Marlborough

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DistrictMarlborough
Shared Contract District
Org Code1700000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2015
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersAssabet Valley RVTSD
CountyMiddlesex
ESE RegionCentral
Urban
Kind of Communityeconomically developed suburbs
Number of Schools6
Enrollment4539
Percent Low Income Students36
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document CONTRACT

CONTRACT

MARLBOROUGH SCHOOL COMMITTEE

and

MARLBOROUGH EDUCATORS ASSOCIATION

SEPTEMBER 2012 AUGUST 2015

TABLE OF CONTENTS

Article I, Recognition 

3

Article II, Committee Rights Clause

3

Article III, No Strike Clause

3

Article IV, Saving Clause

4

Article V, Dues Deduction

4

Article VI, Agency Service Fee 

5

Article VII, Grievance Procedure 

5

Article VIII, Arbitration

9

Article IX, Temporary Leaves of Absence

9

Article X, Extended Leaves of Absence

10

Article XI, Sabbatical Leaves

13

Article XII, Sick Leave

14

Article XIII, Sick Leave Buy-Back

17

Article XIV, Personal Injury Benefits

18

Article XV, Insurance and Annuity Plan 

18

Article XVI, No Discrimination Clause

19

Article XVII, Class Size 

19

Article XVIII, Teacher Employment

19

Article XIX, Teacher Facilities

19

Article XX, Teacher Assignment 

20

Article XXI, Teaching Hours and Teaching Load

21

Article XXII, Teacher Evaluation 

26

Article XXIII, Vacancies and Promotions

26

Article XXIV, Positions in Summer School, Evening School and Federal Programs

28

Article XXV, Professional Development and Educational Improvement

28

Article XXVI, Annual Increments

31

Article XXVII, General 

33

Article XXVIII, Reduction in Force 

33

Article XXIX, Longevity Payment

33

Article XXX, Salaries

36

Article XXXI, Regular Part-Time Teachers 

37

Article XXXII, Health and Safety Committee 

38

Article XXXIII, Labor Management Committee 

38

Article XXXIV, Retirement Incentive Program

39

Article XXXV, Term of Agreement

39

MOA

42

Appendix A, Teacher Salary Schedule

43

Appendix C, Athletic Salaries

45

Appendix D, Differential Pay Schedule

50

Appendix E, Student Activities Schedule

51

Appendix F, Mentoring Program

53

Addendum A 

54

Article I

RECOGNITION CLAUSE

The Committee recognizes the Association for the purposes of Collective Bargaining as the exclusive representative of the unit consisting of full time and regular part time teaching employees of the Marlborough School System hereinafter set forth and identified as the bargaining unit: all Classroom Teachers, Registered School Nurses, Guidance Counselors and School Psychologists, Adjustment Counselors, Coordinators, Director of Chapter I, Clinical Psychologist, (the hours of this classification shall be determined by the Superintendent of Schools), Clinical Social Worker,   Department Heads, Attendance Officer, Middle School Curriculum Leaders, Occupational Therapist, Physical Therapist and Speech, Language and Hearing Teachers/Therapists, Special Education Team Chairs, Instructional Specialists, Inclusion Facilitators and Teacher Leaders, but excluding all other academic and nonacademic Personnel of the Committee.   (Revised '89, 2000 and 2003)

The parties agree that the following articles of this Agreement do not pertain to physical therapists and occupational therapists: Article XX, Section C, D - paragraph One, E, Article XXIII and Article XXVIII.

Unless otherwise indicated, the employees in the above-described unit shall be hereinafter referred to as the "Teachers." Reference to male teachers shall include female teachers also.

Article II

COMMITTEE RIGHTS CLAUSE

The Committee is a public body established under and with powers provided by the statutes of the Commonwealth of Massachusetts and nothing in this agreement shall be deemed to derogate from the powers and responsibilities of the Committee under statutes of the Commonwealth or the rules and regulations of agencies of the Commonwealth.

Further, the Association and the Committee agree to be bound by the existing rules and regulations of the Committee except as the rules and regulations are changed by this Agreement.

As to every matter not covered by this Agreement, the Committee retains the powers and duties that it has by law and may exercise the same without such exercise being made the subject of an arbitration proceeding hereunder.

Article III

NO STRIKE CLAUSE

The Association, for the duration of this Agreement, agrees not to engage in, induce or encourage any strike, work stoppage, slow down or withholding of services.

Article IV

SAVING CLAUSE

Any practice or precedent not modified, altered, or amended by this Agreement shall continue in effect for the life of this Agreement.

Article V

DUES DEDUCTION

A.       The Committee agrees to deduct from the salaries of its employees dues for the Marlborough Educators Association, Massachusetts Teachers Association and the National Education Association as said teachers individually and voluntarily authorize the Committee to deduct, and to transmit the moneys promptly to the Marlborough Educators Association.    Teacher authorization will be in writing in the form set forth below:

"DUES AUTHORIZATION CARD"

Name

Address

I hereby request and authorize the Marlborough School Committee to deduct from my earnings and transmit to the Treasurer of the Marlborough Educators Association the amount indicated in equal monthly payments over the remainder of the school year and for succeeding school years.    I understand that the Committee will discontinue such deductions for any school year only if I notify the Committee in writing to do so not later than sixty (60) days prior to the commencement of the school year.   I hereby waive all right and claim for said moneys so deducted and transmitted in accordance with this authorization, and relieve the School Committee and all of its officers from any liability therefore.

B.        Deductions referred to in Section A will be made in equal installments during the first ten (10) pay checks beginning with the second paycheck in October (except that a Teacher who becomes a member after that date may authorize dues payments to be deducted from equal successive checks beginning with the earliest practical payroll). The Committee will not be required to honor any deduction or authorizations that are delivered to it later than one (1) week prior to the distribution of the payroll from which the deductions are to be made.

C.       No later than September of each year, the Association will provide the Committee with a list of those employees who have voluntarily authorized the Committee to deduct dues.   The Association will notify the Committee monthly of any changes in said list.   Any Teacher desiring to have the Committee discontinue deductions he has previously authorized must notify the Committee and the Association concerned in writing by September 15 of each year for that year's dues.

Article VI

AGENCY SERVICE FEE

A.       Bargaining unit members who choose to refuse, or withdraw from, membership in the Marlborough Educators Association, the Massachusetts Teachers Association and the National Education Association shall within thirty days of the effective date of this Agreement or within thirty days of the date of their initial employment, whichever occurs first, and as a condition of continued employment, pay an agency fee established consistent with the rules and regulations of the State Labor Relations commission regarding same.(Revised '89)

B.        The Association agrees to indemnify and save the Committee or City harmless against all claims, suits or other forms of liability arising out of the deduction of such agency service fee from an employee's pay or out of application of this Article.   The Association agrees to assume full responsibility for the disposition of the moneys so deducted once they have been turned over to the Treasurer of the Association, who shall provide such information to the City Treasurer as may be required by said City Treasurer under General Laws, Chapter 180, Section 17G.

C.       This Article shall not apply to any teacher who has authorized the City Treasurer to deduct Association dues under Article V of this Agreement.

D.       It is understood by the School Committee and the Association that deduction of the agency service fee shall be made by the Committee through its Treasurer only during the existence of an executed agreement between the Committee and the Association.   (New Article Sept.    '83.)

E.        The Superintendents Office shall give written notification to new teachers that they must join the Marlborough Educators Association or pay an agency service fee as a condition of continued employment.   (New '89)

Article VII

GRIEVANCE PROCEDURE

A.       Definition: For the purposes of this Agreement, a grievance will be defined as a dispute between a member of the bargaining unit covered by this Agreement or the Association and the Committee over the interpretation or application of the provisions of this Agreement or any alleged inequitable or discriminatory treatment of a teacher under the provisions of this Agreement.

B.        Procedure: Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process.    The time limits specified may, however, be extended by mutual agreement.

1. Level One - An employee covered by this Agreement who has a grievance shall discuss it with his (her) immediate superior, either personally or through appropriate representative within ten (10) school days from the date on which the incident giving rise to the grievance has occurred or when the employee has knowledge of such incident.

2. Level Two - If the grievant is not satisfied with the disposition of the grievance at Level One, or if no decision has been rendered within ten (10) school days after presentation of the grievance, said grievant and/or the Association may appeal to the Superintendent within ten (10) school days.    Such appeal shall be in writing setting forth the details of the grievance, the applicable provisions of the Agreement and the decision, if any rendered in Level One.    Within ten (10) school days after receipt of the written grievance by the Superintendent, he or his designee, shall confer with the grievant.   If the grievant is not represented by the Association, the Superintendent shall advise the appropriate representative of the Association that an appeal has been made and the date and time of the conference.    The Superintendent upon request from the appropriate representative of the Association will make available the written appeal.   The appropriate representative may be present at the conference to state the views of the Association.   (Revised '86)

3.  Level Three - Grievances involving the suspension or discharge of a teacher will not be heard by the School Committee; otherwise if the grievant is not satisfied with the decision of the Superintendent, or his designee, or if no decision has been rendered within ten (10) school days after the conference, an appeal may be made to the Committee by the grievant within ten (10) school days from the last day of the Superintendents response period.    Such appeal shall be in writing, setting forth the details of the grievance, the applicable provisions of the agreement and the decision, if any, rendered under Level Two.    The Committee shall confer with the grievant and/or the appropriate representative of the Association, if any, at an executive session at the regularly scheduled meeting next following receipt of the written appeal.

4. Level Four - In matters of suspension, if the grievant is not satisfied with the decision rendered by the Superintendent, or if no decision has been rendered within ten (10) school days, or in all other matters if the grievant is not satisfied with the decision of the Committee or if no decision has been rendered after the next regularly scheduled meeting of the Committee next following the conference, the Association may, within fifteen (15) school days thereafter, submit the grievance to arbitration as provided in this Agreement.

The following form will be used to process all grievances:

MARLBOROUGH EDUCATORS ASSOCIATION

GRIEVANCE REPORT

LOCAL ASSOCIATION

NAME ___________________________________________________________________________

HOME ADDRESS  ___________________________________________________________________

HOME TELEPHONE__________________________________________________________________

POSITION ___________________________________________________________________________

DATE OF GRIEVANCE

___________________________________________________________________

___________________________________________________________________

NATURE OF GRIEVANCE:

___________________________________________________________________

___________________________________________________________________

The Association charges that the School Committee, through its agents, violated the collective bargaining agreement between the parties, generally and specifically, including but not limited to Article(s) ___ ____ ___ _____ when the Committee, through its agents, ____ ____ ____ ______ .

_____________________________________________________________

REMEDY SOUGHT

___________________________________________________________________

___________________________________________________________________

The Association requests that the School Committee, and its agents, cease and desist from violating the collective bargaining agreement and abide by the provisions of _______________

by _________________________________ .

Grievant __________________________________________________________

Association Representative ____________________________________________

(SIDE TWO)

 FIRST LEVEL

EMPLOYER RESPONSE:

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

DATE: ________________________________

 SECOND

LEVEL

DUE DATE: ______________________________________________

EMPLOYER RESPONSE:

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

DATE:

THIRD

LEVEL

DUE DATE: ______________________________________________

EMPLOYER RESPONSE:

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

DATE:

FOURTH

LEVEL DUE DATE: ______________________________________________

ARBITRATOR'S AWARD:

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

DATE: ________________________________________

______________________________________________________________

DATE OF IMPLEMENTATION OF REMEDY (if any):

_______________________________________

Association President               Date______________________________________________

Article VIII

ARBITRATION

The grievance shall be submitted to an arbitrator who shall be selected mutually by the parties.   If the parties do not select an arbitrator within fifteen (15) calendar days from the date of submission to arbitration, the parties may request a list of five (5) arbitrators from the American Arbitration Association.    The parties shall determine by lot which party is to strike the first name.   The name remaining after each has eliminated two (2) shall be the arbitrator.

The arbitrator shall be bound by the written submission of the grievance by the parties. His decision shall not extend beyond the issues presented by the submission or submissions, nor alter, amend or modify the provisions of this Agreement.

Further, the arbitrator shall render his decision within thirty (30) calendar days from the date of the completion of the hearing, which decision shall be final and binding on both parties to this Agreement.

Both parties shall share equally the expenses of such arbitration.

Article IX

TEMPORARY LEAVES OF ABSENCE

A. Members of the bargaining unit covered by this Agreement shall be allowed three (3) days personal leave with pay not deducted from accumulated sick leave to attend to personal, legal, business or household matters that can only be conducted during work hours.    Such personal days shall be granted according to the following guidelines:

1. Written notice must be presented to the Office of the Superintendent five (5) days prior to the date the personal day is to be taken.   (Revised '83)

2. Personal days shall require no explanation.    The members of the bargaining unit shall, however, state in writing that the leave is to be taken for important personal business not of a recreational nature, and that such business cannot be conducted on a non-duty day.

