Maynard

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DistrictMaynard
Shared Contract District
Org Code1740000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2014
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersAssabet Valley RVTSD
CountyMiddlesex
ESE RegionGreater Boston
Urban
Kind of Communityurbanized centers
Number of Schools3
Enrollment1328
Percent Low Income Students14
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Maynard

AGREEMENT BETWEEN

THE MAYNARD SCHOOL COMMITTEE

AND

THE MAYNARD EDUCATION ASSOCIATION

SEPTEMBER 1, 2011 - AUGUST 31, 2014

TABLE OF CONTENTS

ARTICLE I:     AGREEMENT

This Agreement is made and entered into effective September 1, 2010 through August 31, 2013 by and between the School Committee of the Town of Maynard, Massachusetts, (thereinafter referred to as the "Committee") and the Maynard Education Association (hereinafter referred to as the "Association"), pursuant and subject to the provisions of the General Laws of the Commonwealth of Massachusetts.

ARTICLE II:     RECOGNITION

Section 1.

The Committee recognizes the Association as the exclusive collective bargaining representative and agent for a unit of all full time teachers, part-time teachers, librarians, guidance counselors, coordinators, and coaches in the elementary, middle and high schools in Maynard, but excluding the Superintendent of Schools, Assistant Superintendent, Business Manager, Director of Curriculum, Para-Professional Employees, Principals, Assistant Principals, Directors, Community Education Director, Community Education Employees, School Age Child Care Employees, Fowler After School Club Employees, Adult Learning Center Employees, per diem substitute teachers and all other Employees of the Committee.

Section 2.

This Agreement applies only to the Unit described above and, unless otherwise indicated, the Employees in this Unit will be hereinafter referred to as the "teachers", and references to male teachers will include female teachers.

ARTICLE III:     SCHOOL COMMITTEE RIGHTS Section 1.

Under the Laws of Massachusetts, the Committee is a public body elected by the Citizens of Maynard and has final responsibility for establishing the educational policies of the public schools of Maynard and is charged with the responsibility for the quality of education in and the efficient and economical operation of the Maynard Public Schools.

Section 2.

Nothing in this Agreement shall be deemed to derogate or impair the powers and the responsibilities of the Committee under the Statutes of the Commonwealth or the rules and regulations of any agencies of the Commonwealth. Except as abridged, granted, delegated, or modified by a specific provision of this Agreement or any supplement thereto or as mandated by M.G.L. 150E, the Committee retains exclusively to itself all the rights, powers, and responsibilities that it has or any hereafter granted by law, and the exercise of such rights at its discretion shall be final and binding and not subject to the arbitration provisions of this Agreement.

ARTICLE IV:     GRIEVANCE PROCEDURE

Section 1.

A grievance shall be defined as an alleged violation of the specific terms and/or provisions of this Agreement, or any dispute over the interpretation, meaning or application of the specific terms and/or provisions of this Agreement.

Section 2.

The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to those grievances of the Employees covered by this Agreement. The Committee and the Association desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance involved and at the procedure level involved. Nothing herein contained will be construed as limiting the right of any teacher or group of teachers having a grievance to discuss the matter informally with an appropriate member of the administration without representation by the Association. In the event the grievance is resolved, the disposition will be consistent with the provisions of the Agreement, and the Association shall be notified of said disposition by the grievant(s) in writing.

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

Section 3.

1. Level One: The grievance shall be presented in writing and discussed by the aggrieved Employee and, at the Employee's request, the President of the Association or his/her designee, and the immediate supervisor. The written submission shall be in accordance with the Grievance Form attached hereto as Appendix D. The immediate supervisor shall answer the grievance in writing within ten (10) days of receipt of the written grievance or the close of the Level One discussion, whichever is later.

2. Level Two:

Should the grievance remain unresolved, it shall at the grievant's option be referred to the Superintendent within ten (10) days of receipt of the Level One answer. The Superintendent shall hold a hearing with ten (10) days of receipt of the referral and shall answer the grievance in writing within ten (10) days of receipt of the referral or the close of the hearing, whichever is later. In order to facilitate communication, a list of officers and presidential designees will be provided to the Superintendent upon request. To help maintain open communication between the association and the administration, the results of the level 2 grievance shall be communicated, in writing, to the School Committee by the Superintendent and the Association President.

In the event of a proposed discharge, the next step to be followed is set forth in M.G.L.71:42, that is, if the Superintendent approves a discharge the next appeal step is arbitration.

3. Level Three:

Within ten (10) days of its receipt of the answer of the Superintendant, and if the grievance involves the interpretation or application of any provision of the Agreement, the Association may present the grievance for arbitration by giving the Committee written notice of its intention to do so. At the expiration of a ten (10) day waiting period following such notification, the Association may within ten (10) days thereafter request arbitration pursuant to Article V below.

Section 4.

The Association, through its executive board, may initiate a group grievance on behalf of members of the unit with a common grievance.

Section 5.

The Committee agrees that it will not discriminate against any participants in the grievance procedure because of such participation.

Section 6.

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

Section 7.

If, at the end of ten (10) days next following either the occurrence of any grievance or the date when the grievant should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One if an individual grievance, or at Level Two if a group or class grievance, the grievance shall be deemed to have been waived and any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified therefore by said Section 3.

Section 8.

School days shall be the operative measure of time for the filing and processing of a grievance from the day school opens for teachers through June 14; on June 15 through to the day prior to the opening of school for teachers, the measure shall be calendar days. In the event the processing of a grievance extends into a period after the normal school year, all periods of time after the initial filing of the grievance can be waived in order to expedite completion of the processing of the grievance.

ARTICLE V;   ARBITRATION

Section 1.

In the event either party elects to submit a grievance to arbitration, the arbitrator shall be selected according to and shall be governed by the following procedure: The arbitrator is to be mutually selected by the Committee and the Association. If the Committee and the Association cannot agree within seven (7) days after written notice of intention to arbitrate has been received by either party, then the party demanding arbitration shall within five (5) days, thereafter, upon written notice to the other, request the American Arbitration Association to provide a panel of arbitrators, said arbitrators then to be selected under the provisions of the Voluntary Labor Arbitration Rules. The computation of time hereunder shall be the same as set forth in Article IV, Section 8.

Section 2.

Each party shall bear the expense of its representatives, participants, witnesses and for the preparation and representation of its own case. The fees and expenses (if any) of the arbitrator and the American Arbitration Association 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 obligation for any payment under any provision of this Agreement.

Section 3.

Notwithstanding any contrary provisions, no dispute or controversy shall be the subject for arbitration unless it involves the interpretation or application of a specific term or provision of this Agreement. The arbitrator will be without power or authority to alter, add to, detract from the provisions of this Agreement or to make a decision which:

a. is violative or inconsistent with any of the terms of this Agreement or applicable law;

b. exceeds his/her jurisdiction and authority under law and this Agreement;

c. involves any matter which by law or under the terms of this Agreement is within the exclusive authority of the Committee;

d. involves any matter wherein the Committee's decision if final and binding under the terms of this Agreement or by law;

e. involves matters which may be reviewed by the MTRS or any other matter involving the dismissal of a professional status teacher.

f. involves the failure or refusal by the Committee to renew the contract of or reappointment of a probationary non-professional status teacher;

g. involves dismissal of a probationary (non-professional status) employee.

h. is inconsistent with the statutory and decisional law of the Commonwealth of Massachusetts or of the United States.

Section 4.

Subject to the foregoing, the decision of the arbitrator shall be submitted to the Committee and Association and shall be final and binding upon the Committee, the Association and the Employee or Employees who initiated the grievance.

Section 5.

Any meeting with reference to the grievance-arbitration procedures shall be held at times mutually agreeable to all parties concerned.

Section 6.

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

ARTICLE VI:   RESOLUTION OF DIFFERENCES

Section 1.

The Association, the Committee and the Employees covered by this Agreement agree that during the term of this Agreement differences between the parties shall be settled by peaceful means as provided within this Agreement. The Association, in consideration of the value of this Agreement and its terms and conditions and the Legislation which engendered it and hereafter shall govern it, will not engage in, instigate or condone any strike, work stoppage or any concerted refusal to perform usual professional duties on the part of any Employee covered by this Agreement.

Section 2.

The Committee agrees that, during the term of this Agreement, it will not "lock out" any Employees covered by this Agreement, nor engage in any other interference with work.

ARTICLE VII:   CLASS SIZE

Section 1.

The Committee and the Association recognize that class size is an important factor in good education. The Committee will, whenever possible, subject to safety considerations, space availability, economic factors, and other educational considerations, insure the class size of the most effective nature for both teacher and pupil. It will be the responsibility and obligation of the Committee to make final decisions as to teacher-pupil ratios.

