Medfield

AGREEMENT

BETWEEN

THE

MEDFIELD SCHOOL COMMITTEE

AND THE

MEDFIELD TEACHERS ASSOCIATION

2011 -2014

MEDFIELD SCHOOL COMMITTEE

Susan Ruzzo, Chairman

Deborah Noschese

Christopher Morrison

Eileen DeSisto

Timothy Bonfatti

MEDFIELD TEACHERS ASSOCIATION

Joanne Schmidt, President

Joan Lennon,Vice President

Deborah Manning, Secretary

Sarah Hevey, Treasurer

Marie Foley, Christine Paget, PRR

Elizabeth Wiese, NCTA Director

NEGOTIATING TEAMS:

Teachers Association

Joanne Schmidt, Chair

Tracey Allen

Jamie Callahan

Adam Coyle

Joan Leonard

Christine Paget

School Committee

Christopher Morrison

Susan Ruzzo

Robert C. Maguire, Superintendent of Schools

 Charles L. Kellner Director of Finance and Operations

ARTICLE I –

RECOGNITION

For the purposes of collective bargaining with respect to salaries, hours, and other conditions of employment, the negotiation of collective bargaining agreements and any questions arising there under, the School Committee recognizes the Association as the exclusive bargaining agent for the professional employees covered by this contract. This contract shall presently cover classroom teachers, remedial teachers, librarians, guidance counselors, athletic director, coaches, nurses, and any other teaching positions that shall develop within the school, but shall exclude coaches who are not teachers in the Medfield Public School System.

ARTICLE II –

COMMITTEE RIGHTS CLAUSE

The Committee is a public body established under, and with the powers provided by, the statutes of the Commonwealth of Massachusetts. As the elected representatives of the citizens of Medfield charged with the responsibility for the quality of education in, and the efficient and economical operation of, the Medfield Public Schools, it is acknowledged that the Committee has the legal responsibility to establish the educational policies of the Medfield Public Schools.

Nothing in this Agreement shall be deemed to derogate or impair the powers and responsibilities of the Committee under the statutes of the Commonwealth or the rules and regulations of any agencies of the Commonwealth. Said rights and powers include, but in no way are construed as limited to, the subjects included in the contents of this Agreement.

As to every matter not covered by this Agreement, and except as is modified by the express language in any provision of this Agreement, the Committee retains to itself all rights and powers that it has, or may hereafter be granted by law, and may exercise the same at its discretion.

ARTICLE III –

GRIEVANCE PROCEDURE

A.    Definitions

1.       A grievance shall be a dispute between an employee covered by this Agreement and the Committee over the interpretation or application of the provisions of this Agreement.

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

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

B.    Purpose

1.    The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

2.    Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment and to state its views.

C. Procedure

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level is the maximum, and every effort should be made to expedite the process.

In the event a grievance is filed on or after June 1, which if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

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

2.       Level Two -

a.    If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within ten (10) school days after presentation of the grievance, he/she may file the grievance in writing with the Chairperson of the Association's Committee on Professional Rights and Responsibilities (hereinafter referred to as the "PR&R Committee") within five (5) school days after the decision at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the PR&R Committee will refer it to the Superintendent of Schools.

b.    The Superintendent will represent the administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent will meet with the aggrieved person in an effort to resolve it.

c.     If a teacher does not file a grievance in writing with the Chairperson of the PR&R Committee and the written grievance is not forwarded to the Superintendent within thirty (30) school days after the teacher knew or should have known of the act or condition on which the grievance is based, then the grievance will be considered as waived. A dispute as to whether a grievance has been waived under this paragraph will be subject to arbitration pursuant to Level Four.

3.     Level Three - Level Three is available for grievances which concern matters which remain under the jurisdiction of the School Committee as a result of the Education Reform Act of 1993. Level Three shall not apply to disciplinary or operational matters. If Level Three does not apply, grievances shall proceed to Level Four. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level

Two, or if no decision has been rendered within ten (10) school days after he/she has first met with the Superintendent, he/she may file the grievance in writing with the Chairperson of the PR&R Committee within five (5) school days after a decision by the Superintendent, or fifteen (15) school days after he/she has first met with the Superintendent, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairperson of the P&R Committee will refer it to the School Committee. Within ten (10) school days after receiving the written grievance, the School Committee will meet with the aggrieved person for the purpose of resolving the grievance. The ultimate decision on the grievance at Level Three will, however, be rendered by the School Committee at the next normal, or regular School Committee meeting.

4. Level Four - If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within ten (10) school days after he/she has first met with the School Committee, he/she may, within five (5) school days after a decision by the School Committee or fifteen (15) school days after he/she has first met with the School Committee, whichever is sooner, request in writing the Chairperson of the PR&R Committee to submit his/her grievance to arbitration.

The Chairperson of the PR&R Committee will notify the School Committee within seven (7) school days from this time as to whether or not the grievance will proceed to arbitration.

D. Arbitration

1. In the event either party elects to submit a grievance to arbitration, the arbitrator shall be selected according to and shall be governed by the following procedure:

a.    The arbitrator is to be mutually selected by the Committee and the Association. If the Committee and the Association cannot agree within ten (10) school days after written notice of intention to arbitrate has been received by either party, then the party demanding arbitration shall, within five (5) school days thereafter, upon written notice to the other, request the American Arbitration Association to provide a panel of arbitrators, said arbitrator then to be selected under the provisions of the Voluntary Labor Arbitration Rules.

b.    Each party shall bear the expense of its representatives, participants, witnesses and for the preparation and representation of its own case. The fees and expenses (if any) of the Arbitrator and the American Arbitration Association shall be shared equally by the parties, provided that the obligation of the Committee to pay shall be limited to the obligation which the Committee can legally undertake in that connection. In no event shall any present or future member of the Committee have any personal obligation for any payment under any provision of this arbitration procedure.

c.     The arbitrator shall be bound by the procedure set forth in the Voluntary Labor Arbitration Rules as now in effect or hereafter established by the American Arbitration Association. He/she shall arrive at his/her decision solely upon the facts, evidence, and contentions as presented by 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 in reaching his/her decision shall interpret this agreement in accordance with the commonly accepted meaning of the words used herein and the principle that there are no restrictions intended upon the rights and authority of the Committee other than those expressly set forth herein. Subject to the foregoing, the decision of the arbitrator shall be final and binding upon the parties.

d. Notwithstanding anything to the contrary, no dispute or controversy shall be the subject for arbitration unless it involves a grievance as specifically defined in this contract.

E.    Rights of Teachers to Representation

1.       No reprisals of any kind will be taken by the School Committee or by any member of the Administration against any party in interest, any School Representative, any member of the PR&R Committee or any other participant in the grievance procedure by reason of participation in the processing of a grievance.

2.       Any party in interest may be represented at all stages of the grievance procedure by a person of his/her own choosing, except that he/she may not be represented by a representative or an officer of any teacher organization other than the Association. 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. Five (5) days prior to any meeting a letter will be sent to the School Committee stating who will represent the teacher.

F.    Miscellaneous

1.       If, in the judgment of the PR&R Committee, a grievance affects a group or class of teachers, the PR&R Committee may submit such grievance in writing to the Superintendent directly and the processing of such grievance will be commenced at Level Two.