3. In emergency situations, written request for a personal day may be submitted after the fact but said request must be consistent with the provisions of Paragraph (2) above.    Members of the bargaining unit will assume the responsibility of notifying the proper authority at the earliest possible time of the absence.

4. Personal days shall not be taken to extend a vacation or holiday.   Personal Days may be taken before or after a holiday or vacation with a reason at the discretion of the superintendent.    (Revised '86)

5. Any unused personal days shall be added to an individual's accrued sick leave.

B.        Members of the bargaining unit covered by this Agreement will be entitled to the following leaves of absence with pay each school year during the term of this Agreement.

1. With prior approval of the superintendent, teachers may be granted at least one (1) day per school year during the term of this Agreement for the purpose of visiting other schools or attending meetings or conferences of an educational nature.

2. No more than eight (8) Association representatives and no more than four (4) teachers per building will be granted the time necessary to attend the annual Massachusetts Teachers' Convention.   Up to two (2) days with pay shall be granted to the Treasurer of the Association, or designee for required appearances at the Labor Relations Commission relative to agency fee matters. (Revised '89)

3.    In the event the court appearance for a work-related matter is scheduled during a school recess or a day school is not in session, the employee will make every effort to reschedule said court appearance for a regularly schedule work day, in the event that it is not possible to reschedule said court appearance the bargaining unit member will receive a compensatory day off to be scheduled at a mutually agreeable time with his/her administrator.

4. Teachers will be granted the time off due to illness because of having contracted mumps, scarlet fever, measles, chicken pox or pediculosis.

5. Illness of a member of the immediate family requiring attendance of a teacher at the bedside of the patient shall be interpreted as coming under the annual sick leave provisions.    (Revised '86)

6. Leaves taken pursuant to this Section a, except 2, 3, 4 and 5 shall be deducted from unused sick leave.   No Teacher will be required to arrange for a substitute. (Revised 72-74)

C.  Bereavement Leave - Five (5) days, if necessary, shall be allowed for parents (or others who have fulfilled the functions of parents) brother, sister, husband, wife, significant other/partner or child.      For other relatives, the leave would be restricted to three (3) days unless they resided in the household of the Teacher in which case five (5) days would be granted.

Bereavement leave is defined as consecutive business days immediately following the death not to be carried over a school recess period. During the December, February and April school recesses periods, the leave shall begin immediately upon the death. In extenuating circumstances, additional time may be requested and may be granted at the discretion of the Superintendent. (Revised 2000)

In any one year, one (1) day of absence for a funeral may be granted.      In this connection, a funeral shall be interpreted to mean attendance at the funeral of a relative or friend where the bond is so strong that attendance constitutes a moral obligation.

Article X

EXTENDED LEAVES OF ABSENCE

A.       A leave of absence, without pay, of up to two (2) years will be granted to one (1) teacher with professional status per school year for the purpose of joining the Peace Corps, or serving as a teacher in an exchange program approved by the Superintendent, and provided, further, said teacher is a full-time participant in either of the afore described programs.      Upon return from such leave, a teacher will be considered as if he were actually employed by the Committee during the leave and will be placed on the salary schedule at the level he would have achieved if he had not been absent on said leave.

It is further agreed between the parties to this Agreement, that if a teacher who takes a leave of absence pursuant to this Section, does not return at the end of two (2) years, said teacher will be presumed to have resigned from the Marlborough School System.

No leave taken under this Section shall commence during the course of the school year and no teacher shall return from said leave during the course of the school year.

A teacher taking a leave under this Section shall give notice to the Superintendent of Schools of his intention to take such leave prior to April 1 of the school year, prior to the commencement of said leave; and, a teacher on leave pursuant to this Section shall notify the Superintendent of his intention to return no later than April 1 of the school year next preceding his return.

These provisions may be waived by the Superintendent of Schools.

B.        Military leave, without pay, will be granted to any teacher upon said teacher's initial induction or enlistment to satisfy his military obligation in any branch of the armed forces of the United States.

Upon return from such leave, said teacher will be placed at the level which he would have achieved had he remained actively employed in the System during the period of his absence, up to a maximum of three (3) years.

The School Committee will comply with applicable state laws.   (Revised '86)

C.       Parenting Leave

1.  A female teacher who becomes pregnant will:

As soon as practical submit a medical certificate from her physician which will include:

a.     last date the teacher will be physically able to perform her normal duties;

b.     the anticipated delivery date.

Such teacher may be entitled to up to eight (8) weeks maternity leave provided that the teacher shall give two (2) weeks prior notice to the commencement of such leave, except in cases of premature delivery.   The length of such leave shall be determined by the teacher in consultation with her physician, but in no case shall such leave exceed eight (8) weeks.

Such teacher shall be entitled to the provisions of the Sick Leave Article of this Agreement for such period of physical disability due to the pregnancy and birth upon certification by her attending physician.

Child bearing leave taken pursuant to either M.G.L. Chapter 149, Section 105D, or the Family Medical Leave Act shall be taken immediately upon the birth of the child.

2.  Child Rearing Leave

Teachers, male and female, will be entitled to child rearing leave in accordance with the Family Medical Leave Act and the provisions set forth below.

Teachers who qualify under either M.G.L. Chapter 149, Section 105D or the Family Medical Leave Act following the birth of a child will be granted extended child rearing leave without pay.   Such leave shall not extend beyond the first day of school for teachers next following the child's first birthday; provided, however, that notice is given to the Superintendent by the preceding April 1 of her/his intention to return.

A teacher who adopts a child may have the benefit of the previous paragraph provided, however, the leave shall not extend beyond the first day of school for teachers next following the first anniversary of the said adoption.   (New Paragraph '89)

D.       A leave of absence without pay or increment of up to one (1) year will be granted to a teacher with professional status whose presence is required to care for a sick member of the teacher's immediate family (child, spouse or parent).    Additional leave may be granted at the discretion of the Committee.

E.        The Committee will grant a leave of absence without pay or increment to any teacher with professional status to serve in an elective public office for no more than six (6) years.

F.    After five (5) years continuous employment in the Marlborough School System, a teacher may be granted a leave of absence without pay for up to one (1) year for health reasons.   Requests for such leave shall be supported by appropriate medical evidence.    Prior to returning to work, an individual shall provide verification of fitness to return to work from Medworks or a physician of the individual's choosing. Where there is a reasonable suspicion that an employee is unfit to return to work and by reason of being unfit may subject the district to financial liability or have a negative impact on the educational process, the Superintendent may require that the employee be cleared to return to work by an independent physician.      All costs attributable to such an examination shall be paid by the district.    The independent physician shall be selected by the employee's doctor or designee and the District's doctor or designee. (Revised 2000 and 2003)

G.       Other leaves of absence without pay or increment may be granted by the Committee.

H.       All benefits to which a teacher was entitled at the time his leave of absence commenced including unused accumulated sick leave, will be returned to him upon his return, and he will be assigned the same position which he held at the time said leave commenced, if still in existence, or, if not, to a substantially equivalent position, if available.

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

J.        In the event a teacher takes a leave pursuant to this Article for a full school year or less, said teacher shall give notice on or before April 1 of the school year of the leave of his/her intention to return the September next following.    If said leave is for a period greater than one (1) school year, said teacher shall give such notices on or before April 1 of the final (last) school year of the leave.

Notwithstanding the foregoing, early return from a leave pursuant to this Article may be granted by the Superintendent at his discretion, which shall not be withheld unreasonably. (New '89)

ARTICLE XI

SABBATICAL LEAVES

Upon recommendation by the Superintendent of Schools, sabbatical leaves may be granted for study to a member of the teaching staff by the Committee subject to the following conditions:

1.        No more than two (2) members of the teaching staff shall be absent in sabbatical leave at any one time.

2.        Requests for sabbatical leave shall be presented informally to the Superintendent of Schools by January 1, preceding the school year in which the sabbatical leave shall be taken.    Official requests for such leave shall be submitted in writing by April 1 of the school year preceding the school year for which the sabbatical leave is requested.

3.        The teacher has completed at least seven (7) consecutive full school years of service in the Marlborough School System.

4.        Teachers on sabbatical leave will be paid at 50 percent of their regular salary rate, provided that such pay when added to any program grant will not exceed the regular salary rate.

5.        The Teacher will agree to return to employment in the Marlborough School System for one (1) full year in the event of a semester's leave or two (2) full years in the event of a full year's leave.

Article XII

SICK LEAVE

A.       All members of the bargaining unit covered by this Agreement shall be entitled to fifteen (15) days sick leave cumulative to two hundred (200) days earned on the basis of one and one half (1 1/2) days per month.   (Revised '82)

Teachers will not lose pay, personal day or sick leave for any day that is not one of the one hundred and eighty-four (184) contract days.

(For example - should school be closed on a snow day, teachers' accumulated leave shall not be reduced.    (Revised 72-74)

B.        For first-year Teachers in the Marlborough School System, sick leave shall be on an earned basis at the rate of one and one-half (1 1/2) days per month during the school year.   Said Teachers shall be docked pay at the rate of 1/184 their annual pay for each day taken for sick leave in excess of sick leave days earned at the time illness commenced.    If the employee so docked subsequently completes the school year without exceeding his allotment of fifteen (15) sick leave days, he shall be restored all of moneys previously docked and such final adjustment shall be made in the final pay check rendered the employee, or, at his option, the employee may have his docked sick leave days credited to his cumulative sick leave days for the next school year.

C.       Accumulated unused sick leave credited to each employee's account is available for use in accordance with present practices.

D.       Accumulated unused sick leave earned by employees prior to the signing of this Agreement shall be retained by said employees during the term of this Agreement.

E.         In all other respects relative to sick leave, the practices, Rules and Regulations of the Committee shall continue in full force and effect.

F.        Applications for the aforementioned leave days shall be made as far in advance as possible to the Superintendent unless an emergency condition exists.

G.       Teachers who have the maximum number of days accumulated as of September of each school year, shall have fifteen (15) sick days in escrow for their use during that year.   These days in escrow shall not be accumulated.   (New '86)

H.       In the event of extended illness of a Teacher under this Agreement, an additional source of aid shall be provided by means of a sick leave bank to provide for additional days beyond accumulated sick leave benefits.

The sick leave bank will acquire its assets from those employees covered by this Agreement by the mandatory donation of no more than (1) sick leave day from the entitlement of already accumulated sick leave by any Teacher.

The policy of the sick leave bank and the awarding of extended sick leave days from the bank will be governed by a four (4) member Board of Directors consisting of two (2) members appointed by the School Committee and two (2) members appointed by the Association.   The operation of the bank will be administered by the Superintendent of Schools.

Said bank will begin operations January 1, 1976.    No employee covered by this Agreement may be granted any sick leave accumulation on deposit in the sick leave bank as long as such employee has accumulated sick leave accruing to his/her personal credit.

All sick leave donations to the sick leave bank shall accrue to the credit of the bank.

I.         Effective September 1, 1996 any teacher who has 155 days of accumulated sick leave may return a maximum of five (5) of those days to the school system at the end of the school year in return for compensation of $125.00 for each day so returned. Notification of intent to exercise this option must be given to the Superintendent in writing not later than December 31 annually.      To be eligible for this benefit an employee must complete the school year. Payment will be made on or about July 1.

SICK LEAVE BANK POLICY

1.        A Sick Leave Bank will be maintained for utilization for qualified members whose sick leave accumulation is exhausted through illness or accident and who require additional leave to make full recovery from an illness or accident.

2.        The Sick Leave Bank shall be governed by a Sick Leave Bank Committee consisting of three (3) members designated by the Association, two (2) members designated by the Committee, and the Superintendent of Schools.    The decision of the Sick Leave Bank Committee will be final and binding.   In the event of a tie vote, the decision will be in favor of the applicant.   Decisions of the Sick Leave Bank Committee shall be made within fifteen (15) school days next following receipt of the application. Meetings of the Sick Leave Bank Committee will be held after school during the Superintendents office hours.

3.        To qualify for membership in the Bank, a teacher who held a bargaining unit position prior to September, 2000 and who accrued or accrues twenty (20) days of accumulated but unused sick days shall qualify for membership in the sick leave bank by contributing one (1) sick day. Individuals hired effective September, 2000 and thereafter will become members of the sick leave bank when they have thirty (30) days of accumulated but unused sick time by contributing one (1) day. August 1st of each year is the deadline for the accumulation of the threshold figure.   Once a member of the bank, dropping below the qualifying threshold figure for accumulated sick leave shall not disqualify an individual.

4.        After the Bank has accumulated more than one thousand (1000) days, only new members will be required to donate to the Bank in order to become a qualified member.   However, when the number of acquired days in the Bank drops below one thousand (1000), all of the members of the Bank will donate a day a year to replenish the Bank.   Any member of this Association may voluntarily authorize a specific number of days, in addition to the one (1) day that all members will be assessed because the number dropped below one thousand (1000) to be deducted from his/her own total accumulation of sick days added to the Bank.   This authorization must be made in writing to the Superintendent of Schools, stating the number of additional days he/she wishes to donate to the Bank and must be made after August 1 and prior to September 30 of the school year in which the additional deduction is to be made.

