Manchester Essex

Show detailed information about district and contract

DistrictManchester Essex
Shared Contract District
Org Code6980000
Type of DistrictRegional K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2011
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyEssex
ESE RegionNortheast
Urban
Kind of Communityresidential suburbs
Number of Schools4
Enrollment1457
Percent Low Income Students4
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Manchester-Essex

AGREEMENT

MANCHESTER-ESSEX TEACHERS'

ASSOCIATION

and the

MANCHESTER ESSEX REGIONAL

SCHOOL DISTRICT SCHOOL

COMMITTEE

September 1, 2008 - August 31, 2011

 

Preamble

Recognizing that the purpose of the Manchester Essex Regional School District is to provide education of the highest possible quality for the students of Manchester-by-the-Sea and Essex and that equitable treatment, a workplace conducive to the maintenance of good morale, and a high respect for the staff are essential to the achievement of that purpose, we the undersigned parties to this Contract hereby agree that:

The Manchester Essex Regional School Committee (hereinafter the "Committee") is a public body established under and with duties, powers, responsibilities, and rights provided by the General Laws of Massachusetts and the applicable rules and regulations of administrative agencies issued under such laws.

The Superintendent of Schools for the District is the executive officer of the school system and, as such, administers and directs the operation of the Manchester Essex Regional School District (hereinafter the "District") in accordance with the policies of the Committee.

The professional staff1 of the District shares with the Committee and the administration responsibility for providing students of the District with an education of the highest possible quality consistent with the policies of the Committee. Because of its direct contacts with school children, the professional staff has a major role in implementing current policies and in recommending revisions wherever appropriate.

Fulfillment of these responsibilities is to be facilitated and supported by negotiations utilizing discussions and exchanges of information between the Committee and its administration and the representatives of the staff defined in Article I Recognition which result in agreements reduced to writing and contained herein relating to wages, hours, and other conditions of employment. Nothing herein shall be construed so as to restrict the free exchange of views and information regarding educational policy.

______________________________________________________________________________________

1 In this Agreement, professional staff is used interchangeably with professional employee, employee, unit member or teacher and all phrases refer to the members of the bargaining unit.

______________________________________________________________________________________

Article I Recognition

For the purposes of collective bargaining with respect to wages, hours, and other conditions of employment, the negotiation of collective bargaining agreements, and any other questions arising thereunder, the Manchester Essex Regional School District School Committee (MERSDSC) recognizes the Manchester-Essex Teachers' Association (META) as the exclusive agent and representative of the following employees:

Teachers

Permanent substitutes who have worked over ninety-two (92) consecutive days

Guidance Counselors

Department Chairs

Speech and Language Therapists

Psychologists

Physical and Occupational Therapists

Nurses

Librarians

Adjustment Counselors

Director of Guidance

Athletic Director

Title I Teachers

SPED Core Chair/ CET Chair

Grant-funded Professional Positions

Article II Rights of School District

Except where a specific provision or an express term of this Agreement clearly provides otherwise, the Committee retains the exclusive right to manage its business and to determine the methods and means by which the schools shall be operated.

As the legislative body charged with the efficient and economical operation of the Manchester Essex Regional School District, it is acknowledged that the Committee has the final responsibility of establishing the educational policies of the Manchester Essex Regional School District.

The exercise of such responsibility by the School Committee shall be at the sole discretion of the School Committee and shall not be subject to grievance, arbitration or other review, except as specifically provided by an express term of this Agreement.

Article III Negotiation Procedure

The Committee agrees to enter into negotiations with the Association for a successor agreement. Negotiations for a successor agreement should commence not later than December 1 preceding the expiration date, with a goal of concluding negotiations in advance of the annual town meetings in Manchester and Essex.

"Negotiations" shall be defined as, but not limited to, a good faith effort by the School Committee and the Association to reach a written understanding relative to teachers' wages, hours, and other conditions of employment, whether or not covered by this Agreement.

Within thirty (30) days after written notice of either party to the other, the Association and the Committee, or duly appointed agents of either and/or both, shall meet to discuss any matter relative to employment which is properly defined within "negotiations" in the foregoing paragraph.

In the event that the parties enter into negotiations during the term of this Agreement and agreements are mutually reached between the Committee and the Association, they shall be reduced to writing, shall be signed by the Committee and the Association, and shall become an addendum to this Agreement to be incorporated into the successor Agreement.

Article IV Grievance Procedure

The purpose of the procedure set forth hereinafter is to resolve differences regarding a complaint of a violation of this Agreement. A grievance shall be defined as an alleged violation of a provision(s) of this Agreement.

The parties to this Agreement recognize the desirability of settling grievances at the earliest possible time. The parties are encouraged to problem-solve disputes.

The Association and the Committee desire that the procedure shall be confidential.

A grievance must be filed at its initial level no later than thirty (30) school days next following the occurrence of the violation or the date when the grievant should have known about the violation.

At the Association's option, a class-action grievance may be initiated at either Level One or Level Two of the procedure.

Any time limit under this Article may be waived by mutual agreement.

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

If any unit member covered by this Agreement shall present a grievance without representation by the Association, the disposition of the grievance, if any, shall be consistent with the provisions of the Agreement. The Association shall be informed of the grievance hearing by the administrator/School Committee at that level of the procedure, shall work with the administrator and the aggrieved unit member to establish a mutually convenient time and date for the meeting, and shall be permitted to be heard at each level of the procedure at which the grievance is to be considered.

No reprisals of any kind shall be taken against any person because of the exercise of rights under the grievance procedure.

The levels of the grievance procedure shall be as follows:

Level One             The Association and/or the unit member shall present the grievance to the Principal. The Principal shall meet within ten (10) school days in an attempt to resolve the grievance. The Principal shall issue a written answer to the grievance no later than ten (10) school days after the grievance hearing.

Level Two            In the event that the grievance is not settled at Level One, the grievance may be submitted in writing to the Superintendent within ten (10) school days of receipt of the Principal's written decision. The Superintendent shall meet with the Association within ten (10) school days of receipt of the grievance at Level Two and s/he shall attempt to resolve the grievance. The Superintendent shall issue a written decision to the grievance no later than ten (10) school days after the grievance hearing.

Level Three          In the event that the grievance is not resolved at Level Two, the grievance may be submitted in writing to the Committee within ten (10) school days of receipt of the Superintendent's written decision. No later than at its next regularly scheduled meeting the Committee shall meet with the Association to discuss the grievance. The Committee shall issue a written

response to the grievance no later than ten (10) school days after the Level Three meeting.

Level Four             If the grievance shall not have been disposed of to the satisfaction of the Association by the end of twenty-five (25) school days next following the date of the written response of the School Committee, the Association may pursue one (1) of the following two (2) courses:

      For grievances involving the evaluation, suspension, or termination of a unit member(s), the Association may file for arbitration with the American Arbitration Association (AAA);

      For grievances involving other disputes under the Agreement, the Association may file for arbitration with the Board of Conciliation and Arbitration.

The cost of arbitration shall be divided equally between the two parties but excluding the Association's and the Committee's own cost of the presentation of their respective cases.

The parties may, by mutual agreement, submit more than one pending grievance to the same arbitrator.

The arbitrator's award shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issue(s) submitted. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of the Agreement. The award shall be final and binding upon the Committee, the Association, and any unit member(s) who may be party to a grievance.

Article V Payroll Deductions and Procedures

Payroll Procedures

Unit members shall be paid in twenty-six (26) bi-weekly pay periods. Unit members shall receive any remaining paychecks for the year on the last day of school.

Direct deposit of payroll checks shall be available to unit members who authorize the direct deposit in writing on the appropriate form provided by the Superintendent's office.

The MERSDSC agrees to make the following deductions, subject to authorization by the employee: Association Dues, Town Employees' Credit Union, Annuities, 403B Plans, Section 125 Plan Deductions, and Insurance Plans - including Health, Dental, Life and Individual/Group Disability Plans. The membership shall have access to the Long Term Care Plan identified by the Manchester Essex Teachers Association

Once established by completion of the proper form(s) provided by the Superintendent's office, these payroll deductions shall continue from year to year. Revocation of any or all of the deductions must be in writing and is subject to any pertinent statute or IRS regulation.

A unit member shall be permitted to change the dollar amount of any deduction with a minimum of two weeks' written notice on the proper form to the Superintendent's office.

Any of the above deductions so authorized by unit members new to the District or by current unit members who determine to establish a deduction shall be established no later than September 30 and shall begin with the last paycheck in October. Unit members may also choose to establish a deduction for a tax-sheltered annuity or a 403B plan during the month of April.

Payment of Athletic Stipends

Athletic stipends will be paid in accordance with the following schedule.

Fall:                        Fifty per cent (50%) of the stipend will be paid on the first pay period after October 1

Winter:                   Fifty per cent (50%) of the stipend will be paid on the first pay period after January 1

Spring:                    Fifty per cent (50%) of the stipend will be paid on the first pay period after April 1

In each of the above cases the remainder of the stipend will be paid in the pay period following the completion of all "close-out tasks." Said tasks will be set forth on a "punch list" developed by the Athletic Director following consultation with the coach involved.

Payment of Extracurricular Stipends

Extracurricular stipends will be paid in accordance with the following schedule.

Year-long activities will be paid fifty per cent (50%) of the stipend with the first pay period in December.

All other extracurricular activity stipends will be paid in full with the first pay period following the completion of the closeout tasks associated with the activity involved.

The closeout tasks will consist of the following:

1.                   Log of students (if applicable)

2.                   Log of time(s) of meetings

3.                   Summary of Activities

4.                   Inventory and return of equipment (if applicable)

5.                   Any additional requirement(s) identified in advance by the principal following consultation with the extracurricular activity advisor involved.

Dues Deduction

The Association shall annually transmit to the employer the amount of the dues.

Deductions shall be made in as equal pay period installments as possible during the school year.

The employer shall transmit monies collected to the Association Treasurer each pay period.

The form for dues deduction is reproduced herein.

Authorization Form Dues Deduction

I hereby authorize the Manchester Essex Regional School District School Committee and its agent to deduct the dues for the local, state, and national teachers' associations.

I understand that the specific amount of the current fees of the local (META), state (MTA) and national (NEA) associations shall be certified to the Committee by the META Treasurer each school year.

The deductions shall be made in accordance with the Agreement between the Association and the Committee.

I understand that I must give at least sixty (60) days' notice to the Committee through the Office of the Superintendent, which must be received no later than June 30 to withdraw my authorization for the subsequent school year.

I understand that I am obligated to pay the full annual fees for each year.

________________________                         ____________________

Signature                                                                Date

Article VI Conditions of Employment

Work Year

The work year shall end no later than June 30 and shall include one hundred eighty (180) days of student instruction, one (1) orientation day and three (3) professional development days.   Any orientation days and professional days shall be scheduled within or contiguous to the staff work year.

If Labor Day falls on September 4,5,6 or 7, the first day shall be the Monday before Labor Day for unit members and Tuesday or Wednesday for students. If Labor Day falls on September 1,2 or 3, school shall begin after Labor Day. In any event, school shall be closed the Friday before Labor Day.

First-year unit members may be required to attend up to three (3) orientation days prior to the opening of school. New staff orientation days must be contiguous to the staff orientation day. Any unit member asked to work on those days shall be compensated at the rate of thirty dollars ($30) per hour. In the event the Professional Development Committee (PDC) determines that up to three (3) orientations days are necessary for second-and/or third-year unit members, those days may be scheduled subject to the conditions listed above.

Student early-release days may be included in the school calendar upon request of the PDC. The PDC shall have responsibility for making a recommendation to the School Committee regarding the necessary early-release days to implement the PDC's professional development plan. These early-release days shall be in addition to the early-release day on the last day of school. The day before Thanksgiving shall be a half-day for students and staff.

At the elementary level there shall be four (4) additional early-release days for parent conferences. In order to provide parents with an opportunity to schedule a spring conference, the elementary classroom teachers shall send a notice to parents announcing the date of the spring parent conference early-release day(s).

The Guidance Department may be allocated up to thirty-five (35) additional work days per year. The number and distribution of these days among the counselors shall be determined by the Director of Guidance and the building Principal.   Unless otherwise agreed upon by the Director of Guidance and the building Principal, the days shall be contiguous to the beginning and the end of the work year. All counselors shall be compensated for such work at his/her per diem rate of pay.

Work Day

The workday of unit members shall consist of the six and one-half (6 1/2) hour school day, including the duty-free lunch period. In addition, unit members shall report for work ten (10) minutes prior to the beginning of the school day, except when doing morning duty, and shall remain ten (10) minutes after the end of the school day.

The workday of unit members shall be:

Essex Elementary School                                                  8:15 AM - 3:05 PM

Memorial Elementary School                                           8:15 AM - 3:05 PM

Manchester Essex Middle/High School                          7:35 AM - 2:25 PM.

In an emergency, teachers may be asked to remain on duty until students have left the building safely.

The District may adjust the starting or dismissal times for a school day by up to fifteen (15) minutes provided that the span of consecutive hours for any unit member is not increased. The District shall notify the Association no later than April 1 of the school year prior to the school year for which it proposes such a change. The Superintendent and the Committee shall meet with the Association to negotiate the impact of any such adjustment.

Lunch

All unit members shall have a thirty (30) minute duty-free lunch.

Nurses' Lunch

Each nurse will schedule a lunch period equal to the length of the unit member lunch in the building during the day. The administration agrees not to intrude on this time. The nurse, however, understands that s/he must respond to emergencies in the building. In the event the nurse loses all or a portion of the identified lunch period, s/he will reschedule the lunch.

Middle School/ High School Schedule and Preparation Time

The middle school and high school schedules effective the 2008-2009 school year shall consist of a seven (7) period schedule meeting six (6) blocks a day on a rotating six (6) day cycle.

Each full time unit member will have a minimum of two hundred ninety-five (295) minutes of preparation time per six (6) day cycle to devote to lesson planning, grading or the like. A preparation period shall be equal in length to the corresponding length of the scheduled student instructional block. Full time unit members who function as a classroom teacher, including exploratory teachers, specialists and special education teachers will have their preparation periods built into their schedule.

Every effort will be made to ensure that each full time unit member receives one (1) period per school day as a planning period. Nurses, guidance counselors, school psychologists, library teachers and OT/PT/Speech staff are responsible for scheduling preparation time within their workday. If a full time unit member has a day with a duty and no preparation period, the principal will provide coverage to ensure that the unit member has a preparation period. Department Chairs will not be used to provide such coverage.

The Association and the School Committee will meet no later than April 1 2009 to discuss the experience with the block schedule. Both parties acknowledge that changes in schedule may implicate mandatory subjects for collective bargaining and that the Association will be given written notice of proposed changes and an opportunity to bargain to the extent required by law.

Middle School/ High School Teaching Assignments

In the middle/high school full-time unit members shall be assigned no more than twenty-six (26) teaching periods per 6-day cycle except that teachers of art, music, business, technical studies or physical education may be assigned no more than thirty-one (31) instructional blocks per six (6) cycle, provided each additional teaching period shall be in lieu of a period of assigned administrative duty.

Elementary Schools Schedule and Preparation Time

At the elementary schools each full-time unit member shall receive two hundred twenty-five (225) minutes of duty-free time per week to devote to lesson planning, grading, or the like. Every effort shall be made to ensure that each full-time unit member receives one (1) period of forty-five (45) minutes per full school day as a planning period. Unit members who function as a classroom teacher, including exploratory teachers, specialists and special education teachers will have their preparation periods built into their schedule. Nurses, guidance counselors, school psychologists, library teachers and OT/PT/Speech staff are responsible for scheduling preparation time within their workday.

