Marthas Vineyard

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DistrictMarthas Vineyard
Shared Contract District
Org Code7000000
Type of DistrictRegional Secondary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2016
Expired Status
Superintendency UnionUnion 19 Marthas Vineyard
Regional HS MembersMarthas Vineyard
Vocational HS Members
CountyDukes
ESE RegionSoutheast
Urban
Kind of Communityresort/retirement/artistic
Number of Schools1
Enrollment699
Percent Low Income Students12
Grade Start9
Grade End12
download pdf version of this document view accessible version of this document AGREEMENT

AGREEMENT

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 1,2013 - August 31,2016

4 Pine Street, Vineyard Haven, MA 02568

508/693.2007 Fax: 508/693.3190

ARTICLE I

Recognition

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this contract is made this 15th day of May 2013, by the School Committees of Martha's Vineyard, the Up-Island Regional School District of Martha's Vineyard, the Martha's Vineyard Regional High School District, 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 a vacancy occurs in a promotional position during the school year (September to June), it will be appropriately publicized by the Superintendent, listing it on the school district's e-mail system as far in advance of any appointment as practicable. In preparation for an ensuing school year and during the summer, written notice of openings will be given to the Association, listed on this electronic system as well as published in local newspapers and more widely as appropriate. In both situations, the requirements of the position, salary schedule and duties will be clearly set forth. Promotional positions are those requiring an additional license and/or paying a salary differential.

All teaching vacancies will be listed on the school district's e-mail system and advertised locally where appropriate. Broader advertising (regional or national) will be used at the discretion of the Superintendent.

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.         Please refer to the Massachusetts Department of Elementary and Secondary Education Teacher and Educator Model Contract Language packet that you received from your principal at time of hire.

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

3.         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, 2014

The normal length of the contract year shall be 185 work days. This contract year shall include one hundred eighty-one (181) 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.

B.         Effective September 1, 2015

The normal length of the contract year shall be 186 work days. This contract year shall include one hundred eighty-two (182) 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.

C.         Induction and Mentoring

New hires to Martha's Vineyard Public Schools are required to participate in two (2) days orientation program. New hires will receive a stipend of $250 per day for their required participation in these additional days. A study committee will be established which will include (2) teachers who have recently completed the program. The purpose of this study committee will be to examine the expectations and skill set required for the completion of the New Teacher Induction Program and ensure that there is a balance between the expectations of this program and the teaching responsibilities they were hired to perform. The study committee will create a document outlining clear expectation and that complies with 603 CMR 7.12 (2) (a) including providing information such as an introduction to the community, discussion of district policies and procedures, an overview of expectations, a discussion of evaluation procedures and how to access critical district resources.

D.       Additional Work Days

The following professionals may be required to work additional days: Speech and Language Pathologists, School Psychologists, the Early Childhood Coordinator, Guidance Counselors, School Adjustment Counselor, and School Nurses. The number of additional days worked by any individual may vary based upon district and position, but will not exceed fifteen (15) days as determined by the administration. Members who work these additional work days will be paid their per diem rate.

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 1.50 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.)

Upon retiring from the Martha's Vineyard Public Schools, a teacher with professional status after fifteen (15) years of continuous service in the local system, shall be paid for accumulated sick leave at the rate of thirty ($30) 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 15th.

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, giant 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 10th 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 positions. 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.

G.        There will be three (3) types of professional development: Island-wide, Building-based, and Individual Educator. To meet the new regulations, Professional Development will be provided on the Island-wide and school levels. Teachers on self-directed plans will be encouraged to take advantage of professional practice study groups to which they already belong (such as Data Teams, Clusters, or PLC's) or form new groups to collaboratively meet goals. Professional Development support will be provided to these groups.