Section 2.

The Committee will, where possible and practicable, and where economic and educational considerations permit, attempt to maintain the existing teacher-pupil ratio. However, it will be the responsibility and obligation of the Committee to make final decisions as to teacher-pupil ratios.

Section 3.

The parties agree that the subject matter of class size and pupil teacher ratio, while not subject to arbitration under the provisions of this Agreement, shall be within the scope of professional consultations as set out in Article XVI hereafter.

ARTICLE VIII:   TEACHING HOURS AND TEACHING LOAD

Section 1.

Effective September 1, 2009, increase the length of the student day by adding five (5) minutes of instructional time to the student day, which shall result in teachers' workday being increased by five (5) minutes.

Section 2. Meetings

The Committee and the Association agree that the professional staff of the Maynard Public Schools shall devote the time necessary to assure quality education for their students. It is understood that meetings with individual parents and Special Education team meetings are an ongoing part of a staff member's professional responsibility. The Committee and the Association agree that the following are mandatory meetings for all staff:

a.      faculty meetings not to exceed one (1) per month for the school year. In planning faculty meetings, individual principals shall plan agendas with the objective of completing said meetings within ninety (90) minutes from the dismissal of the students.

b.     evening meetings not to exceed three (3) per year for the school year. Teachers shall be given at least thirty (30) days notice of evening meeting(s). Any change in the date for such evening meetings shall not be made without consultations with the affected faculty, except in the case of emergencies or other unavoidable circumstances.

c.     principal-initiated meetings up to three (3) for the school year. In planning principal-initiated meetings, said principals shall plan agendas with the objective of completing said meetings within ninety (90) minutes from the final dismissal time of the students.

d.     normally itinerant teachers shall not be required to attend meetings that would increase the number beyond those called for in paragraph 2a, b, c. The Superintendent will coordinate all meetings for itinerant teachers with the principal involved in order to comply with the meeting schedule. However, the parties agree that important issues may arise that could require itinerant teachers to attend two (2) meetings. All other committee activities are voluntary on the part of staff.

e.       Teachers shall be guaranteed a meaningful input, participation and contribution to all meetings which they are required to attend.

Section 3.

a.    The Association will be consulted regarding the impact of any changes in the school calendar once said calendar has been established. This shall not, in any way, modify the Committee's rights as identified in Article III of this Agreement.

b.  The work year of personnel covered by this Agreement (other than new personnel who may be required to attend additional orientation sessions) shall not exceed 183 days.

c.   Only teachers who will be actively involved in and concerned with the workshops will be required to attend.

d.  The Committee agrees that before scheduling a school year for teachers which would start prior to Labor Day, the Superintendent will consider staff preferences by soliciting their response to alternative schedule (s), one of which would include starting after Labor Day.

Section 5. Lunch

Teachers will have a duty-free lunch period of the same duration or longer than, one student lunch period.

All elementary teachers and specialists shall have a duty-free lunch period of forty-five (45) minutes per school day and their duties or school day shall not be increased because of this duty free lunch period.

Section 6. Prep

All classroom teachers will in addition to their lunch period, have the following preparation periods:

a. Middle School - five periods per week

b. High School - five periods per week

c. Specialist - five periods per week

The preparation period is a period equal in length to a teaching period during which the teacher is not assigned to an activity or duty. When ever possible and practicable, the preparation periods will occur daily. This period is intended to enable teachers to enhance the performance of their duties.

Section 7.

Classroom teachers in the elementary schools shall be free to use the time a special services teacher is in the classroom as a preparation period. The Administration will make every reasonable effort to provide substitute teachers when a specialist is absent. In the event no substitute is available, each teacher who loses a preparation period as a result shall be paid thirty-three ($33.00) dollars for the loss of such preparation time on a daily basis.

Section 8. Duty Free Recess

Classroom teachers at the Green Meadow Elementary School will in addition to their lunch periods, have 5 preparation periods per week on a non ER day week, and at least 4 preparation periods per week on an ER day week. Preparation periods will be at least 40 minutes in length, on ER days preparation periods will be equal to the length of the specialists' teaching period. Whenever possible and practical, the preparation periods will occur daily. The number of additional preparation periods for classroom teachers on an ER day will be determined by the number of preparation blocks available on an ER day after considering needed specialists' lunch and preparation time.

Classroom teachers at the Green Meadow School will be responsible for morning/afternoon recess coverage and arrival and dismissal duties as assigned by the Principal.

Section 9. AD Teaching Periods

Coordinators (including the Athletic Director) will not be assigned more than fifteen (15) teaching periods per week and will not be assigned homeroom or be assigned Study Hall responsibilities.

Section 10. Teaching: Subject/Preps

Except in unusual circumstances, Middle and High School teachers will not be required to teach more than two (2) subject areas nor more than a total of three (3) teaching preparations within said subject at any one time exclusive of advisor/advisee programs and activity periods.

Section 11. Itinerant Teachers

The Committee will insure that itinerant teachers will have sufficient time to travel between assignments in the various buildings. Employees who use their automobiles for authorized travel will be reimbursed in the same amount for such travel as Town of Maynard employees.

ARTICLE IX:   NON-TEACHING DUTIES

Section 1.

The Committee and the Association acknowledge that a teacher's primary responsibility is the total education of the children in their care and that the teacher's energies should, to the extent possible, be utilized to this end. Therefore, the parties agree that it will be the objective of the Committee to eliminate those duties which do not contribute to the overall education of the children.

Section 2.

The Committee and the Association agree that a teacher's primary responsibility is to the educational growth of Maynard's children. The Committee and the Association also recognize that teacher aides and part-time clerical Employees are useful in order to implement this principle. Where possible and practicable, non-teaching personnel shall be assigned to perform the following:

1. Administration of eye or ear examination and weighing and measuring pupils;

2. Keeping registers and other similar clerical functions;

3. Collecting money from students;

4. Supervision of lunchrooms;

5. Supervision of playgrounds;

6. Supervision of the loading and unloading of buses.

Section 3.

The subject matter of non-teaching duties shall not be subject to the arbitration provisions of this Agreement.

ARTICLE X:   INITIAL TEACHER EMPLOYMENT

Section 1.

Initial placement on the salary schedule, plus the applicable stipend for degree status shall be determined by the Superintendent.

Section 2.

Determination of whether such credit in each case will be given and the amount of such credit will be solely within the discretion of the Superintendent.

ARTICLE XI:   TEACHER ASSIGNMENT

Section 1.

The Committee will attempt to issue notice of tentative assignments to all teachers, other than newly appointed teachers, by May 15 and where practicable and where possible, such teachers will be notified in writing of their programs for the coming school year no later than July 1.

Section 2.

In order to ensure that students are taught by teachers working within their area of competence, teachers will not be assigned outside the scope of their teaching certificates and/or their major or minor fields of study, except as allowed by the Massachusetts Department of Education, or pursuant to a waiver from the Massachusetts Department of Education. Any such deviation shall be agreed to by the teacher in question and the Superintendent.

Section 3.

Teachers desiring to transfer from one school building to another, or desiring a change in grade assignment, shall file a written request for a transfer with the Superintendent by April 1, and the applicant shall meet with the Superintendent or designee regarding said request.

Section 4.

Subject to Section 3 of this Article, the Committee reserves the right to reassign or transfer a teacher, voluntarily or involuntarily, temporarily, or permanently, within one building or from one school building to another in the best interest of the school system as they may determine. When a reduction in the number of teachers in a school building is necessary, consideration shall be given to qualified volunteers before transfers are made. Except in situations of emergency, an involuntary reassignment or transfer shall be made only after a meeting between the teacher involved and the Superintendent. The Association will, at the teacher's request, send a representative with the teacher to meet with the Superintendent to discuss the reassignment or transfer.

ARTICLE XII:   VACANCIES AND PROMOTIONS

Section 1.

For the purpose of this Article, a postable position shall be defined as a full or part-time teaching position in the Maynard Public Schools, any administrative position, a paid annual extra-curricular, co-curricular or athletic position covered in this Agreement or Coordinators; or any other newly created staff positions as described in this section.

Section 2.

Whenever a vacancy in a postable position occurs during the school year (September to June), it will be publicized by the Superintendent by means of a notice posted in every school for a period of five (5) school days. During the summer months, vacancies will be posted on the District website and be sent via email. During the months of July and August, notices of any vacancies shall be sent to teachers who leave a self-addressed, stamped envelope with the Superintendent of Schools. After mailing, teachers will be given seven (7) business days to respond; any and all risks or lack of, or untimely notice connected with this undertaking shall remain solely that of the teachers concerned. The Committee agrees to post vacancies on a school phone line during the summer months. In both situations, the qualifications for the position, the duties and the rate of compensation shall be clearly set forth. The qualifications set forth for a particular position will not be changed unless the Association has been notified in advance.