Memorial School Kindergarten Preparation time 2008-2009

For the school year 2008-2009 wherein the Memorial School kindergarten has special subject instruction for a total of only one hundred twenty (120) minutes preparation time per week, the District will provide the additional one hundred five (105) minutes of preparation time on each Wednesday early release afternoon.

Effective September 2008: during the month of-September each kindergarten assistant will be assigned for planning with his/her kindergarten teacher for a one (1) hour block of the Wednesday afternoon release time; beginning in October each kindergarten assistant will be assigned for planning with his/her kindergarten teacher for a two (2) hour block of the Wednesday afternoon release time.

This section shall cease to exist in the contract effective the last day of the 2008 - 2009 school year.

Elementary Conferences 2008-2009

For the school year 2008-2009 Election Day, November 4th, and the afternoon of October 24th (12:00 p.m. - 2:55 p.m.) shall be set aside for parent conferences at the elementary and middle school levels. Unit members shall work a total of six (6) hours on November 4th and shall be responsible for scheduling their parent conference schedule between the hours of 7:30 a.m. and 9:00 p.m.

No later than December 15th the parties shall meet to determine the effectiveness of the flexible conference schedule for subsequent years.

Loss of a Scheduled Preparation Period

A unit member who loses a scheduled preparation period shall be compensated at the rate of thirty dollars ($30) per hour or portion thereof.

Classes Taught in the Evening

A night class in subjects such as Band, Chorus, and Journalism may be taught in the evening in lieu of a class during the school day. Such course may be scheduled outside the regular workday with the agreement of the affected member. In such event, the starting or ending time of the unit member's workday shall be adjusted by one period. The Association shall be notified of the Agreement.

A unit member may leave the school premises on any unassigned time during the workday. A unit member shall notify the Principal's Office of his/her departure and of his/her return.

Supervisory Duties

Supervisory duties shall be handled as follows:

Essex                      Morning supervisory duty shall be done by two (2) unit members per day who shall supervise the playground from 8:10 AM - 8:25 AM. Kindergarten teachers shall be exempt from this duty. Aides shall be employed to cover all recess duties and lunch duties.

Manchester          At Memorial School all unit members shall perform outdoor morning supervisory duty from 8:15 AM - 8:25 AM, outdoor lunch recess, and outdoor afternoon supervisory duty from 2:55 PM - 3:05 PM.   Aides shall be employed to cover all other lunch duties.

Any supervision under this Agreement shall be done on an equitable, rotating basis. All supervision herein shall be done in accordance with yearly schedules established by the respective Principal's Office.   Supervisory schedules shall be posted and given to each unit member in the school at the beginning of the school year. Any change in a supervisory schedule shall also be posted and distributed to each unit member in the school.

A unit member who is assigned to more than one (1) building will be assigned duties in the primary building to which s/he is assigned. The primary building shall be the building in which the member spends the greater amount of time.

Assignments

Unit members at the elementary level shall receive assignments, schedules, and class lists for the following school year by the first Friday in June. Such lists and schedules may be changed thereafter, however, when new students are enrolled during the summer months or for other unforeseen circumstances.

A unit member shall not be assigned to more than two (2) buildings per day and shall be provided with travel time of up to thirty (30) minutes between buildings when the buildings are located in two (2) different towns. When a unit member travels between buildings within the same town, the unit member shall work out a mutually agreeable schedule with the Principal that permits reasonable travel time.

Every effort shall be made to arrange a part-time unit member's schedule to ensure contiguous scheduling of classes, preparation time, and duties.

Department Chairs

A Department Chair shall teach a maximum of four (4) classes with no additional duties.

A Department Chair shall be appointed for a three (3) year term.

Specialist Curriculum Leaders

Specialist Curriculum Leaders will attend Department Chair meetings on a rotating basis or shall determine among themselves an order of attendance.

Class Size

Every effort shall be made to limit class size to twenty-five (25) students per class.

Meetings

The total number of all meetings a unit member may be required to attend, including faculty, grade level, and department meetings, but not including IEP and child study meetings, shall not exceed two (2) meetings per month. This does not apply to individual parent-teacher conferences.

Meetings shall generally not be more than one (1) hour in length or a total of more than two (2) hours per month.

Meetings shall not be held on Fridays or on any day preceding or following a holiday or school vacation, except in an emergency.

Unit members shall have a minimum of two (2) school days' notice of any meeting, except in an emergency.

A unit member shall attend one (1) evening meeting or event per year.

When an IEP team meeting, 504 meeting or child study meeting is scheduled before or after school, a unit member attending that meeting shall be paid thirty dollars ($30) per hour upon request.

A unit member who is assigned to more than one (1) building will attend meetings in the primary building to which s/he is assigned. The primary building shall be the building in which the member spends the greater amount of time. An exception to this clause will apply if there is an agreement between the principals involved. The principal of the primary building will be responsible for notifying the META President and the Superintendent of any exception to this clause. In any event the unit member's meeting schedule will not exceed the total amount of meeting time required of other unit members.

Attendance Keeping

Unit members shall be expected to take attendance daily and fill out the designated attendance form.

Required Change of Classroom/Building

When a unit member is required to move from one room to another or from one site to another due to a transfer, construction or renovation, the member shall be notified of the move no later than the first Friday in June or a month ahead of the date of the move, should the move be scheduled to occur after the school year has commenced. The District shall provide boxes and packing materials. The unit member shall be responsible for packing and unpacking his/her classroom materials. All moving and lifting of materials shall be done by the custodial staff. A unit member shall be compensated at the rate of thirty dollars ($30) an hour or portion thereof for time spent moving his/her room.

Because of the enormity and uniqueness of the move from the existing Middle/High School and the accompanying move of the sixth grade classes from the two elementary schools to the new building scheduled for the fall of 2009, the following procedures will take place: The school district will provide boxes and pay unit members thirty dollars ($30) per hour for three (3) hours of time dedicated to packing their personal items. The District will hire professional movers to pack and move all classroom materials. During the first professional day prior to the student's return to school in the fall of 2009 there will be a minimum of three (3) hours set aside for the express purpose of preparing the Middle/High School teacher collaborative areas and classrooms ready for the first day of students.

Part-time Unit Members

Part-time teachers shall have duties, preparation time and meeting responsibilities in direct proportion to the percentage of teaching time for which they are compensated.

A reasonable effort shall be made to schedule consecutively the teaching, preparation and duty responsibilities of part-time teachers.

Job-sharing Agreement

The Job-sharing Agreement has been signed for 2004 - 2005 school year. The 2004 - 2005 school year shall be the final year of job-sharing in the MERSD.

Unit Work

The Association withdraws its proposal on unit work without prejudice, and the Committee agrees that the Association can pursue issues of unit work through the grievance /arbitration procedure and unfair labor practice charges without the 2004-2007 bargaining history brought up as prejudicial to any action taken by the Association.

Article VII Professional Development Induction and Mentoring

Professional Development

The responsibility initially and annually of the Professional Development Committee (PDC) shall be to develop, and revise if necessary, a District Professional Development Plan guided by the needs of the unit members, the District School Improvement Plan and/or Strategic Plan and the Department of Education regulations for licensure. The PDC shall plan, organize, and supervise professional development as well as provide for, compile, and post the results of the evaluation of the professional development activities of the School District. The PDC shall have responsibility for all professional days and for making a recommendation regarding the necessary early release days to implement the PDC's Professional Development Plan.

The PDC shall communicate various opportunities for professional growth and development to unit members throughout the year. Those opportunities may include, but are not limited to, study groups, individual projects, research and design teams, committee work, and conferences/workshops.

The PDC shall establish the criteria and standards for individual projects, inservice workshops, study groups and other professional development activities.

After creating the District's Professional Development Plan, the PDC shall act as a clearinghouse to a) ensure that professional development opportunities align with the District's Professional Development Plan, b) approve/not approve of professional development opportunities under the standards established by the PDC, and c) award professional development points to unit members who meet the criteria adopted by the PDC.

The PDC shall consist of the Superintendent or his/her designee, the Principals, and two (2) unit members from each school, at least one of whom will be a classroom teacher, selected by the Association. The Committee shall be co-chaired by a unit member selected by the unit members on the PDC and a member of the administration.

Induction and Mentoring Program

Under the auspices of the PDC there shall be implemented and maintained a comprehensive induction and mentoring program.

The purpose of the induction and mentoring program is to ensure that each unit member new to the system receives guidance, information, support, and training in accordance with MGL. Chapter 71, Section 38G. as s/he undertakes his/her professional role and responsibilities.

No later than May 31 of each school year, the administration shall post the positions of mentor(s) in each building. In addition to the posting requirements in the Vacancies and Transfer Article, the posting shall include the anticipated number of mentors needed in each building and in each curriculum area. If, subsequent to May 31, it is determined that additional mentors are needed, the positions shall be posted as above.

A mentor shall have at least three (3) years' experience in MERSD. If, however, a unit member who has achieved professional status in a another school district prior to his/her employment in the Manchester Essex School District is awarded professional status in the Manchester Essex School District by June 15 of his/her second full year of service in this District, then said unit member shall be eligible to apply to be a mentor in the Manchester Essex School District subsequent to his/her appointment as a professional status teacher in the Manchester Essex School District.

Each mentor shall receive training prior to beginning his/her work with a mentee.

Each mentor shall maintain a log, the sole purpose of which is to maintain a record of meetings of the mentor and the mentee during the mentoring year. To document that these meetings have occurred, this log containing a record of meetings will be submitted to the Superintendent or his/her designee. The Superintendent or his/her designee will notify the mentors of the dates upon which the logs will be submitted.

All communication between the mentor and the mentee is confidential.

Any written materials shall be given to the mentee no later than the end of the school year and shall be used only within the mentoring process.

Time shall be provided at least once per quarter for the mentee or the mentor and the mentee to observe other classes or personnel. It is the responsibility of the mentor to arrange observation opportunities. Participation on the part of the personnel to be observed is voluntary. Personnel willing to be observed shall have at least two (2) school days' notice.

Article VIII Recertification

The District shall abide by the Massachusetts regulations on recertification found at 603 CMR §44.00.

Each unit member shall be provided with copies of school and District goals.

A unit member who has returned from a leave of absence or a newly hired unit member shall be granted three (3) months to obtain approval of his/her IPDP.

Article IX Vacancies and Transfers

Vacancies

In any posting of a vacancy, anticipated vacancy, or promotional position or stipendiary position under this Agreement, the following information shall be provided: specifications, qualifications, compensation, and application deadline. At least fifteen (15) calendar days excluding vacations and holidays during the school year, prior to an application deadline, the Superintendent shall send the META President the posting for each position and shall post the notice on the Association bulletin board in each school. Postings during the summer shall be sent to the President and to any unit members who indicate in writing to the Superintendent their interest in being informed of such positions.

A unit member's application shall receive equal consideration with those submitted by outside candidates. In the event that unit members who are applicants for stipended positions have equal qualifications as determined by the Superintendent or Principal, a unit member will be appointed to the stipended position.

Voluntary and Involuntary Transfers Voluntary Transfers

Any unit member desiring a transfer shall submit a written request to the Superintendent not later than March 31. Requests shall specify the location or the assignment desired. The Superintendent shall endeavor to process requests for transfers as promptly as possible.

Involuntary Transfers

When a transfer is necessary, volunteers shall be solicited first. If there is no volunteer, the involuntary transfer shall be made on the basis of seniority, and the least senior unit member certified for the position shall be transferred.

Written notice of the proposed involuntary transfer and the reason(s) therefore shall be given to the unit member involved.

Summer School Positions

The Superintendent shall publicize all openings for summer school positions.

Article X Reduction in Force

Should a reduction in staff be necessary, the District shall utilize the following procedure and criteria.

The following order of reduction shall be the order in which reduction shall be made:

Attrition

Substitute unit members

Unit members on waiver, provided that there is a certified unit member who is qualified to fill that position

Unit members without professional status provided that there is a certified unit member who is qualified to fill that position

If it is still necessary to reduce the number of unit members with professional status within a classification/department, the District shall lay off in order of seniority with the most junior member of the classification/department being laid off first. If two (2) or more unit members are of equal seniority, the unit member with the most advanced degrees and additional credits earned shall be retained (e.g. a unit member with M+30 credits shall be retained over a unit member with M+15 credits; a unit member with M+36 credits shall be retained over a unit member with M+30 credits) except when a unit member of the same seniority with an evaluation of "Does Not Meet Expectations" shall be reduced, even if s/he has more advanced degrees and coursework.

If a professional status unit member loses his/her position within a department/classification, that unit member may displace a nonprofessional status unit member in another department/classification, or, if there is no nonprofessional status member to displace, the least senior professional status unit member in another department/ classification shall be displaced provided the unit member designated for layoff is certified in the department/classification.

Each department/classification shall constitute a separate unit for purposes of layoff:

Pre-K - 5

6-8

9 -12 by area: English, Social Studies, Science, Math, Technology

Education, Business

K - 12 by area: Physical Education, Art, Music, Foreign and World

Language, Guidance, Psychologists, Nurses,

Reading, Speech, Library/Media, Special Education

New departments/classifications added during the term of this Agreement shall be considered added to this list.

Any unit member to be laid off shall be notified of the action no later than June 15 of the school year preceding the school year in which the reduction is to take place. The District shall make every effort to notify affected unit members by May 15. A nurse may be reduced from full-time to part-time status but notice of such reduction, if any reduction is to occur in the subsequent school year, shall be consistent with the June 15 notification date for all other members.

Once a unit member with professional status is laid off, the unit member shall be considered to be on leave of absence without pay for a period of twenty-six (26) months from the first work day of the school year after notice of layoff is received unless the unit member accepts recall or unless the unit member refuses/fails to respond to a recall. During the period of layoff the unit member shall be eligible to participate in District insurance plans but shall pay the full cost of the plans in which s/he chooses to participate.

To be eligible for recall rights and benefits under this Agreement, the unit member must agree in writing to waive his/her rights to review the decision with the Superintendent in accordance with MGL C. 71 s. 42 and permit the Superintendent to dismiss him/her without challenge at the end of the recall period should s/he not return to active employment by end of the recall period. A unit member shall have at least twenty-one (21) days from the receipt of notice of intent to lay off to sign and return the waiver form herein quoted.

Rights of a unit member on layoff shall be governed by the following conditions:

No new unit member(s) shall be hired for a position when there is a unit member on layoff who is qualified to fill the position.

Unit members shall be recalled in reverse order of layoff by the department/classification or within the department/classification.

No part-time teacher shall be offered additional work prior to a PTS unit member on lay-off being given the opportunity. Such work accepted by a laid off teacher shall not in any way impact his/her recall rights under Article VI.

Recall notices shall be sent by certified or registered mail to the laid off unit member's last known address. The unit member shall have fourteen (14) days after the receipt of the notice to accept the recall. In the event the recalled unit member does not accept the recall, all recall rights shall terminate. In addition, if the recall notice is returned to the District because the unit member has not picked up the notice, then all recall rights shall terminate.

A unit member with professional status recalled under this Article shall be credited with all of the benefits to which s/he was entitled prior to his/her layoff, including accumulated sick leave, and shall be placed one (1) step higher on the salary schedule (unless previously on the maximum step) than s/he occupied when laid off, provided s/he would have advanced to such step had s/he not been laid off. Seniority and other benefits shall not accrue during the period of time a unit member is on recall.

A unit member who has been laid off shall be given preference on the substitute list if s/he so desires and so indicates in writing to the Superintendent.

A unit member on layoff shall be sent copies of all notifications of vacancies and new positions in his/her certification area(s). The unit member is responsible for notifying the Superintendent's office of his/her certification area(s).

Seniority is defined as continuous employment from the initial date of hire in Essex, Manchester, or the Manchester Essex Regional School District, including time spent on approved leaves of absence. An authorized unpaid leave of absence shall not disrupt continuity of service; such time, however, shall not be credited for purpose of seniority.

