Masconomet

Show detailed information about district and contract

DistrictMasconomet
Shared Contract District
Org Code7050000
Type of DistrictRegional Secondary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency Union
Regional HS MembersMasconomet
Vocational HS Members
CountyEssex
ESE RegionNortheast
Urban
Kind of Communityresidential suburbs
Number of Schools2
Enrollment2085
Percent Low Income Students1
Grade Start7
Grade End12
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AGREEMENT

 

Between

The School Committee

MASCONOMET REGIONAL SCHOOL DISTRICT

 

And

The Masconomet Teachers' Association

Boxford, Massachusetts

 

17th Edition 9/10-8/13

 

 

TABLE OF CONTENTS

 

Subject                                                                                                                                                  Page

 

Preamble                                                                                                                                               5

Identification of Parties                                                                                                                     5

Article I                  -Recognition, Unit Description                                                                          6

Article II                -Fair Practices                                                                                                       7

Article III              -Membership and Dues                                                                                      7

Article IV               -School Committee Responsibility and Authority                                        9

Article V                -Grievances                                                                                                           9

Article VI               -Arbitration                                                                                                           12

Article VII             -Continuity of Employment                                                                              14

Article VIII           -Duties and Responsibilities                                                                               15

-Length of School Day                                                                                       15

-Length of Teachers' Workday                                                                         16

-After-School Meetings                                                                                      16

-Length of Teachers' Work Year                                                                      16

-Evening Meetings                                                                                               17

-Lunch Period                                                                                                       18

-Extracurricular Activities                                                                                  18

-Student Teachers                                                                                               18

-Assignment of Duties                                                                                        18

Article IX               -Assignment                                                                                                          19

-Teaching Load, including Professional Duties                                              19

-Remuneration for Class Coverage                                                                 20

-Overload                                                                                                              20

-Extra Minutes                                                                                                     20

-Class Size                                                                                                             20

-Subject Areas and Programs                                                                            20

-Notification of Schedule                                                                                   21

-Vacancies and Promotions                                                                              21

-Reduction in Force                                                                                             22

Article X                -Protection                                                                                                            26

Article XI               -Teacher Evaluation                                                                                           27

Article XII             -Association Activity                                                                                          29

Article XIII           -Salary Policy and Schedules                                                                            30

-Teaching Classifications, including Associate Master and Master           31

-Salary Credits for Graduate Study                                                                 33

-Tuition Reimbursement                                                                                    35

-Special Duty Stipends                       -Independent Study                            35

-Athletic Coaching                              36

-Team Leaders and Coordinators    36

-Special Education                              36

-Advisors                                               37

-Guidance Counselors                        37

-Contracts                                                                                                             37

-Placement on the Salary Scale                                                                        37

-Substitutes                                                                                                           38

 

Subject                                                                                                                                                  Page

-Payment of Salary                                                                                             38

-Graduate Credit Vouchers                                                                                39

-Conference Attendance                                                                                    40

-Use of Own Automobile                                                                                   40

-Payment of Coaches, Advisors                                                                       40

-Teachers of In-Service Courses                                                                       40

Article XIV            -Fringe Benefits                                    -Medical, Hospital Insurance            41

-Credit Union                                        42

-Tax-Sheltered Annuity                      43

-Resignation                                         43

-Retirement                                           43

-United Way Payroll Plan                  44

-Children of Masconomet Teachers 44

Article XV             -Sick Leave, Emergency Leave                                                                        44

-Sick Bank                                                                                                            45

-Bereavement Leave                                                                                          46

-Personal Leave                                                                                                   47

-Religious Holidays                                                                                             47

-Annual Military Duty Tour                                                                              47

-Job-Related Injury                                                                                             47

-Leave of Absence                                                                                              47

-Maternity/paternity Leave                                                                               48

-Military Leave                                                                                                    49

-Sabbatical Leave                                                                                               49

-Jury Duty                                                                                                             51

-Longevity Leave                                                                                                51

Article XVI            -Severability Provision                                                                                        51

Article XVII          -Duration of Agreement                                                                                     53

-Signature of Parties, December 1967                                                             53

-Signature of Parties, February 1969                                                               53

-Signature of Parties, March 1970                                                                   54

-Signature of Parties, March 1971                                                                   54

-Signature of Parties, September 1972                                                            54

-Signature of Parties, June 1973                                                                       55

-Signature of Parties, October 1975                                                                 55

-Signature of Parties, August 1977                                                                   55

-Signature of Parties, November 1978                                                            56

-Signature of Parties, February 1982                                                               56

-Signature of Parties, March 1983                                                                   57

-Signature of Parties, June 1985                                                                       57

-Signature of Parties, March 1988                                                                   58

-Signature of Parties, September 1991                                                            58

-Signature of Parties, September 1992                                                            59

-Signature of Parties, September 1993                                                            59

-Signature of Parties, September 1996                                                            60

-Signature of Parties, September 1999                                                            60

-Signature of Parties, November 2002                                                            61

-Signature of Parties, March 2006                                                                   61

-Signature of Parties, June 2009                                                                       62

-Signature of Parties, June 2010                                                                       62

 

Appendices List                                                                                                                                   63

A.            (1) Teacher Salary Schedule                                                                                             64

(2) Extended Salary Schedule for Longevity, Base                                                      66

B.            (1) Coaching Stipend Schedule                                                                                         67

(2) Advisor Stipend Schedule                                                                                            69

(3) Notes                                                                                                                                70

C.            Teacher Layoff Letter                                                                                                        72

D.            Evaluation Process                                                                                                              73

E.            (1) Criteria for Evaluation (Principles of Effective Teaching)                                    80

(2) Classroom Visitation Form                                                                                          87

(3) Summative Evaluation of Teacher Effectiveness                                                  88

(4) Goal Format                                                                                                                   91

(5) Evaluation Criteria for Associate Master and Master Teacher Candidates      92

(6) Coaching Evaluation Process                                                                                     93

(7) Advisor Evaluation Process                                                                                         94

F.             Merit Classification Application Procedure                                                                    95

-Associate Master Teacher                                                                                                96

-Master Teacher                                                                                                                  97

G.            Sample Contracts -Teacher without Professional Status                                             98

-Teacher with Professional Status                                                                                    100

-Stipend Contract                                                                                                                102

H.            End-of-Career Beneficiary Form                                                                                     103

Index                                                                                                                                                     104

Agreement Stylebook                                                                                                                         109

 

 

AGREEMENT

 

This Agreement is entered into this 8th day of June 2010, between the Masconomet Regional District School Committee (hereinafter referred to as the "Committee") and the Masconomet Teachers' Association (hereinafter referred to as the "Association"), affiliated with the Massachusetts Teachers' Association and the National Education Association.

 

PREAMBLE

 

Recognizing that our prime responsibility and purpose is to provide education of the highest possible quality for the children of secondary school age of the Masconomet District while realizing the most effective and prudent use of the tax monies expended toward achieving that end, and realizing that good morale and effective use of ideas and experience of the professional educators on the staff is both essential and fundamental to the achievement of that purpose, we, the undersigned parties to this Agreement, do hereby declare that:

 

A.            Under the laws of Massachusetts, the Committee, elected by the citizens of Boxford, Middleton, and Topsfield, which towns comprise the Masconomet Regional School District, has final and ultimate responsibility for establishing the educational policies of the Masconomet Regional School District.

B.            The superintendent of Masconomet has the responsibility of effectuating and implementing the policies so promulgated by the Committee.

C.            The teaching staff of Masconomet has the primary professional responsibility for providing total education of the highest possible quality, both in and out of the classroom.

D.            Fulfillment of these several responsibilities can best be facilitated and realized by consultations and the free exchange of professional views and information between the Committee, the superintendent, and the teaching staff in the formulation, application, and clear identification of those policies as they affect and define the wages, hours, working, and other conditions of employment for the teaching staff, wherefore the parties have executed this Agreement.

 

This Agreement is a complete agreement between the parties covering all the mandatory subjects of discussion. The parties agree that the relations between them shall be governed by the terms of this Agreement only. All matters not dealt with herein shall be treated as having been brought up and disposed of, and the Committee shall be under no obligation to discuss with the Association any modifications or additions to this Agreement that are to be effective during the term thereof. No change or modification of this Agreement shall be binding on either the Committee or the Association unless reduced to writing and executed by the respective duly authorized representatives.

 

ARTICLE I

 

Recognition

Section 1:

 

Subject to any applicable provisions of state or federal law or regulation now or hereafter in effect, the Committee recognizes the Association as the exclusive collective bargaining representative of the classroom teachers of Masconomet, as more fully described in the unit description below in Section 2 hereof, pursuant to the terms and valid administrative interpretations of Chapter 150E of the General Laws of the Commonwealth of Massachusetts and any subsequent amendments thereto.

 

Consistent with law, the Committee agrees to give the Association reasonable notice of its intent to change, alter, or modify existing wages, hours, and conditions of employment of teachers at Masconomet, and further agrees to extend to the Association an opportunity to present its positions and otherwise negotiate the Committee's decision to change, alter, or modify said mandatory subjects of bargaining and its effects upon the teachers.

 

Unit Description

Section 2:

 

The collective bargaining unit represented by the Association and recognized by the Committee in Section 1 hereof is described as follows:

 

All full-time classroom teachers of Masconomet Regional School District, including but not limited to: (a)-instructors, (b)-guidance counselors, (c)-library media specialists and assistants, (d)-special educators, (e)-school adjustment counselors, (f)-part-time teachers, (g)long-term substitute teachers (a long-term substitute shall be one with not less than 21 days of consecutive employment), (h)-coaches, (i)-faculty manager, (j)-retirees, (k)-instructional technology specialists, (l)-school nurses.

 

It shall exclude all other employees, including but not limited to: (a)-department heads and guidance director, (b)-the superintendent, (c)-principals and assistant principals, (d)-clerical employees, (e)-non-teaching personnel employed under Federal programs in which the School District may be under contract to the Federal Government, (f)-custodial employees, (g)-school doctor, (h)-supervisor of attendance, (i)-cafeteria personnel, (j)-other part-time employees whose positions do not require a teaching certificate, (k) Special Education Director and Assistant Special Education Director.

 

Furthermore, the School Committee agrees that any proposed new professional position shall come before the Association to determine whether or not it should be included in the collective bargaining unit.

 

ARTICLE II

 

Fair Practices

Section 1:

 

There shall be no discrimination, interference, retaliation, restraint, or coercion by the School Committee, Masconomet Teachers' Association, or their respective agents against any teacher because of his/her membership or non-membership in the Association, activities on behalf of the Association, or because a teacher pursued or advanced rights and privileges contained in the Agreement or refused to do so.

 

ARTICLE III

 

Membership and Dues

 

The Committee agrees that after receipt of written authorization substantially in the form set forth at the end of this Article, or in the form of the payroll deduction form that is a part of the standard M.T.A. membership form, and prior to any revocation thereof, it will deduct from the salary of the teacher executing said authorization the amount designated thereon as Association Dues.

 

It is the express intent of the parties that the provisions of this Article be and are subject to the following conditions:

 

(1)          The sum that represents such Association dues shall annually be certified to the Committee by the president of the Association no later than October 15th of the school year in which the dues are to be deducted. This sum will be divided into fifteen (15) equal amounts and will be deducted for fifteen (15) successive payroll periods starting with the fourth (4th) pay check of the school year. If the sum once certified is changed, the amount deducted from the earnings of a teacher who has authorized such deduction shall not be increased or decreased until thirty (30) days written notice of such change has been received by the Committee from the president of the Association.

(2)          Deductions provided for above shall be remitted to the treasurer of the Association not later than the twentieth (20th) day of the month following the month in which the deductions are made. The Committee shall simultaneously furnish the treasurer of the Association each month a record of the teachers from whose earnings deductions have been made and the amount of the deduction.

(3)          Provided, however, that the Committee shall be under no obligation to make any such deductions as aforesaid after the termination of the term of this Agreement; and provided further that the Committee may immediately cease making such deductions at any time on behalf of a teacher upon receipt by the superintendent of a written notice of revocation or authorization from that teacher; or upon transfer of a teacher out of the unit defined in Article I, Section 2, of this Agreement (except that such deduction shall be resumed if a teacher is returned to a position included in the unit); or upon knowledge by the Committee that a teacher is no longer a member of the Association.

(4)          The Association agrees that it will indemnify and save the Committee harmless from any and all liability, claim, responsibility, damage, or suit which may arise out of any action taken by the Committee in accordance with the terms of this Article or in reliance upon the authorization described herein, in an amount not to exceed the sum received by the Association on account of the deductions made from the earnings of such teacher or teachers.

 

PAYROLL DUES DEDUCTION AUTHORIZATION FORM

 

To:          Masconomet Regional District School Committee Boxford, Massachusetts

 

I hereby authorize and direct the treasurer of the Masconomet Regional School District to deduct from my salary, beginning with the fourth pay period of the school year, one-fifteenth (1/15) of the amount set as professional dues as established by the Masconomet Teachers' Association (herein called the Association) and Massachusetts Teachers' Association and/or the National Education Association, as certified to you by the president of the Association. The said dues shall be deducted pursuant to this authorization and also pursuant to Article III of the Agreement between the School Committee and the Association, which is incorporated herein by reference. The aforesaid dues shall be deducted at the times agreed upon by you and the Association and thereafter remitted to the Association as agreed upon between you and the Association.

 

This authorization shall remain in effect until (a) the termination of the Agreement between the School Committee and the Association providing for such deduction, (b) my written revocation of this authorization (in which regard, I agree that at least thirty (30) days notice, in writing, shall be given to the School Committee in order to revoke this authorization), (c) my transfer out of the bargaining unit, except, however, that the School Committee is hereby authorized to resume my deductions in the event of my transfer back into the bargaining unit, or (d) knowledge by the School Committee that I am no longer a member of the Association.

 

 

Date: _______________________________                                             ____________________________________________

NAME

 

 

ARTICLE IV

 

School Committee Responsibility and Authority

Section 1:

 

In recognition of the fact that the laws of the Commonwealth of Massachusetts vest in the Committee responsibility to the people of the member towns comprising the Masconomet Regional School District for the quality of education in, and the efficient and economical operation of the Masconomet Regional School District, it is herein agreed that except as specifically and directly modified, amended, or abridged by express language in a specific provision of this Agreement, the Committee retains all rights and powers that it has or may hereafter be granted by law and may lawfully exercise the same at its discretion without any such exercise being made the subject of a grievance or unfair labor practice charge.

 

Section 2:

 

The lawful exercise of any of the rights and powers of the Committee not specifically and directly modified, amended, or abridged by express language in a specific provision of this Agreement shall not become the subject of a grievance because such right or power is alleged to have been exercised inconsistently, or in violation of past practice or past or present policy; and in consideration and recognition of the means of legal redress provided by the laws of the United States and the Commonwealth of Massachusetts, no exercise of any such right or power of the Committee shall become the subject of a grievance because such exercise is alleged to have been in violation of any Constitution or law.

 

ARTICLE V

 

Grievances

 

The parties to this Agreement recognize the desirability of exerting an earnest effort to discuss and settle grievances at the earliest possible time and at the lowest possible administrative level. The Association agrees to make a careful investigation of a complaint before submitting it under the Grievance Procedure in order to ascertain whether, in its opinion, the grievance complaint is reasonable cause to believe that the claim is true in fact, and a claim that is of substance sufficient to warrant consideration.

 

Time limitations referred to in the following sections of this Article may be waived by written mutual consent.

 

Section 1:

 

Subject to the restrictions in Article VI of this Agreement, for the purposes of this Agreement, a grievance shall be defined as a complaint by the Committee, an employee, or a group of employees concerning wages, hours, or conditions of employment, or an allegation that there has been a violation, misapplication, or misinterpretation of the terms of this Agreement.

 

Section 2:

 

It is understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of acts that occurred prior to the execution of this Agreement shall be submitted by either party under the provisions of this Article.

 

Section 3:

 

To encourage the teacher to obtain satisfaction, as an individual professional, by directly contacting the person (or persons) who he/she feels to be responsible for, and/or who may be able to resolve his/her grievance, it is agreed that any individual teacher or group of teachers shall have the right at any time to present grievances to a supervisor, the principal, the superintendent, the Committee, or a representative of the Committee without the participation of the Association, provided that any adjustment of grievances so presented shall not be inconsistent with the terms and conditions of this Agreement, and provided further that a representative of the Association is to be given an opportunity to be present at any meetings and to be informed of the facts pertinent thereto, and to be informed, in writing, of any disposition or resolution of the matter, and, provided further, that the time-limits and procedures of this Article shall be applicable to any such proceeding to every extent that the context permits.

 

Section 4:

 

A grievance must be presented within ten (10) school days of the time when the teacher should reasonably have been aware of the occurrence of the act, decision, or ruling forming the basis of the grievance, and must be processed in accordance with the steps, time limits, and conditions as set forth below:

 

Step 1

 

The teacher shall present the grievance in writing during his/her non-teaching hours to his/her principal or department head (whomever in the grievant's judgment is best able to resolve the matter). In those cases where it is impractical for the teacher to present the grievance, and a waiver of the time limit has been requested and refused, the chair of the Professional Improvement Committee of the Masconomet Teachers' Association (herein called PIC) may present the grievance to the department head or principal in the teacher's stead. Both shall meet informally to discuss the grievance at the earliest mutually convenient time (not to exceed five [5] school days). At the meeting, the teacher-grievant may, at his/her election, be accompanied by another member of the Masconomet teaching staff, and the principal or department head may, at his/her election, be accompanied by another member of the Masconomet administration or faculty. The principal or department head shall give the teacher-grievant his/her answer in writing within five (5) school days of the meeting.

