory personnel from central administration. The principal shall participate in the evaluation of itinerant personnel in those performance areas where he/she has expertise.

d. When teachers are observed by more than one (1) evaluator, they shall be advised by the principal of the exact division of such responsibility.

8.    FREQUENCY OF PERFORMANCE EVALUATION

a. At the beginning of the school year - no later than October 15th - each teacher to be evaluated that year will receive copies of the Instrument entitled: PERFORMANCE EVALUATION-TEACHER. Copies of the Lynn Public Schools - Teacher Performance Evaluation System, September 2004 will be available from the principal upon the teacher’s request.

b. All observations of teaching performance shall be conducted personally and with full knowledge of the teacher and with prior notice. Prior notice shall be at least one (1) school day and not more than five (5) school days before the observation is to occur. If the evaluator does not evaluate within the aforementioned parameters the prior notice must be repeated.

c. Notice shall be given for the formal evaluation, but the total evaluation is continuous and ongoing and notation shall be made of this cumulative evaluation in the teacher’s file, subject to the provisions of Article VI, Section A.

d. The performance of professional status teachers shall be evaluated every other year minimally. All evaluations of professional status teachers shall be completed no later than April 15th.

e. The performance of non-professional status teachers shall be evaluated a minimum of two (2) times per year -once in the Fall/Early Winter and once in the Winter/Early Spring. All evaluations of non-professional status teachers shall be completed no later than March 15th.

f.    A teacher on an improvement plan, professional status or non-professional status, may be evaluated as often as required to improve performance, as determined by the Principal.

9. PERFORMANCE EVALUATION ACTIVITY

a. All observation and evaluation of teacher’s performance shall be conducted with full knowledge of the teacher.

b. Evaluations which indicate unsatisfactory performance or need for improvement shall include specific recommendations by the evaluator for the teacher to implement as detailed on the improvement plan. Teachers may also request additional help from the school administration in order to improve their performance as required.

c. In the case of an unsatisfactory rating, a person or persons making the rating must be knowledgeable in instruction at the grade level or in the subject matter area. Such person or persons must have observed the teacher in classroom performance at least four (4) times for a period of no less than fifteen (15) minutes.

d. No adverse comments concerning a teacher’s performance shall be given to teachers by evaluators in the presence of anyone but another supervisor.

10.  CONFERENCES

a. Principals (or designees) or the teacher may request a pre-observation conference before the actual observation.

b. Post-observation conferences within three (3) school days are required. Effective September 1, 2007, post-observation conferences within ten (10) school days are required.

c. All conferences may include data and discussion of performance other than classroom performance but within the scope of the performance responsibilities as detailed in the job description.

d. The post-observation conference is a key component of the   evaluation   process.       Performance   ratings   are discussed and clarified. Goal-setting and strategies for improvement, if necessary, are outlined. Plans are made to provide assistance and schedule subsequent observations and other assistance as needed. The focus is on what specific performances need to be improved and what needs to be done by the teacher and evaluator to insure that the improvement occurs in a reasonable period of time. CONSTRUCTIVE CANDOR IS REQUIRED.

e.    Minimally, the post-observation conference should provide an opportunity for the evaluator to adequately detail the rationale for his/her ratings of the teacher’s performance for each criterion, appropriate commendations, and, most importantly, constructive feedback for improvement, if necessary. It should also provide the teacher an opportunity to describe his/her performance, clarify for the evaluator information that is incorrect, be commended for his/her performance, and establish some goals and strategies for improvement, if necessary.

f.    At the conclusion of the post-observation conference, the teacher shall sign the Evaluation Report. This signature does not necessarily mean agreement. It means that the results of the evaluation were discussed with the teacher in a post-observation conference and that the teacher has received a copy of the Evaluation Report. The teacher shall also have the right to make a written reply which shall be attached to the report.

g. If the need for remediation is indicated, the evaluator and teacher will develop a plan for improvement that when implemented will eliminate the need. The plan for improvement will minimally include:

(1)   Goal(s)                 What needs to be accomplished?

(2)   Action Plan          What must the teacher do to achieve the goal?

What must the evaluator do to achieve the goal?

