Ayer Shirley

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DistrictAyer Shirley
Shared Contract District
Org Code190000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyMiddlesex
ESE RegionNortheast
Urban
Kind of Communityurbanized centers
Number of Schools3
Enrollment1197
Percent Low Income Students27
Grade StartPK or K
Grade End12
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COLLECTIVE BARGAINING

AGREEMENT BETWEEN THE

AYER SHIRLEY REGIONAL SCHOOL COMMITTEE

AND THE

AYER SHIRLEY REGIONAL EDUCATION ASSOCIATION

2011-2013

AGREEMENT

This AGREEMENT is made and entered into by and between the Ayer Shirley Regional School Committee (hereinafter referred to as the “Committee”) and the Ayer Shirley Regional Education Association (hereinafter referred to as the" Association").

PREAMBLE

In entering into this collective bargaining agreement it has been the intention of the parties to establish harmonious relations, to promote mutual cooperation and understanding, to formulate rules, to define and resolve the proper interest of the teachers in their rights of compensation and conditions under which they perform their duties, all with a goal to improving educational opportunities for the students enrolled in the Ayer Shirley Regional School District (hereinafter “the District”).

The parties acknowledge that the District has complete authority, except as modified by this Agreement, over the policies and administration of the schools which it exercises under law and that this vehicle of collective bargaining will continue to provide the teachers with an opportunity to bring their knowledge and experience to bear on matters of professional concern together with that of the District with a goal of assisting in solving the growing problems inherent in the advancement of education.

ARTICLE I RECOGNITION

Section 1

For purposes of collective bargaining on matters pertaining to wages, hours, and conditions of employment, the School Committee recognizes the Ayer Shirley Regional Education Association as the exclusive bargaining agent and representative of all full-time and part-time teachers, guidance counselors, occupational therapists, speech therapists, nurses, and librarians who are employed by the Ayer Shirley Regional School District, but excluding the following: all administrators, supervisors, department heads, by whatever title they are known and regardless of whether they may also teach; all per diem substitute teachers and nurses; school psychologists; therapists who provide contracted services; tutors; and all other employees of the Ayer Shirley Regional School District.   The only terms of the eventual collective bargaining agreement that will apply to coaches and advisors of extracurricular activities will be the wage scales that appear in appendices to the agreement.   Nurses, except for substitute nurses, will be included in the bargaining unit, but will only be covered by those portions of the eventual collective bargaining agreement that the School Committee agrees will be applied to nurses.

Unless otherwise indicated, the employees of the above unit will be referred to as "teachers" and reference to teachers will include both male and female.

Section 2

The Committee agrees not to negotiate with any teachers' organization, teacher, or group of teachers, other than that designated as the exclusive bargaining agent pursuant to Chapter 150E with regard to wages, hours, and conditions of employment of teachers covered by this Agreement.

Section 3

The District and Association agree that no religious or political activities (or lack thereof) by a teacher outside of school property will be grounds for any discipline or discrimination with respect to the professional employment of such teacher.

Section 4

This Agreement is a complete agreement between the parties for the term hereof covering all mandatory subjects of bargaining. All matters not dealt with herein shall be treated as having been brought up and disposed of, and the Committee shall be under no obligation to negotiate with the Association any modifications or additions to this Agreement which are to be effective during the term thereof.

In the event any changes are mutually agreed to between the Committee and the Association, on a voluntary basis, they will be reduced to writing, signed by the Committee and the Association representative, and become an addendum to this Agreement.

ARTICLE II RIGHTS OF ASSOCIATION - DEDUCTIONS

Section 1

There shall be no discrimination, interference, restraint, or coercion by the District, the Association, or their respective agents against any teacher because of membership or non-membership in the Association.

The services of the Association in the capacity of bargaining agent will be available to all professional employees in the Unit covered by this Agreement who are eligible for membership. Although membership in the Association is encouraged, no professional employee shall be required to join the Association to obtain such services.

Section 2

The District agrees that, in accordance with the provision of Chapter 180, Section 17C of the General Laws of Massachusetts, it will request the District Treasurer to deduct membership dues from the salaries of its teachers who have voluntarily submitted a written authorization in the form currently in use in the School District.

Dues will be deducted in eighteen (18) equal payments beginning with the first check in October.

The amount so deducted will be remitted in accordance with such authorization to the Association for disbursement to the respective organizations, provided that the District shall be under no obligation to make such deductions after the receipt of a revocation from the individual teacher, in accordance with the terms thereof.

The District will incur no liability for loss of dues moneys after properly depositing the same addressed to the Association in the United States mail.

Section 3

The Association will certify to the District in writing its rate of membership dues for the year prior to September 15.

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

Section 4

The District also agrees to authorize payroll deductions for savings bonds.

Section 5

In accordance with the provisions of G.L. chapter 71, section 37B, the District Treasurer will make payroll deductions for those teachers who so authorize the deduction from their paycheck and the payments of the deducted amounts into an appropriate tax sheltered investment authorized under section 403(b) of the Internal Revenue Code.

Section 6

Discussions among teachers concerning Association matters on School Department property will take place only while all of the teachers involved in such discussions are on lunch break or other non-teaching time, and not in the presence of students.

ARTICLE III RIGHTS OF DISTRICT AND COMMITTEE

Section 1

The District is a public body established under, and with the power provided by, the statutes of the Commonwealth of Massachusetts.   As the elected representatives of the citizens of Ayer and Shirley charged with responsibility for the quality of education in and the efficient and economical operation of the District’s schools, it is acknowledged that the Committee has the final responsibility for establishing the education policies of the District.

Section 2

Nothing in this Agreement shall be deemed to derogate from or impair the powers and responsibilities of the Committee and the District under the statutes of the Commonwealth or the rules and regulations of any agencies of the Commonwealth. Except as expressly modified herein, said rights and powers include, but in no way are construed as limited to, the subjects mentioned in the Table of Contents of this Agreement.

Section 3

As to every matter not expressly covered by this Agreement, and except as directly modified by a specific provision of this Agreement, the Committee and the District retains exclusively to itself all rights and powers and responsibilities that it has or may hereafter be granted by law, and may exercise the same at its discretion without such exercise being made the subject of a grievance arbitration proceeding.   Nothing that occurred prior to July 1, 2011, will be regarded as a past practice that will bind the Committee or the District.

ARTICLE IV GRIEVANCES

Section 1

For the purposes of this Agreement, a grievance shall be defined as an alleged violation of a specific provision of this Agreement.

Section 2

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

Section 3

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

Section 4

Nothing herein contained shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the Administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above Level 1 and to state its views. If the teacher so chooses, a representative of the Association may be present at Level 1.

Section 5

Any party in interest (i.e., the person or persons, including the Association, making the claim and any person who might be required to take action or against whom action might be taken to resolve the claim) may be represented at all stages of the grievance procedure by a person of the teacher's own choosing, except that the teacher may not be represented by a representative or an officer of any teacher organization other than the Association or its affiliates. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure except at Level 1.

Section 6

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 be extended only by prior mutual agreement. It is understood and agreed that any matter in the process of being grieved at the time this Agreement is signed shall continue to be processed and settled in conformity with the procedures and terms of the previous Agreement.

Section 7

If, at the end of ten (10) school days following the occurrence of any grievance, the grievance shall not have been presented in writing at Level One set forth below, 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 taken place within the time specified therefore in this Article.

Section 8

The Association, through its officers, may initiate action on behalf of a group of grievants.

Section 9

No reprisals of any kind will be taken by the Superintendent or by any member of the administration against any party of interest, any school representative, or any other participants in a grievance by reason of such participation.

Section 10

Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits, and conditions set forth below.

Level 1                    The teacher shall present the grievance in writing during the teacher's non-teaching hours to the teacher's school principal. The grievance shall explicitly cite the section(s) of the Agreement alleged to have been violated as well as a description of how the section allegedly was violated.   The principal shall give an answer in writing within five (5) school days. If the grievance is not satisfactorily settled at this step, it may

Level 2                    Be appealed in writing by the teacher within five (5) school days after receipt of the principal's answer and be presented to the Superintendent of Schools. The Superintendent and/or the Superintendent's designee and the teacher, and if the teacher so elects, the president of the Association and/or the president's designee, shall meet to discuss the grievance within five (5) school days after receipt of the written grievance. The Superintendent shall elect whether this discussion shall take place during working hours or not. In the event the Superintendent (or the Committee) elects to hold a grievance session during working hours, the grievance or parties in interest (including witnesses or representatives) will not have any pay deducted for time spent during school hours. The Superintendent or the Superintendent's designated representative shall give a written answer to the grievance within five (5) school days following the conclusion of the meeting. If the grievance is not satisfactorily settled at this step, it may

Level 3                   Be appealed in writing within five (5) school days after receipt of the written answer of the Superintendent by the teacher to the Committee. The Committee or its designated representatives and the teacher, and if the teacher so elects, representatives of the Grievance Committee shall meet to discuss the grievance as promptly as possible, normally within fifteen (15) school days, at a time mutually agreed upon between the chairperson of the Committee and the president of the Association. If any person or persons are to represent the teacher at this meeting, the Committee and the Association will be notified within twenty-four (24) hours before the meeting of the names and titles of such persons. The Committee or its designated representatives shall elect whether this discussion shall take place during working hours. If the Committee plans to have counsel or a representative present, it will so notify the Chairperson of the Grievance Committee within twenty-four (24) hours of the hearing. The Committee will give its written answer to the grievance within five (5) school days following the conclusion of the meeting, or within five (5) school days of the next Committee meeting that follows the grievance meeting.   If no satisfactory settlement of the grievance is made, it may

Level 4                   Be appealed to arbitration by written notice of such intention to appeal within seven (7) school days after the receipt of the written answer under Level 3. No matter will be referred to arbitration without the approval of the Association. This appeal to arbitration shall be in accordance with the procedure and conditions set forth in Article V (Arbitration).

Section 11

A grievance not initiated within the time specified shall be deemed waived. Failure of the Association to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal.