Section 3.

Due weight will be given to the professional background and attainments of all applicants, length of service in the Maynard Public Schools and other relevant factors. When in the judgment of the Principal, the qualifications of the candidates are relatively equal, preference will be given to qualified teachers already employed by the Committee. Whenever practicable, vacancies in postable positions will not be filled sooner than five (5) days after which the vacancy has been posted (except on a temporary basis). Time spent in an acting appointment shall not be used as an indicator of superior qualifications for the position. The Principal shall be the sole judge of qualifications subject to the review and approval of the Superintendent and his/her/their decision will not be subject to the arbitration provision of this Agreement.

Section 4.

Nothing in this Agreement shall prevent the Superintendent from making acting appointments until positions can be filled with permanent appointments as provided in this Agreement. Unless qualified applicants are unavailable, all permanent appointments shall be made within thirty (30) calendar days, exclusive of vacation, from the date on which the posting period expires.

ARTICLE XIII:   POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL AND FEDERALLY FUNDED PROGRAMS

Section 1.

The parties agree that this Agreement covers the duties, salaries and working conditions of the professional staff in the public school programs of Maynard.

Section 2.

The parties recognize that summer school and adult education programs which the Committee may establish or maintain in its discretion are not within the public school program of Maynard and therefore the duties, salaries and working conditions of employees involved in these programs are not covered by the terms of the Agreement.

The Committee agrees that the Superintendent or his/her designee will be required to interview all applicants for summer school or adult education positions who are members of the bargaining unit at the time the position(s) is/are posted.

Section 3.

This   Article   will   not   be   subject   to   the   arbitration  provisions   of  this   Agreement.

ARTICLE XIV: EVALUATION

5 Step Evaluation Cycle

****

Note: The language in the main body of the contract here is quite brief. However, it refers to a separate much larger appendix, also included, which contains the details of how the evaluation is structured and implemented. Article XIV

•         The purpose of the educator evaluations are to promote student learning, growth and achievement by providing Educators with feedback for improvement, enhanced opportunities for professional growth and a clear structure for accountability. 603 CMR 35.01(2)(a).

•         Educators under this contract will be observed by a Primary Evaluator, determined by the listed below, who is to perform a majority of the observations. Secondary evaluators can be chose from the list or by another not on the list by mutual agreement of the primary evaluator and the educator. Primary Evaluators

Building Principals

Building Assistant Principals

Student Services Director

Superintendant

•         The cycles for Educators will be chosen with the assistance of the Association for the first year of this evaluation system and determined by educator evaluation ratings for subsequent years as prescribed by the MA DESE.

•         The Rubrics and all state forms for all educator evaluations were adopted by the Association and the Committee from the Department of Elementary and Secondary Education state model.

•         All language for this article of the contract was adapted from the Department of Elementary and Secondary Education model contract language as seen in Appendix J

•         The evaluation Language set forth in Appendix J is hereby incorporated by reference into the parties' contract.

ARTICLE XV:   DISCIPLINE

Section 1.

Teachers will have the right, upon request and by appointment with the Superintendent's clerical staff, to inspect the contents of their personnel file in the presence of the Superintendent or his/her designee. A teacher will be entitled to have a representative of the Association accompany him/her during such review. No material derogatory to a teacher's conduct, service, character or personality will be placed in the personnel file unless that teacher has had the opportunity to review the material by affixing his/her signature to the copy to be filed with the express understanding that such a signature does not in any way indicate agreement with the contents thereof. The teacher will also have the right to submit a written reply to such material to be reviewed by the Superintendent and attached to the file copy.

Section 2.

Any written complaint regarding any teacher made to the Superintendent or any other administrators, or to the Committee by any parent, student, teacher, administrator or other person will be promptly called to the attention of the teacher involved.

Section 3.

The Association recognizes the authority and responsibility of the Superintendent to maintain professional standards. When the teacher is to be disciplined or written reprimand is to be placed in the teacher's personnel file, the teacher will be entitled to be represented by an MEA representative. If the teacher wishes to bring an attorney, he/she will notify the Superintendent in advance so that the school department can have legal representation present. E-mail shall not be used to discipline or reprimand any teacher.

Section 4.

No teacher shall be reduced in compensation, denied a salary increase or step increment, disciplined, or reprimanded by any member of the Administration or by the Committee without just cause. No professional status teacher shall be discharged without just cause. It is expressly understood that this Section shall not apply to the Committee's failure to reappoint a probationary (non-professional status) teacher and the Committee retains the rights which it has under professional status law and statute. The failure to reappoint a non-professional status teacher shall not be arbitratable under this Agreement. It is further understood by the parties that members of the Administration have the right to discuss matters of routine nature (academic, educational) with members of the bargaining unit, as the need arises.

Section 5.

"Reprimand" shall be defined as a formal written warning issued by an individual in a professional position outside Unit A which is placed in a teacher's personnel file.

Section 6.

Professional status teachers whose increments and/or salary increases are to be withheld will be notified by June 15 of the preceding school year. Said personnel shall have the right to the grievance and arbitration process in this matter.

Section 7.

A Teacher serving on a School Council will have all of the teacher's statutory rights and protections of this Agreement extended by the Committee to the teacher in the teacher's capacity as a School Council member.

ARTICLE XVI:   AVAILABILITY OF SPECIALISTS TO TEACHER

Section 1.

The Committee recognizes that classroom teachers require the assistance of certain specialists in order to carry out their assigned duties effectively. The Committee agrees that such specialists will be utilized in the system. However, it will be the responsibility and obligation of the Committee to make the final decision as to specialists.

Section 2.

The parties further agree that the subject matter of specialists while not subject to arbitration under the provisions of this Agreement shall be within the scope of professional consultation as set forth in Article XVI hereafter.

ARTICLE XVII:   PROFESSIONAL CONSULTATIONS

Section 1.

In recognition of the professional standing of teachers and the fact that teachers' ideas and opinions systematically and periodically collated and expressed are of significant value in improving the quality of education in, as well as the efficient and economical operation of, the Maynard Public Schools; and in recognition of the Association's knowledge of the ideas and opinions of teachers, the Committee agrees that it (or its designated representative) will upon request of the Association meet at a reasonable time and place with the Association to consult about any matters of concern or interest to the Association. The frequency and/or length of such meeting may be extended by mutual agreement.

Section 2.

The Association agrees that prior to one week before the date scheduled for said consultation the Association will submit to the Superintendent of Schools a written agenda of subject about which it desires to consult at the meeting.

Section 3.

It is further agreed that the provision of this Article will in no way be construed as broadening the application of this Agreement as a whole; nor will these provisions make any matter subject of a grievance or arbitration matter in the absence of these provisions; nor make any matter a mandatory subject of discussion at any time other than at the consultations described in this Article that would not be a mandatory subject of discussion in the absence of the provisions of this section.

Section 4. Clear Committee

The School Committee, Superintendent and the Maynard Education Association have agreed to the formation of a committee to openly discuss any issues between the three parties. The purpose of the committee, to be known as CLEAR (Committee of Labor for Educative and Administrative Relations), is to maintain open communication between the three parties and solve problems in a collaborative manner. This committee will consist of the Superintendent and the President of the MEA, as well as, three designees by each person to discuss issues or concerns that may arise during the school year. CLEAR will meet on an as needed basis and can be commissioned by request of either the Superintendent or the MEA President.

ARTICLE XVIII:   TEXTBOOKS

Section 1.

In accordance with the provisions of the General Laws of the Commonwealth of Massachusetts, the Committee reserves unto itself the responsibility of selecting and purchasing textbooks, and in being guided in this matter by the recommendations of the Superintendent.

Section 2.

The Committee will continue the policy of soliciting the recommendations of the teachers and shall consider such recommendations in making its selection of textbooks to be used in the schools.

Section 3.

The Committee agrees that adequate instructional material shall be available to all students so that they may complete meaningful assignments.

Section 4.

The Committee agrees that it will provide teachers' manuals and/or keys for all approved textbooks wherever these materials are available from the publishers.

Section 5.

Recognizing the statutory responsibility of the Committee for the adoption of textbooks, it is understood and agreed that the Committee reserves the right to make the final decision in regard to textbooks.

Section 6.

The subject matter of textbooks shall not be subject to the arbitration provisions of this Agreement.