(3)   Timeline                When will the goal be achieved?

(4)   Follow-Up            What happens if goal is not achieved?

11. RECORD OF PERFORMANCE

a.    Upon completion of the Evaluation Reports, the principal shall provide copies of the Reports to the following parties:

(1)   Principal’s Files (School)

(2)   Teacher

(3)   Deputy Superintendent

(4)   Teacher’s Personnel File

b. Copies of Evaluation Reports for non-professional status personnel shall be forwarded to the Deputy Superintendent no later than March 20th of each school year. These reports shall be accompanied by a recommendation by the principal to retain the teacher for another year or to not retain the teacher for another year.

c. Evaluation Reports for professional status personnel shall be submitted to the Deputy Superintendent no later than April 20th of each school year.

d. Principals shall notify the Deputy Superintendent immediately about those teachers whose performance is unsatisfactory.

e. After three (3) years, a teacher may have all negative material removed from his/her file and destroyed, provided there is no reoccurrence.

12. SUMMARY

a. The primary purposes of this evaluation system are to improve teacher performance, to strengthen competencies, to recognize and commend exceptional performance, and of course, to remediate skills in need of improvement. Remedial assistance, if necessary, will be provided. Only if remedial efforts do not succeed will this system be used to support recommendations concerning future employment.

b. This system of performance evaluation acknowledges that teachers are the most important component of our instructional delivery system. It also acknowledges that our students can only learn and maximize their opportunities and growth if the instruction they receive from our teachers is of the highest quality.

c. This system of performance evaluation purports to insure quality instruction and, therefore, quality learning - in short - quality education and genuine opportunity for all students.

Education Laws and Regulations   603 CMR 35.00: Evaluation of Teachers and Administrators

PRINCIPLES OF EFFECTIVE TEACHING AND EXAMPLES OF DESCRIPTORS

1.     Currency In The Curriculum

a. The teacher is up to date regarding curriculum content

(1)   Demonstrates a working knowledge of the core curriculum of the teacher's assignment.

(2)   Frames curriculum around essential questions in the discipline that provide opportunities for reasoning, logic, analysis and synthesis when planning units, lessons, and assessments.

(3)   Keeps current in the field and applies knowledge to the instructional program.

(4)   Contributes to the ongoing evaluation of the curriculum.

2.   Effective Planning And Assessment of Curriculum And Instruction

a. The teacher plans instruction effectively.

(1)   Has a personal vision of committed, confident learners and uses that vision to guide learning goals, expectations, and standards for student work.

(2)   Sets short-term and year-long goals for curricular units which derive from unifying themes of fundamental importance to students' present or future lives.

(3)   Identifies individual and group needs and plans appropriate strategies, including those that involve the use of up-to-date technologies, to meet those needs.

(4)   Uses materials and resources, including technologies, that are appropriately matched to curricular goals and to students' needs and learning styles.

(5)   Frames curriculum around students' own prior knowledge and experience and identifies prerequisite skills, concepts, and vocabulary that are important for students to know in order to be successful at a task.

(6)   Seeks out and collaborates with school-based specialists, resource personnel, including technology specialists, and administrators to better design curricula or instructional modifications to meet the special learning needs of students and support all students to learn and apply a challenging core curriculum.

(7)   Plans engaging ways to introduce each unit of study.

(8)   Plans frequent instructional opportunities where students are interacting with ideas, materials, teachers and one another. Designs curriculum experiences in which students take increasing responsibility for their own learning.

(9)   Integrates the teaching of reading, listening, writing, speaking, viewing and the use of appropriate learning tools (e.g., calculators, computers, etc.) within the discipline.

b. The   teacher   plans   assessment   of   student   learning effectively.

(1)   Determines specific and challenging standards for student learning.

(2)   Develops and uses authentic assessment which describes a student's learning process as well as his/her learning achievements.

(3)    Incorporates time for individual and interactive reflection including response journals, debriefings and group discussions. c. The teacher monitors students' understanding of the curriculum effectively and adjusts instruction, materials, or assessments when appropriate.

(1)   Regularly uses a variety of formal and informal authentic assessments of students' achievement and progress for instructional revisions and decision-making.