 

Step 2

 

If the grievance is not satisfactorily settled, it shall be presented to the PIC by the teacher-grievant involved within four (4) school days after receipt of the answer of the principal or department head. The PIC shall as soon as possible (but in any case, within ten [10] school days) consider the matter, and, if it determines the grievance to be meritorious, shall proceed to Step 3.

 

Step 3

 

If the grievance is not satisfactorily settled, and the PIC considers the grievance meritorious, it shall be reduced to writing to the superintendent within the ten(10) day time period contained in Step 2, supra.

 

The superintendent and, if he/she chooses, his/her designee, and the teacher-grievant and, if the teacher so elects, the president of the Association or his/her designee, shall meet within five (5) days to discuss the grievance. The superintendent shall elect whether or not this discussion shall take place during school hours. The superintendent or his/her designated representative shall give the teacher-grievant his/her written answer to the grievance within five (5) school days following the conclusion of the meeting, with a copy of the writing forwarded to the chair of the PIC. Any grievance affecting three (3) or more teachers shall be considered a policy grievance and shall, at the option of either party, be filed at Step 3 of the Grievance Procedure. Such a grievance shall be initiated by either the president of the Association (or his/her designee) or the superintendent (or his/her designee).

 

Step 4

 

If the grievance is not satisfactorily settled, it shall be presented to the Committee (in writing) within five (5) school days after the receipt by the PIC chair of the written answer of the superintendent (or his/her designee).

 

The Committee and the teacher-grievant and, if the teacher so elects, counsel, and/or the president of the Association or his/her designee, shall meet to discuss the grievance within fifteen (15) school days at a time agreeable to both parties. The Committee shall elect whether or not this discussion shall take place during school hours. The Committee as a whole shall hear any Step 4 grievance.

 

The Committee will give its written disposition of the matter to the superintendent and the chair of the PIC within five (5) school days following the conclusion of the meeting.

 

Step 5

 

If no satisfactory settlement of the grievance is made, it may in certain cases be appealed to arbitration by written notice of such intent to appeal within fourteen (14) calendar days after the written answer of the Committee under Step 4. Any appeal to Arbitration shall be made only in accordance with the procedures and conditions set forth in Article VI of this agreement.

 

Section 5:

 

The Committee, if it has any grievance, shall initiate the grievance through the superintendent by submitting the grievance (in writing) to the president of the Association. The Committee, or its designated representative, and the president of the Association or his/her designated representative, shall meet to discuss the grievance. The Committee, or its designated representative, shall elect whether or not this discussion shall take place during school hours.

The Association will give its written answer to the grievance within fifteen (15) school days following the conclusion of the meeting. If no satisfactory settlement of the grievance is made, the Committee may, in certain cases, appeal the grievance to arbitration in accordance with the procedures and conditions set forth in Article VI of this Agreement.

 

Section 6:

 

A grievance not initiated within the time specified shall be deemed waived. Failure of either party to advance a grievance to the next Step within the time limits specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further consideration.

 

Failure of the Committee, or any of its representatives in any level of this procedure, to answer within the time limit specified for that particular level, shall entitle the aggrieved party (or the Association) to proceed to the next step.

 

Section 7:

 

No reprisals of any kind will be taken by the Committee or any member of the administration or the Association against any party in interest, any school representative, any teacher, any member of the PIC, or any participant in the grievance procedure by reason of such participation in the procedure or refusal to participate.

 

It is agreed by the parties that "school days" as used in this Article shall, for periods of time between the closing of school in June and the re-opening of school in September, be construed as week days, excluding legal State or Federal holidays.

 

ARTICLE VI

 

Arbitration

 

Any grievance of the Association that clearly protests a discharge, suspension, reduction in rank, or deprivation of any professional advantage; the assignment of non-teaching duties; reprisal or retaliation for participation in the Grievance Procedure defined herein; or discrimination, interference, restraint, or retaliation because of a teacher's membership in or activities on behalf of the Association or an employee covered by this Agreement; or a grievance of the Committee alleging a specific violation of the provisions of Article VII hereof; and that remains unsettled after the procedures outlined in Article V hereof have been exhausted, shall be submitted to arbitration upon the written request of the Association or the Committee, subject, however, to the terms and conditions more fully defined below.

 

The Association and the Committee otherwise hereby specifically agree that all other grievance issues are excluded from demand arbitration and that they may be arbitrated only upon the mutual consent, in writing, of the Association and the Committee.

 

It is the express intention of the parties that only those disputes defined above in this Article that clearly come within these arbitration provisions shall be arbitrable. No other subject, direct or collateral, shall be arbitrable except by a mutual written agreement signed by the Association and the Committee.

 

Section 1:

 

The party initiating a grievance shall, if arbitrated, have the obligation of going forward with its case before the other party shall be required to present its case or adduce any testimony or introduce any evidence.

 

Section 2:

 

In the event that the parties agree to submit an appropriate grievance to arbitration, or in the event that one of the parties demands arbitration, the complaint shall be referred to the American Arbitration Association (hereinafter AAA), which shall dispose of (or resolve) the issue(s) pursuant to their applicable regulations and procedures, provided, further, however, that:

 

(a)          the parties agree that bona fide claims of non-arbitrability shall be promptly raised within ten (10) days of the receipt by the Committee of the Notice of Intent to Appeal, which is referenced in Step 5 of Section 4 of Article V of this Agreement (but in no event less than forty-eight [48] hours prior to a scheduled hearing), or be deemed waived;

 (b)          that bona fide claims as to non-arbitrability will be heard and decided at least forty-eight (48) hours prior to any hearing on the merits of a complaint; and

 (c)          that the parties may jointly refer any such grievance to any other arbitrator mutually agreed upon in lieu of the AAA.

 

Section 3:

 

A stenographic record of the hearing shall be made if desired by either party or by the arbitrator. The cost of the stenographic record will be borne by the party making the request. In the event that the arbitrator desires such a record, the cost of said record shall be shared equally by the parties.

 

Section 4:

 

Except as mentioned above, each party shall bear the expense of its representatives, participants, witnesses, and for the preparation and presentation of its own case. Any fees and expenses of the arbitrator shall be shared equally by the parties, provided that the obligation of the Committee to pay shall be limited to the obligation which the Committee can legally undertake in that connection. In no event shall any present or future member of the Committee or the Association have any personal liability (either primary or secondary) for any payment under any provision of this Agreement.

 

Section 5:

 

After said hearing before the arbitrator, it shall be the duty and function of the arbitrator to make and render a written decision within thirty (30) days from the date the hearing closes.

 

The decision of the arbitrator shall be final and binding upon both the Committee and the Association and upon any employee or employees affected thereby, provided that it shall be restricted to an interpretation or application of the terms of this Agreement and shall in no way alter or expand the provisions of this Agreement or contain any recommendations thereto, and is based only upon facts and arguments, either presented by the parties or on which an opportunity to comment has been furnished the parties by the arbitrator. The arbitrator, in rendering his/her written decision, shall clearly state his/her findings of fact and conclusions upon which his/her decision is founded.

 

Section 6:

 

The parties are agreed that no restrictions are intended on the rights and powers of the Committee except those specifically and directly set forth in express language in specific provision of this Agreement.

 

In determining whether there is a specific and direct violation of express language of a specific provision of this Agreement, it is agreed that the only criterion to be applied is the plain meaning of express language in the Agreement and that evidence of past practice, past or present policy, and oral statements made during negotiations or at any time by either of the parties shall be inadmissible to alter the meaning of express language and shall not be considered by the arbitrator.

 

Section 7:

 

If either party disputes the arbitrability of any grievance in any appropriate court of laws or equity, it is agreed that said Court shall determine the question of arbitrability de novo, applying the principles set forth in Section 6 above without according any weight to any decision on arbitrability that may have been previously made by the arbitrator and/or any administrative agency in the same case.

 

ARTICLE VII

 

The Continuity of Employment

Section 1:

 

In recognition of its obligations under the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, the Association hereby agrees and affirms that during the term of this Agreement, or any renewal or extension thereof, neither it nor any of its agents will engage in, incite, or participate, either directly or indirectly, in any unlawful interference with assigned or expected work, including: strike, sit-down, stay-in, slow-down, work stoppage, withholding of service, "professional day" absence, and/or consorted or intentional unauthorized absences.

 

Section 2:

 

The Association further agrees that, should any of the above-mentioned actions occur (regardless of the lack of Association connection with the activity), it shall put forward every effort to immediately have the activity terminated.

 

Section 3:

 

The Association agrees that if there is a violation of Section 1 of this Article by any member or group of members of the Association, the Committee may at its discretion apply disciplinary action, and that such action may be subject to grievance, but not to arbitration.

 

Section 4:

 

It is agreed that the Committee will not seek monetary damages against the Masconomet Teachers' Association for a violation of this Article as long as, in the judgment of the Committee, the Association fully complies with the provisions of Section 2 hereof.

 

Section 5:

 

The Association further agrees that prior to seeking or recommending that any form of professional sanction or boycott be imposed upon the Masconomet Regional School District to, or by, the Massachusetts Teachers' Association and/or the National Education Association, it will first exhaust its rights to remedy and relief under the provisions of this Agreement.

 

ARTICLE VIII

Duties and Responsibilities

Section 1:

 

The Committee and the Association acknowledge that the teacher's primary responsibility is to teach and that his/her energies should, to the extent possible, be utilized to this end.

 

Section 2:

 

The starting and dismissal times for students in the Masconomet Regional School District shall be determined solely by the Committee in conjunction with the Massachusetts State Board of Education standards to provide a school day which in gross length will be six (6) hours and thirty-five (35) minutes.

 

However, the Committee agrees that before a change in the aforesaid gross length of the school day is finally decided by the Committee or implemented by the superintendent, they will notify the Association of this intent within a reasonable time in order to allow time for the Association to meet with representatives to discuss the proposed changes and the effects of same upon the school and its teachers. For the purposes of this section, a "final decision" by the Committee shall mean a formal vote of Committee policy.

 

The length of the school day may be changed by the Committee to comply with any statute change in requirements or regulations by the Commonwealth of Massachusetts Department of Education or any state regulatory body.

 

The Committee agrees not to plan student activities at Masconomet to extend past 10:00p.m. on Sundays through Thursdays.

 

Section 3:

 

The workday of teachers covered by this Agreement will commence fifteen (15) minutes before the school starting time for students, but no earlier than 7:25 a.m., and will end according to the following schedule:

Monday:                               3:38 p.m.1/                             Thursday:                             2:53 p.m.

Tuesday:                               2:53 p.m.                               Friday:                                   2:28 p.m.

Wednesday:                         2:53 p.m.

 

1/ Exceptions:

 

Teachers may leave at 2:53 on Mondays on which there are no meetings scheduled. In addition, a teacher may leave before 3:38 on any Monday, provided all meetings to which she/he is obligated have ended. The leaving time for teachers on the first four early release days of the academic year is 2:53.

 

All teachers will provide extra help to their students Monday through Thursday until 2:53 p.m. Extra help may be canceled one day per month for professional purposes with the approval of the department head or the principal, and if there is one-day's notice given to the students.

 

All staff meetings shall be held on Monday or Tuesday. A schedule will be published one month in advance. No administrative meetings shall be held during a week that grades or progress reports are due except during the last week of the school year. Such grades shall not be due sooner than three (3) school days after grades or progress reports close, except in June. No teacher shall be required to attend more than three (3) such meetings per month, which shall total no more than 135 minutes in length.

 

Teachers are accountable for attendance at IEP meetings and parent conferences during the teacher workday.

 

All IEP Meetings and parent conferences held after 3:38 on Monday, and after 2:53 Tuesday through Thursday, or after 2:28 on Friday, will take place only through mutual consent of the teacher and administration. If a teacher cannot attend an IEP Meeting, the teacher will be accountable for appropriate written information at the conference.

 

The Administration will consult with the Association on an annual basis regarding the scheduling of all end of term examinations.

 

Section 4:

 

The work year of teachers (other than new personnel, guidance counselors, and other personnel who must participate in new teacher orientation), under normal circumstances, will begin no earlier than September 1st and will terminate no later than June 30th. The State Board of Education regulation establishing the minimum acceptable number of days schools of the Commonwealth must be in session (presently one hundred eighty [180] days) is recognized by both parties to this Agreement as one of the controlling factors in the length of the work year for teachers, as is the date on which Labor Day falls and its bearing on the determination of the opening date of school for students. In order that proper preparations can be made for the orderly opening of school in September, it is recognized and accepted by the parties to this Agreement that, for the reasons stated above, guidance counselors, new personnel, and those persons enumerated above responsible for new personnel orientation may be required in some years to report for duty from one to two days prior to September 1st. The counselor's work year will consist of no more than one hundred ninety (190) days. Counselors will report six (6) days prior to the beginning of the school year, will remain one (1) day at the end of the first semester, and will remain three (3) days after the close of the school year.

 

Circumstances considered to be other than normal as applied to this section that may require school to be in session longer than the stated time will require a mutual agreement between the Committee and the representatives of the Association.

 

The Association will be permitted to review and provide input to the school calendar before the Committee adopts the final draft. Except for unforeseen circumstances, the official school calendar, once it is established by the Committee, shall not be changed.

 

The teachers' work year will consist of no more than one hundred eighty-four (184) days, one hundred eighty-one (181) teaching days and three (3) non-teaching days. Non-teaching days shall consist of the day before students begin the school year, one (1) day at the end of the first semester, and one (1) day beyond the established closing date for students at the end of the school year. The second (2nd) day will be used for closing out first semester grades and preparing for the second semester. No administrative meetings will be held on the day between semesters, however, teachers may participate in District-sponsored professional development activities on a voluntary basis.

 

Any teacher who agrees to work in excess of one hundred eighty-four (184) days, at the request of the Administration, shall be compensated at the rate of one one hundred eighty-fourth (1/184th) of his/her annual salary, per day.

 

Section 5:

 

Teachers may be required to attend four (4) school-run evening duties during the school year. All teachers will be assigned three evening duties before any teacher is assigned a fourth duty. No duties shall extend beyond 10:00 p.m. on Sunday through Thursday evenings. The only exception to this shall be the "Senior Banquet." Any such duty which exceeds five (5) hours shall constitute two (2) duty assignments. If a duty falls on a day when school is not in session, the teacher will be paid at the hourly rate specified in "Appendix B" of this Agreement for Intramural Coaches. This does not include any teacher who is receiving a stipend for that function. Compulsory attendance at evening meetings or functions shall be equally divided as much as reasonably possible by the principals among all personnel of the school included in the bargaining unit as described in Article I, Section 2, of this Agreement. Attendance at other than compulsory evening meetings or functions shall not be cumulative and shall be at the discretion of the individual teacher.

 

Eighth-grade teachers will not be required to be present for the annual eighth-grade dance unless they have been assigned that duty. Any eighth-grade teacher who requests the eighth-grade dance as a duty will be given preference over those teachers who have not so requested it. However, twelfth-grade homeroom teachers will be present for graduation ceremonies unless there are extenuating circumstances. In the event that such attendance results in any such teacher having to work an evening duty beyond the requirement as set forth in this section, then he/she shall be compensated at the same hourly rate specified above, with a two(2) hour minimum payment. Other teachers volunteering for an additional duty night will be compensated at the same rate. It is agreed that principals will make every effort to avoid assigning duties beyond the requirement as set forth in this section, if possible, through equitable division of annual duty assignments.

 

Teachers will be excused from extra help any day on which they have an evening duty, such as a regularly scheduled parents’ night, or parent conferences as in the Middle School.

 

Section 6:

 

Teachers will have a duty-free lunch period of no less than thirty-five (35) minutes, including passing time.

 

Section 7:

 

Teacher participation in stipend programs shall be voluntary.

 

Section 8:

 

Supervision of practice teachers shall usually be conducted by teachers with professional teacher status. The assignment of all practice teachers will be a responsibility of the principal. In making such assignments, he/she shall, with the assistance of the department head concerned, take into consideration the academic load schedule and record of similar past supervision assignments of the classroom teacher being considered for this assignment. Also to be taken into consideration in making such assignments is the desirability of avoiding situations arising that would result in any student or group of students having more than one practice teacher during any given practice teaching period. As nearly as possible, assignments of teachers to supervise practice teachers shall be equally divided among all classroom teachers with professional teacher status. Classroom teachers may, however, volunteer for such assignment and, in fact, are urged to do so in the interest of developing competent and well-trained teachers for the profession.

 

Section 9:

 

Teachers shall not be assigned the following or similar duties: cafeteria duty, bus duty, lavatory duty, or parking lot duty, but they shall continue to assist in the maintenance of an orderly school environment. Teachers may be assigned such duties in lieu of other supervisory responsibilities by mutual agreement with the principal.

 

Section 10:

 

By mutual agreement, teachers may be assigned corridor duty in lieu of other administrative assignments, not to exceed one (1) period in length nor thirty (30) periods per year.