1.   All required Island-wide PD will be planned out a year in advance. The planning would include a variety of options from which educators could choose for participation in either the summer, after school or during school. No stipend will be paid for summer or after school courses for Island-wide PD. Substitutes will be provided for release time. Teachers will receive the list of scheduled PD opportunities in June for the following year (July 1-June 30). Every effort will be made to ensure that no MVPS PD will be required during the October, January or March Island-wide PD days.

2.   Building Based PD has access to after school Wednesday staff meetings or other configurations at the discretion of the building principals. These activities should be based upon the school improvement goals which will be shared with the staff during September.

3.   October, January and March PD days shall be set aside for use as part of teachers' professional development plans.

a.    Teachers are encouraged to form groups around common goals. They can form groups on their own or by posting their interests @http://MVPSED.ning.com/. Facilitators can be designated and a stipend will be provided.

b.   Any group or individual is invited to contact the building principal if resources are needed such as speakers, books, materials, etc., and every effort will be made to provide them. Groups that include members from 2 or more schools may also contact the PD committee seeking funds. Limited amounts of money will be available on a first come, first serve basis.

c.    Building principals/Supervisors will monitor individual teacher's overall PD plan on the Octobers January and March PD days.

The committee agreed to review this language after a year's time and assess its workability, the idea of exchange days and revise as needed.

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.        A reasonable 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, specifically the BlueCross BlueShield or Harvard Pilgrim PPO's and HMO's and Medicare supplement, 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.         Insurance -Cafeteria Plan/Chapter 125 Plan

The committees and Association agree to the establishment of a "cafeteria" or Chapter 125 plan for the Martha's Vineyard Regional High School and the Up-Island Regional School District to begin in the first year of this agreement. The districts will assume the set-up costs for this program, but ongoing third-party administrative costs will come from the fund itself.

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.         The Committees and Association agree to investigate the addition of student contact time to the school day by allowing for flexible scheduling for educators. This will take place over the term of this contract as follows:

Year 1 - A study committee will be formed within each school, consisting of teachers, administrators, association leadership, school committee and/or school advisory members. A minimum of 1/2 of the committees' representation will be teachers. The formation, make-up and responsibilities of each study committee will be consistent from building to building as well as the role of the administrators. During the first year, a pilot program within each school will be designed for determining flexible scheduling options. The study committees will report their findings to an island-wide study committee by May 15, 2014. (For definition of island-wide study committee refer to Year 2).

Year 2 - An island-wide study committee comprised of representatives from each individual school study committee, with a minimum of 1/2 of the representation to be teachers appointed by the Associations, will review the pilot program, determine feasibility and plan for implementation of pilots in Year 3.

Year 3 - If determined feasible, the building administrator within each school will implement the pilot program, approved by his/her individual school study committee and the island-wide study committee for the population defined in each school's pilot. Any pilot determined not to be feasible by the island-wide committee will be returned to the then individual school study committee to attempt resolution.

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

In accordance with Massachusetts state law, all teachers will pay the state mandated percentage into the state retirement program.

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 2014 - FY 2016.

B.         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.

C.         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.

D.        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.

**Completed Max Step &    10-15 years               $1,250

16-20 years                 $2,000

21-25 years                 $2,750

26-30 years                 $3,500

After 30 yrs.                $4,250

E.         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.

F.         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.

G.         See Appendix "B"     Vocational Ed Teachers

H. 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 often (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 ten (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 earner, 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 part)' 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, 2013 and shall continue in effect, through the Thirty-first day of August, 2016 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 himself7herself 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

Part-Time Employees

1.        Effective January 2011, Calculation for Part-Time Employees will be as follows:

a.   No re-calculation for past years

b.   While the time it takes to earn a benefit would be pro-rated for an employee who works less than 50%, the benefit itself would be paid at the rate detailed in the Master Agreement

c.    For sick time, personal time, etc., employees who work less than 50% (.5FTE) would receive the pro-rated number

d.    In using sick time, personal time, etc., "a day is still a day."

SIGNED AND SEALED AS OF THE       DAY OF                   ,2013.