Within sixty (60) days after the execution of this Agreement the Committee shall forward to the members of the Association the initial seniority list containing the names of all the unit members, listed in order of seniority with date of appointment and years and months of seniority. The proposed list shall be posted in each building. A seniority list then shall be established each school year by November 1; the list shall remain in effect until the subsequent list is established.

Any challenge(s) to the list must be filed by written notice to both the Superintendent and the Association President no later than twenty (20) school days after the dissemination and posting of the list. Within ten (10) school days of the date the challenge(s) is due, the Superintendent and the Association President or his/her designee shall meet to resolve a challenge. If the challenge is not resolved, the matter shall be immediately submitted to expedited arbitration in accordance with the rules of the American Arbitration Association.

Any challenge(s) to the composition of subsequent annual seniority lists may be made only to the extent of the change, if any, from the immediately preceding seniority list.

WAIVER FORM

To: ______________________________________

From: ______________________________________

SUBJECT: EMPLOYMENT STATUS WAIVER - INVOLUNTARY LEAVE OF ABSENCE

This is to notify you that the MERSD School Committee intends to vote on your employment status on ______________________ consistent with the notification you have already received dated ______________________.

You shall be considered on involuntary unpaid leave of absence and eligible for recall pursuant to the Contract if you execute this waiver form. Executing this waiver shall also protect your professional teacher status, seniority, and contractual benefits during the recall period. You shall assume full cost of any optional insurance program for the duration of this leave effective July 1 following its approval. Also, should you wish to be given preference on the Substitute List during the recall period, you should notify the Office of the Superintendent.

Your layoff has been caused by severe budgetary constraints and/or student enrollment decreases and in no way reflects upon your years of satisfactory service as a member of our professional staff.

If you intend to elect involuntary unpaid leave of absence, please sign and return this form to the Office of the Superintendent by ______________________. If we do not receive a signed form by this date, we shall assume that you do not wish to accept involuntary leave of absence status. The MERSD School Committee shall then undertake dismissal procedures pursuant to General Laws Chapter 71, Section 42.

WAIVER

In consideration of treating my layoff as an involuntary unpaid leave of absence, I hereby agree not to exercise any present or future rights that I have under the General Laws Chapter 71, Section 42 and relieve the MERSD School Committee of any obligation it may have to comply with said statute with respect to this layoff to be effective September 1, 20_____. I understand that, by accepting this involuntary unpaid leave of absence, I shall retain all professional teacher rights, seniority, and other contractual benefits in lieu of dismissal. I shall assume full cost of any optional insurance program for the duration of this leave effective July 1 following its approval. If I am not recalled during this leave, I understand that the Committee shall vote on my dismissal pursuant to Chapter 71, Section 42 at the end of the involuntary leave of absence, and I hereby waive my rights pursuant to Chapter 71, Section 42 with respect to the MERSD School Committee's action at that time.

______________________                            ______________________

Signature                                                               Date

Article XI Paid Leaves of Absence

Any paid leave under this Agreement shall entitle the unit member to credit for leave time as though s/he were in the active service of the District.

Any unpaid leave that results from leave granted as unpaid leave that extends any period of leave time specified herein shall not constitute a break in service, nor shall it affect any salary and active experience credit for purposes of this Agreement.

The unit member shall return to his/her position or to a comparable position. Upon return, all benefits to which a unit member was entitled at the time his/her leave commenced shall be restored to him/her upon his/her return.

Any service in the District requirement for purposes of a leave under this Article shall mean service in Manchester or Essex prior to July 1, 2000 alone or in combination with service in the District after July 1, 2000.

Sick Leave

Unit members shall be entitled to fifteen (15) sick leave days each contract year for absences resulting from the illness or injury of a unit member. Each unit member hired prior to July 1, 1986 shall be allowed to accrue sick leave without limit. Each unit member hired on or subsequent to July 1, 1986 shall be allowed to accrue sick leave to a limit of two hundred (200) days.

The following provisions are effective September 1, 2002, for purposes of determining a less than full-time unit member's sick leave accrual and its interface with past/future full-time sick leave accrual.

If a unit member is less than a 1.0 Full Time Employee (FTE) or moves from 1.0 FTE to part-time but s/he works five (5) days a week, the number of sick leave days shall accrue by the same number as those of a full-time unit member: fifteen (15) sick leave days per year. If the part-time unit member moves to full-time status, the accrued number of sick leave days shall then be multiplied by the percentage of the week that the unit member has been employed. For example, a .5 unit member with thirty (30) accrued sick leave days shall receive fifteen (15) accrued sick leave days upon full-time employment status.

If a unit member who is less than a 1.0 FTE or moves from 1.0 FTE to part-time but works less than a five (5) day week, s/he shall receive sick leave proportionate to the amount of sick leave received by a full-time unit member.   For example, a 0.8 unit member who works only four (4) of the five (5) weekdays shall receive 0.8 of the sick leave days. If this unit member moves to full-time employment, s/he shall retain his/her accrued number of sick leave days.

Any change in status shall result in the recalculation of leave days. A unit member who moves from full-time status to less than full-time will have recorded in a separate account on his/her status sheet the number of accrued sick leave days earned as of that date.

For purposes of determining an individual's annual sick leave and accrued sick leave, all calculations shall be rounded up to the nearest day upon retirement from the school system.

The sick leave allowable for any year shall be available in full at the commencement of the school year.

Each unit member shall be advised in writing on the employee status report of the number of unused sick days that the unit member has to his/her credit by October 1st of each year.

A unit member who resigns or is non-renewed because of budgetary constraints, declining enrollment, or program elimination and is rehired shall be credited with the number of days of sick leave previously accrued.

Family/Household Accident or Illness

In case of the accident or illness of a family/household member, leave time of up to five (5) days shall be allowed and charged against the unit member's sick leave. Family members include parent, spouse, child, sibling, household member, and/or life/domestic partner.

Childbearing Leave

A unit member shall be able to use accrued sick leave days, not to exceed eight (8) consecutive work weeks, for the period of temporary disability due to childbirth and recovery therefrom, provided a physician's certificate attesting to the disability is submitted. Such leave shall commence when the unit member is no longer able to work, even if that date is prior to the actual birth of the child. Any request for paid leave exceeding eight weeks due to continuing disability must be accompanied by a physician's certificate.

The Superintendent shall be notified of the date of the beginning of the leave at least four (4) weeks prior to the unit member's departure. This date may be adjusted, based on medical certification. This request for leave is not binding on the individual.

Bereavement Leave

In the event of the death of a parent, spouse, child, sibling, household member, life/domestic partner, parent-in-law, grandchild, grandparent, cousin, uncle, aunt, niece, nephew, sibling-in-law, and any other person, leave time of up to a total of five (5) days of absence in a school year shall be allowed with full pay. Additional days shall be granted at the discretion of the Superintendent.

Personal Leave

Subject to the following conditions, each unit member may use up to two (2) days per year for personal leave.

Such days cannot be taken during the first week or the last week of the school year or on a school day immediately before or after any holiday or school vacation period unless the Superintendent at his/her discretion waives these limitations.

Except in the event of an emergency, a unit member requesting personal leave shall give forty-eight (48) hours' written notice of intention to take such leave to the Superintendent on the form reproduced herein.

Manchester Essex Regional School District

Personal Leave Request

Date:                                                      ______________________

Name of Teacher:                               ______________________

Date(s) of Personal Leave:                ______________________

Principal's Signature                            ______________________

The Principal is responsible for sending the completed form to the Superintendent.

Superintendent's Signature                ______________________

No more than three (3) unit members in each building shall be able to take personal leave on any given day. In the event that more than three (3) unit members in the building request personal leave for any given day, the first three (3) unit members in the building whose written notice is received by the Office of the Superintendent shall be the unit members to receive personal leave for that day unless the Superintendent waives this limitation.

Personal days in excess of the two (2) days may be requested and may be granted by the Superintendent in cases of emergency, with full reasons for such requests furnished by the applicant. The Superintendent, at his/her discretion, may charge the unit member for the cost of his/her substitute.

Personal Leave shall be deducted from an eligible unit member's entitlement to Small Necessities Leave.

Professional Leave

A unit member shall be allowed two (2) professional days each year. Additional days may be granted at the discretion of the Superintendent.

Upon the Superintendent's prior approval the Committee shall pay for registration fees, books, materials, meals, lodging and transportation for seminars, workshops, conferences and other professional improvement sessions.

Religious/Holy Days Leave

Each unit member shall be allowed days of leave for the observance of religious/holy days.

Legal Leave

A unit member shall be entitled to time necessary for appearances in any legal proceeding required by any subpoena of a court or connected with the unit member's employment or with the school system.

Jury Duty

No teacher shall suffer a loss of salary to which he/she would otherwise be entitled for performing jury duty.

Sabbatical Leave

Sabbatical leave may be granted to one (1) unit member per school year.

A unit member may apply for a leave of one-half year or one full year's duration. The unit member shall be compensated at fifty per cent (50%) of his/her full pay exclusive of tuition or scholarship monies awarded to the unit member. MERSD shall continue to pay its portion of the unit member's health insurance premiums.

Application for sabbatical leave may be made during the sixth year of total employment in Manchester, Essex and/or MERSD, or any combination thereof.

A letter requesting sabbatical leave for the succeeding school year must be received by the Office of the Superintendent on or before December 1.

The unit member shall return to the position held prior to the sabbatical leave. A unit member returning from sabbatical leave is not guaranteed return to any stipendiary positions.

The unit member who undertakes a sabbatical leave agrees to return to service in the Manchester Essex Regional Schools for a period of twice the length of the sabbatical leave or to reimburse the school district for any unserved balance thereof The District, however, shall not require the reimbursement of the money from the unit member or his/her estate should s/he die.

Should the program of study or research being pursued by the unit member on sabbatical leave be interrupted by serious accident or illness, this unforeseen fact shall not be considered a breach of the contractual agreement, providing the Superintendent is notified of such accident or illness.

Article XII Unpaid Leaves of Absence

Any unpaid leave granted under this Article shall not constitute a break in service. The leave shall count for credit for advancement on the salary schedule and for purposes of active experience under this Agreement if the unit member has worked in the District at least ninety-two (92) days of the school year in which the leave occurs.

While on unpaid leave, the unit member shall be eligible to continue medical insurance and life insurance at full cost to the unit member.   Upon return, the unit member shall return to his/her position or to a comparable position except as otherwise provided by the terms of this Agreement.

Written notice of intent to return to work shall be presented to the Superintendent at least sixty (60) calendar days prior to the unit member's return to work at the beginning of the second semester/third marking period/ third trimester, or no later than April 1 for return at the beginning of the school year. All benefits to which a unit member was entitled at the time his/her leave commenced shall be restored to him/her upon his/her return.

Any service in the District requirement for purposes of a leave under this Article shall mean service in Manchester or Essex prior to July 1, 2000 alone or in combination with service in the District after July 1, 2000.

Any leave may be extended at the discretion of the Superintendent.

Medical Leave

A unit member with professional teacher status shall be granted a leave of absence for up to one (1) year for personal medical reasons or for the purpose of caring for a sick member of his/her family. Family members include parent, spouse, child, sibling, household member, and/or life/domestic partner. If the unit member is entitled to leave under the FMLA, such leave shall run concurrently with the medical leave.

A unit member whose personal illness extends beyond said time period may be granted additional time as is necessary.

Parental Leave/Adoption Leave

A unit member shall be granted a leave of absence for up to one (1) year for the purpose of child rearing or adoption.

Exchange Educator Leave

A unit member with professional teacher status who is selected to be a teacher in a foreign country or as an exchange teacher within or outside the United States for a period of one (1) year shall be granted a leave of absence. If an exchange program provides an exchange teacher to serve in the MERSD and if his/her salary is paid by his/her school district, the MERSD unit member shall have his/her salary paid by the MERSD.

Social/Educational Service Leave

A leave of absence of up to two (2) years may be granted to any unit member with professional teacher status who joins the Peace Corps, Vista, or formal or national or state programs similar in social service or educational purpose.

Military Leave

Military leave may be granted to any unit member who is inducted or who enlists in any branch of the Armed Forces of the United States. Military leave shall be granted to any unit member whose military status is activated.

The period of such leave shall be the minimum period of continuous service required by such induction or enlistment but shall not continue into any period of additional voluntary service.

The language contained in the introduction to this Article shall apply to military leave only if it does not conflict with federal law.

Educational Leave

A unit member with four (4) or more years of service in Manchester, Essex or MERSD may have the option of taking a leave of not more than one (1) year for the purpose of pursuing academic coursework.

Family and Medical Leave Act

The Family and Medical Leave Act is herein incorporated by reference.

Article XIII Sick Leave Bank

All members of META except for permanent substitutes shall participate in the Sick Leave Bank. This Bank shall be initially funded with the unused days of the Essex and Manchester Sick Leave Banks.

Each new full-time unit member shall donate two (2) days upon hire.

A new unit member employed for less than fifty percent (50%) time shall be assessed one day, whether it be for one-half year's work at full-time or a full year's work at less than half-time.

By September 30, the Superintendent's Office shall provide the Association President with an updated list of new unit members and days assessed. An additional updated list shall be provided whenever a new unit member enters the system.

If at any time during a given school year the number of days in the Bank is reduced to less than twenty (20) days, the Committee shall deposit a sick leave day into the Sick Leave Bank from the annual sick leave of each member of the Bank. For purposes of replenishing the Bank, the Bank Committee shall notify the Superintendent when the number of days in the Bank falls below twenty (20) days and shall notify the unit members that a day is being deducted.

Whenever there is a reassessment, the Superintendent's Office shall provide the Association President with a complete list of unit members and days assessed.

In the event a participating member has exhausted all of his/her sick leave on the day the deposit is made, the Sick Leave Bank shall notify the Superintendent to award one (1) less day of annual sick leave to that member in the subsequent school year.

Sick Leave Bank benefits shall be granted for cases of accident, disability, and prolonged illness, based on appropriate medical evidence.

Written notification of the number of days granted by the Sick Leave Bank Committee shall be sent to the Business Office.

A participating member may request up to and including thirty (30) days from the Bank in his/her initial request provided all his/her individual leave has been exhausted. After the sick leave initially granted by the Bank has been used, the participating member may then request additional days in increments of up to thirty (30) days. Each request for additional days shall be reviewed by the Sick Leave Bank Committee. The member shall make reasonable effort to submit the request prior to exhaustion of his/her individual accumulation.

The Sick Leave Bank Committee shall govern and administer all phases of the Bank. The operation of the Bank and withdrawals therefrom shall be carried out in accordance with Sick Leave Bank guidelines.

The Superintendent shall make available the attendance record of a Bank member applicant if requested to do so by the Sick Leave Bank Committee.

If an emergency or unanticipated event occurs and the Sick Leave Bank Committee is unable to meet, the META President in his/her discretion may award up to five (5) days from the Bank to ensure continuity of the member's paycheck.

The application for benefits must be accompanied by a certification of accident, disability, or prolonged illness completed and signed by a physician. In cases requiring an assessment of the member's psychological condition, the certification must come from a board-certified psychiatrist. The Bank Committee may require additional information before approval of days is granted. The Bank Committee may also require additional information beyond a doctor's certificate at any time days are being used by a participating member. If the additional information is not provided by the member to the Bank Committee within a reasonable amount of time, upon written notification by the Bank Committee, the Business Office shall stop the unit member's use of the previously granted Bank days.

Benefits under the Sick Leave Bank shall not extend beyond the participating member's term of employment.

Sick days are defined as normal workdays, excluding holidays and vacations and other non-working days. Payment shall be made on a workday basis. Salaries obtained from extra-curricular or other such activities shall not be included.