5.        Application for benefits shall be made, in writing, to the Sick Leave Bank Committee accompanied by a doctors certificate as to the need for the days and the anticipated extent of extended recovery time for illness.   The Sick Leave Bank Committee reserves the right to request the applicant provide additional information to clarify his/her request.    The doctors certificate of illness must be renewed each calendar month. With a unanimous vote of the Sick Leave Bank Committee, this monthly renewal can be waived and alternate dates for submission of the doctors certificate of illness can be required of the applicant.

6.        Applications for benefits may be made prior to the employees exhaustion of his/her own personal sick leave to expedite benefits, but drawing upon the Bank will not actually commence until after the employees own sick leave days are exhausted and adequate medical notification has been provided.

7.        An extended leave grant is limited to one hundred-eighty (180) days.    The maximum limitation includes repeat occurrences of the same illness.

8.        Subject to the following requirement, a majority of the Sick Leave Bank Committee will determine the eligibility for the use of the Bank and amount of leave to be granted.

A.       In administering the Bank and determining the amount of leave, the following criteria shall be applied by the Committee:

a)   medical evidence of serious extended illness;

b)   prior utilization of eligible sick leave; and

c)     other factors as a majority of the Sick Leave Bank Committee may deem appropriate.

B.        No days may be withdrawn from the Bank for any other illness other than prolonged illness or accident. Days may not be withdrawn to permit an individual to stay home to care for other members of the family nor may these days be used for a complication-free pregnancy.

9.        Recipients of Sick Leave Bank benefits shall be entitled to the accumulation of individual sick leave in accordance with the provisions of this Agreement and on the same basis of other employees.

10.      The unused days in the Sick Leave Bank shall be carried over from the current Agreement to a successor Agreement.

11.      By September 1 of each year, the Association shall receive a report stating the number of days that were in the Sick Leave Bank as of August 1 immediately preceding.

Article XIII

SICK LEAVE BUY-BACK

Employees covered by this Agreement prior to the 2000-2001 school year who have completed eighteen (18) consecutive years of service (inclusive of approved leaves) in the Marlborough Public School System who give written notice to the Superintendent by December 1 of the school year in which said retirement or resignation is to be effective shall receive in their last check an amount of money determined in accordance with the following formula: the lump sum shall represent fifty (50%) percent of said employees unused accumulated sick leave at the rate of $75 per day.

Employees hired effective for the 2000-2001 school year and thereafter who have completed eighteen (18) consecutive years of service (inclusive of approved leaves) in this bargaining unit who give written notice to the Superintendent by December 1 of the school year in which said retirement or resignation is to be effective shall receive in their last check an amount of money determined in accordance with the following formula: the lump sum shall represent fifty (50%) percent of said employees unused accumulated sick leave at the rate of $75 per day. (Revised 2000)

For the purposes of this article a teacher may accumulate sick leave days to the maximum of two hundred (200) days.    (Revised '89 and 2000)   In the event a teacher who has otherwise qualified for this benefit dies before termination of employment, his/her estate will be entitled to the sick leave buy back as if said teacher had complied with the conditions of this Article. (Revised '89)

Teachers with professional status who have been terminated, following their period of recall, due to a reduction in force will be entitled to the above provision as a matter of severance, regardless of their years of service.   (Revised '82)

Teachers who begin their employment in the Marlborough Public Schools after August 31, 2013 will not be eligible for sick leave buy-back set forth in this Article.

Article XIV

PERSONAL INJURY BENEFITS

Whenever a Teacher is absent from school as a result of personal injury caused by an accident occurring in the course of his/her employment, he/she will be paid his/her full salary, less the amount of any workmen's compensation award made for temporary disability due to said injury. For the first thirty (30) work days, no part of such absence will be charged to his/her accumulated sick leave.   Thereafter, the teacher may elect to use accumulated sick time or the sick leave bank (if eligible) to make up the difference between any workers compensation and his/her full salary.

For injuries resulting from assault in the course of employment, a teacher will be paid his/her full salary, less the amount of any workmen's compensation award made for temporary disability due to said injury and no part of such absence will be charged to his/her accumulated sick leave.

Article XV

INSURANCE AND ANNUITY PLAN

A.       On the effective date of this Agreement, the Committee will pay the maximum percentage permitted by law of the cost of the following types of insurance coverage:

1. A $2,000.00 life insurance policy with the City paying one hundred per cent (100%) of the premium cost.

2. Individual or family coverage, whichever applies in the particular case.

B.        Teachers will be eligible to participate in a "tax sheltered" annuity plan established pursuant to United States Public Law No.    87-370.

C.       Employees in the bargaining unit shall receive dental insurance coverage as provided by the city and pay no more than fifty (50) percent of the applicable premium fees for such coverage.

D.       The parties agree to amend the Citys health insurance plan design according to the schedule attached as Addendum A.

Article XVI

NO DISCRIMINATION CLAUSE

There shall be no discrimination against any employee covered by this Agreement by either the Association or the Committee because of age, race, creed, color, religion, national origin, sex, marital status or sexual orientation. (Revised 2000)

Article XVII

CLASS SIZE

The Committee and the Association agree that they will work toward such class size limitations as are desirable as dictated by sound educational practices; and, the parties agree that to the extent that such reductions are possible, they will be made.

The administration will attempt to place inclusion students in classrooms based on the size of the class and the individual needs of the students in an equitable manner.

Article XVIII TEACHER EMPLOYMENT

A.       Full credit, not to exceed ten (10) years, may be given for previous outside teaching experience upon initial employment.    Placement on the salary schedule will be made by the Superintendent of Schools or his/her designee.

B.        Teachers with previous teaching experience in the Marlborough School System will, upon returning to the System, receive full credit on the salary schedule for all outside teaching experience, as determined by the Superintendent of Schools, but in no event more than set forth in Section A above.   Teachers who have not been engaged in teaching on a full-time basis will, upon returning to the System, be placed on the next step in the salary schedule immediately above that at which they left the System. Provided, however, that such absence from the System has not exceeded five (5) consecutive years.

Article XIX

TEACHER FACILITIES

A.       Wherever feasible, each school will have the following facilities.

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

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

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

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

5. A separate, private dining area for the exclusive use of the teacher.

6. An adequate portion of the parking lot at each school will be reserved for teacher parking.

7. A filing cabinet whenever possible.   (New section 72-74)

Article XX

TEACHER ASSIGNMENT

A.       Teachers will be notified in writing of a change in their programs for the coming school year, including the school to which they may be reassigned, any change in grade and/or subjects which they will teach, as soon as practicable and under normal circumstances no later than July 1 of each year.

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

C.       To the extent possible, changes in grade assignment in the elementary schools and in subject assignments in the secondary schools will be voluntary.

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

Teachers who are assigned to more than one school in any one school day will receive mileage reimbursement at a rate equal to that for all city employees.    (Revised 83.)

E.        In the event of a grade reorganization or Reduction In Force which requires involuntary transfers, the Superintendent shall publish a list of open positions and required certification.   Requests for transfer will be invited.    Volunteers will be given serious consideration.    Should there be no volunteers, the Superintendent shall make such reassignments as necessary, in the best interests of the system.   (New 89)

Article XXI

TEACHING HOURS AND TEACHING LOAD

A.       1.        The starting and dismissal times for students will be as follows:

Jaworek Elementary (K-3)                                  8:50 3:05

Kane Elementary (K-4)                                       8:50 3:05

Richer Elementary (K-3)                                     8:50 3:05

Charles W. Whitcomb Middle School (4-7)       8:00 2:30

Marlborough High School                                  7:20 1:55

Marlborough Early Childhood Center

*Pre K AM                                                        9:00 11:30

*Pre K PM                                                        12:30 3:00

*Full day                                                            9:00 2:30

The length of the teachers workday shall not exceed the length of that workday in effect during the 1994-1995 school year.

*In order to facilitate providing the services that meet the particular needs of the population enrolled at the Marlborough Early Childhood Center, the parties agree to the implementation of the below schedule:

Integrated Staff: M-Th 8:00 am 3:30 pm and    F 8:00 am 11:00 am Other Staff: M-F as scheduled.

2.        The workday of classroom teachers will begin fifteen (15) minutes before the aforesaid starting times and end twenty (20) minutes after the dismissal of students Monday Thursday.    On Friday the workday shall end ten (10) minutes after the dismissal of the students.    Except at the high school where the workday of classroom teachers shall begin five minutes prior to the beginning of the student day and end Monday through Thursday fifteen minutes after dismissal of students and five minutes after dismissal on Fridays.

3.      General faculty meetings (purposes for which may include, but not be limited to, general building meetings, department meetings, grade-level meetings, and team meetings) may be called by the administration pursuant to the following.    There shall be one (1) fifty minute meeting per month.    All meetings shall start 10 minutes after student dismissal and shall be scheduled as much in advance as possible.

4.        The starting and dismissal time of the students are subject to modification by the Committee; provided, however, that no such modification will increase the length of the Teachers workday.

5.        The present practice in all schools for the supervision of school buses shall continue.

6.        School Calendar The superintendent of schools will discuss the next years proposed school calendar with the negotiating committee prior to March 1 of each school year.

The work year (during the term of this Agreement) for members of the bargaining unit covered by this Agreement, shall begin the Monday before Labor Day.   The Friday before Labor Day will not be scheduled as a workday.

7.        Incorporate the side letter of agreement regarding pre-kindergarten work day.

B.        1.        Teachers will have a duty-free lunch period of at least 30 minutes.

2.        Classroom Teachers will, in addition to their lunch period, have a preparation period daily during which they will not be assigned to any other duties.      In the event that a lack of coverage results in someone not being assigned his/her daily preparation period, the building principal will schedule appropriate make-up time within five (5) school days, giving the affected teacher at least (24) hours advance notice.

3.        If a Teacher or Specialist is absent, then the Principal will make an effort to secure a substitute.   In the event that a substitute is not available, the Principal may assign Teachers on an equitable basis to cover such absences. (Revised 72-74)

4.        All non-teaching duties shall be assigned fairly.

C.        Wherever possible, secondary teachers will not be required to teach more than two (2) subjects nor more than a total of three (3) teaching preparations within said subjects at any one time.

Secondary teachers with professional status will teach no more than five periods per day except under the following conditions:

1.        Assignment of a sixth teaching period shall not be made for an individual teacher in consecutive years.      Provided, however, this provision does not preclude the assignment of such period to members of the bargaining unit who volunteer to assume a sixth teaching period subject to the provisions of Section 2 below.

2.        In no case shall the assignment of a sixth teaching period be made in a department from which any teacher is laid-off or would be laid-off due to such sixth teaching period assignment for a teacher in said department.

Secondary teachers without professional status will teach no more than five (5) periods per day.

D.       Exceptions to the provisions of section B and C above may be made only if the Superintendent of Schools (or his designee) determine that it is necessary to do so in the best interest of the educational process.    The Association will be notified of each instance in which the Superintendent so determines.    A disagreement over whether an exception is justified will be subject to the grievance procedure, but shall not be subject to arbitration. This exception shall not apply to first and second year teachers.    (2003)

E.        Teacher participation in extracurricular activities will be strictly voluntary and teachers will be compensated for all such participation in accordance with the provisions of the Salary Schedule of this Agreement.

F.        The work year for members of the bargaining unit covered by this Agreement, except as set forth elsewhere in this Agreement shall be as follows:

Pre-kindergarten through Grade 12 one (1) day of orientation plus one hundred eighty (180) days when pupils are in attendance, plus three (3) days for professional development.   Two of the professional development days may be scheduled consecutively provided they are held prior to the end of the student year.

All professional development days will be dispersed throughout the school year.

Additionally, effective September 1, 2013, 8 hours of increased collaboration, professional development and/or parent conference time will be scheduled in 2 hour increments over the course of the year, but not during months in which full day professional development days are planned.    The scheduling of the eight (8) hours will be mutually determined.

All members of the bargaining unit covered by this Agreement shall be required to attend three (3) evening meetings during the school year and said meetings shall not exceed two (2) hours duration.

G.       When an elementary class is under the Supervision of an educational specialist the present practices as regards the classroom teacher will continue.

H.       The Marlborough Educators Association and the Marlborough School district, in order to provide a wide variety of educational experiences, do hereby agree to implement the following flexible scheduling proposal effective at the beginning of the 2012-2013 academic year.

1.      There shall be established a joint oversight committee consisting of two (2) representatives appointed by the MEA President and two (2) representatives appointed by the Superintendent of Schools.