Failure of the principal, the Superintendent, or the Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual agreement of the parties.

During the summer months, the term “school days” shall be interpreted to mean business days.

A grievance that pertains to the discipline, dismissal, assignment or evaluation of a teacher cannot be processed to the School Committee at Level 3.   If the Association desires to appeal the Superintendent’s decision on a grievance pertaining to such matters, the Association’s recourse is to file for arbitration under Article V.

Section 12

The District will, upon request, provide the Association with the approved minutes of Committee meetings together with any public documents (other than those utilized in Executive Session), which may be necessary for the Association to process grievances under this Agreement.

ARTICLE V ARBITRATION

Section 1

In the event that the Association elects to appeal a grievance to arbitration as provided in Article IV, Section 8, Level 4 during the term of this Agreement, the matter shall be submitted to the American Arbitration Association for disposition in accordance with the applicable rules of the said American Arbitration Association, or to some other mutually acceptable arbitration board.

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 shall be shared equally by the parties, provided that the obligation of the District to pay shall be limited to the obligation which the District can legally undertake in that connection.

In no event shall any present or future member of the District have any personal obligation for any payment under any provision of this Agreement.

Section 3

The Arbitrator shall hold hearings promptly at a time mutually agreeable to the parties, unless the time shall be extended by mutual agreement, shall issue an award not later than thirty (30) days from the date of the closing of the hearings or, if oral hearings have been waived and briefs submitted, from the date of submission to the Arbitrator of the final statement and briefs. The Arbitrator's award shall be in writing and shall set forth the findings of fact, reasoning and conclusions. The Arbitrator shall be without power to make any award, which requires the Commission of an act prohibited by law or which is inconsistent with any provisions of this Agreement.

Section 4

The Arbitrator shall arrive at a decision solely upon the facts, evidence and contentions as presented to the parties through the arbitration proceedings. The Arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement and in reaching a decision shall interpret this Agreement in accordance with the commonly accepted meaning of the words herein and the principle that there are no restrictions intended upon the rights and authority of the District other than those expressly set forth herein. Subject to the foregoing, the decision of the Arbitrator shall be final and binding upon the parties.

Section 5

Notwithstanding anything to the contrary, no dispute or controversy shall be the subject for arbitration unless it involves the interpretation or application of a specific provision of this Agreement.

Section 6

In the event that the Arbitrator chosen by the parties pursuant to Section 1 is unable or declines to serve, and if the District and the Association cannot agree upon one of the other named Arbitrators, then the Arbitrator shall be selected under the voluntary arbitration rules of the American Arbitration Association and shall be governed by the procedures set forth above.

ARTICLE VI NON-TEACHING DUTIES

Section 1

The District and the Association acknowledge that a teacher's primary responsibility is to teach and the teacher's energy should, to the extent possible, be utilized to this end.   The Administration shall strive to organize the school day to maximize academic learning time for students while providing a safe and orderly environment for students and staff.

Section 2

A.            Pupils may be dismissed early on a number of days to be determined by the

Administration. Teachers will remain on duty until the end of their normal workday on such days. Release time hereby provided will be utilized for parent-teacher conferences or for other professional purposes.

B.            Teacher time:

(1)           All full time teachers will be on site for seven continuous hours of work each day that school is in session. The starting and ending times will be subject to meeting student learning needs which will be in compliance with state requirements.

The Committee, through its agents, agrees to provide a duty free lunch period, as well as an amount of preparation time as follows.   At the high school, the preparation time will average no less than sixty (60) minutes per day (so long as the current block schedule remains in place); at the elementary and middle schools (and at the high school if the current block schedule were altered), the average preparation time per day will be equal to each school’s regular period of instruction, but no less than an average of forty-five (45) minutes per day.   Preparation time should be used for instructional planning (individual or team), to plan and prepare class activities, correct student work, meet with parents/guardians, assist students, and attend meetings addressing the needs of the students or academic programs.

This Section shall not relieve a teacher of the obligations imposed by Section B (3) herein.

(2)                 Teachers, other than new teachers, will not be required to report for duty prior to the time specified in Article XXIX, Section 1.   Teachers in their first year in the District will be required to attend the New Teacher Orientation in August.

(3)                 All teachers will perform thirty minutes of duties per week. Assigned duties may be divided into multiple shorter increments at the discretion of the Administration.   Such duties shall include lunch duty, homeroom duty, recess, hall duty, breakfast duty, bus duty, tours, and such other special duties as necessary.

It is the intent of this Agreement that a teacher who is required to attend an IEP meeting during his/her preparation period will not be required to perform a duty that same day.   The teacher should first attempt to switch duties with another teacher.   If the teacher is unable to switch the duty after making reasonable effort to do so, then he/she should notify the principal, who will reassign the duty or provide alternative coverage.

Because of the block schedule at the high school and the constraints that it causes, high school teachers shall perform one additional assigned duty each week as determined by the Administration.   If a teacher is required to provide coverage for another teacher’s class, that teacher will be excused from a regularly scheduled duty in that same week.

C.            All non-teaching duties will be distributed on an equitable basis within each school. Section 3

Teachers will not be required to maintain the attendance register.

ARTICLE VII STRIKES, WORK STOPPAGES, ETC.

Section 1

In consideration of the terms of this Agreement and the legislation which engendered it, the Association and its members, individually and collectively, agree for the term hereof, that they shall not cause, condone, sponsor, sanction, assist or participate in any strike, work stoppage, concerted absence or refusal to perform assigned duties, demonstration of any kind or other illegal activities directed against the District.

Section 2

If the Association disclaims such activities publicly, and in writing to the Superintendent, and advises the individuals concerned that the activity is illegal and in violation of this Agreement and instructs them to cease such activities, it will not be liable in any way therefore.

Section 3

Teachers who participate in any such activities may be disciplined or discharged as the Superintendent in his/her judgment deems proper and said discipline shall be final and binding on the parties affected thereby and not subject to arbitration, provided that an issue of facts as to whether an individual engaged in such activities may be made the subject of the grievance or arbitration procedure.

Section 4

In connection with any negotiations for a successor agreement held pursuant to Article XXXIV, said negotiation shall be conducted without the threat of sanctions or strikes or other public pressure by either party and any outstanding differences shall be referred to mediation, fact finding or other statutory impasse procedures provided by law.

ARTICLE VIII REDUCTION IN FORCE

A.            Pursuant to G.L.c.71, Section 42, in the event a decrease in the number of pupils, or financial and budgetary considerations in the schools, or a reorganization of educational programs, renders advisable the dismissal of one or more teachers, a teacher with Professional Teacher Status under G.L.c.71 Section 41, shall not be dismissed if there is a teacher who does not have Professional Teacher Status whose position the teacher with Professional Teacher Status is qualified to fill.

B.            (1) If a group of teachers within a department or classification has identical length of service, then lots will be drawn among said teachers to determine seniority. Placement of additional person(s) into an already existing, identical seniority grouping, due to transfers from one department or classification to another, will be made by having the additional person(s) added to the bottom of the already existing seniority grouping.

(2)    For teachers who were employed in the Shirley Public Schools or the Ayer Public Schools and who were immediately thereafter employed in the Ayer Shirley Regional School District, seniority will be defined as the number of years, months and days of continuous service in the Shirley, Ayer, and Regional School systems combined.   For all other teachers, seniority will be defined as the number of years, months, and days of continuous service in the Ayer Shirley Regional School District.   Paid leaves of absence will be credited for purposes of seniority.   Unpaid leaves of absence will not be credited for purposes of seniority but will not break the     continuity of service.   If a member of the bargaining unit leaves the unit to serve in a non-bargaining unit position within the District, time in the non-bargaining unit position will not be credited for purposes of seniority but will not break the continuity of service.   If said individual returns to the bargaining unit, s/he will retain only that seniority credit that s/he had when s/he left the bargaining unit.   Part-time service and/or partial year service will be prorated for seniority purposes.

(3)    On October 15 of each school year, the Superintendent shall forward to the Association a current seniority list. Should the Association choose to challenge the accuracy of any seniority list submitted under this Agreement, written notice detailing the challenge shall be sent to the Superintendent within twenty (20) school days of receipt of the seniority list. Within ten (10) school days of receipt of the challenge, the Association's representative shall meet with the Superintendent to resolve the challenge. If the parties are unable to resolve the challenge, the matter shall be immediately submitted to arbitration in accordance with Article V of the Agreement. Challenges to the makeup of the subsequent seniority lists may be made only to the extent of the change, if any, from the preceding seniority list.   The rest of this Article below will apply only to teachers with Professional Teacher Status.

(4)    Teachers with Professional Teacher Status shall appear on the seniority list in only one department and/or classification. If a teacher teaches in more than one department and/or classification, the teacher will be placed on the seniority list in the department and/or classification in which the majority of teaching time is spent.

(5)    If a reduction in teaching staff results in the layoff of a teacher with Professional Teacher Status, the order of layoff shall be on a departmental or classification basis. The teacher currently in that department or classification with the least seniority shall be the first to be laid off, provided that the performance (as reflected in evaluations), training, and subject area teaching experience of the senior teacher is at least equal to the teacher to be laid off.   A displaced teacher with Professional Teacher Status shall have the right to replace any teacher with Professional Teacher Status with less system wide seniority holding a position for which the senior teacher with Professional Teacher Status is certified, provided that performance, training, and subject area teaching experience of the senior teacher with Professional Teacher Status are at least equal to that of the junior teacher with Professional Teacher Status in the position.

(6)    Teachers who are reduced from full to part-time status will be paid on a pro-rata basis.