Any misuse or abuse of a Sick Leave Bank benefit that comes to the attention of the Sick Leave Bank Committee shall be reviewed by the Bank Committee. If information supports the fact that misuse or abuse has occurred, the Bank members shall provide opportunity for the unit member to meet and explain his/her position.   Upon written notification by the Bank Committee the Business Office shall stop the unit member's use of the previously granted Bank days. If the Bank deems it necessary, the Bank Committee may request repayment of those days that were the subject of abuse.

Sick Leave Bank Benefits and Worker's Compensation

If a member of the Bank applies for Worker's Compensation and receives, upon approval of the Bank Committee, days which are later determined to have a portion thereof covered by Worker's Compensation, the proportionate amount of each day the Bank has provided to cover time determined to be covered by the Worker's Compensation payment shall be restored to the Sick Leave Bank.

The Manchester Essex Regional School District hereby agrees to cooperate to make the Sick Leave Bank whole for the portion of the days that were retroactively compensated by Worker's Compensation and restore those days and/or portions thereof to the Bank.

A participating member receiving Worker's Compensation shall receive, upon approval of the Bank Committee, the difference between his/her regular daily rate of pay and the amount paid by Worker's Compensation. The applicant for these benefits must have exhausted all of his/her individual annual and accumulated sick days before receiving any benefits from the Bank. The purpose of this section is to allow the participating member to be eligible to receive his/her full salary for the period of accident, disability, or prolonged illness by adding Bank benefits to any Worker's Compensation payment.

Should the member's Worker's Compensation payment be paid retroactively and the Bank has provided days to cover time later determined to be covered by the Worker's Compensation payment, those days shall be restored to the Sick Leave Bank.

Failure to make payment as agreed upon on the Repayment Agreement within ten (10) days of receipt of any Worker's Compensation payment(s) shall be grounds for immediately stopping the use of days granted by the Bank. Such right of the Bank does not in any way restrict its ability to take action, legal or otherwise, to recoup the money owed under the terms of the Repayment Agreement.

The application for benefits and the agreement to restore days to the Bank if Worker's Compensation is paid (Repayment Agreement) shall be rendered on Bank Committee forms made available through the President of the Association.

Sick Leave Bank Repayment Agreement

I have applied for or may apply for Worker's Compensation. If my claim is successful and Worker's Compensation makes payment for days I was granted by the Bank Committee, I hereby agree to cooperate with the School System to repay and make whole the Sick Leave Bank through repayment to the District from any Worker's Compensation Settlement for the portion of the days that were retroactively compensated by Worker's Compensation in order that those days and/or portions thereof are restored to the Bank.

______________________                                             ______________________

Applicant's Signature                                                           Date

Article XIV Unit Member Rights

Just Cause

No unit member with professional teacher status shall be terminated without just cause. No unit member shall be reprimanded or suspended without just cause.

No Reprisals

No reprisals shall be taken by the School Committee or its agents against any member of the bargaining unit because of the member's participation in Association activities.

Association Representation

A unit member shall have the right to have a META representative at any meeting with an administrator(s).

Inappropriate Conduct

No administrator or unit member shall use inappropriate forms of communication including, but not limited to, bullying, demeaning, sarcastic, or unprofessional comments with or to an administrator, unit member or staff member. In addition, no administrator or unit member or staff member shall speak in such fashion to an administrator, unit member or staff member or in the presence of an administrator, another unit member or staff member or in any public forum about a personal or professional matter regarding an administrator, another unit member, or staff member.

Personnel Files

School officials of cities and towns keeping records concerning any unit member or his/her work shall, at the request of the unit member, permit the unit member by appointment to inspect the contents of his/her personnel folder, files, cards, and records and to make copies of such contents and records as concerns his/her work or himself/herself.

Nothing shall be placed in a unit member's personnel file unless the unit member has seen the document and has had an opportunity to respond or address the document. Further, the document shall not be placed in the personnel file until the unit member has placed his/her signature on the document. The signature indicates only that the unit member has been provided with a copy of the document and not that s/he agrees with the content thereof. The central office shall be in receipt of the unit member's signature on the document within twenty (20) school days of the unit member's receipt of the original document.

CORI Language

In compliance with the provisions of Chapter 385 of the Acts of 2002, the Superintendent of Schools shall request and review CORI checks.

All CORI checks shall be kept in a separate, secure file maintained in the office of the Superintendent. Upon retirement or termination of his/her employment a unit member may request in writing that s/he be given his/her reports. A copy of CORI reports shall be provided to the unit member within ten (10) days of the request.

After review of a CORI report, the Superintendent, if s/he deems it necessary, may meet with the unit member who may, at such meeting, be represented by the Association. Any and all personnel actions resulting from information acquired from a CORI report shall be conducted pursuant to the provisions of the Collective Bargaining Agreement and the General Laws of the Commonwealth of Massachusetts.

Nurses' Probationary Service

Nurses new to the District shall serve an initial probationary period of ninety (90) school days and are subject to annual reappointment for the first three (3) years of employment.

The "just cause" standard does not apply to nurses who are terminated within the initial probationary period.

Article XV Association Rights and Privileges

Release Time

The META President shall be relieved of all duties.

Meetings

Upon notice to the Superintendent, the Association may schedule up to five (5) meetings per year on the first Thursday of the month.   The District shall not schedule any other District meetings or workshops on those days. The Association may schedule other meetings before or after school with notification to the Principal who authorizes building use.

Association Days

Delegates of the Association 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 towns of

Essex and Manchester-by-the Sea; the number of delegates is not to exceed that deemed by the administration to be in the best interest of maintaining an effective school operation.

Communication

The META President shall be provided with a copy of the official agenda of each meeting of the MERSDSC when it is sent out to the School Committee members.

The META President shall be provided with copies of the official public minutes of each meeting as soon as possible after the approval of the minutes by the School Committee.

The META President shall be provided with all current School Committee policies and with all new policies as soon as each is adopted by the School Committee.

The Superintendent shall send the META President a copy of the appointment letter for each new unit member as s/he is employed.

Buildings and Facilities

META shall have the right to use school buildings for meetings subject to the approval of the building principal and the META President.

META shall have the right to post materials on the META bulletin boards subject to the approval of the META President.

META shall have the right to use the system's e-mail subject to the approval of the META president.

META may use the staff mailboxes with the approval of the META President. Any liability under federal law for such use is the responsibility of META only.

Unit members shall have the right to use the athletic facilities of the District's schools, subject to the approval of the building principal.

Article XVI Resignations

Recognizing that resignations can adversely affect the best interests of the student population, each unit member is strongly encouraged to give the District at least thirty (30) days' prior written notice of his/her intention to resign his/her position.

Article XVII Personal Injury and Property Damage

Personal Injury

Whenever a unit member is absent from school as a result of personal injury caused by an accident or an assault in the course of his/her employment, the unit member shall be paid full salary less the amount of any Worker's Compensation award made for temporary disability due to said injury for the period of such absence. Such absence shall be deducted from accumulated sick leave. The General Laws of the Commonwealth of Massachusetts shall prevail in this case.

Property Damage

Unit members shall be reimbursed up to fair market value for any clothing or other personal property damaged or destroyed in the reasonable course of his/her employment.

Article XVIII General

Health and Safety

The District shall provide unit members with safe and healthful working conditions.

The Superintendent shall send written notice to the META President and shall post on the Association bulletin board in each building official notice of any health and/or safety matter(s).

Computer Technology

A unit member shall work with the administration and the authorities where there is evidence of student misuse of computer technology.

A unit member monitoring students using technology in his/her area shall not be held responsible for a student's violation of the District's Acceptable Use Policy. If a unit member becomes aware of inappropriate behavior, s/he shall report it to the administration.

Savings Clause

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

Article XIX Evaluation

I. Authority. Scope and Purpose

(1)                 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.

(2)                 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.

(3)           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 that 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 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, consistent with these principles, to assure effective teaching and administrative leadership in the Commonwealth's public schools.

Definitions

Administrator shall mean any person in a school district in a position requiring a certificate as described in 603 CMR 7.10(34) through (38) or who has been approved as an administrator in the area of vocational education as provided in 603 CMR 4.0 et seq.

Evaluation shall mean the ongoing process of defining goals and identifying, gathering and using information as part of a process to improve professional performance (the "formative observation") and to assess total job effectiveness and make personnel decisions (the "summative evaluation").

Evaluator shall mean any person designated by a superintendent, consistent with the procedures set out in 603 CMR 35.06, who has responsibility for evaluation.

Performance Standards shall mean the performance standards locally developed pursuant to M.G.L. c.71, §38, 603 CMR 35.06, and the Principles of Effective Teaching and Principles of Effective Administrative Leadership adopted by the Board of Education.

School Committee shall mean the school committee in all cities, towns and regional school districts, local and district trustees for vocational education, educational collaborative boards, boards of trustees for the county agricultural schools and the board of trustees of a charter school.

Superintendent shall mean the person employed by the school committee pursuant to M.G.L. c.71, §59 or §59A. The superintendent is responsible for the implementation of 603 CMR 35.00. S/he shall be evaluated by the school committee pursuant to 603 CMR 35.00 and such other standards that may be established by the school committee.

Teacher shall mean any person employed in a school district in a position requiring a certificate as described in 603 CMR 7.10(1) through (33), and 603 CMR 7.10(39) through (42), or who has been approved as an instructor in the area of vocational education as provided in 603 CMR 4.00 et seq.

Principles of Evaluation

All forms of evaluation should focus on improving practice, and, therefore, all forms have a formative component to them.

(1)                The performance standards shall be measurable.

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

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

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

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

(6)                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.

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

Performance Standards for Teachers

(1)                School committees shall establish performance standards for teachers upon the recommendation of the superintendent and in accordance with the process described in M.G.L. c.71, §38, including conducting a public hearing and engaging in collective bargaining and, if necessary, in binding interest arbitration. All performance standards established for teachers shall be consistent with and meet the Principles of Effective Teaching adopted by the Board of Education.

(2)                School committees are encouraged to establish programs and standards that provide for a rigorous and comprehensive evaluation process for teachers. The evaluation process may include consideration of the successful implementation of professional development plans, as provided in M.G.L. c.69, §1B and c.71, §38.

Implementation and Reporting

Prior to September 1,1996, each school committee shall file its evaluation procedures and performance standards for teachers and administrators with the Department of Education unless such school committee is then engaged in the interest arbitration process described in M.G.L. c.71, §38. The superintendent shall certify that the performance standards established pursuant to 603 CMR 35.04 meet the requirements of 603 CMR 35.0 and are consistent with all of the Principles of Effective Teaching and Principles of Effective Administrative Leadership adopted by the Board of Education.

Procedures for Evaluation

(1)           Responsibility for Evaluation

(a)    The school committee is responsible for ensuring that adequate resources are available to evaluate all 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 to improve their performance.

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

(c)     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.

(2)           Gathering Information

The evaluator shall use information from direct observation for the formative observation report. For the summative evaluation report, the evaluator shall use information from the formative observation report, from the pre-and post-observation conferences, and from other documented information that has been placed in the central office personnel file of the unit member.

(3)           Reporting Results

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

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

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

(d)     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.

II.           Evaluation Process

All unit members shall set goals at the start of the school year that align with their school improvement plan and are based on the following principles: All forms of evaluation should focus on improving practice, and, therefore, all forms have a formative component to them.

(1)   `The performance standards shall be measurable.

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

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

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

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

(6)     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.

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

Observation Gathering Information

The evaluator shall use information from direct observation for the formative observation report. For the summative evaluation report, the evaluator shall use information from the formative observation report, from the pre-and post-observation conferences, and from other documented information that has been placed in the central office personnel file of the unit member.

Reporting Results

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

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

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

(d)     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.

Timelines and Parameters

(a)   The goal-setting process shall be completed by October 15. A unit member and the evaluator shall set three (3) goals one of which will be a student achievement data-based goal (SMART: specific, measurable, attainable, realistic, and time-bound goal). The format for developing the data-based goal and process for carrying out and documenting the goal are defined in the form "TEACHER GOAL FOR IMPROVING STUDENT ACHIEVEMENT"

Teacher Goal for Improving Student Achievement

Teacher

Status

Grade/School

Evaluator

School

School Year

Target Population

The target population is the group of students for whom the goal is developed. The target population may include the total number of students taught or be limited to those students defined by the teacher.

Content Area

The content area is the general subject area such as Reading, Algebra, Physical Education, etc. The content area can be narrowed to address specific topics such as reading comprehension, literacy skills or solving equations.

Baseline Data

The baseline data is a report of student performance at the beginning of the school year. Using assessment data, either standardized, district practice, or teacher designed, the teacher analyzes and reports the status of the students at the beginning of the school year. (See suggestions for gathering baseline data.)

Goal Statement

The goal statement is a statement made by the teacher that identifies a specific, measurable, attainable, realistic and time-bound goal for student achievement.

The goal statement is directly linked to baseline data and is stated in terms of the baseline data.

(See exemplars.)

Strategies for Achieving the Goal and Post Assessment

Strategies for improvement of student learning are specific actions taken by the teacher to achieve the goal and include a post assessment tool.

(b)     The first observation for beginning teachers shall be completed by December 1st.

(c)     Each unit member shall receive his/her written summative evaluation no later than May 15 of each school year.

(d)     The evaluation of nonprofessional status unit members shall be based upon three (3) observations.

(e)     The evaluation of professional status unit members shall be based upon a minimum of one (1) observation and a maximum of three (3) observations. The observations are formative in nature, and the final number does not indicate any particular performance concerns by the evaluator.

(f)      Prior to any observation there shall be a pre-conference setting the agenda and time of the observation and what the evaluator wishes to observe.

(g)     A post observation conference shall be held within three (3) workdays of the observation. If the evaluator notes a concern with the performance of a unit member, the evaluator shall inform the unit member in writing at the post-observation conference and shall provide written suggestions and/or recommendations for improvement, no later than five (5) working days after the post-observation conference.

(h)     Observations shall generally be spread over the course of the academic year and shall be connected to the Principles of Effective Teaching. No two (2) observations shall occur within the same fifteen (15) consecutive work days unless the evaluator has informed the unit member that more frequent observations are necessary for evaluative reasons, such as the observation of individualization of instruction, or unless the unit member requests more frequent observations. Observations shall last from fifteen (15) to forty-five (45) minutes,

(i)       All evaluations shall be done using the Formative Observation Form and the Summative Evaluation Form. The Formative Observation Form, the Summative Evaluation Form, as well as any document required by the evaluation procedure, such as those required by (g) above, shall be included in the unit member's personnel file. Nothing of a negative nature shall appear in the summative evaluation report unless documented in the unit member's central office personnel file.

(j)      A unit member may request to be evaluated by another evaluator or an additional evaluator if s/he feels that the assigned evaluator is biased or otherwise inappropriate to the task.

(k)     The Principal or his/her designee shall observe and evaluate unit members in his/her school. A designee for observation and evaluation of unit members may be a department head, another principal, or a central office administrator. (I) In the event of extenuating circumstances, the Superintendent has the discretion to modify or suspend a unit member's evaluation process for one year.

Implementation of the Data-driven Goal

There will be four (4) coaches, one (1) from each of the elementary schools, one (1) from the middle school and one (1) from the high school. Coaches will be selected from among the members of the bargaining unit; Department Chairs will not serve as coaches.

The goal-setting coaches shall be selected from a list of Association nominees.

In the event that there are no coach applicants for one (1) or more of the four (4) positions, the coaches for those positions will be selected from the available pool of remaining applicants.

In order to become a coach a unit member must have a minimum of ten (10) hours of training. This training may be the result of participation in a multi day workshop, the Pilot Study Group or subsequent district study groups. For the school years 2010-2011 and beyond the coach component shall become part of the mentor training and responsibility.