FOR THE ASSOCIATIONS                                              FOR THE  SCHOOL COMMITTEES

___________________________                                     _________________________________

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

association                                                                             SCHOOL Committee

___________________________                                     _________________________________

MartHa'S vineyard                                                  mARTHa's VineYard

RegionaL Teachers and                                        Regional High School

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 J-K

 

Elementary Baseball

 

Elementary Track & Field

 

Elementary Volleyball

Class A

Data Coaches

High School Producer/Drama

Elementary Boys Basketball

Show Director

Elementary Field Hockey

 

Elementary Girls Basketball

Class C

Elementary Gr. K-4 Coordinator

 

Elementary Gr. 5-8 Coordinator

Chess Club

Elementary Gr. 6 or 7 Advisor - Regular

Film Club Advisor

Elementary In-House Athletic Director

Fishing Club Coordinator

Elementary Softball

GED Coordinator/Examinator

Elementary Student Council Advisor

HS Science Fair Coordinator

Elementary Trip Advisor

HS Yearbook Advisors

HS Hiking Club Advisor - 2

Literary Magazine Advisor

HS Student Council Advisor

Minnesingers Accompanist

Floor Hockey

Model United Nations Advisor

Minnesingers Costumer

Musical Production Director (HS)

Minnesingers Stage Manager

Newspaper Advisor

Musical Production Costumer

 

Musical Production Stage Manager

Class D

One World Club

HS Class Advisors:

 

     Freshmen Steps 1, 2 & 3

Class L

     Sophomore Steps 2, 3 & 4

Elementary Computer Club

    Junior Steps 3, 4 & 5

Elementary Fundraising

    Senior Steps 4, 5 & 6

Elementary Homework Club

HS Department Coordinators

Elementary Newspaper Advisor K-8

 

Elementary Vertical Team Coordinator

Class E

Elementary Year Book Advisor

Elementary Musical production Director

HS Art Club Advisor

Elementary Producer/Drama Director

HS National Honor Society

HS 10% per month w/pub

Instrumental/Vocal Music Advisor K-8

Library Coordinator (Afternoon)

Island Wide Athletic Coordinator K-8

Newspaper Advisor

Mentors

School Store Advisor

PLC Leaders

Website Director

Task Force Leaders

 

Volleyball Coach

Class F

Class M

Musical Production Choreographer

Elementary After School Interest

CLASS G

Elementary Chess

 

Elementary Class Advisor/fundraising

Elementary Gr. 8 Advisor-Multi. Responsibilities

Enrichment Coordinator

Minnesingers Choreographer

Elementary Garden

 

Elementary J.V. Coaches

Class H

HS American Friends Service

 

JV Boys Basketball

Science Club Coordinator

JV Girls Basketball

 

School Store Assistant

Class 1

Special Interest

Forensics Club Advisor

 

APPENDIX "A" POSITIONS AND STIPEND SCALE

FY 14-16

STEP

A

B

C

D

E

F

1

3200

2720

2240

1920

1600

1440

2

3400

2890

2380

2040

1700

1530

3

3600

3060

2520

2160

1800

1620

4

3800

3230

2660

2280

1900

1710

5

4000

3400

2800

2400

2000

1800

6

4200

3570

2940

2520

2100

1890

 

STEP

G

H

I

J-K

L

M

1

1280

1120

960

800

480

320

2

1360

1190

1020

850

510

340

3

1440

1260

1080

900

540

360

4

1520

1330

1140

950

570

380

5

1600

1400

1200

1000

600

400

6

1680

1470

1260

1050

630

420

 

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)

Asst. Sailing

 

 

 

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

 

NOTE: J.V and Varsity veteran head coaches with 10+years of experience in the same sport in the MV Public Schools will receive top step  +10%.