 

ARTICLE IX

 

Assignment

Section 1:

 

The normal workload of a classroom teacher will include up to thirty (30) teaching periods per cycle, six (6) preparation periods (one [1] per day), and six (6) periods of professional duties per cycle. However, every teacher will be assigned three periods of professional duties per cycle before any teacher is assigned a fourth duty. The intent of the Committee and the administration in the matter of teacher assignment is that of being as fair and equitable as possible, always keeping in mind the best interest of both teachers and the students to be served.

 

By mutual agreement of teacher and principal, a teacher may opt not to have one preparation period per day, but must have six (6) preparation periods per cycle. An exception to this is that teachers in their first year at Masconomet and who have had three years or less teaching experience will not be assigned the six (6) professional duties. First-year teachers in the Middle School will, however, be expected to attend team meetings.

 

Professional duties may include:

a.       Regularly scheduled parent conferences.

b.       Assigned or approved curriculum revision or development.

c.        Posted availability for assigned individual student help or counseling.

d.       Posted small group discussion, department approved or assigned.

e.        Mini-course teaching (voluntary with administrative approval so long as full teaching load does not exceed thirty-three [33] periods per cycle).

f.        Study hall supervision (at a ratio of fifty [50] students maximum per one adult).

g.        Resource room assignments.

h.       Team meetings or other regularly scheduled meetings of an educational, student-oriented nature.

i.         Open labs.

j.         Supervision of student activities such as clubs, games, etc.

k.       Other assignments mutually agreed upon between department head, teacher, and principal.

l.         Teachers may be assigned to supervise a homeroom/attendance room. This attendance duty may not exceed fifteen (15) minutes per day. Any time in excess of fifteen (15) minutes per day will be counted as part of the three periods of professional duties.

 

After consultation with the teachers and the department heads, the principal will assume responsibility for assigning professional duties. Professional duties will be distributed equitably among all currently employed members of the bargaining unit.

 

It is agreed that in an emergency teachers may be assigned more than the normal teaching load, but only as a temporary expedient and for a reasonable length of time not to exceed one (1) marking period.

 

If such an emergency assignment is deemed necessary, said teacher will receive additional compensation after performing such duties for five (5) school days. The amount of compensation shall be retroactive to the first day of said duty and will be determined in the following manner:

 

One one hundred eighty-fourth (184th) of the teacher's annual salary divided by the number of periods in a normal school day. This represents the teacher's daily salary for each additional class.

 

If a teacher is assigned to cover a class for a teacher who is absent, the remuneration will be thirty (30) dollars per class for a period of forty-seven (47) minutes and forty (40) dollars per class for a period of fifty-nine (59) minutes.

 

A teacher may, by mutual agreement, take more than a normal load for an extended period of time. The amount of additional compensation will be determined as follows:

 

1.       If the teacher takes a normal load of professional duties along with a teaching overload, the daily salary for each additional class will be one one-hundred eighty-fourth (1/184th) of the teacher's annual salary divided by five (5);

2.       If the teacher is relieved of his/her professional duties, the daily salary for each additional class will be one one-hundred eighty-fourth (184th) of the teacher's annual salary divided by seven (7).

3.       If a teacher teaches more than 236 minutes per day, said teacher will receive additional compensation. The additional compensation will be determined as follows:

a.       The teacher’s annual salary (which includes Associate Master Teacher, Master Teacher and longevity pay) is divided by the number of teaching minutes in the school year to determine the per-minute pay rate.

b.       The number of additional teaching minutes is multiplied by the per-minute rate as calculated in (a) and multiplied again by the number of teaching days. This amount is added to the teacher’s salary to determine a new annual salary.

 

Teachers who become unassigned because of early release of seniors may be assigned to cover classes, complete curriculum work, administer MCAS testing, or other professional duties as defined by Article IX, Section I. Professional duties will be distributed equitably among unassigned bargaining unit members by the principal or assistant principal.

 

The Committee shall be permitted to adopt a different class or bell schedule as long as the total number of teaching minutes does not exceed 236 minutes per day.

 

Section 2:

 

The size of classes insofar as possible shall be predicated upon the methods and materials of instruction, the physical facilities and equipment available, and the recognized goal of a teacher-pupil ratio that makes for the most efficient and effective learning experiences for students.

 

Should a dispute arise under the provisions of this section, it may be appealed directly to the superintendent if it cannot be adjusted by the teacher with his/her department head and his/her principal. The decision of the superintendent will be final and binding. In no event are the provisions of this section to be considered a grievance within the meaning of the Grievance Procedure contained in this Agreement.

 

Section 3:

 

Under normal circumstances teachers will not be required to teach in more than two (2) general subject areas nor in more than three (3) levels of the same subject in any semester. An exception to the above shall be assignment of teachers to classes in the curriculum in their general area of competence, by mutual agreement among members of the administration and faculty members involved that such assignment would be in the best interest of the students. Teachers are required to be adequately prepared for each class and shall devote sufficient time in preparation each day in order to accomplish this end.

 

Any online course or online section of a course taught by Masconomet teachers to Masconomet students during the regular academic year will count toward the teacher’s teaching schedule. No Masconomet teacher’s workload will be reduced by online courses taught by non-Masconomet faculty. No more than 20 students may enroll in any given section of an online course. Students may be granted Masconomet credit only for online courses that are part of an approved course of study.

 

Section 4:

 

Teachers will be notified in writing of the grade, subject, and courses they will teach for the entire coming school year, including the school to which they will be assigned and any special or unusual classes they will have, with reasonable certainty, consistent with the uncontrollable changes required in assignments that normally occur, as soon as practicable after the assignments have been made by the administration, and, under normal circumstances, not later than June 15th of the preceding school year.

 

Section 5:

 

In keeping with the long-established policy of the Committee and the administration, teachers will not be assigned, except temporarily and for good cause, to teach classes for which they are not certified or which are outside the scope of their major or minor fields of study.

 

Section 6:

 

A list of professional positions and/or overloads open in the regular day school, the adult evening school, the summer school, and under Federally-funded programs operated by the school individually or jointly with one or more other school systems, will be publicized by posting of notices as far in advance as reasonable in the faculty workrooms of each school. During the summer vacation months of July and August, notification of any such openings will be communicated in writing to those staff members whom the administration feels are qualified to be applicants. Said notices shall set forth the general qualifications for the position(s), a general description of the duties, and the rate of compensation.

 

The selection of the professional employee to fill the position shall be at the discretion of the principal, with the approval of the superintendent. It is the Committee's intent to continue the practice of teacher participation in the selection of personnel. The superintendent will furnish the names of teachers participating in the selection process to the Association president upon request.

 

Section 7:

 

In the event that it becomes necessary, for any reason, to reduce the number of employees included in the bargaining unit defined in Article I, Section 2, the following order and procedure will be applied:

 

1.       Normal attrition will be used. That is, teachers who resign, retire, or who otherwise terminate their employment in departments to be reduced shall not be replaced.

2.       Teachers with professional teacher status shall not be laid off if there is a teacher without professional status whose position the teacher with professional teacher status is qualified to fill. For the purposes of these provisions, qualified means that the teacher has professional teacher status:

(a)     possesses the certification required by Chapter 71, Section 38g, of the General Laws of the Commonwealth of Massachusetts and meets the highly qualified standard of No Child Left Behind; or

(b)     in addition to possessing eighteen (18) credit hours in the discipline to which he/she is to be transferred, submits to the superintendent a plan by which he/she will become certified prior to September 1st of the second school year to follow. Failing to fulfill such plan, the teacher must request, and shall be granted, an Involuntary Leave of Absence effective September 1st of that year.

 

In the event that a teacher moves into a new discipline via clause (b), the Committee agrees to seek a waiver of certification requirements from the State Department of Education in order to allow that teacher to obtain full certification in the new discipline during the coming year. The Committee also agrees to assist in having the "practicum" requirement for certification met through the teacher's classroom assignment that year.

 

Any teacher with professional teacher status who moves into another discipline by any of the means outlined in this Subsection 2 then shall be considered the most junior teacher with professional teacher status in the discipline for the next three full school years and shall be first laid off after all personnel without professional status, if a teacher with professional teacher status in that discipline is to be laid off. At the end of said three-year period, the provisions of Subsection 3 shall apply to said most-junior teacher.

 

3.     If a reduction in teaching staff results in the layoff of a teacher with professional teacher status, the order of layoff shall be on a departmental basis. Within each department, personnel to be laid off shall be determined by classification in the following order:

 

teacher with professional teacher status -0-3 years of experience as a teacher who has bumped into the Department

teacher with professional teacher status -1-3 years of experience in the Masconomet school system

teacher with professional teacher status -4-8 years of experience in the Masconomet school system

teacher with professional teacher status -9-13 years of experience in the Masconomet school system

teacher with professional teacher status -14-18 years of experience in the Masconomet school system

teacher with professional teacher status -19-23 years of experience in the Masconomet school system

teacher with professional teacher status -24-28 years of experience in the Masconomet school system

teacher with professional teacher status -29+ years of experience in the Masconomet school system, or teachers who have achieved Master Teacher status

 

All teachers will have completed a year's experience as of the last working day in June, provided they have received compensation under Appendix A for at least 92 days of that school year. It is at that time that eligible teachers will move to the next reduction-in-force category, which is the day following the last day of the second year listed.

 

Teachers in the 29+ Masters teacher category will be ordered by strict seniority measured by the date of original employment in the District.

 

“Years of experience" shall be defined as the length of continuous service in the District for which compensation, as defined by Appendix A, is/was received. Unpaid leaves for approved study that is confirmed by a transcript of completed course work from an accredited university, teaching abroad, or participation in government service or national service organization such as the Peace Corps and VISTA, will count as years of experience at Masconomet. Child-rearing and maternity/paternity leave taken prior to FY93 will count as years of service. Other unpaid leaves will neither accrue toward nor interrupt experience at Masconomet. All paid leaves will count as experience at Masconomet.

 

4.     Within a classification to be affected by layoff of teachers with professional teacher status, the following considerations, as exemplified by all department members in said classification, shall be considered in determining the order in which personnel shall be laid off: years of subject area teaching experience in the system, major and/or minor fields of study, and quality of teaching performance. In cases in which the above factors are equal, the teacher whose date of original employment in the District is most recent shall be the first to be laid off.

5.     A teacher so affected by a reduction in staff shall be notified within five (5) days of the close of the last annual Town Meeting in the District (but no later than May 20th) of the school year preceding the year in which the reduction is to take place. Said notification shall include a statement of reason for the reduction of staff as it pertains to the individual teacher.

 

A teacher with professional teacher status who has been so notified of the Committee's intention to reduce-in-force shall have the right to that portion of any opening for which he/she is qualified (under Subsection 2 above) that will help to restore him/her to that portion of a position he/she held prior to his/her initial reduction-in-force, but in no case more than a full-time position. A teacher who is not subject to R.I.F. and who volunteers to accept a partial or full reduction-in-force will have rights to recall to restore him/her to the level of employment held prior to volunteering for R.I.F.

 

If the teacher wishes to have his/her layoff treated as an involuntary leave of absence rather than a dismissal, said teacher shall notify the superintendent in writing not later than fourteen (14) calendar days of receipt of the notification and will agree in writing not to exercise any rights that he/she may have pursuant to Chapter 71, Section 42 or 43A, of the Massachusetts General Laws. The waiver shall be in the form attached hereto as Appendix C. Any teacher who does not execute the waiver will subsequently have his/her layoff treated as a dismissal pursuant to General Laws, Chapter 71, Section 42.

 

6.     If vacancies occur, if new positions are added or positions reinstated, teachers with professional teacher status laid off under these provisions who are qualified under the provisions of Subsection 2 above shall have right of recall before other applicants are given consideration for a period of three (3) full school years beyond June 30 of the year in which he/she receives notice of layoff, subject to the following: Subsequent to the application of Subsection 5, Paragraph 2, teachers shall be recalled to the department(s) in which they have Masconomet teaching experience before the opening is filled by any other person. Recall to areas of qualification in which they have no Masconomet teaching experience shall occur before the position is filled from outside the system.

 

Notification of open positions shall be sent by registered or certified mail to all teachers on the recall list at their last address of record to determine qualification and interest in the position. Said teachers shall have seven (7) days after receipt in which to respond indicating their interest and outlining their qualifications.

 

It will be the responsibility of the teacher to provide in writing to the superintendent's office his/her present address and the status of course work completed and certification received.

 

Recall notice shall then be sent to the appropriate teachers, who shall have seven (7) days after receipt to accept the position. Acceptance will be by a telephone call to the superintendent's office, confirmed by a certified or registered letter.

 

7.     While members of the bargaining unit continue on layoff as defined in Subsection 6 above, the Committee agrees not to hire any new teachers unless (1) no teacher on layoff is qualified to fill a position, and (2) all qualified teachers on layoff have declined the offer to fill the vacancy.

 

8.     Subject to provisions of Chapter 32B of the General Laws of the Commonwealth of Massachusetts, laid-off employees may continue group insurance coverage for the maximum time period allowed by law, as long as they remain on recall, by reimbursing the District for the entire premium cost.

 

9.     Teachers laid off under the provisions of this section shall be given priority on the substitute list, if they choose to be so recorded.

 

10.  Transfer shall refer to the partial or total reassignment of a teacher, either voluntarily or involuntarily, from one discipline to another, other than by the "bumping" provisions of Article IX, Section 7.

 

Any teacher who so transfers after September 1, 1983, shall continue to accumulate experience in the discipline he/she left as well as in the discipline into which he/she has transferred. At the end of a three-year (3) period, the teacher will be placed into the appropriate classification as outlined in Subsection 3 of this Article and will be considered a member of the department to which he/she has transferred.

 

A teacher who is split between two or more departments shall accumulate experience in both/all such departments for as long as he/she is so assigned.

 

Should a teacher ever return to a department in which he/she has previous Masconomet experience, then he/she shall be credited with all those full years of experience at Masconomet as a member of that department.

 

If a reduction-in-staff is to occur during the first three years of the transfer in the teacher's new discipline, then he/she must be returned to his/her original discipline before any other teacher with professional teacher status is removed from the new discipline. Should this, in turn, require a reduction in the original discipline, then the provisions of this Sub-section 10 shall first be applied there, followed by the provisions of Sub-section 3, if necessary. However, if the intent of the transfer, either partial or full, is to reduce or eliminate a RIF of another teacher or is involuntary, the following must also be applied: If the transferee becomes subject to RIF in his/her new department within six (6) years of his/her transfer, the transferee must be returned to his/her original department before the RIF can take place. Should this occur, years of experience in the new department will accrue to the old department as well.

 

All teachers who are transferred from one department to another will be given a letter by the superintendent stating the reason for the transfer and whether it is voluntary or involuntary. A copy of this letter will also be sent to the chair of the Professional Improvement Committee.

 

11.  No teacher on the recall list after September 1, 1983, via dismissal proceedings shall be recalled before all qualified teachers who are on the recall list via involuntary leave of absence proceedings have been offered the position.

12.  In cases where there is uncertainty regarding this section of the Agreement, the superintendent and the Association representatives will meet and confer to attempt to determine the proper interpretation. The Committee action taken following said meeting shall not restrict the teacher’s or the Association's rights under Article V, VI, or any other portion of the Agreement.

 

ARTICLE X

 

Protection

Section 1:

 

The School Committee and the Association agree that complaints involving teachers are best and properly resolved by the parties involved. To that end, the administration will advise persons complaining about the actions of a teacher that it is our policy to encourage complainants to deal with the teacher directly.

 

If an administrator receives an anonymous telephone complaint, the administrator will ask the caller to identify himself/herself and will tell the caller the complaint cannot be considered if the caller remains anonymous to the administrator. The administrator may, in the administrator's discretion, choose to hear the complaint if the complainant insists on remaining anonymous, provided the administrator informs the complainant that no action will be taken without the complainant making his/her identity known to the administrator.

 

If the complainant is willing to identify himself/herself only to the administrator, the administrator may conduct an informal investigation to determine if the complaint is tenable or feasible. However, unless the complainant is identified to the teacher, no formal response may be filed nor may any other files of the investigation be kept, except in accordance with this section.

 

The superintendent and other administrators may establish administrative working files to organize and maintain information that has been received and may conduct the following and similar types of activities to determine whether a complaint is feasible or tenable. Before any of the following take place and within five (5) school days after the administrator's receipt of the complaint, the teacher(s) involved shall be notified by the responsible administrator that an investigation, which may include the following, is underway:

 

1.       Meet with students, parents, or others who wish to have their identity kept confidential. However, the administrator shall advise such persons that no action can be taken if a complainant remains anonymous.

2.       Initiate investigations concerning the accuracy of complaints received.

3.       Review relevant information with other staff and administrators.

 

If the complaint is deemed serious enough, in the opinion of the superintendent or administrator, to warrant keeping a formal report (or reports) that could be used in future evaluations and become part of the staff member's official file, the staff member will be so notified by the superintendent or administrator. Such notification shall include the following information in writing concerning the complaint(s):

 

1.       A description of the alleged offense;

2.       The time and location of the alleged offense;

3.       The identity of the complainant;

4.       The identity of the persons who have provided information regarding the complaint;

5.       The administrator's conclusions or the results of the administrator's evaluation of the complaint.

 

No information included in a report shall have been in the possession of the administrator for more than two (2) months. The report will be signed by the appropriate administrator. The report will state that it is an investigation under Article X, Section 1, of this Agreement. After receiving the report, the staff member shall have the opportunity to include his/her explanation or response as part of his/her record. The staff member shall have eight (8) school days to submit such explanation or response. During the summer vacation period, the eight(8) day response requirement shall not apply (except by mutual consent) but shall be moved to the first eight (8) days of the next school year.