ARTICLE XIX:   TEACHER'S INDIVIDUAL RIGHTS RESERVED

The rights, responsibilities and benefits of persons provided herein are in addition to those provided by Town, State or Federal Statute or By-laws, State Department of Education Regulations, including without limitations all applicable professional status ("tenure"), pension, and civil rights laws.

ARTICLE XX:   TEACHER FACILITIES

Section 1.

Where the buildings and facilities furnished by the Town of Maynard make it feasible and practical to do so, each school will be provided with the following:

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

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

3.  An appropriately furnished room to be reserved for the exclusive use of teachers as a faculty lounge. Said room will be in addition to the aforementioned teacher work area.

4.  Separate teacher dining areas in all schools which already have such areas.

5.  Well-lighted and clean restrooms.

6.  A serviceable desk and chair for each teacher.

Section 2.

Any decision of the Committee with respect to the expenditure of money for any of the foregoing facilities shall not be subject to the arbitration provisions of this Agreement.

ARTICLE XXI:   USE OF SCHOOL FACILITIES

Section 1.

Subject to safety requirements and on the same basis that other public groups are afforded use of the Town's facilities, the Association will have the right to use the school buildings without cost at reasonable times for meetings. The Principal of the building in question and the Superintendent will be consulted in advance of the time and place for all such meetings in order that these appropriate school officials may avoid conflicts in the scheduling of building use.

Section 2.

The Association and/or it members will have the right to use the athletic facilities and equipment at all schools without cost, one (1) afternoon or evening each week after school hours. The schedule and other related matters will be arranged, in advance, with the Superintendent of Schools. The Committee assumes no liability when the facilities are utilized by the Association or its individual members.

Section 3.

During the summer, teachers will have access to their classrooms whenever the building is open, provided that it is not being used for other activities or being cleaned. Three weeks prior to the start of school for students, teachers will have access to their classrooms from 6:00 a.m. to 6:00 p.m., if economically feasible to do so.

ARTICLE XXII:   SICK LEAVE

Section 1.

Every person covered by this Agreement shall be granted an annual leave of fifteen (15) days without loss of pay for absence caused by illness or injury to be credited for usage as follows: Each Employee shall initially have five (5) days added to his/her accumulated sick leave at the beginning of each school year; in addition, one (1) day per month up to a total of ten (10) days shall be credited for each month of service thereafter.

Sick leave not used in the year of service for which it is granted shall be accumulated from year-to-year up to a maximum of 215 days.

Section 2.

Such leave with pay is intended to cover the Employee's own incapacitation due to sickness or injury. In cases where there has been an absence of more than ten (10) consecutive days the Superintendent, following the tenth day, may require a physician's certificate as to the necessity for such absence by the employee involved. The cost, if any, of obtaining such certificate shall be borne by the Committee.

Members of the professional staff shall be allowed to utilize up to five (5) days of their accumulated sick leave for illness or injury of any person residing in the employee's home. In case of a family separation or divorce, an employee may use these days to care for a child not residing in their residence.

Section 3.

Each employee shall be given a written accounting of all accumulated sick leave from the prior school year and the current year's allotment no later than October 1.

Section 4.   Sick Leave Bank

a. The sick leave bank was established for use by eligible members of the professional staff and who have serious illness or who can demonstrate that exhaustion of their sick leave was due to serious illness.

b. Upon initial employment members of the professional staff covered by this Agreement shall each contribute two (2) days of their annual fifteen (15) days of sick leave in order to fund the bank.

c. The initial grant of sick leave by the sick leave bank committee to an eligible Employee shall not exceed thirty (30) days.

d. Upon completion of the thirty (30 day period, the period of entitlement may be extended by the sick leave bank committee upon demonstration of need by the applicant.

e. Any sick leave granted under the provisions of this Section shall expire at the end of the applicable school year.

f. The sick leave bank shall be administered by a sick leave bank committee consisting of four members. Two members shall be designated by the Association. The sick leave bank committee shall determine the eligibility for the use of the bank and the amount of leave to be granted. The following criteria shall be used by the committee in administering the bank and in determining eligibility and amount of leave:

1. Adequate medical evidence of serious illness;

2. Prior utilization of all eligible sick leave.

g. The maximum accumulation of unused sick leave days in the sick leave bank which will be allowed to be carried forward to the next school year is two-hundred and fifty (250) days. When the sick leave bank falls below 250 days by an amount which is equal to the number of members of the bank, each member will contribute an additional sick leave day to the bank. Any sick leave days contributed to the sick leave bank will be deducted from the Employee's fifteen (15) annual sick leave days.

h. The decision of the sick leave bank committee with respect to eligibility and entitlement shall be final and binding and not subject to appeal.

Section 5.

a. Upon death or normal retirement under the Teacher's Retirement Law or separation of employment as a result of layoff following the expiration or waiver of any recall rights, each Employee of the Maynard Public Schools covered by this agreement who was employed by the Maynard Public Schools on or before June 30, 1986, (or the estate of such employee as the case may be) shall be paid fifty-percent (50%) of their unused accumulated sick leave in the Maynard Public Schools as of the date of such Employee's separation or a maximum of $21,581. which ever is less.

b. An Employee otherwise eligible to receive the benefits of paragraph "a" above may, in lieu thereof, be eligible to receive a greater maximum payment of up to $23,118. If, as of the date of such Employee's death, normal retirement of separation from employment pursuant to said paragraph "a", such Employee has, in addition:

1. Served a minimum of fifteen (15) years in the Maynard Public Schools; and

2. Accumulated a minimum of ninety-percent (90%) of the applicable maximum sick leave accumulation.

c. Employees covered by this Agreement who commenced employment after June 30, 1986, shall be paid fifty-percent (50%) of their accumulated sick leave in the Maynard Public Schools or a maximum of $7,709. which ever is less.

Section 6. FMLA

"The Association acknowledges that the Association and the Committee are subject to the provisions of the FMLA. The FMLA shall not increase or decrease the length of leave available to eligible employees under this agreement. Where an employee takes leave under one of the aforementioned articles for a reason which would entitle the employee to leave under the FMLA, such leave will also be considered FMLA leave and will be deducted from the employee's Statutory FMLA leave entitlement. FMLA leave is not cumulative and is not in addition to the leaves currently available to the extent such leaves are for reasons covered by the FMLA

ARTICLE XXIII:   TEMPORARY LEAVES OF ABSENCE

Section 1.

It is recognized by all that absences by regular teachers from the classroom interrupt the educational process and must, therefore, be held to an absolute minimum.

Section 2. Bereavement

A full-time member of the professional staff covered by this Agreement will be allowed leave without loss of pay in any one (1) school year for the following reasons:

a. Three (3) consecutive days in each instance of death or serious illness in the immediate family (immediate family for the purpose of this Section is defined to mean father, mother, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, spouse, child, grandparents, grandchildren and any person residing in the employee's household. Additional Bereavement Leave may be granted at the discretion of the Superintendent for either days or other individuals.

b. Court: Absence caused by required court appearance in connection with school business or teacher's employment.

c. Personal Days: In each school year, the teacher may obtain two (2) days of personal leave per school year for the purpose of transacting imperative legal business, household or family matters which are impossible to transact during non-school hours or, outside normal teacher's work day, including the inability to reach school in inclement weather. Such personal days shall not be cumulative. Additional personal days may be granted at the discretion of the Superintendent.

The following items of explanation apply:

1. Application for such leave must be made in writing to the Superintendent as early as possible and, except in the case of an emergency, not less than one week in advance in order to assure adequate coverage. Such application will set forth the reasons for such personal leave.

2. Except in emergency situations, personal leave days and comp days shall not be granted the scheduled work day before or after a holiday, vacation period, or other leave of absence.

Section 3.

Teachers called into temporary active duty with a unit of the United States Armed Forces or National Guard will perform such duty during a period when school is not in session except when the necessity of government makes other demands absolutely necessary. Such teachers will receive all benefits and rights to which they are entitled under existing law.

Section 4.

Leave taken pursuant to this Article shall be in addition to any sick leave to which the teacher is entitled. No teacher will be required to arrange for his/her own substitute.

Section 5.

Leave requested pursuant to this Article shall not be unreasonably and arbitrarily withheld.

Section 6.

In accordance with Chapter 234A of the General Laws of Massachusetts the Employer shall pay a teacher who serves as a juror in the Courts of the Commonwealth of Massachusetts or the United States the difference between the teacher's regular wages and the payment the teacher received for such jury service, exclusive of any travel allowance. The teacher shall present proof of jury service, and the amount of compensation the teacher received therefore, to the Superintendent or designee in order to receive payment from the Employer under this Article, For the purposes of this Article only, regular wages shall include any compensation for extra-curricular stipends or coaching positions, if they would be lost by the teacher by doing jury service. It is further understood that any Employee selected to serve as a juror will attempt to have their service deferred to non-school periods.

