A G R E E M E N T

 

among

 

MARTHA’S VINEYARD SUPERINTENDENCY UNION #19 SCHOOL COMMITTEE

MARTHA’S VINEYARD REGIONAL HIGH SCHOOL DISTRICT COMMITTEE

UP-ISLAND REGIONAL SCHOOL DISTRICT COMMITTEE

THE SCHOOL COMMITTEES OF EDGARTOWN, OAK BLUFFS and TISBURY

 

and

 

MARTHA’S VINEYARD EDUCATORS ASSOCIATION

MARTHA’S VINEYARD REGIONAL TEACHERS AND EDUCATORS ASSOCIATION

 

 

TEACHERS

 

 

September 1, 2010 – August 31, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4 Pine Street, Vineyard Haven, MA 02568

508/693.2007 Fax: 508/693.3190

TABLE OF CONTENTS

 

 

    ARTICLE               TITLE                                                                                PAGE

 

            I.                      Recognition                                                                                             4

            II.                     Management Rights                                                                 4

III.                   Grievance Procedure                                                                                       4

A. Definitions                                                                                4

                                                B.  Purpose                                                                         5

                                                C.  Adjustment of Grievances                                             5

            IV.                   Protection                                                                                                7

            V.                    Hiring Procedure                                                                                   7

            VI.                   Vacancies and Promotions                                                 8

            VII.                  Resignation                                                                                                           8

A. Teachers with Professional Teacher Status                     8

                                                B. Teachers without Professional Teacher Status 8

            VIII.                 Exit Interview                                                                             9

IX.                   Assignments                                                                                              9

X.                    Evaluation                                                                                               9

XI.                   School Year                                                                                             10

            XII.                  Leave                                                                                                            11

                                                A.          Sick Leave                                                                        11

                                                B.          Temporary Leave of Absence                                 11

                                                C.        Personal Leave                                                   12

                                                D.        Extended Leave of Absence without Pay          12

                                                E.         Career Alternative Leave                                         13

                                                F.         Sabbatical Leave                                                           14

                                                G.        Jury/Court Leave                                                           15

XIII.                 Sick Leave Bank                                                                         15

            XIV.                Substitutes                                                                                               16

            XV.                  Professional Development                                                  16

            XVI.                Advisory Board                                                                          18

            XVII.               Class Size                                                                                       18

            XVIII.              Preparation Time                                                                                   18

            XIX.                Student Discipline                                                                                19

            XX.                  Lunch Period                                                                                19

            XXI.                Insurance                                                                                      19

            XXII.               Teachers' Rooms and School Facilities                                                20

            XXIII.              School Calendar                                                                                  20

            XXIV.              Miscellaneous                                                                            20

            XXV.               Payroll Deductions                                                                21

XXVI.              Association Dues                                                                                   21

XXVII.            Retirement                                                                                                23

XXVIII.           Salary Schedule                                                                                    23

                        Longevity                                                                                      24

                        Lanes                                                                                                            24

XXIX.              Work Stoppage                                                                           25

            XXX.               Reduction in Force                                                                               25

                                    Definition and Computation of Seniority                               28

                                    Bumping                                                                                          29

XXXI.              New Positions                                                                              30

            XXXII.            Extracurricular Activities and Duties                                     30

            XXXIII.           Extracurricular Activities                                                 30

            XXXIV.           Negotiation Procedure                                                                     30

            XXXV.            General                                                                                          31

            XXXVI.           Duration                                                                                        31

            XXXVII           Substance Abuse/EAP                                                                31

            XXXVIII         Study Committees                                                                                 32

           

            Appendix   A           Extracurricular Activities                                                35

                                    Stipend Categories                                                                               37

Appendix   A  Positions and Stipend Scale                                 38

 

            Appendix   A-1 For Athletic Coaches at High School                                              39

                                    Salary Schedule for AppendixA-1                                     40

           

            Appendix   B           Teachers' Salary Schedule (Vocational)                                 41

           

Appendix   C           Teachers' Salary Schedule                                                  42

 

 

 

           

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ARTICLE I

Recognition

 

 

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this contract is made this 22nd day of September, 2010, by the School Committees of Martha’s Vineyard, the Up-Island Regional School District of Martha’s Vineyard, the Martha’s Vineyard Regional Teachers and Educators Association and the Martha’s Vineyard Educators Association.  The Union Committee, the Regional High School District Committee, the Up-Island Regional School District of Martha’s Vineyard, and the School Committees of the various towns (hereinafter referred to as "the Committee") recognize the Associations for purposes of collective bargaining as the exclusive representatives of a unit consisting of all professional teaching employees, counselors and nurses but excluding the Superintendent, principals, assistant principals, assistants to principals, and non-teaching personnel.

 

Unless otherwise indicated, the employees in the above units will hereinafter be referred to as the teachers, and references to male teachers will include female teachers.

 

The Committee agrees not to negotiate with any teachers' organization other than that designated by the teachers as the exclusive agent pursuant to Chapter 763.

 

 

ARTICLE II

Management Rights

 

 

In recognition of the fact that the Committee has exclusive responsibility and authority to manage and direct, on behalf of the public, all the operations and activities of the school system to the full extent authorized by law, the Committee and the Associations agree that the Committee shall retain and reserve all its statutory rights, authority and obligations in the administration of the school department and the direction of its employees. All the functions, rights, and powers and authority which the Committee now has as provided by the Massachusetts Constitution, the General Laws of Massachusetts, Decisions of the Supreme Judicial Court of Massachusetts, the Laws of the United States, or any statute or ordinance, or may be granted or have conferred upon it, including all the customary and usual rights, powers, functions, and authority of an employer, which it has not specifically delegated or modified by express language in a specific provision of this Agreement are recognized by the Associations to be retained exclusively by the Committee and the Committee may exercise the same at its discretion without such exercise being made the subject of arbitration.

 

 

ARTICLE III

Grievance Procedure

 

 

A.        DEFINITIONS

1                    A grievance shall mean a complaint that there has been a violation, misinterpretation or inequitable application of any of the provisions of this Contract as applied to a teacher or group of teachers.

 

2                    An "aggrieved person" is the person or persons making the claim.

 

3                    A "party in interest" is any person who might be required to take action or against whom action might be taken in order to resolve the claim.

 

 

B.        PURPOSE

 

1.         The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to grievances.  Both parties agree that these proceedings will be kept informal and confidential as may be appropriate at any level of the procedure.

 

2.         Nothing herein contained will be construed as limiting the right of any teachers having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement.

 

 

C.        ADJUSTMENT OF GRIEVANCES

 

Grievances to be handled by the Association shall be presented and adjusted in the following manner (The time limits specified may, however, be extended by mutual agreement):

 

1.         Informal Procedure: A teacher with a grievance will first discuss it with his/her principal or immediate superior, either directly or through the Association's school representative, with the objective of resolving the matter informally.

 

2.         Formal Procedure:

 

a.       Level One:      If the aggrieved person prefers, he/she may file the grievance in writing with the chairman of the Association’s Committee on Professional Rights and Responsibilities (hereinafter referred to as the "PR & R Committee") within five (5) school days after the decision at Informal Procedure or fifteen (15) school days after the grievance was presented, whichever is sooner.  Within five (5) school days after the grievance has been received in writing, the Chairman of the PR & R Committee will refer it to the principal or immediate supervisor.

 

b.      If a teacher does not file a grievance in writing with the Chairman of the PR & R Committee and the written grievance is not forwarded to the Superintendent within twenty-five (25) school days after the teacher knew or should have known of the act or condition on which the grievance is based, then grievance will be considered waived.  A dispute as to whether a grievance has been waived under this paragraph will be subject to arbitration pursuant to Level Three.

 

c.       Within ten (10) school days after presentation to the principal, the principal, the teacher and representatives, not to exceed two, of the Association shall meet in an effort to settle the grievance.

 

d.      Level Two: If the grievance shall not have been disposed of at Level One to the teacher's satisfaction, and the teacher and the Association shall have determined to proceed further, the teacher and representatives, not to exceed two, of the Association shall present a written statement of the grievance to the Superintendent, who, with the principal or immediate superior, shall meet with the teacher and representatives of the Association within ten (10) school days thereafter in an effort to settle the grievance.

 

e.       Level Three: If the grievance shall not have been disposed of under Level Two to the teacher's satisfaction, and the employee and the Association shall have determined to proceed further, a written statement of the grievance shall be presented, not later than ten (10) school days after the disposition under Level Two, by the Association to the School Committee, who shall meet with the teacher, principal, Superintendent, and representatives of the Association within thirty (30) school days thereafter in an effort to settle their grievance.

 

Grievances which involve hiring, transfer, promotion, and/or discipline, if pursued beyond level two will by-pass level three and go directly to four.