 

Section 2:

 

Teachers will immediately report to the superintendent in writing, with copies of the report also given to the principal, all cases of actual or suspected assault and/or battery suffered by them in the course of their employment in the school. Likewise, teachers will report in writing, as above, any incident that involved the touching of an individual and that might, in their opinion, give rise to a charge of assault and/or battery against them.

 

The teacher's report will be forwarded to the Committee or its designee. The Committee will comply with any reasonable request from the teacher or the Association for information in its possession relevant to the incident and persons directly involved, and will otherwise reasonably act and cooperate with the teacher, police, and the courts to the extent it is possessed of such knowledge, reports, and information of the incident as the employing authority; provided, however, that the Committee deems such action to be reasonably within the best interests of the school.

 

Section 3:

 

The private and personal life of a teacher is not within the appropriate concern or attention of the Committee except as it may interfere with the teacher's responsibilities and effectiveness with students and/or the school system.

 

ARTICLE XI

 

Section 1:

 

Consistent with the usual and existing practices at Masconomet, all monitoring and/or observations of the work performance of a teacher will be conducted openly and in a professional manner. Teachers will be given a copy of each administrator's or supervisor's evaluation report before the composite is made.

 

Section 2:

 

Teachers whose service has been rated unsatisfactory or who have been formally criticized or reprimanded by a superior in any respect shall be notified of such action and shall have the right, upon request, to meet with the rating or evaluating superior who shall review and fully explain the rating of the teacher. Said reviewing superior shall also define and suggest to the teacher areas for remedy and improvement of the rating, criticism, or reprimand.

With regard to the personnel file or folder of all teachers, the Committee hereby reaffirms its belief in and compliance with the so-called "open folder rule" of the laws of the Commonwealth as more fully explained in Chapter 71, Section 42C, of the General Laws that preserve a teacher's right to examine and copy "personnel folder, files, cards, and records" concerning either the teacher or his/her work, provided that such examination shall be in the presence of a school official or his/her designee.

 

Teachers shall receive a copy of any material that could be construed as professionally unfavorable, in part or in whole, and that is designated as intended for the teacher's personnel folder. Teachers shall be given the opportunity to submit for placement in the folder their response, to be attached to the material in question.

 

However, consistent with the cited statute, it shall be the responsibility of the individual teacher to request and periodically review his/her folder. The Committee urges teachers to review regularly their personnel folders in order to protect fully their rights and to implement fully the terms, provisions, and tenets of this Agreement.

 

Section 3:

 

The Association recognizes the authority, discretion, and responsibility of the superintendent, principals, and department heads for disciplining or reprimanding a teacher or recommending such action for delinquency of professional performance or standards, conduct unbecoming a teacher, or other good cause.

 

Section 4:

 

No teacher shall be disciplined, reprimanded, suspended, reduced in rank or compensation, deprived of any professional advantage, or dismissed without good cause. This provision shall not apply to the statutory non-renewal of a teacher without professional status.

 

The Association agrees that in the event of a suspension or discharge of a teacher, compliance by the Committee and/or administration with the various steps and provisions of the Grievance Procedure contained in this Agreement shall constitute full satisfaction of the provisions of the General Laws of the Commonwealth as they pertain to such action, particularly Chapter 71, Section 42, and said Association does hereby waive any and all rights at law in equity to appeal on the sole basis of the Committee's non-compliance with said statute.

 

In consideration of the fact that this Agreement contains mutually agreed upon provisions for final and binding arbitration regarding alleged unjust Committee and/or administrative action under this Section, the Association further agrees that full compliance with the arbitration provisions of this Agreement and Chapter 71 of General Laws of the Commonwealth of Massachusetts by the Committee and/or administration with respect to the suspension or discharge of a teacher resulting in a final and binding decision under this Agreement shall fully exhaust the remedies of the Association in that regard. The Association does hereby waive any and all rights at law or in equity to appeal, on the merits, any final and binding decision made under the Arbitration provisions of this Agreement pursuant to Chapter 71, Section 43A, of the General Laws.

 

Section 5:

 

The Committee will, upon written request, provide the Association with relevant documents as will reasonably assist the Association in developing intelligent, accurate, current, informed, and constructive programs on behalf of the teachers and their students.

 

The Committee, upon written request, will provide the Association with reasonably relevant material as is necessary to enable the Association to fully protect the rights of its members and to interpret and police this Agreement. The written request will contain a list of the information, the document or evidence required, the form in which it is requested, and the issues to which the information is relevant. The Committee reserves the right to discuss the form and expense of supplying requested information to the Association.

 

ARTICLE XII

 

Association Activity

Section 1:

 

The Association is hereby granted, without cost, the privilege of using school buildings during hours other than those specified in Article VIII, Section 3, for Association meetings. The Association will notify the principal of the school in question of the time and place of the meeting at least twenty-four (24) hours in advance.

 

Section 2:

 

The Committee will supply one (1) bulletin board in the faculty workrooms of each school for the exclusive use of the Association.

 

The Committee will supply the Association with a mutually agreeable office space if such space is available.

 

Section 3:

 

In order to facilitate the conduct of negotiations and other matters of mutual concern with the least possible expense to the District, the parties agree to normally conduct negotiations and to schedule arbitration, fact-finding, and other judicial or administrative proceedings at reasonable times when the school is not in session. If the Committee schedules negotiations at a time when school is in session, the representatives of the Association who are actually conducting the negotiations shall attend without loss of pay or benefits in order to permit their participation in such meetings. A teacher whose appearance is required before any judicial, quasi-judicial, or administrative tribunal, including but not limited to arbitration, mediation, or fact-finding proceedings, shall not lose any compensation for the performance of such obligations if the teacher's presence is required by the Committee. If the Association requires the teacher to be present for any of the above listed proceedings, the Association shall pay for the cost of the substitute.

 

Section 4:

 

The president of the Association on or before June 15th each year will notify the superintendent of the names and addresses of the officers, members of the Professional Improvement Committee, and other authorized agents of the Association.

 

Section 5:

 

Neither the president of the Association nor the chair of the PIC shall be assigned homeroom, corridor duty, study halls, or school-wide detention halls during the school year he/she is in office.

 

Section 6:

 

Communication among members of the professional staff concerning Association matters on Masconomet Regional School District property will take place only while all of the members involved in such communications are on break or other free non-teaching time, and not in the hearing of students.

 

Section 7:

 

Copies of this Agreement, or its revisions, shall be printed and distributed to all teachers employed by the Committee as of the effective date of the Agreement, or within thirty (30) days of ratification by both the Association and the Committee, whichever occurs last. The Committee shall also furnish forty (40) additional copies of the Agreement, or its revisions, to the Association for its use each year. The expense of printing the Agreement shall be shared equally by the Committee and the Association.

 

ARTICLE XIII

 

Salary Policy and Schedules

Section 1:

 

The Committee, recognizing the far-reaching influence and importance of a sound policy governing the salaries of the professional employees of the Masconomet Regional School District, agrees to employ as teachers and other professional personnel included in the bargaining unit as described in Section 2, Article I, of this Agreement only those persons who have high ethical and moral standards, are of unquestioned integrity and character, and have prepared specifically for teaching at the secondary level. It is further the avowed intent of the Committee to employ experienced teachers insofar as it is able to do so, and likewise to spread as equitably as possible the duties carrying extra compensation among members of the professional staff depending on their interests and abilities.

 

Section 2:

 

The parties to this Agreement recognize and accept the following purposes for which the salary policy and its accompanying schedules of compensation are designed, as being to their mutual self-interest:

 

(1)     To attract and retain teachers and professionals of excellence.

(2)     To provide incentives to members of the professional staff for improvement in teaching performance during their entire professional careers with the District.

(3)     To suitably recognize and reward experience, ability, and performance of teachers.

(4)     To assure that well-organized, valid judgments of teaching performance will be translated into attractive financial awards for meritorious achievement.

(5)     To assure that once teachers enter the employ of the District, their salaries will be commensurate with the value of the service rendered.

(6)     To provide for stability, efficiency, and a high esprit de corps among all members of the teaching staff.

(7)     To provide an orderly means for the equitable compensation of all teachers at all levels of competence.

(8)     To provide the Committee with an orderly, businesslike plan for estimating salary items in the annual budget.

(9)     For the administration to provide coverage for any teacher who is absent to participate in any activity approved by the superintendent.

 

Section 3:

 

The salary of each teacher covered by this Agreement shall be determined pursuant to the remaining sections of this Article.

 

Section 4:

 

The "Basic Teachers' Salary Scale" and the "Expanded Salary Schedule" are those shown in Appendix A of this Agreement.

 

Section 5:

 

There will be four (4) Teaching Classifications as follows: Teacher without Professional Status, Teacher with Professional Status, Associate Master Teacher, and Master Teacher. The last two are merit classifications for which all members of the professional staff, except department heads, who have attained professional teacher status are eligible to apply. Application procedures and the evaluation process and criteria to be employed in connection with eligible applicants desirous of attaining either of these last two classifications for meritorious performance are set forth in Appendices D, E, and F of this Agreement. Note: "Experience" in this section refers to years of experience as defined in Article IX, Section 7, Sub-section 3.

 

The description of each of the above classifications is as follows:

 

(1)           Teacher without Professional Status –

a.             Definition: A beginning teacher, or one with less than three (3) years teaching experience under a valid Massachusetts teaching certificate.

b.             Requirement: Bachelor's Degree

(2)           Teacher with Professional Status –

a.             Definition: One with three (3) or more years teaching experience at Masconomet or in one (1) or more other school systems under a valid Massachusetts teaching certificate.

b.             Requirement: Minimum Department of Education requirements.

c.             Placement on Salary Schedule: On steps four (4) through thirteen (13), according to experience and degree.

(3)           Associate Master Teacher –

a.             Definition: One with three (3) or more years experience at Masconomet (i.e., has achieved professional teacher status) and who has voluntarily applied for such classification by the evaluators on proven meritorious performance.

b.             Requirement: Bachelor's Degree

c.             Placement on Salary Schedule: (1) is eligible to receive a merit award of $1222 (FY09), $1222 (FY10). (2) On September 1st next following his/her appointment to this classification by the Committee, the teacher will have $407 added to his/her salary as determined by the Masconomet Regional Teachers' Agreement. On September 1st of the following year, the teacher will have $814 added to his/her basic salary as determined by the Masconomet Regional Teachers' Agreement. On September 1st of the following year and for all time thereafter, the teacher will have $1222 added to his/her salary as determined by the Masconomet Regional Teachers' Agreement.

d.             Each teacher who is awarded the designation “Associate Master Teacher” is expected to participate in a minimum of one standing or ad hoc committee per year.

(4)           Master Teacher

a.             Definition: One who has been classified for three (3) years as Associate Master Teacher and has voluntarily applied for and has been awarded such classification by the Committee upon the recommendation of the evaluators for continued proven meritorious performance.

b.             Requirement: Master's Degree

c.             Placement on Salary Schedule: (1) is eligible to receive a merit award of $1222 (FY09), $1222 (FY10). (2) On September 1st next following his/her appointment to this classification by the Committee, the teacher will have $407 added to his/her salary as determined by the Masconomet Regional Teachers' Agreement. On September 1st of the following year, the teacher will have $814 added to his/her basic salary as determined by the Masconomet Regional Teachers' Agreement. On September 1st of the following year and for all time thereafter, the teacher will have $1222 added to his/her salary as determined by the Masconomet Regional Teachers' Agreement.

d.             A teacher awarded the designation of “Master Teacher” is expected to participate in a minimum of one standing or ad hoc committee per year and may be assigned a mentoring relationship with a less senior teacher as assigned by the administration. Mentoring assignments will be distributed equally among all Master Teachers. Before a second mentoring assignment may be given to a Master Teacher, all other Master Teachers must have been given a mentoring assignment. By mutual agreement of the teacher and his/her principal, up to 30 hours of curriculum work per year may be assigned to the teacher in lieu of committee work.

 

Section 6:

 

The Evaluation Process and the Criteria for Evaluation, including evaluation for the Merit Classifications of Associate Master Teacher and Master Teacher, as agreed upon by the Association and the Committee, are set forth in detail in Appendix D and Appendix E, respectively, of this Agreement.

 

Section 7:

 

To encourage teachers to pursue programs of advanced graduate study and to further raise the professional standards as these exist at Masconomet in order to provide the students of this school with the finest, most dedicated, and best informed teachers possible on a continuing basis, the “Basic Teachers’ Salary Schedule” (See Appendix A) provides for the payment of a differential as shown therein for each 15 Semester Hours of approved (see Section 9) graduate study for the following degree levels: Bachelor’s Degree plus fifteen (15) hours, Bachelor’s Degree plus thirty (30) hours, Master’s Degree plus fifteen (15) hours, Master’s Degree plus thirty (30) hours, Master’s Degree plus forty-five (45) hours, Master’s Degree plus sixty (60) hours, Master’s Degree plus seventy-five (75) hours, Second Master’s/ Certificate of Advanced Graduate Specialization (CAGS), and Doctorate, or those similar to it which result in the issuing of such a certificate by the awarding institution.

 

This provision makes it possible to award teachers with immediate financial returns as they progress toward the earning of a higher academic degree. In instances where the additional study does not result in the earning of a higher academic degree, these non-degree programs must represent fifteen (15), thirty (30), forty-five (45), sixty (60), or seventy-five (75) hours of successful graduate work that is acceptable to and has been approved in advance by a committee consisting of the superintendent and two professional staff members (Course Review Team) appointed by the Association.

 

Six (6) of the fifteen (15) credits for advancement on the salary scale may be alternative activities other than regular graduate courses. Alternative activities are open to anyone with a Master’s Degree or above. These alternative activities must be approved in advance by the Alternative Activity Review Team, which will consist of the original Course Review Team and up to three additional Master Teachers appointed by the Association for this purpose only. The Alternative Activity Review Team will review the guidelines for these alternative activities at the end of each year.

 

In-service courses shall be defined as any instructional courses offered to teachers by the Masconomet Regional School District or by accredited outside agents but not as part of the graduate education programs of a college or university.

 

In-service credits may be awarded for advancement on the salary schedule in cases where the Course Review Team deems the program to be useful to the improvement of instruction at Masconomet. Such programs must have the advance approval of the Course Review Team in order to be used for salary advancement.

 

Teachers completing in-service courses offered by outside agents, but not receiving graduate credit, shall each receive the number of credits mutually agreed upon by the teachers involved (as a group) and the Course Review Team. Such credit shall be based upon the stated requirements of the course, as well as any additional professional activity mutually agreed upon by those teachers and the Course Review Team in advance.

 

The Professional Development Committee, made up of the superintendent or a designee, two (2) department heads, and four (4) teachers appointed by the Association, will develop and offer in-service credits for advancement on the salary scale and PDPs for purposes of teacher recertification. The Professional Development Committee will meet at least once a year with the Course Review Team and the Alternative Activity Review Team to coordinate these workshop offerings with the needs of teachers and to take advantage of the faculty expertise. Teachers are encouraged to participate actively in the planning of professional development activities.

 

Any Masconomet professional development activity that requires five full workdays of participation will count as one three(3) credit course and at least 45 PDPs. In addition, any Masconomet in-service courses will count towards advancement on the salary schedule as well as PDPs for re-certification. Each fifteen (15) such PDPs received will be the equivalent of one (1) graduate credit on the salary schedule.

 

A teacher shall not be deemed qualified for progression to a higher degree level unless his/her intention to so qualify has been filed with the Course Review Team on or before December 15th preceding the beginning of the school year in which such progression is to occur.

 

Adjustments in the salary of a teacher qualifying for a change in degree level will be effective at the beginning of the school year when the teacher has presented evidence of official transcripts, course grade reports, or other official verification to the superintendent of a program of graduate study pursued in accordance with the provisions of this article. In cases where transcripts, grades, etc. are not presented before the first day of school, the date of submission will be the effective date of the salary change.

 

In order to encourage experienced teachers to continue their professional studies throughout their careers, any teacher who has achieved the M+75 column shall be eligible for an additional salary increment of $250 per three-credit course satisfactorily completed, payable upon presentation of a transcript indicating that the course was completed with a grade of at least “B.” These courses must receive advance approval of the Course Review Team. A teacher may take only two (2) of these courses per year, up to a maximum of six (6) courses (eighteen credits). The provisions of this paragraph are limited to teachers employed at Masconomet as of November 19th, 2002. Teachers hired after that date must pursue a second Master’s degree, a CAGS, or a Doctorate in order to advance beyond Master’s+75 on the salary schedule.

 

Any teacher currently at M+75 as of November 19th, 2002, who chooses to pursue a second Master’s degree, CAGS, or Doctorate will receive an interim annual $1000.00 payment upon completion of one half of the credits for the second Master’s degree, CAGS, or Doctorate. The teacher will receive this additional annual payment until final completion of the program. If the teacher does not complete the second Master’s degree or CAGS program within two (2) years, or Doctorate within four (4) years from the initial award of the interim payment, the teacher shall no longer receive the additional annual payment.

 

For all graduate courses in which tuition is paid, teachers will be reimbursed a portion of the cost of the course based on the following guidelines:

 

·         The School Committee will budget $40,000 specifically for course reimbursement. The total amount of money distributed to teachers for course reimbursement will not exceed the amounts budgeted by the School Committee.