(7) Each department or classification listed below shall constitute a separate unit for purposes of layoff:

Art                                                          Guidance                                       Physical Education/Health

Computer Technology                       Librarian                                       Science

Elementary (PreK-6)                           Mathematics                                Social Studies

English                                                   Music                                             Special Education

ELL                                                        Nurses                                            World Language

Occupational Therapists

Speech Therapists

C.            Teachers with Professional Teacher Status who have been laid off shall be entitled to recall rights to positions which they had previously performed in the District for a period of one (1) year from the September 1 following the effective date of their respective layoffs, or fourteen (14) months after the effective date of the layoff.   During the recall period, employees shall be notified by certified mail to their last address of record, and given the aforesaid positions over the other applicants for vacancies as they occur in the inverse order of their respective layoff and all benefits to which an employee was entitled at the time of the layoff shall be restored in full upon reemployment within the recall period.   A recalled teacher shall have seven (7) days after receipt of the recall notice to accept the position.   If the teacher either rejects the recall offer or fails to respond to the recall notice, the teacher’s name shall be removed from the recall list and the position shall be offered to the next person, if any, on the recall list.   During the recall period teachers who have been laid off shall be given preference on the substitute list at the rate of pay applicable thereto if they so desire.

ARTICLE IX TEACHING ASSIGNMENTS AND TRANSFERS

Section 1 - General

A.            Each teacher within the District will be provided with a copy of this Agreement and will receive an annual statement setting forth compensation due in accordance with the schedule included in the Collective Bargaining Agreement.

B.            Teachers (other than newly appointed teachers) will be notified of any change of programs from the prior school year, including the schools to which they will be assigned, the grades and/or subjects that they will teach, and any special or unusual classes that they will have, as soon as practicable and under normal circumstances not later than August 1.

C.            In order to insure that pupils are taught by teachers working in their areas of competence, teachers will not be assigned, except temporarily or for good cause, outside the scope of their teaching licenses.

D.            Unless the needs of the system call for changes, changes in grade assignment in the elementary schools, grade/subject assignments in the middle school and subject assignment in the high school, will be voluntary.

E.            Teacher assignments will be made without regard to age, race, creed, color, religion, nationality, sex, sexual orientation, or marital status.

Section 2 - Involuntary Transfers

A.            An involuntary transfer from one school to another will be made only after a meeting between the teacher involved and the Superintendent (or his/her designee) at which time the teacher will be notified of the reasons for the transfer. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the Superintendent (or his/her designee) will meet the Association's representative to discuss the transfer.

Section 3 - Voluntary Transfers

A.            Teachers who desire a change in grade and/or subject assignment or who desire to transfer to another building shall file a written statement of such desire with the Superintendent not later than March 1. Such statement shall include the grade and/or subject to which the teacher desires to be assigned or the school to which the teacher wishes to be transferred. As soon as practicable, and normally not later than August 1, the Superintendent shall notify said teachers of the disposition of their request.

ARTICLE X SHARED TEACHING POSITIONS

Section 1

Two (2) teachers may volunteer to be employed to fill a single position on a shared basis. Interested teachers will submit a proposal by March 15 of the prior school year. The proposed plan will be subject to the approval of the principal and the Superintendent. Seeking a shared teaching position will not jeopardize one's teaching position. Teachers are to be notified regarding the status of their proposal by April 15.

Section 2

Shared teaching positions will be in effect for one (1) year only. Shared employment may be renewed on a year-to-year basis if it is satisfactory to the teachers, principal and Superintendent. Otherwise, teachers will be returned to former full-time status.

Section 3

Teachers with Professional Teacher Status who enter a shared teaching position shall retain their professional status.

Section 4

Teachers in shared positions will be credited with prorated service on the seniority list and will be subject to reduction in force with all the teachers, according to Article VIII.

Section 5

Each teacher will receive half of the salary due him/her as listed in the salary schedule.

Section 6

The individuals combined shall be eligible for leave benefits (for example, sick leave, personal leave, etc.,) on a pro rata basis.

Section 7

None of the provisions of this Article shall be subject to the grievance and arbitration provisions of the Agreement.

ARTICLE XI PROMOTIONS – VACANCIES

Section 1

For purposes of this Article, a "promotional position" is defined as an administrative or leadership position over and above that of a classroom teacher.

All vacant promotional positions shall be publicized by a notice posted during the school year in every school building for ten (10) school days in advance of filling such vacancy, although the position may, in the meantime, be temporarily filled. Staff shall be notified of available promotional positions by e-mail.   Such notice shall clearly set forth the specific qualifications and compensation for the position and the date by which applications shall be filed with the Superintendent.

During the months of July and August, copies of such notice will be sent to the president of the Association or the president's designee. The posting will also be prominent on the District website.   Staff will also be notified of available positions by email.

The filling of such promotional positions is, by law, the sole responsibility of the Superintendent or, where appropriate, the Principal.

Notification of all promotional positions vacant on May 1 for a subsequent school year shall be publicized on that date in the manner prescribed by Paragraph 2 of this Section. All positions that become available between May 1 and the end of the school year shall be posted as they become available.

Section 2

The filling of such promotional positions shall be based upon the Superintendent's and, where appropriate, the principal's judgment as to what will serve the best interests of the students.

Section 3

All teaching openings in the summer school or evening programs run by the School District will be adequately publicized in each school building.

Section 4

Teaching positions in the summer school or evening programs run by the School District will, to the extent possible, be filled first by regularly appointed teachers in the District (including new teachers who have been hired for the next school year) where, in the opinion of the Superintendent, those teachers possess qualifications equal to those of candidates outside the School System.

ARTICLE XII

TEACHER EVALUATION

(This article will need to be discussed in light of the new regulations)

Section 1

While the total evaluation of a teacher is not limited to observation in the classroom, all classroom observations by any means for purposes of evaluation of professional performance will be conducted openly and with full knowledge of the individual.

The evaluation of teaching is the primary responsibility of the principal. Evaluations may be conducted by the principal, assistant principal, or other administrators/designees authorized by the principal.   Each teacher shall be evaluated by the principal or assistant principal of the building in which the teacher is assigned for attendance purposes or by other authorized evaluators.

Section 2

The principal or other authorized evaluator shall distribute copies of the evaluation forms no later than September 30 each year, and shall discuss the evaluative criteria with the teacher(s) to be evaluated, either individually or in groups, sometime prior to the evaluation.

Section 3

Before the formal evaluation of an individual's teaching takes place, informal observations and conferences will be held with the teacher involved. The number of informal observations should be sufficient to give the observer a reasonable idea of what the observer can expect during the formal evaluation. Such informal observations and conferences will be used to aid an individual's development of the teacher's own goals, and to offer constructive advice as to how improvement in the individual's performance may be effected. A reasonable amount of time will be provided to the teacher to effectuate the suggestions for improvement. Prior announcement of an informal observation is left to the discretion of the evaluator.

A written summary will be completed after each informal observation visit and a copy given to the teacher.   A conference will be held with the teacher after each informal observation during contractual time within five (5) school days after the observation.   The teacher will have opportunity to comment on the summary orally and in writing.   The teacher will be given a personal copy of the summary at this meeting.   If the teacher wishes, the teacher may withhold written comments for further consideration for a period of not more than five (5) school days. The evaluator will retain the summary during this time.   The evaluator and the teacher shall sign the summary, within five (5) school days to indicate that s/he is familiar with its contents.   Any teacher’s written responses will be attached to the informal observation summary.

Section 4

Based from data collected during informal observations, the evaluator determines when to conduct the formal evaluation, which is a written report.   The formal evaluation report does not involve an additional observation but rather is based upon information previously shared with the teacher in writing and conferences. The formal evaluation report describes observed behavior relative to the Massachusetts Professional Standards and rates each standard as “Satisfactory” or “Needs Improvement”.

The formal evaluation conference will be held during contractual time within five (5) school days after the teacher receives the formal evaluation report.   The purpose of this conference shall be to discuss with the teacher his/her professional development.   During the conference the evaluator will discuss what had been observed during the observation visits.   For any aspect of performance that is rated “Needs Improvement”, an improvement plan will be developed, specifying what is needed to meet the performance standards.   In accordance with Massachusetts Department of Education Regulation 15.06, the administrator will assist the teacher to improve his/her performance.   If the teacher receives one or more “Needs Improvement” ratings, s/he will repeat the Formal Evaluation process for the next school year.

The teacher will have opportunity to comment on the formal report orally and in writing.   The teacher will be given a personal copy of the report at this meeting.   If the teacher wishes, the teacher may withhold written comments for further consideration for a period of not more than five (5) school days. The evaluator will retain the report during this time. The evaluator and the teacher shall sign the report within five (5) school days to indicate that s/he is familiar with its contents. Any teacher's written responses will be attached to the formal evaluation report.

Section 5

A.            Professional Teacher Status

When a teacher with Professional Teacher Status receives an overall rating of “Needs Improvement” in a given category and agrees with the rating, then a plan for improvement is required.   If the teacher does not agree with the rating, s/he has the option of exercising his/her contractual rights concerning evaluations.   This decision must be made within ten (10) working days after the formal evaluation conference.

The written plan for improvement must address the specific category which has been rated as “Needs Improvement” and will be developed by both the evaluator and the teacher.   This plan must be completed within ten (10) working days of the acceptance of the need for the plan for improvement.

In the event that the teacher and the evaluator cannot agree on a plan for improvement, the teacher or the evaluator may request a meeting with a committee of disinterested parties composed of the following.

1       A District teacher chosen by the teacher.

2       A District administrator chosen by the administrator.

3       A third party chosen by the two disinterested parties.

A meeting will be held within ten (10) working days of the request for a meeting.   The role of the committee is limited to helping the teacher and evaluator resolve their dispute concerning the plan.   The committee must render a decision within five (5) working days of the meeting.   The decision of the committee shall be final.

It is understood that the time allowed for a teacher to show improvement is not less than one calendar year after the plan has been agreed to by both parties.   Each plan shall include a minimum of two formal evaluations during the improvement year.   The time for these evaluations shall be jointly established and agreed upon by both parties and shall take place on or before the following:

1       First evaluation                     January 31

2       Second evaluation                April 30

A teacher placed on an improvement plan who receives a “satisfactory” rating will then be placed within the evaluation cycle for the next school year.