(2)   Implements evaluation procedures which appropriately assess the objectives taught.

(3)   Communicates student progress to parents, students and staff members in a timely fashion using a range of information including portfolios, anecdotal records and other artifacts.

(4)   Prepares and maintains accurate and efficient record-keeping systems of the quality and quantity of student work.

(5)   Uses individual and group data appropriately; maintains confidentiality concerning individual student data and achievement.

3.     Effective Management of Classroom Environment

a.     The teacher creates an environment that is positive for student learning and involvement.

(1)   Implements instructional opportunities where students are interacting with ideas, materials, teachers and one another.

(2)   Implements curriculum experiences in which students take increasing responsibility for their own learning.

(3)   Demonstrates openness to student challenges about information and ideas.

(4)   Uses classroom time and classroom space to promote optimal learning.

(5)   Understands principles and patterns of child growth and development and uses this knowledge in working with students.

(6)   Establishes classroom procedures that maintain a high level of students' time-on-task and that ensure smooth transitions from one activity to another.

b. The teacher maintains appropriate standards of behavior, mutual respect and safety.

(1)   Maintains systematic approach to discipline by establishing and administering a consistent and fair set of rules supporting appropriate expectations.

(2)   Manages routines effectively.

(3)   Maintains appropriate professional boundaries with students.

(4)   Serves as a positive role model for students.

4.    Effective Instruction

a.     The teacher makes learning goals clear to students.

(1)   Makes connections between concepts taught and students' prior knowledge and experiences.

(2)   Regularly checks for students' understanding of content and concepts and progress on skills.

(3)   Identifies confusions and misconceptions as indicated by student responses and regular assessment strategies. Remediates, reteaches, or extends teaching to meet individual and/or group need.

(4)   Communicates clearly in writing and speaking, using precise language.

(5)   Understands and shows students the relevance of the subject to life-long learning.

b. The teacher uses appropriate instructional techniques.

(1)   Uses a variety of teaching strategies, including cooperative, peer and project-based learning; audio-visual presentations, lecture, discussions and inquiry, practice and application; and the teaching of others.

(2)   Provides options for students to demonstrate competency and mastery of new material, including written work, plays, art work, oratory, visual presentations, exhibitions and portfolios.

(3)   Uses a variety of appropriate materials in order to reinforce and extend skills, accommodate learning styles and match instructional objectives.

(4)   Causes students to become cognitively active in summarizing important learnings and integrating them with prior knowledge.

(5)   Demonstrates working knowledge of current research on optimum means for learning a particular discipline.

c.   The teacher uses appropriate questioning techniques.

(1)   Uses a variety of questioning techniques, including those which encourage and guide critical and independent thinking and the development of ideas.

(2)   Presents information recognizing multiple points of view; encourages students to assess the accuracy of information presented.

d. The teacher evaluates, tries innovative approaches, and refines instructional strategies, including the effective use of technologies, to increase student learning and confidence to learn.

(1)   Regularly tries innovative approaches to improve instructional practices.

(2)   Continually evaluates, tries innovative approaches and refines instructional strategies, including the effective use of technologies, to increase student learning and confidence about learning. (3)    Assesses instructional strategies in authentic ways by    comparing    intended    and    actual    learning outcomes.

5.   Promotion of High Standards And Expectations For Student Achievement

a.    The teacher communicates learning goals and high standards and expectations to students.

(1)   Regularly communicates objectives or learning outcomes to students.

(2)   Regularly provides feedback to students on their progress on goals and objectives.

(3)   Communicates standards, expectations and guidelines regarding quality and quantity of students' work, work procedures and interpersonal behavior to students and parents.

(4)   Responds to students' answers and work so as to keep students open, thinking, and willing to take risks and to persevere with challenging tasks.

(5)   Models the skills, attitudes, values and processes central to the subject being taught.

b. The teacher promotes confidence and perseverance in the student that stimulate increased personal student responsibility for achieving the goals of the curriculum.

(1)   Uses prompt feedback and student goal setting in order to increase student motivation and ownership of learning.

(2)   Develops and supports students' awareness of themselves as learners and their ability to overcome self-doubts associated with learning and take risks.