·         Each year, a teacher must notify the Course Approval Committee of his/her intention to seek reimbursement for a qualifying graduate course no later than May 30th for courses being offered between July 1st and June 30th of the following year. An exception to this will be for new teachers, who shall inform the Superintendent by September 30th .

·         Once a teacher presents a transcript indicating that the approved course was completed with a grade of at least “B”, he/she will be reimbursed up to $200 per course for a maximum of two (2) courses per teacher per year. However, no teacher may be reimbursed for a second course in any one year until every teacher who has taken a course receives reimbursement for one course.

·         Budgeted course reimbursement funds not encumbered by May 30th of each year may be redistributed among teachers who have taken a second approved graduate course, but who have not received reimbursement for it.

 

Section 8:

 

Teachers who have special supervisory responsibilities, who have special category positions, who have athletic coaching assignments, or who have a work year that is longer than that required of regular classroom teachers, will be paid an additional stipend above their scheduled salary. The special positions for which an additional stipend will be paid and the basis for the determination of the stipend in each instance are as follows:

 

1.       Independent Study – Teachers who agree to teach an Independent Study will be compensated fifteen hundred (1500) dollars per Independent Study per year for up to three (3) students and shall be compensated an additional five hundred (500) dollars for each additional student. No Independent Study shall include more than six (6) students.

 

2.       Athletic Coaching -Teachers carrying one or more coaching assignment(s) will receive additional compensation as set forth in the Salary Schedule for Coaching as shown in Appendix "B" of this Agreement. The amount of the stipend paid per coaching assignment will be in accordance with this schedule and the teacher's training and previous experience in the sport specialty. The principal and Athletic Director will make every effort to distribute athletic stipends to qualified persons among the faculty on as equitable a basis as possible. Before any individual receives more than one stipend, every effort will be made by the principal and Athletic Director to distribute the available stipends among members of the staff not holding a stipend.

 

3.       Team Leaders and Coordinators -Teachers in this category will receive a stipend above their scheduled salary for the extra duty and responsibility entailed. Coordinator positions currently existing and the stipend to be paid are as follows:

 

a.       Coordinator of Driver Education -12% of the base

b.       Department Coordinators -10% of the base

c.        Media Coordinator -10% of the base

d.       Team Leaders M.S. -5% of the base

e.        Team Leaders H.S. -3% of the base

*The base is defined as the amount equivalent to M+15, step one.

 

4.       Special Educators -These positions shall include those positions presently entitled:

a.       Communications Specialist, Students with Special Learning Needs.

b.       Teacher-Consultant on Students with Special Learning Needs, Specific Learning Disabilities.

c.        Resource Room Teacher of Students with Special Learning Needs, General Learning Disabilities.

d.       Teacher-Consultant on Students with Special Learning Needs, General Learning Disabilities.

e.        Teacher-Consultant on Students with Special Learning Needs, Severe Emotional and Behavior Problems.

 

The term "Special Educator" shall also include specialists who may be employed to perform duties similar to those of the above titles, but whose specific position title may differ in order to reflect specific function.

These positions shall each carry a stipend of 9% of the base.

*The base is defined as the amount equivalent to M+15, step one.

 

Special Educators who were employed before September 1, 1985, are expected to work a longer year than the classroom teachers as follows:

 

a.       Special Education teachers will work two extra days before the beginning date and two extra days following the ending date of the work year for classroom teachers.

b.       Special education teachers will work an additional 7.5 hours per year. The time will be determined by the Special Needs Director.

 

Any Special Educator hired after September 1st, 1985, will not receive the 9% stipend, nor will he/she be expected to work any additional time.

 

5.       Advisors -Teachers assigned to serve as advisors to certain necessary student activities will receive a fixed stipend as stipulated in the Advisor Stipend Schedule (See Appendix B of this Agreement).

 

6.       Guidance Counselors -All guidance counselors will receive a fixed stipend of 9% above their scheduled salary. Compensatory time will be awarded to all counselors when they are required or asked to work at times other than those specified in this Agreement. This compensatory time will be arranged at a time that is mutually agreeable to the counselor and the guidance director.

 

Section 9:

 

Every teacher or professional employee included in the bargaining unit as described in Article I, Section 2 of this Agreement will annually enter into a written contract with the Committee, said contract specifying clearly the amount of salary to be paid during the contract year that shall extend from September 1st through June 30th . The teacher's contract will be completed in duplicate and in addition to the signature of the teacher will bear the signature of the superintendent. The original copy of the contract will be retained by the teacher; the duplicate copy will be kept by the superintendent in the teacher's personal record file or folder.

 

A separate contract (executed in duplicate) will be issued to coordinators, persons involved in athletic coaching, and persons assigned to serve as advisors to certain necessary student activities (as specified in Item (5), Section 8 of Article XIII) specifying the amount of stipend to be paid for the named assignment or duty. All stipend contracts, with the exception of spring coaching contracts, shall be issued at the same time as regular teaching contracts. Spring coaching contracts will be issued on or before June 15th.

 

Section 10:

 

At its sole discretion, the Committee shall fix the initial salary rate of each teacher on entering employment with the District, giving consideration to previous experience and special skills, provided, however, that such salary rate shall not be less than the minimum established in this Article. Teachers, other than long term substitutes, who enter the employment of the District at other than the beginning of the school year and who have received compensation for 92 or more days in accordance with Appendix A, will move the following year on the step schedule as provided for in “Appendix A."  Teachers who are within the Regional School and under contract with the Committee will not be granted individual additional step increases except for merit, change in degree status, or for additional duties.

 

Section 11:

 

The Committee shall, to the extent possible, endeavor to employ as substitute teachers only those who have met the State certification requirements. In instances where the substitute teacher is employed in the same position in excess of twenty (20) consecutive days, the rate of pay commencing with the twenty-first (21st) day will be at the rate of one one-hundred eighty-fourth (1/184th) of the scheduled salary of a beginning teacher without experience having the same degree level of training, retroactive to the date of initial employment in the position.

 

If a certified substitute teacher is unavailable, non-certified personnel may be used with rate of pay to be as described above.

 

The Committee reserves the right in special cases where the absence of the regular teacher will be known to extend over several months, or when the subject specialty is one which presents unusual difficulty in securing a qualified substitute, to set the rate of compensation of the substitute teacher employed on the basis of the person's training and experience as recommended by the superintendent, which in no case will be less than the minimum scheduled salary established in this Article.

 

Part-time teachers shall be paid a percentage of the teachers' salary schedule and expanded salary schedule, where appropriate, equivalent to that portion of the school day or school year for which they are employed. Non-teaching duties will be assigned on a pro-rata basis. The administration will attempt to make these non-teaching duties contiguous to teaching responsibilities.

 

Any teacher retired from Masconomet after satisfactory service who returns to Masconomet as a per diem substitute teacher will be compensated at a rate that is fifteen (15) dollars more per day than the basic substitute rate.

 

Section 12:

 

Salary increases of any kind are not automatic. They are granted by the superintendent, after lawful discussion and consideration of the Association's requests, only where there has been a continuation of a high standard of teaching or a demonstrated improvement in efficiency of service. The superintendent reserves the right, subject to the provisions of this Agreement and after due notice, to withhold increments from a teacher doing unsatisfactory work.

 

Section 13:

 

Salary payments will be made every other Thursday, effective with the beginning of the school year, with the initial payment to be made no later than the Thursday following the opening of school, resulting in twenty-six (26) payments for the school year extending from September 1st to August 30th . Teachers may elect, at time of hiring, or at the end of the school year for the next school year, whether to receive their annual salary in twenty-one (21) paychecks instead of twenty-six (26), beginning with the first payday. All teachers who commence employment on/or after September 1, 2009, will be required to have their checks directly deposited.

 

The salary of each teacher will be deemed fully earned as of the close of school in June, notwithstanding the division of the salary into twenty-six (26) equal installments.

 

Teachers notifying the superintendent in writing on or before March 1st will receive their July and August pay checks on July 1st following the last scheduled working day. Teachers who are retiring on June 30th will receive their checks on the last scheduled work day.

 

To the extent that funds are available, teachers will have the same option provided they notify the superintendent in writing of their intentions on or before June 1st . If funds are not available, payment will be made as soon as possible.

 

Section 14:

 

A teacher who enters the employ of the Committee at any time subsequent to the start of the school year will have his/her pay calculated as follows: one one-hundred eighty-fourth (1/184th) of the annual salary rate multiplied by the number of days not present will be deducted from the full amount of the annual salary. The amount remaining will then be divided by the number of payroll payments remaining through the last pay period in August, thus establishing pay checks of equal amount.

 

Section 15:

 

Every teacher, in accepting a position in the Masconomet Regional School District, implicitly agrees to assume reasonable extra-class and supervisory duties and responsibilities such as will facilitate the educational development of the students and promote good order in the school.

 

Section 16:

 

The Committee will pay the tuition and other costs of a course study that it requests a teacher to take. Payment will be made upon presentation of evidence of successful completion of the course. This shall not be interpreted to mean that the Committee will pay for courses referred to in Article IX, Section 7.

 

Section 17:

 

Vouchers received by the school from colleges and universities in connection with programs entered into between Masconomet and such institutions for the training of practice teachers will be disposed of as follows:

 

(1)           Offered to the teacher who has acted as mentor for the practice teacher.

(2)           Offered to the chair of the department in which the student teacher did his/her practice teaching for the use of the teachers within the department and/or the department head.

(3)           If no one in the department concerned wishes to use such vouchers as are available to it, these vouchers will be offered to the faculty at large and will be assigned on a first-come, first-served basis.

 

All activity in connection with such vouchers will be under the direct administration of the principal, who will see that proper notification is posted on the Association's bulletin boards in the faculty workrooms of all vouchers available and the original departments that are unable to use them.

 

Section 18:

 

The Committee will pay reasonable expenses, including registration fees, meals, transportation, and lodging (when appropriate) incurred by teachers who attend workshops, seminars, conferences, or other approved professional improvement meetings at the request and with the advance written approval of the superintendent or principal and department head, provided, however, that such travel and other expenses have been provided for and are expendable in the maintenance and operating budget of the school.

 

Attendance of teachers and other members of the faculty at national professional conferences will be approved by the administration only after careful screening of convention programs in order to relate such convention attendance to those that have relevance to Masconomet's educational problems. Approval of such national conference attendance will be made only after careful evaluation of all requests submitted to department heads and the principal, by the superintendent.

 

Teachers requesting reimbursement from the Committee under this section will, prior to payment, submit to the superintendent's office a voucher individually listing the expenses together with supporting evidence of the expenditure for which reimbursement is sought and the date and name of the administrator granting approval for the expenses.

 

Section 19:

 

Any teacher who uses his/her own automobile for approved school business shall be reimbursed for mileage at the current IRS rate.

 

Section 20:

 

Day-School teachers who teach an evening school course which is intended to allow students to accumulate credits toward graduation shall be compensated according to the following formula:

 

The base* x one one-hundred eighty-fourth (1/184) x one-seventh (1/7) x number of course credits x number of class sessions. *The base is defined as the amount equivalent to M+15, step one.

 

Section 21:

 

Persons receiving a stipend as an advisor or a coach may select among these methods of payment: a) twenty-six (26) payments for both advisors and coaches; or b) two (2) payments, one in November and one in May for advisors; or c) two (2) payments, one midseason and one at the end of the season for coaches.

 

Section 22:

 

Teachers who teach in-service courses will be reimbursed at the rate of sixty-two (62) dollars and fifty (50) cents per course hour. In addition, thirty-one (31) dollars and fifty (50) cents per course hour will be paid to the teaching assistant, if there is one.

 

ARTICLE XIV

 

Insurance, Hospitalization Benefits, Credit Union, Annuity Plan, and Notification of Resignation or Retirement

 

Section 1:

 

The Committee agrees to pay seventy-seven (77) percent of the cost of a term life insurance policy. The death benefit of the policy will be an amount equal to the teacher's current annual salary or fifty thousand (50,000) dollars, whichever is less. In addition, the Committee agrees to pay seventy-seven (77) percent of the cost of a ten thousand(10,000) dollar term life insurance policy for all retirees.

 

Effective September 1, 2010, the Committee will pay eighty (80) percent of the cost of the Blue Choice Plan and eighty-five (85) percent of the cost of the HMO Blue Plan.

Effective January 1, 2011, the Committee will pay seventy-nine (79) percent of the cost of the Blue Choice Plan and eighty-four (84) percent of the cost of the HMO Blue Plan.

Effective July 1, 2011, the Committee will pay seventy-seven (77) percent of the cost of the Blue Choice Plan and eighty-two (82) percent of the cost of the HMO Blue Plan.

Effective July 1, 2012, the Committee will pay seventy-four (74) percent of the cost of the Blue Choice Plan and seventy-nine (79) percent of the cost of the HMO Blue Plan for the life of this agreement.

 

Insurance deductions will be made from only two paychecks per month. The teacher’s share on payroll checks for participating members will be deducted upon receipt of the proper authorization.

 

In the event that a retiree is not a Massachusetts resident and incurs "out-of-network" costs under Blue Choice, the District agrees to reimburse the first one thousand (1,000) dollars per year on a family plan and the first five hundred (500) dollars per year on an individual plan, provided only that the retiree makes reasonable efforts to obtain "in network" services. Any issues regarding reimbursement for "out-of-network" expenses herein shall be subject to an appeal to a Committee consisting of an Association representative and an administrator, whose determination shall be final.

 

The Committee agrees to pay seventy-two and a half (72.5) percent of the cost of the Blue Cross Blue Shield plan in effect for all currently retired professional staff members and for any future retiree.

The Committee will pay the same percentages of the cost of Medicare Part B and Medex III at the same percent stated above, provided the employee is vested in the retirement system.

The Committee will pay seventy (70) percent of the cost of the Dental Plan at the maximum level of benefit for all eligible employees and retirees.

The Committee agrees to accept Section 9F of Chapter 32B of the General Laws of the Commonwealth of Massachusetts, as amended.

 

Note: Association representatives will continue to meet with the superintendent and others to explore improved dental and medical benefit options. If a mutually agreeable plan is arrived at, the parties agree to reopen the Agreement to implement it. As the Committee becomes aware of changes in the benefit plan made by the insurance company, the Association will be notified. If necessary, the Association and the Committee will develop a plan for implementing the change.

 

The Committee agrees to implement a Flexible Benefits Plan consistent with Section 125 of the Internal Revenue Code to provide pre-tax computation of premium payments for qualified medical, dental, and group life insurance; medical payment reimbursement, and dependent care reimbursement. The details of the Flexible Benefits Plan will be provided to each employee in a Summary Plan Document.

 

The surviving spouse of a deceased employee, who at the time of death was enrolled in a medical plan as offered by the District, either active or retired, is eligible for medical coverage based on the number of years of experience of the employee at the time of death as defined by Article IX, Section 7, Subsection 3:

 

a.             less than ten (10) years experience, the spouse will be covered under his/her existing plan for five (5) years and then may continue under the HMO plan for three (3) additional years.

b.             greater than or equal to ten (10) years experience, the spouse will be covered under his or her existing plan for five (5) years and then will be covered under the HMO plan.

 

If the deceased were an active employee at the time of death, the District will pay a percent of the premium equal to what it would pay if the deceased were still living. On the sixty-fifth (65) birthday of the deceased, the percentages paid thereafter will be those normally paid for retirees.

 

Under these benefits, if the spouse dies or remarries or becomes eligible for other medical insurance benefits through employment or Medicare under any circumstances, the spousal benefit will cease.

 

Section 2:

 

The Committee agrees upon receipt of authorization from participating members of the Association, on a form acceptable to the Committee, to deduct from payroll checks of such members the sum specified by the individual members for Credit Union deposits.

 

The authorization form completed by members of the Association participating in the Credit Union will be transmitted to the superintendent, or his/her authorized agent, by the treasurer of the Louise E. Mills Federal Credit Union along with a payroll deduction sheet listing members and the amounts to be deducted. Said list is to be submitted two (2) weeks in advance of the payroll period for which the deduction is to be made. A similar list will be submitted two (2) weeks in advance for each subsequent pay period accompanied by authorization cards for any change in the amount of the member's deduction.

 

Each individual pay deduction for this purpose shall continue so long as the teacher remains in the employment of the school district and in the unit covered by this Agreement, or until canceled by the teacher through written notice to the treasurer of the Louise E. Mills Federal Credit Union.

 

The Committee agrees to forward to the treasurer of the Louise E. Mills Federal Credit Union, 12 Merrimac Square, Merrimac, MA 01860, following each pay period, a check drawn to the order of "Louise E. Mills Federal Credit Union" for the total amount of the deductions for the period made for this purpose.

 

The Committee agrees to assume the clerical and accounting expenses incurred by the Committee in making such deductions for credit union deposits.

 

Section 3:

 

The Committee agrees to extend to all members of the Association the privilege of participating in a “Tax-Sheltered Annuity” plan as provided under Chapter 466, Acts of 1963, Commonwealth of Massachusetts, and pursuant to the applicable provisions of United States Public Law No. 87-370, and to enter into contract with the individual teacher electing this option, to use the amount by which he/she authorizes his/her annual compensation be reduced to pay the premiums of said annuity.

 

The Committee agrees to contribute to a 403(b) Plan for all bargaining unit members. A bargaining unit member who elects to participate in the program must notify the Superintendent in writing no later than December 15th preceding the first year of participation, and no later than September 30th for new hires.