B.            Non-Professional Teacher Status

When a teacher without Professional Teacher Status receives an overall rating of “Needs Improvement” in a given category and agrees with the rating, then a plan for improvement is required.   If the teacher does not agree with the rating, s/he has the option of exercising his/her contractual rights concerning evaluations.   This decision must be made within ten (10) working days after the formal evaluation conference.

The written plan for improvement must address the specific category which has been rated as “Needs Improvement” and will be developed by both the evaluator and the teacher.   This plan must be completed within ten (10) working days of the acceptance of the need for the plan for improvement.   In the event that the teacher and the evaluator do not agree on the plan for improvement, the evaluator’s judgment will take precedent.

Ongoing informal and formal evaluations will occur during plan implementation.   The evaluator will determine by June 15 if the teacher will be hired for the following year.

Section 6

A.            Non-Professional Teacher Status (every year)

1.                   In accordance with Section 1, each teacher shall be evaluated by the principal or other authorized evaluator.

2.                   The evaluator shall complete a minimum of two formal evaluations for each Non-Professional Status teacher as follows:

Interim evaluation              November 30

Final evaluation                   April 30

B.            Professional Teacher Status

In a four-year cycle, the first year shall be designated as the Formal Evaluation Year, the second and fourth years as Professional Growth Years, and the third year as Focused Evaluation Year.

1.             Year One:   The Formal Evaluation Year

Prior to April 30 of the Formal Evaluation Year, each teacher shall be evaluated by the principal or other authorized evaluator in accordance with Sections 3 and 4.

2.             Year Two:   Professional Growth Year

Teachers in Year Two will develop and carry out a plan to promote their professional growth. Results from Year One comprehensive evaluation may be used by teachers as data in planning and decision-making.   Collegial work will be strongly encouraged.   Several teachers may collaborate on a common professional growth plan.

The activity selected by the teacher(s) may include the following:

1         Peer coaching (three to five observation cycles) with a chosen colleague on a professional issue of interest.

2         Implementation of a district curriculum initiative in the classroom.

3         Participation in a course leading to impact on classroom practice.

4         Participation in school-or district-wide curriculum improvement activities.

5         Development of curriculum materials.

6         Course design.

7         Implementation of curriculum improvement resulting from summer professional development.

8         Action research.

The teacher(s) will provide the administrator with the professional growth plan by the end of the first semester.   The plan will include:   the goal/purpose of the activity, what the activity will include, and what resources will be needed and how they would be obtained.

Resources might include the following: release time/substitutes, consultants, professional development, instructional materials, in-service credit, or grant funds.

The teacher(s) and supervisor will meet to address any issues, particularly how resources could be provided.   Resources could be provided by way of school improvement plan professional development budgets, school budgets, or from budgeted funds from the Professional Development Committee.   If resource needs cannot be met, the teacher(s) will modify the plan as needed.

At the end of Year Two, the teacher(s) will prepare a status report including the following:   a summary of what has been accomplished, a statement of what will happen next (e.g., the activity is completed, the activity will continue, the activity will take a different direction in the future), and optional comments and/or reflections from the teacher.

3.             Year Three:   Focused Evaluation Year

The administrator shall meet with the teacher in a planning conference.   Through discussion, they will identify a minimum of two of the Massachusetts Professional Standards as the focus of the evaluation process.   All teachers will be evaluated on Delivers Effective Instruction.   At least one other standard will be mutually agreed upon as an evaluation focus:   Plans Curriculum and Instruction, Manages Classroom Climate and Operation, Promotes Equity, or Meets Professional Responsibilities.

Informal observations and conferences will be held as described in Article XIII, Sections 3 and 4.   In the evaluation report, the teacher will be given a rating of “Satisfactory” or “Needs Improvement” for each of the five standards.   Written comments will be required only on the standards identified in the planning conference.

If any standard is rated “Needs Improvement”, an Improvement Plan will be developed as described in Section 4.   The following year will revert to the Formal Evaluation Year.

4.             Year Four:   Professional Growth Year

Year Two procedures will be repeated.

C.            Nothing contained herein shall in any way limit the number of observations and all professionals may be evaluated at any time by the Superintendent, assistant superintendent, principal, assistant principal, or Director of Special Education and Student Services.

D.            Any teacher may request an additional formal evaluation by a different evaluator to be selected by mutual agreement.

Section 7

Massachusetts Professional Standards (See Appendix A)

Informal/Formal Evaluation Instruments

Section 8

Teachers have the right upon request, to review the contents of their personnel file. Excluded from this would be any confidential documents received prior to, or in the course of, initial employment. No material derogatory to a teacher's conduct or service will be placed in the teacher's personnel file unless the teacher has had an opportunity to review that material. The teacher will acknowledge that the teacher has had the opportunity to review such material by affixing the teacher's signature to the copy to be filed with the expressed understanding that such signature in no way indicated agreement with the contents thereof. The teacher will have the right to submit a written answer to such material and the answer shall be reviewed by the Superintendent and attached to the file copy. Any complaint, which a principal regards as having substance concerning a teacher by a parent, student or other person, will be promptly called to the attention of the teacher.

Section 9

Any provision of this Agreement notwithstanding, the Association recognizes the authority and responsibility of the principal, the assistant principals, and the intermediate supervisors for maintaining the highest possible level of professional performance by teachers including therein the authority and responsibility for disciplining or reprimanding teachers for delinquency in professional performance. Said disciplining or reprimanding shall be done in private. If a teacher is to be disciplined or reprimanded by a member of the Administration above the level of these persons, however, the teacher will be entitled to have a representative of the Association present.

Section 10

The contents of evaluation reports are not subject to the grievance and arbitration procedures of this Agreement except that any contention that an "unsatisfactory" evaluation is arbitrary or without foundation may be raised throughout the grievance procedure.   The grievance rights of teachers without Professional Teacher Status under this section shall cease at the level of the Superintendent and shall not be advanced to a higher level.

ARTICLE XIII USE OF SCHOOL FACILITIES

Section 1

Priority for the use of school facilities will be given to school functions.

Section 2

The general policy of the Committee is to permit the use of school buildings for educational, recreational, and civic purposes insofar as is practical to do so without interference to regular school activities. Nothing in this Agreement shall be construed as denying the broadest use of these public facilities to the citizens of the community.

Section 3

Subject to the foregoing, the Association will have the privilege of using school buildings without cost at reasonable times for meetings or elections, unless the use of buildings requires additional labor expenses (custodial overtime coverage, etc.). Request in advance, of the time and place of all such meetings will be made to the principal of the building in question.

The Association may request the use of a secondary school athletic facility and equipment without cost one evening each week. The regular procedure or application for use of school buildings must be followed. In the event that additional custodial services are required, the Association shall bear the cost thereof.

Section 4

Association notices may be posted on existing bulletin boards or places where notices are normally posted either in the faculty lounges or faculty lunchroom and e-mailed to staff if such notice is signed by an authorized representative of the Association.

Section 5

The Association may prepare, at no cost to the   District, communications relating to the conduct of the business of the Association and may distribute these through the teachers' mailboxes and e-mail accounts to persons covered by this Agreement.

ARTICLE XIV TEACHERS’ SAFETY AND LEGAL ASSISTANCE

Section 1

The School Committee will strive to provide students and teachers with safe and healthful schools.   This would include periodic professional development on issues of student and classroom safety, teacher liability and legal rights to maintain a classroom environment where all students have the right and responsibility to learn.

Section 2

Teachers will immediately report all cases of assault suffered by them in connection with their employment to the building principal in writing. The building principal will provide a copy to the Superintendent.

Section 3

The Superintendent will comply with any reasonable request from the teacher for non-privileged information in the Superintendent's possession relating to the incident or the persons involved, and will act in appropriate ways as liaison between the teachers, the police and the courts.

ARTICLE XV SICK LEAVE

Section 1

Teachers will be credited with fifteen (15) days of sick leave per year as of the first official day of school.

Section 2

Unused sick leave will accumulate from year to year up to a maximum of 190 days at the beginning of any school year. Extensions, with or without pay, beyond stated sick leave may be given in exceptional circumstances at the discretion of the Superintendent upon the recommendation, where appropriate, of the principal. In cases of extensions without pay, a deduction of 1/184 of the contract salary will be made from the pay of individual teachers. Teachers who were employed in the Shirley Public Schools prior to the creation of the District and who had accumulated more than 190 sick days as of June 30, 2011, will be able to retain those days.   This accumulation will diminish as sick days are used by those teachers, and new days will not be added to the accumulation of these teachers unless the accumulation drops below 190, after which point in time the terms and conditions that apply to other teachers will apply to these teachers as well.   In any event no more than 190 accumulated days will be eligible for the retirement sick leave buyback under Article XXX, Section 15.

Section 3

In order to receive the benefits of this Article, the teacher must notify the substitute caller or immediate supervisor as promptly as possible (calls should be made from 7-9 p.m. the prior evening or from 6-7 a.m. on the morning of the absence) when the teacher will be unable to be present because of illness.

Section 4

Sick leave with pay is intended primarily to cover the employee's own incapacitation due to sickness or injury. The Superintendent of Schools may require a physician's certificate as to the necessity of any absence due to sickness or injury. Following five (5) or more days of continuous absence, teachers may be required to submit a doctor's certificate indicating the purpose of the absence and approval to return to work to perform the essential functions of the job. Abuses of sick leave will be treated as individual disciplinary cases by the Superintendent.

Section 5

Any teacher with Professional Teacher Status whose personal illness extends beyond the period compensated for above may be granted a leave of absence without pay up to a period of one school year. Leaves of absence under this Section shall expire at the end of the school year in which the leave is granted.

Section 6

Absences not to exceed five (5) days in any school year may be charged against such leave in cases of severe illness of a member of the immediate family, i.e., spouse, child or parent. A doctor's certificate substantiating such need may be required by the Superintendent.

Section 7

All teachers in the District are compensated on an annual salary. Sick leave is not a bonus and is only intended for the unforeseen circumstances set forth in this Agreement. Accordingly, teachers whose services are terminated through resignation, dismissal, retirement (other than pursuant to Article XXX, Section15), or death shall not be entitled to additional salary or wages in lieu of any sick leave not taken, nor may such unused sick leave be transferred to the account of any other teacher. Notification of the amount of accumulated sick leave shall be given at the beginning of the school year.