2.      Every effort will be made to have an administrator or designated professional (other than the flextime teacher(s)) and a custodian on duty at each building during all of the hours that instruction is scheduled to take place including any extension of regular school hours (whether before the beginning or after the end of the regular school day) that occur due to flexible scheduling.

3.      Volunteer participants for the flexible schedule will be sought by the appropriate administrator first.    In the event that the number of volunteers is insufficient, then teachers may be assigned to an alternative schedule within the scope of their teaching certificates and/or their major or minor fields of study in inverse order of seniority.

4.      In no case shall the workday for any teacher working in such a schedule exceed the normal workday for said teacher without the teachers consent. Teachers shall in no case be scheduled for a split working day, all such time being scheduled consecutively. In addition to the hours listed above, a teacher working a flexible schedule may be required to work an additional thirty-five minutes following the end of his/her instructional day if the flexible schedule begins prior to the start of the regular student day or thirty-five minutes before the beginning of his/her instructional day if the flexible schedule ends after the regular student dismissal time.

5.      Teachers working a non-traditional, flexible schedule shall not be responsible for attending general faculty meetings held pursuant to Article XXI Section A.3.    if the staff meeting will extend their work hours beyond that of teachers working the traditional schedule. Teachers will, however, be responsible for any materials disseminated at faculty meetings.    If the flextime schedule permits, the teacher may be required to attend faculty meetings. Teachers working a flexible schedule shall work the same total number of contractual days as those teachers working on a traditional schedule.

6.      Teachers working a flexible schedule shall be entitled to all the benefits of the contract including, but not necessarily limited to, sick leave, personal days leave, and preparation time.

7.      Administrators requesting flexible schedules for appropriate teachers shall first submit the proposed flexible schedule(s) to the joint oversight committee through the Superintendent and include the explanation of the need for such a schedule, the hours to be worked, the school(s) at which the schedule will be implemented, and the educational goals expected to be reached through the flexible schedule.

8.      A teacher requesting a flexible schedule shall first submit the proposed individual flexible schedule to the building administrator who will then submit the proposal to the joint oversight committee through the Superintendent. The proposal should also include the explanation of the need for such a schedule, the hours to be worked, the school(s) at which the schedule will be implemented, and the educational goals expected to be reached through the flexible schedule.

9.       All requests must be resubmitted to the Superintendent each year for continued approval of the flex time schedule.

10.     The joint oversight committee will be responsible for monitoring teacher flexible schedules and for resolving any disputes which may arise between a teacher who is working a nontraditional schedule and the building principal(s) to whom the teacher is responsible. The joint oversight committee will decide whether or not to approve proposed flexible schedules and/or may seek more information or make suggestions about implementation of a proposed flexible schedule.

11.    By September 15 of each academic year, the building principal shall be responsible for submitting the names and schedules of the teachers in his/her building who are working a nontraditional schedule to the Superintendent of Schools who will disseminate this information to the members of the joint oversight committee.

12.     The building administrator will post the schedules of all teachers who are working on an approved flexible schedule by October 1st of each academic year.

I.         Marlborough High School Advisories:

1.      The purpose of advisories shall be to encourage conversation and rapport between students and staff.    Advisories shall not replace specialized services, including but not limited to: social workers, guidance counselors, school psychologists, and nurses.

2.      Advisory responsibility will be equitably divided among all bargaining unit members.

3.      Marlborough high School will integrate 30 minutes or less of advisory time each cycle.

4.      Advisors will be assigned a group of students no larger than a typical homeroom.

5.      Teachers will not be formally observed or evaluated during advisories. Advisors shall not be required to create formal lesson plans.    Age appropriate materials and activators for discussion will be provided, as a resource. Advisors shall not assess students in their advisories with formative or summative assessments nor shall students receive grades for advisories.      There will be no reduction in prep time as stipulated in this Agreement.

6.      Student attendance will be recorded

7.      The provisions of (Section I) Marlborough High School Advisories will be reviewed by May 15th of each year.

Article XXII

TEACHER EVALUATION

The purposes of evaluation are to provide information for improving performance and to provide a record of facts and assessments for personnel decisions including decisions by school committee on professional status.    Personnel evaluation is an ongoing process of defining goals and of identifying, gathering and using information as part of a process to improve professional performance and to judge total job effectiveness.    The evaluation process shall be free of racial, sexual, religious and other discrimination and biases as defined in state and federal laws.    Members of the unit identified in Article I, Recognition Clause shall not be utilized as evaluators of any other member of the unit.

A.       All monitoring or observation of the work performance of a teacher will be conducted openly and with full knowledge of the teacher.   Teachers will be given a copy of any evaluation report prepared by their supervisors and will have the right to discuss such report with their supervisors.    A superior is required to confer with any teacher whose service has been rated unsatisfactory in any respect, explain the ratings and plan cooperatively for improvement.

1.  The Performance Standards and Evaluation Procedures for members of the bargaining unit is hereby incorporated by reference in this Agreement as Appendix F.

B.        Teachers have the right, upon request, to review the contents of their personnel file.   A teacher will be entitled to have a representative of the Association accompany him during such review.

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

D.       Any complaints about a teacher, of which the Administration takes official cognizance, should be brought to the attention of the teacher.

E.        If a teacher is to be formally disciplined or reprimanded by a member of the Administration above the level of Principal he will be entitled to have a representative of the Association present.   In all cases the disciplining or reprimanding will be done in private.

F.        No teacher with professional status will be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause.

G.      The parties shall establish a joint committee to review and update the evaluation process and document. This joint committee shall submit its report no later than the 92nd work day of the 2010 - 2011 school year for the bargaining teams to review.

Article XXIII

VACANCIES AND PROMOTIONS

A.        Whenever any vacancy in a bargaining unit position occurs during the school year (September to June), it will be adequately publicized by the Superintendent by means of a notice placed on the Association bulletin board in every school as far in advance of the filling of the vacancy as possible.

During the months of July and August, written notice of any such vacancy will be given to the Association.

The coaching positions listed in Appendix C, the coordinator positions (with the exception of full-time coordinator positions, e.g. SPED Coordinator) listed in Appendix D, and the advisor positions listed in Appendix E shall be annual appointments and must be posted and filled as set forth below.

All notices of non-bargaining unit professional position vacancies shall be forwarded to the President of the Marlborough Educators Association.

The postings for positions in Appendices A, D and non-bargaining unit professional positions, shall contain the following:

The postings for positions in Appendices C and E shall contain the following:

Whenever a new position is created by the School Committee, the School Committee agrees to meet its obligations under M.G.L. Chapter 150E relative to bargaining the compensation and other terms and conditions of employment for such new positions prior to filling them.

B.        All qualified teachers will be given adequate opportunity to make application for such positions, and the Superintendent agrees to give consideration to the following:

*          professional background and attainments of all applicants;

*         the length of time each has been in the School System; and

*         such other relevant factors as determined by the Superintendent.

All internal, certified applicants will be interviewed by the principal.   When external candidates are under consideration, preference should be given to qualified teachers already employed by the School district.

Each teacher applicant not selected will, upon request, receive a written explanation from the superintendent or his designee. The explanation for the teacher applicant not being selected shall be consistent with Massachusetts General Laws and shall not be arbitrary or capricious. (Revised 83 and 2003.)

Article XXIV

POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL AND FEDERAL PROGRAMS

A.        All openings for summer school and evening school positions under Federal programs will be adequately publicized by the Superintendent in each school building as early as possible and teachers who have applied for such positions will be notified of the action taken regarding their applications as early as possible. Under normal circumstances, summer school and evening school openings will be publicized no later than the preceding March 1 and June 1, respectively, and teachers will be notified of the action taken not later than May 1 and September 1, respectively.

B.        Positions in the Marlborough summer school and evening school and positions under Federal programs will, to the extent possible, be filled first by regularly appointed teachers in the Marlborough School System.

C.       In filling such positions, consideration will be given to a teachers area of competence, major and/or minor field of study, quality of teaching performance, attendance record, length of service in the Marlborough School System, and in regard to summer school or evening school positions, previous Marlborough summer school or evening school teaching experience.

Article XXV

PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

The stipend for Mentor shall be $800 per year. If a mentor supports 2 new staff members, this stipend will be $1,200 per year. All teachers new to the teaching profession must participate in a year-long mentor program provided by the District during their first year of employment.

A.          Each new teacher (which for this section shall mean new to the teaching profession) shall participate in not more than three district-specified courses designed to help new teachers become competent novice practitioners (e.g. Beginning Teacher Institute, The Skillful Teacher and Designing Standards-Based Curriculum Units) during her/his first three years of employment. Exceptions to the above may be granted at the discretion of the Superintendent where the new teacher can demonstrate satisfactory completion of comparable coursework in the pursuit of an advanced degree.

B.        The Committee will pay the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by Teachers who attend workshops, seminars, conferences or other professional improvement sessions at the request and/or with prior approval of their immediate superior and the Superintendent of Schools.

C.       In the event that the Association presents to the Administration a plan for presenting a course, together with the name and other pertinent information the cost of such course will be paid for by the School Committee, subject to the approval of the Superintendent.   Any academic credits earned by the Teacher shall be applied in accordance with the provisions of Article XXVI of the contract.

D.       Those parts of the Teachers normal work day which do not interfere with the normal teaching process or preparation time as provided for in the contract may be utilized for required curriculum study programs.

Preparation periods lost because of release time will not be replaced.    Any participation in curriculum study programs beyond normal workdays shall be on a voluntary basis.

E.        The School District will reimburse teachers up to $450.00per course with a cap on aggregate District wide reimbursement of $70,000.    However, such course must be directly related to the teachers work and approved by the Superintendent prior to the course being taken and with the provision that the teacher shall attain a final grade of B or better in the course to be entitled to reimbursement.

Consistent with section E below, the money budgeted for course reimbursements shall be divided equally into the two halves of the fiscal year.    The District will provide to the President of the Association an accounting of the funds available on December 31 and June 30 of each academic year.    Said accounting will be provided within ten (10) work days of said dates.    All money remaining after the first half of the year shall be added to the second half of the year.   At the end of the fiscal year, and in the event that there is money remaining from the total amount budgeted for tuition reimbursement, those teachers not fully reimbursed during the first half of the fiscal year will be further reimbursed.

F.         Money budgeted for reimbursement for professional development and educational improvement will be divided in the following manner:

1.        50% of the funds will be spent during the period of July 1-December 31.

2.        50% of the funds will be spent during the period of January 1-June 30.

3.        Funds not expended during July 1-December 31 will automatically be applied to the period covering January 1-June 30.

G.       A Professional Development Committee will be formed by the Marlborough Educators Association. The Committee will consist of one representative from each school building.    Representatives will be elected from each building and will be identified to the School Committee each    Spring.    The MEA Professional Development Committee will work collaboratively with District administrators regarding professional development workshops to be given during professional development days.

H. Job Sharing

1.    Effective September 2000, job sharing, in accordance with the following, shall be available to all members of the bargaining unit represented by the Association.

2.    Job Sharing:

Definition:     For the purposes of this Article, job sharing shall be defined as the allocation of all of the duties of one full-time teaching position between two (2) teachers with professional teacher status and within the School System such that the cost of the job sharing does not exceed the cost of one teacher. The division of these duties shall be according to the terms set forth below:

Application:     Teachers interested in job-sharing shall jointly submit a job sharing proposal to the appropriate building principal no later than February 1st of the school year preceding the school year during which the job is to be shared provided that each teacher will have obtained professional teacher status by the first day of the school year in which the job share would occur.    The proposal shall set forth the following details:

a.     The position to be shared;

b.     The manner in which the job is to be shared; e.g., the percentage of the job each is to work;

c.     Which teacher shall be receiving the health insurance benefits; and

d.     Any other relevant information to the implementation of the proposal.

Granting: The proposal shall be reviewed by the building principal and the Superintendent of Schools who shall notify the teachers of their decision, with the reasons for granting or denying, no later than May 15th. The decision whether or not to allow the job sharing proposal shall not be grievable or arbitrable.

Condition: In the event that the job sharing proposal is approved, the following conditions shall apply:

a.     Both teachers shall work the first, second and last day of the student school year;

b.     Both teachers shall attend the open houses;

c.     Both teachers shall attend all parent/teacher conferences and all staff meetings;

d.     In the event that one of the teachers is absent, the partner teacher shall make every reasonable effort to cover the class. On such days, the partner teacher shall either be paid his/her per diem rate of pay or shall be granted an equal amount of compensatory time. (For these purposes, the per diem rate of pay shall be defined as 1/184th of the partner teachers annual salary). Subject to the review of the Superintendent, the building principal shall designate which option shall be implemented.

e.     The partner teachers shall be considered to be part-time employees and as such shall be entitled to all of the rights and privileges of other Unit A members subject to the following: where applicable, benefits shall be pro-rated (e.g., each teacher shall receive one-half of his/her salary and shall receive either fifteen (15) half sick days or seven and one-half (7.5) full sick days); and the cost of health insurance to the City shall not exceed the cost of health insurance for one teacher.