ARTICLE XXIV:   EXTENDED LEAVES OF ABSENCE

Section 1. Peace Corps/Exchange Teacher

A leave of absence without pay of up to two (2) years may be granted to a professional status teacher who joins the Peace Corps, serves as an exchange teacher, and is a full-time participant in any such program. Upon return from such leave, a teacher will be considered to be actively employed by the Committee for increment purposes during the leave and will be placed in the salary schedule at the level that would have been achieved if the teacher had not been absent.

Section 2. Military Service

As covered by the applicable law, military leave will be granted to any permanent teacher who is included or enlists in any branch of the armed forces of the United States. Upon return from such leave, a teacher may be placed on the salary schedule at the level which would have been achieved had the teacher remained actively employed in the system during the period of absence up to a maximum of three (3) years.

Section 3. Family Illness

A leave of absence without pay or increment of up to one (1) year may be granted to a professional status teacher for the purpose of caring for a sick member of the teacher's immediate family. Additional leave may be granted at the discretion of the Committee for this purpose.

Section 4. Health

A professional status teacher may be granted a leave of absence, without pay, for up to one (1) year for health reasons.  Requests for such leave will be supported by appropriate medical evidence.

Section 5. Leave Process

The teacher will notify the Superintendent by April 1 of the teacher's intention to return the September following termination of the leave. All requests for extensions or renewals of leave must be applied for in writing on or before March 15 of each year in which the leave expires. Decisions of such requests will be confirmed in writing by April 15.

Section 6.

Applications for an extended leave of absence, without pay, must state the specific reasons therefore and should be submitted at the earliest possible date to the Superintendent of Schools, who, in turn, will make his/her recommendations thereon to the Committee. If the reason for the requested extended leave of absence is due to prolonged illness or recovery from injuries, the application shall be supported by a physician's certificate setting forth the nature of the illness or injury and that the absence is medically necessary; and, in such case, the Committee may require the Employee to undergo a physical examination by a physician designated and paid by the Committee.

Section 7.

All benefits except incremental advancement to which a teacher was entitled at the time a leave of absence commenced, will be restored upon the teacher's return. The teacher will be assigned to the same position held at the time said leave commenced, if available. If the same position is not available, the teacher will be assigned to a position which is available at the time of the teacher's return and for which the teacher is qualified.

Section 8.

The Superintendent may grant one (1) professional status teacher a leave of absence without pay for two (2) years for the purpose of holding elective office in the Massachusetts Teachers' Association or National Education Association.

Section 9.

The Superintendent may grant a leave of absence of two (2) years without pay for increment credit to one (1) professional status teacher to campaign for himself/herself or serve in an elective county, state or federal office.

Section 10.

Other leaves of absence without pay may be granted by the Superintendent. All requests for extensions or renewals of leave will be applied for and answered in writing and the Superintendent's decision shall be final and binding.

Section 11.

The Superintendent may grant an unpaid leave of absence of up to two (2) years in order to pursue alternative careers.

ARTICLE XXV: PARENTING LEAVE

This Article applies to all pregnant teachers, adoptive parents and to paternity leave as needed by male teachers employed by the Committee on a permanent basis.

Section 1.

A teacher who becomes pregnant will notify the Superintendent in writing as soon as possible but in no event less than four (4) weeks before the commencement of such leave, stating the anticipated dates of departure and return.

Section 2.

The pregnant teacher may continue in her assigned position as long as her physical condition and ability to perform her assigned duties allow. The Committee may require such medical evidence of the teacher's ability to continue employment as it may require when questioning the health of a teacher in a non-maternity related situation.

Section 3.

Staff members who desire to return as soon as possible after conclusion of pregnancy will be allowed up to eight (8) weeks leave and will be guaranteed the same position held at the time the leave commenced. In the event birth takes place during a vacation when the teacher is not on leave, the eight-week period will commence from the date of conclusion of pregnancy.

Section 4.

In the event a teacher desires to leave longer than the time allowed in Section 3 above the procedure listed below will follow:

a. If the leave commences before February 1, it shall terminate with the return of the teacher either the first or second September.

b. If the leave commences on or after February 1, it shall terminate with the return of the teacher on either the start of the following second school semester or the September after that.

c. Upon returning from parenting leave, a teacher will be returned to the same position, or to a similar position which she held at the time the leave commenced. Teachers who wish to return prior to the dates described above will not be guaranteed a position on the date requested but will be offered the next available position in the area in which they were working at the time their leave commenced.

d. In no event shall a parenting leave include time in more than two (2) school years.

Section 5.

The teacher shall notify the Superintendent in writing which option she is electing with respect to leave duration. Such option will be binding on the teacher. Notification must be received by the Superintendent at least four (4) weeks prior to the teacher's anticipated departure on maternity leave. Parenting leave will be granted to commence as of the date requested. A physician's statement giving the approximate date of delivery is to accompany each request for parenting leave of absence. The Superintendent may terminate a teacher's employment if the teacher fails to return to work at the conclusion of the teacher's requested parenting leave. Such a termination will not be subject to grievance arbitration provisions of this Agreement. The Superintendent may extend the teacher's parenting leave because of extraordinary circumstances.

Section 6.

The teacher who is pregnant or is on parenting leave, and who is physically unable to work because of disability connected to pregnancy, may use accumulated personal sick leave to cover those days when she is disabled and unable to work. The Superintendent may require a teacher to submit adequate medical evidence verifying the disability. Disability connected to pregnancy shall be defined as a physical inability to work caused by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom.

Section 7.

Any benefits to which a teacher was entitled under this Agreement will be restored to the teacher upon return and the teacher will be placed on the applicable salary schedule at the step attained when the leave commenced except that a teacher who had taught ninety-one (91) days or more in the school year in which the leave commenced will be placed on the next step of the applicable salary schedule.

Section 8.

A male teacher shall be granted paternity leave of absence without pay of up to one (1) year provided the Superintendent is given at least forty-five (45) days' notice in writing prior to the expected date of birth. Such leave may be granted only at the end of a marking period, and must terminate at the beginning of the next school year. A male teacher wishing to return at another time may do so only if a vacancy occurs that he is qualified to fill.

A teacher on paternity leave shall not accrue paid sick leave during the period of such leave. Upon returning from paternity leave, the teacher will receive credit for one full year of teaching if he completed at least ninety-one (91) days of teaching during the school year prior to his leave. Otherwise, the teacher shall return to the step on the salary schedule which he held prior to his leave. The teacher shall be returned as soon as practicable to the position he held prior to his leave, or to a similar position for which he is qualified/certified.

Section 9.

A teacher adopting a child shall be granted a leave of absence without pay under conditions similar to those listed in this Article as they relate to a teacher who wishes to commence her/his parenting leave at a fixed date earlier than the expected termination of pregnancy.

Section 10.

The parties agree that these procedures will be interpreted in order to assure compliance with Federal       and       State       (Massachusetts)       laws       governing       maternity       leave.

ARTICLE XXVI:   SABBATICAL LEAVE

Sabbatical leave is a leave of absence granted to Employees by the Committee, in its discretion, so that Employees may engage in professional study or research for periods of one (1) full school year or one (1) full school semester. Such sabbatical leave may be granted subject to the following conditions:

a.   Such leave will improve the quality of teaching.

b.   No more than two (2) members of the professional staff as covered by this Agreement will be absent on sabbatical leave at any one time.

c.   Notification of intent to apply for a sabbatical leave will be made by the teacher in writing to the Superintendent by November 1 of the school year preceding the desired sabbatical leave. Final application for sabbatical leave will be made by February 1 of the preceding school year. Such application will be in writing to the Superintendent and action must be taken on all such requests no later than April 1 of the preceding school year for which the sabbatical leave is requested.

d.  The teacher has completed at least six (6) consecutive full years of service in the Maynard Public Schools.

e.  Teachers on sabbatical leave shall be paid 50% of their regular salary rate for time spent on sabbatical leave up to one year. Upon submission of financial plan by the teacher involved providing for funding by a third party, the Committee may in addition to such funding provide a differential payment to the teacher or teachers involved. Such differential payment by the Committee shall not exceed 50% of the teacher's salary and in no event will the teacher while on sabbatical leave receive more than his/her annual salary.

f. Upon termination of such leave the teacher will return to service in the Maynard Public Schools for a period equal to twice the length of such leave and that in default of completing such service except in the case of permanent disability or death, the teacher will refund to the town an amount equal to such proportion of salary received by the teacher while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered.