Section 8

Except on reinstatement after an approved leave of absence, no sick leave credit for prior employment will be allowed to any newly hired teacher or teacher rehired after termination of service.

ARTICLE   XVI WORKER’S COMPENSATION

Section 1

Teachers who receive a personal injury arising out of the course of their employment are entitled to Worker's Compensation benefits provided by the District.

Section 2

When covered by the Worker's Compensation Act, a teacher may also elect to receive sick leave payments to the extent permitted by the General Laws in Chapter 152, Section 69, whereby such sick leave payments will be chargeable against accumulated sick leave and whereby the amount, when added to Worker's Compensation benefits, does not exceed the teacher's full salary or wages. In instances where accumulated sick leave is exhausted, the teacher will only receive the Worker's Compensation benefits.

ARTICLE XVII PERSONAL LEAVE

Section 1

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

Section 2

In each school year however, up to two (2)   days may be utilized for imperative personal business or legal obligations, which could not effectively be conducted outside of school hours.

Section 3

Request for such leave must be made in writing to the principal as early as possible before such absence occurs, normally at least seventy-two (72) hours prior to the requested date. Personal leave cannot be taken to extend a holiday or vacation period.

Section 4

If the Superintendent believes the purpose of the leave is not of a nature specified above, requiring the absence of the teacher during school hours, then s/he may decline to pay for such leave. The matter may, however, be presented through the grievance and arbitration procedures if the individual teacher so elects.

Section 5

Nothing in this Section shall preclude the Superintendent from granting additional personal leave, with or without pay, for reasons which he deems urgent. In cases of personal leave without pay, deductions from salary will be made on the basis of 1/184 of the teacher’s salary for each such day.

ARTICLE XVIII BEREAVEMENT LEAVE

Section 1

Full time teachers shall be allowed up to five (5) consecutive days leave during the school year in case of any death in the immediate family. The term immediate family means the teacher’s spouse, child, father, mother, sister, brother, mother-in-law, father-in-law, son-in-law, daughter-in-law, or relative and significant other actually living in the employee's household. An absence of three (3) days shall be granted applicable to teacher’s grandparents, grandchild, sister-in-law, brother-in-law, or the grandparents of the teacher’s spouse.

Section 2

These provisions shall be administered in the light of their purpose, which is to provide opportunity when needed, to enable an employee to attend the funeral or to attend to family or personal matters arising as a result of the death.

Section 3

At the discretion of the Superintendent, additional bereavement leave may be granted under extraordinary circumstances.

ARTICLE XIX PROFESSIONAL LEAVE

Section 1

Leave of absence may be granted to teachers at the discretion of the Superintendent for the purpose of visiting other schools or attending meetings or conferences of an educational nature. The schools visited shall be subject to the approval of the principal and Superintendent. Written reports shall cover all such visits.

Section 2

The District shall pay reasonable expenses (including, but not limited to, registration fees, meals, lodging, or transportation) incurred by teachers who are required by the Superintendent to attend workshops, seminars, or other approved professional improvement sessions. It may pay all or part of such expenses of teachers whose request to attend similar courses it approves (provided, however, that such travel and amount shall have been provided for and are expendable in the existing school department budget).

Section 3

Teachers requesting reimbursement under this Section will submit through the school principal for the Superintendent's approval a voucher individually listing the expenses for which reimbursement is sought.

ARTICLE XX SABBATICAL LEAVE

Section 1

A Sabbatical Leave may be granted by the Superintendent for advance study or research to teachers who have completed seven (7) consecutive years of service in the District, where such experience would, in the opinion of the Superintendent, increase the teacher's professional ability.

Section 2

Personnel requesting such leave must submit their applications in writing through the school principal to the Superintendent of Schools not later than November 1 of the school year preceding the school year for which the leave is requested. Action shall be taken on all such requests not later than January 1.

Section 3

No more than two (2) teachers will be absent on sabbatical leave during anyone school year.

Section 4

Successful applicants will receive one-half (1/2) of the salary to which they would have been entitled.

Section 5

Before accepting such sabbatical leave, the teacher shall enter into a written agreement in accordance with the terms of General Laws; Chapter 71, Section 41A to return to active service in the District for a period of at least twice the length of such leave. A teacher who does not fulfill this Agreement shall have agreed in writing to pay the District the amount of the salary received by the sabbatical provided that the teacher may be released from such payment if failure to serve twice the length of the leave is due to disability, death or if s/he is discharged from a teaching position by the Superintendent.

Section 6

A teacher returning from sabbatical leave shall be placed on the step of the salary schedule the teacher would have attained had the teacher remained in the school system, and shall be eligible for insurance benefits according to District policy while on leave.

Section 7

No teacher may reapply for a second sabbatical leave until the teacher has completed seven (7) consecutive years since the last leave.

Section 8

Upon completion of the leave, the recipient shall submit a written report to the Superintendent containing transcripts of all college and university work done while on leave, together with any other pertinent or interpretive material considered essential to an evaluation of the teacher's program.

Section 9

In case the number of applications shall exceed the number of Sabbatical Leaves of Absence that the Superintendent plans to grant for a particular school year, the recommendation of the Superintendent shall be made on the basis of the value of the proposed leave to the District.

Section 10

The denial of any sabbatical request will not be subject to the grievance or arbitration sections of this Agreement.

ARTICLE XXI MILITARY LEAVE AND JURY DUTY

Section 1

The District will comply with all state and federal laws with respect to mandatory military leaves of absence.

Section 2

Teachers who are required to perform active duty for training will do so during the months of July and August except when the necessity of the Government makes other demands absolutely necessary. In such instances they will be granted necessary leave and shall receive the difference between total military pay, including allowances, for the period of active duty and the teacher's regular pay for the number of school days they are absent, including all or any part of compensation for stipendiary positions held at the time of such military duty.

Section 3

Military leave without pay will be granted to any teacher who is inducted or who enlists for one required term in any branch of the armed services of the United States or during the period of any involuntary extension of enlistment.

Section 4

Upon return from such leave, a teacher will be placed on the salary schedule at the level, which the teacher would have achieved had the teacher remained actively employed in the system during the period of absence up to a maximum of four (4) years.

In no event shall such absence count toward Professional Teacher Status, nor shall the provisions of this Section be applied to permit a teacher with Professional Teacher Status to exceed the maximum of the schedule the teacher was on at the time of departure.

Section 5

Teachers required to perform jury duty shall receive leave with pay for the duration of such duty. Compensation shall be the difference between jury duty pay, exclusive of mileage reimbursement, and the teacher's regular pay, including all or any part of compensation for stipendiary positions held at the time of such jury duty. This provision shall be applicable only during the teacher work year set forth in Article XXIX.

ARTICLE XXII EXCHANGE TEACHER

Section 1

A teacher with Professional Teacher Status may obtain a leave of absence without pay for one (1) year to serve as an exchange teacher.

Section 2

Upon return from such leave a teacher will be offered a position as reasonably comparable to the one occupied as is then available, and will be placed on the salary schedule at a step level the teacher would have achieved had the individual remained actively employed in the system during the period of this leave.

Section 3

All leaves will be based on school year calendar. Applications for such leave must be submitted prior to April 1 of the calendar year in which such leave is to begin.

Section 4

The teacher must notify the Superintendent of Schools in writing by March 1 of the year in which the leave is to expire of the teacher's intention to return in September. In no instance may more than one (1) teacher in the system be absent on such leave at any one time. Extensions may be granted at the discretion of the Superintendent.

ARTICLE XXIII FAMILY MEDICAL LEAVE/MATERNITY/CHILD REARING LEAVE

Section 1

Family/Medical Leave (FMLA Leave)

A.  Any full-time teacher who has been employed for at least one (1) year or more shall be entitled to family medical leave of up to twelve (12) weeks during the year:

(1)    to care for a son or daughter within a year of birth, adoption or the initiation of foster care;

(2)    to care for a spouse, child or parent suffering from a serious health condition; and/or

(3)    because the teacher's own serious health condition makes the teacher unable to perform the functions of his or her position.

B.  Family/Medical leave is unpaid except that the teacher may use paid leave for an equivalent amount of unpaid leave when FMLA leave is due to the employee's serious health condition.

C.  During FMLA leave, teachers shall be entitled to participate in all medical, dental and other insurance plans.

D.  At the end of the leave, teachers shall be returned to the same positions they held before the leave began, or to an equivalent position, subject to layoff or other position elimination.

E.    Application Procedure

(1)    Except in emergencies, teachers shall apply to the Superintendent at least thirty (30) days before the start of the leave period.

(2)    The teacher shall indicate the anticipated date of return to active employment.

(3)    Teachers may be required to produce reasonable medical and other certification of the need for family/medical leave within fifteen (15) days of requesting leave. The District may require the employee to submit medical recertification during leave at thirty (30) day intervals, and it may require employees to report periodically on their status and intent to return to work. As a condition for returning to work, a teacher who has been on family/medical leave may be required to present medical certification that the teacher is able to resume work.

F. Leave entitlements under state law and FMLA run concurrently where both laws cover the same type of leave.

Section 2

Maternity Leave

A.  Upon receipt of at least two (2) weeks written notice of a teacher's anticipated date of departure and intention to return, a teacher who is not eligible for family/medical leave but who has been employed for at least three (3) months shall be granted a maternity leave without pay of up to eight (8) weeks in accordance with the provisions of G.L.c.149, Section 105D. Except to the extent covered by sick leave as set forth below, said leave will be without pay.

A teacher who is pregnant and is physically unable to work due to disability connected to pregnancy or childbirth may use accumulated sick leave to cover those days the teacher is disabled and unable to work. The District may require a teacher to submit medical evidence verifying the disability.