(3)   Nurtures students' eagerness to do challenging work and provides incentive, interest and support for students to take responsibility to complete such tasks successfully.

(4)   Acts on the belief that all students can learn and that virtually all can master a challenging core curriculum with appropriate modifications of instruction.

(5)   Encourages and supports students to believe that effort is a key to high achievement and acknowledges and values student work, study and inquiry.

(6)   Regularly identifies students needing extra help and secures student cooperation and participation in extra help sessions.

(7)   Identifies students who are not meeting expectations and develops a plan that designates the teacher's and the student's responsibilities regarding learning.

(8)   Demonstrates attitudes of fairness, courtesy and respect that encourage students' active participation and commitment to learning.

(9)   Builds positive relationships with students and parents to enhance students' abilities to learn effectively.

(10)  Recognizes and responds appropriately when an individual student is having social and/or emotional difficulties which interfere with learning and/or participation in class.

6.    Promotion Of Equity And Appreciation Of Diversity

a.   The teacher strives to ensure equitable opportunities for student learning. (1)    Provides opportunities to include all students in the full range of academic programs and activities and extra-curricular activities.

(2)    Addresses the needs of diverse student populations by   applying   and   adapting   constitutional   and statutory  laws,  state  regulations  and  Board  of Education policies and guidelines.

b. The    teacher    demonstrates    appreciation    for    and sensitivity to the diversity among individuals.

(1)   Demonstrates sensitivity to differences in abilities, modes of contribution, and social and cultural backgrounds.

(2)   Develops and implements educational and organizational strategies that are effective in meeting the needs of a diverse student body.

(3)   Functions effectively in a multi-lingual, multi­cultural and economically diverse society.

7. Fulfillment of Professional Responsibilities

a.    The teacher is constructive and cooperative in interactions with parents and receptive to their contributions.

(1)   Keeps parents informed of student's progress and works with them, in culturally appropriate ways, to aid in the total development of the student.

(2)   Maintains professional boundaries with parents.

b. The teacher shares responsibility for accomplishing the goals and priorities of his/her grade/team/department, building and school district.

(1)   Maintains professional boundaries with colleagues.

(2)   Works constructively with others to identify school problems and suggest possible solutions.

(3)   Works collaboratively with other staff in planning and implementing interdisciplinary curriculum, instruction and other school programs and shares expertise and new ideas with colleagues.

(4)   Participates in student or school activities.

(5)    Cooperates with other teachers about students’ overall workload. c. The teacher is a reflective and continuous learner.

(1)   Reflects about and acts on what students need to know and be able to do and about what the teacher can do to foster learning.

(2)   Uses available resources to analyze, expand, and refine professional knowledge and skills; resources can include professional organizations, academic course work, school-based staff, administrative and community resources, and other colleagues.

(3)   Participates in activities that demonstrate a commitment to the teaching profession.

(4)   Seeks out information in order to grow and improve as a professional.

(5)   Is receptive to suggestions for growth and improvement.

LYNN PUBLIC SCHOOLS

PERFORMANCE EVALUATION—TEACHER

Professional Status

Yes []       No []

Name of Teacher________________ Standard________ Provisional___ Waiver____________

School _________________________________Area of Certification_____________________

Subject

Area___________________________Evaluator_______________________Date___________

The teacher will be evaluated in each of the seven (7) standards of performance using these ratings:

Met Standard                        The performance of the teacher meets or exceeds the standards in the Principles of Effective Teaching.

Area for Further                      The performance of the teacher meets the standards and expectations of the Development Principles of Effective Teaching for the most part. (Areas of development should be addressed in the Professional Development Plan.)*

Improvement Plan                   The teacher fails to meet the standard and his/her performance, as Required measured against this standard, is unsatisfactory. An Improvement Plan (Evaluation Attachment B) must be completed by the evaluator.

The evaluator will place a check in the box beside the rating that describes the teacher's performance on that standard. Any rating of "Improvement Plan Required," (Evaluation Attachment B) must be accompanied by a description of the problem and prescription for improvement on the appropriate page. In the event a particular standard does not apply, record "NA" for not applicable.