Term: The term of the job sharing shall be for one school year and the partner teachers shall return to their respective assignments beginning with the school year following the school year during which the job was shared. If the partner teachers wish to extend the job sharing beyond one school year, they shall apply in accordance with the Application provision of this Article.

Article XXVI

LANE CHANGE

1.        Teachers who participate in school and district-based mini-courses/study groups that focus on district and/or school goals that improve student performance are eligible to receive 1 PDP per clock hour.    In addition participants will receive 1 credit for lane change/increment.   Teachers may receive PDPs/1 lane change credit after the successful completion of a professional development program (minimum fifteen (15) hours on a topic) with an observable demonstration of learning that includes: pre/post test, written product or other documental product.    The increase of 10 to 15 hours on a topic will become effective at the beginning of the 2013-2014 school year.

Assignments directly related to the topic or documental product are required by instructors.    Since credit PDPs are awarded for completion of the mini-course/study group, attendance and participation are expected.    The expectation is that participation allows staff the opportunity to apply ideas, concepts and materials developed during a mini-course in their classroom and enhance instructional practices.   There are, however, circumstances that may prevent attendance at class.    Instructors will determine an appropriate make-up assignment that must be completed within four weeks of the last class and sent to the Office of Instructional Services.    Failure to do so will result in neither credit nor PDPs being issued.

2.      Participation in local curriculum committees, or in special work required by the Principal, Superintendent or School Committee as being necessary-to the improvement of the Marlborough Public Schools shall not be regarded as an alternative to the semester hour requirement except that if the work is unusually extensive, valuable and arduous, special consideration may be given to it in this respect.

3.       Credit Acceptance

In determining the schedule to apply to a particular teacher upon initial employment or upon transfer to a lane requiring greater academic qualifications, the Committee shall:

A.   accept a Bachelor's, Master's, CAGS or Doctorate Degree earned from an accredited institution;

B.   all graduate credits and degrees must be earned at through an accredited institution.    In addition, credits deemed acceptable by the Superintendent will be allowed for lane movement;

C.   credits to be applied for lane movement beyond the Master's column need not be within a degree program.

D.   Graduate level credits can only be applied once to a lane change.

Article XXVII

GENERAL

A.       There will be no reprisals of any kind taken against any teacher by reason of his membership in the Association or participation in its activities.

B.        The President of the Association will be provided with a copy of the open meetings of the Committee and copies of the minutes of open meetings of the Committee whenever practical.

C.       Whenever information is required for the District to comply with federal or state laws, teachers shall provide the information per request.

Article XXVIII

REDUCTION IN FORCE

If there is to be a reduction in the number of teachers, the following procedure shall be implemented:

1.      Definitions:

Seniority: Means a teachers length of consecutive service in years, months and days in the bargaining unit.   Unpaid approved leaves of absence shall not be considered as breaks in said consecutive service, except that only paid leaves of absence shall be counted as year, months, and days for the purposes of the definition.

Where the total number of years, months, and days are equal, seniority shall be determined by lot.      Length of Service for present teachers as of the effective date of this Agreement shall commence as of the date of the said teachers execution of his initial contract of employment.

Length of Service for teachers employed subsequent to the effective date of this Agreement shall commence as of the initial date of employment as recorded in the Superintendents Office.

Qualified: Means that the teacher has on file with the Committee prior to the finalization of the seniority list his evidence of certification required pursuant to Chapter 71, Section 38G of the Massachusetts General Laws.      It is further agreed that; to be qualified to hold a position in the following areas in the Middle School, a teacher must possess the elements of a specialized certification:

a.  Industrial Arts;

b.  Home Economics; and

c.  Foreign Languages               (Revised 83.)

Classifications shall be consistent with the then current certifications issued by the Department of Education.    The parties shall review classifications on an annual basis.

Layoff: Means an unpaid leave of absence for a period of 24 months commencing from and pursuant to a Reduction in Force.

Recall: Means the right to return to service during the 24-month layoff period.

2.       Notice: When a Reduction in Force is to take place, the Committee shall give written notice to the Association and the affected teachers prior to June 30th of the school year next preceding in the effective date of the Reduction in Force. (Revised 83.)

3.       Seniority List: Shall mean a list specifying the order of seniority of each teacher. The Seniority List shall include the areas in which a teacher is qualified; and said list shall be prepared by the Committee and Association by November 1st of each school year.    Placement on the Seniority List for the areas in which a teacher becomes qualified subsequent to the effective date of the initial list shall be as of the date of filing of evidence of said qualifications with the Committee.   The Association shall promulgate the Seniority List to each teacher within thirty (30) calendar days after receipt of said list from the committee.   Any teacher who wishes to challenge his position on the Seniority List shall submit the challenge in writing setting forth the basis of his challenge to the president of the Association but, in no event, no later than January 1st.    Thereafter, any challenges remaining unresolved shall be forwarded to the Committee on or before January 15th.

Notwithstanding the provisions of Article VII of this Agreement, a tripartite panel, consisting of a person appointed by the Association, a person appointed by the committee, and a third person chosen by the appointed persons, shall meet to decide the validity of the unresolved challenges.   This Panel shall render its decision prior to February 1st.    A teacher who has filed timely, in accordance with the provision of this Article, a challenge to the Seniority List which remains unresolved shall be advised of the date, time and place of the meeting of the said Panel.   The teacher shall have the opportunity to clarify his challenge before the Panel; provided, however, he shall have submitted a request for said opportunity in writing to the President of the Association prior to the meeting of the Panel.

The decision of a majority of the Panel will be final and binding on the teacher, the Association, and the Committee.

The cost of any of the services of the neutral member of the Panel shall be borne equally by the Committee and the Association.

The list as finally determined by the Panel shall be the Seniority List for the purposes of this Article.

In the event there are no unresolved challenges as of the January 1st list, then the promulgated list shall be the final list.

After the Committee has determined the number of teachers convinced by this Agreement to be placed on layoff then it shall first determine which teacher(s), if any, have performed in a less than competent manner and shall notify such teacher(s) in writing by certified mail that they are to be placed on layoff effective September next following receipt of said notice.   Any teacher(s) so notified shall have the right to grieve such action pursuant to Article VII of this Agreement and the Committee shall have the burden of proof in such matter.   After having made any such determination regarding less than competent performance, then the least senior qualified teacher(s) shall be notified, in writing, by certified mail, that they are to be placed on layoff effective September 1 next following receipt of the said notice.

4.        Recall:

a.     When a teacher covered by this Agreement has been placed on layoff in accordance with the provisions of this Article, said teacher shall be placed on a recall list for a period of 24 calendar months from the effective date of the layoff.    If not recalled during said period, the teacher shall be terminated.

b.     During said layoff period, the teacher shall be considered to be on a leave of absence without payment or increment.

c.     The teacher shall be entitled to membership in any group health or life insurance coverage in existence at the time of the effective date of his layoff, provided, however, that the teacher pays the entire cost of said insurance in quarterly payments in advance of the premium due, and there shall be no contribution by the Committee for such teachers insurance.

d.     The teacher, during the period of recall, shall inform the Superintendent of Schools of his current mailing address and any other circumstances which could affect his recall status.

e.     In the event that the Committee determines to re-establish the eliminated positions, then the teachers who have been placed on layoff status, who are qualified for the available position, and who are in recall status shall be notified by certified mail that such a position is available.    The teachers so notified shall within 30 calendar days from the date of the receipt of the notice respond in writing by certified mail of their intention to return or not to return to the school system.    Upon the expiration of said 30 days, if the Superintendent has not been notified by said teacher, or if the teacher has given notice of his intention not to return, then in such event said teacher shall terminate the leave of absence and the teacher shall be considered to have resigned from the school system.

f.       The Superintendent shall assign the most senior qualified teacher among those notified above to the available position, provided said teacher has complied with the provisions of said section.

g.      Those teachers who have complied with Paragraph e above and who have not been assigned in accordance with Paragraph f above shall continue in recall status.

h.     In the event of a layoff pursuant to this Article, no duties performed by members of the bargaining unit may be performed by persons not in the bargaining unit except to the degree consistent with the practices in effect of the effective date of this Agreement.

i.       Teachers on the Recall List will be given first priority in filling permanent and/or regular substitute teaching vacancies.

5.    Fallback:

a.      Employees serving at the discretion of the Committee under the provisions of the M.G.L. C71, S41 who re-enter the bargaining unit described in Article I shall be placed on the seniority List in accordance with their previous service within that unit.

b.      Employees serving at the discretion of the Committee under the provisions of M.G.L. C71, S41 who enter the bargaining unit described in Article I for the first time shall be placed on the Seniority List before those teachers who are not serving at the discretion of the committee and after those teachers who are serving at discretion.

Article XXIX

LONGEVITY PAYMENT

A nurse who is not on the teachers salary schedule shall receive a longevity payment, to be paid in a lump sum on July 1, on the basis of that nurses completion of consecutive years of service. Said payment to be made in accordance with the following schedule:

18 - 21 years                      $200.00

22 - 24 years                      $300.00

25 - 29 years                      $400.00

30 or more years    $500.00

For the purpose of this article, consecutive years of service shall mean length of a said nurses uninterrupted service in years in the bargaining unit. Unpaid, approved leaves of absence shall not be considered as breaks in said consecutive years of service, however, only years, months or days spent on paid leaves of absence shall be added to the computation of consecutive years of service. (New Article 82, revised 89)

Article XXX

SALARIES

The salaries for members of the bargaining unit are set forth in Appendices A - E to this Agreement.

A.       Teachers shall have the option of being paid either in 26 equal payments (once every two weeks) over the period of one year, September to August; or in 22 equal payments (once every two weeks) over the period of the school year, September to June; or in a 23-payment program, including 22 equal payments (once every two weeks beginning in September) with the final (23rd) payment, covering the four summer pay periods, payable on the last day in June. Paychecks and W2s shall be given to the teachers in envelopes. (Revised 86)

B.        Any teacher who anticipates a salary column change in September of a school year must notify the Superintendent of Schools, in writing, of the anticipated change prior to June 1 of the school year immediately preceding the school year in which the salary column change will take effect. Evidence of credits received must be submitted to the office of the Superintendent of Schools by October 1st of the school year in which the salary column change will take effect.

Any teacher who anticipates a salary column change in January of a school year must notify the Superintendent of Schools in writing, of the anticipated change prior to October 1 of the school year in which the salary column change will take effect. Evidence of credits received must be submitted to the office of the Superintendent of Schools by February 15 of the year in which the salary column change will take effect. (Revised '86)

Effective September 1, 1990 teachers hired on or after said date shall move to the "+30" and "+45" lanes only if the credits were earned subsequent to the award of the appropriate degrees. (New '89)

C.       The work year for the following job classifications will be 194 days: Department Heads, Counselors, Director of Guidance, Curriculum Coordinators, Attendance Officer, Coordinators of Art, Media and Special Needs. The days to be worked beyond the regular teacher's work year shall be mutually set by the appropriate principal or administrator and the above classified teacher. (Revised '86)

D.        Movement to steps 15, 20, 25, and 30 of the Salary Schedule will be made only at the beginning of the 15th, 20th, 25th, and 30th consecutive years of service.

For the purpose of this article, "consecutive years of service" shall mean length of a teacher's uninterrupted service in years in the bargaining unit. Unpaid approved leaves of absence shall not be considered as breaks in said consecutive years of service. However, only years, months or days spent on paid leaves of absence shall be added to the computation of consecutive years of service. (New '89)

E.        The District will provide direct deposit of paychecks of all members of the bargaining unit to a bank designated by each member.    All employees hired after January 1, 2004, shall utilize direct deposit.    Any employee using direct deposit   on or after January 1, 2004, shall continue to use direct deposit.   Verification of payment during the summer months shall be mailed to employees.

F.        Effective School Year 1997-1998, Occupational Therapists and Physical Therapist will be placed on Step 9 of Appendix A.

G.       Effective School Year 1997-1998, the nurses currently on the RN column shall be placed on the RN30 column at the appropriate step.

Effective in School Year 1998-1999, the nurses on the RN30 column during the 1997-1998 column shall be placed on the Bachelors column of the Teachers' Salary Schedule at step 5 and thereafter    shall advance on said column.

H. Employees hired after January 4, 2002, shall not be eligible for the B+30 column.

ARTICLE XXXI

REGULAR PART TIME TEACHERS

A.       The salary and benefits of the regular part time teacher shall be pro-rated according to the total percentage of instructional and non-instructional time.

B.        Seniority as of September 1, 1986 shall be prorated according to the same percentage.   Seniority prior to September 1, 1986 shall remain in place.

C.       To the extent possible, full time schedules will continue as has been the practice in the system.

D.       Full time teachers on a recall list have the option of accepting the part-time position without losing eligibility for a future full-time position.