B.  This leave may be extended by mutual agreement between the teacher and the Superintendent in order that a teacher who has been on maternity leave may return at an appropriate time in consideration of the student's program(s) (such as the beginning of a semester, beginning of a marking term, or after a vacation period), or when absence due to medical complication resulting from the pregnancy extends beyond the eight (8) weeks in subsection (A) above.

C.    During unpaid maternity leave, teachers shall be entitled to participate in all medical, dental and other insurance plans.

D.    At the end of the leave, teachers shall be returned to the same positions they held before the leave began, or to an equivalent position, subject to layoff or other position elimination.

Section 3

Child Rearing Leave

In the event a teacher desires a leave longer than that provided by statute, the procedure listed below shall be followed:

A.   Under normal conditions, the Superintendent shall be notified in writing not later than the beginning of the fourth (4th) month of pregnancy. The request must be accompanied by a physician's certification stating the expected date of delivery.

B.    Said Child Rearing Leave should begin at a time corresponding to the beginning of a new semester (or other appropriate time such as after a vacation period or marking period) provided that, up to this time, the teacher can perform normal duties satisfactorily. A teacher who does not wish to request a Maternity Leave or Child Rearing Leave shall submit her resignation effective upon leaving the system in accord with the above provisions.

C.    Said Child Rearing Leave shall be without pay and shall terminate one (1) year from the first of September following the birth of the child or, sooner, if the teacher and Committee so agree. Extensions of leave may be granted at the discretion of the Superintendent.

D.     The teacher must notify the Superintendent by the first (1st) of March of the year in which the Child Rearing Leave expires of the teacher's intention to return in September, apply for an extension, or to retire from the school system. Failure to comply with this requirement will be considered as a resignation from the school system. Upon return from such leave, the teacher will be assigned to any school where a vacancy occurs in as comparable a position as possible.

E.  In the event the child does not live, the teacher may make written application for reinstatement, accompanied by a physician's statement that the teacher is able to perform the essential functions of the job. Such reinstatement may be granted by the Superintendent if an acceptable vacancy exists.

Section 4

Adoption Leave - A teacher who adopts a child shall be granted leave as follows:

A.    The teacher shall be entitled to a leave of absence without pay upon proper notification to the Superintendent at least two (2) months in advance of the date the leave is to begin, if possible.

B.    Said leave of absence shall not exceed one (1) year from the September 1st following the child's adoption.   The return to work at the conclusion of an adoption leave that exceeds a leave entitled to by statute must be at the start of a school year.

C.    A teacher upon returning to the system shall be entitled to all the benefits, rights and privileges of the preceding sections of this Article.

Section 5

In the event the teacher has continued in the duties under the contract through February 1 of the school year in which the leave is granted, the teacher will be credited with a step on the Salary Schedule upon return from leave. Such leave of absence shall not count toward Professional Teacher Status.

ARTICLE XXIV DELEGATES’ LEAVE

Section 1

Upon fourteen (14) days written notice, the Superintendent may approve a leave of absence with or without pay for such time as the Superintendent deems reasonable for officers of the Association, not to exceed two (2) in number, as may be designated by the Association to attend Massachusetts Teachers' Association or National Education Association conferences, meetings, or conventions, including directors and other meetings of the MTA. The expense of such trips will be borne by the Association, the individual, the MTA or the NEA.

Section 2

Once each year, up to four (4) designees of the Association will be granted a leave of absence of one day without loss of pay to attend the MTA House of Delegates meeting, provided that at least one week’s notice of the names of such teachers is given in writing to the Superintendent.

ARTICLE XXV RELIGIOUS LEAVE

Section 1

Absences not to exceed three (3) days in any school year shall be allowed without loss of pay for the observance of religious days falling within the regular work week but not included in the school calendar when the tenets of one’s religion obligate abstention from work or when the religious observance of the day necessarily conflicts with the work day. Requests for such absences will be submitted in writing to the principal seven (7) days in advance of the day of absence. The principal shall indicate approval or disapproval and shall forward the request to the Superintendent of Schools for final decision. Approval shall not be unreasonably withheld.

ARTICLE XXVI OTHER LEAVES

Section 1

Additional leaves of absence with or without pay may be granted at the discretion of the Superintendent.

Section 2

The Superintendent may at his/her discretion grant a leave of absence to any teacher with Professional Teacher Status designated by the Association, without pay, for a year for the purpose of engaging in Association (State or National) activities. If the teacher returns from such leave, the teacher will be considered as if actively employed by the District during such leave for purposes of being placed on the salary schedule at the level the teacher would have achieved if the teacher had not been absent.

Section 3

The Superintendent may, at his/her discretion, grant a leave of absence without pay or increment to any teacher with Professional Teacher Status to campaign for or serve in elected public office or for such other purpose as the Superintendent deems appropriate under all existing circumstances, including the primary purpose for which each of us is working; i.e., the best education of the children concerned.

ARTICLE XXVII LEAVE RESTRICTIONS

Section 1

All benefits to which a teacher was entitled at the time any such leave commenced, including unused accumulated sick leave, will be restored to the teacher's account upon return from leave. It is recognized that no specific position can be held open during ANY leave, but in all instances every effort will be made to assign the teacher to a substantially equivalent position to the one held at the time the leave commenced.

Section 2

The teacher will notify the Superintendent by March 1 of the teacher's intention to return the following September. If a teacher fails to inform the Superintendent by March 1 of his/her intent to return the following September, he/she will be taken to have resigned.   All requests for extensions or renewals of leaves must be applied for in writing on or before March 1 of each year in which the leave expires. Decisions on such requests will be confirmed in writing by April 15.

Section 3

A teacher may not be granted more than one (1) leave under Article XXVI (Other Leaves) or Article XXII (Exchange Teacher) during the teacher's service with the District. This means one (1) leave may be taken under each of these Articles.

ARTICLE XXVIII INSURANCE

The District will pay 75% of insurance premium costs, and the teacher will pay 25%.   The District will deduct the teacher's share of insurance premium costs from payroll checks upon receipt of proper authorization.

ARTICLE XXIX SCHOOL CALENDAR - PROFESSIONAL RESPONSIBILITIES

It is acknowledged by both parties that the duties and responsibilities of a teacher in terms of the demands of the profession do not permit prescribed limitations of time. Preparation, evaluation and visitation, as well as other related activities, are carried on to insure quality performance. Accordingly, the standards set forth below are only minimum standards, which will be used to measure the performance of professional duties.

Section 1

Except in extraordinary circumstances, the work year of classroom teachers covered by this Agreement (other than personnel who may be required to attend pre-school orientation sessions) will begin no earlier than the Monday preceding Labor Day and terminate no later than June 30, but in no event to be more than three (3) workdays longer than the school year for children established by the Superintendent. The Committee agrees that the school calendar will contain February and April vacations. The teacher’s work year will consist of 184 days of which 181 will be student contact days and three (3) will be used for activities determined by the Superintendent.   The 181st day shall be a half-day for students and a full day for teachers in order to close out the school year.   Within the 181 student contact days, some amount of time will be scheduled for purposes of professional development and/or curriculum development. The final day for teachers will not be later than the final day for students.

Section 2

The Association will be consulted in the preparation of the annual school calendar, but it is acknowledged that the final decision in this regard must rest with the Superintendent of Schools subject to the provisions set forth below.

Section 3

During the term of this Agreement, it is the intention of the Superintendent to retain the starting and dismissal time for the students and teachers in the various schools as set forth in Article VI . This schedule may be adjusted, as the Superintendent deems necessary in light of current conditions, including bus transportation and after notification to the Association with an explanation for the reasons involved. In the event the length of the teachers’ workday is to be increased by a change in schedule the parties will enter into negotiations on the subject, which may include the question of pay differentials.

Section 4

Teachers shall attend and take such part as is assigned to them in all meetings of an educational matter scheduled by the Superintendent of Schools or their principal or departmental meetings called by proper administrative officers or meetings called by a Committee chairperson. Reasonable advance notice of such meetings, of at least twenty-four (24) hours, will be given, whenever possible. It is understood that attendance at such meetings beyond the normal workday shall not be required for more than thirty (30) meetings per school year, nor for more than four (4) meetings per calendar month, and shall not extend longer than one (1) hour after the normal student dismissal time. The principal of each building shall designate one-week day as a meeting day on which all such meetings shall be scheduled, and the meeting day shall not be changed for the duration of the school year except in case of emergency.

All unit members will attend up to four (4) evening meetings each school year. Evening assignments shall be made by the principal according to an employee's assignment and the needs of the school. The principal shall keep a record of the evening events that employees attend, and the records shall, upon request be made available to the employee. The principals will determine to which schools shared staff will be assigned for purposes of this provision. Evening parent-teacher conferences will begin no earlier than 6:00 p.m. and end no later than 9:00 p.m.

Section 5

The Committee will continue its policy to make every reasonable effort to provide qualified substitutes to fill temporary absences, which occur because of illness, or other causes recognized in this Agreement. In emergency situations where substitutes are necessary, but not available, or when it is necessary for teachers to be absent from duty for a short period of time other regular teachers will be assigned to insure the continuity of the educational process. The principal normally will designate a teacher to use a preparation period for such substituting. Such assignment shall be distributed as equitably as possible among qualified teachers within the building during the school year.

Section 6

Except in emergency situations, the School Department shall provide a duty-free lunch period for all teachers. In emergencies, the paramount consideration must be the supervision of the students.

Section 7

The Superintendent and the Association recognize that class size is an important factor in good education and will, whenever possible, subject to space availability, student supplies such as computers and books, and all other educational considerations, insure that class size is the most effective nature for both teacher and pupil. However, the final decision as to the class size will be made by the Superintendent in the best interest of all.

Section 8

The required notification of resignation of employment is a minimum of thirty (30) days. The teacher may be released from this obligation by mutual agreement between the Superintendent and the prospective employer.

Section 9

The Administration and the Association recognize that some students may need additional academic support beyond the school day.   Accordingly, each teacher will make himself/herself available for thirty (30) minutes of extra help to students at a time that is mutually agreed upon by the teacher and the student/parent.   Teachers will notify parents and principal about when he/she is available and how students can access this support.   The teacher will communicate his/her availability to students, parents, and the building principal.