PRINCIPLES OF EFFECTIVE TEACHING

The parties agree to incorporate the seven (7) Principles of Effective Teaching, and the seventeen (17) Standards of Performance which support them, contained in 603 CMR 35.00, and the rest of this Evaluation Instrument into the Collective Bargaining Agreement. The accompanying Descriptors indicate possible behaviors or skills by which a teacher's performance within a given category can be evaluated. The list is not intended to be exhaustive, nor is every teacher expected to exhibit every behavior or skill identified in the descriptors.

Signature of Administrator__________________________________________Date__________________

Signature of Teacher**_____________________________________________Date__________________

*New re-certification regulations, effective December 1, 1999, require principal's or direct supervisor's approval of individual teacher's Professional Development Plans.

**The teacher's signature indicates that he or she has seen and discussed the evaluation report. It does not denote agreement with the report.

LYNN PUBLIC SCHOOLS TEACHER PERFORMANCE EVALUATION

SUMMARY RATING SHEET

Teacher's Name ______________________________ School _____________________________

I. Currency in the Curriculum

[] Met Standard              [] Area For Further Development             [] Improvement Plan Required

II. Effective Planning and Assessment of Curriculum and Instruction

[] Met Standard              [] Area For Further Development             [] Improvement Plan Required

III. Effective Management of Classroom Environment

[] Met Standard              [] Area For Further Development            [] Improvement Plan Required

IV. Effective Instruction

[] Met Standard              [] Area for Further Development             [] Improvement Plan Required

V. Promotion of High Standards and Expectations for Student Achievement

[] Met Standard              [] Area For Further Development             [] Improvement Plan Required

VI. Promotion of Equity and Appreciation of Diversity

[] Met Standard              [] Area For Further Development             [] Improvement Plan Required

VII. Fulfillment of Professional Responsibilities

[] Met Standard              [] Area For Further Development             [] Improvement Plan Required

PROFESSIONAL STANDARDS FOR TEACHERS

I. CURRENCY IN THE CURRICULUM

A. The teacher is up-to-date regarding curriculum content.

1. Demonstrates a working knowledge of the core curriculum.

2. Frames curriculum around essential questions that provide opportunities for reasoning, logic, analysis and synthesis when planning units, lessons and assessments.

3. Keeps current in the field and applies knowledge to instructional program.

4. Contributes to the ongoing evaluation of the curriculum.

Specific Observation of Strengths (supported by evidence):

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Areas for Development, if necessary, (supported by evidence):

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

II. EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION

A. The teacher plans instruction effectively.

1. Has a personal vision of confident learners that guides learning goals.

2. Sets short and year-long goals for curricular units.

3. Identifies individual and group needs and plans appropriate strategies.

4. Uses resources that are appropriately matched to needs, and learning styles.

5. Frames curriculum around students' prior knowledge and experience and identifies prerequisite skills, concepts, and vocabulary.

6. Collaborates with school-based specialists and administrators.

7. Plans engaging ways to introduce each unit of study.

8. Plans frequent instructional opportunities where students interact with ideas, materials, teachers and one another.

9. Designs curriculum experiences in which students take responsibility for their own learning.

10. Integrates the teaching of reading, listening, and appropriate learning tools.

B.  The teacher plans assessment of student learning effectively.

1. Determines specific and challenging standards for student learning.

2. Uses authentic assessment which describes a student's learning process.

3. Incorporates time for individual and interactive reflection.

C. The teacher monitors students' understanding of the curriculum effectively and adjusts instruction, materials, or assessments when appropriate.

1. Regularly uses a variety of formal and informal authentic assessments of students' achievement.

2. Implements evaluation procedures which appropriately assess the objectives.

3. Communicates student progress to parent(s) and students in a timely fashion.

4. Prepares and maintains accurate and efficient record-keeping systems.

5. Uses individual and group data appropriately and maintains confidentiality.

Specific Observation of Strengths (supported by evidence):

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Areas for Development, if necessary, (supported by evidence):

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

III. EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT

A. The teacher creates an environment that is positive for student learning and involvement.

1. Implements instructional opportunities where students are interacting with ideas, materials, teachers and one another.