 

f.        Level Four: If the aggrieved person is not satisfied with the disposition of this grievance at Level Three, or if no decision has been rendered within ten (10) school days after he/she has first met with the Committee, whichever is sooner, he/she may request in writing that the Chairman of the PR & R Committee determine if the grievance is to go to arbitration.  If the PR & R Committee determines that the grievance is meritorious and that submitting it to arbitration is in the best interest of the school system, it may submit the grievance to binding arbitration within fifteen (15) days after the decision at Level Three.  However, during the summer it will be fifteen (15) calendar days except for Saturdays, Sundays, and Holidays.

 

g.       Within ten (10) school days after such a written notice of submission to arbitration, the Committee and the PR & R Committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve.  If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association by either party.  The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.

 

h.       The arbitrator so selected will confer with representatives of the School Committee and hold hearings promptly and will issue his/her decision.  The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on issues submitted.  The arbitrator will be without power or authority to make any decision that requires the commission of an act prohibited by law or which is violative of the terms of this Agreement.  The decision of the arbitrator will be submitted to the School Committee and to the Association and will be final and binding.

 

i.         The costs for the services of the arbitrator including expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the School Committee and the Association.

 

 

ARTICLE IV

Protection

 

 

No teacher will be discharged, disciplined or reprimanded, reduced in rank or compensation, or deprived of any professional advantage without just cause, provided that the non-renewal of teachers without professional status shall not be subject to the grievance procedure under any provision of this Agreement.  In such cases the accuracy of the evaluation shall not be subject to dispute.  Teachers with professional status, as used in this Article, shall not apply to coaching positions, department heads or extra-curricular activity advisors.

 

 

ARTICLE V

Hiring Procedure

 

 

The initial salaries of teachers new to the system shall be set by the Superintendent in accordance with school committee policy, after appraisal of their training, experience and other qualifications.

 

Only documentary evidence of years of experience, properly accredited by a regional or national accrediting association, or certification by the Board of Education of any state shall be recognized, and the Superintendent in accordance with school committee policy shall act as the final decision maker on all disputed credentials.

 

The initial placement of teachers on the salary schedule shall be at the sole discretion of the Superintendent, provided that teachers shall be placed on their lane based upon degree status (Bachelors, Bachelors 30, Masters, etc.).  The step placement will be at the sole discretion of the Superintendent.  Once the terms of hiring are established, they shall not be changed, and the teacher will advance along the salary schedule in the normal manner.

 

 

ARTICLE VI

Vacancies and Promotions

 

 

A.        Whenever any vacancy occurs in a promotional position during the school year (September to June), it will be adequately publicized by the Superintendent by means of an electronic notice as far in advance of the appointment as practicable.  During the summer recess period, where the time limit permits, written notice of any such promotional vacancy will normally be given to the Associations and advertised in the local press.  In both situations, the prerequisites for the position, its duties and rate of compensation will be clearly set forth.  A promotional position is defined as any position paying a salary differential.

 

B.         All teachers will be given adequate opportunity to make application for such positions, and the Principal/Superintendent in making the appointment shall give consideration to the teacher's area of competence, major and/or minor field of study, quality of teacher performance, length of service in the Martha’s Vineyard School System, and other relevant factors.

 

C.        A teacher who desires a change in school, grade or subject matter may so notify the Superintendent, and a record of such notification shall be maintained.  Such person shall be given consideration when an appropriate vacancy occurs.

 

 

ARTICLE VII

Resignation

 

 

A.        TEACHERS WITH PROFESSIONAL TEACHER STATUS:

 

1.         No resignation will normally be accepted without thirty (30) days notice.

 

2.         No resignation shall normally be accepted which will affect the last four weeks of the school year.

 

3.         No resignation shall normally be accepted after August 1 preceding the opening of school in September of the contract year which will affect the first four (4) weeks of' the school year.

 

 

B.        TEACHERS WITHOUT PROFESSIONAL TEACHER STATUS

 

1.         The Committee agrees that any teacher without professional status who will not be rehired for the following year shall be notified by June 1.

 

2.      A teacher without professional status shall declare his/her intent not to accept a contract for the following school year not more than fifteen (15) days after the contract has been issued.

 

 

ARTICLE VIII

Exit Interview

 

 

A non-renewed teacher without professional status shall have an opportunity at his/her option, to appear before his/her respective Principal/Superintendent, with representation.

 

 

ARTICLE IX

Assignments

 

 

A.        In order to assure that pupils are taught by teachers working within their areas of competence, teachers, where feasible, will not be assigned outside the scope of their teaching certification or their major or minor field of study.

 

B.         Teachers shall be given their tentative assignments by August 1. Such assignments will be made without regard to race, creed, color, religion, nationality, sex or marital status as provided by law.

 

 

ARTICLE X

Evaluation

 

 

A.        EVALUATION

 

1.         All monitoring or observation of the work performance of a teacher will be conducted openly and with the full knowledge of the teacher.

 

2.         The use of the public address system or any other audio system shall be strictly prohibited as an evaluation device.

 

B.         Teachers will be given a copy of any formal evaluation report prepared by their superiors and will have the right to discuss such a report with their superiors.

 

C.        Upon written request, 24 hours in advance, the Superintendent of Schools will make available the cards and records of a teacher to said teacher, who will be permitted to make copies of said cards and records.  A teacher will be entitled to have an appropriate representative of the association accompany him/her during such review.  Privileged information such as references shall be deleted from the file prior to it being made public.

 

D.        No material derogatory to a teacher's conduct, service, character or personality will be placed in his/her personnel file unless the teacher has had an opportunity to review such material.  The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her 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/her answer shall be reviewed by the Superintendent and attached to the file copy.

 

E.         Any complaints regarding a teacher which form the basis for an adverse entry in the personnel file made to any member of the administration by any parent, student, or other person will be promptly called to the attention of the teacher, with names of the complainants revealed.

 

F.         Periodic evaluations of teachers will include suggestions for improvement.

 

G.        Guidelines for Administrative evaluation shall be made available to teachers at the beginning of each school year.

 

 

ARTICLE XI

School Year

 

A.        Effective September 1, 2010

 

            The normal length of the contract year shall be 183 work days.  This contract year shall include one hundred eighty (180) pupil days; two (2) preparation days; and two (2) extended half days on which half days the activities shall be teacher directed.

 

B.         Effective September 1, 2012

 

            The normal length of the contract year shall be 184 work days.  This contract year shall include one hundred eighty (180) pupil days; two (2) preparation days; and two (2) professional days, one of which is a full day, the other of which is two (2) extended half days.  The activities on the professional days shall be directed by the employers.  This represents a return to the work year in effect at the end of the prior collective bargaining agreement.

 

C.        Induction and Mentoring

 

            During the first year of employment as part of the established Induction and Mentoring Program, teachers new to the Martha’s Vineyard Public Schools are required to participate in two (2) additional orientation days prior to the opening of school.

 

           

 

 

ARTICLE XII

Leave

 

A.        SICK LEAVE:

 

Staff Members shall be allowed fifteen (15) days of sick leave in each year for absences resulting from illness or accident to the teacher.  Unused sick leave shall accumulate up to 200 days - the allowable absences in any year to be the number of days accumulated from 1963 in the service of the public schools of Martha’s Vineyard.  In the case of first year teachers in the system, sick leave will be accrued at the rate of 1.25 days per month, with the understanding that all fifteen (15) days will be available at the beginning of the school year.

 

Part-time teachers will have sick and all other leaves prorated on the basis of their position (e.g. A teacher who works 180 half-days would receive 15 half sick days.)

 

A teacher with professional status, retired by the State Retirement Board after fifteen (15) years of continuous service in the local system, shall be paid for accumulated sick leave at the rate of thirty dollars ($30.00) per day.  Upon the death of a teacher, his/her estate will receive payment for accumulated sick leave at the above rate.  For purpose of this paragraph only, and not for seniority purposes, continuous service shall mean consecutive years in the Martha’s Vineyard Public Schools, or any district thereof, which continuous service shall not be broken by authorized leaves and/or transfers between schools on the island.

 

A staff member, in the event of the serious illness of a member of his/her immediate family, may take sick leave up to a maximum of fifteen (15) days during any school year.  For the purposes of this contract, the phrase "immediate family" is construed to mean parent, spouse or spousal equivalent, children and those others for whom a recognized legal responsibility exists.

 

A doctor's certificate shall not normally be required for any absence of not more than five (5) school days on account of illness or accident.  A doctor's certificate indicating the nature and continuance of the disability shall be required if the Superintendent so desires.  The Superintendent may require further certificates for any continuing absence.

 

Upon the death of any teacher employed in the public schools of Martha’s Vineyard, his/her estate or beneficiary shall be paid as follows: Spouse or other designated person, $1,000.00 and for each dependent under the age of 21, $250.00. Provided the money is available in the budget, this may be paid in one cash settlement immediately or over a three-month period, at the request of the recipient.