Each coach shall receive fifteen hundred dollars ($1500). Each coach shall be responsible for leading five (5) two-hour study groups and in addition each coach shall schedule one (1) hour prior to each deadline to meet with the participants.

Study Group I              -       (by September                      Goal Discussion: Methods of

30)                                                                                          Implementation

Study Group II            -       (by October 7)                      Completion of the Goal Form

Study Group III           -       (by November                      Data Collection and Analysis: Part

30)                                                                                          One

Study Group IV           -       (by February                         Data Collection and Analysis: Part

15)                                                                                          Two

Study Group V             -       (By April 15)                         Presentation and Assessment

Unit members may attend all five (5) study groups and receive PDP's or attend as available without PDP's.

All professional status unit members and third year nonprofessional status unit members shall be required to construct one (1) of their three (3) goals as a student achievement goal.

Conflict Resolution of Student Achievement Goals

Stage 1                  The unit member and the goal-setting coach revisit the goal and meet to discuss, revise/modify the goal with the evaluator.

Stage 2                   The unit member, the goal-setting coach and the evaluator meet with the administrative representative and another unit representative from the Pilot Program. An attempt will be made to have an administrative representative and a unit representative who are not from the unit member's building.

Stage 3                   Failure to resolve the matter of the goal at the Stage 2 Level will result in the parties' meeting with the Superintendent who will listen to all sides and resolve the difference(s) of opinions.

Department Chair Evaluation

(a)     The teaching role of the Department Chairperson shall be evaluated as any other professional status teacher.

(b)     The administrative responsibilities of the Department Chairperson shall be evaluated annually.

Beginning Teachers

A beginning teacher is anyone who has been a teacher for less than three (3) years. The focus of supervision and evaluation at this level is to foster the teacher's sense of professional community and help develop and improve instructional strategies. If the summative evaluation is "Meets Standards," then at least one (1) of the goals for the subsequent school year shall address the concem(s) of the previous year's summative evaluation.

·         An induction program that includes mentoring during the first two (2) years

·         Development, implementation, and evaluation of a multiple-year professional development plan that includes setting goals

·         A peer coaching program advisable during the first two (2) years

·         Self-reflection using the Principles of Effective Teaching

·         Three (3) formal evaluator observations (formative observations) per year, with written feedback

·         One formal summative evaluation per year ("Exceeds Standards," "Meets

·         Standards," "Does Not Meet Standards". "Exceeds Standards" indicates that one (1) or more standards are met in an exemplary manner; "Meets

·         Standards" indicates the standards are reasonably and sufficiently met;

·         "Does Not Meet Standards" indicates the unit member is significantly deficient in one (1) or more standards.

Teachers New to the District

These unit members are new to the district but have had three (3) or more previous years of teaching. At the conclusion of the first year in the district, the supervisor and the unit member can determine which path is more suitable for the subsequent year(s). The paths include participating in the same evaluation for Teachers New to the District or participating in the evaluation process for Experienced Teachers. If the summative evaluation is "Meets Standards" at least one (1) of the goals for the subsequent school year shall address the concem(s) of the previous year's summative evaluation.

·         An induction and peer-coaching program of at least one (1) year

·         Development, implementation and evaluation of a multiple-year professional development plan that includes setting goals

·         Self-reflection using the Principles of Effective Teaching

·         Three (3) formal evaluator observations (formative observations) per year, with written feedback

·         One formal summative evaluation per year ("Exceeds Standards," "Meets

·         Standards," "Does Not Meet Standards")    "Exceeds Standards" indicates that one (1) or more standards are met in an exemplary manner; "Meets Standards" indicates the standards are reasonably and sufficiently met; "Does Not Meet Standards" indicates the unit member is significantly deficient in one (1) or more standards.

Experienced Teachers

An experienced unit member is one who has been employed in the district for three (3) or more years and whose performance has consistently met district expectations. Experienced unit members will return to the formal observation option every second year.

               Development, implementation, and evaluation of a multiple-year professional development plan that includes setting goals

               One (1) formal summative evaluation per year (("Exceeds Standards," "Meets Standards," "Does Not Meet Standards") "Exceeds Standards" indicates that one (1) or more standards are met in an exemplary manner; "Meets Standards" indicates the standards are reasonably and sufficiently met; "Does Not Meet Standards" indicates the unit member is significantly deficient in one (1) or more standards.

               A professional status member with a summative evaluation of "Exceeds Standards" or "Meets Standards" will move to an "off year" cycle.

               A professional status unit member with a summative evaluation of "Does Not Meet Standards" shall continue to remain on the formal evaluation cycle.

A professional status unit member who has been identified as "Exceeds Standards" may be designated by his/her Principal to engage in self-assessment or peer evaluation in place of the next formal evaluation required by the evaluation cycle. No other unit member shall be required to participate in peer evaluation in order to fulfill this provision. In addition, no other unit member who agrees to participate in another member's peer evaluation shall himself/herself be in a formal evaluation year.

Evaluation of Itinerants

The unit member who is assigned to more than one school shall be observed and evaluated by the evaluator in the primary school to which s/he is assigned. The primary school is the building in which the unit member spends the most time. In the event that a unit member teaches in more than one department, however, the evaluators will have alternate responsibility for the formal evaluation year. In either case the other evaluator may observe the evaluee regarding a specific concern in his/her area of instruction during the subsequent formal evaluation year.

Placement of Teachers for Evaluation

The superintendent will require principals in each building to create a balanced two-year "formal year / off year" teacher list for all teachers listed under professional status.

Mentorship Priority and Eligibility

Experienced unit members with a summative evaluation of " Exceeds Standards" shall be prioritized as mentors over experienced unit members with a summative evaluation of "Meets Standards." Experienced unit members with a summative evaluation indicating a performance of "Does Not Meet Standards" shall not be eligible to participate in the mentoring program as mentors.

Student Performance and Gathering Data Evaluation Subcommittee

The evaluation process may include consideration of the extent to which students assigned to teachers and administrators satisfy student academic standards or individual education plans and the successful implementation of professional development plans, as provided in M.G.L. c.69 and c. 71, § 38.

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

TEACHER GOAL FOR IMPROVING STUDENT ACHIEVEMENT

(Due on or before October 15)

Teacher                                                                                   Status

__________________________                                     __________________________

Grade/School                                                                         Evaluator

__________________________                                     __________________________

School                                                                                      School Year

Target Population:

Content Area: Baseline Data:

Goal Statement:

Strategies for Achieving the Goal and Post Assessment:

__________________________                                          __________________________

Evaluator's Signature/Date                                                       Teacher's Signature/Date

Summary of Data/Process and Results (Due on or before April 15) Evaluator's Comments

__________________________                                   __________________________

Evaluator's Signature/Date                                                Teacher's Signature/Date

The unit member's signature on this form indicates only that s/he has seen the document and not that s/he is in agreement with the contents herein.

FORMATIVE OBSERVATION REPORT

NAME __________________________ EVALUATOR __________________________

GRADE/SUBJECT __________________________ DATE __________________________

Description of the unit member's performance based on the criteria in Principles of Effective Teaching.

Evaluator's

Signature __________________________ Date __________________________

Unit Member's

Signature __________________________ Date __________________________

Unit Member's Comments:

The unit member's signature on this form indicates only that s/he has seen the document and not that s/he is in agreement with the contents herein.

SUMMATIVE EVALUATION REPORT

NAME __________________________ EVALUATOR __________________________

GRADE/SUBJECT __________________________ DATE __________________________

Summative evaluation of the unit member's performance based on the formative observations.

Exceeds Standards __________________________

Meets Standards __________________________

Does Not Meet Standards __________________________

Evaluator's

Signature __________________________ Date __________________________

Unit Member's

Signature __________________________ Date __________________________

Unit Member's Comments:

The unit member's signature on this form indicates only that s/he has seen the document and not that s/he is in agreement with the contents herein.

DEPARTMENT CHAIR EVALUATION REPORT

ADMINISTRATIVE RESPONSIBILITIES

NAME __________________________ EVALUATOR __________________________

GRADE/SUBJECT __________________________ DATE __________________________

Description of the Department Chair's performance based on the criteria in Principles of Effective Leadership and Administration.

Exceeds Standards__________________________

Meets Standards __________________________

Does not Meet Standards __________________________

Evaluator's

Signature __________________________ Date __________________________

Department Chair's

Signature __________________________ Date __________________________

Department Chair's Comments:

The Department Chair's signature on this form indicates only that s/he has seen the document and not that s/he is in agreement with the contents herein.

Portions of this Evaluation Document are taken from:

Selected Massachusetts General Laws for School Committees and School Personnel, Updated through January 2001

Teaching Matters: Strengthening Teacher Evaluation in Massachusetts,

MassPartners for Public Schools, February 2002

A Collaborative Venture of the:

Massachusetts Association of School Committees

Massachusetts Association of School Superintendents

Massachusetts Elementary School Principals' Association

Massachusetts Federation of Teachers

Massachusetts Parent Teacher Association

Massachusetts Secondary School Administrators' Association

Massachusetts Teachers Association

PRINCIPLES OF EFFECTIVE TEACHING AND EXAMPLES

OF DESCRIPTORS

I.             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.

II.            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.

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

10.          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.

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 increasing responsibility for their own learning.

3.                   Demonstrates an 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 a 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.

IV.          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.

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 on goals and objectives.

3.                   Communicates standards, expectations and guidelines regarding quality and quantity of students' work, work procedures and the 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.

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 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, multi-cultural and economically diverse society.

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, 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 work load.

C.            The teacher is a reflective and continuous learner.

1.                    Reflects about and acts upon 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.

PRINCIPLES OF EFFECTIVE SCHOOL NURSING

AND EXAMPLES OF DESCRIPTORS

A.            Nursing Services

1.                   Provides first aid to injured children and staff; assesses and makes recommendations regarding care of acutely/or chronically ill children; manages children with communicable disease.

2.                   Provides nursing care to students and staff based on the nursing process.

3.                   Manages medication administration in compliance with state regulations and school policies and procedures.

4.                   Identifies the need for and develops comprehensive nursing care plan for students as needed.

5.                   Collects information about the health and developmental status of students in a systematic and continuous manner.

6.                   Responds to frequently encountered health issues, providing counseling and crisis intervention when required.

7.                   Documents pertinent information in student records and/or confidential nursing notes.

8.                   Communicates with parents, school staff, and nursing colleagues as needed.

B.            Professional Practice

1.                   Demonstrates current knowledge in school nursing.

2.                   Engages in continuing education.

3.                   Maintains current nursing licensure and DESE licensure in Massachusetts.

C.            Program Management

1.                   Maintains a comprehensive school health record for each student.

2.                   Collects and interprets school-wide data to evaluate school health needs when requested.

3.                   Promotes positive school safety inside and outside the school building.

4.                   Prepares written reports for MDPH.

5.            Prepares reports for school administration when requested.

6             Carries out communicable disease prevention and infection control measures.

D.            Collaboration/Community Health Planning

1.                   Collaborates with administrators and other school personnel to promote a positive social/emotional climate in the school environment.

2.                   Participates as a team member on the Teachers' Assistance Team, Crisis Team, Community Collaborative Initiative, 504 or IEP meetings, when applicable.

3.                   Consults with the school physician, school administrators and others to establish, review and revise school health policies, procedures and specific programs for comprehensive school health education and services.

4.                   Acts as a resource to school personnel, students and families.

PRINCIPLES OF EFFECTIVE ADMINISTRATIVE LEADERSHIP

AND EXAMPLES OF DESCRIPTORS

I.             EFFECTIVE INSTRUCTIONAL LEADERSHIP

The effective administrator works with others to create learning environments that address the needs of students.

A.            The administrator facilitates the development of a shared mission and vision.

1.         Demonstrates an understanding of the importance of mission and vision based on a well-developed philosophy and develops a collaborative vision that provides direction for the school or district.

2.         Recognizes that student learning must be the focus of all school programs and activities.

B.        The administrator encourages and uses a variety of strategies to assess student performance accurately.

1.              Encourages teachers to view authentic learning and authentic assessment as linked.

2.              Uses a variety of valid, reliable, and unbiased instruments to assess the achievement of learner goals.

3.              Uses a cyclical, ongoing process to review and evaluate the goals, methods, and resources of programs and makes modifications as needed.

C.         The administrator applies current principles, practices and research to foster effective teaching.

1.              Demonstrates knowledge of the instructional process and teaching methodologies.

2.              Assists teachers to develop inquiry-based teaching practices.

3.              Assists and inspires teachers to make significant changes in practice as changes are dictated in the field.

D.         The administrator leads the renewal of curriculum and instructional programs.

1.              Assures that the school's/district's curriculum and its implementation reflect the principles of the state's Common Core of Learning and Curriculum Frameworks.

2.              Encourages and assists staff to be knowledgeable in subject areas and also to identify connections between disciplines.

3.              Assists staff to distinguish between what is central and what is peripheral in the subject area when analyzing, planning, and supervising units, courses, and programs so that instruction time on central concepts, skills, and understanding are protected.

4.              Uses a broad and current knowledge of instructional trends to involve staff in curriculum planning and program improvement, based on the vision, goals, and needs of school, district, and community

E.         The administrator promotes and models the effective use of appropriate instructional technologies.

1.              Integrates the appropriate use of video, computers, telecommunications, and other technologies into the curriculum.

2.              Allocates fiscal and human resources for incorporating technology in the instructional process, accessing information and resources through electronic networks, e.g., Internet, and improving communication (e.g., e-mail, homework hotlines).

F.          The administrator holds teachers accountable for having high standards and positive expectations that all students can perform at high levels.

1.              Enlists teachers in creating and communicating to students positive dispositions toward learning.

2.              Works with teachers to establish high standards and expectations for student work.

3.              Assists teachers to make their expectations and how to meet them very clear to students.

4.         Promotes activities that honor academic excellence.

G.        The administrator works with teachers and other staff to supervise and evaluate their performance, using performance standards, and to identify areas for growth.

1.              Understands and communicates performance standards for teachers, using the state's baseline standards as a foundation.

2.              Communicates consistent expectations so that all teachers can meet standards and perform at high levels.

3.              Employs current supervision and evaluation models and practices to assess the performance of teachers and encourage growth.

4.              Encourages staff to improve practice through collegial activities such as modeling and peer mentoring.

5.              Evaluates classroom instruction in terms of teacher objectives and student performance; follows effective practices for improving teacher performance.

6.              Supports individuality of teacher approaches to classroom organization, management, and teaching styles.

7.              Monitors the assessment of performance to ensure that staff reach the levels set by the system.

H.        The administrator supports ongoing professional development.

1.              Provides opportunities for all staff to engage in professional development that enhances curriculum renewal, staff performance, and student learning.

2.              Applies research on adult learning and development to design and provide for effective professional development.

3.              Fosters effective professional development based on research and models of desired practice including time for reflection, planning, problem solving and collaboration; repeated practice and feedback; and respect for individual adaptations.

4.              Encourages collegial approaches to professional development including mentoring, peer coaching, study groups, and group planning and problem solving.

5.              Involves staff in identifying professional development needs

6.              Monitors, documents, and assesses staff professional development activities.

7.              Supports staff sense of self-worth; recognizes and encourages teacher initiatives; celebrates individual and collective achievements.

8.              Ensures that growth of staff results in student learning and development.

II.            EFFECTIVE ORGANIZATIONAL LEADERSHIP

The effective administrator creates a self-renewing organizational environment that consistently focuses on enabling all students to achieve at high levels.

A.         The administrator applies research and organizational leadership skills.

1.              Applies concepts of organizational behavior and organizational development in daily work.

2.              Analyzes the environment in which decisions are made and predicts the impact of those decisions on organizations accurately.

3.              Stimulates the development of new programs in areas where changing conditions or new professional insights encourage new approaches.