 

Effective September 1st, 2009, the Committee will annually match up to $200 of an individual employee’s contribution to a 403(b) Plan. The amount matched will be paid in two (2) payments as in Article XIII, section 21, p. 40, letter b) one in November and one in May.

 

The School Committee will not be responsible for any administrative costs charged by a third party for administering this program.

 

Section 4:

 

Teachers intending to resign or retire shall notify the superintendent, in writing, at least four (4) weeks before said termination is to take effect.

 

Section 5:

 

End of Career Policy -To qualify for the provisions of this section, a professional staff member must have been employed on or before the date of ratification of this agreement, and must have completed ten (10) years of experience as defined in Article IX, Section 7, Subsection 3, in the Masconomet Regional School District, must have attained the age of fifty-five (55) years and/or otherwise qualify for immediate payment of retirement benefits upon termination of employment. In addition, the staff member shall have notified the Superintendent of his/her intended date of retirement no later than four (4) months prior to said date.

 

In the event of the death of an employee who is qualified to receive the End of Career Policy Benefit (with the exception of the written notification requirement), the benefit will be paid to the employee's declared beneficiary (See Appendix H).

 

On the next July 1st following the teacher's retirement, a sum of money equal to the product of one (1) percent, the number of years experience at Masconomet, as defined in Article IX, Section 7, Subsection 3, and the teacher's final year salary, as determined by the Masconomet Regional Teachers' Agreement, will be paid to the teacher. The employee will repay all monies received pursuant to this policy should he/she not retire and not receive retirement benefits following his/her final year of employment. If notification of retirement occurs according to the timeline outlined in paragraph one (1) of this section, the employee may choose to have the end of career benefit deferred until January 1st of the following calendar year.

 

If notification occurs during the month of February, payment may be deferred, at the discretion of the District, until July 1st of the following calendar year.

 

Section 6:

 

The Committee agrees to extend to all teachers the privilege of participating in the United Way program through a payroll deduction plan. Such deductions, to be authorized annually by those teachers who desire to participate, shall commence with the seventh (7th) payroll and continue for all twenty (20) remaining payroll periods. Any participating teacher shall have the option of terminating such deductions prior to the normal termination date by so notifying the superintendent's office at least thirty (30) days prior to such desired termination.

 

The Committee agrees to forward all such deductions to the United Way program and to assume the clerical and accounting expenses incurred by the provisions of this section.

 

Section 7:

 

The children of teachers employed by the Masconomet Regional School District may be enrolled in programs housed at the Middle School and High School at the discretion of the Committee. The Association will notify the Committee by June 1st of each year the number of faculty children who would like to attend. The Committee will determine by June 30th how many openings, if any, are available for faculty children for the following year. The Committee will provide the Association with a rationale for its decision. If there are more children than spaces available, a lottery will be conducted by the administration. It is agreed that once a faculty child is enrolled as a student at Masconomet, he /she may continue to attend Masconomet until graduation.

 

ARTICLE XV

Leave

Section 1:

 

The annual sick leave allowance for all teachers shall be fifteen (15) days each school year commencing as of the first official day of each school year. In cases of merit, the Committee, in its sole discretion, may allow sick leave beyond the limits described herein. Unused sick leave days are cumulative from year to year to a maximum of one hundred eighty-five (185) days as of the beginning of any school year. Except on reinstatement after a specifically enumerated leave of absence, no sick leave credit for prior employment will be allowed to any teacher rehired after a termination of service. Teachers whose services are terminated for any reason shall not be entitled to compensation in lieu of any sick leave not taken.

 

A teacher whose term of employment with the District begins after the first month of the school year will have his/her sick leave computed on a pro-rata basis, at the rate of one-and-one-half (1-1/2) days for each month of the school year remaining.

 

The term "sick leave" as herein used shall mean absence from work caused by personal illness, disability of the teacher, and/or emergency family illness.

 

Each teacher shall receive a written accounting of all his/her accumulated sick leave days no later than the initial paycheck of each school year.

 

In addition to personal illness or injury, initial or accumulated sick leave may be utilized for the following purposes, provided, however, such leaves result from individual teacher responsibility, and said teacher will, upon request, supply proof of such responsibility:

 

(a)           The annual sick leave of fifteen (15) sick days may be used for illness in the immediate family when such illness requires the teacher to provide direct care or make arrangements necessary for medical and/or nursing care. The term “immediate family” shall apply to the teacher or the teacher’s spouse/partner and either of their following family members: child, grandchild, parent, sibling, son/daughter-in-law, or other member of the immediate household.

(b)           Additional days for emergency illness or injury may be granted by the superintendent at his/her discretion with as much advance notice as possible.

(c)           Any other reason may be approved by the superintendent with as much advance notice of the intended absence being given as is possible.

 

Major disability is defined as an illness or injury resulting in fifteen (15) consecutive days of absence from work, and applies only to teachers with professional teacher status. In such cases where a teacher with professional teacher status has exhausted his/her personal accumulated sick leave, the Committee will authorize an addition to the teacher's accumulated sick leave of one-half (1/2) day for each of the first ninety-two (92) days of sick leave accumulated as of the first day of the illness or injury. For every day of sick leave accumulated above ninety-two (92) days as of the first day of the illness or injury, the Committee will grant an additional one (1) day's credit, instead of one-half (1/2) day's credit, for such additional days. The Committee reserves the right to have a teacher absent due to major disability examined at Committee cost by a physician mutually agreed upon by the parties to this Agreement.

 

The Association and the Committee will jointly establish a Sick Bank for use by Association members who experience catastrophic illness. The Sick Bank will be administered by a Sick Bank Review Committee, comprised of the Superintendent or his/her designee and two (2) Association members appointed by the Association president.

 

The number of days available in the Sick Bank will be determined through voluntary annual contribution of one day per employee, with days donated by employees to be matched by the School Committee one (1) for one (1). By June 1st of each year, the Superintendent’s office will provide a written form for members to indicate in writing whether they wish to participate in the Sick Bank for the following school year. First year members of the bargaining unit are not eligible to participate in the sick bank. A member of the bargaining unit’s decision is irrevocable during the year for which the form was signed. Days are nonrefundable to members of the bargaining unit and do not accumulate to the Sick Bank from year to year.

 

To be eligible to use days from the Sick Bank, the member must:

 

-Have elected to participate in the Sick Bank by September 1st of the year in which application has been made. Participation requires the voluntary contribution of one sick day by the member per year.

-Apply in writing to the Sick Bank Administration Committee.

-Provide medical documentation of a catastrophic illness. Proof of need from the member’s physician shall accompany said application.

-Have exhausted all personal accumulated sick time and personal days.

Sick Bank time awarded to a member applicant shall not exceed forty-five (45) school days, with extensions granted by the Review Committee upon proof of continued need.

 

The Review Committee will make reasonable efforts to distribute days equitably.

 

The Sick Bank Review Committee will inform the School Committee of all grants made under this provision, and no grievance or economic claim can be made against the Association, School Committee, or members of the Sick Bank Review Committee as a group or as individuals for the administration of the Sick Bank.

 

The Committee reserves the right to review all records relative to the administration of the Sick Bank.

 

Section 2:

 

The following leaves are paid days and shall not be deducted from initial or accumulated sick leave, and are exclusive of each other. Additional time for the following, or leaves for other reasons, may be approved by the superintendent with as much advance notice of the intended absence being given as is possible:

 

(a)           Teachers will be allowed a total of up to five (5) consecutive calendar days bereavement leave, excluding weekends and legal holidays, for each death in the immediate family as defined in paragraph (a) of Section 1. Up to two (2) consecutive calendar days bereavement leave, excluding weekends and legal holidays, will be allowed in the event of the death of the teacher's or the teacher’s spouse/partner’s grandparents, uncle, aunt, niece, or nephew. Such leaves shall not be deducted from accumulated sick leave days, or from personal days, and must have approval of the superintendent or his/her designee. For the purposes of this leave, expansion of the above-defined "immediate family" may be granted at the discretion of the superintendent.

(b)           A teacher may be allowed a maximum of three (3) days absence each school year for personal business or legal obligations that cannot be conducted outside of school hours. Written application for such absence must be made at least twenty-four (24) hours before the taking of such time, except in the case of an emergency, and must be approved by the principal. Such approval shall not be unreasonably withheld. Any personal days that are not used will be added to the accumulated sick leave days of the individual.

(c)           Teachers will be allowed a leave of absence for recognized religious holidays with at least three (3) days advanced notice.

 

Section 3:

 

Leave of absence will be given for a period not to exceed ten (10) school days to teachers required to fulfill their annual tour of duty as a member of a reserve component of the Armed Forces of the United States, or of the State National Guard, when such tour of duty occurs anytime during the school year, September lst to June 30th. A person granted leave under this section will be paid his/her regular compensation for the period of such leave, less the amount of compensation received by him/her from the Federal or State Government, as the case may be, while fulfilling his/her tour of duty obligation.

 

All requests for such leave must be made in writing to the superintendent as far in advance as possible so that appropriate steps can be taken to secure a substitute for such person while on such leave.

 

Section 4:

 

Teachers who are absent for reasons other than those cited above, or for their own convenience, but with the prior approval of the superintendent, will have deducted from their pay for each day of such absence, the amount required to pay for their substitute.

 

Teachers absent for reasons other than those cited above, or for reasons not approved by the superintendent, will have one one-hundred and eighty-fourth (1/184th) of their salary deducted for each day of such unapproved absence.

 

Section 5:

 

If a teacher misses more than five (5) days of school due to a job-related injury, the District will continue to pay the teacher's full salary, provided the teacher has sick leave recorded in the superintendent's office. The full wage will be paid to the teacher with the understanding that the teacher will reimburse the District any disability compensation the teacher receives from the insurance company. The teacher will be charged sick leave on a prorated basis equal to the amount of funds paid to the teacher by the District. The sick leave will be calculated as follows: The amount paid by the insurance will be subtracted from the teacher's wages for that period of time, and the difference will be divided by the teacher's daily wage and rounded to the nearest half day to determine the prorated number of sick days to be charged.

 

Section 6:

 

A partial or full leave of absence without pay may be granted, consistent with the maintenance of proper balance of staffing of the school, to any teacher for the following reasons:

 

(a)     Approved study

(b)     Approved travel

(c)     Teaching abroad

(d)     Health

(e)     Service in the Peace Corps

(f)      Maternity/paternity (As set forth in Section 7 herein)

(g)     Child rearing

(h)     Military service (As set forth in Section 8 herein)

(i)       Change of Career (As set forth in Section 13 herein) (Full leave only)

 

All benefits to which a teacher on leave of absence, for any of the above reasons, was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, will be restored to him/her upon his/her return; and he/she will be assigned to the same position that he/she held at the time said leave commenced, if available, or, if not, to the most substantially equivalent position then available. A teacher serving the District at least ninety-two (92) days of the school year in which his/her leave was in effect will be granted the normal salary increment. If, due to circumstances beyond the control of the teacher, school is not in session, the teacher will not be penalized when, under normal circumstances, the required ninety-two (92) days of service would have been attained.

 

Reasonable notice of intent by a teacher to request a leave of absence under this section shall be given the Committee in writing, as early as possible, but in no event later than April 1st, of the school year preceding the school year for which the leave of absence is to be effective. The written notice shall specify the purpose for which the leave is desired, the length of the leave, and, if for study or teaching abroad, the areas of training and anticipated teaching assignment.

 

Section 7:

 

Upon receipt of at least two (2) weeks' written notice of a teacher's anticipated date of departure and intention to return, the superintendent shall grant a leave of absence without pay for maternity/paternity for up to twelve (12) weeks in accordance with the provisions of Massachusetts General Laws, Chapter 149, Section 105D. The first two weeks of said leave will be with pay without drawing on the teacher’s sick time or personal time.

 

A teacher must request, and shall be granted, child-rearing leave of up to three (3) years after the birth or adoption of a child. The teacher must notify the superintendent's office no later than eleven (11) months following the commencement of the initial leave if he/she intends to continue the leave for one (1) or two (2) years. Such notice must specify if the request is for one (1) or two (2) additional years.

 

If, in the judgment of the superintendent, there is concern for the health and welfare of the teacher in view of her teaching assignment in either of the above cases, such teacher may be requested to provide a certificate from her physician stating the physician's opinion concerning her desire to continue employment until the effective date of the leave of absence. Without her physician's approval, the superintendent may request a "hold harmless" statement from the employee.

 

A teacher on child rearing leave shall return at the beginning of any evaluation period in which a grade is given or at another time that is mutually agreed upon by the teacher and the principal. Teachers on child rearing leave who intend to return during or at the beginning of the academic year shall inform the superintendent by April 1st of the preceding school year or forty-five (45) days following termination of pregnancy, whichever is the later date. The superintendent may request a report from the teacher's physician certifying her to be capable of performing the duties of the position to which she is to be reinstated.

 

A teacher serving the District not less than ninety-two (92) days of the school year in which the maternity/paternity leave was in effect will be credited with a full school year of employment.

 

Section 8:

 

Any employee who enlists or is drafted into the military or service of the United States, or into the auxiliary corps connected therewith, will be granted a leave of absence without pay.

 

In accordance with the General Laws of Massachusetts, Chapter 708 of the Acts of 1941, as most recently amended by Chapter 580 of the Acts of 1964, such leave extends either "two (2) years after date of discharge following four (4) years of service, or two (2) years after a discharge date following a period of additional involuntary military or service beyond the four(4) year period."

 

Upon written request to the superintendent within the two (2) years after the termination of such service, the teacher shall be reinstated or reemployed in the same or similar office or position held by him/her at the time of enlistment or conscription, provided that if so required by the superintendent he/she files the certificate of a registered physician stating that he/she is not disabled or incapacitated for performing the duties of the office or position.

 

Upon his/her immediate return, the salary of the teacher granted leave under this section shall be the same as he/she would have received had the period of his/her military service been spent in the Masconomet Regional School District.

 

Section 9:

 

Other leaves of absence without pay or increment or extension beyond stated sick leave may be granted in exceptional circumstances at the discretion of the superintendent and the Committee. The exercise of this discretion, or refusal to so exercise it, shall not become a grievance or be subject to the Grievance Procedure in this Agreement.

 

Section 10:

 

All requests for extensions or renewals of leaves will be filed with the superintendent (in writing) a reasonable time before the leave is scheduled to expire. The superintendent shall act within a reasonable time of receipt of the request and shall notify the teacher (in writing) of the decision, together with the reasons for such action.

 

Section 11:

 

The privilege of sabbatical leave may consist of one (1) year or one half (1/2) year and may be granted a member of the professional staff after seven (7) consecutive years of service in the Masconomet Regional School District. On recommendation by the superintendent, the Committee may permit members of the professional staff to take sabbatical leaves for the purpose of self-improvement and benefit to the school. The granting of sabbatical leave shall be discretionary with the Committee and shall not be subject to the Grievance Procedure as defined in Article V of this Agreement.

 

The purpose of the Committee's policy on sabbatical leave is three-fold:

 

(1)     Recognition of professional excellence.

(2)     Encouragement of professional growth for all members of the professional staff.

(3)     Improvement of the Masconomet Regional School District.

 

The granting of a sabbatical leave shall be predicated upon demonstrable professional growth and promise as evidenced by recommendations of superiors; award of scholarships, fellowships, or grants; or participation in a graduate program leading to a higher degree, certificate, or academic concentration.

 

In implementing sabbatical leave, the following guidelines will be observed:

 

(1)     Sabbatical leaves may be combined with programs of study, research, writing, or travel that are financed by outside non-commercial agencies such as universities or foundations.

 

(2)     A member of the professional staff who has been granted a sabbatical leave shall serve for an additional seven (7) years before being eligible for consideration for a second sabbatical leave.

 

(3)     Preliminary requests for sabbatical leave shall be made in writing to the superintendent before October 1st of the school year preceding the school year for which the leave is requested.

 

(4)     Final application for sabbatical leave shall be made on or before February 1st , or as agreed upon by the superintendent and the applicant. The applicant will provide with his/her application a detailed sabbatical leave plan, to include a complete statement of aims and objectives and the procedures whereby these aims and objectives are to be achieved.

 

(5)     Prior to the granting of such leave, the applicant shall enter into a written agreement with the Committee that following the expiration of the sabbatical leave period he/she will return to active service in the Masconomet Regional School District for a period equal to twice the length of such leave, and that, in default of completing such service, he/she will refund to the District an amount equal to such proportion of salary received by him/her while on leave as the amount of service not actually rendered as agreed upon bears to the whole amount of service agreed to be rendered.

 

(6)     Members of the professional staff on sabbatical leave shall retain those rights of salary, professional status, seniority, and all other rights that would otherwise be theirs if they were actively teaching in the system during the period of said leave.

 

(7)     The superintendent, in making recommendations to the Committee, and the Committee, in considering these recommendations for sabbatical leave, will take account the number of persons on the professional staff making application, the effect of the absence of these persons upon the school, and the relative benefits to the Masconomet Regional School District of the various plans for sabbatical leave that may be granted.

 

(8)     The Committee will pay a salary to the applicant during the period of such approved leave equal to 50% of his/her annual salary during the sabbatical year, including the teacher's merit status. In exceptional cases, the Committee may grant more than this amount.

 

(9)     Nothing in this section is to be interpreted as guaranteeing a sabbatical leave to any member, or group of members, of the professional staff. The Committee reserves the right to limit the number of such leaves to be granted in any given school year.