 

Professional staff may transfer and use 25% of their accumulated sick time earned from continuous service in the Martha’s Vineyard Public Schools upon transferring to another school within the Martha’s Vineyard Public Schools.

 

 

B.        TEMPORARY LEAVE OF ABSENCE:

 

Each teacher shall be allowed up to three (3) days of leave with pay during each school year each time there is a death in the immediate family or grandparents, grandchildren, in-laws and siblings, except where out-of-state travel is required, in which case up to five (5) days shall be allowed.

 

Reasonable leave shall be allowed for official Association, Massachusetts Teachers Association and National Education Association matters.  There shall be provision for professional leave, with pay and expenses, at the recommendation of the Superintendent.

 

 

C.        PERSONAL LEAVE:

 

Each teacher shall be allowed up to five (5) days of leave with full pay during each school year, for the purpose of transacting or attending to personal, legal, business, household, religious, or family matters which require absence during school hours.  No more than three (3) of these days may be used consecutively.  However, upon notification to and approval by the principal, a teacher may use more than three days consecutively, for valid reasons.  It is the intention of the parties that leave under this article shall be available for reasons of hardship or other pressing need and not merely for personal convenience.  Decisions of the principal in this regard shall not be grievable or arbitrable. 

 

Except in the case of emergencies or other unusual circumstances, the teacher taking leave shall give his/her appropriate supervisor written notice including the reason of his/her intention to take such leave at least three (3) school days in advance of the day he/she proposes to be absent.

 

Personal days shall not be used to extend legal holidays or vacations.  However, upon notification to and approval of the principal, a teacher may use personal days for valid reasons, as set forth in the above paragraph without pay, on the day before and/or after a holiday or vacation.  If the teacher wishes to appeal the loss of pay, such appeal must be made to the Superintendent in advance of the day(s) taken. 

 

The days used for personal days are deducted from sick leave.

 

 

D.        EXTENDED LEAVE OF ABSENCE WITHOUT PAY:

 

1.                  Military leave will be granted to any teacher who is inducted in any branch of the armed forces of the United States.  The period of such leave shall be the period of continuous service required by such induction but shall not continue into any period of additional voluntary service.  Upon return from such leave, such teacher will be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent.

 

2.                  The Committee shall comply with the applicable Federal and State statutes with respect to maternity leave.

 

3.                  A leave of absence without pay or increment of up to two (2) years for the purpose of childrearing will be granted to a teacher who either gives birth to or adopts a child.  Upon return from a childrearing leave of absence, a teacher shall return to the step in the salary schedule which she held prior to the commencement of such leave, unless the teacher began her leave subsequent to the February vacation, in which case she shall proceed to the next step (provided she does not return during the same school year), and she shall be restored as soon as a position for which the teacher is qualified becomes available, but in no event must a teacher be returned in the midst of a school year.  Leaves of absence for male teachers for childrearing shall be granted on the same terms as for female teachers.  Teachers who wish to extend their leave into a second school year shall notify the Superintendent no later than March 15^th.

 

4.                  A leave of absence without pay or increment may be granted at the discretion of the Principal/Superintendent for the purpose of caring for a sick member of a teacher’s immediate family.

 

5.                  The Principal/Superintendent, may at its discretion, grant a leave of absence without pay or increment to a teacher to campaign for or serve in a public office, provided that any such leave, at the discretion of the Committee, shall continue through the end of a school year.

 

6.                  Any teacher whose absence because of a continuing illness or effects of accident extends beyond the period of sick leave available to him/her may be granted additional leave of absence without pay at the discretion of the school system.

 

7.                  Any teacher desiring a leave of absence heretofore described, or a leave of absence for any other reason not specified above, shall apply in writing to the Superintendent, giving reasonable advance notice, indicating the period of proposed absence and the reason therefore.  All applications for leaves or extensions shall be acted upon in writing.

 

8.                  All benefits to which a teacher was entitled at the time his/her leave of absence commenced will be restored to him/her upon return and he/she will, if practical and consistent with the maintenance of educational standards and to the extent permitted by law, be returned to an assignment comparable to that which he/she held immediately prior to going on leave.

 

 

E.         CAREER ALTERNATIVE LEAVE:

 

An alternative employment leave of absence without pay or increment may be granted under the following conditions:

 

1.                  The teacher must have taught on Martha’s Vineyard for five (5) years.

 

2.                  Applications must be filed by March 15 and plans for employment developed by June 1.

 

3.                  The leave shall be only for a period of one (1) or two (2) full school years.  No leave can be taken during the school year.  A teacher who is granted one (1) full school year leave may request an extension for a second full school year.  Said request must be submitted by March 15.  However, the granting of said extension is at the discretion of the Principal/Superintendent.

 

4.                  The leave cannot be for the purpose of teaching in a private or public elementary or secondary school system in the continental United States.

 

5.                  ·Unless the Principal/Superintendent is advised of the teacher’s expected return prior to March 15 of the year of return, said teacher’s employment shall terminate.  A teacher who notified the Principal/Superintendent that he/she will be returning must sign an individual contract with the Principal/Superintendent on or before April 10^th promising his/her return and agreeing that if he/she fails to return he/she will be liable to a forfeiture penalty of $1,000.00, unless excused by mitigating circumstances.

 

6.                  While on leave, a teacher does not avoid the application of the RIF provisions of this contract.

 

 

F.         SABBATICAL LEAVE:

 

After seven years as a teacher in the public schools of Martha’s Vineyard, or after a minimum of seven years from a previously granted sabbatical, a teacher may be granted a year of sabbatical leave for study or an educational pursuit if such study or educational pursuit will enhance the quality of education in the Martha’s Vineyard School District.  Subject to the availability of sufficient funding, requests for approval shall not be unreasonably denied.

 

Teachers granted sabbatical leave will be paid 50% of their annual salary and will be assured of reappointment in the positions they held prior to taking leave or to equivalent or higher posit-ions.  A one-semester sabbatical where appropriate may be granted.  A teacher granted such a leave would be paid 75% of his/her total salary for the year and would work only one semester.

 

Requests for Sabbatical Leave consideration shall be made to the Superintendent and the Cabinet before October 1 of the school year previous to the school year for which the Sabbatical Leave is requested.  The intended enrollment in a degree-granting program may be a valid reason for Sabbatical Leave.  Sabbatical approval will be decided by the Union School Committee based on recommendation of the Cabinet.  All sabbatical leave requests will be submitted to the Superintendent of Schools via a written proposal, on the appropriate forms, which will include rationale, background, learning objectives, planned professional growth experiences and benefits to the school system.  Each teacher granted a sabbatical leave under the provisions of this Article shall be required to submit at least two (2) written progress reports to the Superintendent during the sabbatical leave year, the first to be filed on or before December 31 and second on or before June 30.  Failure to comply with the written progress report requirement shall subject the teacher to forfeiture of any salary received by the teacher while on leave.

 

Any teacher granted a Sabbatical must return to the system for three years.  In default of returning to the school system, a teacher will refund an amount equal to such proportion of salary received while on leave.  However, the teacher shall be released from such payment if his/her failure to serve for the time stipulated is due to his/her illness, disability, death, a reason satisfactory to the Principal/Superintendent, or if he/she is discharged from his/her position by the Principal/Superintendent.

 

A teacher on Sabbatical Leave shall retain those rights of salary, seniority, and all other rights which would otherwise be his/hers if he/she were actively teaching in the system and shall be eligible for insurance benefits during the period of leave.

 

Under normal circumstance, no more than one (1) teacher shall be elected to Sabbatical Leave from any one school at any one time.  However, no more than three (3) teachers from the total school system shall be eligible each year.

 

 

G.        JURY/COURT LEAVE:

 

A teacher required to serve jury duty or who is subpoenaed to court in a case in which he/she is not a party will receive leave with pay to fulfill said obligation.  The teacher must reimburse the school for fees received in serving this obligation.

 

 

ARTICLE XIII

Sick Leave Bank

 

 

A Sick Leave Bank is available for use by eligible members of the professional staff covered by this Agreement who have exhausted their own sick leave and who have a serious illness or whose child under the age of 21 has a serious illness.

 

The Bank shall be maintained at a minimum of one (1) day per professional staff member and a maximum of two (2) days per professional staff member.  First-year teachers in the Martha’s Vineyard School System shall contribute two (2) days to the Sick Leave Bank.

 

The initial grant of sick leave by the Sick Leave Bank Committee to an eligible employee shall not exceed thirty (30) days.

 

Upon completion of the thirty (30) day period, the period of entitlement may be extended by the Sick Leave Bank Committee upon demonstration of need by the applicant.