ARTICLE XXX COMPENSATION

The salary schedule and compensation for extra-curricular duties of each teacher in the public schools of the District shall be determined pursuant to the following sections of this Article.

Section 1

The annual salary shall be divided into twenty-two (22) or twenty-six (26) equal payments. The District will establish a pay schedule, which provides for 22 payments over ten (10) months or 26 payments over twelve (12) months. All payments shall be issued in a timely manner on Thursday on a bi-weekly basis.   Teachers must notify the Business Office by June 1 of their intention to change their option for the following year.

The first check for teachers will be provided no earlier than September 1 and no later than the third Thursday of September.   Those teachers who choose to have 26 payments will be paid through June 30 from the appropriate accounts in the School District’s general fund and the remaining pays will be encumbered and paid for out of the appropriate fiscal year’s funds. These remaining pays will follow the same bi-weekly pay schedule.

Teacher’s health benefit premiums will be distributed evenly across all employee checks regardless of whether the employee is paid in 22 or 26 paychecks.   Teachers must establish a direct deposit of salary payments to a bank designated by the teacher.

Section 2

The District shall fix the initial salary and step level of each teacher on entering employment (or of permanent substitutes) giving due consideration to previous teaching experience, special skills, and academic attainment.

Teachers, who enter the system at other than the beginning of the school year and prior to February 1, will move the following year on the step schedule.

Teachers who are within the system will not request or be granted individual additional step increases except for service, degree requirements, or additional duties.

Section 3

Except as provided in Article XXXVI, annual increments as scheduled will be granted at the start of the school year to all teachers who have rendered satisfactory service. A question as to whether the Superintendent had just cause for withholding the increment of a teacher may be presented through the grievance and arbitration procedure.

Section 4

Courses must have the prior approval of the Superintendent of Schools and the teacher must obtain a grade of "B" or better to be credited for such courses on the salary schedule. When universities have a grading system of pass-fail, pass will be acceptable.   Prior approval for courses may be requested on-line or via paper copy.

Section 5

Courses must have been taken after the receipt of a Bachelor's or Masters degree and must be approved by the Superintendent or have been in a degree-granting program or as part of the teacher's special field of study, and the grade of "B" or better must have been received for the course. Courses already credited within the system will be accepted for advancement on the salary schedule.   When a university offers a course on a pass/fail basis, a passing grade shall be sufficient for purposes of this paragraph.

Section 6

Official transcripts, or other documents from the college or university, must be submitted for verification to the Superintendent of Schools by September 30 for purposes of advancing on the schedule.

Section 7

Teachers within the system who supervise practice teachers will be given first preference for vouchers for course work from the participating colleges.

Section 8

Extra-curricular and athletic duties and services shall be compensated in accordance with the provisions of Schedule C. The enumeration of certain classes of types of extra-curricular services and duties set forth in Schedule C neither means that the District must continue these in existence nor is it intended to exclude payments for any other extra-curricular duties not specifically included therein. All vacant Schedule C positions shall be posted by e-mail.

Assignments to these duties and positions are subject to annual appointment by the principal with approval of the Superintendent of Schools. Additional salary or compensation for such positions shall be by special contract as set forth in Schedule C. Appointments may be made for a period of up to three (3) years.

Section 9

The Superintendent will make his/her best effort to respond to all retirement notifications and other requests in a timely fashion.

Section 10

Guidance counselors who are requested to perform their duties during the summer or at other times not covered by the Agreement shall be compensated at the appropriate per diem rate for the preceding school year.

Section 11

The Superintendent, at his/her discretion, may grant in service credit to a teacher for his or her participation in an activity that will enhance the effectiveness of the District. In-service credits will be granted on the basis of one (1) credit for each 20 hours of approved activity.

Credits will be granted for non-compensated time only.   No more than six (6) such credits may be used per lane change.

Section 12

A.   A teacher designated and serving as a department liaison for Grades 9-12 shall receive an annual addition to the teacher's base salary in an amount determined in Schedule C.

B.   Notwithstanding the language in Article VI , Section 2   , a department liaison will remain sixty (60) minutes after student dismissal on Monday through Thursday. A department liaison may also be required to attend one (1) orientation evening, if so requested by the principal.

Section 13

Teachers shall be reimbursed up to six hundred dollars ($600.00) annually for the cost of tuition, fees and books of one three (3) credit course in which they receive a grade of “B” or better. It is understood that to be eligible for reimbursement, the teacher must have the course approved in advance by the Superintendent or his/her designee. Such approval shall not be unreasonably withheld if the course is directly related to the teacher's present teaching assignment. The Committee shall not be required to expend more than twenty-five thousand dollars ($25,000.00) per year pursuant to this Section.

In order to provide equity in access to the tuition reimbursement funds, all reimbursements will occur at the end of the school year.   In the event that this amount is insufficient to satisfy the total amount of reimbursement due to teachers for a given school year, teachers will receive partial payment on a pro rata basis.

Section 14

The Superintendent and the president of the Association shall act as a standing committee to bargain regarding any proposed changes to Schedule C that are proposed during the term of an existing contract period.   This will not constitute a general re-opening of the contract and shall not affect any other provision of the contract, including any so-called waiver clause or zipper clause that may exist from time to time.   Upon agreement being reached between the Superintendent and the president of the Association over a proposed change, such agreement shall be presented to the Union membership and the School Committee for ratification.   Absent ratification, the proposed change shall not be made.

Section 15

In recognition of dedicated service to the children of the District, any teacher covered by this Agreement who has taught for twenty (20) years in the District (or thirty (30) years total teaching, the last fifteen (15) of which have been consecutive in the District) may obtain an increase in compensation by following the procedure in the next paragraph.   Years of teaching service in either the Ayer or the Shirley School Departments, as well as years of service in the District, will count as years of service for purposes of this section.

Eligible teachers who desire to participate in this program shall notify the Superintendent by January 15 of the school year at the end of which they intend to retire of their intention to retire under the provisions of the Massachusetts Teachers’ Retirement System.   If such notice is submitted in writing by January 15, then at the conclusion of the final year of teaching, all accumulated sick leave shall be wiped off the books and in lieu thereof, the teacher will receive

payment at the rate of twenty-five dollars ($25.00) per day for each sick leave day surrendered. One-half of this payment will be issued to the teacher in July after his or her last year of teaching, and the other half of this payment will be made during July one year later.

It is understood that the giving of a notice of intent to retire pursuant to this provision is irrevocable, and the teacher giving such notice shall be required to retire at the conclusion of the school year   in which the notice of intent to retire is given.

Section 16

A.    Teachers who retire pursuant to the provisions of the Massachusetts Teachers’ Retirement System who give notice of retirement to the Superintendent consistent with paragraph B will receive a payment of the following gross amount if at the time of retirement they have completed the requisite number of years of full-time service (listed below) as a teacher in the District (service as a teacher in either the Ayer or the Shirley School Department which is continuous with service in the District will count for this purpose).   A year of part-time service which is .5 or greater will count as a year of full-time service for purposes of this section.

Years Completed                                 Gross Payment

20 through 24                                       $5,000

25 through 29                                       $6,500

30 and over                                          $8,000

B.    In order to be eligible for this payment, the teacher cannot retire during a school year, and an irrevocable written notice of retirement must be submitted to the Superintendent prior to January 15 of the school year at the end of which the teacher intends to retire.

C.    One-half of this payment will be issued to the teacher in July after his or her last year of teaching, and the other half of this payment will be made during July one year later.

Section 17

Teachers who, prior to the creation of the District, had been employed by the Ayer School Department and who had been   enrolled in a Town of Ayer health insurance plan during the 2007-2008 school year, and who continued to be enrolled in an Ayer insurance plan during 2008-2009, 2009-2010, and 2010-2011, and who have continued to be enrolled in the District’s health insurance plan during 2011-2012 and 2012-2013 shall receive a wage adjustment to his/her base annual salary in the amount of $2,500 in 2011-2012, and $2,000 in 2012-2013. These amounts will be paid as part of his/her regular salary.

ARTICLE XXXI CURRICULUM DEVELOPMENT

Section 1

Teachers are integral to the development of a standards-based curriculum.   The District’s plan for improvement addresses the support of teaching and learning through the implementation of a Pre-K-12 standards based system of curriculum, assessment, and instruction that meets local, state, and national standards and is supported by a comprehensive program of student services. Curriculum development initiatives are mutually beneficial in that they provide professional growth opportunities for teachers while building a rigorous and relevant curriculum to benefit all of our students.

Curriculum development initiatives include the following:   aligning curriculum standards and benchmarks for student learning, developing vertical and horizontal curriculum maps, developing curriculum units and courses, strengthening use of data to inform decision-making, expanding use of alternative forms of assessment, meeting the needs of all students within the classroom, using technology to enhance teaching and learning, and strengthening student services programs.

Section 2

Because the District is committed to a systems approach to curriculum, a task force structure will be used to identify curriculum development priorities.   Task forces are organized by subject areas and include volunteer teachers and administrators who will meet periodically to address existing and emerging program needs.

When specific needs have been identified, a description of the project goals, tasks, resources, anticipated timeline, number of teachers involved, and time allocated for the work will be developed by the Superintendent or his/her designee and posted to the staff via e-mail.   Teachers may indicate their interest to the Superintendent or designee who will select the project team.

The selection will be based on the expertise of the applicants relative to the specific project. Teachers who have participated on the task forces that generated the project will be given special consideration.   The administration will make an effort to distribute opportunities across teachers but will make the final selections based on the match between the teachers’ skills and the project requirements.