ARTICLE XXXII

HEALTH AND SAFETY COMMITTEE

The Committee and the Association affirm their commitment to the maintenance of an environmentally safe school system and an atmosphere conducive to teaching and learning.      To those ends, the parties agree as follows:

A.       A Health and Safety Committee (HSC) will be established consisting of two (2) representatives appointed by the School Committee and two (2) representatives appointed by the Association.      The HSC will be responsible for assisting the School Committee in establishing and maintaining a healthy and safe environment.

B.        Individual concerns regarding matters of health and safety shall, where applicable, be brought to the immediate attention of the building principal.

C.       The HSC shall meet at least bi-monthly with all building principals and MEA building representatives to hear concerns regarding issues of health and safety and where appropriate, investigate such matters.      In the event that the HSC determines that the investigation requires specialized services which can only be provided by an outside agency, the HSC shall request that the School Committee approve the cost of such services.      Reports of the HSC shall be presented to the School Committee which shall take such reports under consideration and take such action as the School Committee deems necessary.      The HSC will be informed as to the disposition of the matter within sixty (60) days of referral to the School Committee.

D.       In addition, the HSC will be encouraged to create health and safety information programs.

Article XXXIII

LABOR MANAGEMENT COMMITTEE

There shall be a Labor-Management Committee consisting of five (5) representatives from the Association and five (5) representatives from the District which shall meet from time to time by agreement to discuss matters of mutual interest.

ARTICLE XXXIV

RETIREMENT INCENTIVE PROGRAM

A.       In order to be eligible for the Retirement Incentive provided under this Article, a teacher must have fifteen (15) years of consecutive employment in the Marlborough Public Schools as of the effective date of retirement.      For the purposes of this Article, consecutive service shall not be broken by time spent on unpaid leaves of absence but such time shall not count toward the fifteen years.

B.        A teacher must provide written notice of intent to retire from the School District by the November 1 of the year prior to the year in which retirement is to become effective.

As of December 1, this notice shall become irrevocable.    To be eligible for this incentive, the date of retirement must be at the end of the school year.    This requirement will not be applicable to teachers who provide written notice of intent to retire by November 1, 2012 with a date of retirement through calendar year 2013 and will also not be applicable to teachers who provide written notice of intent to retire by November 1, 2013 with a date of retirement through calendar year 2014.

C.       A retiring teacher meeting the qualifications as set forth in sections A and B, shall receive an incentive bonus equal to fifty per cent (50%) of the difference between his/her final year's salary and the first step of the Bachelor's scale for the last year of the employment.    The incentive bonus will be capped at the fifty percent (50%) of the difference between the CAGS, Step 30 and Bachelors Step 1 in effect on August 31, 2015.

D.       The Retirement Incentive shall be paid in two equal installments, the first on or about July 1 of the year of retirement and the second on or about July 1 of the following year.

Article XXXV

TERM OF AGREEMENT

This Agreement and the provisions thereof shall be effective as of September 1, 2012 as noted and shall continue until and including August 31, 2015, and shall continue from year to year thereafter unless terminated or changed by the parties hereto.    Either of the parties hereto desiring to terminate this Agreement or to change any of the provisions shall notify the other party in writing that they desire such termination or change on or before September 1, 2005 or September 15 of any year thereafter if this Agreement is not terminated.

Negotiations for a new Collective Bargaining Agreement or for changes in this Agreement shall commence no later than September 15th of each year.

Separability Clause: If a court of competent jurisdiction or appropriate Federal Administrative Agency should determine that the appendix captioned "Coaches Salaries" is, in some respects, inconsistent with law, then the parties agree to renegotiate the coaches' salaries.

In witness whereof, the Marlborough School Committee has caused this Collective Bargaining Agreement to be signed in its name and behalf by its Chairman and the Marlborough Educators Association has caused this Collective Bargaining Agreement to be signed in its name and behalf by its President this                             day of              ,

20____.

MARLBOROUGH EDUCATORS ASSOC.                  MARLBOROUGH SCHOOL COMMITTEE

_________________________________________       _________________________________________

President                                      date                               Mayor                                                 date

MEMORANDUM   OF AGREEMENT

BETWEEN

MARLBOROUGH   SCHOOL COMMITTEE

AND MARLBOROUGH   EDUCATORS ASSOCIATION

This Memorandum   of Agreement  is entered into by and between  the Marlborough  School Committee (hereinafter  the Committee)   and Marlborough Educators   Association (hereinafter the Association).

Whereas,   the    Committee's   reorganization   has created the positions   of Teacher  Leaders at the Middle   School in the areas of:

•    English Language  Arts

•     Mathematics

•    History/Social   Sciences

•     Social Studies

•    World Language

Whereas,   the    Committee   reorganization   has created the positions of Teacher  Leaders at the High School   in the areas of:

•    English Language  Arts

•    Mathematics

•    History Social Sciences

•    Social Studies

•    World Language

•    Business

Whereas,   the parties have negotiated the terms and conditions of employment   for these positions. The parties  agree as follows:

1.   The listed Teacher  Leaders shall receive a four thousand ($4,000.00)   dollar stipend.

2.     The listed Teacher  Leaders shall teach three (3) classes.

3.    The listed Teacher  Leaders shall work the teacher work year plus ten (10) additional days to  be scheduled  mutually  with the building principal.

4.    The parties agree to meet on March 15,  2012 to review  and assess the position of Teacher Leader.

Wherefore,   the parties,  by their duly-authorized   representatives,  have caused this Memorandum of Agreement to be executed this day of                               , 2011.

_________________________________________       _________________________________________

MARLBOROUGH SCHOOL COMMITTEE              MARLBOROUGH EDUCATORS ASSOCIATION.

APPENDIX A

2012-2013

 

BA

B +30

MA

MA+30

MA+45

MA+60

CAGS

1

$43,508

$46,686

$48,089

$50,798

$51,984

$52,478

$53,184

2

$45,386

$48,713

$50,125

$52,829

$54,012

$54,507

$55,211

3

$47,592

$50,895

$52,308

$54,867

$56,053

$56,548

$57,263

4

$49,755

$53,287

$54,685

$57,422

$58,608

$59,103

$59,808

5

$51,813

$55,337

$56,739

$59,508

$60,705

$61,208

$61,924

6

$53,874

$57,387

$58,809

$61,599

$62,798

$63,300

$64,018

7

$56,965

$60,716

$62,122

$64,764

$65,975

$66,468

$67,172

8

$59,611

$63,063

$64,651

$67,469

$68,674

$69,168

$69,873

9

$61,996

$65,585

$67,236

$70,168

$71,420

$71,936

$72,668

10

$68,194

$72,144

$73,960

$77,184

$78,562

$79,130

$79,934

15

$70,710

$74,785

$77,119

$80,557

$82,059

$82,567

$83,288

20

$71,633

$75,708

$78,039

$81,479

$82,981

$83,488

$84,210

30

$72,173

$76,211

$78,521

$81,927

$83,414

$83,916

$84,631

Steps 15 and 20 are eliminated and former Steps 25 and 30 become Steps 15 and 20

Bargaining unit members on step 30 as of September 1, 2008 shall remain on Step 30 and after that date no one moves onto Step 30

[CAGS lane shall include CAGS, PhD, EDD, and 2M] Employees hired after January 4, 2001, shall not be eligible for the B+30 column.

APPENDIX A 2013-2014

 

BA

B +30

MA

MA+30

MA+45

MA+60

CAGS

1

$44,378

$47,620

$49,051

$51,814

$53,024

$53,528

$54,247

2

$46,294

$49,687

$51,127

$53,885

$55,092

$55,597

$56,315

3

$48,544

$51,913

$53,354

$55,964

$57,174

$57,679

$58,408

4

$50,750

$54,353

$55,779

$58,570

$59,780

$60,285

$61,004

5

$52,849

$56,444

$57,873

$60,698

$61,919

$62,432

$63,163

6

$54,952

$58,535

$59,985

$62,831

$64,054

$64,566

$65,299

7

$58,104

$61,930

$63,365

$66,059

$67,294

$67,798

$68,516

8

$60,803

$64,324

$65,944

$68,818

$70,047

$70,552

$71,271

9

$63,236

$66,897

$68,581

$71,571

$72,849

$73,374

$74,121

10

$69,558

$73,586

$75,439

$78,728

$80,134

$80,712

$81,533

15

$72,125

$76,281

$78,662

$82,168

$83,700

$84,218

$84,954

20

$73,065

$77,223

$79,600

$83,108

$84,641

$85,158

$85,894

30

$73,617

$77,736

$80,091

$83,566

$85,082

$85,595

$86,324

Steps 15 and 20 are eliminated and former Steps 25 and 30 become Steps 15 and 20

Bargaining unit members on step 30 as of September 1, 2008 shall remain on Step 30 and after that date no one moves onto Step 30

[CAGS lane shall include CAGS, PhD, EDD, and 2M] Employees hired after January 4, 2001, shall not be eligible for the B+30 column.

2014-2015

 

BA

B +30

MA

MA+30

MA+45

MA+60

CAGS

1

$45,266

$48,573

$50,032

$52,850

$54,084

$54,598

$55,332

2

$47,220

$50,681

$52,150

$54,963

$56,194

$56,709

$57,441

3

$49,515

$52,951

$54,421

$57,083

$58,318

$58,832

$59,576

4

$51,765

$55,440

$56,895

$59,742

$60,976

$61,491

$62,224

5

$53,906

$57,573

$59,031

$61,912

$63,158

$63,681

$64,426

6

$56,051

$59,706

$61,185

$64,087

$65,335

$65,858

$66,605

7

$59,266

$63,168

$64,632

$67,380

$68,640

$69,154

$69,886

8

$62,019

$65,610

$67,263

$70,195

$71,448

$71,963

$72,696

9

$64,500

$68,235

$69,953

$73,003

$74,306

$74,842

$75,604

10

$70,949

$75,058

$76,948

$80,303

$81,736

$82,326

$83,164

15

$73,567

$77,807

$80,235

$83,811

$85,374

$85,903

$86,653

20

$74,527

$78,767

$81,192

$84,770

$86,334

$86,861

$87,612

30

$75,089

$79,290

$81,693

$85,237

$86,783

$87,307

$88,051

Steps 15 and 20 are eliminated and former Steps 25 and 30 become Steps 15 and 20

Bargaining unit members on step 30 as of September 1, 2008 shall remain on Step 30 and after that date no one moves onto Step 30

[CAGS lane shall include CAGS, PhD, EDD, and 2M] Employees hired after January 4, 2001, shall not be eligible for the B+30 column.

APPENDIX C

COACHES

  

 Title

 Sport

 Season

 2011-12

 2012-2013

 2013-2014

 2014-2015

 Category I

  

  

  

  

  

  

  

  

 Head Coach

 Football

 Fall

$9,987

$10,187

$10,390

$10,598

  

 Athletic Trainer

 All

 Fall

$9,987

$10,187

$10,390

$10,598

  

 Athletic Trainer

 All

 Winter

$9,987

$10,187

$10,390

$10,598

  

 Athletic Trainer

 All

 Spring

$9,987

$10,187

$10,390

$10,598

 Category II

  

  

  

  

  

  

  

  

 Head Coach

 Field Hockey

 Fall

$6,433

$6,562

$6,693

$6,827

  

 Facility Equipment Manager

 All

 Fall

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Soccer (boys)

 Fall

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Soccer (girls)

 Fall

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Volleyball (girls)

 Fall

$6,433

$6,562

$6,693

$6,827

  

 Asst. Var. Coach

 Football

 Fall

$6,433

$6,562

$6,693

$6,827

  

 Jr. Var. Coach

 Football

 Fall

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Basketball (boys)

 Winter

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Basketball (girls)

 Winter

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Ice Hockey (boys)

 Winter

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Ice Hockey (girls)

 Winter

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Wrestling

 Winter

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Indoor Track (boys)

 Winter

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Indoor Track (girls)

 Winter

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Baseball

 Spring

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Softball

 Spring

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Volleyball (boys)

 Spring

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Lacrosse (boys)

 Spring

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Lacrosse (girls)

 Spring

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Outdoor Track (boys)

 Spring

$6,433

$6,562

$6,693

$6,827

  

 Head Coach

 Outdoor Track (girls)

 Spring

$6,433

$6,562

$6,693

$6,827

 Category III

  

  

  

  

  

  

  

  

 Asst. Var. Coach

 Football

 Fall

$4,827

$4,924

$5,022

$5,122

  

 Asst. Var. Coach

 Soccer (girls)

 Fall

$4,827

$4,924

$5,022

$5,122

  

 Asst. Var. Coach

 Soccer (boys)

 Fall

$4,827

$4,924

$5,022

$5,122

  

 Asst. Var. Coach

 Basketball (boys)

 Winter

$4,827

$4,924

$5,022

$5,122

  

 Asst. Var. Coach

 Basketball (girls)

 Winter

$4,827

$4,924

$5,022

$5,122

  

 Asst. Var. Coach

 Baseball

 Spring

$4,827

$4,924

$5,022

$5,122

  

 Asst. Var. Coach

 Softball

 Spring

$4,827

$4,924

$5,022

$5,122

 Category IV

  

  

  

  

  

  

  

  

 Head Coach

 Cross Country (boys)

 Fall

$4,160

$4,243

$4,328

$4,415

  

 Head Coach

 Cross Country (girls)

 Fall

$4,160

$4,243

$4,328

$4,415

 Category V

  

  

  

  

  

  

  

  

 Head Coach

 Golf

 Spring

$3,939

$4,018

$4,098

$4,180

 Category VI

  

  

  

  

  

  

  

  

 Head Coach

 Cheerleading

 Fall

$3,533

$3,604

$3,676

$3,749

  

 Head Coach

 Cheerleading

 Winter

$3,533

$3,604

$3,676

$3,749

  

 Head Coach

 Gymnastics (boys)

 Winter

$3,533

$3,604

$3,676

$3,749

  

 Head Coach

 Gymnastics (girls)

 Winter

$3,533

$3,604

$3,676

$3,749

  

 Head Coach

 Tennis (boys)

 Spring

$3,533

$3,604

$3,676

$3,749

  

 Head Coach

 Tennis (girls)

 Spring

$3,533

$3,604

$3,676

$3,749

 Category VII

  

  

  

  

  

  

  

  

 Jr. Var. Coach

 Football

 Fall

$3,326

$3,393

$3,460

$3,530

  

 Head Coach Fr.