 

The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of six (6) members.  Three (3) members shall be designated by the Committee to serve at its discretion and three (3) members shall be designated by the Associations.  The Sick Leave Bank Committee shall determine the eligibility for the use of the Bank and the amount of leave to be granted.  In the case of a tie vote, the matter shall be resolved in favor of the applicant.

 

The following criteria shall be used by the Committee in administering the Bank and in determining eligibility and amount of leave.

 

1.                  Adequate medical evidence of serious illness.

 

2.                  Prior utilization of all eligible sick leave.

3.                  Length of service in any of the school systems.

 

4.                  Propriety of use of’ previous sick leave.

 

If the Sick Leave Bank is exhausted, it shall be renewed by the contribution of one additional day of sick leave by each member of the professional staff covered by this Agreement.  Such additional days will be deducted from the teachers’ annual fifteen (15) days of sick leave.  The Sick Leave Bank Committee shall determine the time when it becomes necessary to replenish the Bank.

 

The decision of the Sick Leave Bank Committee, with respect to eligibility and entitlement, shall be final and binding and not subject to appeal.

 

 

ARTICLE XIV

Substitutes

 

 

It is the policy of the School Committee, where feasible, to hire substitutes for absent teachers.

 

Except temporarily or for good cause shown, tutors and assistants will not be required to act as substitutes for regularly appointed teachers.

 

 

ARTICLE XV

Professional Development

 

 

A.           The Committee agrees to pay up to three hundred fifty ($350.00) dollars for each semester hour taken by a teacher, not to exceed nine (9) semester hours in any year (September 1 – August 31).  Hours in excess of nine (9) credits in any one (1) year cannot be carried over to subsequent years for the purpose of reimbursement.   The course to be taken must be approved by the superintendent or the principal.  An official transcript indicating a grade of “B” or better or a “P” in a pass/fail course must be presented before payment.  To be eligible for reimbursement, a person must serve under this Contract for a period of’ six (6) months from September through June within the school year.  In addition, any teacher who takes summer courses for credit, and who is not under contract as of July 1 for the ensuing year, shall not receive payment for such credits.  Teachers who are less than full-time shall be eligible for reimbursement on a pro-rated basis.  All payments for course reimbursement will be made out of the revolving fund as outlined below.  For courses taken on-island or completed on line, the actual cost of the course will be reimbursed up to three hundred fifty dollars ($350.00) per credit.  For courses taken off-island, which requires regular off-island travel, the amount will be three hundred fifty dollars ($350.00) per credit.

 

B.   Credit for advancement on the salary scale for educationally valuable work or travel experience may be granted by the Superintendent.  Requests for travel experience credit must be submitted to the Advisory Board, which will make recommendations to the Superintendent. Normally, no reimbursement for expenses will be granted.

 

C.        A revolving account fund will be deposited in a special account in the name of the Superintendency Union School Committee (Approved by State Legislature 7/88). Effective September 1, 2000, the revolving fund will be increased to $88,000.00.  It is agreed that no more than fifty (50%) percent of the account will be earmarked for Sabbatical Leave.

 

D.        A workshop or seminar that will benefit the professional growth of both teacher and pupils will be reimbursed for reasonable expenses incurred – not to exceed one hundred dollars ($100.00). With the approval of the Principal and School Committee, a workshop or seminar which benefits teacher performance and student learning will be reimbursed for reasonable expenses incurred – not to exceed one hundred dollars ($100.00).  However, the one hundred dollars ($100. 00) may be exceeded for reasonable expenses when approved by the Principal and the School Committee.

 

E.         Distribution of funding grants will be determined by the Superintendent’s Cabinet.  The funds may be used for the following purposes as recommended by the Cabinet and approved by the Superintendency  Union School Committee:

 

1.                  Contributions toward sabbatical leaves or other educational leaves.

2.                  Course reimbursement pursuant to this Article.

3.                  Workshops/Conferences approved by the Cabinet or its designee.

 

F.         Effective September 2012, to assist the Martha’s Vineyard Public Schools educators in planning and refining a myriad of professional development needs associated with re-certification and effectively implementing the Massachusetts Curriculum Frameworks, it is agreed that two additional mandatory days, not to exceed the length of a regular school day, for purpose of professional development, will be part of the contract year.  Compensation for these days shall be one (1) graduate credit per year to be used towards advancement on the salary scale, but not to be used for re-certification.  To qualify for the one (1) graduate credit, the teacher must attend both of the days contemplated by this Section.  The content of these days shall be decided by the administration with input from a Professional Development Committee made up of teachers, administrators, and school committee members. 

ARTICLE XVI

Advisory Board

 

 

There shall be an Advisory Board representing all teachers in the public schools of Martha’s Vineyard.  The responsibility of the Board shall be to make recommendations, written and oral, to the Superintendent in the following areas: sabbatical leaves, granting of professional status, school calendar, rehiring of persons covered by this contract, consideration of course equivalents and credits relating to salary and salary increments and building program and reduction in force.  Board Members will also verify seniority lists.

Written requests for consideration for approval of credits shall be made to the Superintendent.  Where the Superintendent’s and the Advisory Board’s recommendations differ, the Board’s written recommendation shall be available to the School Committee before a decision is made.  In all cases, teachers shall be informed of the decisions in writing.

 

The Superintendent shall notify the Advisory Board of the names of all Teachers without professional status by February 1. The Board shall make any written report it wishes to make available to the Superintendent for transmission to the School Committee, such report being in the hands of the Superintendent by February 15.

 

The Advisory Board will include at least one (1) principal.  It shall also be composed of the Presidents of the two Associations and one (1) teacher elected by each elementary school and two (2) by the high school.

 

ARTICLE XVII

Class Size

 

 

The Committee and the Associations recognize the desirability of achieving optimum teaching/learning conditions by assuring workable class size, with the maximum of twenty-five (25) students.  In the event that class size in K-3 exceeds 20 and in Grades 4-12 exceeds 22 prior to the opening of school,  the building principal, school committee and the staff affected of the individual school shall meet to address the needs of those students affected and discuss possible options within budgetary and space restraints.  

 

 

ARTICLE XVIII

Preparation Time

 

 

A.        It is recognized that teacher preparation time is an important aspect of the teacher workday.  Therefore, the School Committee shall strive to provide two-hundred twenty five (225) minutes per week (based on a  five-day week) of preparation time.  In the event that a scheduling problem exists, the building principal and staff of the individual school shall meet to resolve the issue.  It shall not be subject to arbitration.

 

B.          An effort will be made to limit the number and length of mandatory meetings before and after school in order to allow time for teachers to meet their other professional responsibilities of planning and preparing lessons and units, student and parent contact, evaluation and assessment of students’ progress, and their own professional development. 

 

C.         It is expected that teachers will prepare and complete lessons plans of their own design and make these available upon request from management.  The lessons plans shall align with district and state curriculum frameworks.

 

 

ARTICLE XIX

Student Discipline

 

 

If a student is sent to the principal for disciplinary reasons with a written note from the teacher, the principal will acknowledge in writing receipt of the note and the fact that the matter has been dealt with.

 

 

ARTICLE XX

Lunch Period

 

 

Teachers, with the approval of the principal or his/her designee, will be permitted to leave the building during their lunch period.

 

 

ARTICLE XXI

Insurance

 

 

A.                 Seventy-five (75%) percent of the cost of a Regional School health insurance plan, with the identical benefits in effect on September 1, 1989, will be paid by the Employer; the percentage of premiums in elementary systems will be consistent with the vote of the respective towns.  The school district shall have the option to offer health insurance plans in addition to those currently offered so long as doing so is consistent with the requirements and limitations of Mass. G.L. c. 32B.

 

B.         Towns will share the cost of term life insurance.

 

C.        Insurance annuities shall, upon the request of the teacher involved, be deducted from his/her salary over a period of time.

 

D.        50% of the cost of a Regional High School and Up-Island Regional School dental insurance plan will be paid by the Employer, whether the plan is an individual or family plan.  In the elementary systems, 50% of the premium cost will be paid by the Employer for those employees who voluntarily enroll in a Town dental plan if available.  Proof of such enrollment must be provided to the Employer.

 

E.         Healthcare

 

Effective September 1, 2010 and once an open enrollment can be established, staff in the two regional districts will have the opportunity to switch from the Master Medical/Master Health Plus plan to either a PPO or HMO.  They will receive an incentive payment for doing so as follows:  Single - $250, Parent/Child - $500, Family - $750

           

Effective September, 2011 – The Master Medical/Master Health Plus plan will be eliminated and all staff in the regional districts will switch to PPO or HMO.

 

A sub-committee will be formed to meet with the down-island towns and seek their participation in a similar plan for all school employees effective September 1, 2010..