2. Implements curriculum experiences in which students take responsibility for their own learning.

3. Demonstrates an openness to student challenges about ideas.

4. Uses classroom time and classroom space to promote optimal learning.

5. Understands principles and patterns of child growth and development.

6. Establishes classroom procedures that maintain a high level of students' time-on-task and that ensure smooth transitions.

B.  The teacher maintains appropriate standards of behavior, mutual respect and safety.

1. Maintains systematic approach to discipline by establishing and administering a consistent and fair set of rules supporting appropriate expectations.

2. Manages routines effectively.

3. Maintains appropriate professional boundaries with students.

4. Serves as a positive role model for students.

Specific Observation of Strengths (supported by evidence):

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Areas for Development, if necessary, (supported by evidence):

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

IV. EFFECTIVE INSTRUCTION

A. The teacher makes learning goals clear to students.

1. Makes connections between concepts taught and students' prior knowledge.

2. Regularly checks for students' understanding of content and concepts.

3. Identifies misconceptions as indicated by student responses and regular assessment strategies. Remediates, reteaches, or extends teaching to meet individual and/or group need.

4. Communicates clearly in writing and speaking, using precise language.

5. Understands and shows students the relevance of the subject.

B.  The teacher uses appropriate instructional techniques.

1. Uses a variety of teaching strategies, including cooperative, peer and project-based learning; audio-visual presentations, lectures, discussions and inquiry, practice and application; and the teaching of others.

2. Provides options for students to demonstrate competency and mastery.

3. Uses a variety of appropriate materials in order to reinforce and extend skills.

4. Causes students to become cognitively active in summarizing leanings.

5. Demonstrates working knowledge of current research.

C. The teacher uses appropriate questioning techniques.

1. Uses a variety of questioning techniques, including those which encourage and guide critical and independent thinking and the development of ideas.

2. Presents information recognizing multiple points of view; encourages students to assess the accuracy of information presented.

D. The teacher evaluates, tries innovative approaches, and refines instructional strategies, including the effective use of technologies, to increase student learning and confidence to learn.

1. Regularly tries innovative approaches to improve instructional practices.

2. Continually evaluates, tries innovative approaches and refines instructional strategies, including the effective use of technologies, to increase student learning and confidence about learning.

3. Assesses instructional strategies in authentic ways by comparing intended and actual learning outcomes.

Specific Observation of Strengths (supported by evidence):

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Areas for Development, if necessary, (supported by evidence):

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

V.   PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT

A. The teacher communicates learning goals, and high standards and expectations to students.

1. Regularly communicates objectives or learning outcomes to students.

2. Regularly provides feedback to students on their progress.

3. Communicates standards, expectations and guidelines.

4. Responds to students' answers and work so as to keep students open, thinking, and willing to take risks.

5. Models the skills, attitudes, values and processes.

B.  The teacher promotes confidence and perseverance in the student that stimulate increased personal student responsibility for achieving the goals of the curriculum.

1. Uses prompt feedback and student goal setting to increase student motivation.

2. Develops and supports students' awareness of themselves as learners.

3. Nurtures students' eagerness to do challenging work.

4. Acts on the belief that all students can learn and that virtually all can master a challenging core curriculum.

5. Encourages and supports students to believe that effort is a key to high achievement.

6. Regularly identifies students needing extra help.

7. Identifies students who are not meeting expectations and develops a plan.

8. Demonstrates attitudes of fairness, courtesy and respect.

9. Builds positive relationships with students and parents.

10. Recognizes and responds appropriately when an individual student is having social and/or emotional difficulties.

Specific Observation of Strengths (supported by evidence):

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Areas for Development, if necessary, (supported by evidence):

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VI. PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

A. The teacher strives to ensure equitable opportunities for student learning.

1. Provides opportunities to include all students in the full range of academic programs and activities and extra-curricular activities.