2.       The PR&R Committee shall only pursue a grievance with the permission of the person directly involved with the grievance.

3.       A grievance must be brought to the attention of the principal or the immediate supervisor of a teacher within five (5) working days of the date of the grievance. Failure to file a grievance or to process it within stated periods shall be deemed a waiver of the grievance. In the event there is no answer to the grievance at the appropriate level within the stated time, it shall be considered denied and the teacher may file it at the next step of the procedure.

4.       Decisions rendered at Levels One, Two and Three of the grievance procedure will be in writing setting forth the decision and the reasons therefore and will be transmitted promptly to all parties in interest and to the Chairperson of the PR&R Committee.

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

ARTICLE IV –

COMPENSATION

A.    Subject to the provisions of this contract and the policies of the School Committee, the salaries, hours, and other conditions of employment applicable on the effective date of this contract to the employees covered by this contract shall continue to be so applicable, except as noted in Appendices Al and A2.

B.    Teacher Payments:

1.       Teachers will be paid bi-weekly every other Thursday in twenty-six (26)-payments. The first payment shall be made no later than the second Thursday after the first day of attendance required for teachers.

2.       In the event of the retirement or termination of a teacher, all monies earned and owed to said teacher shall be paid at the next pay period. In the event of death of a teacher, all monies earned and owed to said teacher shall be paid to the duly-appointed administrator or executor of the deceased teacher's estate.

3.       Teachers shall have their health and/or dental insurance premiums deducted in twenty-four (24) equal sums. These deductions will be made in the first two paychecks of each month.

C.    Summer Salary: Teachers will be granted the option of receiving the balance of their salary in June for the remainder of the current contract, provided all obligations have been fulfilled. Written requests must be filed in the Superintendent's Office on or before April 30.

D.    Increments: Formal increments will be in accordance with the salary schedule, if granted by the Superintendent of Schools, but only when the performance of the teacher has been deemed satisfactory. Such increments shall be paid until the appropriate maximum for the degree held has been reached, provided that the requirement of paragraph F of Article TV has been satisfied.

Any teacher presently on maximum on an existing salary schedule will not automatically move to maximum when a new salary schedule is adopted, providing that the withholding of a raise is for failure to complete satisfactorily three Course Approval Committee approved credits in the teacher's major teaching area or in an area related to his/her teaching assignment every three years or for professional reasons as noted below. The School Committee will fully reimburse the teacher on maximum for   the three credits taken during each three year period.

The withholding of a raise for professional reasons initiated only after efforts have been made to assist in improvement and after notification of intention to withhold for professional reasons is based only upon systematic reports or evaluation and only if written reasons for withholding are   provided upon request.   When necessary, administrators are required to explain the specific efforts and actions taken to assist affected teachers in becoming successful in their work.   Upon request, the affected teacher shall have the opportunity for a hearing.

E.    Course Credit for Non-Professional Status Teacher: A teacher with non-professional status must complete one 3-credit course during the three year probationary period. Should a teacher not complete this requirement, the Superintendent has the right to withhold a step increase on the salary scale in the fourth year of the teacher's service until said teacher completes the above requirement. Teachers who do not complete the course requirement during their first three years in Medfield will not receive retroactive pay for the period of time during which their step increase has been withheld.

F.    Course Credit: After attaining Professional Teacher Status, the minimum requirement shall be one 3-credit course hi each three-year period. In the event that the minimum requirement is not met, no annual increments will be granted until such time as this minimum requirement has been satisfied. It is expected that the course taken will be part of an approved college or university program leading to an advanced degree; but in any case the course selected shall be submitted to the Course Approval Committee for review and action in accordance with its guidelines. Course credit requirements will be waived if the professional teacher has attained a recognized advanced degree.

Effective September 1, 2004, the language set forth in Article IV, section D, paragraph two and section F shall be held in abeyance provided that the Department of Education continues to maintain its current certification requirements for professional staff. In the event that the Board of Education adopts less demanding standards than are currently in place (i.e., 2003-2004 school year), the existing language in Article IV, section D, paragraph two and section F shall be automatically reinstituted and all bargaining members shall be subject to the requirements set forth therein.

G.    In the event that the Superintendent requests a teacher to take a course and the teacher agrees, the Committee shall reimburse the teacher for a graduate course from an accredited institution within the teacher's area of certification and/or the teacher's area of teaching, provided that the teacher receives a grade of B or better, or if the course is offered on a pass/fail basis, the teacher receives a pass.

In the event that a teacher chooses to take a course in pedagogy or in his/her area of certification or teaching from an accredited institution or other course/program, provided that the course/program allows for the option of earning graduate college credit and the course/program is approved in advance by the Superintendent, the following provisions will apply. The Committee shall reimburse a teacher for a course(s)/program(s) approved in advance by the Superintendent in an amount not to exceed the schedule below

Effective September 1,2011: $700.00

Notwithstanding the foregoing provisions, the maximum amount to be expended by the Committee for such course reimbursement shall follow the schedule below:

Effective September 1, 2011: $35,000.00

For the first year of this contract and continuing forward, teachers shall apply for course reimbursement on a first-come, first-serve basis. Beginning July 1^st preceding each school year, teachers are eligible to apply for reimbursement for one (1) course they are planning to take that summer, fall or the following spring. The Superintendent shall maintain a list of those employees who have made application for and have been granted such reimbursement. It is understood that teachers taking courses in the summer prior to the start of the school year shall not receive reimbursement until after September 1^st, when the teacher submits documentation that he/she received a grade of B or better, or if the course is offered on a pass/fail basis, the teacher receives a pass.   Also, beginning July 1^st preceding each school year, teachers are eligible to apply for reimbursement for a second course they are planning to take that summer, fall or the following spring. In the event that there are remaining course reimbursement monies after April 1^st, teachers will be eligible for reimbursement for their second course based on the date on which they submitted their request for reimbursement for a second course. A teacher shall be required to teach in Medfield for a minimum of one year following receipt of tuition reimbursement, absent extenuating circumstances; otherwise the teacher shall refund any tuition reimbursement received to the school district. The parties understand and agree that no teacher shall be eligible for a second course until all other eligible teachers have been given an opportunity to apply for reimbursement for a first course.

H.           Effective with the date of execution of this Agreement, there shall be established a Course Approval Committee consisting of an equal number of Association members and Committee representatives. The Course Approval Committee shall establish operating guidelines which will be posted and made clear to the Association and to the Administration.

I.   Credit for Experience: For teachers new to the Medfield School System, previous teaching experience, special skills and other non-teaching experience will be given due consideration in determining the initial salary step. While not bargaining unit members, if a long-term substitute works ninety-one (91) or more consecutive days as a long-term substitute and is subsequently re-hired the following year, the employee will receive one year's credit for his/her service.

J.  Credit for Earning Advanced Degrees:

1.       For teachers who are new to the Medfield Public Schools and hold degrees beyond the Bachelor's Degree, full credit will be given in accordance with the salary schedule.

2.       Increment credit will be given for the development of curriculum with approval of procedures agreed to by the Superintendent.