 

 

ARTICLE XXII

Teachers' Rooms and School Facilities

 

 

A.        Each school shall provide its staff with appropriate lavatories and teacher’s rooms.

 

B.         Subject to considerations involving the energy crisis, faculty members have the right, with proper notification, to use school facilities for activities related to their teaching assignment.

 

 

ARTICLE XXIII

School Calendar

 

 

Each year prior to the adoption of the school calendar for the following school year, the Advisory Board will be given a copy of the proposed calendar.  If the Advisory Board does not concur with the proposed calendar, it may submit recommended changes to the Superintendent, who will consider the recommendations prior to submitting the proposed calendar to the School Committee.

 

 

ARTICLE XXIV

Miscellaneous

 

 

A.        Teachers will not be required to perform health services, such as administering eye or ear examinations and weighing and measuring pupils.

 

B.         Teachers will not be responsible for making repairs or cleaning rooms.

 

C.        Teachers shall not be required to keep money in their rooms or on their person, and money turned in to the office shall be accepted.

 

D.        Teachers who are required, as part of their daily or weekly schedule, to travel between schools shall be reimbursed per mile at the reimbursement rate recognized by the Internal Revenue Service.

 

E.         The Associations may make recommendations for in-service credit courses. If courses are approved by the School Committee, the teachers will receive credit for salary schedule movement.

 

F.                  A teacher required to teach additional period(s) beyond the norm at the high school will receive a stipend of twenty-five dollars ($ 25.00) per period, or fifty dollars ($ 50.00) under the block schedule format.

 

G.        It was agreed during negotiations for the 2004-2007 contract that teachers will arrive ten (10) minutes before attendance is taken.  Furthermore, it is expected that teachers will provide supervision to students that remain in the classroom after the close of the school day.  This clarification is not intended to affect, change or otherwise modify the current scheduling in place at the various schools with regard to meetings and other activities before and after school. 

 

 

ARTICLE XXV

Payroll Deductions

 

 

A.        Teachers agree that insurance annuities may be deducted from their salaries over a period of time.

 

B.         The town will share the cost of the following:

 

            1.         Term life insurance.

 

2.         Individual or family coverage, whichever applies in the particular case, health insurance plan of the type generally available to teachers - these to be consistent with the vote of the town.

 

 

ARTICLE XXVI

Association Dues

 

 

A.        The Committee agrees to deduct, from the salaries of teachers, dues for the Martha’s Vineyard Educators Association, the Martha’s Vineyard Regional Teachers and Educators Association, the Massachusetts Teachers Association and the National Education Association, provided that the teacher, individually and voluntarily, authorizes the Committee to deduct on a form mutually acceptable to the parties. Deductions shall be made in equal installments between the months from October to March. 

 

The amount of dues to be deducted for each school year must be certified by the Associations to the School Committee by September 15.

 

Every employee covered by this Agreement who is not a member in good standing of the Associations, shall pay or, by payroll deduction, shall have paid to the Association an agency service fee of up to ninety-five percent (95%) of the annual dues per year; provided, however, that in no case shall such condition arise before the thirtieth day next following the date of the beginning of the employee's employment or the effective date of this Agreement, whichever date shall be the later.  The amount of said annual dues must be certified by the Associations to the School Committee by September 15.

 

B.         The Committee agrees to deduct from the salaries of its employees dues or agency fee payments for the Martha’s Vineyard Educators Association, Martha’s Vineyard Regional Teachers and Educators Association and the National Education Association, or any one of such Associations as said teachers, individually and voluntarily, authorize the committee to deduct and to transmit the monies promptly to such Association or Associations.  Teacher authorizations will be in writing in the form set forth below:

 

 

Dues Authorization Card

 

Name       ___________________________________________________________________________

 

Address   ___________________________________________________________________________

 

 

I hereby request and authorize the Martha’s Vineyard School Committee to deduct from my earnings and transmit to the Association(s) checked below an amount sufficient to provide for regular payment of the membership dues or fees as certified to the Committee by such Associations by September 15, in five equal installments from the last payroll of the following months: October, November, January, February and March.  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 monies so deducted and transmitted in accordance with this authorization, and relieve the School Committee and all its officers from liability therefore.

 

Teacher Organizations:

 

Martha’s Vineyard Educators Association _____________________________________________;

Martha’s Vineyard Regional High School Teachers Association ____________________________;

Massachusetts Teachers Association ________________________________________________;

National Education Association _____________________________________________________;

 

Dated                                     ________________________

 

Teacher’s Signature          _________________________

 

 

 

C.        The Associations shall indemnify and save the Committee and/or Town harmless against all claims, demands, suits or other forms of liability, which may arise by reason of any action taken pursuant to Sections A and B of this Article.

 

 

ARTICLE XXVII

Retirement

 

 

Teachers with twenty (20) years of continuous service in any of the school systems covered by this Agreement will be entitled to a salary increase of five hundred ($500.00) dollars over and above the applicable step in the then-existing salary schedule in the final year before retirement.  In order to receive such adjustment in salary schedule, the teacher must notify the Committee in writing of the intention to retire by October 1 of the school year at the end of which the teacher intends to retire or by January 1 if warranted by unusual circumstances as determined by the Superintendent of' Schools.

 

Before May 1 of the year of retirement, the teacher must submit satisfactory evidence that the notice of retirement has been given to the Massachusetts Retirement Fund.  Failure to submit such evidence will result in the deduction of five hundred ($500.00) dollars from the succeeding paychecks.

 

The Committee/Town shall contribute to health insurance premiums for retired teachers and their survivors at the same rate paid to active teachers.

 

 

ARTICLE XXVIII

Salary Schedule

 

 

A.        See Salary Schedules for FY 2011 – FY 2013.

 

C.        Salaries shall be paid according to the following options:

 

1.         Twenty-two (22) equal payments.

 

2.         Twenty-six (26) equal payments with either payments during the summer months or a lump sum at the close of school.  Teachers will notify the Superintendent's Office of their chosen option for the year prior to the opening of the school year.

 

* The Regional High School, the Tisbury School and the Edgartown School computer payroll are requesting twenty-two (22) equal payments or twenty-six (26) payments.

 

D.        Payment for research and development projects should be made within the warrant period following approval of the finished project.  If there is a possibility of delay in payment, the teacher involved shall be notified of such possible delay prior to the inception of the project.

E.         LONGEVITY

 

Longevity shall be defined as years of continuous service to the districts of the Martha’s Vineyard Public Schools.  To get a full year’s credit, an employee must be at least a .5 FTE Employees that work less than .5 FTE will receive pro-rated credit.  For employees hired after September 1, 1995, the maximum step must be achieved prior to receiving longevity at all levels.

                                      

Effective  September 1, 2010

 

 **Completed Max Step & 10-15 yrs.                 $ 1,000                                                                                                          16-20 yrs.              $ 1,750

                                                21-25 yrs.                      $ 2,500

                                                             26-30 yrs.                     $ 3,250

                                                         After 30 yrs.              $ 4,000

 

Effective September 1, 2012

 

**Completed Max Step & 10-15 yrs.                  $ 1,250                                                                                                          16-20 yrs.              $ 2,000

                                                21-25 yrs.                      $ 2,750

                                                             26-30 yrs.                     $ 3,500

                                                         After 30 yrs.              $ 4,250

 

 

F.         LANES

 

When a teacher has achieved a Bachelors +30, Masters, Masters +15, a Masters +30, a second Masters or CAGS, or a Doctorate, he/she shall be placed on the appropriate step on the salary schedule, effective the following September.  The teacher shall notify the Superintendent of Schools in writing by October 1 if he/she expects to achieve any of the above by the following September. Official certificates of successful completion must be sent to the Superintendent to substantiate credits.

 

G.        Courses in a Masters Program or other courses or course equivalents or special projects approved by the Superintendent shall be credited toward a Bachelors +30.  Courses satisfactorily completed at an accredited institution during the six (6) years prior to January 1, 1973, shall be credited for advancement on the salary schedule.  Up to half of the necessary credits for advancement may have been satisfactorily completed during the twelve (12) years preceding January 1, 1973.

 

It is agreed that starting with the 2001 – 2007 contract, credits for the Masters plus 30 lane will only begin to accrue AFTER a Masters degree has been earned.  Those members currently in a Masters program at that time, or with a Masters degree and additional credits, or with a Masters degree plus 30 designations already, will be grand-fathered in their current lane.  It is further understood that any credits for the Masters plus 30 category must be graduate level credits.  Additional undergraduate credits will not be accepted in this category.

 

H.        See Appendix "B"     Vocational Ed Teachers

 

I.          Effective September 1, 2006, a new M +15 lane shall be added to the salary schedule at Appendix C.  The salary levels for each step on the column shall represent the midway figure between the same steps on the then applicable M and M +30 columns.