 

Section 12:

 

A leave of absence will be granted for teachers called to jury duty. A teacher granted leave under this section shall be paid his/her regular compensation for the period of such leave, less the compensation received by him/her for serving on the jury.

 

All requests for such leave must be made in writing to the superintendent as far in advance as possible so that appropriate steps can be taken to secure a substitute for such person while on such leave.

 

Section 13:

 

Longevity Leave: Longevity Leave is provided to permit eligible staff members to consider alternatives to employment at Masconomet. This leave may be granted for a period not to exceed two (2) years, and teachers may return to employment only at the beginning of a school year. Notice of intent to return must be given prior to April 1st of the school year preceding the school year in which the teacher intends to return.

 

Upon approval of a Longevity Leave, the District agrees to pay the teacher six thousand (6,000) dollars on his/her last working day, or by a method of payment mutually agreed upon by the teacher and the superintendent. If the teacher decides not to return to his/her position at Masconomet and notifies the District in writing of his/her decision to resign, the teacher will be paid an additional six thousand (6,000) dollars after acceptance of the resignation by the superintendent.

 

Longevity Leave will be available to all teachers who have completed eighteen (18) years of experience as defined in Article IX, Section 7, Subsection 3, at time of application. All applicants must also be under fifty-seven (57) years of age at the time of application.

 

No teacher may receive more than one Longevity Leave. A teacher receiving a Longevity Leave may receive an end-of-career leave only if he or she retires ten (10) or more years after returning from longevity leave, or five (5) or more years after returning for teachers who are sixty (60) years of age on the last day of employment.

 

Section 14:

 

In the event that new early retirement language is passed by the State Legislature, the Association and the Committee will agree to reopen negotiations on early retirement.

 

ARTICLE XVI

 

Severability Provision

Section 1:

 

If any Article or Section of this Agreement or any Rider thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if the compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Rider thereto, or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any article or section is held invalid, or enforcement of, or compliance with, which has been restrained, as set forth above, the parties affected thereby shall enter into immediate collective bargaining negotiations upon request of either party for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of invalidity or restraint.

 

Section 2:

 

The parties agree to carry out the commitment contained herein and to give them full force and effect consistent with law. The parties also agree and hereby affirm that the Committee can in no way avoid the future implementation or effectuation into policy of mandatory directives passed by the Legislature or issued by said superior governmental authority and therefore recognize that such areas are not the proper subjects for either mandatory or permissive collective bargaining.

 

It is specifically understood by the Association that any policy of the Committee, written or unwritten, if not modified, abridged, or amended by this Agreement, remains and continues in full force and effect.

 

ARTICLE XVII

Duration of Agreement

 

This Agreement shall become effective September 1, 2010, and shall continue in full force and effect until August 31, 2013, and from year to year thereafter unless it is superseded by a subsequent Agreement. All changes in the Agreement that are desired by either party shall be submitted to the other party, in writing, stating specifically the intent and proposed wording of the desired change or changes on or before October 30th of the calendar year prior to the termination of this Agreement. Collective bargaining on such changes shall take place during that school year.

 

Executed in duplicate this twenty-seventh (27th) day of December 1967 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Education Sub-Committee, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

MASCONOMET REGIONAL DISTRICT                                                                                                     MASCONOMET TEACHERS' ASSOCIATION

SCHOOL COMMITTEE

 

By:         K. W. Castner, Jr. (signed)                                                                                                                  By:         Barbara S. Kimball (signed)

Chairman                                                                                                                                                              President

 

Robert E. Forney (signed)                                                                                                                                  Ralph V. LoPilato (signed)

Chairman of Education                                                                                                                                     Chairman of Professional

Sub-Committee                                                                                                                                                   Improvement Committee

 

 

Executed in duplicate this twelfth (12th) day of February 1969 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Education Sub-Committee, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

MASCONOMET REGIONAL DISTRICT                                                                                                     MASCONOMET TEACHERS' ASSOCIATION

SCHOOL COMMITTEE

 

By:         Robert E. Forney (signed)                                                                                                                  By:         Richard T. Green (signed)

Chairman                                                                                                                                                              President

 

K. W. Castner, Jr. (signed)                                                                                                                                  John P. Sangermano (signed)

Chairman of Policy Sub-Committee                                                                                                               Chairman of Professional

Improvement Committee

 

 

Executed in duplicate this eighteenth (18th) day of March 1970 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Education Sub-Committee, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

MASCONOMET REGIONAL DISTRICT                                                                                                     MASCONOMET TEACHERS' ASSOCIATION

SCHOOL COMMITTEE

 

By:         Lewis W. Doggett (signed)                                                                                                                  By:         John P. Sangermano (signed)

Chairman                                                                                                                                                              President

 

Philip D. Bogdonoff (signed)                                                                                                                             Donald VanPelt (signed)

Chairman of Policy Sub-Committee                                                                                                               Chairman of Professional Improvement Committee

 

 

Executed in duplicate this tenth (10th) day of March 1971 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Education Sub-Committee, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

MASCONOMET REGIONAL DISTRICT                                                                                                     MASCONOMET TEACHERS' ASSOCIATION

SCHOOL COMMITTEE

 

By:         Lewis W. Doggett (signed)                                                                                                                  By:         Paul J. Blackhall

Chairman                                                                                                                                                              President

 

Philip D. Bogdonoff (signed)                                                                                                                             Donald VanPelt

Chairman of Policy                                                                                                                                             Chairman of Professional

Sub-Committee                                                                                                                                                   Improvement Committee

 

 

Executed in duplicate this twentieth (20th) day of September 1972 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

MASCONOMET REGIONAL DISTRICT                                                                                                     MASCONOMET TEACHERS' ASSOCIATION

SCHOOL COMMITTEE

 

By:         Paul E. Johnson (signed)                                                                                                                    By:         Teunis J. Paarlberg (signed)

Chairman                                                                                                                                                              President

 

Peter K. Race (signed)                                                                                                                                        David L. Jervah (signed)

Chairman of                                                                                                                                                         Chairman of Professional

Bargaining Team                                                                                                                                                 Improvement Committee

 

 

Executed in duplicate this thirteenth (13th) day of June 1973 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1973, and will expire on August 31st , 1975.

 

MASCONOMET REGIONAL DISTRICT                                                                                                     MASCONOMET TEACHERS' ASSOCIATION

SCHOOL COMMITTEE

By:         Peter K. Race (signed)                                                                                                                        By:         Teunis J. Paarlberg (signed)

                Chairman                                                                                                                                                              President

 

Philip D. Bogdonoff (signed)                                                                                                                             David L. Jervah (signed)

Chairman of                                                                                                                                                         Chairman of Professional

Bargaining Team                                                                                                                                                 Improvement Committee

 

Executed in duplicate this first (1ST) day of October 1975 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1975, and will expire on August 31st , 1977.

 

MASCONOMET REGIONAL DISTRICT                                                                                                     MASCONOMET TEACHERS' ASSOCIATION

SCHOOL COMMITTEE

 

By:         W. D. Johnson (signed)                                                                                                                       By:         Richard L. Sauchuk (signed)

Chairman                                                                                                                                                              President

 

Kenneth E. Littlefield (signed)                                                                                                                          Douglas A. Peck (signed)

Chairman of Personnel                                                                                                                                      Chairman of Professional

Sub-Committee                                                                                                                                                   Improvement Committee

 

 

Executed in duplicate this twenty-second (22nd) day of August 1977 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1977, and will expire on August 31st, 1978.

 

MASCONOMET REGIONAL DISTRICT                                                                                                     MASCONOMET TEACHERS' ASSOCIATION

SCHOOL COMMITTEE

 

By:         Lawrence M. Gibbs (signed)                                                                                                              By:         Sidney S. Berlin (signed)

Chairman                                                                                                                                                              President

 

George A. Demeritt (signed)                                                                                                                               Alvin Brown (signed)

Chairman of Personnel                                                                                                                                      Chairman of Professional

Sub-Committee                                                                                                                                                   Improvement Committee

 

 

Executed in duplicate this twenty-first (21st) day of November 1978 by the Masconomet Regional District School Committee for its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1978, and will expire on August 31st, 1981.

 

MASCONOMET REGIONAL DISTRICT                                                                                                     MASCONOMET TEACHERS' ASSOCIATION

SCHOOL COMMITTEE

 

By:         Susanne M. Kimball (signed)                                                                                                            By:         Douglas G. Peck (signed)

Chairman                                                                                                                                                              President

 

K. E. Littlefield (signed)                                                                                                                                      Sally R. Kaizer (signed)

Chairman of Personnel                                                                                                                                      Chairman of Professional

Sub-Committee                                                                                                                                                   Improvement Committee

 

 

Executed in duplicate this third (3rd) day of February 1982 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1981, and will expire on August 31st , 1983.

 

MASCONOMET REGIONAL DISTRICT                                                                                                     MASCONOMET TEACHERS' ASSOCIATION

SCHOOL COMMITTEE

 

By:         Lynn V. Stevens (signed)                                                                                                                   By:         Stuart Deane (signed)

Chairman                                                                                                                                                              President

 

Robert Smales (signed)                                                                                                                                       Donald Van Pelt (signed)

Chairman of Personnel Sub-Committee                                                                                                         Chairman of Professional Improvement

for MTA Negotiations                                                                                                                                        Committee

 

 

The School Committee reserves the right to reopen negotiations for the school year 1984-85 if the total state funding for FY84 or FY85 for the combined Chapter 70 and Chapter 71, or any other new general funds, as shown on the "cherry" sheet, falls below the FY83 level of $1,284,281. In the event negotiations are reopened, the entire contract, including compensation, will be available for negotiation.

 

The Association reserves the right to reopen negotiations for the school year 1984-85 if the nation's cost of living in 1983, as measured by the Bureau of Labor Statistics' cost-of-living index, exceeds 9.0%. In the event negotiations are reopened, the entire contract, including compensation, will be available for negotiations.

 

Executed in duplicate this ninth (9th) day of March 1983 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1983, and will expire on August 31st , 1985.

 

MASCONOMET REGIONAL DISTRICT                                                                                                     MASCONOMET TEACHERS ASSOCIATION

SCHOOL COMMITTEE

 

By:         Linda Wilcox (signed)                                                                                                                         By:         Stuart Deane (signed)

Chairman                                                                                                                                                              President

 

Ruth Faulkner (signed)                                                                                                                                       Thomas Hussey (signed)

Chairman of Personnel Sub-Committee                                                                                                         Chairman of Professional Improvement

for MTA Negotiations                                                                                                                                        Committee

 

 

Executed in duplicate this nineteenth (19th) day of June 1985 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1985, and will expire on August 31st, 1988.

 

MASCONOMET REGIONAL DISTRICT SCHOOL                                                                                   MASCONOMET TEACHERS

COMMITTEE                                                                                                                                                      ASSOCIATION

 

By:         Ruth Faulkner (signed)                                                                                                                       By:         Robert Parker (signed)

Chairman                                                                                                                                                              President

Linda Wilcox (signed)                                                                                                                                         Donald Van Pelt (signed)

Member                                                                                                                                                                 Chairman

Negotiating Sub-Committee                                                                                                                              Professional Improvement Committee

 

Executed in duplicate this thirtieth (30th) day of March 1988 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1988, and will expire on August 31st, 1991.

 

MASCONOMET REGIONAL DISTRICT SCHOOL                                                                                   MASCONOMET TEACHERS

COMMITTEE                                                                                                                                                      ASSOCIATION

 

By:         Sibyl Hezlett (signed)                                                                                                                          By:         David F. Donavel (signed)

Chairman                                                                                                                                                              President

 

Paul Lindquist (signed)                                                                                                                                       Douglas G. Peck (signed)

Member                                                                                                                                                                 Chairman

Negotiating Sub-Committee                                                                                                                              Professional Improvement Committee

 

 

Executed in duplicate this fourth (4th) day of September 1991 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1991, and will expire on August 31st, 1992.

 

MASCONOMET REGIONAL DISTRICT SCHOOL                                                                                   MASCONOMET TEACHERS

COMMITTEE                                                                                                                                                      ASSOCIATION

 

By:         David Forman (signed)                                                                                                                       By:         Donald Van Pelt, (signed)

Chairman                                                                                                                                                              President

 

Robert Holloway (signed)                                                                                                                                  Donna O'Neill (signed)

Member                                                                                                                                                                 Chairman

Negotiating Sub-Committee                                                                                                                              Professional Improvement Committee

 

 

Executed in duplicate this ninth (9th) day of September 1992 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1992, and will expire on August 31st, 1993.

 

MASCONOMET REGIONAL DISTRICT SCHOOL                                                                                   MASCONOMET TEACHERS'

COMMITTEE                                                                                                                                                      ASSOCIATION

 

By:         Barbara Was (signed)                                                                                                                         By:         Donald VanPelt (signed)

Chairman                                                                                                                                                              President

 

Robert Holloway (signed)                                                                                                                                  Alvin S. Brown (signed)

Chair                                                                                                                                                                      Chair

Negotiating Sub-Committee                                                                                                                              Professional Improvement Committee

 

 

EDUCATION REFORM ACT

 

The Association and Committee agree to reopen this Contract in order to implement the required changes as a result of the 1993 Educational Reform Act.

 

Executed in duplicate this twenty-third (23rd) day of June 1993 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and the Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1993, and will expire on August 31st, 1996.

 

MASCONOMET REGIONAL DISTRICT SCHOOL                                                                                   MASCONOMET TEACHERS'

COMMITTEE                                                                                                                                                      ASSOCIATION

 

By:         Diane McGowan (signed)                                                                                                                  By:         Donald VanPelt (signed)

Chairman                                                                                                                                                              President

Robert Holloway (signed)                                                                                                                                  Alvin Brown (signed)

Chairman                                                                                                                                                              Chairman

Negotiating Sub-Committee                                                                                                                              Professional Improvement Committee

 

Executed in duplicate this fourth (4th) day of September 1996 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1996, and will expire on August 31st, 1999.

 

MASCONOMET REGIONAL DISTRICT SCHOOL                                                                                   MASCONOMET TEACHERS'

COMMITTEE                                                                                                                                                      ASSOCIATION

 

By:         Judy Gallerie (signed)                                                                                                                          By:         Donald VanPelt (signed)

Chairman                                                                                                                                                              President

 

                Robert Holloway (signed)                                                                                                                                  David M. Jervah (signed)

Chair                                                                                                                                                                      Chair

Personnel Sub-Committee                                                                                                                                 Professional Improvement Committee

 

Executed in duplicate this eighth (8th) day of September, 1999 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 1999, and will expire on August 31st, 2002.

 

MASCONOMET REGIONAL DISTRICT SCHOOL                                                                                   MASCONOMET TEACHERS'

COMMITTEE                                                                                                                                                      ASSOCIATION

 

By:         Susan Richardson (signed)                                                                                                                By:         Donna-Marie Ryan (signed)

Chairman                                                                                                                                                              President

 

David Bassett (signed)                                                                                                                                        David M. Jervah (signed)

Chair                                                                                                                                                                      Chair

Personnel Sub-Committee                                                                                                                                 Professional Improvement Committee

 

 

Executed in duplicate this nineteenth (19th) day of November 2002 for the Masconomet Regional District School Committee by its Chairman and the Chairman of its Bargaining Team, and for the Masconomet Teachers' Association by its President and Chairman of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 2002, and will expire on August 31st, 2005.

 

MASCONOMET REGIONAL DISTRICT SCHOOL                                                                                   MASCONOMET TEACHERS'

COMMITTEE                                                                                                                                                      ASSOCIATION

 

By:         Diane Haas (signed)                                                                                                                            By:         Sandra Dearborn (signed)

Chairman                                                                                                                                                              President

 

David Bassett (signed)                                                                                                                                        Donald A. Pierce (signed)

Chair                                                                                                                                                                      Chair

Personnel Sub-Committee                                                                                                                                 Professional Improvement Committee

 

 

Executed in duplicate this fifteenth (15th) day of March 2006 for the Masconomet Regional District School Committee by its Chair and the Chair of its Personnel Subcommittee, and for the Masconomet Teachers' Association by its President and Chair of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 2005, and will expire on August 31st, 2008.

 

MASCONOMET REGIONAL DISTRICT SCHOOL                                                                                   MASCONOMET TEACHERS'

COMMITTEE                                                                                                                                                      ASSOCIATION

 

By:         Betsy McGinnity (signed)                                                                                                                  By:)        Sandra Dearborn (signed)

Betsy McGinnity                                                                                                                                                 Sandra Dearborn, President

Chairman

Daniel Volchok (signed)                                                                                                                                     Donald A. Pierce (signed)

Daniel Volchok                                                                                                                                                    Donald A. Pierce

Chair                                                                                                                                                                      Chair, Professional

Personnel Sub-Committee                                                                                                                                 Improvement Committee

 

 

Executed in duplicate this 8th day of June 2009 for the Masconomet Regional District School Committee by its Chair and the Chair of its Personnel Subcommittee, and for the Masconomet Teachers' Association by its President and Chair of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 2008, and will expire on August 31st, 2010.