K.  Salary adjustments will be effective in September. In order for lane movement to be retroactive to September 1, all teachers must complete the following steps: 1) all teachers who contemplate moving to a new lane shall shall complete their coursework by no later than September 1^st; 2) all teachers shall notify the Superintendent's office in writing by no later than September 1^st of their movement; and, 3) all teachers shall provide the Superintendent's office with documentation that they have completed their coursework supporting the lane change by no later than January 1 st.

L.   If teachers have completed their work day and are called back by the Administration to attend core meetings, said teachers will be compensated at the rate of $16.86 per hour.

M.  Effective September 1, 2006, compensation for chaperoning overnight trips will be increased to $100.00 per night. For purposes of this section, whenever the Washington, D.C. trip returns to Medfield after 10:00 p.m., participating teachers shall be eligible for the stipend for that night. Teachers who normally receive a stipend for supervising an activity that organizes overnight activities will not be eligible for this additional compensation.

N.  A teacher will receive salary increment if the teacher has worked a minimum of 92 days in the school year.

O.  Effective September 1, 2005, members of the bargaining unit, who have served at least twenty (20) years as a teacher in the Medfield Public Schools, but less than twenty-five (25) years, shall be eligible for a longevity payment in the amount of five hundred dollars ($500.00). Members of the bargaining unit who have served at least twenty-five years as a teacher in the Medfield Public Schools shall be eligible for a longevity payment in the amount of seven hundred fifty dollars ($750.00). Length of service to quality for longevity payments does not revert to zero in the event an employee has a break in service; however, any time during a break in service shall not count toward eligibility for longevity.

P.  Effective January 1, 2008, to the extent permitted by applicable federal laws and regulations, including but not limited to applicable IRS regulations, the School Committee will provide bargaining unit members with a Cafeteria Plan that will enable unit members to pay with pre-tax earnings for uninsured medical expenses (MEDCAP) and for day-care expenses for dependents (DECAP). The School Committee will pay any district-wide administrative costs and fees, and individual participating bargaining unit members shall pay any individual employee fees and costs associated with participation in either program.

ARTICLE V –

EXTRA DUTIES

A.    Extra duties in accordance with the following:

1.       Additional compensation will be paid to teachers who perform special activities according to Appendices B, C and D.

2.       The Association shall be responsible for the processing of College Course vouchers that are not used by the supervising teacher.

B.    Teachers shall not be held responsible for any activities related to the distribution and collection of insurance and picture forms and money except as stated below:

Pictures and insurance:

1.       Teachers will hand out the envelopes.

2.       Teachers will send a list of results to the office.

C.    Guidance personnel and content specialists may be required to assume reasonable supervisory duties when their work load permits.

D.    Teachers shall not be responsible for the keeping of attendance registers.

E.    Following the completion of the grading period, teachers shall have a reasonable period of time to complete the grading procedure.

F.    During a re-organization, any teacher assigned to another classroom site who is requested to organize and work with movers during non-school time, and agrees, $18.58 per hour for the 2011-2012 school year; $18.58 per hour for the 2012-2013 school year; $18.58 per hour for the 2013-2014 school year. In the event that a teacher is assigned to another classroom or building, every effort will be made to free up a reasonable amount of time from the teacher's schedule to organize and move. Teachers may pack boxes, however, they will not be expected to lift, carry or move boxes or heavy items.

ARTICLE VI –

DEPARTMENT PROFESSIONAL ASSOCIATION DUES

A.    Full payment of the dues for professional association membership for departments shall be made by the Medfield Public Schools.

B.    A sum of up to $100.00 (1 membership) per year shall be paid to the nurses for the purpose of joining a professional association.

ARTICLE VII –

CONSULTATION

Meetings of a subcommittee of the School Committee and of the Professional Rights and Responsibilities Committee shall be arranged for the purpose of dialogue. The meeting time and place of the Subcommittee shall be set by mutual agreement of the parties.

ARTICLE VIII –

POSTING VACANCIES

A.    The existence of vacancies in the school system will be communicated to the staff by posting. During the summer months, the Superintendent will advise, in writing, the President of the Association of the existence of any vacancies in the school system.

B.    Openings for positions under Federal programs will be offered to the personnel of the Medfield Public Schools for application before they are advertised outside of the system.

ARTICLE IX –

RESEARCH & DEVELOPMENT

The School Committee and the Medfield Teachers Association recognize the necessity of an In-service Program to involve all teachers at all levels of teaching and in all subject areas.

ARTICLE X –

PREPARATION PERIOD

The Committee will make an effort to give each teacher of Grades 1, 2 and 3 a twenty (20) minute break on the one day in the school week when a Special Subject teacher is not scheduled for that teacher.

To the extent that Special Subject teachers are employed for each grade level during the term of this Agreement, the Committee will use its best efforts to continue its practice relative to preparation periods as it has during 1984-85.

ARTICLE XI –

SICK LEAVE

A.   With Pay: Less than full time teachers will have their sick leave prorated in accordance with their equivalency status. The maximum accumulation for all employees hired effective for the 2000-2001 school year, shall be capped at 250 days. The maximum accumulation for all other employees shall be unlimited.

Teachers will be entitled to the following leaves of absence with pay each school year.

1.       Unused sick leave may be accumulated at the rate of fifteen (15) days per year.

2.       Teachers in their first year of employment will receive fifteen (15) days advance sick leave. If for any reason a teacher is separated from the school system during said year and has exhausted the said fifteen (15) days, then, in such event, the Committee shall deduct from any monies retained a per diem amount in accordance with the following formula: 1.5 sick leave days for each month of employment.

3.       A medical certificate upon request will be required at the discretion of the Superintendent:

a.    After being absent for five consecutive school days.

b.    After five separate absences.

4.       If a teacher is directed to obtain a physical examination to work, the fee for such examination shall be shared equally between the School Committee and the teacher.

5.       Teachers shall be notified by October 1, of each school year, of their accumulated sick leave.

B. Sick Bank Guidelines:

A sick bank shall be established for service by September 15 of each year. The sick bank guidelines are as follows:

1.       Application for withdrawals must be presented in writing to the President of the Medfield Teachers Association for approval by a 3/4 vote of a quorum of the Executive Board.

2.       No member may withdraw sick days until his/her accumulated sick leave is used.

3.       Up to thirty (30) days may be granted by vote of the Executive Board.

4.       Additional sick days beyond the first thirty (30) may be granted, but only with the approval of the School Committee.

5.       Teachers must sign an application for membership in the sick days bank.

6.       The applicant's attendance profile, made available to the President, will be a prime consideration for approving requests.

7.       Each applicant will be considered upon the merits of his/her individual situation.

8.       When such request is approved, the President will request members to forfeit one day of their sick leave to furnish the number of sick days needed for users of the bank.

9.       If more sick days have to be granted, members will be asked to give an additional day from their accumulated sick days.

10.     In the event that sick days are deducted for sick bank use and are not used, they shall remain in the sick bank for future use.

11.     No accumulated sick days will be deducted from a member until he/she is asked to donate to the bank.

12.     All members will give days to the bank as equally as it is possible to do so. Any time a teacher donates a sick day to the sick bank, the Medfield Teachers Association President will provide the payroll office with a written list of names of those teachers donating a day and the updated total number of days remaining in the sick bank.