 

 

ARTICLE XXIX

Work Stoppage

 

 

During the term of this Agreement, the Association shall not cause or sponsor, and no professional employee shall cause or participate in any strike, work stoppage, or illegal activity directed against the Committee.

 

 

ARTICLE XXX

Reduction in Force

 

 

A.        Each of the five (5) School Committees (Edgartown, Oak Bluffs, Tisbury, Martha’s Vineyard Regional High School District which includes staff at Superintendency Union #19, Up-Island Regional School District), as separate political bodies, retains the exclusive rights to make the decision to lay off and determine the number of teaching positions and other professional positions which are needed in the school (s) under its jurisdiction and also retains the exclusive right to determine the number and type of employees to be laid off.

 

B.         Teachers with professional status under employment with a particular School Committee shall not be laid off if there is a teacher without professional status employed by that same Committee whose position said Principal/Superintendent deems the teacher with professional status is licensed and in good standing to fill.

 

C.        1.         In determining the order in which teachers are to be laid off within the discipline,             the Superintendent shall consider Professional Status, seniority, and overall             competence.

 

2.        In considering competence, type of licensure (e.g.; preliminary, initial,     professional), highly qualified status, and evaluations shall all be considered.             Teachers who have not kept their license up-to-date and who have not   achieved highly qualified status in their teaching assignment shall be laid off first. Then, the             competence of employees shall be assessed by reviewing their formal evaluations.    A teacher who has received a “recommend without reservation” “or recommend”   in at least one of the last two years shall not be laid off if within the discipline            there is a teacher of longer seniority who has received “recommend with            reservations” or “do not recommend” in at least one of those two years.

  

D.        For purposes of this article, each separate School Committee shall establish the following disciplines categories for elementary school, high school, and shared student support services under its jurisdiction: Reduction in Force shall occur within the discipline.

 

Oak Bluffs                                K-4                                          5-8

 

Edgartown                                K-5                                          6-8

 

Tisbury                         K-4                                          5-8

 

Up-Island Region                     K-5                                          6-8

 

Specialists K-8 (each area is a discipline)                      Guidance Counselors

ELL

Spanish

Remedial Math

Reading Specialist

                                                                                    Health & Physical Education

                                                                                    School Nurse

                                                            Visual Arts

Technology/Engineering (5-12)

Health & Consumer Science

Library (all levels)

Instructional Technology

Special Education

Music

 

MVRHS: (teachers at R. Amos are considered to be part of the MVRHS disciplines)

 

9-12

                        Biology                                                                                    

                        Chemistry

                        Earth Science

                        Physics

                        History

                        Political Science/Political Philosophy

Mathematics

English

Social Studies

Foreign Language - Spanish, French, German

 

9-12 Specialists (each area is a discipline)

Business                                                           Child Care

ELL                                                                 Automotive

Reading Specialist (all levels)                             Horticulture                                                      Guidance Counselor                                             Culinary Arts                                                    School Adjustment Counselor                     Building Trades                        

School Nurse              

                        Library

Instructional Technology

Health & Physical Education (5-12)

Health & Consumer Science

Technology/Engineering (all levels)

Visual Arts

Music

Special Education

Theater

 

Although a teacher under the teacher’s contract may be paid by a grant through MVRHS (e.g. Title I,), his/her discipline shall be determined in the school in which he/she teaches.

 

Shared Services: * RIF would occur within each discipline-(each area is a discipline)

·        Autism Specialist

·        Speech/Language and Hearing Disorders (all levels)

·        Deaf & Hard of Hearing (PreK-8, 5-12, all levels)

·        Teacher of the Visually Impaired (PreK-8, 5-12)

·        Occupational Therapy

·        School Psychologist

·        Project Headway

·        Social Skills

·        Early Childhood Coordinator

·        Strings

·        Bridge Program

 

In the event that through a reduction in force (RIF) a “shared service” position is eliminated, that teacher may request a transfer (G.  BUMPING) to a position IN ANY DISTRICT for which her/she is certified that is held by the least senior teacher with professional teacher status.

 

E.         1.         The Committee's designee shall notify the Association as to how many layoffs shall be recommended prior to the Committee's voting on said recommendation although the Committee retains the exclusive right to determine how many staff cuts and where the staff cuts are to take place, it encourages dialogue between the parties on this subject.  The Committee shall make every effort to accomplish said reductions by attrition.

 

2.         When a position is reduced resulting in less than a full-time teaching position, the reduction shall be considered a layoff under the terms of this Article.  Personnel who have less than full-time assignment will be subjected to salary reductions and reduction of all other benefits.

 

With respect to health and life insurance, it will be carried in full for those who work twenty (20) hours or more per week.  Reduction of salary and other benefits will show the same relationship to the reduction of assignment.  Supervisory duties shall also be on a prorated basis.

 

3.         Under normal circumstances, professional teachers to be affected by a reduction in force shall be notified by May 15th, but in no event later than June 1st of the school year preceding the school year in which the reduction is to be effected.  In any event, affected teachers will be notified within forty-eight (48) hours of a vote of such action by the Committee(s).  Said notice shall include specific reason(s) for and the effective date of the layoff.

 

If town meeting reduces the budget from that level submitted by the School Committee, then this notice requirement does not apply to the choice of additional teachers to be laid off as a result of said town meeting budget reduction, provided, however, that town meeting action adjourns after June 1 and provided that the person(s) affected shall be notified within fifteen (15) business days after acceptance of the budget by the town(s).

 

Definition and Computation of Seniority:

 

F.         Seniority is defined as the length of consecutive service from the first day of work as a regularly appointed teacher in the district in which he/she is employed. Under this article, a teacher retains his/her previously held seniority when a teacher is transferred to another discipline or subject area by a principal or superintendent, or is transferred by his/her own request.  Said teacher is then considered part of this new discipline in the event of future reductions in force.

 

Authorized leaves of absence with pay shall be considered time worked for purposes of seniority. 

Authorized leaves of absence without pay shall not be considered a break in service, but will not count toward seniority.

 

1.                  Part-time personnel: In the case of employees who are working less than one hundred percent (100%) for their respective Committee(s), their length of service status for the part-time period will be determined by multiplying the percentage of time worked against the total time period involved; i.e., employee employed by the Committee(s) for forty percent (40%) of the school day or school year for a total of ten (10) years, forty percent (40%) x ten (10) years = four (4) years seniority, plus full-time employment, if any.

 

2.                  In the event of equal seniority, lane placement on the salary schedule shall be the determining factor.  In the event there is still equality the building principal and superintendent will review the evaluations in determining the order in which the layoff shall occur within the separate disciplines of staff members.

 

 

3.                  A separate seniority list for each school system shall be supplied by the Superintendent’s Office to the Advisory Board annually not later than December 15 each year.  If the Association does not challenge the list within thirty (30) days, the list shall stand as written.  If there is a challenge, the Committee and the Association shall meet forthwith in an effort to resolve the challenge.

                                   

Bumping

 

G.        A teacher identified for RIF under this article has the right to request in writing a transfer to a vacant position or a position held by a less senior teacher with professional teacher status for which he/she is both reasonably certified and qualified.  The administrator and teacher to be reduced shall meet within (10) school days to discuss and review options. The teacher shall be responsible to initiate this meeting. Following the discussion, the teacher to be reduced will have five (5) school days to submit a written request for the transfer. In granting such a request, the Principal/Superintendent shall give reasonable consideration to the teacher’s area of competence, major field of study, quality of teaching performance, length of service in the Martha’s Vineyard Public Schools and other relevant factors; such as the specific instructional, but not budgetary needs, of the District and/or position to be filled. The Principal/Superintendent shall have five (5) school days in which to consider the request and notify the teacher in writing.

 

H.         Teachers with professional status will be recalled within the disciplines and within each school system at the discretion of the Principal/Superintendent.  Teachers with professional status will remain on a recall list for a period of two (2) years from their date of layoff.

 

1.         An employee who is recalled by the Principal/Superintendent within two (2) years shall have restored to him/her all benefits he/she had accumulated at the time of his/her layoff.

 

2.         Teachers on the recall list shall be entitled to membership in any group health or life insurance coverage in existence at the time of the effective date of the layoff, provided, however, that the carrier allows such participation and that the teacher pays the entire cost of such insurance pursuant to the requirements of the insurance carrier, and that there will be no contribution by the Committee or town for such employee's insurance.

 

3.         Teachers on layoff shall be given preference on the substitute list in the areas in which they are qualified, as determined by the Superintendent of Schools, provided the teacher on layoff indicates in writing to the Superintendent of Schools a desire for such preferential consideration.  Teachers on layoff who serve as substitutes shall be subject to established policy and procedures regarding such employment.