 

MASCONOMET REGIONAL DISTRICT SCHOOL                                                                                   MASCONOMET TEACHERS'

COMMITTEE                                                                                                                                                      ASSOCIATION

 

By:         Betsy McGinnity (signed)                                                                                                                  By:)        Sandra Dearborn (signed)

Betsy McGinnity                                                                                                                                                 Sandra Dearborn, President

Chairman

 

Daniel Volchok (signed)                                                                                                                                     Tammy Due (signed)

Daniel Volchok                                                                                                                                                    Tammy Due

Chair                                                                                                                                                                      Chair, Professional

Personnel Sub-Committee                                                                                                                                 Improvement Committee

 

 

Executed in duplicate this 8th day of June 2010, for the Masconomet Regional District School Committee by its Chair and the Chair of its Personnel Subcommittee, and for the Masconomet Teachers Association by its President and Chair of its Professional Improvement Committee.

 

This Agreement is to become effective on September 1st, 2010, and will expire on August 31st, 2013.

 

MASCONOMET REGIONAL DISTRICT SCHOOL MASCONOMET TEACHERS COMMITTEE ASSOCIATION

 

By:         Lawrence Lindquist (signed)                                                                                                             By:         Sandra Dearborn (signed)

Lawrence Lindquist                                                                                                                                            Sandra Dearborn, President

Chairman

 

Daniel Volchok (signed)                                                                                                                                     Jeanne O’Hearn (signed)

Daniel Volchok                                                                                                                                                    Jeanne O’Hearn

Chair                                                                                                                                                                      Chair, Professional

Personnel Sub-Committee                                                                                                                                 Improvement Committee

 

 

APPENDICES

A.            (1) Teacher Salary Schedule

(2) Longevity, Base

B.            (1) Coaching Stipend Schedule

(2) Advisor Stipend Schedule

C.            Teacher Layoff Letter

D.            Evaluation Process

E.            (1) Criteria for Evaluation (Principles of Effective Teaching)

(2) Classroom Visitation Form

(3) Summative Evaluation of Teacher Effectiveness

(4) Goal Format

(5) Evaluation Criteria for Assoc. Master and Master Teacher Candidates

(6) Coaching Evaluation Process

(7) Advisor Evaluation Process

F.             Procedure for Making Application for Classification as Associate Master Teacher and Master Teacher, including Copy of Application Form.

G.            Sample Contract a) Teacher without Professional Status b) Teacher with Professional Status c) Extra Duty Contract d) Special Position

H.            End of Career Policy Benefits Designation of Beneficiary

 

 

APPENDIX A (1)

MASCONOMET REGIONAL SCHOOL DISTRICT – 2010-2013 SALARY SCHEDULES

 

FY 2010-11*

Step

B

B+15

B+30

M

M+15

M+30

M+45/MM**

M+60

M+75

CAGs/MM**

Doct.

1

38,158

38,373

38,582

39,191

40,124

40,492

41,442

42,344

43,248

45,054

45,957

2

40,491

40,777

41,258

42,206

43,225

43,641

44,726

45,749

46,774

48,827

49,855

3

42,825

43,181

43,938

45,217

46,326

46,787

48,007

49,156

50,319

52,643

53,805

4

45,157

45,584

46,615

48,231

49,426

49,934

51,290

52,561

53,831

56,371

57,642

5

47,492

47,986

49,294

51,243

52,530

53,082

54,572

55,966

57,291

59,944

61,270

6

49,826

50,393

51,971

54,256

55,630

56,231

57,856

59,371

60,887

63,915

65,431

7

52,160

52,797

54,649

57,266

58,731

59,377

61,139

62,776

64,430

68,150

69,383

8

54,495

55,200

57,325

60,280

61,833

62,524

64,419

66,182

67,942

71,464

73,225

9

56,828

57,605

60,006

63,291

64,934

65,673

67,703

69,586

71,471

75,237

77,121

10

59,161

60,009

62,683

66,305

68,037

68,821

70,986

72,991

74,998

79,007

81,002

11

60,232

63,413

65,360

69,317

71,140

71,967

74,269

76,398

78,526

82,785

84,913

12

 

63,484

66,431

70,388

72,211

75,115

77,553

79,803

82,053

86,555

88,805

13

 

 

 

 

 

76,186

78,624

80,874

83,124

87,626

89,876

 

*2%

 

FY 2011-12*

Step

B

B+15

B+30

M

M+15

M+30

M+45/MM**

M+60

M+75

CAGs/MM**

Doct.

1

38,921

39,140

39,354

39,975

40,926

41,302

42,271

43,191

44,113

45,955

46,876

2

41,301

41,593

42,083

43,050

44,090

44,514

45,621

46,664

47,709

49,804

50,852

3

43,682

44,045

44,817

46,121

47,253

47,723

48,967

50,139

51,325

53,696

54,881

4

46,060

46,496

47,547

49,196

50,415

50,933

52,316

53,612

54,908

57,498

58,795

5

48,442

48,946

50,280

52,268

53,581

54,144

55,663

57,085

58,437

61,143

62,495

6

50,823

51,401

53,010

55,341

56,743

57,356

59,013

60,558

62,105

65,193

66,740

7

53,203

53,853

55,742

58,411

59,906

60,565

62,362

64,032

65,719

69,513

70,771

8

55,585

56,304

58,472

61,486

63,070

63,774

65,707

67,506

69,301

72,893

74,690

9

57,965

58,757

61,206

64,557

66,233

66,986

69,057

70,978

72,900

76,742

78,663

10

60,344

61,209

63,937

67,631

69,398

70,197

72,406

74,451

76,498

80,587

82,622

11

61,437

63,661

66,667

70,703

72,563

73,406

75,754

77,926

80,097

84,441

86,611

12

 

64,754

67,760

71,796

73,655

76,617

79,104

81,399

76,498

88,286

90,581

13

 

 

 

 

 

77,710

80,196

82,491

84,786

89,379

91,674

 

*2% raise

**The CAGs/MM column applies to members who, on or before September 1, 2005, were placed on this column, and/or any member who is enrolled or accepted in a second Master’s program on or before April, 2006.  An individual who is not eligible for placement on the Cags/MM column, according to the prior criteria, and who has acquired a second Masters degree, will be place on the M+45/MM column.

 

A bargaining unit member may move a maximum of two (2) columns within the same school year.  An exception applies to a grandfathered employee (see note above**) who achieves a second Master’s by August 31, 2008.  He/she will be able to progress to the CAGS/MM column.

 

An employee who is place on the M+45/MM column, and who achieves 15 additional credits, will be eligible to be placed on the M+60 column.

 

 

APPENDIX “A” (Continued)

 

FY 2012-13*

Step

B

B+15

B+30

M

M+15

M+30

M+45/MM**

M+60

M+75

CAGs/MM**

Doct.

1

40,089

40,314

40,535

41,174

42,154

42,541

43,539

44,487

45,436

47,334

48,282

2

42,540

42,841

43,345

44,342

45,413

45,849

46,990

48,064

49,140

51,298

52,378

3

44,992

45,366

46,162

47,505

48,671

49,155

50,436

51,643

52,865

55,307

56,527

4

47,442

47,891

48,973

50,672

51,927

52,461

53,885

55,220

56,555

59,223

60,559

5

49,895

50,414

51,788

53,836

55,188

55,768

57,333

58,798

60,190

62,977

64,370

6

52,348

52,943

54,600

57,001

58,445

59,077

60,783

62,375

63,968

67,149

68,742

7

54,799

55,469

57,414

60,163

61,703

62,382

64,233

65,953

67,691

71,598

72,894

8

57,253

57,993

60,226

63,331

64,962

65,687

67,678

69,531

71,380

75,080

76,931

9

59,704

60,520

63,042

66,494

68,220

68,996

71,129

73,107

75,087

79,044

81,023

10

62,154

63,045

65,855

69,660

71,480

72,303

74,578

76,685

78,793

83,005

85,101

11

63,280

65,571

68,667

72,824

74,740

75,608

78,027

80,264

82,500

86,974

89,209

12

 

66,697

69,793

73,950

75,865

78,916

81,477

83,841

86,205

90,935

93,298

13

 

 

 

 

 

80,041

82,602

84,966

87,330

92,060

94,424

 

*3.0% raise

**TheCAGs/MM column applies to members who, on or before September 1, 2005, were placed on this column, and/or any member who is enrolled or accepted in a second Master’s program on or before April 1, 2006.  An individual who is not eligible for placement on the Cags/MM column, according to the prior criteria, and who has acquired a second Masters degree, will be placed on the M+45/MM column.

 

A bargaining unit member may move a maximum of two (2) columns within the same school year.  An exception applies to a grandfathered employee (see note above**) who achieves a second Master’s by August 31, 2008.  He/she will be able to progress to the CAGs/MM column.

 

An employee who is place on the M+45/MM column, and who achieves 15 additional credits, will be eligible to be placed on the M+60 column.

 

 

APPENDIX A (2)

EXTENDED SALARY SCHEDULE FOR LONGEVITY

 

Teachers with extended service at Masconomet will receive a sum of money, stipulated below, which will be added to their yearly salary. For purposes of this extended salary schedule, "years of experience" will mean years of continuous teaching at Masconomet. Unpaid leaves of absence or lay-offs during the recall period will not interrupt "continuous service." All paid leaves and military leaves will count toward years of experience. A teacher teaching at least 92 days of an academic year will be given credit for a full year of experience. Teachers will have completed a year of experience as of the end of the last working day in June. The categories listed are inclusive. In the first and second categories, the time described is from the first day of the first year listed to the last day of the second year listed. In the third category, the time described begins on the first day of the 26th year.

YEAR                                    FY 2011                                                FY 2012                                                FY 2013

13 -19                                    $2,268                                                   $2,268                                                   $2,268

20 -25                                    $2,647                                                   $2,647                                                   $2,647

26+                                         $3,025                                                   $3,025                                                   $3,025

 

 

 

APPENDIX B (1)

MASCONOMET REGIONAL SCHOOL DISTRICT – 2010-2013 Coaching Stipends

 

Varsity Position

FY 11

FY 12

FY 13

Football

8,318

8,318,

8,568

Faculty Manager

8,318,

8,318,

8,568

 

 

 

 

Basketball (B)

6,805

6,805

7,009

Basketball (G)

6,805

6,805

7,009

Wrestling

6,805

6,805

7,009

 

 

 

 

Baseball

6,049

6,049

6,230

Soccer (B)

6,049

6,049

6,230

Soccer (G)

6,049

6,049

6,230

Excels Director

6,049

6,049

6,230

Field Hockey

6,049

6,049

6,230

Track (B)

6,049

6,049

6,230

Track (G)

6,049

6,049

6,230

Softball

6,049

6,049

6,230

Ice Hockey (B)

6,049

6,049

6,230

Ice Hockey (G)

6,049

6,049

6,230

 

 

 

 

X-Country (B)

5,294

5,294

5,453

X-Country (G)

5,294

5,294

5,453

Tennis (B)

5,294

5,294

5,453

Tennis (G)

5,294

5,294

5,453

Volleyball

5,294

5,294

5,453

Lacrosse (B)

5,294

5,294

5,453

Lacrosse (G)

5,294

5,294

5,453

Indoor Track (B)

5,294

5,294

5,453

Indoor Track (G)

5,294

5,294

5,453

 

 

 

 

Swimming

4,537

4,537

4,673

Gymnastics

4,537

4,537

4,673

Golf

4,537

4,537

4,673

Skiing

4,537

4,537

4,673

 

 

Junior Varsity/Assistants

FY 11

FY 12

FY 13

Football

4,915

4,915

5,062

 

 

 

 

Basketball (B)

4,159

4,159

4,284

Basketball (G)

4,159

4,159

4,284

Wrestling

4,159

4,159

4,284

Baseball

4,159

4,159

4,284

 

 

 

 

Track (B)

4,159

4,159

4,284

Track (G)

4,159

4,159

4,284

Field Hockey

4,159

4,159

4,284

Ice Hockey (B)

4,159

4,159

4,284

Ice Hockey (G)

4,159

4,159

4,284

Lacrosse (B)

4,159

4,159

4,284

Lacrosse (G)

4,159

4,159

4,284

Softball

4,159

4,159

4,284

Soccer (B)

4,159

4,159

4,284

Soccer (G)

4,159

4,159

4,284

Volleyball

4,159

4,159

4,284

 

 

Freshman Sports/Assistants

FY 11

FY 12

FY 13

Football

4,537

4,537

4,673

Basketball (B)

4,159

4,159

4,284

Basketball (G)

4,159

4,159

4,284

Baseball

3,403

3,403

3,505

Cross Country (B)

3,403

3,403

3,505

Cross Country (G)

3,403

3,403

3,505

Diving

1,702

1,702

3,505

Faculty Manager

3,403

3,403

3,505

Field Hockey

3,403

3,403

3,505

Indoor Track (B)

3,403

3,403

3,505

Indoor Track (G)

3,403

3,403

3,505

Ski Team

3,403

3,403

3,505

Soccer (B)

3,403

3,403

3,505

Soccer (G)

3,403

3,403

3,505

Swimming

3,403

3,403

3,505

Softball

3,403

3,403

3,505

 

 

Middle School Intramurals

FY 11

FY 12

FY 13

Football

2,268

2,268

2,336

 

 

 

 

Field Hockey

1,890

1,890,

1,947

 

 

 

 

Basketball (B)

1,512

1,512

1,557

Basketball (G)

1,512

1,512

1,557

 

 

 

 

Other Intramurals (Per Session)

28.35

28.35

29.20

 

COACHES WILL RECEIVE AN ADDITIONAL $100 PER WEEK TO A MAXIMUM OF $200 FOR PARTICIPATION IN MIAA POST-SEASON TOURNAMENT PLAY.

 

 

APPENDIX B (2)

MASCONOMET REGIONAL SCHOOL DISTRICT – 2010-2013 Advisor Stipends

 

Advisor Stipends

FY 11

FY 12

FY 13

WBMT (12 Month)

10,220

10,220

10,527

WBMT (10 Month)

8,517

8,517

8,773

 

 

 

 

Senior Class Advisor

6,805

6,805

7,009

 

 

 

 

Junior Class Advisor

5,671

5,671

5,841

 

 

 

 

Sophomore Class Advisor

4,537

4,537

4,673

HS Yearbook

4,537

4,537

4,673

HS Student Council

4,537

4,537

4,673

 

 

 

 

Stage Crew

4,159

4,159

4,284

HS Science Fair

4,159

4,159

4,284

MS Science Fair

4,159

4,159

4,284

Model United Nations

4,159

4,159

4,284

Habitat for Humanity

4,159

4,159

4,284

Ultimate Frisbee

4,159

4,159

4,284

 

 

 

 

MS Student Council

3,403

3,403

3,505

HS Science Team

3,403

3,403

3,505

HS Problem Solvers

3,403

3,403

3,505

HS Math Team Advisor

3,403

3,403

3,505

Drama, Spring

3,403

3,403

3,505

Exit 51

3,403

3,403

3,505

Gay Straight Alliance

3,403

3,403

3,505

HS Announcer Advisor

3,403

3,403

3,505

MS Announcer Advisor

3,403

3,403

3,505

MS Future Problem Solvers

3,403

3,403

3,505

S.A.D.D. Advisor

3,403

3,403

3,505

Best Buddies

3,403

3,403

3,505

Peer Leader/ Advisor

3,403

3,403

3,505

 

 

 

 

Drama, Middle School

3,025

3,025

3,116

Pep Brand

3,025

3,025

3,116

MS Math Team

3,025

3,025

3,116

MS Yearbook

3,025

3,025

3,116

 

 

 

 

Costume Advisor

2,647

2,647

2,726

Jefferson Forum

2,647

2,647

2,726

 

 

 

 

Financial Advisor/SR Class

2,268

2,268

2,336

Drill Instructor

2,268

2,268

2,336

National Honor Society

2,268

2,268

2,336

Freshman Class Advisor

2,268

2,268

2,336

Art Advisor/Stage

2,268

2,268

2,336

Internship Coordinator (One Position)

2,268

2,268

2,336

 

 

APPENDIX B (2) (Continued)

MASCONOMET REGIONAL SCHOOL DISTRICT – 2010-2013 Advisor

 

Advisors Stipends - continued

FY 11

FY 12

FY 13

Photography Club Advisor

1,890

1,890

1,947

Business Advisor/ Stage

1,890

1,890

1,947

Chess Team Advisor

1,890

1,890

1,947

Speech Team Advisor

1,890

1,890

1,947

MS Newspaper Advisor

1,890

1,890

1,947

MA OCC ED Advisor

1,890

1,890

1,947

Asst. Model UN Advisor

1,890

1,890

1,947

 

 

 

 

Odyssey of the Mind Advisor

1,512

1,512

1,557

Pit Orchestra

1,512

1,512

1,557

Cheerleading (Football)

1,512

1,512

1,557

Cheerleading (Basketball)

1,512

1,512

1,557

Cheerleading (Hockey)

1,512

1,512

1,557

 

 

 

 

French Club Advisor

1,134

1,134

1,168

German Club Advisor

1,134

1,134

1,168

Spanish Club Advisor

1,134

1,134

1,168

Russian Club Advisor

1,134

1,134

1,168

Chieftain Trophy Advisor

1,134

1,134

1,168

Environmental Club Advisor

1,134

1,134

1,168

Equestrian Advisor

1,134

1,134

1,168

Snowboarding Advisor

1,134

1,134

1,168

 

 

 

 

MS National Honor Society

756

756

779

MS Pit Orchestra

756

756

779

 

 

 

 

Driver Ed (Hourly Rate)

28.35

28.35

29.20<