ARTICLE XXVII:   ASSOCIATION RIGHTS AND PRIVILEGES

The Committee agrees that in the interest of providing the professional staff of Maynard with the finest professional atmosphere, the following rights and privileges will be extended to the Association.

1. Where possible and practicable, space will be provided for the Association President to have a filing cabinet conveniently located near the President's primary teaching station.

2. The President of the Association and two (2) of the President's designees will be granted leave to attend one meeting of the Massachusetts Teachers' Association without loss of pay.

3. Once monthly, teachers who plan to attend an Association meeting will be allowed to leave their respective buildings at the end of the school day in order to attend such meetings.

4. No teacher will be prevented from wearing pins or other identification of membership to teacher organizations.

ARTICLE XXVIII:   PROFESSIONAL DEVELOPMENT AND EDUCATION DEVELOPMENT

The Employer will grant financial assistance to teachers covered by this Agreement who pursue advanced study directly related to the professional growth of the individual teacher, subject to the approval of the Superintendent and subject to the following terms and conditions.

Section 1.

A teacher who wishes to attend a workshop, seminar, conference, visitation to another school, or undertake any other similar activity to enhance the teacher's professional development and who wishes to be reimbursed for some or all of the costs of this activity shall make application for use of said fund. The application will state, among other things, the purpose for the request, the amount of the cost for the activity and the amount of reimbursement sought, if different. The application must be approved and be signed by the teacher's Principal. The Superintendent shall then receive the application and recommend the amount of the reimbursement, which may be paid in advance of the attendance at the class, workshop, etc. The Principal and the Superintendent may, at their discretion, require a report from the teacher evaluating           the           usefulness           of           the           particular           activity.

Section 2.

A teacher may also apply for reimbursement of not more than one (1) course per semester to be taken at an accredited college or university or professional training school. All courses must be approved in advance by the Superintendent. Assistance will be limited to tuition, registration and laboratory fees and will not include books or transportation. Reimbursement shall also be subject to presentation of evidence of payment and the earning of graduate credits with a grade of "A" or "B", where applicable.

Section 3.

The funds available to teachers under this Article shall be available on a "first come, first served" basis until all the funds for the year are encumbered. No other funds will be available for these purposes.

Section 4.

This Article is not subject to the arbitration provision of this Agreement.

Section 5.

The Committee will pay the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by teachers who attend workshops, seminars, conferences, or other professional improvement sessions at the request of and/or with the advanced approval of the Superintendent whose decision shall be final and binding and not subject to the arbitration provisions of this Agreement. This provision does not preclude a teacher from attending such activities, at the teacher's own expense and without loss of pay where approved by the Superintendent.

Section 6.

Teachers participating in curriculum development or an in-service course within the Maynard Public Schools shall be considered to have earned the equivalent of semester hours of credit toward advancement on the salary schedule where such courses and curriculum programs have received prior approval for such purposes by the Superintendent or designee.

Section 7.

The Superintendent will establish a Professional Development Advisory Committee in consultation with the President of the Maynard Education Association. Said Committee will meet from time to time, as it deems appropriate to formulate recommendations relative to professional development programs. The Superintendent will consider said recommendations when     deciding     upon     professional      development     activities     for     the     staff.

ARTICLE XXIX:   SEPARABILITY AND SAVINGS

Section 1.

If any Article or Section of this Agreement or any riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if the compliance with our 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 rider thereto, or the application of such Article or Section to person or circumstances other than those as to which it has been invalid or as to which compliance with or enforcement of has been restrained shall not be affected thereby.

Section 2.

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 negotiations at the request of either party for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of the invalidity or restraint.

ARTICLE XXVIII:   PROTECTION

Section 1.

The rights of the teacher to indemnification against certain actions and claims and to legal assistance will be governed by Massachusetts General Laws, Chapter 258.

Section 2.

In case of personal injury to a teacher, sustained as a result of and in the performance of his/her duties, the Superintendent's Office will notify the Massachusetts Teachers' Retirement Board as required by M.G.L. 32:7, and will provide a copy of such notification to the teacher.

Section 3.

Teachers who receive a personal injury arising out of and in the course of their employment are entitled to Workers'  Compensation  benefits provided by the Town  of Maynard.

ARTICLE XXXI:   PAYROLL DEDUCTION

Section 1.

The Committee agrees to deduct from the salaries of its Employees dues for the Maynard Education Association or Massachusetts Teachers' Association and/or the National Education Association. Written requests on appropriate forms must be filed with the Superintendent by the third Monday of October.

Section 2.

The Association will certify to the Committee in writing the current rate of membership dues. The Association shall give the Committee thirty (30) days written notice prior to the effective date of change of membership dues.

Section 3.

Deduction shall be made in installments on specified payroll periods. The Committee will not be required to honor for any month's deduction any changes in authorizations that are ■ delivered to it later than three weeks prior to the payday when the deductions are to be made.

Section 4.

The Treasurer of the Town of Maynard shall send all dues thus collected and accumulated to the Association Treasurer.

Section 5.

In order to provide for a non-forfeitable tax-sheltered annuity payable upon retirement or termination of employment, a teacher may contract with the Committee pursuant to Section 37B or Chapter 71 of the General Laws of Massachusetts for purchase of such annuity as part of his or her Employment compensation. Such contract shall specify the premium to be paid toward the annuity and the benefits payable thereunder.

Section 6.

Where the Town Treasurer's procedures allow, the Committee agrees to deduct from the salaries of teachers who have on file with the Committee an authorization card, an amount specified for the purchasing of shares or repaying a loan from the MTA Credit Union.

Section 7.

The Association shall indemnify and save or hold the Committee and/or Town harmless against all claims, demands, suits or other forms of liability which may arise by reason on any action taken in making deductions and remitting same to the Association pursuant to this Article.

ARTICLE XXXII:   LAYOFF

Section 1.

The School Committee retains the exclusive right to determine the number of teaching positions and other professional positions and the number of teachers and staff in the Maynard Public Schools and to determine that a reduction in the number of professional staff and/or layoffs are necessary. For the purposes of this Article, a "layoff" shall be defined as a reduction in the total amount of time a teacher is employed either in whole or in part. Such decisions shall be final and binding and not subject to the arbitration provisions of this Agreement.

Section 2.

For the purpose of this Article, the following seniority levels shall be established:

Level 1. Certification in grades Kindergarten through eight

Level 2. Certification in grades six through twelve

Level 3. System-wide specialists (art, music, physical education, technology education, home economics, etc.)

Level 4. Certification as special needs teachers

Section 3.

For the purposes of this Article, the subject areas, for layoff purposes in grades six through twelve shall be: English, Science, Social Studies, Mathematics, Language Arts, Foreign Languages, Guidance, Business Education, Technology Education, Home Economics, and Health/Life Studies.

Section 4.

When the Committee determines that it is necessary to layoff a member of the professional staff, such layoff will take place in accordance with the following procedures:

a.  To the extent possible, normal attrition will be used to reduce the number of positions in those levels and/or subject areas in which reductions and/or layoffs are necessary. That is, Employees who resign, retire or otherwise terminate their employment shall not be replaced unless there is no one in the Maynard Public Schools who is qualified to fill such position.

b. No qualified professional status teacher shall be laid off while a non-professional status teacher is holding a job which the professional status teacher is qualified to fill.

c. Any and all substitute teachers will be issued non-rehire notices before any regular full or part-time teacher is laid off.

d. All staff who are employed in less than a regular full-time capacity will be laid off first in the following order:

1. Temporary substitutes

2. Permanent substitutes

3. Regular part-time staff who were originally hired as regular part-time staff.

e. The Committee agrees that in the event certain subject courses are being taught by certified or non-certified members of the professional staff on a limited basis, no teacher with professional teaching status who has seniority and is certified to teach in that area or areas of certification shall be laid off as a result.

It is understood and agreed that if a part-time teacher is laid off in accordance with these provisions, the Committee will not be obligated or required to convert the part-time position to a full-time position.

Section 5.