 Football

 Fall

$3,326

$3,393

$3,460

$3,530

  

 Head Coach MS

 Football

 Fall

$3,326

$3,393

$3,460

$3,530

 Category VIII

  

  

  

  

  

  

  

  

 Jr. Var Coach

 Field Hockey

 Fall

$3,222

$3,286

$3,352

$3,419

  

 Jr. Var Coach

 Volleyball (girls)

 Fall

$3,222

$3,286

$3,352

$3,419

  

 Jr. Var Coach

 Soccer (boys)

 Fall

$3,222

$3,286

$3,352

$3,419

  

 Jr. Var Coach

 Soccer (girls)

 Fall

$3,222

$3,286

$3,352

$3,419

  

 Jr. Var Coach

 Basketball (boys)

 Winter

$3,222

$3,286

$3,352

$3,419

  

 Jr. Var Coach

 Basketball (girls)

 Winter

$3,222

$3,286

$3,352

$3,419

  

 Jr. Var Coach

 Ice Hockey (boys)

 Winter

$3,222

$3,286

$3,352

$3,419

 Jr. Var Coach

 Ice Hockey (girls)

 Winter

3,222

$3,286

$3,352

$3,419

  

 Jr. Var Coach

 Wrestling

 Winter

$3,222

$3,286

$3,352

$3,419

  

 Asst. Var. Coach

 Indoor Track (boys)

 Winter

$3,222

$3,286

$3,352

$3,419

  

 Asst. Var. Coach

 Indoor Track (girls)

 Winter

$3,222

$3,286

$3,352

$3,419

  

 Jr. Var Coach

 Baseball

 Spring

$3,222

$3,286

$3,352

$3,419

  

 Jr. Var Coach

 Softball

 Spring

$3,222

$3,286

$3,352

$3,419

  

 Jr. Var Coach

 Volleyball (boys)

 Spring

$3,222

$3,286

$3,352

$3,419

  

 Asst. Coach

 Outdoor Track (boys)

 Spring

$3,222

$3,286

$3,352

$3,419

  

 Asst. Coach

 Outdoor Track (girls)

 Spring

$3,222

$3,286

$3,352

$3,419

  

 Jr. Var. Coach

 Lacrosse (boys)

 Spring

$3,222

$3,286

$3,352

$3,419

  

 Jr. Var. Coach

 Lacrosse (girls)

 Spring

$3,222

$3,286

$3,352

$3,419

 Category IX

  

  

  

  

  

  

  

  

 Jr. Var Coach

 Cheerleading

 Fall

$3,113

$3,175

$3,239

$3,304

  

 Jr. Var Coach

 Cheerleading

 Winter

$3,113

$3,175

$3,239

$3,304

  

 Head Coach

 Marksmanship

 Winter

$3,113

$3,175

$3,239

$3,304

 Category X

  

  

  

  

  

  

  

  

 Asst. Coach Fr.

 Football

 Fall

$2,910

$2,968

$3,028

$3,088

  

 Asst. Coach MS

 Football

 Fall

$2,910

$2,968

$3,028

$3,088

 Category XI

  

  

  

  

  

  

  

  

 No Positions

  

  

  

  

  

  

 Category XII

  

  

  

  

  

  

  

  

 Coach Fr.

 Soccer (boys)

 Fall

$2,591

$2,643

$2,696

$2,750

  

 Coach Fr.

 Soccer (girls)

 Fall

$2,591

$2,643

$2,696

$2,750

  

 Coach Fr.

 Field Hockey

 Fall

$2,591

$2,643

$2,696

$2,750

  

 Coach Fr.

 Volleyball (girls)

 Fall

$2,591

$2,643

$2,696

$2,750

  

 Coach Fr.

 Basketball (boys)

 Winter

$2,591

$2,643

$2,696

$2,750

  

 Coach Fr.

 Basketball (girls)

 Winter

$2,591

$2,643

$2,696

$2,750

  

 Coach Fr.

 Softball (girls)

 Winter

$2,591

$2,643

$2,696

$2,750

  

 Coach Fr.

 Volleyball (boys)

 Spring

$2,591

$2,643

$2,696

$2,750

  

 Coach Fr.

 Baseball

 Spring

$2,591

$2,643

$2,696

$2,750

  

 Asst. Coach

 Golf

 Spring

$2,591

$2,643

$2,696

$2,750

  

 Coach Fr.

 Lacrosse (boys)

 Spring

$2,591

$2,643

$2,696

$2,750

 Coach Fr.

 Lacrosse (boys)

 Spring

$2,591

$2,643

$2,696

$2,750

Category XIII

  

 Asst. Coach

 Marksmanship (b&g)

 Winter

$2,494

$2,544

$2,595

$2,647

 Category XIV

  

  

  

  

  

  

  

  

 Coach MS

 Cross Country (boys)

 Fall

$2,385

$2,433

$2,481

$2,531

  

 Coach MS

 Cross Country (girls)

 Fall

$2,385

$2,433

$2,481

$2,531

  

 Coach MS

 Soccer (boys)

 Fall

$2,385

$2,433

$2,481

$2,531

  

 Coach MS

 Soccer (girls)

 Fall

$2,385

$2,433

$2,481

$2,531

  

 Coach MS

 Field Hockey

 Fall

$2,385

$2,433

$2,481

$2,531

  

 Coach MS

 Basketball (boys)

 Winter

$2,385

$2,433

$2,481

$2,531

  

 Coach MS

 Basketball (girls)

 Winter

$2,385

$2,433

$2,481

$2,531

  

 Coach MS

 Baseball

 Spring

$2,385

$2,433

$2,481

$2,531

  

 Coach MS

 Softball

 Spring

$2,385

$2,433

$2,481

$2,531

  

 Coach MS

 Outdoor Track (boys)

 Spring

$2,385

$2,433

$2,481

$2,531

  

 Coach MS

 Outdoor Track (girls)

 Spring

$2,385

$2,433

$2,481

$2,531

 Category XV

  

  

  

  

 $ -

 $ -

 $ -

  

 Asst. Coach

 Gymnastics (boys)

 Winter

$1,670

$1,703

$1,737

$1,772

 Asst. Coach

 Gymnastics (girls)

 Winter

$1,670

$1,703

$1,737

$1,772

APPENDIX C2

INTRAMURAL COACHES MIDDLE SCHOOL

 

Title

Season

 

2011-12

2012-2013

2013-2014

2014-2015

Category I

 

 

 

 

 

 

 

 

Intramural Directors

Fall

$

1,600

1,632

1,665

1,698

 

Intramural Directors

Winter

$

1,600

1,632

1,665

1,698

 

Intramural Directors

Spring

$

1,600

1,632

1,665

1,698

Category

 

 

 

 

 

 

 

II

Intramural

 

 

 

0

0

0

 

Supervisors Intramural

Fall

$

1,417

1,445

1,474

1,504

 

Supervisors Intramural

Winter

$

1,417

1,445

1,474

1,504

 

Supervisors

Spring

$

1,417

1,445

1,474

1,504

Appendices C, C2, D and E shall be reviewed and updated where appropriate.   In the event that any position set forth in one of the appendices is increased, the percentage increase set forth below shall not be applicable to that position for the year of the increase only.

APPENDIX D

LEADERSHIP STIPENDS FOR ADDITIONAL CONTRACT DAYS

 

Title

2011-12           

 2012-2013

2013-2014

2014-2015

Category I

 

1.5% Day 93+

 

 

 

 

Guidance Coordinator

9,844

10,041

10,242

10,447

Category II

 

 

 

 

 

 

SPED Coordinator

6,204

6,328

6,455

6,584

Category III

 

 

 

 

 

 

Eng. Lang. Arts Coordinator

5,209

5,313

5,419

5,528

 

Mathematics Coordinator Science

5,209

5,313

5,419

5,528

 

Coordinator

5,209

5,313

5,419

5,528

 

Soc. Stud. Coordinator

5,209

5,313

5,419

5,528

 

World Lang. Coordinator

5,209

5,313

5,419

5,528

 

Tech. Ed. Coordinator

5,209

5,313

5,419

5,528

 

Consumer & Family Science Coordinator

5,209

5,313

5,419

5,528

 

Health/ Wellness Coordinator

5,209

5,313

5,419

5,528

 

Art Coordinator

5,209

5,313

5,419

5,528

 

Music Coordinator

5,209

5,313

5,419

5,528

 

Business/School-to-Career Coordinator

5,209

5,313

5,419

5,528

 

Library Coordinator

5,209

5,313

5,419

5,528

 

School Health Coordinator

5,209

5,313

5,419

5,528

 

Media Coordinator

5,209

5,313

5,419

5,528

Category IV

Guidance

 

 

 

 

 

Counselor

4,525

4,616

4,708

4,802

 

Team Chairs

4,525

4,616

4,708

4,802

 

School Adjustment Counselor

4,525

4,616

4,708

4,802

 

Teacher Leaders

4,525

4,616

4,708

4,802

 

Attendance Officer

4,525

4,616

4,708

4,802

 

English Language Learners Coordinator School Nurse

4,525

4,616

4,708

4,802

Category V

 

 

 

 

 

Appendices C, C2, D and E shall be reviewed and updated where appropriate.   In the event that any position set forth in one of the appendices is increased, the percentage increase set forth below shall not be applicable to that position for the year of the increase only.

All Category III stipends requires working 20 additional days per school year as mutually agreed upon with supervisor.

All Category IV stipends requires working 10 additional days per school year as mutually agreed upon with supervisor, with the exception of the School Nurse who must work an additional 5 days per school year as mutually agreed upon with the supervisor.

APPENDIX E

STUDENT ACTIVITIES ADVISORS'    SCHEDULES

HIGH SCHOOL STUDENT ACTIVITIES ADVISORS' SCHEDULE

Title

2011-2012 Day 93+

2012-2013

2013-2014

2014-2015

Category I

 

 

 

 

 

 

 Yearbook Production

 4,432

 4,521

 4,611

 4,703

 Category II

 

 

 

 

 

 

 Band Director

 3,878

 3,956

 4,035

 4,115

 

 Student Activity Coordinator

 3,878

 3,956

 4,035

 4,115

 

 Student Activity Financial Coordinator

 3,955

 8,000

 8,000

 

 Yearbook Financial

 3,878

 3,956

 4,035

 4,115

 Category III

 

 

 

 

 

 

 Senior Class

 2,670

 2,723

 2,778

 2,833

 

 Student Council

 2,670

 2,723

 2,778

 2,833

 

 Advisory Advisor

 2,670

 2,723

 2,778

 2,833

 Category IV

 

 

 

 

 

 

 Academic Decathlon

 2,052

 2,093

 2,135

 2,178

 

 AFS

 2,052

 2,093

 2,135

 2,178

 

 Business Prof. Of America

 2,052

 2,093

 2,135

 2,178

 

 Freshman Class

 2,052

 2,093

 2,135

 2,178

 

 Junior Class

 2,052

 2,093

 2,135

 2,178

 

 N.H.S.