4.              Identifies opportunities to improve the organization's performance.

B.         The administrator demonstrates communication skills that are clear, direct and responsive.

1.               Communicates the school's vision goals, needs and accomplishments to students, school personnel, families, and the community.

2.               Facilitates communication that yields results through teamwork, consensus, and inquiry.

3.               Makes use of reliable and professional sources of data, information, and analysis, including the use of technologies, to understand relevant professional issues.

4.               Demonstrates understanding of a speaker's point of view, opinions, and ideas even if they are different, new, or oppositional.

5.               Presents ideas clearly and concisely in writing. Adapts form and language to the audience (e.g., students, teachers, parents).

6.               Presents facts and ideas orally in individual and group situations; uses language that is clear, concise, and appropriate to the person or group.

7.               Presents facts and ideas clearly and concisely using visual and symbolic representations.

8.               Presents facts and ideas clearly and concisely using appropriate technologies.

9.               Communicates so that language and nonverbal cues are consistent, not conflicting.

C.         The administrator creates a positive informed climate for collegial teaching and learning.

1.         Understands the elements of a strong school culture for adults and is committed and prepared to strengthen them.

2.              Applies theories of human development, adult learning, and motivation to develop a community of learners.

3.              Provides an environment and culture where creativity, exchange of ideas, responsible risk-taking, and experimentation are shared, valued, and practiced.

4.              Builds a culture within the student body and staff that promotes learning.

5.              Creates a school climate that gives a sense of well-being and safety.

6.              Inspires in others a desire for growth and development.

D.         The administrator facilitates constructive change.

1.              Uses approaches to organizational change, including processes for school-based management and school restructuring.

2.              Exhibits openness to new ideas from others; demonstrates originality in developing policies and procedures.

3.              Is receptive to new ideas and change, yet understands the need for stability in schools and society.

E.         The administrator plans for, models, and encourages collaboration and shared decision-making.

1.              Develops, participates in, and maintains systems of shared decision making with department and/or school colleagues and the larger school community.

2.              Involves others in setting and accomplishing goals; recognizes when a group requires direction and uses appropriate intervention styles.

3.              Provides appropriate times and resources for collaborative planning.

F.         The administrator applies strategic planning techniques that foster systemic approaches and result in sound decisions.

1.              Applies knowledge of human development, organizational development, and pedagogy to decision-making in the allocation of resources such as personnel, time, space, materials, and budget.

2.              Develops and implements long-and short-term plans for educational program improvement, professional development, resource allocation, enrollments, and facilities consistent with the school and district mission.

3.              Assesses current reality, considers implications of solutions, and acts in the best interest of students.

4.              Makes use of reliable sources of data, information, and analysis to expand and deepen perspective on goals, objectives, and planning needs.

III.          EFFECTIVE ADMINISTRATION AND MANAGEMENT

The effective administrator acts within legal and ethical guidelines to accomplish educational purposes and improve student learning.

A.         The administrator carries out personnel selection, supervision, evaluation, and management functions for the school or district effectively.

1.              Applies current principles and techniques for staffing, selection, orientation/induction, assignment, supervision, evaluation, motivation, and termination of personnel.

2.              Applies sound human resources knowledge and practices in personnel management and labor relations including conflict resolution, mediation and negotiation.

3.              Develops and implements procedures for evaluating personnel using Massachusetts' baseline performance standards, effective supervision and evaluation practices, and due process procedures.

B.         The administrator applies current knowledge of policy formation and legal requirements within the scope of his/her responsibility.

1.              Applies knowledge of how teachers, the school, the district, and the community interact to create a school community.

2.              Applies knowledge of how policy and decisions are made through the legislative process, the local electoral process, and administratively.

3.              Understands and implements federal, state, and municipal laws, regulations, policies, and procedures including the implications of liability and requirements of due process.

C.         The administrator applies current knowledge of fiscal management policy and practices within the scope of his/her responsibility.

1.              Applies principles of financial planning, including analyzing and evaluating the financial resources for school or system operation and translating program needs into cost requirements.

2.              Employs sound fiscal management procedures, methods, and techniques to prepare, revise and monitor the school or district budget.

3.              Applies techniques for resource allocation and asset management.

D.         The administrator applies current knowledge of auxiliary programs (such as transportation, food services, pupil personnel services, maintenance, and facilities management) within the scope of his/her responsibility.

1.              Knows the availability of community services and how to coordinate those services for students.

2.              Makes decisions concerning facilities and equipment management and needs to support school/district goals and objectives.

3.              Applies regulations regarding school facilities to ensure a barrier-free environment for students and staff.

E.          The administrator uses appropriate technologies to administer his/her responsibilities.

Applies technology management tools (e.g., databases, spreadsheets) to analyze information (e.g., school finance, student and staff record keeping, on-line school profiles) and make decisions.

IV.      PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY The effective administrator strives to ensure equity for all students and values diversity in the school environment.

A.         The administrator strives to ensure equity among programs and learning opportunities for staff, students, and parents.

1.             Provides opportunities to include all staff, students, and parents in the full range of school and district programs and activities.

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

B.         The administrator 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, political, and organizational strategies that are effective in meeting the needs of a diverse student body.

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

V.        EFFECTIVE RELATIONSHIPS WITH THE COMMUNITY

The effective administrator interacts with the community responsibly to address the needs of students.

A.         The administrator assesses the needs of parents and community members and involves them in decision-making.

1.              Creates an environment for encouraging recommendations from parents, students, and community members to determine how the school district can meet their needs.

2.              Involves parents and community members in developing the vision, goals, improvement plans, and programs for the school/district.

3.              Engages parents, students, and community members in improving student learning.

B.         The administrator promotes partnerships among staff, parents, business, and the community.

1.              Communicates and interacts with parents, community groups and related service agencies in culturally appropriate ways and involves them in the education of students.

2.              Enlists volunteers to support instructional needs.

C.         The administrator interprets, articulates, and promotes the vision, mission, programs, activities, and services of the school district.

1.               Communicates the school's vision, goals, needs and accomplishments to students, school personnel, parents and the community.

2.               Deals with the media effectively to communicate to the public.

3.               Provides information to parents and the community through handbooks, brochures, fact sheets and other handouts available at the school or office.

4.               Meets with appropriate community groups in the attainment of objectives.

VI.          FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

The effective administrator models professional behaviors that contribute to addressing the needs of students.

A.      The administrator demonstrates enthusiasm for his/her own learning.

1.              Demonstrates that life-long learning and professional development are necessary for self and others.

2.              Keeps abreast of current educational research and exemplary practices in area of expertise.

3.              Considers input from others as a basis for deciding to improve his/her practice and demonstrates a willingness to grow.

4.              Develops and implements a professional development plan based upon self-and external evaluation.

B.       The administrator demonstrates and promotes an atmosphere of respect for self and others.

1.              Demonstrates tolerance for alternative perspectives and encourages contributions from groups that challenge traditional thinking.

2.              Demonstrates sensitivity to differences in learning needs, modes of expression, and social and cultural backgrounds.

A.              The administrator models ethical behavior.

1.              Interacts with others in a professional manner consistent with his/her role.

2.              Accepts responsibility for his/her own actions.

Article XX Insurance

Medical Insurance

The provider of the insurance shall be negotiated annually. Requests for proposals shall be requested in sufficient time, no later than March 1, to make a reasoned decision as to the best provider for the MERSD and in time for a change, if negotiated, to take place for the first day of the subsequent insurance year.

MERSD shall pay eighty-five per cent (85%) of the cost of the HMO cost of the active employee and retiree health insurance premium for the school years 2008-2009 and 2009 - 2010. Effective 2010-2011 MERSD shall pay eighty per cent (80%) of the cost of the HMO cost of the active employee and retiree health insurance premium. Employees and retirees choosing any plan other than the HMO will receive the same dollar amount as the District pays toward the HMO plan.

Beginning July 1, 2005 the prescription drug benefit shall be provided at the $10/$15/$30 split, if available from the provider chosen annually. Office visits shall be $10 and the emergency room $50, if available from the provider chosen annually.

Student insurance coverage shall be provided until the student reaches the age of twenty-five (25) years, if available from the provider chosen annually.

Spouses or dependents of employees shall be allowed to continue coverage at the COBRA benefit level.

A plan of equal benefit and mutually agreed upon by META and the MERSDSC shall be made available to retirees who live outside of or who move out of Massachusetts.

All medical insurance premiums except for retiree/retiree's spouse or dependent insurance premiums shall be paid on a pre-tax basis.

In the event that the Committee adopts M.G.L. Chapter 32B section 10 and section 18, the parties shall reopen negotiations solely for the purpose of resolving the issue of comparable actuarial value in the matter of individuals transferred to Medicare.

The open enrollment period shall be May 1 - May 31.

Dental Insurance

The MERSD shall make current dental insurance available to all employees on a pre-tax basis with the unit member paying the total cost of the premium:

GE Group Dental Insurance

Delta Dental Benefit

Dental Providers Inc./DMS

In addition, the parties shall investigate other dental plans with the purpose of recommending additional providers to this list.

Any retiree shall be able to access these plans by paying the full premiums if so permitted by the MTRS.

Life Insurance

Life insurance in the amount of five thousand dollars ($5,000) shall be offered to each unit member. MERSD and the unit member shall each pay fifty per cent (50%) of the premium. Retired employees may continue insurance in the amount of two thousand dollars ($2,000) up to age sixty-five (65) by paying the total cost of the premium.

Pre-Tax Spending Accounts

Employees shall be offered the services of Cafeteria Plan Associates or another vehicle mutually agreed upon by META and the MERSDSC to establish pre-tax spending accounts for medical, dental, dependent care, and other qualified expenses.

Worker's Compensation

The Committee agrees to provide coverage for unit members under the terms of the Massachusetts Worker's Compensation Act. Whenever a unit member is absent from school as a result of personal injury caused by an accident or an assault in the course of his/her employment, the unit member shall be paid full salary less the amount of any Worker's Compensation award made for temporary disability due to said injury for the period of such absence. Such absence shall be deducted from accumulated sick leave. The general laws of the Commonwealth of Massachusetts shall prevail in this case.

Article XXI Compensation and Other Economic Conditions

Additional Teaching Assignments

A unit member who teaches five (5) classes and who agrees to teach an additional class in lieu of his/her preparation period shall be compensated at the rate of twenty percent (20%) of his/her salary for the additional class. The unit member shall not be exempt from duties.

Per Diem Rate

The per diem ratio shall be calculated on the basis of 1/184 of a unit member's yearly salary.

Hourly Rate

A unit member shall be compensated at the rate of thirty dollars ($30) per hour for any time in excess of the regularly scheduled work day or work year.

Mileage Reimbursement

Mileage on school business and between/among schools shall be paid at the Internal Revenue Service rate.

Salary Information

An Employee Status Report shall be provided to each unit member not later than October 1st. The report shall include initial date of hire, annual and biweekly salary, salary step and track, longevity, stipends, itemized deductions, direct deposit option, cumulative sick leave and payroll calendar.

A unit member shall receive his/her annual salary in twenty-six (26) paychecks. All paychecks shall be disbursed no later than the last student day of the work year.

Substitute Teachers

Every effort shall be made to obtain qualified substitutes.

Department Chairs/Director of Guidance

A stipend will be paid for Department Chairs with three (3) or more FTE (Full Time Equivalent) unit members. For determination purposes, FTE calculations include the Department Chair's position.   The base stipend shall be three thousand dollars ($3000). In addition, each Department Chair shall receive two hundred fifty dollars ($250) for each unit member supervised. In the event a unit member is shared with two departments, the two hundred fifty dollars ($250) shall be evenly divided between the two (2) Department Chairs.

The Director of Guidance shall receive a base stipend of three thousand dollars ($3000). In the event the Director of Guidance oversees more than the high school guidance personnel, the FTE provision of the first paragraph of this section shall apply.

Part-Time Unit Members

Part-time unit members not formerly full-time unit members shall be credited with full-time credit for purposes of salary schedule movement, longevity and personal leave. Part-time unit members who were formerly full-time unit members shall continue to be credited as a full-time unit member for all contractual benefits except as otherwise provided in this Agreement.

Longevity

At the beginning of the fifteenth (15th) year of service through to the end of the nineteenth (19th) year of service a unit member with service in Essex, Manchester and/or Manchester Essex Regional School District shall receive longevity pay in the amount of two hundred fifty dollars ($250) in 2008-2009, three hundred dollars ($300) in 2009-2010 and beginning in 2010-2011 three hundred fifty dollars ($350).

At the beginning of the twentieth (20th) year of service through to the end of the twenty-fourth (24th) year of service a unit member with service in Essex, Manchester and/or Manchester Essex Regional School District shall receive longevity pay in the amount of four hundred dollars ($400) in 2008-2009, four hundred fifty dollars ($450) in 2009-2010 and beginning in 2010 - 2011 five hundred dollars ($500).

At the beginning of the twenty-fifth year (25th) year of service through to the end of the twenty-ninth (29th) year of service a unit member with service in Essex, Manchester and/or Manchester Essex Regional School District shall receive longevity pay in the amount of five hundred fifty dollars ($550) in 2008-2009, six hundred dollars ($600 in 2009-2010 and beginning in 2010-2011 six hundred fifty dollars ($650).

At the beginning of the thirtieth (30th) year of service and beyond a unit member with service in Essex, Manchester and/or Manchester Essex Regional School District shall receive longevity pay in the amount of seven hundred dollars ($700) in 2008-2009, seven hundred fifty dollars ($750) in 2009-2010 and beginning in 2010 - 2011 eight hundred dollars ($800).

Service for the purpose of longevity shall mean consecutive years of service in Manchester, Essex, Manchester-Essex or in the aggregate.

Retirement Bonus Plan

A unit member who is retiring from the Manchester Essex Regional School District shall be eligible for this benefit subject to the following conditions:

A unit member must have completed fifteen (15) years of service in Manchester, Essex, the Manchester Essex Regional School District and/or the Cape Ann Collaborative prior to the effective date of the retirement.

Written notice of retirement must be given to the Superintendent by the December 1 preceding the school year in which the increase in compensation is to be effective.

A unit member shall be paid at 1.25 of his/her salary position on the Basic Salary Schedule in his/her last year of service.

Once notice of retirement is accepted by the School Committee, the retirement is final and irrevocable.

Sick Leave Buyback

A unit member who retires or dies while in service to the MERSD shall be paid thirty-five dollars ($35.00) for each day of accumulated sick leave.

A unit member who is retiring must provide written notice of his/her intention to retire by December 1 of the school year preceding the school year in which the increase in compensation is to be effective.

Payments made by the District to any unit member(s) receiving this benefit are limited in any fiscal year to twenty thousand dollars ($20,000).   In any year that benefits exceed this twenty thousand dollar ($20,000) limit, eligible recipients shall receive a portion of available funds until that time when their benefits have been paid in full. Recipients whose funds have been held over from a previous year, however, shall be paid first.

Upon retirement a unit member shall receive a statement of how many sick leave days s/he has accumulated and a schedule of payment dates.

Nurses' Salary Placement on the Unit Members' Salary Schedule

Effective 2008-2009 the nurses will be placed on the unit member salary schedule. In order to place each nurse at his/her appropriate step, each nurse will be placed on the appropriate scale at the step next highest to his/her current salary amount prior to the 2008-2009 salary increase being applied thereto. Effective 2009-2010 each nurse will advance by two (2) salary steps each year until s/he reaches the maximum step or the step reflecting his/her actual experience, whichever comes first.

Salary Schedule Placement and Advancement

Earned Doctorate

A unit member holding an earned Doctorate shall receive an additional salary amount of fifteen hundred dollars ($1500) as part of his/her yearly compensation package as reported to the Massachusetts Teachers Retirement Board.

National Board Certification

A unit member holding a valid National Board Certificate shall receive an additional salary amount of three thousand dollars ($3000) as part of his/her yearly compensation package as reported to the Massachusetts Teachers Retirement Board.