After the procedures in Section 4 have been exhausted, if it becomes necessary to layoff a professional status teacher the following procedures will be followed:

a. Professional status teachers shall be laid off from within their level and/or subject area. Teachers in Level 1 will be laid off by seniority without regard to the particular grade they are teaching. Teachers in Levels 2 and 3 will be laid off by seniority from the particular subject area or specialty where a reduction and/or layoff is necessary. Teachers in Level 4 will be laid off by seniority without regard to the particular grade they are teaching.

b. When it becomes necessary to layoff a teacher or teachers in Level 1 (grades K through 8), the least senior teacher will be laid off first. When it becomes necessary to layoff a teacher or teachers in Levels 2 and 3, the least senior teacher in the particular subject area or specialty where a reduction or layoff is required will be laid off first.

c. A full-time teacher who has been laid off in accordance with this Article shall be entitled to displace a junior Employee who is also the least senior Employee in another level or subject area; provided if such least senior Employee is a part-time Employee, the displacing teacher shall be entitled to displace either said least senior part-time Employee or, if also junior, the least senior full-time Employee in said level or subject area; provided, further, such displacing teacher meets the following requirements:

1. The teacher is certified to teach in such level or subject area,

2. The teacher has actively taught in that level or subject area within two (2) years from the effective date of layoff, or

3. The teacher may substitute for the teaching requirement in paragraph 2, completion of forty-five (45) professional development points (PDP's) specific to the subject area by the second September 1st, in accordance with the Education Reform Act of 1993 as it applies to PDP criteria. In the event a teacher subject to layoff holds multiple certifications and meets the foregoing requirements with respect to two (2) or more levels of subject areas, said teacher may only displace the least senior full or part-time Employee of all of the levels or subject areas in which multiple certifications are held.

d.  "Involuntary" part-time teacher. A full-time teacher whose employment is partially reduced and who has no right to displace a more junior full-time teacher at the time of such reduction shall be considered an "involuntary" part-time teacher. In the event of subsequent reduction(s), such a teacher shall be entitled to the same rights to displace more junior teachers whether full or part-time, as set forth in paragraph c above. The seniority of any "involuntary" part-time teacher shall not be pro-rated, but rather shall continue to be calculated as if said teacher were full-time for all periods of involuntary part-time service following September 1, 1989.

e.  "Voluntary" part-time teacher. Any teacher who was originally hired as a regular part-time teacher or who voluntarily has accepted a part-time position, including any teacher laid off subsequent to September 1, 1989, who elects to accept a part-time position rather than exercise an existing right to displace a full-time teacher shall be considered a "voluntary" part-time teacher. In the event a voluntary part-time teacher is laid off subsequent to September 1, 1989, he/she shall only be entitled to displace the least senior "voluntary" part-time employee in the level(s) or subject area(s) concerned and shall have no right to displace more junior full-time employees or "involuntary" part-time employees. All other requirements of paragraph c above shall be applicable to such voluntary part-time employees. The seniority of any "voluntary" part-time employee shall be pro-rated for all periods of voluntary part-time service following September 1, 1989.

Section 6.

Where possible and practicable, teachers who are laid off pursuant to this Article shall be notified no later than May 1st that they are being laid off the following September.

Section 7.

a. While teachers covered by this Agreement are on layoff, the Committee agrees not to hire teachers new to Maynard to fill permanent vacancies for which teachers on layoff are qualified and certified to fill. Any teacher whose position has been completely reduced and is on layoff will have a right to recall within his/her level and/or subject area until the third September first following the effective date of termination. An "involuntary" part-time teacher shall have a right to recall within his/her level and/or subject area until the fifth September first following the effective date of any involuntary reduction(s). However, teachers on layoff who have declined an offer to be rehired, need not be contacted further nor rehired in the event of additional openings to be filled by the Superintendent. Recall to a level and/or subject area will be by seniority or length of service (in the inverse order of layoff) providing that the teacher is qualified for the position in question.

b. A teacher on layoff can be recalled to any level or subject area that they are certified to teach in when an opening occurs. Any new certifications obtained by a teacher while on layoff may be used for recall purposes as openings occur. It is the responsibility of the teacher on layoff to inform the Superintendent of any new certifications acquired in writing. These new certifications can only be used by a teacher on layoff for recall purposes and in no way will the new certification attained be used for bumping back into the unit.

Section 8.

All professional employees who are on layoff will be placed on the recall list by the Superintendent unless otherwise indicated by the teacher in writing.

Section 9.

Teachers shall be notified of recall via certified mail at the last address of record at the Office of the Superintendent of Schools. Teachers shall have ten (10) calendar days from date of mailing to notify the Superintendent of their acceptance or rejection.

Section 10.

Nothing in this policy shall prevent the Superintendent from temporarily filling a vacancy under conditions or circumstances which he/she considers to be an emergency.

Section 11.

Employees who have been laid off shall be given preference on the substitute list if they so desire and so indicate in writing.

Section 12.

When a layoff and/or non-renewal of non-professional status teacher is necessary, the decision of the Superintendent as to the layoff and/or non-renewal of non-professional teachers shall be final and binding and not subject to the arbitration procedure of the Agreement in accordance with Article IV, Section 3 of the Agreement.

Section 13.

DEFINITIONS - The following terms shall have the following meanings when used in this Article:

a. Authorized Leaves - Any leaves of absence approved by the Superintendent or by a vote of the School Committee.

b. Qualified - Certified in accordance with the provisions of this Agreement.

c. Certified - Possession of a valid teaching certificate and/or valid administrative certificate as issued in accordance with Section 38G of Chapter 71 of the General Laws of the Commonwealth and the rules and regulations of the Department of Education. It is the responsibility of the teacher to see that an up-to-date copy of said certificate is on file in the Superintendent's Office.

d. Length of Service - (seniority) - Length of continuous full-time employment in a professional position in the Maynard Public Schools from the most recent employment day (for which compensation was received) including time spent on authorized leave. The President of the Maynard Education Association shall have super-seniority during the life of this Agreement for the purposes of layoff.

e. Actively Teaching - means full time teaching and does not include teaching as

a temporary replacement, part-time teacher or substitute teacher.

Section 14.   Seniority List

One Seniority List shall be established to each school year prior to October 1 of said year if possible and practicable, but in no event shall the list be established later than December 1 of said year and shall remain in effect until the subsequent list has been established. The Maynard Education Association shall consult with members of the bargaining unit to determine appropriate placement and shall forward to the Superintendent the initial Seniority List containing the names of all Employees covered by this Agreement. Should the Superintendent choose to challenge the accuracy of the Seniority List, written notice detailing the challenge shall be sent to the President of the Association within fifteen (15) school days of receipt of the Seniority List. Within ten (10) school days of the receipt of the challenge, the Superintendent shall meet with the President of the Association to resolve the challenge. Challenges to the make-up of subsequent annual Seniority Lists may be made only to the extent of the changes, if any, to the proceeding Seniority List. The Superintendent and the President of the Maynard Education Association shall sign the Seniority List within ten (10) days after each revision and/or upon the resolution of a challenge. Should either party fail to sign the list within said ten (10) day period, the list shall be considered to be approved by both parties.

Section 15.

Questions or issues as to whether professional status teachers have been laid-off or recalled in accordance with the layoff and recall procedures of this Article shall be subject to Grievance and Arbitration Article.

ARTICLE XXXIII:   RETIREMENT INCENTIVE

Section 1.

In order to provide an incentive for retirement from the Maynard Public Schools, to reward those who desire to end their careers of long service to the children of Maynard and, at the same time, to provide a long term financial savings to the Town of Maynard as well as career advancement opportunities for other teachers, a retirement program has been agreed upon as follows:

Section 2.

Those eligible to participate in the program are all teachers who have, as of January 1 of the fiscal year in which they elect to retire, served a minimum of fifteen (15) years in the Maynard Public Schools and who, as of that date, meet the following requirements and qualifications.

a. The teacher must be at least fifty-five (55) years of age;

b. The teacher must be at the maximum step of the salary schedule.

c. The teacher must elect to take advantage of the incentive by retiring in either the 2010-11 fiscal year, the 2011-12 fiscal year.

d. Notices of irrevocable intention to retire must be given by 5:00 p.m., November 1, and will become final and irrevocable as of 5:00 p.m., April 15, of the applicable fiscal year.

e. No more than three (3) teachers shall be eligible to receive the incentive, in each of the three (3) fiscal years it is effective. In the event more than three (3) teachers have finally elected retirement in a single fiscal year, the three (3) teachers with the greatest seniority shall be considered eligible. Notices of intent to irrevocably retire shall not be binding on those teachers subsequently determined to be ineligible for the benefits of this Article.

f. The Committee may in its sole and unreviewable discretion agree or refuse to agree 1) to extend the benefits of this Article to any number of teachers greater than three (3) in any fiscal year this benefit is applicable or 2) to waive or extend time limits for application hereunder. Final approval and acceptance of notices of retirement hereunder shall be made by April 15 of the fiscal year concerned.

g. Each teacher electing to irrevocably retire and who is eligible under the requirements of this Article shall receive a one-time grant of six thousand nine hundred eighty-three dollars ($6,983). Depending upon the effective date of retirement of the particular teacher concerned, the cost of the teacher's replacement, if any, and, as a result, the remaining monies available to the Committee, payment of said one-time grant will be made, at the Committee's sole discretion, within ninety (90) days of the effective date of retirement or at a date no later than August 15 of the first fiscal year subsequent to that fiscal year in which the retirement becomes effective.