 

4.         When vacancies occur in the certified discipline of a teacher on the recall list, the Associations shall be notified by certified mail at their last address of record and shall, in turn, be responsible for notifying the teacher within five (5) business days, by certified mail.  Failure to accept certified mail shall not be deemed sufficient reason for failing to meet the response date.  Failure by the individual teacher to respond to the Principal/Superintendent or their designee, with a letter of acceptance within fifteen (15) business days after receipt of certified mail, shall be considered a rejection of such offer, and the employee shall be dropped from the recall list.  It shall be the responsibility of the personnel on the recall list to inform the office of the Superintendent of Schools and the Association of changes of address.

 

5.         Teachers on layoff who have declined an offer to be recalled need not be contacted further, nor rehired, in the event of additional openings to be filled.  Teachers who are serving in a comparable teaching position elsewhere and are offered a position in this system must be willing to wait to commence the position until the first day of school in September; otherwise he/she goes off the recall list.

 

 

ARTICLE XXXI

New Positions

 

 

If a new position is created or there is a substantial change in an existing position within the bargaining unit, the rate of pay will be subject to negotiation between the parties.

 

 

ARTICLE XXXII

Extracurricular Activities and Duties

 

 

A.        The attendance registers shall be maintained by office personnel.

 

B.                 A teacher shall be expected to attend school functions when his/her presence is deemed necessary and when so notified by the principal of the school.

 

 

ARTICLE XXXIII

Extracurricular Activities

 

 

A.        Extracurricular activity stipends shall be in accordance with Appendix "A".

 

B.         Extracurricular activities, where feasible, should be scheduled to avoid conflicts with classes.

 

 

ARTICLE XXXIV

Negotiation Procedure

 

 

The Committee and the Associations agree to enter into negotiations over a successor agreement no later than September 15 of the year preceding the expiration of this Contract.  During negotiations, the Committee will make available to the Associations, for inspection, pertinent records of the school system.  Committee and Associations shall exchange relevant data, points of view, and proposals and counter proposals.  Either party may, if it so desires, utilize the services of outside consultants, and may call upon professional and/or lay representatives to assist in the negotiations.

 

 

ARTICLE XXXV

General

 

 

The Committee agrees that, subject to its approval, the Superintendent of Schools has the authority to liberalize the provisions and/or increase the benefits herein.

 

 

ARTICLE XXXVI

Duration

 

 

This Contract shall become effective the First day of September, 2010 and shall continue in effect, through the Thirty-first day of August, 2013 and shall continue in effect from year to year thereafter unless, by September 15 of any succeeding year, either party notifies the other in writing of its desire to terminate the Contract.

 

 

ARTICLE XXXVII

Substance Abuse/EAP

 

 

Consumption of, or being under the influence of, any controlled substance during working hours, including student related activities held outside school hours, is prohibited.  The term controlled substances includes alcohol but does not include prescription or over-the-counter medications when taken in accordance with medical instructions.  Excessive alcohol use and drug abuse are recognized by the parties to be matters which may be addressed through treatment and appropriate professional intervention.  Without detracting from the existing rights and obligations of the parties recognized in the other provisions of this contract, and under applicable state and federal law, the Committees and the Association agree to cooperate in encouraging employees engaged in excessive use of alcohol or drug abuse to undergo a program designed to rehabilitate the employee.  The Martha’s Vineyard Employee Assistance Program will be made available to such employees to address the need for a process for the rehabilitation of members who have substance abuse problems.

 

It is agreed by the Parties that if circumstances present which lead the employer to conclude that an employee has consumed or is under the influence of any controlled substance during work hours, and to the extent that the employee does not present an immediate danger to person or property, the employer agrees to raise the concerns initially with the Union in order to allow the Union to address the concerns directly with the employee.  If, in the opinion of the employer, those efforts by the Union are unsuccessful, then the employer shall approach the employee directly and shall take whatever steps it deems appropriate, subject to any and all contractual or statutory provisions applicable.  The provisions of this paragraph are inapplicable if the employer concludes that the employee presents an immediate danger to person or property.

 

A refusal on the part of an employee to avail himself/herself of assistance, or if alcohol use and or drug abuse impairs work performance, attendance, conduct, or reliability, the normal contractual and statutory disciplinary procedures will be utilized.

 

Without affecting the right of the Superintendent or Principal to initiate dismissal proceedings in the first instance if determined to be warranted by virtue of the severity of the situation, the Employer agrees to consider the use of progressive discipline involving reprimands and/or suspensions prior to dismissal in circumstances where appropriate in the opinion of the Employer.  In addition, the Employer agrees to give consideration to an employee’s participation in a rehabilitation or similar program when considering disciplinary action.

 

It is expressly agreed that an employee who distributes, dispenses, or possesses a controlled substance, excepting only the lawful possession of alcohol, on the job will be subject to dismissal.  In all instances involving discipline by virtue of conduct prohibited in this Article, the employee shall be entitled to all rights provided under the terms of this Collective Bargaining Agreement and under all applicable state and federal laws.

 

 

ARTICLE XXXVIII

Study Committees

 

 

There will be two study committees established by this agreement.

 

A.        Professional Growth System

 

            A study committee shall be formed during the first year of the contract to continue the work of the Advisory Board regarding the Professional Growth System (PGS).  The purpose of the Study Committee shall be to make recommendations for changes which will reduce the impact to staff while increasing the benefits to teacher and student performance.  The Study Committee shall be comprised of the Superintendent, Assistant Superintendent, a principal, assistant principal, association leadership, and one teacher representative from each school.  The Study Committee will report any agreements and findings to the Advisory Board by December 1, 2010.

 

C.                 Professional Development

 

A study group will be formed in the first year of the contract with the purpose of investigating the expansion of the District’s professional development model promoting greater flexibility and differentiation which for professional educators aligns to their professional growth plan (PGP).  The committee shall be comprised of the Superintendent, Assistant Superintendent, a principal, an assistant principal, association leadership and one teacher representative from each school as well as two representatives from the All-Island Professional Development Committee.

 

 

 

Signed and sealed as of the       day of                         , 2010.

 

 

FOR THE ASSOCIATIONS                                       FOR THE   SCHOOL COMMITTEES

 

 

_________________________________                  _________________________________

Martha’s  Vineyard Educators                                                        M. V. Superintendency Union #19

Association                                                                                    School Committee

 

_________________________________                  __________________________________

Martha’s Vineyard Regional                                              Martha’s Vineyard Regional High School

Teachers and Educators Association                                         Committee

 

                                                                                    __________________________________

                                                                                    Up-Island Regional School District

school Committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX “A”

Extracurricular Activities

 

I.          Student advisory positions are considered extracurricular activities and, for positions included in the Appendix, preference will be given to a teacher over those not in the unit, provided the teacher is more or equally qualified.  In making this determination, the Committee agrees to give due weight to length of service in position, proven experience and ability and/or overall teaching experience.  Whoever fills these positions shall be paid the designated stipend.  Participation in student advisory positions is voluntary.  Vacant student advisory positions and vacant coaches positions shall be posted where appropriate.  Student advisors and coaches are not responsible for students except those in the activity they have been assigned to supervise.

 

 

II.         Extra Curricular Activity Advisorships and Coaching Positions shall be assigned as provided in the following sections.  Whenever possible, all Appendix "A” positions identified herein shall be paid in accordance with the Appendix "A”  Stipend Scale, with recognition given for experience in the same activity and qualifications.

 

a.         Seniority on the Stipend Schedule shall not be carried by any coach from one sport to another nor by any advisor from one activity to another.

 

b.         Seniority on the Stipend Schedule shall not be transferred from one school to another for any coach or activity advisor.

 

III.       In the event that an Extra Curricular Advisor/Coach Position is not identified herein, nothing herein shall preclude or prevent a Principal/Superintendent from appointing an advisor or coach, with or without payment of a stipend.  All such appointments shall be made, preferentially from the school staff, or in the event that no school staff person applied for such an advisorship/coach position, from volunteers from the community.  In every case, however, the appointment to all advisorships shall be made by Principal/Superintendent.

 

IV.       Any club or activity not identified herein may become identified as an Appendix "A” stipended position if the following conditions are met:

 

a.         It is approved by vote of the Appendix "A” Sub-Committee.

 

b.         It is approved by vote of the Union School Committee or Regional High School Committee.

 

All stipends to be paid for such new clubs or activities shall fall within the stipend scales as provided for positions with commensurate responsibility.

 

V.        The Appendix "A”  Sub-Committee will consist of three (3) high school teachers, two (2) elementary school teachers, three (3) school committee members, two (2) administrators, and the Superintendent of Schools, who will act as Chairperson.

 

VI.       The Appendix “A” Sub-Committee shall convene to study the appropriateness of placement of various positions on Appendix “A”, as well as the level of compensation for such positions.  The Study Committee shall present its findings to the School Committees and the Union at a mutually agreeable time for their respective consideration and possible collective bargaining action.