2. Addresses the needs of diverse student populations.

B.  The teacher demonstrates appreciation for and sensitivity to the diversity among individuals.

1. Demonstrates sensitivity to differences in abilities.

2. Develops and implements educational and organizational strategies.

3. Functions effectively in a multi-lingual, and economically diverse society.

Specific Observation of Strengths (supported by evidence):

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Areas for Development, if necessary, (supported by evidence):

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VII. FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

A. The teacher is constructive and cooperative in interactions with parents and receptive to their contributions.

1. Keeps parents informed of student's progress and works with them.

2. Maintains professional boundaries with parents.

B.  The teacher shares responsibility for accomplishing the goals and priorities of his/her grade/team department, building and school district.

1. Maintains professional boundaries with colleagues.

2. Works constructively with others to identify school problems.

3. Works collaboratively with other staff in planning and implementing interdisciplinary curriculum.

4. Participates in student or school activities.

5. Cooperates with other teachers about students' overall workload.

C. The teacher is a reflective and continuous learner.

1. Reflects about and acts on what students need to know and be able to do.

2. Uses available resources to analyze, expand, and refine professional knowledge and skills.

3. Participates in activities that demonstrate a commitment to teaching.

4. Seeks out information in order to grow and improve as a professional.

5. Is receptive to suggestions for growth and improvement.

Specific Observation of Strengths (supported by evidence):

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Areas for Development (supported by evidence)

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EVALUATOR'S GENERAL COMMENTS

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Recommend Re-Appointment

(If Non-Professional Status Teacher)

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Date                                                                            Signature of Evaluator

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Date                                                                             Signature of Teacher

The teacher’s signature indicates that the teacher has received a copy of this performance evaluation. It does not indicate that the teacher is in agreement with the evaluator’s ratings of his/her performance or the evaluator’s commendations and recommendations.

The teacher may use the next page and additional pages, if necessary, if he/she wishes to comment on the evaluator’s ratings, commendations and recommendations.

LYNN PUBLIC SCHOOLS

EVALUATION ATTACHMENT A

(Optional)

TEACHER'S COMMENTS

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LYNN PUBLIC SCHOOLS

EVALUATION ATTACHMENT B

IMPROVEMENT PLAN

Name ___________________________________________________________ Date _________________

Assignment ______________________________________________________ Subject _______________

Evaluator ______________________________________________________________________________

If a teacher did not meet a Performance Standard, an Improvement Plan must be completed. The following plan is based on the evaluation form dated _________________________________________________.

1.  Performance Standard(s) not met:

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2.  Specific recommendations for improvement:

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3.  Support and assistance that will be offered to help the employee:

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4.  Timeline:

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5.  Date for the next follow-up conference __________________________________________________

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6.  Date for the next evaluation relative to this Improvement Plan _______________________________

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Comments:

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Evaluator _______________________________________________ Date ________________________

Employee _______________________________________________ Date ________________________

LYNN PUBLIC SCHOOLS

EVALUATION ATTACHMENT C

(Optional)

CLASS CHARACTERISTICS

Teacher _____________________________________________________ School _________________

Grade/Subject ______________________________________________ Academic Year ____________

Observation Date(s) __________________________________________________________________

1.    Number of students usually in the classes to be observed _________________________________

2     Number of students in class under IEPs ______________________________________________

3.  Time of day _____________________________________________________________________

4.  Nature of the class, e.g., Advance Placement Biology (seniors); heterogeneous sixth grade Social Studies; pull-out group of third graders in need for specific reinforcement of computational skills.

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5.  Any situations or circumstances which the teacher feels may be potentially (or were) distracting from the typical nature of the class, e.g., day after Halloween.

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6.  Any other information the teacher would like to bring to the attention of the observer.

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Name of Teacher

Lynn School Committee

Bargaining Committee:

Judy Flanagan Kennedy, Mayor

Patricia M. Capano

Maria O. Carrasco

Donna M. Coppola

John E. Ford, Jr.

Vincent J. Spirito

Richard B. Starbard

Catherine C. Latham, Superintendent

John C. Mihos, Esquire, Labor Relations Consultant

Lynn Teachers Union, Local 1037

American Federation of Teachers, AFL-CIO

Bargaining Committee:

Brant Duncan, President

Annemarie DuBois, AFT Massachusetts

Aili Cervenka

Geoffrey King

Paul Mailloux

Colleen McElligott-Liporto

Philip McQueen

Deborah Morel

Richard Wall

Erin Zukowski