Section 3.

Teachers who elect to retire under the provisions of this Article will be eligible to redeem unused accumulated sick leave only if their retirement otherwise, and independently, qualifies them for such under the provisions of Article XXI, Sick Leave, Section 5.

Section 4.

Compliance with the eligibility requirements and deadlines for applications hereunder shall be strictly enforced.

Section 5.

Notwithstanding any other provision of this Agreement, the Committee may offer such retirement incentives as it may from time to time deem to be appropriate pursuant to the following conditions.

a. A written announcement of the retirement incentive will be sent to the President of the Association and to all members of the bargaining unit who will be completing twenty (20) or more years of service in Maynard at the end of the school year in which the announcement is made.

b. Eligible personnel will be given at least sixty (60) calendar days from the date of the announcement in which to submit an irrevocable written resignation to be effective without any further action by the Committee upon the close of the school year.

c. No later than July 31 st of the calendar year in which the resignation is effective, the Committee will pay each teacher who submits a resignation the amount of money set forth in the announcement as a retirement incentive.

ARTICLE XXXIV:   AGENCY SERVICE FEE

Section 1.

Effective the 30th day following the ratification of this Agreement, each member of the bargaining unit who is a member of the Association in good standing shall be required to maintain such membership in the Association or pay an Agency Service Fee, as a condition of employment.

Section 2.

Effective the thirtieth (30th) day following the ratification of this agreement, all other Employees shall be required to become a member of the Association or pay an Agency Service Fee, as a condition of employment.

The Association agrees to indemnify and save the School Committee harmless against any and all claims, demands, or suits or other forms of liability or costs, including reasonable attorneys' fees that may arise out of or by reason of any action taken by the Committee for the purpose of complying with the provisions of this Article.

The Association agrees to assume full responsibility for the disposition of the Agency Service Fee monies so deducted under Paragraphs 1 and 2 above once they have been turned over to the Treasurer of the Association.

No action by the School Committee shall be considered against any member of the bargaining unit for failure to meet his/her Agency Service Fee obligation, unless and until the Association certifies, in writing, to the School Committee that said member has not met the obligation imposed by this Article.

ARTICLE XXXV:   SALARIES

A. Teachers Salary Schedules

The teachers Salary Schedules for this three year Agreement are attached hereto as "Appendix A". Salaries and stipends for each school year shall become effective September 1 of the school year concerned and where increases are set forth as effective in the "second half" of a particular school year, such increases shall be effective on the 91st day of that school year. Annual Stipends for Additional Degrees Beyond Bachelor's Degree and/or Additional Credits Annual stipends for degrees and/or course credits obtained beyond a Bachelor's Degree shall be as set forth in Appendix A.

B. Extra/Co-Curricular Stipends

The extra-curricular Stipend Schedules are attached hereto as "Appendix B".

C. Coaches Salary Schedules

Coaches Salary Schedules are attached hereto as  "Appendices C(i), C(ii) and C(iii)."

ARTICLE XXXVI:   ANNUAL COMPENSATION

Section 1.

It is understood and agreed that annual increments (steps) on the salary schedule and/or salary increases are not automatic but will be granted only where there has been a continuance of high standards of teaching.

Section 2.

Professional status personnel whose increments and/or salaries are withheld will be notified by

June 15 of the preceding school year.

Section 3.

This article shall not apply to termination of a teacher's contract due to reduction in force, elimination of positions, or co-curricular and/or extra-curricular assignments listed in Appendix B and C(i), C(ii), and C(iii) of this Agreement, nor shall reprimand or discipline under this Article be applicable to the evaluations procedure.

Section 4.

The salaries of all personnel covered by this Agreement shall consist of two components: Basic Salary and Extra Duty Compensation.

a. The salary shall be in accordance with Appendix A attached hereto and made a part hereof.

b. Evidence of degree status is required of all teachers on employment or on receipt of a degree. If there has been a written notice of intent, prior to November 15, adjustments will be made during a school year upon receipt of a degree or change in status.

Section 5.

The rate of pay for part-time teachers will be prorated on the step of the salary schedule to which the teacher would be entitled if employed full-time.

ARTICLE XXXVII:   CHAPERONES

Teachers who chaperone overnight trips for school functional may elect to receive either one (1) compensatory day or one hundred dollars ($100.00) per night.

ARTICLE XXXVIII: RECERTIFICATION

In accordance with the provisions of the Education Reform Legislation of 1993, which requires that all teachers in Massachusetts be recertified or relicensed, the Committee agrees to compensate each said recertified or relicensed teacher, once in every five year cycle, the sum of $100.00 for the cost of such recertification or relicense upon receipt of a copy of the recertification or relicensed documents. The parties agree that the Committee shall not be required to reimburse a teacher for more than $100.00 in any five (5) year period.

ARTICLE XXXIX: SCHOOL DAY/YEAR

If the Committee determines that changes in the length of the school day and/or school year become necessary during the term of this agreement, the Maynard Education Association President will be so notified, and the Maynard Education Association will have the right to bargain over the impact of any such changes.

ARTICLE XL: DURATION

The Association and the School Committee agree to a 3 year contract, beginning September 1, 2010 through August 31, 2014. The language changes are attached. This agreement includes a one year 1% raise on all money items for the 2010/2011 school year. In the fall of 2010, both parties will return to the bargaining table to discuss money only for the remaining 2 years of the contract and will work collaboratively to resolve all remaining money issues.

Appendix B and C(i), C(ii), and C(iii) of this Agreement, nor shall reprimand or discipline under this Article be applicable to the evaluations procedure.

Section 4.

The salaries of all personnel covered by this Agreement shall consist of two components: Basic Salary and Extra Duty Compensation.

a. The salary shall be in accordance with Appendix A attached hereto and made a part hereof.

b. Evidence of degree status is required of all teachers on employment or on receipt of a degree. If there has been a written notice of intent, prior to November 15, adjustments will be made during a school year upon receipt of a degree or change in status.

Section 5.

The rate of pay for part-time teachers will be prorated on the step of the salary schedule to which the teacher would be entitled if employed full-time.

ARTICLE XXXVII:   CHAPERONES

Teachers who chaperone overnight trips for school functional may elect to receive either one (1) compensatory day or one hundred dollars ($100.00) per night.

ARTICLE XXXVIII: RECERTIFICATION

In accordance with the provisions of the Education Reform Legislation of 1993, which requires that all teachers in Massachusetts be recertified or relicensed, the Committee agrees to compensate each said recertified or relicensed teacher, once in every five year cycle, the sum of $100.00 for the cost of such recertification or relicense upon receipt of a copy of the recertification or relicensed documents. The parties agree that the Committee shall not be required to reimburse a teacher for more than $100.00 in any five (5) year period.

ARTICLE XXXIX: SCHOOL DAY/YEAR

If the Committee determines that changes in the length of the school day and/or school year become necessary during the term of this agreement, the Maynard Education Association President will be so notified, and the Maynard Education Association will have the right to bargain over the impact of any such changes.

ARTICLE XL: DURATION

The Association and the School Committee agree to a 3 year contract, beginning September 1, 2011 through August 31, 2014. This agreement includes a one year 1% raise on all money items for the 2010/2011 school year. In the fall of 2010, both parties will return to the bargaining table to discuss money only for the remaining 2 years of the contract and will work collaboratively to resolve all remaining money issues.

Maynard School Committee                                           Maynard Education Association

________________________________                          _____________________________________

Chairperson                                                   President

MAYNARD

PUBLIC SCHOOLS

12 Bancroft Street, Maynard, MA 01754

www.maynardschools.org

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding confirms the agreement between the Maynard School Committee and the Maynard Education Association stating that even though the MEA Contract has split increases for the years 2011/2012, 2012/2013, and 2013/2014, the sides agreed that the salary will be paid in twenty-six (26) equal installments for the years listed above.

________________________________                          _____________________________________

Robert J. Gerardi, Jr., Ph D.                                                Date

Superintendent of Schools

________________________________                          _____________________________________

Michael Stevens                                                                  Date

President, MEA

________________________________                          _____________________________________

Amy Rebecca Gay                                                                 Date

School Committee Chair