Section 3

Any teacher or teachers may submit to the Superintendent, through the appropriate administrators, a proposal that includes the following:

1.                   A description of the project goals and tasks

2.                   Resources needed

3.                   Anticipated timeline, including total time required for the project

4.                   Teachers to be involved

5.                   Description of the project

The Superintendent will review each proposal and negotiate any needed changes to strengthen alignment with district curriculum goals and priorities.   Acceptable proposals will be approved, pending funding availability

ARTICLE XXXII MENTORING PROGRAM

The Mentoring Program for the District will provide a system of structure and support for encouraging and guiding new teachers into our school system.     This collaborative program will offer opportunities for all staff members to grow in a professional, collegial, and non-judgmental way.   It will add energy and new ideas into every classroom, enhance student learning, and improve the school climate.   New teachers will be offered a secure, friendly, and welcoming environment.

Section 1

Superintendent, building principals and the mentor coordinator will coordinate the Mentoring Program.   It will operate according to the guidelines established by the District’s Mentoring Program Handbook.

Section 2

All participants in the Mentoring Program will follow the guidelines established in the District’s Mentoring Program Handbook.

Section 3

The role of the coordinator does not include mentoring.

Section 4

There will be a general posting each spring to enlist recruits for the mentoring program.   Mentors will be selected from this pool or by the principal.   The principal may invite individual teachers to serve as mentor if s/he feels there is not an appropriate match in the mentor pool.

Section 5

Mentors will undergo mentor training, and attend the new teacher orientation in August. Mentors will perform no evaluations.

Section 6

Mentors and mentees may request release time for the purpose of in class peer observation.   Such requests will be presented to the building principal.

Section 7

All first year teachers will participate, and all second year teachers may be required to participate, in the Mentoring Program.   Teachers who are assuming positions out of their degree, licensure, or department areas or any teacher experiencing a significant grade level change may request a mentor.

Section 8

Individual mentors and mentees will meet on a regular basis.

ARTICLE XXXIII 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 or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Rider thereto, or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with enforcement of has been restrained shall not be affected thereby.

In the event that any Article or Section is held invalid or enforcement of or compliance with which has been restrained, as set forth above, the parties affected thereby shall enter into immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of invalidity or restraint.

ARTICLE XXXIV DURATION - NEGOTIATION PROCEDURES

Section 1

This Agreement shall become effective as of September 1, 2011, and shall continue in full force and effect until August 31, 2013.

Section 2

If either party desires to amend, modify, or terminate this Contract at the expiration thereof, it must send written notice to the party prior to October 15, of the last year of the Contract, or the anniversary thereof, including a list of items to be negotiated.   If the Committee and the Association have failed to reach agreement by December 15 on such terms, they jointly, or either of them separately, may petition the Division of Labor Relations to initiate the statutory impasse in accordance with the provisions of Chapter 150E.

Section 3

During negotiations, the Committee and the Association will present relevant data, exchange points of view and make proposals and counter proposals, as each deems appropriate.

Section 4

Either party may, if it desires, utilize the service of outside consultants and may call upon professional or lay representatives to assist in negotiations.

Section 5

A copy of the official proofs of the Contract will be submitted to the Negotiating Committee and the School Committee seventy-two (72) hours prior to the formal signing of the Contract.

ARTICLE XXXV STUDY COMMITTEES

It is understood and agreed that during 2011-2012 the parties will establish joint study committees to discuss three issues:   the “Curriculum Development” language in Article XXXI; the “Mentoring Program” language in Article XXXII; and the stipended positions in Schedule C. The three study committees will be separate and may or may not contain some of the same participants.   The School Committee and the Association will each designate three participants to serve on each study committee.   The goal is for the work product and/or recommendation of each study committee to be reported back to the School Committee and the Association for negotiation, hopefully in time for implementation for the 2012-2013 school year.   Until changes are agreed to, the current language of Article XXXI and Article XXXII will remain in effect, and extracurricular positions that have been filled will continue to be stipended as per the Ayer and Shirley contracts that were in effect for 2010-2011.   The single exception to this is that the position of Assistant Athletic Director will be stipended at the rate of $3,000 for 2011-2012.

ARTICLE XXXVI SALARY COMPUTATION FOR 2011-2012 AND 2012-2013

2011-2012

For 2011-2012 the following approach will be used:

1.   The wage scale for 2011-2012 that will be utilized consistent with the following terms appears in Schedule A.

2.     Teachers who had been employed in Ayer during 2010-2011 will be placed on the wage scale that appears as Schedule A as appropriate to their degree status and as if they had attained one year of service beyond where they had been placed on the 2010-2011 Ayer salary schedule.

3.     Teachers who had been employed in Shirley during 2010-2011 will be “phased in” to the new salary schedule over a two-year period, consistent with a side letter that has been executed by the parties.

4.     Teachers who had been employed in Ayer and who were eligible for the “wage adjustment” that had appeared in Article XXXII, Section 18 of the 2008-2011 Ayer Teachers Agreement will be paid a wage adjustment of $2,500 in 2011-2012.

2012-2013

For 2012-2013 the following approach will be used:

1.     At the conclusion of the 2011-2012 contract year, teachers who had formerly been employed in Shirley will be advanced fully onto the 2011-2012 salary schedule (i.e., Schedule A) to that step and column where they would have been placed had their placement on the 2011-2012 salary schedule not been “phased in” over the two year period.   Additionally, at the conclusion of the 2011-2012 contract year, the amount of $900 will be added to the base salary that was paid to five former Shirley teachers during 2011-2012:   Laurie Segar-Collins, Patricia Giannini, Debra Flagg, Shelley Guarino, and Catherine Nacke.   This will create a new base salary for these five teachers for 2012-2013.   This adjustment is being made because of anomalies that existed between the former Shirley wage scale and the former Ayer wage scale.

2.     For 2012-2013 teachers who have qualified for advancement to a new degree column on the wage scale will be allowed to advance to that new column.

3.     During the summer of 2012, after the staffing for the 2012-2013 school year has been established, the cost of the step advancements (including movements onto steps 21, 26, and 31) that normally would occur as of September, 2012 (this amount will be referred to here as   “the cost of FY ‘13 steps”) will be quantified.   Next, the cost of the medical insurance wage adjustment for the former Ayer teachers who were eligible for such an adjustment under Article XXXII, Section 18 of the 2008-2011 Ayer Teachers’ contract, will be lessened from $2,500.00 (which said teachers will receive in 2011-2012) to $2,000.00.   This $500.00 change will be multiplied by the number of former Ayer teachers who will be eligible for this wage adjustment in 2012-2013 (this amount will be referred to here as “the medical insurance wage adjustment change”).   The cost of the FY ’13 steps will be added to the medical insurance wage adjustment change.   The sum of these numbers will then be divided by the total number of FTE bargaining unit positions for 2012-2013, creating an “FY ’13 salary adjustment.”

4.     Each former Ayer teacher will stay in 2012-2013 at the same step where she or he was in 2011-2012 (e.g., a teacher who was at step 4 in 2011-2012 will stay at step 4 in 2012-2013, and a teacher who was at step 21 in 2011-2012 will stay at step 21 in 2012-2013).   Each former Shirley teacher will stay in 2012-2013 at the same step to which he or she was advanced at the conclusion of the 2011-2012 contract year under paragraph 1 above.

5.     During 2012-2013 each teacher, in addition to the salary that he or she will receive consistent with paragraph 4 above, will be paid the FY ‘13 salary adjustment calculated via paragraph 3 above. This FY ’13 salary adjustment will be paid as part of the regular salary during 2012-2013, but it will not become a permanent add-on to the salary schedule.   Thus, at the conclusion of 2012-2013, the salary schedule will be the same as it was in 2011-2012.

6.     What will happen in FY’14 (i.e., 2013-2014), including whether there will or will not be step advancements in FY’14, will be dependent upon negotiations for that year.   However, to the extent that there will be step increases in FY’14, each teacher will advance only to that step where she or he normally would have advanced for 2012-2013 (e.g., a teacher who was on step 4 in 2011-2012 will move to step 5 in 2013-2014, and a teacher who was at step 21 in 2011-2012 will move to step 26 in 2013-2014 only if she or he normally would have moved to step 26 in 2012-2013).   At no point in the future will a teacher be entitled to a year of step advancement credit as a result of their service during 2012-2013.

SCHEDULE A TEACHERS’ SALARY CONTRACT YEAR 2011-2012

2011-2012

 

B

B+15

M

M+15

M+30

1

39,412

40,594

42,422

43,694

45,005

2

40,988

42,219

44,119

45,443

46,805

3

42,628

43,906

45,883

47,258

48,677

4

44,335

45,663

47,717

49,149

50,624

5

46,106

47,490

49,629

51,116

52,648

6

47,951

49,389

51,613

53,160

54,755

7

49,868

51,365

53,676

55,289

56,946

8

51,864

53,421

55,825

57,500

59,224

9

53,939

55,556

58,057

59,798

61,593

10

56,097

57,779

60,378

62,191

64,057

11

60,584

62,401

62,795

64,680

66,619

12

 

 

67,818

69,852

71,948

13

 

 

68,718

70,752

72,848

21

63,640

65,459

71,773

73,807

75,902

26

66,695

68,511

74,830

76,862

78,958

31

 

 

75,730

77,762

79,858

SCHEDULE B NURSES SALARY

These salaries are expressed in a side letter which has been executed by the parties

SCHEDULE C EXTRACURRICULAR AND STUDENT SUPPORT POSITIONS

See the “Study Committee” language in Article XXXV.

IN WITNESS WHEREOF, the parties hereunto set their hands and seal this _____________ day of  ______________ 2012.

________________________________________       _________________________________________

Patrick Kelly, Chair                                                                     Stephen Tulli, President

Ayer Shirley Regional School Committee                               Ayer Shirley Regional Education Association

________________________________________       _________________________________________

Robert Prescott, Vice Chair                                                        Catherine Nacke

________________________________________       _________________________________________

Daniel Gleason                                                                             Eleanor Capasso

________________________________________       _________________________________________

Joyce Reischutz                                                                            Susan D’Amico

________________________________________       _________________________________________

James Quinty                                                                                Linda Marino

________________________________________       _________________________________________

Michele Granger                                                                           Shelley (Guarino) Migrants