13.     In the absence of the President, the Vice President shall carry on the duties of the President.

14.     A note will be sent to the Superintendent and teacher of all actions concerning that teacher.

15.     Whereas the administration of the first thirty (30) days of the sick bank rests solely upon the discretion of the bargaining unit, the administration of this section is not subject to grievance or arbitration.

C. Sick Leave Buy Back

1.    Employees covered by this Agreement who have completed twenty (20) years of service in the Medfield Public Schools shall be entitled, upon layoff, retirement, or in the event of death, to compensation in a lump sum according to the following formula:

Fifty percent (50%) of the then unused accumulated sick leave will be computed at $65 per day. Provided, however, that in the event of retirement, notice of said retirement shall be given prior to December 1 of the calendar year prior to the calendar year in which employment is to be completed. Teachers hired after the conclusion of the 2006-2007 school year shall not be eligible for Sick Leave Buy Back.

2.    Employees covered by this Agreement who have completed from fifteen (15) to nineteen (19) years inclusive of services in the Medfield Public Schools shall be entitled, upon layoff, retirement, or in the event of death, to compensation in a lump sum according to the following formula:

Thirty percent (30%) of the then unused accumulated sick leave will be computed at $65 per day. Provided, however, that in the event of retirement, notice of said retirement shall be given prior to December 1 of the calendar year prior to the calendar year in which employment is to be completed. Teachers hired after the conclusion of the 2006-2007 school year shall not be eligible for Sick Leave Buy Back.

Employees covered by this Agreement who have completed from ten (10) to fourteen (14) years inclusive of service in the Medfield Public Schools shall be entitled, upon layoff, retirement, or in the event of death, to compensation in a lump sum according to the following formula:

Twenty percent (20%) of the then unused accumulated sick leave will be computed at $65 per day. Provided, however, that in the event of retirement, notice of said retirement shall be given prior December 1 of the calendar year prior to the calendar year in which employment is to be completed. Teachers hired after the conclusion of the 2006-2007 school year shall not be eligible for Sick Leave Buy Back.

3.     Employees covered by this Agreement who have completed from five (5) to nine (9) years inclusive of service in the Medfield Public Schools shall be entitled, upon layoff, retirement, or in the event of death, to compensation in a lump sum according to the following formula:

Ten percent (10%) of the then unused accumulated sick leave will be computed at $65 per day. Provided, however, that in the event of retirement, notice of said retirement shall be given prior December 1 of the calendar year prior to the calendar year in which employment is to be completed. Teachers hired after the conclusion of the 2006-2007 school year shall not be eligible for Sick Leave Buy Back.

4.     Any bargaining unit member who retires prior to the end of a school year shall have three thousand dollars ($3,000.00) deducted from his/her final sick leave buyback amount.

ARTICLE XII –

TEMPORARY LEAVES OF ABSENCE

Teachers will be entitled to the following temporary leaves of absence with pay each school year:

A.  Two (2) days leave of absence for personal, legal, business, household or family matters which require absence during school hours. Three (3) days leave of absence for religious reasons, at the discretion of the Superintendent. Application for personal leave will be made at least twenty-four (24) hours before taking such leave (except in case of emergencies) and the application for such leave will not be required to state the reason for taking such leave other than he/she is taking it under this section. Unused personal days will be added to a teacher's sick leave accumulation per Article XI. Less than full time teachers will have their leave under this section calculated according to the following formula: employees who work two or fewer days per week shall receive one (1) personal day per year; employees who work more than two days per week shall received two (2) personal days per year.

No personal day may be used before or after a school vacation, school recess, or school holiday period for the purpose of extending said vacation, recess or holiday. During the months of May and June, bargaining unit members shall provide the specific reason for any personal day request in writing.

Effective September 1, 2007 and for the duration of this Agreement, bargaining unit members who are at the top step of the salary schedule and who are taking the HMO family health insurance plan shall be allowed to sell one (1) personal day per school year at a rate of four hundred dollars ($400.00) until April 1^st of the school year. Bargaining unit members who are eligible for this benefit and who wish to sell one (1) personal day, must notify the superintendent's office in writing annually.

Effective September 1, 2007 and for the duration of this Agreement, bargaining unit members who are on a step of the salary schedule other than the top step and who are taking the HMO family health insurance plan shall be allowed to sell one (1) personal day per school year at a rate of one hundred fifty dollars ($150.00) until April 1^st of the school year. Bargaining unit members who are eligible for this benefit and who wish to sell one (1) personal day, must notify the superintendent's office in writing annually.

Effective September 1, 2007 and continuing for the duration of this Agreement, the Association agrees that it will continue to pay the same health insurance co-payments that it paid during the 2006-2007 school year. This Agreement shall not preclude the parties from reaching agreement on different rates for co-payments during the life of this Agreement, provided that any such agreement is reduced to writing and signed by both parties.

B.    A maximum of one (1) day for the purpose of visiting schools or attending meetings or conferences of an educational nature is at the discretion of the Superintendent. Additional visitations, meetings, or conferences may be granted at the discretion of the Superintendent.

C.    Time necessary for Association representatives to attend Massachusetts Teachers Association and/or National Education Association conferences and conventions at the discretion of the Superintendent.

D.    Time necessary for appearances in any legal proceedings connected with the teacher's employment or with the school system.

E.    Up to four (4) days, from the date of death, excluding weekends, in the event of the death of a member of the teacher's immediate family. A reasonable extension may be granted by the Superintendent.

F.    Up to a maximum of four (4) days, non-cumulative, in the event of a serious illness of a member of the teacher's immediate family which requires bedside or household attention by the teacher. (For the purpose of this section, immediate family shall be defined as: spouse, significant other, child, parent, parent-in-law, sibling or other members of the teacher's immediate household.) Teachers will be granted up to three (3) days at any one time in the event of death, from the date of death, of a teacher's grandfather, grandmother, brother-in-law, sister-in-law, uncle, aunt, niece, nephew, cousin, grandchildren, unless said relative is a member of the immediate household, in which event the teacher will be entitled to the aforesaid four (4) days. Less than full-time teachers will have their leave under this section calculated according to the following formula: employees who work one or fewer days per week shall receive shall receive no benefit under this section; employees who work between two and three days per week shall received two family illness days per year; employees who work between four and five days per week shall receive four family illness day per year.

G. Military Pay: Any teacher during the time of his/her service in the armed forces of the Commonwealth of the United States shall be entitled to the difference between the teacher's regularly daily rate of pay and the amount of the teacher's daily military pay, said number of days not to exceed thirty (30) in any fiscal year.

ARTICLE XIII-

EXTENDED LEAVE OF ABSENCE WITHOUT PAY

A.    With the approval of the Superintendent, teachers upon request will be granted leaves of absence for not more than one (1) year without pay for the purpose of pursuing a full time educational program, for cultural travel, or for a work program related to his/her professional responsibilities during their absence. Upon return from such leave, a teacher shall be considered as if he/she were actively employed by the Superintendent during the leave and shall be placed on the salary schedule at the level he/she would have achieved had he/she not been absent.

B.    Leave without pay shall be granted to any teacher who is inducted or enlists in any branch of the armed forces of the United States. Upon return from such leave, a teacher shall be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the system during the period of this absence, up to a maximum of two years. If such person voluntarily re-enlists or extends his/her tour of duty, such action shall be considered a resignation from his/her position.