 

Salary Scale for Appendix A1:

STEP

CLASS A

CLASS B

CLASS C

CLASS D

CLASS E

1

5775.00

4725.00

3415.00

2730.00

1945.00

2

6090.00

4990.00

3675.00

2940.00

2100.00

3

6405.00

5250.00

3940.00

3060.00

2260.00

4

6720.00

5515.00

4200.00

3360.00

2310.00

5

7035.00

5775.00

4465.00

3570.00

2465.00

6

7350.00

6040.00

4725.00

3780.00

2625.00

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'14-FY'16

FY14(FY13 + 2%)

STEP

B

B+30

M

M+15

M+30

CAGS

DOC

1

48,383

49,693

51,363

51,983

52,604

53,891

55,150

2

50,015

52,850

54,615

56,199

57,782

59,099

60,432

3

52,431

55,344

57,175

58,727

60,278

61,596

62,919

4

54,916

57,839

60,263

62,005

63,748

65,058

66,387

5

57,390

60,343

63,071

64,964

66,857

68,260

69,548

6

59,894

62,840

65,592

67,483

69,373

70,724

72,072

7

62,368

65,345

68,754

70,838

72,922

74,243

75,562

8

64,865

67,843

71,557

73,628

75,697

76,998

78,286

9

67,360

70,321

74,084

76,000

77,917

79,214

80,491

10

69,868

72,823

76,889

78,984

81,078

82,178

83,249

11

72,366

75,253

79,428

81,508

83,588

84,911

86,209

12

75,229

78,137

82,343

84,433

86,524

87,839

89,111

13

77,487

80,483

84,815

86,968

89,121

90,476

91,787

FY15(FY14 + 2.5%)

STEP

B

B+30

M

M+15

M+30

CAGS

DOC

1

49,592

50,936

52,647

53,283

53,920

55,238

56,529

2

51,265

54,172

55,980

57,604

59,227

60,576

61,943

3

53,742

56,728

58,604

60,195

61,785

63,136

64,492

4

56,289

59,285

61,769

63,555

65,342

66,684

68,046

5

58,825

61,852

64,647

66,588

68,528

69,967

71,286

6

61,392

64,411

67,232

69,170

71,108

72,492

73,874

7

63,927

66,979

70,473

72,609

74,745

76,099

77,451

8

66,486

69,539

73,346

75,468

77,590

78,923

80,243

9

69,044

72,079

75,936

77,900

79,865

81,195

82,504

10

71,615

74,643

78,811

80,958

83,105

84,233

85,331

11

74,175

77,134

81,414

83,546

85,678

87,034

88,365

12

77,110

80,091

84,401

86,543

88,687

90,035

91,339

13

79,425

82,495

86,935

89,142

91,350

92,738

94,081

FY16(FY15 + 3%)

STEP

B

B+30

M

M+15

M+30

CAGS

DOC

1

51,080

52,464

54,227

54,881

55,537

56,895

58,225

2

52,803

55,797

57,660

59,332

61,003

62,394

63,801

3

55,354

58,430

60,363

62,001

63,638

65,030

66,426

4

57,977

61,064

63,622

65,462

67,302

68,685

70,088

5

60,590

63,707

66,587

68,586

70,584

72,066

73,425

6

63,234

66,343

69,249

71,245

73,241

74,667

76,090

7

65,845

68,988

72,587

74,787

76,987

78,382

79,774

8

68,481

71,626

75,546

77,732

79,917

81,290

82,650

9

71,115

74,241

78,214

80,237

82,261

83,630

84,979

10

73,763

76,883

81,175

83,387

85,598

86,760

87,890

11

76,400

79,448

83,857

86,052

88,248

89,645

91,016

12

79,423

82,493

86,933

89,140

91,347

92,736

94,079

13

81,807

84,970

89,543

91,817

94,090

95,520

96,904

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

*Certificate of Clinical Competence in Speech-Language Pathology (CCC-SLP) is equivalent to CAGS

*National Board of Certified Counselors is equivalent to CAGS   

* National Board of Certification of School Nurses is equivalent to CAGS