Should the State re-institute a compensation program for National Board Certification, the unit member shall select either the compensation program under this section of the Agreement of that of the State of Massachusetts.

Conditions Governing Double Masters Salary Placement All unit members with a Double Masters degree prior to September 1, 2001, shall remain on the Doctorate column. Double Masters degrees earned subsequent to September 1, 2001, shall be placed on the MM/M+30/CAGS Column.

Salary Schedule Advancement

A newly hired unit member shall be placed on the salary column commensurate with his/her education and shall be given no less than full credit for years of public school teaching experience.

Graduate credit from an accredited institution shall be used as credit for horizontal movement on the salary schedule if approved in advance in writing by the Superintendent. The Superintendent shall confirm receipt of the request in writing within two (2) business days. A decision on approval shall be given within ten (10) school business days, after consultation with the unit member's Principal and Department Head (when appropriate), as to the course's potential for contribution to the unit member's professional growth and relative to his/her area(s) of instruction. Such approval shall not be unreasonably withheld.

Unit members must submit in writing their intention to advance on the salary schedule by December 1 of the school year preceding the school year in which advancement is expected to occur.

Advancement can take place on September 1 or February 1, whichever is closer to the completion of the coursework. When advancement takes place on February 1 it shall be computed using one half of the school year (currently ninety-two [92] days) at the old rate and one half (currently ninety-three [93] days) at the new rate.

In order for the unit member to advance horizontally, s/he shall submit to the Superintendent's office copies of transcripts or other satisfactory written evidence of course completion from the accredited institution not later than September 30 or February 28 of the school year in which the unit member intends the advancement to occur. If the documentation is not available from the institution prior to the respective date, and thus not the fault of the unit member, and the Superintendent's Office is so notified, payment shall be retroactive.

After completion of an approved course, the transcript or written documentation shall be submitted to and kept on file in the Superintendent's office.

New Hires

A newly hired unit member shall be presented with a copy of the collective bargaining agreement and provided the opportunity to meet with an Association representative.

Tuition Reimbursement

Each unit member on the B Column or on the B+45 Column working on a Masters Degree shall be entitled to an aggregate of six hundred dollars ($600) of tuition reimbursement per year. A year is defined as September 1 - August 31. If the unit member requests to take a course in any area for which s/he is certified, the Superintendent shall approve the payment. If the unit member determines to take a course that is to be used for recertification, the Superintendent shall approve payment for the course.

Inclusion of All Stipends and Other Monetary Compensation in the Collective Bargaining Agreement

All other stipends or monetary compensations on which the parties reach agreement are hereby incorporated into the Agreement at the time agreement is reached and shall be printed as part of the appendix in the subsequent agreement.

2008-2009 Salary Schedule

2.00%

 

 

 

 

MM

MM+15

M+60 CAGS+30

 

 

M

 

M+30

M+45

MM+30

STEP

B

B+45

M+15

CAGS

CAGS+15

PhD, Ed.D

1

38,339

43,227

45,615

48,003

49,209

50,126

2

39,773

45,222

47,704

50,185

51,392

52,331

3

41,207

47,219

49,793

52,365

53,572

54,537

4

42,641

49,215

51,883

54,548

55,753

56,744

5

44,073

51,211

53,969

56,728

57,934

58,950

6

45,507

53,207

56,059

58,910

60,116

61,154

7

46,580

55,202

58,147

61,091

62,298

63,360

8

48,375

57,200

60,237

63,273

64,478

65,567

9

50,287

59,196

62,325

65,453

66,659

67,772

10

52,200

61,192

64,413

67,634

68,841

69,978

11

54,110

63,188

66,503

69,509

71,022

72,184

12

56,024

65,183

68,591

71,997

73,203

74,390

13

57,934

67,180

70,679

74,177

75,384

76,597

14

59,847

69,176

72,768

76,360

77,567

78,801

15

 

 

 

78,543

79,807

81,007

2009-2010 Salary Schedule

2.00%

 

 

 

 

MM

MM+15

M+60 CAGS+30

 

 

M

 

M+30

M+45

MM+30

STEP

B

B+45

M+15

CAGS

 

PhD. Ed.D

1

39,106

44,091

46,528

48,963

50,193

51,128

2

40,568

46,126

48,658

51,189

52,420

53,378

3

42,031

48,163

50,789

53,412

54,644

55,628

4

43,494

50,199

52,921

55,639

56,868

57,878

5

44,955

52,235

55,049

57,863

59,093

60,129

6

46,417

54,271

57,180

60,088

61,318

62,377

7

47,512

56,306

59,310

62,313

63,543

64,628

8

49,342

58,344

61,442

64,538

65,768

66,878

9

51,293

60,380

63,572

66,762

67,992

69,127

10

53,244

62,416

65,701

68,987

70,218

71,378

11

55,192

64,452

67,833

70,899

72,442

73,628

12

57,144

66,487

69,963

73,437

74,667

75,877

13

59,093

68,524

72,092

75,661

76,892

78,129

14

61,044

70,560

74,223

77,887

79,118

80,377

15

 

 

 

80,114

81,403

82,628

2010-2011 Salary Schedule

2.5%

 

 

 

 

 

 

M+60

 

 

 

 

MM

MM+15

CAGS+30

 

 

M

 

M+30

M+45

MM+30

STEP

B

B+45

M+15

CAGS

CAGS+15

PhD, Ed.D

1

40,083

45,193

47,691

50,187

51,448

52,407

2

41,583

47,279

49,875

52,468

53,730

54,712

3

43,082

49,367

52,059

54,747

56,010

57,019

4

44,581

51,454

54,244

57,029

58,290

59,325

5

46,079

53,541

56,425

59,309

60,570

61,632

6

47,578

55,628

58,610

61,591

62,851

63,937

7

48,700

57,714

60,793

63,870

65,132

66,243

8

50,576

59,802

62,978

66,152

67,412

68,550

9

52,575

61,889

65,161

68,432

69,692

70,855

10

54,575

63,976

67,344

70,712

71,973

73,162

11

56,572

66,063

69,529

72,672

74,253

75,469

12

58,573

68,149

71,712

75,273

76,534

77,774

13

60,570

70,237

73,895

77,553

78,814

80,082

14

62,571

72,324

76,079

79,835

81,096

82,387

 

 

 

 

82,117

83,438

84,693

Compensation for Stipendiary Positions

 

2008-09

2009-10

2010-11

Stipends may be divided equally should more than one (1) individual perform the services of the position.

 

 

 

Professional Stipends

 

 

 

Professional Development Committee

 

 

 

Memorial 3 @

 

 

 

Essex 3 @

 

 

 

Manchester-Essex Middle/High School 3 @

 

 

 

Memorial 2 @

 

2,000

2,050

Essex 2@

 

2,000

2,050

Middle School

 

2,000

2,050

High School

 

2,000

2,050

Mentors (per each teacher mentored)

1,148

1,171

1,200

Study Group Leaders         (Pending grant funding)

1,030

1,051

1,077

SPED Coordinators (per unit member)

4,062

4,143

4,247

Curriculum Leaders (per unit member)

1,612

1,644

1,685

Art/Music

 

 

 

P.E./Health

 

 

 

Library

 

 

 

Technology

 

 

 

Team Leaders (per unit member)

940

959

983

K-1     X2

 

 

 

2-3     X2

 

 

 

4-5     X2

 

 

 

Specialists    X2

 

 

 

Special Education   X3

 

 

 

6,7,8   (1 per grade)

1,612

1,652

1,694

Department Chair/Guidance Director

3,547

3,618

3,708

Stipend plus $250 for each unit

 

 

 

Member supervised (see article XXII

 

 

 

Compensation)

 

 

 

Peer Leadership Coordinator(Pending grant funding)

3,296

3,362

3,446

Substitute Principal Essex

3,261

3,326

3,409

Substitute Principal Memorial

3,261

3,326

3,409

Cohort Coach

2,000

2,040

2,091

Extracurricular Stipends

 

 

 

Group I

10,742

10,957

11,231

Debate Director*

 

 

 

Group II

6,480

6,610

6,775

High School Drama

 

 

 

High School Band Director**

 

 

 

DECA

 

 

 

Group III

4,700

4,794

4,914

Group IV

2,955

3,014

3,089

SCORE Coordinator

 

 

 

Musical Performance - Memorial

 

 

 

First Assistant Debate Coach

 

 

 

Second Assistant Debate Coach

 

 

 

Community Service Director

 

 

 

Group V

2,417

2,465

2,527

High School Yearbook

 

 

 

Senior Class Advisor

 

 

 

High School Math Team

 

 

 

Science League

 

 

 

Middle School Drama

 

 

 

High School Student Council

 

 

 

Middle School Homework Club Advisor

 

 

 

Group VI

1,612

1,644

1,685

Middle School Math Team (X2)

 

 

 

Diversity Alliance

 

 

 

Elementary School Homework Club Advisor

 

 

 

** The Band Director's stipend includes home football games and a Memorial Day parade.

 

2008-09

2009-10

2010-11

Group VII

1,421

1,449

1,486

La Petite Chorale

 

 

 

Middle School Journalism

 

 

 

Essex Drama Club

 

 

 

Junior Class Advisor

 

 

 

Group VIII

940

959

983

Stage Band Director

 

 

 

MCAS Remediation

 

 

 

Middle School Robotics

 

 

 

National Art Honor Society

 

 

 

Middle School Washington DC Trip Advisor

 

 

Group IX

671

684

701

Sophomore Class Advisor

 

 

 

Freshman Class Advisor

 

 

 

National Honor Society

 

 

 

Junior Honor Art Society

 

 

 

Photography Club

 

 

 

Middle School Student Council

 

 

 

Essex Student Council

 

 

 

Math Enrichment

 

 

 

Group X

404

412

422

Celebrating Seniors and Special Friends Day (per unit member)

 

Fifth Grade Trip (per unit member)

 

 

 

Middle School Washing DC Trip Chaperone (per unit member)

 

Essex Band Director

 

 

 

Advisory Teachers (per unit member -5 max.)

 

 

*** The Band Director's stipend includes two (2) evening concerts and two (2) town-wide activities (Memorial Day and Fireman's Sunday).

Athletic Stipends - 2008-2009

Years 1, 2, and 3 refer to years of coaching experience in Manchester, Essex or the Manchester Essex Regional School District.

 

Year 1

Year 2

Year 3

Group I - Football

 

 

 

Head Coach

6,769

7,082

7,397

JV/Assistant Coach

3,567

3,818

4,069

Freshman Coach

2,952

3,139

3,328

Middle School Coach

2,952

3,139

3,328

Group II - Basketball, Ice Hockey, Wrestling

 

 

Head Coach

4,248

4,627

5,006

JV/Assistant Coach

2,763

3,058

3,353

Freshman Coach

2,060

2,282

2,504

Middle School Coach

2,060

2,282

2,504

Group III - Soccer, Field Hockey, Lacrosse, Baseball, Softball, Track

Head Coach

3,720

4,099

4,478

JV/Assistant Coach

2,410

2,707

3,000

Freshman Coach

1,797

2,018

2,240

Middle School Coach

1,797

2,018

2,240

Group IV - Golf, Sailing, Cross Country, Tennis, Swimming

 

Head Coach

2,338

2,782

3,222

JV/Assistant Coach

1,471

1,815

2,158

Freshman Coach

1,096

1,353

1,613

Middle School Coach

1,096

1,353

1,613

Group V - Cheerleading

 

 

 

Head Coach

 

 

1,827

(per season)

 

 

 

Basketball Scorekeepers

 

 

1,883

Ticket Takers

 

 

2,754

Intramural Hourly Rate

$24.36/hour

 

 

Athletic Stipends - 2009-2010

Years 1, 2, and 3 refer to years of coaching experience in Manchester, Essex or the Manchester Essex Regional School District.

 

 

Year 1

Year 2

Year 3

Group I - Football

 

 

 

 

Head Coach

 

6,904

7,224

7,545

JV/Assistant Coach

 

3,638

3,894

4,150

Freshman Coach

 

3,011

3,202

3,395

Middle School Coach

 

3,011

3,202

3,395

Group II - Basketball, Ice Hockey, Wrestling

 

 

Head Coach

 

4,333

4,720

5,106

JV/Assistant Coach

 

2,818

3,119

3,420

Freshman Coach

 

2,101

2,328

2,554

Middle School Coach

 

2,101

2,328

2,554

Group III - Soccer, Field Hockey, Baseball, Softball, Track

 

Head Coach

 

3,794

4,181

4,568

JV/Assistant Coach

 

2,458

2,761

3,060

Freshman Coach

 

1,833

2,058

2,285

Middle School Coach

 

1,833

2,058

2,285

Group IV - Golf, Sailing, Cross Country, Tennis, Swimming

 

Head Coach

 

2,385

2,838

3,286

JV/Assistant Coach

 

1,500

1,851

2,201

Freshman Coach

 

1,118

1,380

1,645

Middle School Coach

 

1,118

1,380

1,645

Group V - Cheerleading

 

 

 

Head Coach

 

 

 

1,864

(per season)

 

 

 

 

Basketball Scorekeepers

 

 

 

1,921

Ticket Takers

 

 

 

2,809

Intramural Hourly Rate

 

$24.85 /hour

 

 

Athletic Stipends - 2010-2011

Years 1, 2, and 3 refer to years of coaching experience in Manchester, Essex or the Manchester Essex Regional School District.

 

Year 1

Year 2

Year 3

Group I - Football

 

 

 

Head Coach

7,077

7,404

7,734

JV/Assistant Coach

3,729

3,992

4,254

Freshman Coach

3,086

3,282

3,479

Middle School Coach

3,086

3,282

3,479

Group II - Basketball, Ice Hockey, Wrestling

 

 

Head Coach

4,441

4,838

5,234

JV/Assistant Coach

2,888

3,197

3,506

Freshman Coach

2,154

2,386

2,618

Middle School Coach

2,154

2,386

2,618

Group III - Soccer, Field Hockey, Baseball, Softball, Track

 

Head Coach

3,889

4,286

4,682

JV/Assistant Coach

2,519

2,830

3,137

Freshman Coach

1,879

2,109

2,342

Middle School Coach

1,879

2,109

2,342

Group IV - Golf, Sailing, Cross Country, Tennis, Swimming

 

Head Coach

2,445

2,909

3,368

JV/Assistant Coach

1,538

1,897

2,256

Freshman Coach

1,146

1,415

1,686

Middle School Coach

1,146

1,415

1,686

Group V - Cheerleading

 

 

1,911

Head Coach

 

 

 

(per season)

 

 

 

Basketball Scorekeepers

 

 

1,969

Ticket Takers

 

 

2,879

Intramural Hourly Rate

$25.47 /hour

 

 

Manchester Essex Regional School District

Job Description

HIGH SCHOOL ATHLETIC DIRECTOR

POSITION OVERVIEW:

Under the direct supervision of the High School Principal and in accordance with School Committee policy, the Athletic Director shall lead and manage a comprehensive, six-year high school athletic program. The Athletic Director is responsible for the effective management of the athletic program in order to promote the development of each student who participates in the program. The Athletic Director will:

(a)   be responsible for the efficiency and quality of the athletic program 7-12. This includes leadership in developing a sound philosophy of athletic education and the policies to make them effective

(b)   administer all non-instructional athletic functions (financial management, business operations, purchasing, payroll, transportation, field maintenance and use, and personnel) related to the athletic program

(c)   provide for student safety in all athletic events

(d)   assume responsibility for the development, management, implementation, and presentation of the operating budget and fee-based programs in accordance with School Committee policy, and

(e)   assume responsibility for all matters relating to supervision and oversight of coaching staff, including but not limited to recruiting and hiring, evaluation, discipline, discharge, and assignment subject to the approval of the principal and superintendent.