C.    A leave of absence without pay or increment of up to one (1) year, or in any case no longer than the following September 1, shall be granted for the purpose of caring for a sick member of the teacher's immediate family. Additional leave may be granted at the discretion of the Superintendent. If a leave of absence extends through the end of the preceding school year, notification of intent to return shall be made prior to June 1 to the Superintendent of Schools. If notification is not made, the contract of the teacher shall be considered as terminated.

D.    After four (4) years of continuous employment in the Medfield School System, a teacher may be granted a leave of absence without pay for up to one year, at the discretion of the Superintendent, for health reasons. Requests for such leave will be supported by appropriate medical evidence.

E.    After seven (7) years of continuous service in the Medfield Public Schools, a one school year leave of absence shall be granted for the purpose of pursuing an alternative career provided, however, the teacher shall have given written notice to the Superintendent by March 1 of the school year immediately preceding the school year for which the leave is to be taken. A teacher on such leave shall give written notice to the Superintendent prior to March 1 of the school year in which the leave is taken of said teacher's intent to return to his/her teaching position at the commencement of the school year immediately succeeding the leave of absence.

F.     All benefits to which a teacher was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, shall be restored to him/her upon return, and he/she shall be assigned to a position equivalent to the one which he/she held at the time said leave commenced.

G.  All requests for leaves, extensions, or renewals of leaves shall be made and responded to in writing. Requests for such leaves and renewals shall be submitted to the Superintendent by March 1, prior to the commencement of the leave, wherever possible.

H.  Other leaves of absence without pay may be granted by the Superintendent. In the event a teacher is absent from school without pay, the daily reduction of a teacher's pay will be by 1/184^th of the yearly pay.

I.   Upon return from a leave to serve in the Peace Corps, Ameri-Corps, or Fulbright-Hays exchange program, a teacher will be considered as if he/she were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent.

ARTICLE XIV –

SABBATICAL LEAVE

A.    The policy of sabbatical leave is intended to help maintain and improve the quality and efficiency of instructional service in the Medfield Public Schools. It is an additional opportunity for teachers to extend their professional competence and to better serve the Medfield Schools. Such growth is particularly vital in a period of rapid changes in the techniques and the art of teaching.

B.    The Superintendent of Schools may grant the request of such leave if he/she judges it will enlarge the professional competence of the applicant and improve the general efficiency of the teaching services.

C.    All professional employees are eligible for sabbatical leave and are considered in the following regulation in the term "teacher".

D.    Sabbatical leave shall be granted in accordance with the following provisions:

1.       Any teacher who has completed seven or more years of continuous satisfactory service in the Medfield Public Schools may be granted a leave of absence for one semester or two semesters, at half pay, for study or research on a full time basis.

2.       The applicant shall not be eligible for subsequent leaves until he or she has served another period of seven continuous years of successful service. Those using only a part of their sabbatical will be eligible upon reapplication for the remainder without serving an additional seven years.

3.       Number of Leaves Authorized: Not more than one (1) teacher of all teachers in the system shall be granted sabbatical leave during any given academic year. Preference to be given to requests for full year sabbaticals.

4.     Application for Leave:

a.   Application shall be made on or before February 1 of any year. If approved, such leave shall officially begin at the beginning of either the first or second semester

of the year immediately following. Each applicant shall be notified as to the disposition of his or her application no later than April 30.

b.     Application shall be made upon a form prescribed by the Superintendent, and shall include a program of study or research to be followed by the teacher during the period of leave.

c.     In reviewing sabbatical leaves of absence, the Superintendent shall give consideration to the use to be made of the requested leave and to seniority in service. Similarly, consideration shall be given to the reasonable and equitable distribution of the application among the different schools, grade levels, and departments.

5.  If the number of teachers who apply for sabbatical leave in any year exceeds one (1) member of the total professional staff, then selection of the teacher for sabbatical leave will be made from the following groups:

a.    Teachers with long periods of service without sabbatical leave who require retraining in order to serve efficiently.

b.    Teachers who wish to upgrade skills in accordance with a plan for improved teaching efficiency or improved classroom practices.

c.     Teachers who are engaged in a significant research study which will benefit the Medfield Schools or education in general.

d.    Teachers whose sabbatical study will lead to an advanced degree.

The application of these criteria will not be used to deny a sabbatical leave to a teacher who is eligible for sabbatical leave.

6.       Subsequent Service: Prior to granting such leave, teachers shall enter into a written agreement with the Superintendent that upon termination of such leave he/she will return to service in the Public Schools of Medfield for a period equal to twice the length of such leave, and that in default of completing such service, he/she will refund to the Town of Medfield an amount equal to such proportion of salary received by him/her while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered, unless such teacher is incapacitated, has been discharged, or has been released for good and sufficient reasons by the Committee from this obligation.

7.       Professional Teacher Status and Pension Status:   Contributions to the retirement fund by the teacher shall continue through the period of sabbatical leave and shall count as regular service for such retirement. Professional teacher status privileges and salary increments shall continue just as they might in normal employment. Group insurance will be continued during the duration of the leave.

8.       Illness or Accident:   Should the program of study or research being pursued by the teacher on sabbatical leave be interrupted by serious accident or illness verified by the

Superintendent, this unforeseen fact shall not be considered as a breach of the contractual agreement nor prejudice the teacher against receiving all rights and benefits provided for under the terms of the sabbatical leave policy, providing the Superintendent was notified of such accident or illness by registered letter within fifteen (15) days of its occurrence.

9.     Forfeiture of Leave: If, in the opinion of the Superintendent, the teacher on sabbatical leave is not fulfilling the purpose as stated under eligibility Section 4B for which the leave was granted, the Superintendent may terminate the leave of absence as of the date of its abuse. In the event of such termination, the teacher will return to active duty as assigned by the Superintendent.

10.     Return to Active Duty:   A teacher on sabbatical leave for the first semester of any school year shall notify the Superintendent in writing on or before December 1 of that year of his or her intention to return to duty the following semester. If leave has been granted for the second semester or the entire school year, the teacher shall give such notification on or before April 1.

11.     Reinstatement:   Upon the termination of the sabbatical leave, the teacher who has complied with the regulations set in the aforementioned paragraphs shall be reinstated in the position he or she held at the time such leave was granted, or an equivalent position, unless he or she shall agree otherwise.

E.    The teacher shall, at the expiration of his/her sabbatical leave, present satisfactory evidence that the period of leave has been utilized in good faith for the purpose of which it was granted before the aforementioned reinstatement is exercised.

F.     The Association shall not be held liable in the event a teacher fails to render his/her required service following his/her leave.

ARTICLE XV –

MATERNITY/ADOPTION LEAVE

A.    Maternity leave shall be granted up to eight (8) weeks pursuant to the provisions of Chapter 149, Section 105D.

B.    A child rearing leave shall be granted in accordance with the following provisions:

1.       A leave taken pursuant to this section shall be without pay or increment.

2.       A teacher who is to take a leave pursuant to this section shall give written notice of said teacher's intention to take such leave to the Superintendent at the time notice is given pursuant to Section A of this article.

3.       The leave under this section shall commence immediately subsequent to the leave taken under Section A above or the adoption of a child.