 

VII.      In the event an Appendix A position is not filled due to an administrative choice or budgetary considerations, the employee previously hired for that position shall have the right of first refusal for one year, without a break in seniority or loss of step increase.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix “A” Stipend Categories K-12 (Except High School Sports)       Class A   Show Director (+15%) High School Producer/Drama Class K   Elementary Student Council Advisor High School Hiking Club Advisor - 2       Class C   Chess Club Literary Magazine Advisor High School Yearbook Advisors Musical Production Director (HS) HS Science Fair Coordinator GED Coordinator/Examinator Class L   Newspaper Advisor K-8 Instrumental/Vocal Music Advisor K-8 Island Wide Athletic Coordinator K-8 High School National Honor Society       Class D   High School Department Coordinators High School Class Advisors: ·         Freshmen Steps 1, 2 & 3 ·         Sophomore Steps 2, 3 & 4 ·         Junior Steps 3, 4 & 5 ·         Senior Steps 4, 5 & 6 Class M   Elementary Class Advisor/Fundraising Elementary J.V. Coaches High School A.F.S.         Class E   Newspaper Advisor 10% per month w/pub – H.S. Elementary Musical production Director Elementary Producer/Drama Director Class J-K   Elem.  8th Grade Advisors – Regular Elementary Baseball Elementary Volleyball Elementary Track & Field Elementary Boys Basketball Elementary Girls Basketball Elementary Softball Elementary Field Hockey       Class G   8th Grade Advisor – Multiple Responsibility Class K-L   Elementary Yearbook Advisor       Class J   Elementary In-House Athletic Director High School Student Council Advisor Class K-L-M   Special Interest     Classes B, F, H & I have no positions assigned as of 4/08.

 

 

 

 

Stipend Categories K – 12

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX “A”  POSITIONS & STIPEND SCALE

 

 

Salary Scale for FY'11 - FY'13
STEP	A/1.0	B/.85	C/.70	D/.60	E/.50	F/.45
1	$3,046	$2,589	$2,132	$1,828	$1,523	$1,371
2	$3,237	$2,752	$2,266	$1,942	$1,619	$1,457
3	$3,427	$2,913	$2,399	$2,056	$1,714	$1,542
4	$3,617	$3,075	$2,532	$2,170	$1,809	$1,628
5	$3,808	$3,237	$2,666	$2,285	$1,904	$1,714
6	$4,001	$3,400	$2,800	$2,400	$2,000	$1,800
STEP	G/.40	H/.35	I/.30	J/.25	K/.20	L/.15	M/.10
1	$1,218	$1,066	$914	$762	$609	$457	$305
2	$1,295	$1,133	$971	$809	$647	$486	$324
3	$1,371	$1,200	$1,028	$857	$685	$514	$343
4	$1,447	$1,266	$1,085	$904	$723	$543	$362
5	$1,523	$1,333	$1,143	$952	$762	$571	$381
6	$1,600	$1,400	$1,200	$1,000	$800	$600	$400

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix A – 1

 

For athletic coaches at the High School

 

 

 

Class A      Class B                   Class C                   Class D                   Class E

 

Football                 Boys Basketball                   Field Hockey                         Golf                                         JV Golf

                                Girls Basketball                     Boys Soccer                          Boys Tennis                         Asst. Boys Soccer

                                Boys Hockey                        Girls Soccer                           Girls Tennis                           Asst. Girls Soccer

                                Girls Hockey                         Cheerleading                         Cheerleading (winter)           Asst. Girls Lacrosse

                                                                                Baseball                                 JV Boys Soccer                    Asst. Boys Lacrosse

                                                                                Softball                                  JV Girls Soccer                      Asst. Field Hockey

                                                                                Boys Lacrosse                      JV Football (2)

                                                                                Girls Lacrosse                       Cross Country Asst.          

                                                                                Track                                      JV Boys Basketball

                                                                                Cross Country                      JV Girls Basketball

                                                                                Sailing                                    JV Boys Hockey

                                                                                Asst. Football (2)                 Asst. Boys Hockey

                                                                                Swim Coach (Head)             JV Girls Hockey                   

                                                Asst. Girls Hockey

                                                JV Baseball

                                                JV Softball

                                                JV Boys Lacrosse

                                                JV Girls Lacrosse

                                                Asst. Spring Track (2)

                                                JV Field Hockey

                                                Boys Basketball Asst./freshman

                                                Girls Basketball Asst./freshman

 

 

 

 

 

Salary Scale for Appendix A1:

 

 

 

STEP	CLASS A	CLASS B	CLASS C	CLASS D	CLASS E
1	5500.00	4500.00	3250.00	2600.00	1850.00
2	5800.00	4750.00	3500.00	2800.00	2000.00
3	6100.00	5000.00	3750.00	3000.00	2150.00
4	6400.00	5250.00	4000.00	3200.00	2200.00
5	6700.00	5500.00	4250.00	3400.00	2350.00
6	7000.00	5750.OO	4500.00	3600.00	2500.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

	39

 

 

 

 

 

 

APPENDIX "B"

Teacher’s  Salary  Schedule  (Vocational)

 

Effective September 1, 1995, Vocational teachers will be placed in the next higher degree - credits column to the one in which they were situated in the prior years.

 

Those nurses with a college degree will be placed on the appropriate step and column of the teachers’ salary schedule.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix "C"
Teachers Salary Schedule FY'11 - FY'13
FY11  (FY10 + 0.0%)
STEP	B	B+30	M	M+15	M+30	CAGS*	DOC
1	45,259	46,485	48,047	48,628	49,208	50,412	51,590
2	46,786	49,439	51,090	52,571	54,052	55,284	56,530
3	49,046	51,771	53,484	54,935	56,386	57,620	58,857
4	51,370	54,106	56,372	58,002	59,633	60,858	62,101
5	53,686	56,448	58,999	60,770	62,541	63,854	65,058
6	56,028	58,783	61,358	63,126	64,895	66,158	67,419
7	58,342	61,127	64,315	66,265	68,215	69,450	70,684
8	60,678	63,464	66,938	68,874	70,811	72,027	73,232
9	63,011	65,782	69,302	71,094	72,886	74,100	75,295
10	65,358	68,122	71,925	73,885	75,844	76,873	77,875
11	67,694	70,394	74,301	76,246	78,192	79,430	80,644
12	70,372	73,093	77,027	78,982	80,938	82,169	83,358
13	72,485	75,288	79,339	81,354	83,368	84,636	85,861
FY12  (FY11 + 2.0%)
STEP	B	B+30	M	M+15	M+30	CAGS*	DOC
1	46,164	47,415	49,008	49,600	50,193	51,420	52,622
2	47,722	50,427	52,111	53,622	55,133	56,389	57,661
3	50,027	52,806	54,554	56,034	57,514	58,772	60,034
4	52,398	55,188	57,499	59,162	60,826	62,075	63,343
5	54,759	57,577	60,179	61,986	63,792	65,131	66,359
6	57,148	59,959	62,585	64,389	66,193	67,481	68,768
7	59,509	62,349	65,602	67,590	69,579	70,839	72,097
8	61,891	64,733	68,277	70,252	72,227	73,468	74,696
9	64,272	67,097	70,688	72,516	74,344	75,582	76,801
10	66,665	69,485	73,364	75,362	77,361	78,411	79,432
11	69,048	71,802	75,787	77,771	79,755	81,018	82,257
12	71,780	74,555	78,567	80,562	82,556	83,812	85,026
13	73,935	76,793	80,926	82,981	85,035	86,328	87,578
FY13  (FY12 + 2.75%)
STEP	B	B+30	M	M+15	M+30	CAGS*	DOC
1	47,434	48,719	50,356	50,964	51,573	52,834	54,069
2	49,034	51,814	53,544	55,097	56,649	57,940	59,247
3	51,403	54,259	56,054	57,575	59,096	60,388	61,685
4	53,839	56,705	59,081	60,789	62,498	63,782	65,085
5	56,265	59,160	61,834	63,690	65,546	66,922	68,184
6	58,720	61,608	64,306	66,160	68,013	69,337	70,659
7	61,145	64,064	67,406	69,449	71,492	72,787	74,080
8	63,593	66,513	70,154	72,184	74,213	75,488	76,751
9	66,039	68,942	72,631	74,510	76,389	77,661	78,913
10	68,498	71,395	75,381	77,435	79,488	80,567	81,617
11	70,947	73,777	77,871	79,910	81,949	83,246	84,519
12	73,754	76,605	80,728	82,777	84,827	86,117	87,364
13	75,968	78,905	83,152	85,263	87,374	88,702	89,987

* National Board of Professional Teaching Standards Certification is equivalent to CAGS