 2,052

 2,093

 2,135

 2,178

 

 Peer Leader

 

 2,093

 2,135

 2,178

 

 Peer Mediation

 

 2,093

 2,135

 2,178

 

 Public Relations Club

 2,052

 2,093

 2,135

 2,178

 

 Sophomore Class

 2,052

 2,093

 2,135

 2,178

 

 Real World Design

 

 2,093

 2,135

 2,178

 Category V

 

 

 

 

 

 

 Arts Club

 

 

 

 

 

 Astronomy Club

 1,948

 1,987

 2,027

 2,067

 

 Chinese Club

 

 1,987

 2,027

 2,067

 

 Debating Club

 1,948

 1,987

 2,027

 2,067

 

 Drama Club

 1,948

 1,987

 2,027

 2,067

 

 Fitness Club

 1,948

 1,987

 2,027

 2,067

 

 French Club

 1,987

 2,027

 2,067

 

 Gay Straight Alliance

 1,948

 1,987

 2,027

 2,067

 

 Interact Club

 1,948

 1,987

 2,027

 2,067

 

 interact Club Phoenix

 1,987

 2,027

 2,067

 

 International Club

 1,948

 1,987

 2,027

 2,067

 

 Latin Club

 1,948

 1,987

 2,027

 2,067

 

 Literary Magazine

 1,948

 1,987

 2,027

 2,067

 

 Mathematics Club

 1,948

 1,987

 2,027

 2,067

 Musical Director

 1,948

 1,987

 2,027

 2,067

 

 Musical Producer

 1,948

 1,987

 2,027

 2,067

 

 National Art Honor Society

 1,987

 2,027

 2,067

 

 Newspaper

 1,948

 1,987

 2,027

 2,067

 

 Pep Club

 1,948

 1,987

 2,027

 2,067

 

 Ping Pong

 

 1,987

 2,027

 2,067

 

 SADD

 1,948

 1,987

 2,027

 2,067

 

 Science Club

 1,948

 1,987

 2,027

 2,067

 

 Ski Club

 1,948

 1,987

 2,027

 2,067

 

 Spanish Club

 1,948

 1,987

 2,027

 2,067

 

 Tri-M

 

 1,987

 2,027

 2,067

 

 Varsity Club

 1,948

 1,987

 2,027

 2,067

 Category V

 

 

 

 

 

 

 Art Club

 1,948

 1,987

 2,027

 2067

 

 Art Club

 1,948

 1,987

 2,027

 2067

 

 Dance Club 5/6

 1,948

 1,987

 2,027

 2067

 

 Dance Club 7/8

 1,948

 1,987

 2,027

 2067

 

 Future Problem Solvers

 1,948

 1,987

 2,027

 2067

 

 Future Problem Solvers

 1,948

 1,987

 2,027

 2067

 

 Japanese Exchange Club

 1,948

 1,987

 2,027

 2067

 

 Musical Director

 1,948

 1,987

 2,027

 2,067

 

 Musical Producer

 1,948

 1,987

 2,027

 2,067

 

 Newspaper Club

 1,948

 1,987

 2,027

 2067

 

 Newspaper Club

 1,948

 1,987

 2,027

 2067

 

 Robotics

 1,948

 1,987

 2,027

 2067

 

 Ski Club

 1,948

 1,987

 2,027

 2,067

 

 Student Activity Acct & Activity Coord.

 1,948

 1,987

 2,027

 2067

 

 Student Council Advisor 5/6

 1,948

 1,987

 2,027

 2067

 

 Student Council Advisor 5/6

 1,948

 1,987

 2,027

 2067

 

 Student Council Advisor 7/8

 1,948

 1,987

 2,027

 2,067

 Yearbook Advisor

 1,948

 1,987

 2,027

 2,067

Appendices C, C2, D and E shall be reviewed and updated where appropriate.   In the event that any position set forth in one of the appendices is increased, the percentage increase set forth below shall not be applicable to that position for the year of the increase only.

Appendix F

Mentoring Program

The parties agree to establish a sub-committee comprised of not more than three (3) members appointed by the respective negotiating teams to this Agreement for a total of six (6) to review the mentoring program.   The sub­committee shall report to the negotiating team by September, 2007.

ADDENDUM A

Addendum  A

 

 

FY  2008  Plan

 

 

EPO/HMO

PPO

 

All In-Network

In-Network

Out-of-Network

Deductible:

-

-

$200  ind  /  $400  fam

Lifetime Max:

 

 

Max out of pocket:

 

$1000/$2000

(Includes at 20%)

 

 

In-patient co-pays:

$0

$0

Ambulatory surgery co-pays:

$0

$0

Physician co-pays:

$10

$10

20%  co-insurance

Routine Care

 

 

Routine Vision Exam

 

 

Routine GYN Exam

 

 

ER room co-pays:

$50

$50

20%  co-insurance

Co-insurance

 

20%  co-insurance

Rx co-pays:

$5  Generic

$5  Generic

(Retail)

$10 Preferred Brand

$10 Preferred Brand

 

$25  Non  Preferred  Brand

$25  Non  Preferred Brand

 

 

FY 2009  Plan

EPO/HMO

PPO

All In-Network

In-Network

Out-of-Network

 

$200  ind  /  $400  fam

 

$1000/$2000

250  $500 /$1,000

250  $500/$1,000

$150  $550/$1,000

$150  $500/$1,000

$15

$15

20%  co-insurance

$75

$75

20%  co-insurance

 

20%  co-insurance

$10   Generic

$10   Generic

$20  Preferred  Brand

$20  Preferred  Brand

$35  Non   Preferred  Brand

$35  Non   Preferred  Brand

Teacher and Caseload Educator Model Contract Language

Table of Contents

(1) Purpose of Educator Evaluation

(2) Definitions

(3) Evidence Used in Evaluation

(4) Rubric

(5) Evaluation Cycle:    Training

(6) Evaluation Cycle:      Annual Orientation

(7) Evaluation Cycle:      Self-Assessment

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

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

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

(11)      Observations

(12)      Evaluation Cycle:    Formative Assessment

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

(14)      Evaluation Cycle:    Summative Evaluation

(15)      Educator Plans :    General

(16)      Educator Plans:    Developing Educator Plan

(17)      Educator Plans:    Self-Directed Growth Plan

(18)      Educator Plans:    Directed Growth Plan

(19)      Educator Plans:    Improvement Plan

(20)      Timelines

(21)      Career Advancement

(22)      Rating Impact on Student Learning Growth

(23)      Using Student feedback in Educator Evaluation

(24)      Using Staff feedback in Educator Evaluation

(25)      Transition from Existing Evaluation System

(26)      General Provisions

Teacher and Caseload Educator Contract

1)     Purpose of Educator Evaluation

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

B)       The regulatory purposes of evaluation are:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ii)     Notification:    The Educator shall be notified in writing of his/he Evaluator and the plan on which he/she is placed on or before the Friday after Labor Day of each new evaluation cycle.    The Evaluator may be changed upon notification in writing, and with two weeks notice, to the Educator.

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

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

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

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

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

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

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

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

S)       *Observation:    A data gathering process that includes notes and determinations made during one or more classroom or worksite visits(s) of at least 10 minutes duration by the Evaluator and may include examination of artifacts of practice including student work. Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator.      Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator. Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article.

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

U)       *Performance Rating: Describes the Educators performance on each performance standard and overall.    There shall be four performance ratings:

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

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

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

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

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

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

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

Y)       Rating of Overall Educator Performance:    The Educators overall performance rating is based on the Evaluators professional judgment and examination of evidence of the Educators performance against the four Performance Standards and the Educators attainment of goals set forth in the Educator Plan, as follows:

i)       Standard 1:    Curriculum, Planning and Assessment

ii)     Standard 2:    Teaching All Students

iii)   Standard 3:    Family and Community Engagement

iv)   Standard 4:    Professional Culture

v)     Attainment of Professional Practice Goal(s)

vi)   Attainment of Student Learning Goal(s)

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

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

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

iii)   Elements:    Defines the individual components under each indicator

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

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

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

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

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

3)     Evidence Used In Evaluation

The following categories of evidence shall be used in evaluating each Educator:

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

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

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

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

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

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

i)       Unannounced observations of practice of at least ten minutes in duration.

ii)     Announced observation(s) Examination of Educator work products. iii)   Examination of student work samples.

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

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

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

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

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

iii)   Evidence of progress toward student learning outcomes goal(s). iv)   Student and Staff Feedback see # 23-24, below; and

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

4)     Rubric

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

5)     Evaluation Cycle:    Training

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

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

6)     Evaluation Cycle:    Annual Orientation

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

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

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

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

7)     Evaluation Cycle:    Self-Assessment

A)       Completing the Self-Assessment

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

ii)     The self-assessment includes:

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

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

(c)    Proposed goals to pursue:

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

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

B)       Proposing the goals

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PTS

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

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

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

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

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

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

A)       The Educator whose overall rating is proficient or exemplary must have at least one unannounced observation during the evaluation cycle.

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

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

11)   Observations

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

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

A)       Unannounced Observations

i)       Unannounced observations may be in the form of partial or full-period classroom visitations deemed useful by the Evaluator.

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

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

B)       Announced Observations

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

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

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

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

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

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

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

(1st)       Describe the basis for the Evaluators judgment.

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

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

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

12)     Evaluation Cycle:    Formative Assessment

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

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

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

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

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

F)       The Evaluator shall complete the Formative Assessment report and provide a copy to the Educator. All Formative Assessment reports must be signed by the Evaluator and delivered in a confidential manner.

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

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

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

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

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

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

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

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

D)       The Evaluator shall complete the Formative Evaluation report and provide a copy to the Educator. All Formative Evaluation reports must be signed by the Evaluator and delivered in a confidential manner.

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

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

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

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

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

14)     Evaluation Cycle:    Summative Evaluation

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

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

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

D)       For an educator whose overall performance rating is exemplary or proficient and whose impact on student learning is low, the evaluators supervisor shall discuss and review the rating with the evaluator and the supervisor shall confirm or revise the educators rating.

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

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

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

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

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

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

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

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

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

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

N)       A copy of the signed final Summative Evaluation report shall be filed in the Educators personnel file.

15)   Educator Plans General

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

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

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

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

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

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

16)   Educator Plans:    Developing Educator Plan

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

B)       The Educator shall be evaluated at least annually.

17)   Educator Plans:    Self-Directed Growth Plan

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

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

18)   Educator Plans:    Directed Growth Plan

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

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

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

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

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

19)   Educator Plans:    Improvement Plan

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

B)       The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of no fewer than 90 calendar days and no more than one school year.    In the case of an Educator receiving a rating of unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins.

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

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

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

F)       The Improvement Plan process shall include:

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

ii)     The Educator may request that a representative of the Employee Organization/Association attend the meeting(s).

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

G)      The Improvement Plan shall:

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

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

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

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

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

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

vii) Include the signatures of the Educator and Evaluator.

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

I) Decision on the Educators status at the conclusion of the Improvement Plan.

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

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

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

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

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

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

Activity:

Completed By:

Educators receive notification of their evaluator

Friday following Labor Day

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

September 15

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

Educator submits self-assessment and proposed goals

October 1

*November 20

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

October 15

*December 21st

Evaluator completes Educator Plans

November 1

*TBD

Evaluator should complete first observation of each Educator

November 15

*January 18th

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

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

January 5*

*TBD

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

February 1

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

February 15

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

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

April 20*

*TBD

Evaluator completes Summative Evaluation Report

May 15

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

June 1

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

June 10

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

June 15

Dates * and underlined are established or mutually agreed upon by both parties for 2012-2013 school year only.

A) Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes unannounced observation(s)

Anytime during the 2-year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

Evaluator completes Summative Evaluation Report

May 15 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 10 of Year 2

Evaluator and Educator sign Summative Evaluation Report

June 15 of Year 2

B)      Educators on Plans of Less than One Year

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

21.   Career Advancement

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

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

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

22.   Rating Impact on Student Learning Growth

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

Teacher and Caseload Educator Contract

23.   Using Student feedback in Educator Evaluation

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

24.   Using Staff feedback in Educator Evaluation

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

25.   Transition from Existing Evaluation System

A)       The parties agree that to address the workload issue of Evaluators, during the first evaluation cycle under this Agreement in every school or department, the names of the Educators who are being placed on Self-directed Growth Plans shall be literally or figuratively put into a hat. The first fifty (50) percent drawn shall be on a 1-year Self-directed Growth Plan and the second fifty (50) percent shall be on a 2-year Plan.

26.   General Provisions

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

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

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

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

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

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

The parties agree that there will be a continuous need to review and revise this Evaluation Procedure.    To that end, the parties agree to the following:

I.        To jointly review the Evaluation Procedure no later than June 1st of each school year;

II.        Said review shall include, but not be limited to, the parties amending, by mutual consent, collective bargaining issues, and adding any other aspect needed to implement and utilize the Evaluation Procedure; and

III.        To open the Evaluation Procedure to collective bargaining whenever DESE makes regulatory changes so that said changes can be implemented.