4.       In the event of a birth, such leave shall commence immediately subsequent to the child bearing.

5.       A teacher on leave pursuant to this article must return the first day of the following school year in which the leave commences.

6.  Written notice must be given to the Superintendent by March 1 of the teacher's intention to return September 1, as set forth in paragraph 5 above. Failure to give such notice shall be construed to mean that the teacher has resigned.

C.    The Association and the Committee are subject to the provisions of the Family and Medical Leave Act (FMLA). The FMLA shall not increase or decrease the length of leave available to eligible employees under this Agreement. Where an employee takes leave under one of the aforementioned articles for a reason which would entitle an employee to leave under the FMLA, such leave will also be considered FMLA leave and will be deducted from the employee's statuary FMLA leave entitlement. FMLA leave is not cumulative and is not in addition to leaves currently available to the extent such leaves are not covered by the FMLA. Alleged violations of the FMLA are not subject to the grievance and/or arbitration procedure of this Agreement.

D.    Bargaining unit members who adopt a child shall be entitled to utilize up to ten (10) days of accrued sick leave for adoption-related travel, court appearances, appointments with social workers or adoption agencies or attendance at other meetings or processes required in connection with the adoption of a child. Additionally adoptive parent(s) shall be entitled to utilize up to five (5) days of accrued sick leave upon the child's arrival home.

E.    Birth fathers/partners shall be entitled to utilize up to five (5) days of accrued sick leave upon the birth of the baby.

ARTICLE XVI –

DUES DEDUCTION

A. The Committee agrees to deduct from the salaries of its employees, who voluntarily authorize it, dues for the Medfield Teachers Association, Norfolk County Teachers Association, Massachusetts Teachers Association, and the National Education Association, and to transmit the monies promptly to the treasurer of the Association. Teachers' authorizations will be in writing in the form set forth below:

DUES AUTHORIZATION CARD

Name

Address

I hereby request and authorize the Medfield School Committee to deduct from my earnings an amount sufficient to provide for regular payments of the membership dues as certified by the Medfield Teachers Association. Ten payments will be deducted in equal installments, commencing with the first September paycheck and continuing with the first paycheck of the following nine months. I understand that the Committee will discontinue such deductions for this period only if I notify the Committee in writing to do so not later than sixty (60) days prior to the commencement of the school year.

Date:                                                  Teacher's Signature:

Teacher Organizations:                      Medfield Teachers Association

Norfolk County Teachers Association

Massachusetts Teachers Association

National Education Association

Date:                                                      Teacher's Signature:

B.    The Association named in Section A above will certify to the Committee in writing the current rate of the membership dues on or before August 1 of each year of this Agreement.

C.    No later than September 1 of each year, the Committee will provide the Association with a list of those employees who have voluntarily authorized the Committee to deduct dues. The Committee will notify the Association monthly of any changes in said list. Any teacher desiring to have the Committee discontinue deductions he/she has previously authorized must notify the Committee and the Association concerned in writing by September 1 of each year for that school year's dues.

D.    Inclusion in or withdrawal from payroll deductions for annuities for all employees, except those new to the system, shall commence with the first paycheck in September upon written request being received in the Business Office prior to August 15 of the same year. New employees beginning their work year in September may have annuity payments deducted if application is received prior to November 25 of that school year. In such cases, deductions for new employees would begin with the first paycheck in January.

E.    Inclusion in or withdrawal from payroll deductions for direct payment to the Massachusetts Teachers Association Credit Union will commence with the first paycheck in September and in January, provided a written request is received in the Superintendent's office by the 15^th of the previous month. Payroll deductions to the MTA Credit Union will only be for the purpose of savings and not to include repayment of loans.

F.     All regular full time and regular part-time employees, as long as the part-time employee is at least half time, covered by this Agreement hired after December 7, 1992, will be subject to the terms of an Agency Service Fee, which shall be consistent with the regulations of the Labor Relations Commission.

As a condition of employment during the life of this Agreement, every full time member of the bargaining unit who is not also a member of the Association shall pay or, by payroll deduction, shall have agreed to pay to the Association an Agency Service Fee in an amount permitted by law.

Whenever such unit member shall not have fulfilled this condition of employment, the Committee shall act to dismiss him/her pursuant to Massachusetts General Laws Chapter 71, Section 42.

G.    The Committee agrees to deduct from the salaries of its employees, the premium for either short or long-term disability insurance issued by UNUM/Vista Financial Group. Employees shall be responsible for paying 100% of the premium.

ARTICLE XVII –

TEACHING HOURS

A.   Teaching hours as follows:

1.       The Committee will set the starting and dismissal times of pupils.

2.       The length of the teacher's work day will be seven (7) hours and fifteen (15) minutes.

3.       The starting and ending times of the work day of teachers will surround the pupils' school hours.

4.       Employees covered by this Agreement in special services and guidance shall work thirty-six (36) hours and fifteen (15) minutes per week. The scheduling of such hours will be made by mutual agreement between the individual employees and his/her respective supervisor.

On days when their schedule requires teachers to travel between schools in the district, bargaining unit members may be assigned duties at the beginning or end of the day. On those days when bargaining unit members are not required to travel between schools in the district, they may be assigned duties at any time during the day.

5.       Part-time teachers will maintain the same proportional work load as a full time teacher.

6.       Any member of the bargaining unit who is directed by the Superintendent of Schools to work beyond the work year pursuant to Section E, shall be compensated at their respective per diem rate.

B.    The teaching staff shall have the opportunity to leave fifteen (15) minutes following the conclusion of the pupils' school day on Friday.

C.    A teacher shall be in his/her classroom or building for as much time, either before or after the hours indicated in Section A.2 above, as he/she, in his/her professional judgment, determines is necessary to provide adequately for his/her programs and children. When reasonably necessary, a teacher will be on duty to discharge his/her professional responsibilities, such as Open House and Parent/Teacher Conferences. On any day that a teacher is expected to perform duties such as those mentioned above, that teacher shall have the option to leave ten (10) minutes after the student day if all other commitments have been fulfilled.

D.    Each teacher in the system shall have a duty-free lunch period of at least the length of the regular student lunch period. If this is impossible to schedule, particularly at the elementary level, then each teacher shall have a duty-free period of at least the length of the regular student lunch period, as near to the regular lunch period as possible.

E.    The work year of teachers:

1.       The work year will include days when pupils are in attendance, orientation days at the beginning of the school year, in-service days, and any other days on which teacher attendance is required.

2.       The work year of teachers shall begin no earlier than the Monday before Labor Day and terminate no later than June 30.

3.       The exception to (2) above shall be the usual and customary special orientation days for newly hired teachers occurring before the start of the school year.

4.       With the exception of new teachers who attend the special orientation session above, the total work year for teachers under the provisions of this contract shall be 184 days. In the event of a waiver from the State Department of Education because of adverse weather conditions or other emergencies, the teachers' total work year will continue to be 184 days. No personal days will be granted on the last non-school work day for teachers.

F.     Teachers may leave their buildings in enough time to be able to attend 3:00 p.m. Association meetings if all their professional duties are completed.

G.    The current practice pertaining to the level of the work load in school year 1984-85 shall continue through the life of the Agreement.