(f)    assume responsibility for advising Superintendent, principal, and all coaches of requirements of MIAA league rules and monitory enforcement.

(g)    insure all coaches and PE staff has received periodic training on legal requirements and/or prohibitions related to harassment, bullying, discrimination, and hazing.

MINIMUM QUALIFICATIONS:

1.                    Experience with high school athletic programs and/or recreational programs

2.                    Effective interpersonal and leadership skills; experience facilitating communication between divergent groups and in-group decision-making.

3.                    Demonstrated success in the development, evaluation and implementation of secondary school programs.

4.                    Effective administrative and management skills, including the effective utilization of computers, technology, and information management tools.

5.                   Effective communication skills (speaking and writing skills)

6.                   Such alternatives to the above qualifications as the Principal and/or Superintendent may find appropriate and acceptable.

7.                   DESE license in physical education and/or health

8.                   Valid CPR and first aid certification

SUPERVISORY RESPONSIBILITIES:

The Athletic Director shall supervise all coaching staff and other athletic personnel. He/She reports directly to the High School Principal.

PERFORMANCE RESPONSIBILITIES:

1.            Provide effective and dynamic leadership to students and faculty

A.            Communicate the high school's athletic program's vision, goals, long-range plans, needs, and accomplishments to students, staff, families, and the community-at-large. Facilitate communication between groups effectively involving parties in the process.

B.            Represent Manchester Essex Regional School District at MIAA, Cape Ann League, and other conference meetings.

C.            Delegate authority to encourage staff initiative and participatory decision­ making.

D.            Facilitate and implement effective educational policies and procedures in compliance with the initiatives of the Manchester Essex Regional School Committee.

E.            Establish and enforce high standards of student conduct, and enforce discipline, as necessary, according to due process to the rights of students.

F.             Facilitate and implement a comprehensive athletic program geared to serve the interests and needs of the student body.

2.            Actively work with principal, coaches, and parents to ensure effective communication on matters affecting athletic program policy, program implementation, and student behavior.

A.    Meet with student groups, parents, or community members to discuss athletic programs on an as needed basis and/or upon the request of the principal.

B.    Meet regularly with the coaches and athletic personnel to encourage their full involvement in the athletic program.

C.    Initiate, facilitate, and encourage programs to integrate parents into the athletic life of the school.

D.    Provide, and encourage regular communication between the school administration and coaches with parents and community through items such as newsletters, informational bulletins, periodic news releases, and announcements for staff and students, as well as community regarding the athletic program (including information on activities, philosophy, policies and procedures.)

E.    Prepare and submit all necessary reports to the Central Office.

3.             Provide effective and efficient business management for the athletic program

A.    Assure that the Athletic Program meets the requirements of state, federal and MIAA regulations.

B.    Coordinate, plan, and submit a recommended athletic program budget (both operating capital needs) in consultation with the High School Principal.

C.    Develop and implement an athletic program calendar of events.

D.    Prepare and submit end of season reports to principal.

E.    Coordinate the collection and deposit of all User Fees in accordance with School Committee policy.

F.     Assume primary responsibility for the organization, logistics, and scheduling of all athletic events and activities.

G.    Coordinate the hiring and paying of officials, team physicians, and policemen as required.    Arrange details for hosting visiting teams. Assumes overall responsibility for the proper supervision of home games, ticket sales, and the proper handling and accounting of all monies involved.

H.    Provide for transportation and practice schedules of all athletes.

I.     Coordinate a maintenance program for facilities and fields (including mowing, seeding, weeding, feeding and lining) with advisement from the School Business Administrator and the District Facilities Manager.

J.     Develop specifications for selection and purchase of equipment. Organize and supervise the management of athletic equipment, materials, and supplies (including the identification, storage, inventory and equitable distribution of supplies.)

K.   Oversee the maintenance, cleanliness and security of the school building and grounds by supervising and working closely with the District Facilities Manager.

4.             Provide effective and efficient management of athletic program staff and administrative functions

A.    Coordinate recruitment and hiring process for the athletic program (recruiting, screening, interviewing) coaches and athletic program personnel subject to the approval of the high school principal and/or superintendent of schools.

B.    Responsible for seasonal evaluation of athletic coaches and personnel.

C.    Conduct staff meetings as necessary for the proper functioning of the athletic program.

D.    Stimulate and develop professional staff leadership and motivate a high level of morale and performance. Encourage membership and participation of staff in professional organizations.

E.     Coordinate and/or lead in-service orientation and training for coaches including but not limited to school and MIAA rules and regulations, Title IX information, hazing, and harassment awareness.

F.     Supervise the maintenance of accurate student and coach records that protect privacy and confidentiality and are in compliance with state and federal regulations.

5.             Other

A.             Perform such other duties as assigned by the High School Principal.

Reports to/Supervised by:                                 High School Principal

Evaluation:                          Evaluated annually (by June 15) by High School Principal based upon Athletic Director Job Description Performance Responsibilities and MA Principles of Effective Administration Leadership.

Work Year:                           Work year for the .6 Athletic Director position is per the Teachers' Contract with additional days to be worked during the summer as needed to fulfill the job responsibilities as articulated in the job description.

Salary:                                   The Athletic Director salary will be defined by the Teachers' contract with the understanding that provisions within the contract which otherwise permit a teacher to collect a per diem for work done on weekends or the summer, are waived for this position. The Athletic Director shall not be entitled to any additional compensation for work done on weekends or over the summer vacation period in fulfillment of the Athletic Director job responsibilities herein.

Work Year:                            Per teacher contract

(Evening, weekend, school vacation and summer work as needed to insure delivery of program)

Manchester Essex Regional School District is an Equal Opportunity/Affirmative Action

Employer

Upon request, auxiliary aides and services will be provided to ensure effective communication and participation in this recruitment and application process, as specified with the Americans with Disabilities Act

Article XXII Duration

This Agreement shall be effective from September 1, 2008 through and including August 31, 2011.

The Parties agree that all proposals not agreed to are withdrawn without prejudice to the party making the proposal.

_____________________                                   _____________________

_____________________                                   _____________________

_____________________                                   _____________________

_____________________                                   _____________________

_____________________                                   _____________________

_____________________                                   _____________________

_____________________                                   _____________________

_____________________                                   _____________________

For the Association                                                 For the Committee

Signed this _____________ day of _____________ 2009

PUBLIC COMPLAINTS ABOUT SCHOOL PERSONNEL

Complaints about school personnel will be investigated fully and fairly. However, before any such complaint is investigated, the complainant must submit his complaint in writing.   Anonymous complaints will be disregarded.

Whenever a complaint is made directly to the School Committee as a whole or to a Committee member as an individual, it will be referred to the school administration for study and possible solution.

The following procedures are established to ensure that a citizen's complaint is given respectful attention and that the integrity of the educational program is upheld. "Complaint" in this regulation will be restricted in meaning to that criticism of particular school employees which includes or implies a demand for action by school authorities. Other comments and suggestions will be referred informally to affected personnel.

1.                   If a complaint comes first to the person against whom it is directed, s/he will listen courteously and will try to resolve the difficulty. In all such cases, the person against whom the complaint is directed shall notify his or her immediate supervisor. If the complaint remains unsatisfied, the employee will refer the complaint to the building Principal or other immediate supervisor to have the complaint considered further.

2.                   If a complaint comes first to the Principal or other supervisor of the person criticized, he or she should listen courteously or acknowledge a letter promptly and politely, but should make no commitments, admissions of guilt, or threats. If the complaint involves a particular employee, the supervisor may suggest a conference between the complainant and the person criticized and should inform that person immediately of the complaint.

If a complainant has already met with the person criticized and remains unsatisfied, the supervisor should invite the complainant to file his complaint in writing.

3.                   If a complaint comes first to any other school employee, that employee will refer the complainant to the person criticized and his or her Principal.

4.                   No further action on the complaint should be taken unless the complainant submits the complaint in writing.

5.                   When a written complaint is received, the Principal or other supervisor will schedule a conference with himself, or herself, the complainant, the person criticized or other personnel that either the supervisor or the person criticized feels could contribute to resolution of the problem.

6.                   If the complainant is not satisfied with the results of the conference above, he or she should then be referred to the Superintendent, who may handle the complaint personally or refer it to other personnel, as he or she may see fit.

7.                   Should dissatisfaction remain after the above steps have been taken, a parent or community member can always raise the issue at a public meeting of the Manchester Essex Regional School Committee.

POLICY CONCERNING DRUGS AND ALCOHOL

The Manchester Essex Regional School Committee recognizes the complexity and seriousness of personal and societal problems resulting from drug and alcohol abuse. Drug and alcohol abuse can destroy the lives of individuals and erode the fabric of a community. While the Committee believes that those who are afflicted by substance abuse should be aided in dealing with this problem, use of controlled substances and use of alcohol in certain ways are crimes under Massachusetts law, and criminal conduct within the schools will not be tolerated. At a minimum, mere possession of either drugs or alcohol in, or within certain distances of, public schools not only violates school district policy, but is a crime in itself. It is not the responsibility of the school to advise students or School District personnel of the laws and legal penalties pertaining to controlled substances and illegal use of alcohol. Those who violate the law do so at their peril and must bear the consequences of their actions. In enacting this policy, it is the intent of the Committee to safeguard the well-being of the majority; to assist those who will benefit from substance-abuse counseling; to hold individuals responsible for their own conduct; and to make the consequences of offending conduct clear and certain.

As used in this policy, the word, "drugs" means any controlled substance as defined in Massachusetts General Laws, Chapter 94C, including, but not limited to, marijuana, cocaine and heroin, as well as over-the-counter or prescription medications used in ways for which they were not intended and commonly-available substances used in ways for which they were not intended. The word, "alcohol" means any alcoholic beverage. The phrase, "School District personnel" means any employee of the Manchester Essex Regional School District whose primary place of work is within the schools, as well as any individual acting in a recognized volunteer capacity in connection with school or school-sponsored activities. The phrase, "school-sponsored activity" means any activity conducted under the auspices of the Manchester Essex Regional School District which involves students or takes place at a location in which students are, or may reasonably expected to be, present. The phrase, "administrator" means any or all of the following: the Superintendent of Schools, Assistant Superintendents or Curriculum Director, Principals, Assistant Principals, and Director of Special Education.

A.            Policy Applicable To Students

1.            While engaged in any school-sponsored activity, students may not:

a.      Possess, use, distribute or be under the influence of, any controlled substance as defined in Massachusetts General Laws, Chapter 94C, including, but not limited to, marijuana, cocaine and heroin. Such activity constitutes a serious crime under Massachusetts law.

b.      Possess, use or distribute over-the-counter or prescription medications or commonly available substances for use in ways for which they were not intended.

c.       Possess, use or distribute any alcoholic beverage nor be under the influence of any alcoholic beverage.

2.             In the event that any school personnel receive a complaint or report concerning an alleged violation by a student of any portion of the preceding paragraphs A. 1. (a) through (c) or has reason to believe such violation may have occurred, such school personnel shall immediately refer the matter to the building administrator for further inquiry or investigation. School personnel have a duty to comply with this provision.

3.             Upon completion of the investigation, should the administrator determine that any violation of paragraphs A. 1. (a) through (c) has occurred, penalties to the student will occur. These penalties will be cumulative during the student's enrollment in the Manchester Essex Public Schools. The following are penalties which apply to students:

a.      For a first offense involving drugs or alcohol or both, the student's parents will be notified and police authorities will be notified. In the discretion of the building administrator, the student may be expelled from the school. If the student is not expelled, the student will be suspended from school for a period of up to five days. Student participation in a recognized substance abuse program will be considered in determining the length of the suspension. The student will be readmitted to school only after a meeting among the student, the student's parent(s) or guardian and appropriate school personnel, as determined by the principal. This meeting will include discussion and formulation of a long-term treatment program for the student. If appropriate, a request for an investigation under Massachusetts General Laws Chapter 119, sec.51A will be filed with the Massachusetts Department of Social Services.

b.      For a second offense involving drugs or alcohol or both, the student may be expelled from school at the discretion of the principal. The student's parents will be notified and police authorities will be notified. If the student is not expelled, the student will be suspended from school for up to ten days. Student participation in a recognized substance abuse program will be considered in determining the length of the suspension. The student will be readmitted to school only after a meeting among the student, the student's parent(s) or guardian and appropriate school personnel, as determined by the principal. This meeting will include discussion, formulation and adoption of a long-term treatment program for the student. In order to remain in school, the student must provide evidence of participation in the treatment plan on an ongoing basis. The student and the student's parents or guardian will be advised that any subsequent offense by the student will result in expulsion. They will also be advised that expulsion carries with it the legal requirement that should the student enroll in another public school, the Manchester Essex Regional School District is required by law to advise the receiving school of the reason for expulsion.

If appropriate, a request for an investigation under Massachusetts General Laws Chapter 119, sec. 51A will be filed with the Massachusetts Department of Social Services.

c.       Upon a third offense involving drugs or alcohol or both, the student will be expelled from the Manchester Essex Regional School District.

B.            Policy Applicable To Manchester Essex Regional School District Personnel

1.         While engaged in any school-sponsored activity, school district personnel may not:

a.       Possess, use, distribute or be under the influence of any controlled substance as defined in Massachusetts General Laws, Chapter 94C, including, but not limited to, marijuana, cocaine and heroin.

b.       Possess, use or distribute over-the-counter or prescription medications or commonly-available substances for use in ways for which they were not intended;

c.       Possess, use or distribute any alcoholic beverage nor be under the influence of any alcoholic beverage.

d.       Procure, distribute, or in any way provide to students any alcoholic beverage, any controlled substance as defined in Massachusetts General Laws, Chapter 94C, or any over-the-counter or prescription medications or commonly-available substances for use in ways for which they were not intended.

2.             In the event that any administrator receives a report concerning a violation by school district personnel of any portion of the proceeding paragraphs A. 2., B. 1. (a) through (d) or has reason to believe such violation may have occurred, the administrator shall proceed to investigate the complaint in accordance with the procedures set forth in School District Policy KLD or its successor.

3.             Upon completion of the investigation, should the administrator determine that any violation of paragraphs A. 2. or B. 1. (a) through (c) has occurred, the administrator will issue sanctions against the individual or individuals involved, which include, but are not limited to, a verbal or written reprimand, suspension with or without pay and termination of employment. In cases in which a violation of paragraphs B. 1. (a) or B. 1. (c) has occurred, police authorities will be notified. Should the administrator determine that any violation of paragraph B. 1. (d) has occurred, police will be notified and the employment of the school district personnel will be terminated.

4.         Should an administrator have reason to believe that any school district personnel suffer from a problem with drugs or alcohol, the administrator is encouraged to advise such individual or individuals of the Towns of Manchester and Essex Employee Assistance Programs, a confidential assistance program which is available to employees of the Towns of Manchester and Essex and their families, or of other assistance programs and encourage such school district personnel to seek assistance.

Side Letter Agreement on Harassment Policy

The MERSC has agreed to address the concerns raised by META concerning the length of time the MERSC maintains certain records resulting from a harassment investigation. The MERSC shall address those concerns in the following manner:

1.                   If the harassment investigation centers on allegations of harassment of a student by an employee, the records shall be kept until the student turns twenty-one (21) years old.

2.                   If the harassment investigation centers on allegations of harassment of an employee by another employee, the records shall be kept for a period of seven (7) years from the date of the investigation's conclusion or when any litigation or charges concerning the alleged harassment have been resolved, settled, or decided, whichever comes first, unless specific state or federal legislation requires longer record retention periods.

3.                   All records except for any disciplinary actions shall be kept in the Title IX files.

4.                   By reaching this Agreement the School Committee is not agreeing that its policies are subject to negotiations.