ARTICLE XVIII –

TEACHER ASSIGNMENT

A.    Teachers will be notified of the grades and/or subjects that they will teach, and any special or unusual classes that they will have for the coming school year prior to the close of school in June, or by mail as soon as determined. Teachers who have not been notified per above by the close of school in June should inquire of their principal as to the whereabouts of their notification.

B.    In order to ensure that pupils are taught by teachers working within their area of competence, teachers will not be assigned, except temporarily and for good cause, outside the scope of their teaching certificates and/or then major or minor fields of study, and/or previous teaching experience.

C.    In arranging the schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of inter-school travel. Such teachers will be notified of any changes in their schedules as soon as practicable.

D.    Teacher assignments will be made without regard to race, creed, color, religion, nationality, gender or age.

E.    Teachers who desire a change in grade or subject assignment will file a written request for the change with the Content Area Specialist (if applicable), Principal, and Superintendent not later than April 1. As soon as practicable, but not later than June 30, the Superintendent will notify each teacher requesting a change of the action taken in regard to the request.

F.    The decision of the Committee involving the selection, retention, assignment, transfer, or promotion of a teacher is in accordance with the Education Reform Act.

G.    Qualifications and specifications shall be established for all vacancies and for new positions. Qualifications for future vacancies will not be changed without prior notice.

H.  Effective September 1, 1997 teachers in grades K-5 shall not be assigned to supervise student lunch periods. Effective September 1, 1998 teachers in grades 6-12 shall not be assigned to supervise student lunch periods.

I.   In making school assignments, the administration will consider teachers' classroom profiles from previous years, taking into account the scheduling needs, financial issues and individual student needs. This language shall not be subject to the parties' grievance and arbitration procedure.

ARTICLE XIX –

CLASS SIZE

A.    It is desirable to limit class size, in most areas, in relation to the subject taught, type of student, physical plant, availability of staff and various support facilities and/or techniques. Class size, where practicable, should be held to a maximum of twenty-five (25).

B.    The exceptions of (A) above are in subjects such as shop, home economics, art, business, kindergarten, physical education, music, special education, sciences, and any other areas where the safety, number of teaching stations, physical layout, and Department of Education requirements shall limit the maximum class size. Classes containing concentrations of disadvantaged students, or those students in need of specialized instruction, shall be held to a number that will permit the optimum learning conditions, insofar as it is practicable. Classes shall be so composed that the respective burdens in a grade or school shall be fairly apportioned.

C.    The foregoing standards are subject to modification for conformity to the policy and educational purposes of the Medfield individual approach to education, and shall not prevent the use of specialized or experimental techniques, nor will they cause split or half classes or other limitations that are unreasonable in the light of existing conditions. However, if a teacher considers that there may have been excessive departures from the agreed standards, a complaint may be filed and shall be subject to the grievance procedure.

ARTICLE XX –

OBSERVATION & EVALUATION

Teacher Evaluation: All monitoring or observation of the work performance of a teacher will be conducted in person and with full knowledge of the teacher. Teachers will be given a copy of any evaluation report prepared by their superiors and will have the right to discuss such report with their superiors.

A. The Committee will provide a copy of the evaluation forms to be used during the school year to the President of the Association at the beginning of the school year.

B.   Teachers will have the right, upon written request, to review the contents of their personnel file. A teacher will be entitled to have a representative of the Association accompany him/her during such review.

C.   No material derogatory to a teacher's conduct, service, character or personality will be placed in his/her personnel file unless the teacher has had an opportunity to review the material. The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent and attached to the file copy.

D.   Any ascribed to complaints regarding a teacher made to any member of the administration by any parent, student or other person will be promptly called to the attention of the teacher.

E.    The Association recognizes the authority and responsibility of the principal for disciplining or reprimanding a teacher for delinquency in professional performance. If a teacher is to be disciplined or reprimanded by a member of the administration above the level of the principal, he/she will be entitled to have a representative of the Association present.

F.    No teacher will be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause. It is expressly understood that the Committee retains all rights and obligations which it has under the statutes.

Formal evaluation of non-professional teacher status teachers will be submitted to the Superintendent prior to March 15 in advance of contract notification.

Formal evaluation of professional teacher status teachers will be submitted to the School Committee prior to May 15, in advance of contract notification.

In the event a professional teacher status teacher received two consecutive annual unsatisfactory evaluations, his/her name shall be placed on a probationary list. His/her name shall be removed from the probationary list upon receiving two consecutive annual satisfactory evaluations.

Observations will be made by principals, deans, assistant principals and/or supervisors, content area specialists, and directors.

The parties agree to create a study committee to review the current evaluation process to determine if it can be improved. The study committee will be made up of an equal number of administrators and teachers and will meet for a specified period of time before generating a final report either recommending or not recommending changes to the current system. In the event that the committee recommends changes, any such changes will need to be ratified by both the full School Committee as well as the Association membership.

Procedure for the evaluation of non-professional teacher status:

 1. Grades Kindergarten through 3

a.     Formal, written evaluations will be completed by the principal, dean, assistant principal or director prior to March 15.*

b.     Supervisors will formally observe only when requested to do so by the administration

2.  Departmentalized Grades 4 through 12

Formal, written evaluations will be completed by the principal, dean, assistant principal or director prior to March 15.

Procedure for the Evaluation of Professional Teacher Status Teachers:

1.     Grades Kindergarten through 3:

Formal, written evaluations will be completed by the principal, dean, assistant principal or director prior to May 15.

2.     Departmentalized Grades 4 through 12:

Formal, written evaluations will be completed by the principal, dean, assistant principal or director prior to May 15.

*In accordance with the Teacher Philosophy and Procedures of Evaluation adopted September 1996.

Note: All evaluations will be prepared on a standardized form available in the Superintendent's Office. Forms will be prepared in four copies for distribution as follows:

1.       Superintendent

2.       Evaluator's file

3.       Principal

4.       Teacher evaluated

A teacher who has been evaluated by the dean or assistant principal shall have the right to have the principal review that evaluation. If, in the judgment of the teacher, he/she believes that another evaluation should be done, the principal shall complete such an evaluation.

a.     Professional teacher status staff-by December 15 of the following year.

b.     Non-professional teacher status staff-by March 15 of the current school year.

G. No later than August 31, 2000, content area specialists shall be responsible for completing formal evaluations as directed by the building principal.

ARTICLE XXI –

REDUCTION IN FORCE

In the event of a reduction in force, said reduction shall be accomplished according to the following:

A.    Non-professional teacher status teachers shall be laid off before professional teacher status teachers.

B.    The Committee shall determine the order of layoff of non-professional teacher status teachers.

C.     Professional teacher status teachers will be laid off according to seniority within the following groupings:

1.    Elementary

a.     K-3

b.     4-5

c.     Art

d.     Music

e.     Reading

f.     Computer Science

2.    Secondary (6-12)

a.     English

b.     Social Studies

c.     Mathematics

d.     Science

e.     Foreign Language

f.     Business

g.     Industrial Arts

h.    Home Economics

i.     Art

j.     Music

k.    Reading

1.    Computer Science

3.   All Levels (K-12)

a.     Physical Education

b.     Special Services

c.     Librarian

d.     Guidance

e.     Health Education

D.    A teacher shall be included in one or more of the groupings (above) so long as:

1.       He/she is certified to teach within said grouping(s) pursuant to Chapter 71, Section 38G of the Massachusetts General Laws; and, "Any teacher gaining professional teacher status as of September 1, 1995, will gain membership in a group when he/she is certified to teach within said grouping and he/she has a minimum of twenty (20) percent direct teaching time in the group for six (6) consecutive semesters."

2.       Effective September 1, 2006, he/she is currently teaching or has taught within said grouping(s) within the past five (5) years.

E.    There shall be a recall period of twenty-four (24) months from the date of layoff.

F.    Recall shall be in reverse order of layoff.

G. In the event that a teacher is recalled to a position within a grouping from which he/she was not laid off, the Committee may require retraining after a meeting between the teacher involved and the Superintendent. Such retraining shall be at the Committee's expense.

H. The Committee agrees to provide an in-service workshop for teachers whose employment is terminated due to a reduction in force.

I. Seniority shall be defined as the total length of continuous service in the bargaining unit. Teachers on unpaid leave shall not have the time on such leave credited toward their total length of service.

J. Those teachers who started working on the same day and year will be considered to have equal seniority. The Superintendent will recommend which of these teachers will be laid off if a reduction in force is necessary. This recommendation will be made as soon as practicable after Town Meeting, but in no event later than the closing date of the teachers' work year.

K. The Committee and Association shall meet prior to January 1 to draw up a seniority list and such list shall be distributed to members of the unit prior to February 1.

L. In the event a teacher is recalled, all benefits to which the teacher is entitled at the time of layoff shall be returned to the teacher when recalled to work.

M. Upon being recalled, the teacher shall be placed on the step higher on the salary schedule to that which the teacher was on at the time of the layoff.

ARTICLE XXII –

SUMMER WORKSHOPS

A.    Teachers who are employed in the months of July and/or August shall be compensated at the following rate per hour:

2011-2014

$33.00

B.    Project Leaders shall be compensated at the following rate per hour:

2011-2014

$36.00

C.    Teachers who prepare and teach workshops shall be paid at the following rate per hour:

2011-2014

$36.00

ARTICLE XXIII –

GENERAL

A transcribed copy of the open minutes of the School Committee meeting will be delivered to the President of the Medfield Teachers Association after each meeting. When Executive Session minutes are declassified, a copy of these minutes will also be sent to the President.

A. The names and addresses of new employees shall be sent to the President of the Association.

B.    The Committee agrees to permit the installation of a telephone for the exclusive use of the Association at a mutually agreed upon location. The Association shall pay the full cost of installing and all other expenses incurred in the operation of the phone.

C.    Authorized travel shall be paid at the current Town of Medfield rate.

D.    Any request for resignation, except in the case of emergency personal need, shall be in writing at least four (4) weeks prior to the requested resignation date. In the event that the employee leaves the District with less than four (4) weeks notice, the employee shall forfeit three hundred ($300.00) from his/her final paycheck. In the event that the employee leaves the District with less than two (2) weeks notice, the employee shall forfeit five hundred ($500.00) from his/her final paycheck.

ARTICLE XXIV –

403(b) PLAN

Effective September 1, 2008, the School Committee agrees to contribute to a 403(b) plan for all participating bargaining unit members. Any bargaining unit member wishing to participate in the program must notify the Superintendent in writing no later than December 1 st preceding the first year of participation (or within four weeks of being hired). In order to be eligible to receive this benefit during the 2008-2009 school year, all bargaining unit members must notify the Superintendent in writing by no later than December 1, 2007. The Committee shall match ten percent (10%) of all bargaining unit member contributions, up to a maximum of two hundred dollars ($200.00) per member per year. Once a bargaining unit member elects to participate in the matching 403(b) plan, he/she shall be ineligible to participate in the Sick Leave Buyback benefit.

ARTICLE XXV –

 DURATION

The provisions of this Agreement will be effective as of September 1, 2011 and will continue and remain in full force and effect until August 31, 2014. The parties are to enter into negotiations for a successor Agreement subsequent to September 1, 2013.

IN WITNESS WHEREOF, the parties hereunto set their hands and seals this

______________________________________________________________

(Date)

MEDFIELD SCHOOL COMMITTEE                                            MEDFIELD TEACHERS ASSOCIATION

By _______________________________________   By_______________________________________

By _______________________________________   By_______________________________________

APPENDIX A-l

FY 2012  first 138 days @ 0%

FY 2012   days 139 to 184 @ 1%'

APPENDIX A-2

FY 2013   @1%

FY 2014  days 1-92 @1%

APPENDIX A-3

FY 2014   days 93-184 @1%

FY 2014  effective 08/31/2014 @ 11:59 p.m., @0.5%

APPENDIX B-1

Athletic Coaches Pay Scale

2011-2014

Appendix C-1

Extra-Curricular Pay Scale

2011-2014

All new high school club positions shall be designated as an approved club position, subject to the building principal's approval and paid at a stipend of $500.00.

APPENDIX D

Content Specialists/Curriculum/Grade Leaders/PD Rates 2011-2014

*In addition, Advisors of activities authorized by the committee shall also be compensated at this hourly rate.

"Content Specialists will teach not more than 4 periods, nor less than 2 periods. **Content Specialists will be established in the following areas:

1.  Grades 6-12:

English                                                                           Foreign Language

Social Studies                                                               Heath/PE/Cons. & Family Science

Mathematics                                                                Science

2.  Grades K-12:

Art                                                                                   Media/Library

Music                                                                             Special Education

3.  Grades K-5

English/Language Arts

Health/PE/Consumer & Family Science

Nothing in the foregoing shall be construed as limiting the School Committee's right to abolish or establish positions.

Duties of Content Specialists shall be as stated in the School Committee's Job Description.

APPENDIX A-1

FY 2012   first 138 days @ 0%

FY 2012   days 139 to 184 @ 1%'

APPENDIX A-2

FY 2013   @1%

FY 2014  days 1-92 @1%

APPENDIX A-3

FY 2014   days 93-184 @1%

FY 2014  effective 08/31/2014 @ 11:59 p.m., @0.5%

APPENDIX B-1

Athletic Coaches Pay Scale

2011-2014

Appendix C-1

Extra-Curricular Pay Scale

2011-2014

All new high school club positions shall be designated as an approved club position, subject to the building principal's approval and paid at a stipend of $500.00.

APPENDIX D

Content Specialists/Curriculum/Grade Leaders/PD Rates 2011-2014

*In addition, Advisors of activities authorized by the committee shall also be compensated at this hourly rate.

**Content Specialists will teach not more than 4 periods, nor less than 2 periods. **Content Specialists will be established in the following areas:

1.  Grades 6-12:

English                                                                           Foreign Language

Social Studies                                                               Heath/PE/Cons. & Family Science

Mathematics                                                                Science

2.  Grades K-12:

Art                                                                                   Media/Library

Music                                                                             Special Education

3.  Grades K-5

English/Language Arts

Health/PE/Consumer & Family Science

Nothing in the foregoing shall be construed as limiting the School Committee's right to abolish or establish positions.

Duties of Content Specialists shall be as stated in the School Committee's Job Description.